THE NONCONFORMISTS RELIEF Prepared against the SESSIONS Of the Next JUSTICES In London or in the Country. By a Follower of Peace, and Lover of Sincerity. Rom. 13.1, 2. Let every soul be subject unto the higher Powers: For there is no Power but of God; the Powers that be, are ordained of God. Whosoever therefore resisteth the Power, resisteth the Ordinance of God; and they that resist, shall receive to themselves damnation. LONDON, Printed for Walter Kettilby at the Bishops-Head in St. Paul's Churchyard, 1678, THE NONCONFORMISTS RELIEF. WHereas there is an Oath required of every Nonconformist Preacher that lives in a Corporate Town, which hath been an occasion of scruple, or of trouble to many, when really the contents thereof at the bottom are nothing else but the giving security to the State of our fidelity; I, who am one of the meanest among my Brethren, after some long consideration of what is like to edify, or offend the most, do, upon the account of what is just and right, and not only what is prudent, (having first satisfied my doubts) humbly present myself (though none of the first) to obey what is commanded. For the due performance whereof, with a good conscience, I will lay down my rule upon which I go, and I must then act according to it. The rule I have to lay down for our submission to this and the like Impositions is, that forasmuch as the Law is the Will of the Lawgiver, or Declaration of his Will, we are to consider impartially what the intent or purpose of the major part of the Parliament (which consists of the King and his two Houses) is, or was, that we should yield to, in our compliance with them in such or such an Imposition, and if we can submit to it in that sense which we verily believe to be their mind or meaning, we are to do it: and if we cannot, we are to suffer. If we take their words in any sense of our own, (though never so rational) which we believe in our consciences is, or was not their meaning, we prevaricate with the Law, and are profane or lose in our obedience: and if we make any scruples which our conscience tells us are besides their purpose, or not to be made in equity according to their mind or meaning, we are injurious to the Lawgiver, and aught to lay down such hard constructions. Here is the true latitude (or Middle way) we are to walk in, in our resolution of such cases. This rule therefore being laid, I must do two things for the practice of it. I must first give the sense of the Oath according to what I sincerely believe to be the intent of the Imposers, without wrong unto them, or my own understanding: and I must then apply myself to the taking of it. Only I must carefully premise this, for avoiding all offence to the Higher Powers, that I do not take upon me (as no one can) to put a meaning on the Oath, which I know I must take in theirs; or to determine and say, This is their meaning: but to say, I believe this to be their meaning, which is necessary to determine for my own self, that I may act in Faith in what I do. For the true sense then, or interpretation of this Oath, here are three parts or clauses of it. The first part is, I swear that it is not lawful to take arms against the King upon any pretence whatsoever. In which clause we are to conceive in the first place (as I am satisfied for myself) some such words as [I hold, or, I believe] are to be understood, which may appear from some other Act where they are supplied in the like Imposition, I swear that I hold it unlawful to take arms against the King; and in the next place by the words Upon any pretence whatsoever, as we are to understand no less doubtlessly than upon any cause, or in any case, Vlla ex causa; so we are not to screw up those words so high, as if no case or cases could be invented to put exception against the universality of the proposition, but that there is no such case or cases obvious, so as to come into the mind of the Lawmaker, (and no such consequently as by the intent of the Law we should object to ourselves in the taking this Oath,) or not such to be put with regard to our King; so that if this position be received by us as it is stated and held by the most learned Assertors of the power of Princes, and maintainers of this Tenet itself, we are to conceive it their minds we should yield to it as indefinitely true, without nicety, and too scrupulous a disquisition. I will explain myself a little further. This position may relate either to the Kingly Power in general, or to the Person of the King. As it relates to the former, it suffices to the meaning that we hold it as others against rebellion have maintained it. That is, I suppose, the Majority of Voters (if their minds could be asked) would desire no more of us. As it relates to the latter, I believe the meaning to be no less than this, that there is no case to be put, or no cause in the earth to be found out, that will warrant our taking arms against our present Sovereign Charles the Second. And this I hearty believe, and am ready to swear to it. The second part is, And I do abhor that traitorous position of taking arms by the authority of the King against his Person, or any commissionated by him. In this clause I understand by the word, abhor; in the cool sense, I disclaim, and I count the Position traitorous if it be used to rebellion: But it is not, I suppose, once to be conceived, that it was the intent of the Parliament, (the most of the Members) or of his Majesty himself, to advance any arbitrary Commissions above Law in any point by these words; and consequently that by those commissionated by him, we must understand such only as are Legally Commissionated, and in the Legal pursuit of such Commissions. A Commission not Legal is no Commission, and no man can be justified if he act otherwise than his Commission. And by this interpretation only, which I am fully persuaded (upon the account mentioned) was the sense of the Lawgiver, are the most material objections taken off, that have been alleged against this Oath by any. And fit advice also hath been taken in the whole case. The third part is, And that I will not at any time endeavour any alteration of Government either in Church or State. In this clause, By Government, we must understand, out of doubt, the present Government, and that only; which in the State is Monarchy, in the Church Episcopacy: And we are not to imagine that it was the intent of this Act to deprive any English man of his freeborn right, to choose Parliament Men whom he thinks meetest, to inform them of our grievances, to petition them, and to concur with them as our Representatives (which virtually we must needs do) in every Act that passes for the repealing old Laws, and making now, and consequently if it should seem good to the Parliament to make any reformation of Religion, so long as it were carried on in an orderly way by the consent of the King and the two Houses, there is nothing in such an Endeavour of any man in his place and calling but what is warranted by the fundamental Constitution of the Realm; so that by this Endeavour here abjured, we must understand such an Endeavour only as is not warrantable by the Constitution. Such an Endeavour we may suppose the Parliament intended as was used in the late times, when they went about to remove Episcopacy without the consent of the King, and against it. Such an Endeavour we abjure. That is, we will not endeavour by any means at all to remove the King from his Throne, because the Constitution of the Land is to be governed by a Monarch, and we will not endeavour to alter Episcopacy, or reform the Church in any way or manner, but what is warrantable by the Law of the Nation; that is, by a Convocation, or Act of Parliament. This is what I believe to be the true meaning of the Imposer; and in this meaning I thank God, that with a conscience fully persuaded, and an honest intention to the Public, as to myself, I do address myself to the words ensuing. J. A. B. do swear that it is not lawful to take arms against the King upon any pretence whatsoever: and that I do abhor that traitorous Position of taking arms by the authority of the King against his Person, or against those that are commissionated by him in the Pursuance of such Commissions: And that I will not at any time endeavour any alteration of Government either in Church or State. JOHN HUMPHREY. Reader, I Bless God I have a good conscience in Printing this Paper. I am sensible into how many straits many Ministers, and many good Men in several Corporations have been, and may be still brought, in regard to this Oath, or some like it. If there be difference, every man who is concerned, is to look to his own conscience. I have laid him down his Rule, and he is to be true to it, and to his own Soul; and if he be in doubt in any point, he must forbear. For my own part, I am so well satisfied about this Oath, that although I see not the Ends of Divine Providence in the general affairs of my life, who am one still on the wrong side of the hedge; yet do I not think myself born into the world to no purpose, so long as I have lived to do this. A matter so small (I count) in itself, and yet so momentous in regard to the Public; in the security of the Government, and the quiet of honest people. I do not subscribe my Name as one now actually swearing to the Oath, but as the Author of the Paper. But I intent to take this Oath for aught I know to choose, whether I need it or no, and much more if I do need it, after I have published thus much; unless I see more reason than now to the contrary. The sum of the matter is, I am content for my own part to engage myself to have no hand in any rebellion, whatsoever happens; I am resolved upon it, I will be no Rebel by the Grace of God. J. H. FINIS.