The Dissenters CASE. In Relation to the Bill of Forfeitures, Stated by way of Objection and Answer, and Humbly offered to the Favourable Consideration of His M●jesty, and both Houses of Parliament.  
THE Bill of Forfeitures that is now brought into the House of Commons, being red the First Time, appears to be a Bill for this Purpose: That all Persons that were in any Office, or Offices, during the Two last Reigns, and did not qualify themselves, by Receiving the Sacrament, according to the Ceremonies of the Church of England, and by taking the Oaths, according to the Statute; shall Forfeit the Sum of 500l. for every Office; and that the same shall be tried, in a Summary way, by Commissioners to be appointed for that Purpose: With an Appeal, to the Quarter Sessions, in so many Daies. By this Bill it is manifest, that the Subject is deprived of the benefit of the Laws, that were in being, at the time, when the supposed Offence was committed, and are condemned by a Law, ex post facto, to a new trial, in a Summary way, before Commissioners, which is the same thing, as my Lord Strafford's Bill of Attainder;( whatever glosses may be put upon it;) for if the Subject be deprived of the Form of Trial, by those Laws that ought to determine the Matter, and by which they are able to make their Defence; and be condemned by a new Law, to a new Form of trial, by which they cannot make their Defence; What is this but a Conviction in Parliament, without a trial, or Hearing one Man in his own Defence? In that Bill of my Lord Strafford's, it was Enacted, that the same should never be made use of, for a President, to Posterity; and yet that was in the Case of a single Person, a great Minister of State, who was above the ordinary Proceedings of Law, and therefore had a fair Hearing in Parliament; but here, behold, a Multitude are condemned, whose Faces are unknown, without Distinction, or Consideration of the particular Circumstances that may arise upon a fair Trial; Persons of inferior Station, that are Subject to the ordinary Methods of Proceedings in Westminster-Hall; a Thing without President in any Government in the World; and therefore, a reasonable Man would think, that there could be no question, whether this Bill should pass into a Law or not; but yet particular Passions, against particular Men, and other unhappy Differences, have raised some plausible Arguments, for Passing this Bill, which requires an Answer.  
One Argument for passing the Bill, is this; viz. That the Papists, and Dissenters, are very ill Men, and not well affencted to the present Government; and therefore it is very prudent to weaken such a Party, and take from them that Money, which they may otherwise make ill use of against the Government.  
Answer. The Conclusion is very reasonable, if the Premises were true; but how do you prove the Premises upon Protestant Dissenters? Have they raised any Rebellion? Have they refused to give, or pay the Taxes to the Government? Did they not all most Zealously promote the Interest of His Majesty, ever since this happy Revolution? Did not those in Offices obey als Commands for disarming Papists, securing disaffected Persons, and keeping the Country in Pence and Quietness? Are the Protestant Dissenters oblige●… to Answer for the Papists? This is a strange Alteration; but the Reason is plain, The People are naturally ●… rse to Taxes, and when this Parliament have given as great Taxes as the last, then the People will be for changing their Members again, and so the Name of Jacobites must go round, as the prevailing Party pleases to Order it; but His Majesty( they are sure) is very well satisfied and assured of their Loyalty; and if the Parliament please, they are ready to give any farther Demonstration of it that shall be required.  
Objection 2d. But the Dissenters, hour well soever they have behaved themselves, must be content to be governed by Law; and if they have acted contrary to Law, it is not severity in the Parliament to put the Laws in Execution.  
Answer. True, if this were the Case; for they are content to have the Laws put in Execution against them, in Relation to the Forfeitures; but this Bill is so far from that, that it takes from them the Benefit of those Laws, and hooks them in by a New Law.  
Object. 3d. But this Act is made only to prevent the Common Informer, who would not only recover these Forfeitures, but also bring the Party into several Incapacities, which are of greater concern to them; so that by this Bill a Kindness is intended to the Protestant Dissenters; for here is a Pardon for the Incapacities, and the Forfeitures only raised.  
Answer. The Protestant Dissenters are much obliged to the Inventor of this Argument, no doubt he has a great Kindness for them: The Papists indeed are obliged to him, for all Papists Convict are liable to both the Incapacities, and Forfeitures, and therefore this Bill does them a Kindness; but the Protestants deny that they are liable to either, by the Laws of England, as they now stand, and therefore desire no such Kindness, but that they may stand and fall by the known Laws of the Land; and when they want a Favour, they will become Humble Suitors for it themselves.  
Object. 4th. But some Money is wanting, is it not better that the King should have the money, than the Common Informer.  
Answer. Right, It is Ten Thousand times better but still that is not the Case, no Man opposes the vesting of all Legal Forfeitures in their Majesties, to be recovered according to those Laws, against which, the Offence was committed; but they humbly opposed a New Bill, that( in the consequence of it) doth condemn a number of Men, as guilty within those Laws, who in reality are not so, and the rather, for that the Execution of this Law is not left to His Majesty, into whose Hands, they dare readily commit both their Lives, and Estates; but appropriated as a Debt to the Navy, in which Case no Mercy can be expected.  
Obj. That it is fit in so great a Revolution, that some should be punished for their Offences.  
Answer. It's so, but how? If not accord●… 〈…〉 Laws, against which they have offended; if the● 〈…〉 by Law, what need a new Law to Condemn them; if they are not guilty by Law, than why are they Condemned?  
Object. But these Protestant Dissenters are worse than Papists, for they accepted of Commissions of the Peace when we were turned out.  
Answer. What then If they did a thing that displeased, is that a Criminal Offence, and a Sufficient Reason to convict an Offender by a new Law? Shall a traitor and a Murderer have the benefit of making their defence, by the known Laws of the Land before the Offence committed? And shall these Men be debarred thereof? But pray let us consider who had received the best Usage of late Days, the Papist or Dissenter? Was there no such thing as a violent Prosecution of Protestant Dissenters a little before? No Families ruined by Fines and Imprisonments merely upon the account of Religion, without any Offence committed? And did not the Papists at that time enjoy all the Ease and Liberty imaginable; How were the Papists indulged in those Days, whilst the poor Protestants were the only Sufferers by those very Laws that were safely designed at first against Papists. What? Must the Protestants be supposed to be Stupid and Insensible? What reasonable Man can wonder that they should embrace Freedom after so great Oppressions? Tis well known that a Gentleman of that persuasion could not be quiet in this Country from the Solicitations of the poor Protestants at that time, who being newly delivered from violent Prosecutions for their Religion, were over-joyed at that unexpected Deliverance; and who could tell in the beginning what was designed above? Self Preservation, is by the Law of Nature, which is above all other Laws; and if that were sufficient, and the only thing that could give a right to the Subject to be Active in this happy Resolution, it cannot leave the Protestants without a just excuse for what they did at that time: And if this be so, then it is reasonable that those that were at least the remote Cause of the Dissenters acting for their own Preservation; should now be the immediate Authors of their Punishments: But if this must be so, still the Dissenters cry out for common Justice, for a fair trial by the known Laws of the Land, or else this last Prosecution will be worse than the former, for then they had a fair trial, but now they have none; or if any, it is such a one as was not in being when the Offence was committed, but purposely created by a new Bill to bring those Persons to Punishment, who by Law are not now Punishable.  
Object. But it was an Evil thing in the Dissenters to betray their Religion for Revenge, and to endeavour to bring in Popery.  
Answer An evil thing indeed, if true, and its hearty wished that all such Men might be severely punished; but this Calumny is not believed by those that say it; for whatever some scandalous Persons, both of the Church, and amongst Dissenters, might have done, yet the greatest and best party of both, were equally resolved to oppose Popery: And therefore the late King would have found himself very much mistaken in his Measures for that purpose. The Gent. of that persuasion, were indeed prevailed upon, for the Reasons aforesaid, to accept of Authority to preserve themselves, when they might safely do it; and yet they were advised they might safely do it, after the Judges of England had given such an Opinion: But yet they were all generally resolved against taking off the Test, and many of then, the Penal Laws also tho they had been so great Sufferers by them: So far were they from endeavouring to introduce Popery, or from betraying their Religion. But these Expressions are but the effects of unhappy Differences amongst ourselves; and till those are removed, by a general Act of Oblivion, the Nation can never be serled in Peace and Prosperity.  
Obj. That Moneys must be had some way or other, and there is no other way, at present, to raise it but by such a Tux as this.  
Answer. Then let such a Tax as this be made equally and proportionably, upon all manner of Offenders, 〈◇〉 that will do the King and Kingdom good, and prev●… future Taxes upon us all; whereas now we are to pay F●…feitures and Taxes both: And this being plainly desig●… against a particular Party, will only raise more Dust tha● it can lay, and so be of no use to the public.  
Ob. That tho the Protestants( as the Case now happens) are not punishable by Law, yet the Parliament may punish them if they please; and what the Parliament does is not unjust.  
Answer. All Deference is paid to the power of Parliaments; but the reasonableness or unreasonableness of a Bill( before it be Actually passed into a Law) is ever allowed to be debated, both without as well as within the House, so as the same be done with due Submission to ou● Superiors: And if reason be on the Protestant Dissenters side, they have some reason to hope that the Parliament will be so too; and it is hard if the losers shall not have the liberty to speak a little for themselves; what then shall we say? Is this Law Just? If it be, we are sure it is with out a President in all Histories or Ages of the World; no Government can produce the like. We red, indeed, that a whole City should have been saved if that Ten good Men had been found in it; but here we see a Multitude to be Destroyed, their Wives and Children Ruined because a few bad Men might be amongst them. The great Tragedy in the West, tho' there was no new Law made against them, was condemned by most Men of all Part●…; because the Calamity was so general, and the Execution of it in could Blood. But the Dissenters Case is worse, for a much greater number would, by this Bill, be condemned and ruined in could Blood, so long after the Revolution, by a New Law, without a trial, by the known Laws of the Land. What then can be the effect of such severe Proceedings, but the same that hath always been observed in this Nation? Its a Maxim, Nullum violentum est contin●… m. When the Dissenters was the prevailing Party, a●… st things came to that pass, that they did not execu●… 〈◇〉 Power with that Moderation that became them; the● the Church Party became uppermost, and the Magistracy was in their hands, till their Moderation also was at an end. Then the Papists took their turn, and we see now they used their Authority, and what is become of them? After that the Dissenters again, were the prevailing Party, the last Parliament, till the Bill of Pains and Penalties; the Vote against Suirenders of Charters;& such like extraordinary Proceedings prevailed amongst them. And now we see the Church Party uppermost again,& so long as they act with Moderation, are like to continue so, but when that ceases, a Hermit that never saw a Military Weapon, nor pretends to any peculiar Revolutions, may fore-tell another Revolution; for it seems to be part of the unalterable Decree of Providence, that no Government can subsist long without Mercy and Moderation.   

LONDON, Printed for M. G.