Repealing of the same that so the Kings Protestant Subjects might be no more in danger of it but behold there was an unhappy failure in Mr. Somebody that it was not presented to his Majesty at the time when other Bills were presented and had the Royal assent however for as much as Lords and Commons had agreed unto it and His Majesty did not Reject it it seemeth to be the voice of the Kingdom that this aforesaid Statute should not be put in Execution IV. Sometimes the Protestant Dissenters are distressed in being Prosecuted by the Statute of the 7th of Jacobi which Statute doth provide the Punishment of Imprisonment for Refusing to take the Oath of Allegiance and in Refusing of it so often as the Law provideth for the tendering of it that then the said Person shall incur a Premunire Now there are great Numbers of his Majesties Protestant Subjects who are Dissenters who have and can freely take the said Oath and there be many others who are Dissenters that cannot take the said Oath First Because they think it is Unlawful to swear in any Case because Christ hath said Swear not at all Secondly Some cannot take the said Oath because they think a Promissary Oath is not Lawful Thirdly Some cannot take the said Oath because they think that they are thereby bound to an Actual Obedience and Performance of all the Laws of the Realm and from thence concinde that they are bound to go to Church and to take the Sacrament and to forbear to go to such Religious Meetings as are called Conventicles and therefore with Patience they do rather Submit to the Punishment of the said Law for Refusing the said Oath But others of the Dissenters are otherways perswaded concerning the aforesaid Oath and the aforesaid Particulars as the Opinions of their fellow Dissenters First they think Christ hath not forbid all kind of Swearing whatsoever but by these words Swear not at all they understand not at all to swear by those things mentioned viz. Heaven Earth Jerusalem the Temple the Altar or any other thing below God himself Secondly They do not think that a Promisary Oath is unlawful because it is not unlawful to make a Promise and thereby bind themselves to the Performance of any lawful matter contained in such Promise and therefore if the matter of an Oath be lawful they think they may as well swear to Perform it as promise to perform it especially the matter being between the King and Subject and the Swearing being the most sollemn way of assuring the performance of the matters promised and of believing the matters asserted in the said Oath And so end that Controversy Thirdly They cannot think or believe that by the Oath they are bound to an actual performance of all the Laws of the Realm for the Reasons following First Because if they be so bound then are all the Kings Subjects who have taken the said Oath so bound also and then it fairly followeth that if in any thing any Law be broken then the said Oath is broken and the Persons Allegiance to his King is Broken also which seemeth to be a harsh conclusion because then great multitudes of the Kings Subjects who are not Dissenters must be deemed deeply guilty in this matter viz. Such as swear prophanely such as curse such as are drunk such as promote the Trade of French Wines must be adjudged for sworn persons breakers of their Allegiance because in these and divers other things they are Breakers of the Law which seemeth to be an uncharitable conclusion concerning such whom Authority doth deem Liege Subjects notwithstanding their Breaking the Laws by the aforesaid Offences Secondly Such Dissenters as can and do take the aforesaid Oath cannot think they are thereby bound actually to obey all the Laws of the Realm and be bound by Oath to go to Church and to take the Sacrament and to for bear their Religious Meetings because no such thing is expressed in the said Oath and the Oath it self doth but bind those that take it according to the plain and express words thereof Let the last words of the Oath be well considered viz. And all these things I do plainly and sincerely Acknowledg and swear according to the Express Words by me spoken and according to the plain and common sense and understanding of the same words without any Equivocation or mental Evasion or secret Reservation whatsoever and I do make this Recognition and Acknowledgment heartily willingly and truly upon the True Faith of a Christian so help me God From which part of the Oath as it belongeth to the whole of the said Oath Let these things be Observed 1. That whatsoever thing is not in the express words of the said Oth that is not sworn unto either as a negative or an affirmative 2. That the matter contained in the express words must be understood and so sworn unto as doth agree with the common and known sense of such English Words viz. Without straining or stretching of the words beyond the litteral sense of them without any equivocation or mental evasion or secret reservation whatsoever viz. without any cunning or secret or mystical apprehension of the words of the said Oath Now the Particulars fairly expressed in the said Oath are these that follow 1. A solemn asserting of the Kings Right to the Crown of this Realm and other his Dominions 2. A solemn denying that the Pope of himself nor by any Authority of Rome or by any other means hath any power or authority over the Kings Person or over any of his Countries or over any of his Subjects 3. A Solemn Resolution to be true and faithful Subjects to the King notwithstanding any Declaration or Sentence of Excommunication or Deprivation made or granted or to be made or granted by the Pope or his Successors or by any Authority derived or pretended to be derived from him or his See against the said King his Heirs or Successors and him and them will defend to the utmost of my power against all Conspiracies and Attempts whatsoever which shall be made against his or their Persons their Crown or Dignity by reason or colour of any such Sentence or Declaration or otherwise 4. That as such shall not be guilty of Treason themselves so they are bound to discover all Treasons and Traiterous Conspiracies they snall know among any others 5. A. Solemn Renunciation of that Damnable Doctrine That Princes which be Excommunicated or Deprived by the Pope may be deposed or murthered by their Subjects or any other whatsoever 6. That the Pope nor any other person whatsoever hath power to absolve from this Oath or any part thereof 7. A Solemn Declaration that this Oath is taken sincerely and not Hypocritically Now for as much as many good Christians do scruple the taking of the aforesaid Oath by reason of their concluding that they are thereby bound to more things then is pressed in the said Oath and yet are well satisfied
and Resolved to defend the Kings Person and maintain the welfare of the Kingdom against the Pope and all Forreign Power and have given great demonstration of their own peaceable subjection to His Majesties Government it seemeth to be a Proceedings of great severity to punish such persons who fear swearing this Oath only least they should Sin against God in swearing that which they know they cannot perform viz. A thorow Conformity to the Church Matters which if that were the meaning of the Oath those Nonconformists that have taken the said Oath would not have taken it Now therefore that each Party may be helped in this matter here followeth a Copy of the Oath of Allegiance and King James his Exposition or Paraphrase upon it The Oath of Allegiance I A. B. Do truly and sincerely acknowledg Profess Testifie and declare in my Conscience before God and the World that our Sovereign Lord King James is Lawful and Rightful King of this Realm and of all other his Majesties Dominions and Countries and that that the Pope neither of himself nor by any Authority of the Church or See of Rome or by any other means with any other hath any power or authority to depose the King or to dispose any of his Majesties Kingdoms or Dominions or to Authorize any Forreign Prince to invade or Annoy him or his Countries or to discharge any of his Subjects of their Allegiance or Obedience to his Majesty or to give Licence or leave to any of them to bear Arms to Raise Tumults to offer any violence or hurt to His Majesties Royal Person State or Government or to any of His Majesties Subjects within his Majesties Dominions Also I do swear from my Heart that notwithstanding any Declaration or Sentence of Excommunication or Deprivation made or granted or to be made and granted by the Pope or his Successors or by any Authority derived or pretended to be derived from him or his See against the said King his Heirs or Successors or any Absolution of the said Subjects from their Obedience I will bear Faith and true Allegiance to his Majesty his Heirs and Successors and him and them will defend to the utmost of my power against all Conspiracies and Attempts whatsoever which shall be made against his or their Persons their Crown and Dignity by reason or colour of any such Sentence or Declaration or otherwise And I will do my best endeavour to disclose and make known unto his Majesty his Heirs and Successors all Treasons and Traiterous Conspiracies which I shall know or hear of to be against him or any of them And I further swear That I do from my heart abhor detest and abjure as impious and heretical this Damnable Doctrine and Position that Princes which be Excommunicated or Deprived by the Pope may be deposed or murthered by their Subjects or any other whatsoever and I do believe and in my Conscience am Resolved that neither the Pope nor any other person whatsoever hath power to absolve me of this Oath nor any part thereof which I acknowledg by good and full Authority to be lawfully Ministred unto me and do Renounce all Pardons and Dispensations to the contrary And all these things I do plainly and sincerely Acknowledge and Swear according to these Express Words by me spoken and according to the plain and common sense and understanding of the same words without any Equivocation or mental Evasion or secret Reservation whatsoever and I do make this Recognition and Acknowledgment heartily willingly and truly upon the True Faith of a Christian So help me God And now for a further and better help to understand the Oath of Allegiance let King James his answer to Cardinal Bellarmine be well considered concerning this Oath in his Apologie for the Oath of Allegiance page 46. where he saith It may appear what unreasonable and rebellious points he would drive my Subjects unto by Refusing the whole Body of that Oath as it is conceived for he that shall Refuse tâ— take this Oath must of necessity hold all or some of these Proposition following viz. 1. That I King James am not the Lawful King of this Kingdom and all other my Dominions 2. That the Pope by his own Authority may depose me if not by his own Authority yet by some other Authority of the Church or of the See of Rome if not by some other Authority of the Church of See of Rome yet by other means with others help he may depose me 3. That the Pope may dispose of my Kingdoms and Dominions 4. That the Pope may give Authority to some Forreign Prince to invade my Dominions 5. That the Pope may discharge my Subjects from their Obedience and Allegiance to me 6. That the Pope may give Licence to one or more of my Subjects to bear Arms against me 7. That the Pope may give leave to my Subjects to offer violence to my Person or to my government or to some of my Subjects 8. That if the Pope shall by Sentence Excommnnicate or Depose me my Subjects are not to bear Faith and Allegiance to me 9. If the Pope shall by Sentence Excommunicate or Depose me my Subjects are not bound to defend with all their power my Person and Crown 10. If the Pope shall give out any Sentence of Excommunication or Deprivation against me my Subjects by reason of that Sentence are not bound to Reveal all Conspiracies and Treasons against me which shall come to their hearing or knowledge 11. That it is not Heretical or detestable to hold that Princes being Excommunicated by the Pope may either deposed or killed by their Subjects or any other 12. That the Pope hath power to absolve my Subjects from this Oath or from some part thereof 13. That this Oath is not Administred to my Subjects by a full and lawful Authority 14. That this Oath is to be taken with Equivocation Mental Evasion or secret Reservation and not with the Heart and good-will Sincerely in the Faith of a Christian Man These are the true and natural Branches of the Body of this Oath And now forasmuch as there is another Oath called the Oath of Supremacy about which many good Protestants have differing Apprehensions some being very free to take the said Oath some do Conscienciously scruple it and so dare not take it for fear they should Sin against God in so doing The same Oath shall be here Presented to Consideration The Oath of Supremacy I A. B. Do utterly Testifie and Declare in my conscience That the Queens Highness is the only Supream Governour of this Realm and of all other Her highness Dominions and Countries as well in all Spiritual or Ecclesiastical Things or Causes as Temporal And that no Forreign Prince Person Prelate State or Potentate hath or ought to have any Jurisdiction Power Superiority Pre-eminence or Authority Ecclesiastical or Spiritual within this Realm and therefore I do utterly Renounce and Forsake all Forreign Jurisdictions Powers Superiorities and
Authorities and do promise that from henceforth I shall bear Faith and True Allegiance to the Queens Highness her Heirs and Lawful Successors and to my power shall assist and defend all Jurisdictions Priviledges Pre-eminences and Authorities granted or belonging to the Queens Highness her Heirs or Successors or united and annexed to the Imperial Crown of this Realm So help me God and by the contents of this Book Now in the aforesaid Oath some of the words are such as many Godly Persons cannot heartily speak and therefore Refuse to speak them at all in a way of Swearing viz. That the King as Supream Governour of this Realm is Supream Governour in all Spiritual or Ecclesiastical Things or Causes as well as in all Temporal Things and Causes Which words are Expounded or Explained by Queen Elizabeth in an Admonition Annexed to the Queens Injunctions Published in the first year of her Raign which take as followeth And further Her Majesty forbiddeth all manner of Subjects to give Ear or Credit to such perverse and malitious persons which most sinisterly and malitiously labour to notify to her loving Subjects how by the words of the said Oath it may be Collected the Kings or Queens of this Realm Possessors of the Crown may challenge Authority and Power of Ministry of Divine Offices in the Church wherein her said Subjects be much Abused by such evil disposed persons For certainly Her Majesty neither doth nor ever will challenge any other Authority then that was Challenged and lately used by the said Noble Kings of Famous Memory King Henry the Eighth and King Edward the sixth which is and was of ancient time due to the Imperial Crown of this Realm That is under God to have Soveraignty and Rule over all manner of persons Born within these her Realms Dominions and Countries of what Estate either Ecclesiastical or Temporal soever they be so as no other Forreign Power shall or ought to have any Superiority over them and if any person that hath conceived any other sense of the Form of the said Oath shall accept the same Oath with this interpretation her Majesty is well pleased to accept every such in that behalf as her good obedient Subjects shall acquit them of all manner of Penalties contained in the said Act against such as shall peremtorily or obstinately Refuse to take the said Oath And in the fifth year of her Majesties Raign there was an Act of Parliament to confirm this Sense of the said Oath in these following words Provided also That the Oath expressed in the said Act made in the said first year shall be taken and expounded in such Form as is set forth in an Admonition Annexed to the Queens Majesties Injunctions published in the first year of her Majesties Raign That is to say to confess and acknowledg in her Majesty her Heirs and Successors none other Authority then that was challenged and lately used by the Noble King Henry the Eighth and King Edward the Sixth as in the said Admonition more plainly may appear Now from the aforesaid Oath together with the aforesaid Exposition Confirmed by Act of Parliament Let these things be Considered 1. A Solemn Assertion of the Queens Power and Authority in her own Kingdom and Dominions in opposition to any Forreign Prince Person Prelate State or Potentate 2. That the Power and Authority of the Queen in her own Realms and other her Dominions was over all Ecclesiastical Persons as well as over all Temporal Persons so as to be tryed by her Laws in all Matters and Causes they may be concerned in that if innocent they may be acquitted but if guilty they may be punished by her Power and Authority according to her Laws in her Courts of Justice without Appealing to or hoping for Relief from Forreign Jurisdiction 3. And therefore let all those who do Conscienciously scruple to take either of the aforesaid Oaths Consider whether they have not entertained such notions and apprehensions of them as the plain words and comon sense of such words will not fairly bear and thereby expose themselves to such trouble as they might lawfully escape if their Judgments were better informed 4. Let such as have power to tender and impose the said Oaths upon persons Consider whether the Tender of such Oaths is not sometimes done out of spite to the persons before them they knowing that they are of Scrupulons Consciences and so are sure that they have an opportunity to afflict them and yet know in their own Consciences that such persons are good Protestants and have long lived in all peaceable manner under the Government and so desire to abide that they may lead a quiet and peaceable life in all Godliness and Honesty under Authority as they are taught by the Good Word of God V. Another Law by which the Protestant Dissenters have been and still are Prosecuted and Distressed is the 17. of Car. 2. Chap. 2. viz. An Act for Restraining Nonconformists from Inhabiting Incorporations Now the Persons punishable by this Act are such as are Nonconformist Preachers who live in a Corporation or within five Miles of a Corporation and that Preach in Conventicles and thereby under pretence of Religion do distill Poysonous Principles of Schism and Rebellion into the Hearts of his Majesties Subjects to the great danger of the Church and Kingdom See the first Paragraph of the said Statute And the punishment provided by the said Statute for such persons is the forfeiture of Forty Pounds to be sued for in any Court of Record at Westminster or before the Judges of Assize and also six Months Imprisonment if such persons shall Refuse to take the Oath Provided by this Act A Copy whereof is as followeth I A. B. Do Swear that it is not lawful upon any pretence whatsoever to take Arms against the King and that I do abhor that Traiterous Position of taking Arms by his Authority against his Person or against those that are Commissioned by him in pursuance of such Commissions and that I will not at any time endeavour any Alteration of Government either in Church or State Now from the aforesaid Statute Let these things be Considered 1. That the Main Design of the said Act was to rid Cities and Corporations of such Nonconformist Ministers as under pretence of Religion do distill Poysonous Principles of Schism and Rebellion into the Hearts of his Majesties Subjects to the danger of Church and State Now if there be any such Criminal Persons under the name of Nonconformist Ministers let them suffer according to their Crimes when proved by sufficient Evidence 2. Consider that all sorts of Nonconformist Ministers do abhor to be such Persons and to promote Rebellion but they do generally make it their business to Preach Eternal Salvation by the Blessed Merits of Jesus Christ and a Holy Conversation according to the Blessed Gospel of Jesus Christ following the things which make for Peace here and hoping to injoy a Better Peace when this
Cruelty for such as profess Christianity to proceed violently one against another when they may be more gentle and friendly to each other especially in matters of Conscience but it is to be lamented that too many persons partly for want of Understanding in the Law and partly by reason of violent spirits instead of being Legal and Merciful Prosecutors are dreadful Oppressors Persecutors of such as are their Fellow Protestants XII Now for as much as the poor Protestant Dissenters are Prosecuted and so are distressed by divers Laws that are put in Execution against them let those Laws be soberly considered together with the persons and things for which they are Prosecuted that so neither the Laws nor the Kings Subjects may be abused by reason of the inconsiderate Proceedings of those that have not such a good Understanding of the Laws as they ought to have for the well managing of that Office or Authority they have arrived unto And besides such ignorance in the Law men in Authority are sometimes attended with such displeasure of mind as may be called ill-will against some persons that they may be concerned with in the exercise of such Authority and so are apt to go beyond the Law and beyond the Right Execution of that Authority that the King and the Law hath invested them with And therefore a particular Account of those Statutes by which the Protestant Dissenters are Prosecuted to their great dammage for such things as they do humbly conclude to be the matters of their God with some sober Considerations upon the said Laws take as followeth The Protestant Dissenters are in some places Prosecuted by the Statute Anno primo Reginae Elizabethae Chapter 2. paragraph 14. where it is Ordained That all and every Person and Persons inhabiting within this Realm or any other the Queens Dominions shall Resort to their Parish Church or Chappel or to some usual place where Common-Prayer and such Service of God shall be sued upon every Sunday and other days ordained and sued to be kept as Holy-days and then and there to abide orderly and soberly during the time of the Common-Prayer Preaching or other Service of God there to be used and ministred upon pain of punishment by the Censures of the Church and also upon pain that every person so offending shall forfeit for every such Offence Twelve-pence to be Levied by the Church Wardens of the Parish where such Offence shall be done to the use of the Poor of the same Parish of the Goods Lands and Tenements of such Offendor by way of Distress And in Paragraph 20. It is Enacted That no person or persons shall be Impeached or otherwise Molested for any of the Offences in the said Act unless he or they so offending be thereof Indicted at the next General Sessions to be holden before any such Justices of Oyer and Terminer or Justices of Assize next after any Offence committed or done contrary to the Tenor of this Act. Now for the better understanding of the aforesaid Act let the whole of it be perused as it is in the Statute-Book however a brief account you shall have as followeth I. A confirmation of the Book of Common-prayer and Administration of the Sacraments as it was in the fifth and sixth years of Edward the sixth see Paragraph 1 2 3. II. That if any Parson Vicar or Minister shall Refuse to use the said Book of Common-Prayer or to Minister the Sacraments in such Order and Form as is mentioned in the said Book in any Cathedral or Parish-Church or other places or that shall use any other Form or Order of Celebrating the Sacraments or that shall use any Mattens or Even Songs or other publick Prayers then is mentioned in the said Book or that shall Preach Declare or Speak anything in the Derogation or Depraving of the said Book or any part thereof And shall be Lawfully Convict thereof by the Verdict of Twelve men shall for his first Offence forfeit all his Spiritual Benefices or Promotions for one whole year next after his Conviction and shall suffer Imprisonment for the Space of six Months and for such Offence a second time being Convict shall suffer Imprisonment a whole year and shall be Deprived Ipso Facto of all his Spiritual Promotions and for the third Offence being Convict thereof shall be Deprived of all his Spiritual Promotions and suffer imprisonment during his Life And if the Person that shall offend shall ot be beneficed nor have any Spiritual Promotion and be thereof Convicted shall suffer Imprisonment one whole year for the first Offence without Bail or Mainprise And if any such Person not having any Spiritual Promotion shall be Convict of such second Offence shall suffer Imprisonment during his Life See Paragraph 4 5 6 7 8. III. It is further Enacted That if any Person or Persons whatsoever shall in any Interludes Playes or Songs Rhimes or other Words Declare or Speak any thing in the Derogation Depraving or Despising of the same Book or shall Compel or Procure or Maintain any Parson Vicar or other Minister to sing or say any Common or open Prayer or to Minister any Sacrament otherwise or in any other manner and Form then is mentioned in the said Book or shall by any of the said meanes Interrupt of Let any Parson Vicar or other Minister to sing or say Common or open Prayer in any Cathedral or Church or Chappel or any other place shall for the first Offence being Lawfully Convict thereof Forfeit an hundred Marks and for the second such like Offence forfeit four hundred Marks and for the third Offence being Lawfully Convict shall forfeit all his Goods and Chattles and suffer Imprisonment during Life See Paragraph 9 10 11. IV. That it is further Enacted That whosoever of the Inhabitants of this Realm c. that shall not come to their Parish-Church or Chappel or other place of Common-Prayer where it usually said shall forfeit Twelve-pence for every Sunday and Holy-day See Paragraph 14. Now from this Statute let these following Particulars be Soberly Considered 1. That this Statute was made in the first year of Queen Elizabeths Reign presently upon the Casting out and throwing down of Popery 2. That by this Statute the Protestant Religion was Revived and Confirmed and so the Reformation was further carried on as it was in the Reign of that happy Prince Edward the Sixth 3. Consider that at the time of making this Statute the whole Realm did Consist of Protestants and Papists Considered as Clergy and Layity The Realm was not then acquainted with such a thing as Protestant-Dissenters and therefore it cannot be fairly supposed that this Act was intended for such barely as such but the Design of this Act was First To settle a Protestant-Ministry to manage the Protestant Religion according to the Light of that day Secondly To Remove all such as were Popishly affected from Ministerial Office that so they might not keep the Queens Subjects in Popish Blindness
Thirdly To bring the People from Popery to the Protestant Religion and therefore a gentle way of Punishment was Provided viz. Twelve-pence forfeit for every Sunday and Holy-Day for not coming to the place of Common-Prayer so as to hear it and attend it Now if the poor Protestant-Dissenters must be punished by Law for their Non-Conformity let such as are in Authority consider that this Law will not do their Fellow Protestants so much harm as some other Laws and yet this Punishment of Twelve-pence a day is a heavy Punishment for such Poor People as are not worth Twelve-pence and more especially if five or ten or twenty days Forfeits be laid upon such Poor People 4. Consider that though this be a gentle way of Punishment yet there is no Word of God will Justifie it for God hath not appointed any kind of Fines or Forfeitures great or small as a Punishment for not Conforming to his Worship and if either Papist or Protestant should Conform only to avoid this or any other Punishment they would be but Hypocrites the Conformity being only to save their Purses and not the Act of their Spirits 5. Consider that in the Strictness of this Statute if Protestants may be Prosecuted great Numbers of those that are Church-Protestants are a kind of Non-Conformists because they do not go to Common-Prayer upon every Holy-day and surely they would be loth to be so Prosecuted themselves as they Prosecute their Fellow Protestants II. The next Statute by which the Protestant Dissenters are Prosecuted and Distressed which now shall be Discoursed is Anno Vicessimo Tertio Reginae Elizabethae Chap. 1. Paragraph 5. Where it is Enacted That every Person above the Age of Sixteen years which shall not Repair to some Church Chappel or usual place of Common-Prayer but forbear the same contrary to the Tenor of a Statute made in the first year of her Majesties Reign for Vniformity of Common-Prayer and being Lawfully Convicted shall forfeit to the Queens Majesty for every Month Twenty Pounds of English Lawful Money Now for the better Understanding of the aforesaid Statute it will be best to peruse the whole of it as it is in the Statute Book of the Realm in which it will evidently appear that it was Designed directly against those of the Romish Religion See Paragraph 1. where there is mention made of divers ill Affected Persons who used divers ways and means to withdraw her Majesties Subjects from their due Obedience to obey the Vsurped Authority of Rome See Paragraph 2. where it is Enacted That all Persons whatsoever that shall absolve or by any Ways or Meanes perswade the Queens Subjects from their Natural Obedience to any Obedience to the Pretended Authority of the See of Rome or of any other Prince State or Potentate to be had or used within her Dâ—minions shall be Judged as Traytors and shall suffer as Traytors See Paragraph 3. And it is likewise Enacted That every Person and Persons that shall be willingly Aiders or Maintainers of such Persons or shall conceal and not Disclose such Offences shall be Tryed and Judged and suffer as Offenders in Misprision of Treason See Paragraph 4. It is likewise Enacted That every Person which shall say or sing Mass being Lawfully Convicted shall forfeit the Sum of two hundred Marks and be Committed to the next Goal there to Remain for the space of one year and that every Person which shall willingly hear Mass shall forfeit one Hundred Marks and Suffer Imprisonment a year And in Paragraph 5. It is Enacted That every Person above the Age of Sixteen years which shall not Repair to some Church or Chappel or usual place of Common-Prayer shall Forfeit for every Month the Sum of Twenty Pounds From which Particulars of the aforesaid Statute let these following things be Considered 1. A further Confirmation of the Protestant Religion and the Authority of the Queen as a Protestant Monarch in her own Realm in Opposition to any Pretended Authority by the See of Rome is plainly Asserted 2. A further Proceed in providing Punishments for those that shall maintain the Authority of Rome in this Realm and any manner of ways endeavour to withdraw the Subjects of England to obey the Authority of Rome in Opposition to the Authority of the English Monarch 3. It seems by this Statute that after Twenty three years Reign of this Protestant Queen the Popish Party were still busy in maintaining the Authority of Rome and were not brought to submit to the Protestant Religion and therefore further Provision is made by a greater Penalty to Reduce them viz. from Twelve-pence a day unto Twenty pounds a Month. 4. And though this Statute doth mention every person above the Age of Sixteen years as being Required to come to Church there is good Ground to conclude That by every Person was intended every such person as absented by Reason of their being of the Popish Religion and Adhering unto the Authority of Rome or any Forreign Jurisdiction and thereby declared themselves to be implacable and Irreconcilable Enemies to the Government both in Church and State 5. Consider that if the Law-makers had intended such as are now called Protestant-Dissenters such would have been Distinguished from the Popish Party by some other Name as it is in the Statute of the 35th of Elizabeth which shall be next Discoursed of and therefore to Prosecute the Protestant Dissenters by this Law which undoubtedly was made against the Papists and is doubtful whether it was made against any Protestants seemeth to be hard dealing especially considering that there are other Laws by which the Protestant Dissenters have been and still are greatly Distressed 6. Consider the greatness of this Punishment viz. of the Forfeiture of Twenty pound a Month for not Reparing to some Church of Chappel or usual place of Common-Prayer for though a Person may be Indicted but for one Month and be Convicted thereof he shall forfeit Twenty pounds a Month all the time after such Conviction until he shall make such Submission in a way of Conformity as the Law doth Require without any more Indictments or Convictions See this in the Statute Anno Vicessimo nono Reginae Elizabethae Chap. 3. Paragraph 3 4. Where it is Enacted That such Offendor shall also for every Month after such Conviction without any other Indictment or Conviction pay into the Receipt of the Exchequer after the Rate or Twenty pounds for every Month after such Conviction So that after this Rate such Offender will forfeit Two Hundred and Three-score pounds a year there being according to Law thirteen Months in the year And it is further Provided by this last-mentioned Statute That if default shall be made in any part of any Payment aforesaid that then and so often the Queens Majesty shall and may by Process out of the said Exchequer Take Seize and injoy all the Goods and Two Parts as well of all the Lands Tenements and Hereditaments Lyable to such Seizures
Leaving the third part only of the same Lands Tenements and Hereditaments Leases and Farms to and for the Maintenance and Relief of the same Offender his Wife Children and Family And for a further demonstration of this Matter that these forementioned Act viz 23. and 29. Eliz. were made and designed for the Popish Party is further evident by the Statute of Primo Jacobi Regis Chap. 4. the Title of which Act is thus An Act for the due Execution of the Statutes against Jesuites Seminary Priests Recusants c. And the first part of this Act is to confirm and to put in Execution all those Statutes in the Reign of Queen Elizabeth against Jesuites Seminary Priests and other such-like Priests and also against all manner of Recusants Now by those words Jesuites Seminary Priests and other such-like Priests are to be understood all the several Orders of Ecclesiastical Persons belonging to and owning of the Authority of Rome as doth appear by some words in the first Paragraph of the said Statute viz. Ecclesiastical Persons whatsoever made ordained or professed or to be made ordained or professed by any Authority or Jurisdiction derived challenged or pretended from the See of Rome And by these words all manner of Recusants are to be understood all manner and sorts of Persons Respecting their Degrees Considered of the Layity belonging to the Church of Rome For in as much as Recusants are joyned with Popish Priests it must be understood of Popish Recusants And this is further Evident by and from the Statute of Anno Tertio Jacobi Regis Chap 4. The Title of which Act is thus An Act for the better discovering and Repressing of Popish Recusants 1. Now from the Title of this Statute Consider that Popish Recusants are the only Persons mentioned and therefore the Statute it self ought so to be understood as being provided for the better Discovery and Repressing of them and no others Except that any particular Passage in the said Statute doth mention any others as distinguished from Popish Recusants 2. And therefore let the Statute it self be Considered in all the Paragraphs whether any others of the Kings Subjects not being Papists are at all concerned in the Penalties of the said Statutes viz 23 Eliz. and 29 Eliz. which are particularly mentioned in this Statute provided to punish Persons for not coming to Common-Prayer or the Sacrament Take a brief Account of the said Statute Respecting not coming to Church and Sacrament 1. In the first Paragraph of the said Statute the Authority of the Realm took notice that divers Persons Popishly Affected did sometimes Repare to Church to escape the Penalty of the Laws in that behalf provided who notwithstanding did adhere in their Hearts to the Popish Religion and so by the Infection drawn from thence were ready to Entertain and Execute any Treasonable Conspiracies as did Evidently appear by that more then barbarous and horrible Attempt to have blown up with Gunpowder the King Queen Prince Lords and Commons Assembled in Parliament 2. In paragraph the Second and Third It is Enacted for the better discovery of such Evil Persons viz. Every Popish Recusant Convicted or that should be Convicted and that should afterward Conform to come to Church and Common Prayer should also take and Receive the Sacrament once in every year following and if they did not then they should forfeit for the first year Twenty Pounds and for the second year Forty Pounds And for every year after Threescore Pounds 3. In the Fourth Paragraph it is Enacted That the Church-Wardens and Constables of their Respective Towns or Parishes and Chief Constables of the Hundred shall present the Monthly Absence from Church of all manner of POPISH RECUSANTS within such Towns and Parishes Mark those plain words of the said Statute it is not said they shall Present Protestants but Popish Recusants 4. In Paragraph the fifth it is Enacted That such Church Wardens Constables and High-Constables for every Default in not Presenting such Recusants shall forfeit Twenty Shillings and if they do make such Presentments they shall be Recorded by the Clerk of the Sessions without any Fee on Forty Shillings Forfeit 5. In Paragraph the sixth it is Enacted That every Church-Warden Constable and High-Constable as shall make such Presentment so as the Party shall be Indicted and Convicted shall have for Reward Forty Shillings to be Levied out of the Recusants Goods 6. In Paragraph 10. A Repetition is made of that part of the Statute of the Twenty Third of Elizabeth concerning the Forfeiture of Twenty Pound a Month for not comeing to Church 7. In Paragraph 11. There is a Recitation of that part of the Statute of the 29th of Elizabeth concerning the Queens having power by the said Statute to seiz upon all the Goods and two parts of the Lands and Tenements Leases and Farms of such Offender upon Default of the Non Payment of the aforesaid Twenty Pounds a Month and let the Offender injoy the third part of his Lands and Tenements Leases and Farms for the maintenance of his Family And then this Statute viz. The Third of King James doth further provided That the King shall have power to Refuse the Twenty Pound a Month though the Offender be ready to pay it according to the Statute of 29th of Elizabeth and if he please may Take Seiz and injoy the two parts of the Offenders Estate and the reason for so doing was because the Popish Party who were men of great Estates could bear the payment of Twenty Pounds a Month and so Retain the Residue of their Livings and inheritance in their own hands which as the said Statute saith was for the most part imployed to the Maintenance of Superstition and Popish Religion and to the Relief of Jesuits Seminary Priests and other dangerons persons to the State Now from these things soberly considered in comparing one Statute with another it seemeth evident that the aforesaid Statutes were designed and intended for the Papists they being so often mentioned in plain words viz. Jesuits Seminary Priests and other Priests and Deacons belonging to the See of Rome and all manner of Popish Recusants and no mention of any other persons distinguished from the Papists And therefore it seemeth hard measure that such as are known and sufficiently owned to be Protestants by the several Neighbourhoods where they dwell throughout this Kingdom should be Prosecuted by such Laws in which they are not at all mentioned especially seeing there are other Laws by which they are sufficiently distressed III. Another Law by which the Protestant Dissenters have been and still are Lyable to be Prosecuted is the Statute of Anno Tricessimo quinto Reginae Elizabethae Chap. 1. In which Statute these things are Enacted and Provided 1. That if any Person or Persons above the Age of Sixteen years shall obstinately Refuse to Repair to some Church Chappel or usual place of Common-Prayer by the Space of a Month to hear Divine Service Established by her
Majesties Laws or shall by Printing Writing or Express Words or Speeches Advisedly or purposely Practice or go about to move any of her Majesties Subjects or any others to deny withstand or impugn her Majesties Power and Authority in Cases Ecclesiastical or shall Advisedly and Maliciously move or perswade any other Person to forbear to come to Church to hear Divine Service or the Communion according to her Majesties Laws or to come to or be present at any Vnlawful Assemblies Conventicles or Meetings under Colour or Pretence of any Exercise of Religion contrary to her Majesties said Laws and Statutes or shall willingly join in or be present at any such Assemblies Conventicles or Meetings that then every such Offender being Lawfully Convicted shall be Committed to Prison there to Remain without Bail or Mainprize until they shall Conform and Yield themselves to come to some Church or Chappel or usual place of Common-Prayer and hear Divine Service See Paragraph 1. 2. It is Provided in the same Statute That if such Offender so Convict as aforesaid shall not Conform in coming to Church to hear Divine Service and to make such open Confession as is after appointed by this Statute being Required thereunto within the Space of three Months after Conviction by the Bishop of the Diocess or any Justice of Peace of the County where the Person shall happen to be or by the Minister or Curate of the Parish That then every such Offender upon his being warned and Required by any Justice of Peace of the same County shall upon his Corporal Oath abjure this Realm and all other her Majesties Dominions and Countreys and shall not Return without Licence from her Majesty See Paragraph 2. 3. It is Provided That if such Offender shall Refuse to make such Abjuration as aforesaid or after Objuration made shall not depart out of this Realm according to this present Act or after such his Departure shall Return again without her Majesties Licence that then in every such Case the Person offending shall be Adjudged a Fellon and shall suffer as in the Case of Fellony without the Benefit of Clergy See Paragraph 3. 4. It is further Enacted That if such Offender before he or they be so warned or Required to make Abjuration shall Repair to some Parish-church on some Sunday or Festival Day and there hear Divine Service and make Publick and open Submission and Declaration of his and their Conformity that then the same Offender shall be clearly discharged of all the Penalties and Punishments Inflicted or Imposed by this Act. The Form of Submission is as followeth See Paragraph 4. 5. I A B. Do humbly Confess and Acknowledge That I have grievously Offended God in Contemning her Majesties Godly and Lawful Government and Authority by absenting my self from Church and from hearing Divine Service contrary to the Godly Laws and Statutes of this Realm and in using and frequenting Disordered and Vnlawful Conventicles and Assemblies under Pretence and Colour of Exercise of Religion And I am heartily sorry for the same and do Acknowledge and testify in my Conscience That no other Person hath or ought to have Power over her Majesty and I do promise and protest without any dissimulation or any Colour or means of any Dispensation that from henceforth I will from time to time obey and perform her Majesties Laws and Statutes in Reparing to the Church to hear Divine Service and do my utmost indeavour to maintain and defend the same See Paragraph 5. 6. It is also Provided by this Act. That no Popish Recusant or Feme-Covert shall be Compelled or bound to Abjure by Vertue of this Act See Paragraph 12. 7. It is further Provided by this Statute That every Person that shall Abjure or Refuse to Abjure being Required thereunto as aforesaid shall forfeit and lose to her Majesty all his Goods and Chattles for ever and shall further lose all his Lands Tenements and Hereditaments for and during the Life only of such Offender no longer and that the Wife of such Offender shall not lose her Dower and that the Heir of such Offender after the Death of such Offender shall have and injoy the Lands Tenements and Hereditaments of such Offender From this Statute let these things be Considered 1. That it is Evident this Statute was made for the punishing of sueh as were not at all accounted Papists or Popish Recusants and this will appear in these following Reasons First Because the design of the Statute was for the preventing and avoiding of great Inconveniencies and Perils as might happen and grow by the wicked and dangerous Practices of Seditious Sectaries and disloyal Persons Now this word Seditious Sectaries doth distinguish some Persons from those that by the Law of this Realm are called Papists or Popish Recusants Secondly Because Popish Recusants are exempted from Abjuring of the Realm by vertue of the aforesaid Statute which is a plain Demonstration that the Severity of this same Law was made and intended for such as were not Papists or Popish Recusants and therefore good Reason to conclude that those other Statutes in which mention is made of the Popish Party were made only against them and not against such as are in this Statute called Sectaries who are not Papists 2. Consider how those persons are described for whom the punishments of this Statute are Provided viz. Seditious Sectaries and Disloyal Persons See Paragraph 1. And for as much as this Law hath been put in Execution against the Protestant Dissenters it is meet to inquire whether they are in very deed such persons viz. Seditious Sectaries and Disloyal Persons It is one thing for persons to be called and reputed such and another thing to be such indeed and in truth The city of Jerusalem was called and counted a City of Rebellion and Sedition See Ezra 4.19 The Blessed Apostle Paul was Accused of Sedition and being a Ring-leader therein see Acts 24.5 For we have found this man a Pestilent Fellow and a Mover of Sedition among all the Jews throughout the world and a Ring-leader of the Sect of the Nazareens thus it is evident from the Holy Scripture that the best of persons have gone under the worst names being deemed such as indeed they are not our Lord and Saviour Jesus Christ was called a Devil yea Belzebub the Prince of the Devils and he was Prosecuted unto death as being a Blasphemer and therefore it must not be wondred at if those that are now most pure in the Profession and Practire of the Christian Religion be called Seditious Sectaries and Disloyal Persons though indeed and in truth they are not such as may be truly said of the Protestant Dissenters 1. They are not Seditious Persons because they make the Word of God the Rule of their Faith and Practice promoting the Christian Religion in every part of it as it is in opposition to Popery according to the best of their light and knowledg in the Holy Scriptures endeavouring to
live a Holy Life and Conversation suitable to such a Holy Profession and therefore ought to be deemed good Protestants though in some things they differ from the Church-Protestants especially considering that those things in the Protestant Religion wherein both Parties do agree are greater than those things wherein they do differ and yet those things wherein they differ are such as each Party cannot Conform to without wronging of their Consciences and doubtless the Church-Protestants would think it hard measure if they should be forced to Conform to the Dissenters even as the Dissenters think it hard measure to be forced to Conform to the Church-Protestants And therefore each Party should labour to walk by that Golden Rule that Christ hath given in Mat. 7.12 Whatsoever ye would that men should do unto you do you even to them for this is the Law and the Prophets 2. The Protestant Dissenters cannot fairly be deemed Disloyal Persons forasmuch as they do acknowledg the King to be Supream Governour of this Realm and all other His Majesties Dominions and Countries in opposition to the Pope and all Forreign Jurisdiction and are ready with their Purse and Persons to maintain the Kings Person and Crown against all Murdering Conspiracies among any sort of persons whatsoever And though it may be objected that some under the name of Protestant-Dissenters have been charged with and have been found guilty of the aforesaid Wickedness God forbid that this should be charged upon the whole Party for as much as it is well known that the generality of the Protestant Dissenters do abhor such Principles and Practices and do as heartily desire that the King may injoy his Crown and Kingdom free from all violence as they desire to injoy their own Habitarions and other their Lawful Concernments What though some Gentlemen some Knights some Peers of the Realm be charged and found guilty of Disloyalty yet it would be very unrighteous to charge or deem all of such Degrees or Titles to be so guilty of the like Disloyalty However Non-Conformity barely of it self cannot be fairly accounted Disloyalty they that will say so may well be counted such as condemn the Generation of the Righteous in all Ages even the Apostles and Disciples of our Lord Jesus they were the Non-Conformists of that day and yet they were Loyal Subjects under all those Governments where the Providence of God did cast them and the Apostle Paul tho' he did Preach up Subjection to Authority yet he did maintain his Non-Conformity in matters of Religion and the Christians in queen Maries days did maintain their Non-Conformity in not submitting to the Religion as it was Established by Law and yet they were Loyal Subjects and so it may be truly said of the French Protestants their Non-Conformity doth not destroy their Loyalty Thus it is evident that Nonconformity is consistent with true Loyalty Yet it may be further Demonstrated that Non-Conformity may be attended with the greatest Loyalty when Conformity may be attended with the greatest Disloyalty as doth appear in that famous instance of Mordeâ—ai who was a Notorious Non-Conformist in not submitting to the Established Worship of that Kingdom and yet such was his Loyalty that he discovered the Treason of two of the Kings Chamberlains who may well be concluded to be the Conformists in Religious matters and yet designed to deprive the King of his Life but Mordecai the Non-Conformist did save the Kings life though he went some considerable time Unrewarded for that his Loyal Service 3. Consider that the Punishment of this Statute is too great for the Offences viz. of not coming to Church to hear Common-Prayer of frequenting Conventicles if by Conventicles are meant only such Meetings where there is the Exercise of Religion as it is now among the Protestant Dissenters the Punishments provided by this Act being of several sorts 1. Imprisonment 2. Abjuration 3. Death if Abjuration be Refused 4. Loss of all Goods for ever 5. Loss of all Lands Tenements and Hereditaments during the Life of the Offender and all this for not coming to hear Common-prayer and frequenting of such Religious Meetings as are called Conventicles Now it seemeth very strange that so severe a Law should be made by a Protestant Queen and by a Protestant Parliament against any Persons that could not in Conscience Submit to that form of Religion Established by Law who notwithstanding were Protestants and did own approve and promote the Protestant Religion in the main and Substantial parts of it Especially considering how the said queen and those Assembled in the aforesaid Parliament did groan under the Government of Queen Mary because their Consciences were imposed upon by Reason of the Popish Religion which then was Established by Law and then the Poor Protestants were deemed no better then Sectaries Schismaticks and Hereticks and their Religious Meetings where-ever they could get together were accounted Seditious Conventicles and Rebellious Meetings and they were Prosecuted both by the Ecclesiastical and the Temporal Power even unto Death 4. Consider that though queen Elizabeth did give the Royal Assent unto this Act of Parliament she was greatly troubled when Mr. Henry Barrow Mr. John Greenwood and Mr. John Penry were put to Death for their Non-Conformity she being informed by some of whom she demanded an Account of their Death they being at that time present That they were very Eminent Christians and that if they had lived they might have been as worthy Instruments for the Church of God as hath been raised in this Age at which her Majesty sighed 5. Consider that though this Act hath been continued from time to time yet there hath been a cessation of the Executing of it from the latter end of Queen Elizabeths Reign to the Reign of this present Majesty 6. Consider that though some Justices of the Peace have attempted to put this Act in Execution since his Majesties Restauration whereby a considerable Number of Protestant-Dissenters were Convicted at Aylesbury and all their Goods in their shops and houses were seized and they were in great danger of being quickly hanged but thanks be to God his Majesty had Compassion Judging it too hard dealings for his Protestant Subjects and so he not only saved their Lives but Restored them all their Goods which Gracious Proceedings of the King was agreeable to his Royal Promise in his Royal Declaration from Breda in these words We do Declare a Liberty to tender Consciences and that no man shall be disquieted or called in Question for differences in opinion in matters of Religion which do not disturb the Peace of the Kingdom and that We shall be ready to consent to such an Act of Parliament as upon Mature Deliberation shall be offered to Vs for the full granting such Indulgence 7. Consider that the Lords and Commons Assembled in Parliament even of late years did take into their wise and serious Consideration this very Statute and by joynt agreement had prepared a Bill for the