ready way to make the Kingdom swim in Blood by reason of these Distractions that would attend such a bloody action Besides the greatness of the Sin in the sight of that God who will make inquisition for Blood And therefore though persons of contrary minds to the Government in matters of Religion may be greatly oppressed because of Laws made against them yet it is their duty to walk by these Following Rules 1. To be subject to the Higher Powers Rom. 13.1 2. To Render to all their Dues viz. Tribute Custom Fear and Honour Rom 13.7 3. To be patient in Tribulation Rom. 12.12 4. To Recompence to no man Evil for Evil Rom. 12.17 5. To Pray for them that Persecute them and despitefully use them Mat. 5.44 6. If it be possible as much as in them lieth to live peaceably with all men Rom. 12.11 7. Not to be overcome of Evil but to overcome Evil with Good Rom. 12.21 JAMES JONES A Table of the Principal Things contained in this Book 1. OF Government in General Page 1. 2. OF the Government of England in particular Page 2. 3. An Answer to those that object against the Protestant Dissenters because Venners Insurrection Page 3. 4. A Discourse upon the Statute of 1 Eliz. 2. concerning the Penalty of Twelve-pence for not coming to some Church or Chappel to hear Common-Prayer every Sunday and Holy-day P. 4 5. 5. A Discourse upon the Statute of 23. Eliz. concerning the Penalty of Twenty Pounds a Month for not Repairing to some Church or Chappel or usual Place of Common-Prayer p. 6. 6. A Discourse upon the Statute of 29. Eliz. and the third of King James concerning the same Offence page 7 8. 7. A Discourse of the Statute of the 35th of Queen Elizabeth commonly called the Abjuration Act. page 9 10 11. 8. A Discourse upon the Oath of Allegiance page 12 13. 9. The Oath of Allegiance it self and King James his Exposition of it page 14 15. 10. The Oath of Supremacy and Queen Elizabeths Exposition of it and the Act of Parliament Confirming the said Queens Exposition page 15 16. 11. The Statute of 17. Car. 2. chap. 2. considered Intituled An Act for Restraining Nonconformists from Inhabiting Corporations commonly called the Five-Mile Act page 16 17 12. Considerations upon the Statute of 22. Car. 2. chap. 1. Intituled An Act to suppress Seditious Conventicles c. Page 17 18 19. 13. An Acoount of the Proceedings of the Ecclesiastical Courts for not coming to Church and Receiving the Sacrament Page 19. 20. 14. The several ways of obtaining Absolution from the Sentence of Excommunication Ibid. 15. Reasons why Protestant Dissenters cannot Conform Ibid. 16. The Conclusion Ibid. NONCONFORMITY Not Inconsistent WITH LOYALTY OR Protestant-Dissenters no Seditious or Disloyal Sectaries Evidenc'd in A Sober Discourse upon all those Statutes by which the Protestant-Dissenters are Prosecuted at this Day I. GOvernment in Nations and Kingdoms is the Glory of this World for thereby things of all sorts and Persons of all Degrees are Regularly managed and disposed of and though some Governments are far better then others yet that Government that is not so good as it ought to be is far better then no Government at all for without Government there is nothing but dreadful Confusion each party striving to have his own Lust a Law for others Therefore it is far better for Common Good to be under a Government by setled Laws though in some things bad then to be under the Will and Pleasure of any particular Person or any Number of Persons whose Proceedings may be according to that Power and Might in a way of force as they are able to Exercise over each other and so as there may be an Uncertainty of Commanding there must needs be an Uncertainty of Obeying and so an Uncertainty of any Safety II. The Government of Nations doth very much differ from each other in the particular forms thereof some being governed by Kings and some by States and some by other Governours but tho there is a Difference in forms of Government and in the Titles of Governours yet they all agree in the Substantials of Government viz. To maintain a Publick Peace amongst themselves and to be so United unto each other as to defend themselves against Forreign Foes and to punish such as are Offenders in offering any kind of Violence to the Persons or Power of their Governours or to the Persons Priviledges and Properties of each other And in these and such like things those that differ in matters of Religion from what may be the Established Worship of the Countrey where they are Inhabitants yet they ought to behave themselves in all peaceable manner with Subjection to those that are in Authority For the People of God in the Primitive Times though in Religious matters they differ'd from those Countreys where they were Inhabitants yet they were taught by the Doctrine of the Apostles to maintain the Welfare and Grandure of the Government See Rom. 13.7 Render therefore to all their Dues Tribute to whom Tribute is due Custom to whom Custom Fear to whom Fear Honour to whom Honour And also to lead a quiet and peaceable Life in all Godliness and Honesty under Authority see 1 Tim. 2.2 III. And it may be truly said that England is most happy in its Government as it consisteth of King Lords and Commons by whom Laws are made for the whole Kingdom And the Law-makers are also under the Power of the Laws they make And this is most excellent that each Party of the Law-makers considered as King Lords and Commons cannot impose any thing as a Law upon the Subjects in General nor upon each other without a mutual Consent viz. The King cannot impose a Law upon the Peers The Peers cannot impose a Law upon the King The King and Peers cannot impose a Law upon the Commons The Commons cannot impose a Law upon the King and Peers but King Peers and Commons by a joint Consent do make Laws IV. And each Party who have matters one against another cannot Determine or Issue their Case according to their own Minds and Wills and at their own Pleasures but the Determination of all matters must be in a Legal Way being tryed before the Honourable Judges of the Realm who are Required by Law that they shall not deny nor delay Justice the whole Issue of matters in Controversy must be determined by a Jury of the Neighbourhood viz. Twelve men of Honesty and Wisdom that so the Kings Subjects may receive no Wrong by Knaves or Fools and in some great Criminal Cases the Prisoner or Accused Party is allowed by Law to except against a great Number of the Persons who are Summoned to be of his Jury without shewing any Reason but only because he doth not like them and may after that Number is Expired except against many others upon such Reasons as the Court can justly approve of So tender is the Law of mens Lives that good
Provision is made for the Right Administration of Justice that so the Innocent may be acquitted and none but the Guilty may be punished unless the King extend Mercy in Pardonable Cases in hope of the Offenders Amendment V. And this further must be considered that one part of the Law-makers are the House of Commons who are Chosen by the People and have power to prepare Bills for the Consent of the House of Lords and also to Accept or Reject Bills from the House of Lords before they are Presented to his Majesty for his Royal Assent and therefore if any Laws be made that are not for the peoples profit the Electors of such Members of Parliament must Reflect upon themselves for making such a Choice and look better to their Choice for the time to come VI. And sometimes His Majesties Leige People may Receive and Sustain Damages and Wrongs not because the Laws are bad but because it is badly managed by such as do not well understand the Laws or else because they may have some Antipathy in their minds against those that are Prosecuted and so that they may Accomplish their own wills against some particular persons do sometimes venture to swerve from the true meaning of the Law VII And for the good of the King and Kingdom the Wisdom of the Nation Assembled in Parliament doth sometimes upon mature consideration prepare Bills for Acts of Parliament in which some former Laws are Confirmed and Explained and some Laws are Repealed and some New Laws are made VIII Now therefore that Justice may be Rightly Administred unto all the Kings Subjects it doth highly concern all Mayors of Cities and of other Corporations as also all Justices of the Peace in the several Counties of this Realm together with all other-Peace-Officers concerned in the Executing of the Laws To make sure of a Right Understanding of their several Offices according to Law that as they may not come short so they may not go beyond that power the Law hath committed unto them and so become needless Prosecuters and Troublers of the Kings Subjects to their shurt and dammage though after great Charge and Expence such may be Releived by the Kings Honourable Judges and it may be those that were their Troublers may pay for it afterwards to their Cost and shame when Justice shineth in the Kings Courts of Justice being displayed impartially between the King and his Subjects and also between Subject and Subject IX In the Right Administration of Justice it doth highly concern the Executors of the Laws to consider the Nature of the Offences punishable by the Law whether they be great or small whether they be such as are any way a hurt to the person of the King or to the Publick Peace of the Kingdom or whether they be such things as tho' the Law doth count Offences yet in themselves are not maters at all Criminal viz. matters of Conscience by reason of mens Differing Opinions in matters of Religion which in themselves are no way hurtful to any mans Person Name or Estate X. It is also to be soberly considered what kind of persons the Deemed and Reputed Offenders are whether they do at all own and adhere to any Forreign Jurisdiction or whether they do own and approve of the Kings Majesty as the Supream Governour of this Realm and all other his Dominions and Countries in opposition to the Pope and all foreign Jurisdiction who though they may in some things of Religion differ from some matters of Worship as Established by Law are yet known to be such as fear God and Honour the King and profess practice and promote the Protestant Religion and are ready to assist and maintain the Government in the Peace and Tranquility of it both with Person and Purse as hath been demonstrated by the Protestant Dissenters in general and that in a time and times of great Distress when they have been severely Prosecuted in City and Country to the very great dammage of many good Families who desire to live and dye his Majesties Peaceable Subject But it may be some will object and say That the Dissenters have been Troublers and Disturbers of the Government and so call to Remembrance the Insurrection that was made by Venner and his Party in the City of London Unto which a satisfactory answer may be returned and therefore pray let these following things be considered in the behalf of the generality of the Protestant Dissenters 1. That the Insurrection of Venners Party was condemned by the Dissenters throughout the Kingdom as an Act of great violence and wickedness 2. That Conspiracy was but by a few viz. 29. who were known to be men of fiery Spirits and swimming Brains and would fain have been at the same work in the time of Oliver Cromwell if he had not very timely prevented it 3. Though they were Dissenters yet it is well known that they were fierce-spirited men against all other Dissenters that were not of their desperate minds 4. The Law hath taken hold of them and their persons have been punished severely for that desperate practice and the Dissenters in general throughout this Realm were not concerned in that Business 5. It is not at all fair that any Party of men should be charged with and condemned for the foolish rash Proceedings of some that may be called by the same distinguishing name for suppose some Presbyterians some Independants some Anabaptists and some Quakers should Conspire against the Government it will not be fair dealing to deem that all of those names are all alike in such bad things For by this Rule all French-men Scotch-men Irish-men and other Countries must be deemed Enemies to the Government because some have been proved to be so yea according to the aforesaid Rule all sorts of Tradesmen Gentlemen Clergy-men Knights Lords Earls Dukes though good Members of the Church of England must be censured and feared to be Traytors because some of such degrees and qualities have been proved to be such Criminals but as this is far from Christianity so it is very far from good humanity it is enough that those and only those who are the Criminals be punished according to their Crimes and as for all others who are not concerned in such Crimes tho they be under the same Denomination Respecting Degrees in the World or in matters of Religion yet they ought to be esteemed and favoured as Loyal Subjects to the King although there may be some matters of Religion that the Law doth account Offences XI That Justice may be Rightly Administred and Oppression may be avoided the nature and weight of the punishments inflicted by Law ought to be well considered and compared with the Offences especially if there be several ways of punishment for one and the same Offence and if the Executors of the Law be left at liberty to take which way they please of the greater or smaller punishments For as much as it savoreth too much or Severity if not
NONCONFORMITY Not Inconsistent WITH LOYALTY OR Protestant-Dissenters NO SEDITIOUS OR DISLOYAL SECTARIES EVIDENC'D IN A SOBER DISCOURSE upon those STATUTES by which the Protestant-Dissenters are Prosecuted at this Day Humbly offered to the Candid Consideration of all Protestants whether Conformists or Nonconformists By JAMES JONES a Protestant-Dissenter and now a Prisoner in Wood-Street-Compter for Nonconformity Esther 3.8 9. And Haman said unto King Ahasuerus There is a Certain People Scattered abroad and Dispersed among the People in all the Provinces of thy Kingdom and their Laws are divers from all the People neither keep they the Kings Laws Therefore it is not for the Kings profit to suffer them If it please the King let it be written That they may be Destroyed Isa 42.22 But this is a People robbed and spoiled they are all of them snared in holes and they are hid in Prison-Houses They are for a Prey and none delivereth and for a Spoil and none saith Restore LONDON Printed for the Author and are to be Sold by William Bateman and most Booksellers 1684. To all Sincere Protestants whether they be Conformists or Nonconformists Fellow Protestants I Do humbly present to your sober consideration a Brief Discourse concerning several Statutes by which they Protestant Dissenters are Prosecuted to the very great dammage of multitudes of Families who are his Majesties Faithful Subjects and can Appeal to God and the King that they are persons of Loyalty notwithstanding their Nonconformity And as it is Recorded concerning Holy Daniel who was the great Nonconformist of that day Dan. 6.5 That he could not be fairly accused of any matters to make him a criminal except it were concerning the Law of his God Even so it may be truly said of the Nonconformists in England however they may be Reproached and be spattered as a Seditious and Rebellious People But it is well known that it is no new thing for such as fear God and are greatly favoured by God to be miscalled Jerusalem which was the City of the Great King viz. God the King of Kings Mat. 5.35 was called the Rebellious and Bad City Ezra 4.12 and in verse 19. A City of Insurrection Rebellion and Sedition And Jesus Christ was charged with Blasphemy Mat. 26.56 and called a Deceiver Mat. 27.63 And the Apostle Paul was called a Postilent Fellow a Mover of Sedition and a Ring-leader of the Sect of the Nazareens Acts 24.5 and his way of Worship was called Heresie verse 14. And no marvel if it be so in those our days But now it will be Replyed by some that the Protestant Dissenters are in a Conspiracy and Bloody Plot against the Kings Person and Government Vnto which let this answer be Considered That although some particular persons that have been counted Dissenters may be so wickedly concerned yet that is no proof that this is the Dissenters Plot no more then because some of the Church of England may be proved to have been in such a Conspiracy it can be called the Church of England's Plot which to affirm would be very wicked and abominable for it would render the Church-Protestants no better than Traytors However if either any of the Dissenters or of the Church-men should be so wicked as to be really guilty let them suffer the Justice of the Law that others may bear and fear and do no more so wickedly But God forbid that a whole Party of any sort of People should be charged with the wickedness of some of the same Party Simeon and Levi were guilty of a horrid and Bloody Fact in cutting off Hamor and Shechem which was the Prince of that Land and his Son and they also cut off the Inhabitants of that City where they Ruled because that Shechem the Son of Hamor had defiled Jacobs Daughter See the whole Story in Gen. 34. But it would be a very unrighteous thing to charge good old Jacob with this Bloody Crime because he it as their Father or to charge the rest of his Sons because they were Simeon and Levi's Brethren It is enough that they who be really guilty of any Crimes be charged with them and be Prosecuted so as to suffer justly for them And besides this it must be considered that such as have been innocent persons have been Accused of high Crimes and have suffered death as for instance Naboth was accused that he had Blasphemed God and the King and was stoned to death for it when indeed it was a Plot invented by Jezebel and managed by the Elders of the City where Naboth dwelt See 1 Kings 21. v. 9 10 11. And thus we find it concerning our Blessed Saviour he was Accused that he said he would destroy the Temple which was made with hands and within three days build another without hands Mark 14.58 Now Christ had spoke of Destroying and Raising of a Temple in three days see John 2. v. 19. Jesus answered and said unto them Destroy this Temple and in three days I will raise it up v. 21. But he spoke of the Temple of his Body Thus we have two famous Instances of false Accusations concerning words Naboth was Accused of words that he never spoke Christ was Accused of some words he had spoke but the Accusation was not just as the words were spoken for though he spoke of a Temple and destroying of it and raising of it he did not say the Temple that was made with hands neither did he say that he himself would destroy any Temple but he spoke to the Jews who he knew would destroy his Body and said to them Destroy this Temple and as for Raising of it up that he said should be his own work And I will Raise it up in three days But he was Prosecuted for saying he would destroy the Temple of Solomon and build it in three days when it was no such thing And in our English Chronicle it is stoired of a good House-keeper or in the Reign of King Edward the Fourth that told his Son who was a Child saying Thou art Heir to the Crown meaning his house which was the sign of the Crown in Cheap-side But the Honest Citizen was Accused of Treason and suffered Death as a Traytor See bakers Chron. However it must be confest that Trayterous Designs have been too many times managed against the Kings of several Kingdoms and against the King of England in particular and whosoever can be proved really guilty thereof ought to suffer according to their Crimes But as for my own part who do profess my self a Protestant Dissenter I do solemnly profess before Almighty God that I do with my Soul abhor all acts of violence to the meanest of the Kings Subjects and do deem it ten thousand times worse to offer any violence to the Person of the Kings Majesty 1. Because of the Greatness of his Person he being by the Providence of God the Head of the Nation 2. Because the shedding of his Blood and taking away of his Life is the
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
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
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
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
or no. 7. If the said Person do not obey the said Admonition then the Ecclesiastical Court does Decre him Excommunicated and so send an Excommunication to the Minister requiring him to publish the same upon such Sunday or Holy-day as they appoint 8. If the said person stand Excommunicated forty days then the Bishop of the Diocess doth Certify this matter in the High-Court of Chancery by a certain thing called a Significavit 9. Then the High-Court of Chancery in the Term-time doth award forth or grant a Writ called De Excommunicato Capiendo which is directed to the Sheriffs of the City or County where the Excommunicate Person is an Inhabitant that the said Person may be Apprehended and Committed to Prison and there to remain without Bail or Mainprize until he shall satisfy the Church-Party so as 〈◊〉 Absolution which may be obtained several wayes as it is allowed and practised by the Ecclesiastical 〈…〉 First by swearing the Ecclesiastical Oath which is to swear to obey all the Kings Ecclesiastical Laws 〈◊〉 the Lawful Commands of his Ordinary Secondly giving a Bond to Conform upon the Penalty of so much money as shall be agreed upon between the Excommunicated Person and the aforesaid Court which formerly used to be ten pounds but now of late years the Ecclesiastical Market is risen and twenty pounds Bond is required Thirdly such as are not willing to take the aforesaid Oath nor give the aforesaid Bond may be absolved and so allowed some time to Conform if they will pay a Pledge which usually is ten pounds present payment and he that will not comply with any of these ways must abide in Goal whatever becometh of his poor Family and besides all this the said person must pay the Charges of the Ecclesiastical Court which is sometimes ordinary and sometimes extraordinary the ordinary charges is about Forty Shillings And now that it may be demonstrated that the Protestant Dissenters are not obstinate but Consciencious in their Nonconformity to the Church of England let these Causes and Reasons of their Nonconformity be soberly considerd in the particulars following The Protestant Dissenters cannot Conform to the Church of England 1. Because they cannot find a National Church in the New Testament But the Churches they find there are Congregational Churches which consisted of such Persons as God by his Word and Spirit had converted from a State of Nature to a State of Grace Such were the Churches of Jerusalem Samaria Antioch Corinth and Ephesus c. who being persons separated from the people amongst whom they were Inhabitants did by a mutual Consent and Agreement one with another maintain a Holy Communion together in the Worship of God as it was sounded upon the Word of God And so they were the Nonconformists of that day and underwent great Sufferings for not Conforming to that Worship which was Established in the places where they inhabited 2. Because they cannot find any such Officers belonging to a Church of Christ in the New-Testament as Arch-bishops Lord Bishops Deans Arch-Deacons Prebends Commissaries Officials c. But they find such Offiers in the Church of Christ as are called Pastors Eldery a 〈◊〉 d Overseers and the word Bishop doth belong to the same persons under the former Title considered as â—eeders of and Rulers over the true Church of Christ and the Apostle Peter doth forbid the Bishops of Christs Church to be Lords over Gods Heritage 1 Pet. 5.3 3. The Protestant Dissenters cannot Conform to the Church of England in the Holy Sacrament called in Scripture the Lords Supper because that Holy Ordinance is not Administred unto the Communicants as Converted Persons but as those who by Tradition are brought up to Acknowledge and Confess Christ although in works too many deny him by living Prophane Lives being greatly guilty of Swearing Cursing and Drunkenness and divers other scandalous matters which is a Reproach to the Protestant Religion for although the Protestant Religion be the Reformed Religion yet thousands of those that profess it are not Reformed Persons and besides this too many of those who are Ministers of the said Church and so are Administrators of this Holy Ordinance are known to be very unholy in their Conversations notwithstanding all which the Protestant Dissenters have a great veneration and high esteem of many both of the Nobility Gentry Clergy and Common People of the Church of England who live sober lives and walk Conscienciously in Civil and Religious Matters Several other Reasons might be added but these shall suffice for the present Conclusion Now forasmuch as the Protestant Religion is Profess'd by his Majesties Subjects in general considered as Conformists and Nonconformists and both Parties are agreed in the main and substantial parts thereof and also both Parties are in a like danger of the Papists If ever the Government of this Realm should fall into their hands which God of his Infinite Mercy prevent for then the Church-Protestants as well as the Dissenting Protestants would be deemed Fanaticks Schismaticks Hereticks yea Rebelis and would be Prosecuted as such Therefore it highly concerns all sorts of Protestants to say to one another as Abraham to Lot Gen. 13.7 8. Let there be no strife between us for we are Brethren Especially considering the Popish Canaanite and Perizite are now too much in our Land Mat. 7.12 Therefore all things whatsoever ye would that men should do to you do ye even so to them for this is the Law and the Prophets FINIS