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A57818 The case of Protestant dissenters of late prosecuted, on old statutes made against papists and popish recusants; the two thirds of whose estates are seized into the Kings hands, and the profits thereof levyed yearly. And many other [sic] prosecuted for 20 l. a month, to the ruine of many families. Rudyard, Thomas, d. 1692. 1680 (1680) Wing R2178; ESTC R218481 4,914 8

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that Protestants were intended to be secured but never intended to be prosecuted by it as they are of late days And I may repeat the preamble of the Statute which will sufficintly Evidence the Intent and Design thereof Which runs thus viz. FOrasmuch as it is found by daily Experience that many his Majesties Subjects that adhere in their Hearts to the Popish Religion by the infection drawn from thence and by the Wicked and Devilish Councel of Jesuites Seminaries and other like Persons dangerous to the Church and State are so far perverted in point of their Loyalty and due Allegiance unto the King's Majestie and the Crown of England as they are ready to entertain and execute any treasonable Conspiracies and Practices as evidently appeareth by that more than Barbarous and Horrible attempt to have blown up with Gun-Powder the King Queen Prince Lords and Commons in the Parliament Assembled tending to the utter Subversion of the whole State lately taken by the instigation of Jesuites and Seminaries and in advancement of their Religion by their Scholars taught and instructed by them to that purpose Which attempt by the only Goodness of Almighty God was discovered and defeated And where divers Persons Popishly-affected do nevertheless the better to cover and hide their false Hearts and with more safety to attend the Opportunity to execute their mischievous Designs repair sometimes to Church to escape the punishment of the Laws in that behalf provided For the better discovery therefore of such Persons and their Evil-affections to the King's Majesty and the State of this His Realm to the end that being known their Evil-purposes may be the better prevented Be it Enacted by c. That every Popish-Recusant convict or hereafter to be convicted c. In which there is no mention made of other than Popish-Recusants not one Word of Protestant Dissenters or Recusants or other Dissenters or Recusants then Popish only Besides enquire into the Statute It provides that Popish Recusants conformed or afterward to conform should once a Month take the Sacrament of the Lord's Supper in their Parish-Church as in § 2d Inflicts the Penalties of 20 l. 1st year 40 l. the 2d and 60 l. the 3d. year for such Popish Recusanss not receiving the Sacrament as in § 3d. It Enacts that the Church-Wardens and Constables of every Town c for the time being or if none the chief Constable of the Hundred c. shall present the Names of all Popish Recusants and the Children of the said Recusants of 16 years old as in § 4th 4ly This Statute of the 3d. of K James recites the afore-said Statute of 23. Eliz. by which the said Recusants viz Popish forfeit the 20 l. per Mensem as in § 10. 5ly And also recites the afore-said Statute of 28 Eliz. directing how the Q. should recover the 20 l. per mensem by seizure of two 3ds of the real Estate of such convicted Recusants After which recital it is therein alledg'd that the 20 l. per mensem is a Burthen to the poor and ease to the rich who keep large Estates in their own hands which as says the Statute they do for the most part imploy as Experience hath taught In the maintainance of Superstition and Popish Religion and to the relief of Jesuites Seminaries Priests and other dangerous Persons to the State And So it 's clearly aparent by the delineation and explanation of Offender and Offences throughout this Statute As 1st Offenders viz. Jesuites Seminaries and such like persons dangerous to Church and State Persons Popishly-affected adhering in their Hearts to the Popish Religion To cover and hide their false Hearts and the better and with more safety to attend their mischievous Designs repair sometimes to Church c. Persons ready to execute any Treasonable Conspiracies and Practices 2ly Their Offences or Designs viz. That horrible Attempt to blow up with Gun-Powder the King Queen Prince Lords and Commons in Parliament And this to advance their Religion and to Subvert Church and State And so throughout the whole Statute the Persons enjoyned to take the Sacrament to be presented by Constables and such like are Papists persons Popishly-affected adhering to the Popish Religion and Popish Recusants By all which we hope it clearly appears That those Statutes were intended against Popish Recusants only and not against Protestant Dissenters or Recusants in general nor any other than Popish and hope that the Prosecution of Protestant Dissenters as they have been of late is and now at present are an extending the sense of those Statutes beyond Right Reason and the intent of the Law-makers All which is submitted to the Judgment of the Parliament Assembled to Consider and Redress as they in Wisdom shall see meet And this following Declaration is humbly offered as a Test to distinguish between PROTESTANTS and PAPISTS I A. B. Do Solemnly and in good Conscience Profess Testify and Declare that I do not believe that the Church of Rome or Papal Church is the true Church out of which there is no Salvation or that the Pope or Bishop of Rome is Christ's Vicar or head of the true Catholick Church on Earth or that either he or the See of Rome hath any Authority Derived from Christ or his Apostles to be head of the true Catholick Church Or that the Pope or the See of Rome joyntly or severally hath any Jurisdiction or Supremacy over the said Catholick Church in general or my self in particular or that the Pope hath any Power to depose Princes or to absolve Subjects of their Allegiance on any account whatsoever or that it belongeth to the Pope or Authority of the Church or See of Rome to be sole Judge of Spiritual matters or of the sence of Holy Scriptures or that the Pope or his Clergy hath power to Pardon Sins past present or to come or to grant or give Indulgences for Sin of any kind soever or that their Doctrine of Purgatory or Prayer to or for the Dead is according to the Doctrine of the Holy Scriptures or the Virgin Mary or any other Saint or Angels ought to be Worshipped or prayed unto or are Mediators between God and Man there being no Mediator but Christ Jesus only Or that the Elements of Bread and Wine at or after the Priest hath pronounced his Words of Consecration are Transubstantiated or the whole or any part of the substance of the Bread or Wine is at all changed into the Flesh or Blood of Christ or that the Sacrifice of the Mass as it is now said to be used in the Church of Rome is other then Superstitious and Idolatrous And I do solemnly in the Presence of God Profess and Declare that I do make this Declaration and every part thereof in the plain and ordinary sence of the Word read unto me As they are commonly understood by English Protestants without any Evasion Equivocation or Mental Reservation whatsoever And without any Dispensation already granted me for this purpose by the Pope or any other Authority or Person whatsoever and without any hope of any such Dispensation from any Person or Authority whatsoever or without thinking that I am or can be acquitted before God or Man or Absolved of this Declaration or any part thereof Although the Pope or any other Person or Persons or Power whatsoever should dispence with or pretend to annul the same or declare that it was null and void from the beginning
THE CASE OF Protestant Dissenters OF LATE PROSECUTED On old Statutes made against PAPISTS and POPISH RECUSANTS The two thirds of whose Estates are Seized into the KINGS Hands and the Profits thereof Levyed Yearly And many other Prosecuted for 20 l. a Month to the Ruine of many Families LONDON Printed for Ben. Clark in George-Yard Lumbard-street 1680. THE CASE OF Protestant Dissenters c. IT 'S not unknown That amongst other Sufferings of Protestant Dissenters this late Prosecution on old Statutes made and designed against Papists and Popish Recusants hath not been the Least and that which makes it appear the more strange is That from the making of the said Statutes in the time of Q. Eliz. until within the space of 4 or 5 Years last past The like Prosecution of Protestant Dissenters hath not been known Besides which the very Statutes themselves upon which Protestant Dissenters are thus Prosecuted appear to be designed against Popery and Popish Recusants only however now extended and the severity thereof executed chiefly on Protestant Dissenters And that the said Statutes when made were designed against Papists and not against Protestants will appear by examination of the Preambles and Purport of the same And observe The Statutes upon which Protestant Dissenters are thus of late Prosecuted convicted for 20 l a Month and two thirds of their Estates seized into the King's Hands are three viz. the 23d and 28th of Eliz. and the 3d. of K. James 1st As to the first of these viz. that of the 23d of Eliz. It is intituled An Act to retain the Queens Majesties Subjects in their due Obedience And what subjects those were who in those days were disobedient and stood in need of this Act History and Tradition can well inform but besides that the Preamble of the Act will plainly evidence Which runs thus Where sithence the Statute made in the 13th Year of the Reign of the Queen our Sovereign Lady Intituled An Act against the bringing in and putting in execution of Bulls Writings and Instruments and other superstitious Things from the See of Rome divers evil-affected Persons have practised contrary to the meaning of the said Statutes by other means then by Bulls and Instruments Written or Printed to withdraw divers the Queens Majesties Subjects from their natural Obedience to obey the said usurped Authority of Rome and in respect of the same to perswade great numbers to withdraw their due Obedience from Her Majesties Laws c. For reformation whereof and to declare the true meaning of the said Law Be it Declared and Enacted by the Authority of this present Parliament That all Persons c. In this Preamble we may clearly understand a double or two-fold end for which this Statute was made and provided viz. for Reformation and Information 1st For Reformation viz. of such who withdrew the Queens Subjects from their natural Obedience to the usurp'd Authority of Rome as the preceding Words are 2dly For Information in these Words viz. To declare the true meaning of the said Law viz. the Law of the 13th of the Queen which the said Statute recites which said Law was provided against bringing in and putting in execution of Bulls Writings Instruments and other superstitious Things from the See of Rome And if we read the said Statute it gives an account That those Bulls were brought from Rome to absolve and reconcile such who forsook their Obedience to the Queen to yield and subject themselves to the Popes usurp'd Authority So the Design of the said Statute was to prohibit such Bulls on pain of High-Treason and to prohibit the bringing into the Realm Tokens or Things called Agnus Dei Crosses Pictures Beads and such like vain and superstitious Things which being consecrated by the Pope c. divers Immunities and Exemptions were said to be granted As that Statute words it So that this Statute of the 23d of Eliz. appears to be a Supplementary Act and Explanatory of the 13 of the said Queen against the bringing in of Bulls Agnus Dei Crosses c. and therein also provides against Withdrawing any the Queens Subjects to the Romish Religion which that Age conceived so dangerous So that they first make it Treason to withdraw any from the Quéens Obedience or Religion then established to the Romish Religion or to obey the Authority of the See of Rome or other Prince They 2dly make it Treason to be reconciled or drawn to the Romish Religion They 3ly make it Misprision of Treason to be Aiders Maintainers or Concealers of such as perswaded others to withdraw themselves They 4ly provide the Penalty of 200 Marks and a Years Imprisonment for such as shall Say or Sing Mass and then Enact generally 5ly That all Persons above the age of 16 Years which shall not repair to Church once a Month shall forfeit for every Month 20 l. Upon which is the present Prosecution against Protestants Now it 's very evident by the Statute of the 13th of the Queen and by this of the 23d f the Quéen That 1st The ffences provided against by these Statutes were the bringing in of Bulls Agnus Dei's Crosses Pictures Beads and such like vain and superstitious Things 2ly The Persons offending were the Importers or Spreaders thereof Persons perswading or withdrawing others or themselves to the Romish Religion or See of Rome and Sayers and Singers of Mass And to be Aiders or Maintainers of such So we conceive the Execution thereof was never intended and hope by such Provision as the Parliament in Wisdom shall see meet will not be extended to Protestant Dissenters as of late years it hath been contrary to all former Usage and Practice And that these Words All Persons shall be such only whom the Statute in express Words and Terms complains of as only dangerous and by such Pains and Penalties thereby intended to be reform'd The 2d Statute on which such Prosecutions against Protestants are grounded is that of the 28th of the Queen the Title bespeaks it what it is viz. An Act for the spéedy Execution of certain Franches made in the 23d Year of the Queen which is the Act to retain the Quéens Majesties Subjects in their due Obedience The same which is before repeated And provides against fraudulent Conveyances which might be made to defraud the Q. of her 20 l. per Mensem And orders the Conviction to be return'd into the Exchequer and process to be made out thence to collect it or for Non-payment two 3ds of their rea●l Estate to be seized into the Quéens Hands c. So that until the 3d. of King James a time memorable to all Protestants for the great Deliverance from the Gun-Powder-Plot the former Laws continued without alteration or supplement And in the 3d. of that King's Reign was made a Statute Intituled An Act for the better discovering and repressing Popish Recusants Which is the third Statute on which are prosecuted Protestant Dissenters by the whole series of which Statute it will appear