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A47052 Nonconformity not inconsistent with loyality, 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 ... Jones, James, fl. 1683-1684. 1684 (1684) Wing J958; ESTC R17214 32,964 24

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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
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