against them the said George Whitehead and Thomas Burr are Ordered to be DISCHARGED being commited by Order of the last Sessions to remain in Prison untill this Sessions Observe That although we must needs grant that after the Sense of the Prisoners case and suffering had impression upon the Mayor * i.e. H.C. whose Mayralty was out before the Prisoners were releas'd and Justices of the said City the greatest part of them appeared to be inclined and desirous that they should be discharged before Sessions if they could have understood how it might have been regularly done their Eye being to the Recorder's advice in the case but some of them did as good as promise they should be discharged at Sessions Howbeit in order to the more certain obtaining thereof the Christian Care and great Industry of some Friends both at London and Norwich on the said Prisoners behalf is not to be forgotten and particularly that of our dear Friend William Mead in his industrious Endeavours and hard Journey to Norwich to visit the said Prisoners and to Solicit for them and see their Discharge effected such Labours of Love and Christian Charity God is not unmindful of And blessed are the true Followers of Christ that continue in the true Christian Spirit and unfeigned Love one to another unto the end for herein is a true Sympathizing with and fellow-feeling of one another in all Afflictions and Sufferings for the Testimony of Jesus Christ and of a good Conscience towards God The Religions Assemblies of the People called Quakers Vindicated First From the Charge of their being in Disturbance of the publick Peace Secondly From the Charge of being Seditious Conventicles mentioned in the Act of 22 Car. 2. Thirdly From the Charge of being under Colour of Pretence of an Exercise of Religious Worship in other manner thâ—n is allowed by the Liturgy or Practice of the Church of England 1. TO the first Objection we may ask our Adversaries What matter of Record * 5 R. 2. c. 7. 15 R. 2. c. 2. they can justly make against us the said People of due Conviction either from any notorious evidence of Fact or Testimony of credible Persons or Confession of our own as the Law provides of any formidable Posture that we meet in as that of Vi et armis or any menacing Words or Threats made by us or of any Contrivance of Insurrection which in the Eye of Law and Reason might be deemed or constâ—ued to be in terrorem Populi or in disturbance of the publick Peace or of the nature of a Râ—ot If such should not the matter and Circumstances of the Fact be specified upon such Record as the Law enjoynâ— But we utterly deny that we ever meet in any such formidable Posture as is of the nature or tendance of what the Law deems in terrorem Populi We meet peaceably to wait upon and really to worship and serve the Almighty God as our bounden Duty according to his Grace Light and Understanding which he hath given unto us by his Spirit In the second Year of Henry the 5th Chap. 8. It is provided that if any Riot Assembly or Rout of People against the Law be made in any part of the Realm H. 5. c. 8. then the Justices of the Peace three or two of them at the least and the Sheriff or under-Sheriff of the County where such Riot Assembly or Rout shall be made hereafter should come with the Powers of the said County if need were to arrest them and them should arrest and the same Justices Sheriff or under-Sheriff to have Power to Record that which they have found so done in their Presence against the Law And that by Record of the same Justices Sheriff or under-Sheriff such Trespessors or Offenders should be convicted in manner and form as is contained in the Statute of Forcibly Entry c. 5 R. 2.7 1 R. 2.2 And in the same Statute it is provided That like Ordinances and Pains should hold place and take effect in Cities Burroughs and other Places and Towns Infranchized which have Justices of the Peace within them Now let our Adversaries and Persecutors Answer us Where could any of them ever justly make any such legal and due Conviction upon Record against us for any such Riotous Meeting or unlawful Assembly on our parts as hath been really in it self of such a Nature and Tendance aâ— aforesaid in Disturbance of the publick Peace We positively deny that our Assemblies are of any such Nature however mis-represented by our Adversaries II. Objection If it be alledged That our Meetings or Assemblies are contrary to Law and therefore in Disturbance of the publick Peace Query We Question what Law or Statute they are contrary unto Obj. If it be answered They are coutrary to an Act which is both Mandatory and Paenal made in the two and twentieth Year of King Charles the second Entituled An Act to prevent and suppress Seditious Conventicles We Answer 1 st That our Assemblies are no such as Seditious Conventicles i.e. for Sedition Strife or Rebellion against the Government 2dly 'T is a meer begging the Question to term our Assemblies Seditious no such thing has ever been proved against them as Sedition that is * Sedition explained a stirring up to Rebellion or Discord a Raising a Faction or Mutiny as Phillipps in his New World of Words explains it But our Assemblies are for no such Design or End nor could ever any overt Act of that kind or tendance be proved or justly chaâ—ged against us in relation to our Meetings or otherwise Therefore they are no Seditions Conventicles or Assemblies 3dly Our Assemblies are made up of no such Persons or People as have committed any such dangerous Practices against the Government as meâ—tioned in the Preamble of the said Act 22 Car. 2. though rude Informers and Disturbers have come Riotously and with Violence against us into our Meetings Neither are we any such seditious Sectaries or disloyal Persons who under pretence of tender Consciences have or may at their Meetings contrive Insurrections as also the Preamble of the said Act is specified We use no pretence of tender Conscience for any such wicked End or Design The All-seeing and Heart-searching God knows our Innocence and Clearness herein as also the Nation 's long Experience can witness for us And if Titles and Preambles of Laws be the Keys of Laws and do evince or shew the Nature and respective Intentions thereof then this said Act against Seditious Conventicles where under pretence of tender Consciences Insurrections have been or may be Contrived doth not extend to us We pretend nothing but what we really intend viz. The Spiritual Worship and real Service of Almighty God who searches our Hearts and whom we sincerely Reverence and Fear III. Obj. But if it be objected That the matter of Fact incurring the Fines and Penalties of the said Act against Conventicles is our Meeting under Colour or Pretence of an
have so much Charity Humanity and good Nature towards us as not to think so hardly of us for our Conscientious perswasion as if we justly demerited any such severe Penalty a the Judgment of a Praemunire to be put off the Kings protection c. next to the punishment of Traytors when we bear no ill will to the King we have notâ—ing but Love and good Will to the King and his People Surely that Severity cannot in Reason or Equity be adjudged secundum Qualitatem quantitatem delicts supposed in our case if due measures be taken according to Equity and the Law of God in the Conscience which as the Learned conclude admits not in all cases of taking all that the Words of the Law give for that were sometimes to do against the Law To follow the Words of the Law saith Doctor and Student were in some cases both against Justice and the Common-Wealth Wherefore â—n some cases it is necessary to leave the Words of the Law and to â—ollow that which Reason and Justice requires as it is asserted Dâ—ct and Stud. pag. 27. Every man ought to have a due recourse and regaâ—d unto thiâ— inward Law of Reason and Equity in his Actions for which all aâ—e accountable to him whose Eyes are upon all the wayes of the Sons of Men. If we be questioned why we did not procure a Writ of Habeas Corpus before or at first We Answer We were not willing nor advised to do that because we did not despair to have Justice done us among you here nor do we yet which we really reckon more Honourable for this City than to delay us under a wronful Imprisonment And now as praecipitatio morosa cunctatio i.e. Too much rashness casting men down Head-long and Froward delay are accounted two great Adversaries to the due Execution of Law and Justice and we really apprehend our selves injured by the first especially through Francis Bacon's precipitant procedure We desire that none in Authority in this City may be concerned in the last towards us to the prolonging us under this restraint so far remote from our Families and Concern to the injuring of their own Consciences as to their inward Peace and our further Oppression and Grievance Moreover being sensible of a divine Hand of Providence in permitting our suffering in this place as also that our Religious cause should lose nothing by our Imprisonment as we told Francis Bacon at first we have been the more Armed with Patience and clearness of Spirit in Love and Good Will towards the Magistrates of this City Also our tenderness and respect to them has been some stop to us hitherto from presenting our Grievance â—as a Formal case to the King ‖ ‖ Though we suppose he had heard by others of it and Council which we really intended by way of Complaint if the late Recorder had continued in place seeing him so much bent against us and if the Justices would have been swayed by him as that we could not have found Relief from them after Application made to them And then from so little Converse and Solicitation as I * * i.e. G.W. have been concerned in at Court I could easily presuppose how the Irregular and Arbitrary proceedings of Francis Bacoâ— and the others Omission apparently repugnant to the Interest of both King and People would have been resented and what Reflection it would have procured Which method we find advisable and warranted for any Subject that is â—uâ—tâ—r grieved in any thing that Remedy may not be delayed as 't is very plain in the Stature 4 Hen. 7. cap. 12. which Judge Cook insists upon as a necessary Caveat to all Justices of Peace See his Institutes 4 part fol. 170. The Party grieved being directed to make complaint to the Justice or Justices and to cesire Remedy and if he have no Remedy to shew his Complaint to the Justices of Assize if it be nigh the time of their coming but if it be too long before their coming then the Grieved to come to the King's Highness or his Chancellor to shew his Grief Whereupon the King shall send for the said Justice to know the cause why his said Subjects be not cased And if he find any of them in default in these Prâ—misses he shall do to him â—o offending to be put out of the Commission c. 'T is true we have intelligent Friends at London and that some of them understanding how hardly and wrongfully we have been dealt withal have used some Solicitation on our behalf to some Persons of Quality though we have not as yet given any direction for a formal Complaint to the King upon our case And what Interest hath already been sought or pâ—oâ—ured for us was never intended to interier with the Law or Invalidate the due course of it because they knew we had it hot nor to set up Prerogative above or in opposition to Law and Justice Though we must needs assent that the King hath a Prerogative in all things that are not injurious to the Subject and Fower to disable such subordinate Ministers as do injure any of his Subjects by the undue er Male. Admimstration of Law The Earl of Yarmouth to whose kindness we are much obliged hath been pleased to mediate on our behalf by Letters desiring that all the Favour the Law will allow us may be shewn us as having received sufficient Testimony concerning our Reputation as being no Papists in order to remove that suspition pretended to the contrary to render us Obnoxious And we hope he will be of so much Credit and Repute with you as neither to expose us to the Severity of the Law for our Conscientiously fearing to Swear nor yet to prolong us under restraint upon any such Infamous or Causeless suspicion of what we really are not prejudicially insinnuated * * 1 st By the Informers 2 dly By Francis Bacon by such Questions as the late Recorder put to us As First Are you not in Orders from Rome or have you not Orders from thence Will you take the Oath of Allegiance to distinguish your selves c. Secondly Do you not hold it lawful to Lye or to tell an officious Lye in some Cases Thirdly It might be you might make your Certificate your selves in Prison With such like perverse Insinuations before and at Sessions to render us Obnoxious and Odious and to cover his Erroneous and Arbitrary proceedings God preserve and direct you and us Norwich Goal the 3d of the 5th Moneth 1680. This Account is given you in real Love and Good Will which we can assure you we bear towards you as we are your Friends who truly wish you well G.W. T.B. Delivered to the Recorder by M. Defrance the 10th of the 5th Moneth His absence from the City caused the delay of the Letter so long For proof of matter of Fact in charge that it may plainly appear the said Francis Bacon when Recorder awarded two kinds of Punishments
each side with his Elboes and smote Rose Gogny such a hard blow on her Breast that her Breast was sore several dayes Also Charles Alden the Vintner at the Sign of the Chairing-Gross came calling out Here 's Sons of Whores Here 's five Hundred Sons and Daughters of Whores The Church Doors stand open but they will be Hang'd before they will come there And whilst a Friend was speaking the said Alden said Pull down that Puppy-dogg why suffer you him to stand there Prating Robert Robinson Rose Gogny It plainly then appeared that the said C. Alden and the rest of those Rude and Tumultuous Persons behaved themselves more like Atheists and Bruit Beasts than Persons of any Seriousness Regard to Religion or Christianity Nay let Humanity and Common Civility condemn their Deportment What Ornament such Sons of the Church can be to her let their Priests and all serious Persons judge though the said Alden be accounted a great Singer at the Cathedral i.e. one of their Singing-men how Immoral and Bruitish was his Behaviour How busie was he also with the Recorder against the Prisoners informing muttering and whispering against them greatly inconsistent with so much as the pretence of common Justice to suffer much more to countenance such work Surely the Righteous Judge of all will plead with all such Malicious Agents and such Injustice will not go Unrebuked Here follows a Copy of the Prisoners Letter delivered to the Mayor before the Quarter-Sessions containing a twofold Request c. To the Mayor Justices and Aldermen of the City of Norwich WE whose Names are hereunto subscribed being Prisoners in your City Goal for our Conscience towards God do heartily wish Health Happiness and Prosperity in the Way of Righteousness unto you all and desire of the All-seeing and Heart-searching God that you may be preserved from all Injustice Prejudication and Arbitrary Proceedings both in our Case which we understand is to come before you and in all other Cases proper to your Cognisance as Civil Magistrates wherein you are required to discharge a good Conscience both in the sight of God and Men as that which will greatly tend to your Peace with God and your Reputation among good Men. For as much as we have for some Weeks been detained Prisoners in your City Goal and you have had no hand therein saving that one Person by whom we were committed we are the more encouraged to make this brief Application to you upon a twofold Request on this wise 1st We Request your Moderation and Indifferency so far towards us as that when we are called before you as a Court of Judicature in your Quarter-Sessions to hear and determin Matters that come Judicially before you you will please to hear us with Patience and suffer us to open our Case and to Plead and Argue whether it be in point of Law Conscience Reason or Fact as our Case shall require First Hear before you Determin that we may not be over born nor run down nor any such Precipitation used towards us in Court to divert or prevent us from making our Defence in referance to the Prosecution and Charge we suffer under 2dly We further Request That if upon a deliberate hearing and due enquiry into those Proceedings which we suffer under we make it appear that we are Illegally and Unduely proceeded withal besides and contrary to due process and order of Law that then you will not countenance abet nor confirm such Proceedings against us but stand clear thereof and shew your Dissent for whoever be deputed Judge in your Court as the King's Minister and Mouth of the Court 't is no otherwise so legally intended than as he shall appear to be the Minister and Mouth of the Law and Justice or Lex Loquens and therefore cannot be reasonable or safe nor yet for your Reputation or the Honour of your Court to espouse or confirm any Prosecution or Proceedure that 's Injurious or contrary to due course of Law and so tending to the * * 37 Ed. 3. c. 18. Grief and Dishonour of the King or Destruction of any of his peaceable People Now we hope you 'l not deny but assent to these two fore-going Propositions as Just and Reasonable And therefore that we shall not need now to urge upon you but only Re-mind you of these material Points of Law following 1 st It is the Kings Will in point of Law That all his Justices Sheriffs Mayors other his Ministers which under him have the Laws of the Land to guide shall allow the great Charter of the Liberties of England pleaded in all its Points 25 Ed. 1. c. 1. Cook Inst 2 part sol 527. 2 dly That if any Judgment given or any thing done contrary to the Points of the said Charter by the Justices or any other the Kings Ministers that hold Plea before them against the Points of the Charters it shall be undone redressed and holden for nought 25 Ed. 1. c. 2. 5 Ed. 3.9.28 Ed. 3.3 c. 3 dly The Court ought to be of Counsel with the Prisoner to see that nothing be urged against him contrary to Law and Right Cook Inst 3 part fol. 29. 4 thly That the Court ought to be so far from over-awing or forcibly diverting the Prisoner from his Plea or Answer That the Judge ought to Exhort the Prisoner to Answer without fear and that Justice shall be duely administred unto him Cook Inst 2 part fol. 316. 5 thly That any learned man that is present may inform the Court for the Benefit of the Prisoner or any thing that may make the Proceedings Erronious As also even in Cases highly Criminal it is lawful for any man that is in the Court to inform the Court lest the Court shoulderr and the Prisoner be Unjustly proceeded with See Cook 3 part fol. 137. Cook Inst 3 part fol. 29. Now Friends these things are recommended and left to your serious Considerations we not designing hereby as you may easily understand to enter into the Merits or Justification of our Cause but fairly to introduce the Right and Legal Cognisance thereof in order to have Justice and Right done us as ENGLISH MEN and as we are your Well-wishers George Whitehead Thomas Burr â—orwich-Goaâ— the 17th of the 2d Moneth 1680. We desire this may be Communicated An Account of the substance or principal Parts of the Proceedure at the Quarter-Sessions at Norwich holden for the City and County of the same the 18th Day of the Moneth called April 1680. In the Case of George Whitehead and Thomas Burr Prisoners for the Testimony of their Conscience Francis Bacon the late Recorder of Norwich being Prosecutor Accuser and Judge But the Mayor and other Justices more indifferent and Judicious towards the Prisoners Collected and compared by several Hands and digested into as much Order as the Capacity the Sufferers and the Circumstances of Proceedings would admit THe Quarter-Sessions for the City and County of Norwich
That is by our living peaceably under the King and Government R. Do you scruple any Word or thing contained in the Oath If you do tell us what it is G.W. We both own and can sign the Declaration of Allegiance in opposition to the Pope and Popery And to those Seditious or Treasonable Practices and Positions abjured and renounced by that Oath R. Do you hold it unlawful to take an Oath in any case G.W. We are not commited to Prison to answer to Questions at Sessions but to Answer to the Premisses contained in our Mittimus R. Do you not hold it lawful to tell a Lye i.e. an Officious Lye to prevent an eminent danger c. or to that effect G.W. No by no means that 's not a true Protestant Principle to tell or maintain an Officious Lye so called R. Will you take the Oath c. If you will hold up your Hand as a Testimony that you do take the Oath or Swear that shall serve c. G.W. We have a Protestation or Declaration against the Pope Popery which was delivered to the Committee of Parliament and thereby judged sufficient to distinguish us from Popish Recusants We crave leave of the Court to read it R. What difference is there between a Protestation and an Oath G.W. It may be a Protestation or Testimony against Popery yet not an Oath I pray you let 's read our Protestation that we may not lie under Suspition without cause Court You may Read it The Protestation read in Court which followeth A Protestation or Declaration to distinguish Protestant Dissenters from Popish Recusants I A.B. do in the presence of Almighty God solemnly profess and in good Conscience declare It is my real Judgment that the Church of Rome is not the Church of Christ nor the Pope or Bishop of Rome Christ's Vicar And his or their Doctrines of deposing Heretical Princes and of absolving their Subjects of their Obedience Of Purgatory and Prayers for the Dead Of Indulgences and worshipping of Images Of adorning and praying to the Virgin Mary and other Saints deceased And of Transubstantiation or changing the Elements of Bread and Wine into the Body and Blood of Christ at or after the Consecration thereof by any Person whatsoever are False Erroneous and contrary to the Truth of God declared in the holy Scriptures And therefore that the Communion of the said Church is Superstitious and Idolatrous And I do likewise sincerely testifie and declare That I do from the bottom of my Heart detest and abhor all Plots and Conspiracies that are or may be contrived against the King or Parliament or People of this Realm or the true Protestant Religion therein professed And I do hereby faithfully Promise by God's help to live a peaceable and sober Life as becometh a good Christian and Protestant to do And all this I do acknowledge intend declare and subscribe without any Equivocation or Mental Reservation according to the true Plainness Simplicity and Usual signification of the Words Witness my Hand G.W. This was excepted by a great Committee and entred the Journal of Parliament in order to distinguish us from Popish Recusants c. R. We have not a Law to except it 'T is not enacted or made a Law We must proceed according to Law c. You seem to declare for the true Protestant Religion c. When you dissent from the Church of England ‖ This renders Protestancy but in a narrow compass as if all Dissenters were no Protestants I am not in that Point satisfied with your Declaration or to that effect G.W. We have no Mental Reservation in the case We are willing and ready to sign this Declaration Interrupted when about adding these Words viz. The true Protestant Religion is wholly opposit to Popery It stands in Protestation or Testimony against Popery 'T is a Negative Testimony thereof So far as any Protestants in the Church of England or elsewhere do really protest against and sincerely disown Popery so far are we of the same Judgment with them But there are Protestants of several degrees some are more refined and more clear of Popery than others G.W. Is there any Evidence against us to prove the Premisses contained in our Mittimus Where are our Accusers R. The Premisses what are they G.W. The being at an unlawful Assembly in disturbance of the publick Peace as is pretended against us Let 's be tryed and either condemned or acquitted hereupon R. I was more favourable to you than you deserved For I could have drawn an Indictment against you at Common Law and brought you to a Tryal upon it Which being found against you I must have fined you R. We who are in Commission for the Peace are Lex loquens and to give the true meaning of the Law We are not to make Laws but to Interpret the Law We are to punish or amerce Offenders secundum Qualitatem secundum qualitatem delicti c. G.W. We are not at present about to justifie our selves as to matter of Fact We are willing to hear Evidence what any can prove against us in relation to our Assemblies Let 's have due Process R. If the Court will agree to it wee 'l Adjourn And I will provide an Indictment and give order that the Witnesses shall be here and will give it to the Grand â—nquest And if they find it against you you shall be fined Forty Pound and Imprisonment till payed c. Prisoner It seems the Witnesses are yet to procure Is there any here that can give Evidence against our Meeting of the breach of the Peace c. R. That 's a Lye I did not say I would procure Witnesses that 's Scandalous T.B. We desire that no advantage may be taken against us for a Word You ought not to take advantage c. G.W. I intended no offence in the word Procure I intended it not in the worst Sense i e. as by way of Subornation for I intended no other than according to the Recorders own Words That Witnesses should be here or the like which doubtless many present heard Prisoner Well we refuse not to be Tryed upon the Charge in our Mittimus touching our Meeting c. R. You shall have the Oath put to you And I 'le tell you what danger you incur If you refuse to take it you are to be put out of the King's protection your Lands and Estates forfeit to the King and your Bodies Imprisoned during the King's pleasure c. G.W. We understand what a Praemunire means according to the Statute of Praemunire made in the sixteenth Year of King Richard the second Though there 's no Equity that should be brought upon us whilst we Practice our Allegiance Suppose we cannot for Conscience sake Swear 'T is but hard measure to bring us under the penalty of Praemunire for that cause only What Equity can there be in it Seeing we utterly deny the Pope and Popery c. To which we may justly
the Liberty to come before you in your Council-Chamber though it be with a Keeper that we may shew you one material Point of Law in the Statute Book relating to this De novo or New tender of the Oath in your Quarter-Sessions which we now suffer under it being the same Point that we were carâ—est to have shown you out of the Statute Book but were foreinly prevented In granting us this small Request you may happily be capable of doing your selves and us more Justice and Right than you may at present be aware of 'T is not too late to reverse an Error and embrace Truth when made appear in any Case not will any sincer Mind soon the Discovery of either 'T is in Real Love and Good Will to you this Proposition by way of Request is made for your own sakes as well as ours We design no Tediousness to you 〈◊〉 Case is now contract into a arrow Compass What we have to shew you is both very brief and caste to understand 't is directly â—…tuâ—e-Law Out Confinement before Sessions was but One Mans Act but now others of you are concerned Howbeit we may Reansonably as well as Charitably think and believe that both the forcible tender of the Oath whilst not actually discharged and freed from our Imprisonment and the Conclusion against us for our detention were rather the hasty and indiscreet Acts of one Person carried on over your Hands than of the whole Court or Major part thereof and hope that as you calmly come in Gods sight to the Righteous Test of Conscience and Truth and upon better deliberation consult the Law in our Case 't will so appear to your Understandings We are yet willing Charitably to think and hope the best concerning you in this weighty Concern of our Liberties Estates Families and consequently our Lives which are exposed to Jeopardy and Ruin through our present Suffering among you Nevertheless our Case is not desperate in the Eye of the Law They who are appointed Ministers of equal Law and Justice ought to understand both before they pass Judgment or inflict Punishment As Michael Dalton puts the Commissioners of the Peace in mind how that justice may be perverted many wayes if they shall not Arm themselves with the Fear of God the Love of Truth and Justice and with the Authority and Knowledge of the Laws of this Realm c. Among which Causes of Pervertion he mentions these viz. I. FEAR When fearing the Power or Countenance of another they do not Justice quoting Deut. 1.17 II. PERTURBATION of Mind as Anger or such like Passion quoting James 1.20 III. IGNORANCE or Want of True Vnderstanding what is to be done Ignorantia mater erroris IV. PRICIPITATION or too much Rashness as when they proceed hastily without due Examination and Consideration of the Fact and all material Circumstances c. Thus far M.D. We design no Personal Reflection but only tender Information and Caution in these Passages The thing we aim at is but the leave of a few Minutes before you to shew you the Point of Law mentioned which we forbear to relate in Writing to you as not being so proper or seasonable for us to do at present considering the Cercumstances which we are under We are Your Real Friends and Well-wishers George Whitehead Thomas Burr Norwich-Prison the 8th of the 3 Mon. called May 1680. POSTSCRIPT THis Provision we would further add That if so be our Proposal of coming before you in your Council-Chamer may not be accepted or be not thought seizable we then desire you would please to transmit our Request to your Quarter-Sessions yet in beeing upon Adjournment that we may have the Liberty at your next meeting in your Court of Sessions briefly to offer what we have to Plead in point of Law to your serious and more deliberate considerations about the late tender of the Oath de Novo according as we desired farther time for the same purpose when last in Sessions Here follows the substance of a farther Application made by the Prisoners aforesaid to the Mayor Recorder Justices and Aldermen of the City of Norwich delivered to them the 17th day of the 3d Moneth 1680. being the last day of the Quarter-Sessions THe first part relates to the Mediation of certain Persons of Note and Eminency ††Whose Names are not thought meet to insert in this place Some Magistrates of Norwich understood who they were on the Prisoners behalf and particularly by a Letter from London from a Person of Quality on some Application made by some of their Friends there unto which the Prisoners refer the Magistrates in these words viz. We therefore request that you would please to call for the said Letter and know the Contents thereof that if such Mediation may take effect with you for our Enlargment we may not put you nor our selves to trouble upon any further Motion Otherwise if you be not pleased to accept thereof so as to grant us our Enlargment we have another Proposition to make on this wise viz. Whereas we the Prisoners whose Names are hereunto subscribed do find our selves oppressed and grieved not only by the Illegal Proceedings as we conceive of the late Recorder in our Commitment and detention in Prison by two Erronious Warrants which were reverst in Court but also by his late Commitment from Sessions which not only we do conceive to be illegal and contrary to the Form and Order of Law prescribed in the Statutes but also we have the Advice and Judgment of able Counsel in the Case averring This last Commitment Not Good BUT AGAINST LAW c. Upon which Premisses if you please not to allow us Remedy on the Mediation aforesaid we do in Humility request That you will please to call us into Court before this Sessions be ended and grant us the Liberty but briefly to offer our Exception in point of Law unto your serious and deliberate Considerations in order to afford us so much Relief and Right as may either by apparent Law Equity or good Conscience be allowed us Your Friends and Prisoners George Whitehead Thomas Burr Dated Norwich-Goal the 12th of the 3d Moneth 1680. ON the aforesaid 17th day of the 3d Moneth 1680. our Friends Mary Duncon and Mary de France of Norwich attended the Court of Mayor and Justices in their Council-Chamber and delivered the aforesaid Application and Certificates to them where they were read as the Prisoners were informed After the Mayor and Justices came down into the Hall our Friends abovesaid attended the Court of Sessions and moved for the Liberty of the Prisoners as some of the Justices had before directed To which others of them said That could not be for they were committed by Order of Sessions which the Steward being then Judge of the Court in the Recorders absence caused to be read Mary Duncon then requested the Prisoners might be called into Court and heard the new Recorder having promised her as she affirmed
immediately after she came from him That they should be called into Court and that if it appeared they were committed contrary to Law they should be Discharged But he being then absent they were not called into Court Samuel Boulton of London being present got leave of the Court upon his request to tell them That he did suppose it was contrary to Law to make the First Tender of the Oath in Court and that 't was done on purpose to Ensnare the Prisoners Whereupon the Steward called to bring the Statute-Book to see whether it was so or not but in the interim after a little Consultation the Court was dismist on a suddain before the Book came So the Prisoners were detained until the next Quarter-Sessions Whereof an Account is hereafter given as to their Discharge Here follow the Copies of certain Letters of Importance from the said Prisoners which were sent and delivered to the Magistrates of the City of Norwich after the aforesaid Quarter-Sessions To the New Recorder FRIEND VVE having met with a Disappointment by reason of thy absence from Sessionâ— hath occasioned these few Lines whereby we acquaint thee That we apprehending our selves wrongfully Imprisoned and Detained by the means of the late Recorder having also Advice of Counsel concurring with our Apprehensions in the Case did expect according to thy Expressions to our Friend Mary Duncon to have been called into the Court of Sessions this day week Some of our Friends having had encouragment by several of the Magistrates to request our Liberty in Court they accordingly attended and moved on our behalf but our being called was opposed by the Clerk Afterwards we sent to the Steward about it who exprest himself willing to do us any good he could but seemed to blame us that we had not sent to thee about it and advised us so to do he being unwilling to act without thy Concurrence wherefore we have sent this Bearer on purpose and Request That thou wouldst please to signifie thy Mind to the Steward Whether or no our Suffering Case may be taken any further Notice of among you in order to our Relief We are hardly dealt by and think we should not be delayed nor slighted under a wrongfull Imprisonment We hope our Case will be better inspected than as yet it has been The Magistrates willingness here for our Relief now depends upon thy Counsel We desire to know your Minds in it with as much Expedition as conveniently may be We rest Thy Friends and Well-wishers George Whitehead Thomas Burr Norwich-Prison the 24th of the 3d Moneth 1680. This was delivered to the New Recorder of Norwich at his Country House near North-walson by John Fedemand and Thomas Haward of Norwich To the Recorder and Steward of Norwich FRIENDS SEeing we have made divers motions to be heard by the Magistrates of this City before the Sessions was ended concerning our last Commitment but were prevented although we have intimated our Apprehensions of our wrongful Imprisonment and Detention by the means of the late Recorder's severity against us And you being the Persons upon whose Advice the Magistrates of this City have Dependance We do entreat you tenderly to consider us and our suffering Condition so far as to admit us but a little gentle Discourse with you or either of you though it be before any of the Magistrates of this City whom you shall think fit in order to give you an Understanding of our Case whether any Relief thereby may be afforded us or not we leave that but hope you may be justly Instâ—…mental for our Relief 'T will be no disparagement to you to be sure we being opprest and restrained thus far from our Families c. as we think at least contrary both to equal Law and good Conscience And we are not willing to lie under any Mâ—stâ—ke or Prejudice against any Person whatsoever No though it was one that hath dealt most Prejudicially with us we are sure we mean well However pray now take a little opportunity to consider our suffering Case so as we may not be slighted in this Condition We can assure you That the late Recorder's Proceedings against us are not well resented by certain Persons of Quality and Power and it will be no honour to this City to detain us under this Restraint upon the Foundation that he has prejudicially laid against us but here we must at present be spaâ—ing time may possibly evince more of that We remain Your Friends George Whitehead Thomas Burr Prisoners for our Conscience towards God Norwich-Goal the 29th of the 3d Mon. 1680. AFter these two last Letters were sent to the Recorder upon the Prisoners request for a little Discourse with him and the Steward about their Case they were called over into the Council-Chamber and the Keeper with them before him and the Steward and Thomas Corys c. and there admitted to open their Case and to enter into some Discourse about the Proceedings against them They did not seem to vindicate the other Recorders Pâ—oceedings only some little Controversie was about the late tender of the Oath de Novo in Court for which the Recorder insisted on the Words Or any Other Person c. 3 Jac. c. 4. which are farther opened hereafter according to what the Prisoners then alledged However the Prisoners kindly acknowledged their Civility in giving them that Opportunity of Discourse c. A few Lines to the Mayor Court of Aldermen and Justices on some other Considerations more particular FRIENDS VVE being enjured and hurt in several respects by this our Confinement for above this three Moneths past by means of the late Recorders Prejudicial and undue Proceedings agaâ—nst us both before and at your last Quarter-Sessions together with your then Passiveness therein * * That was about the Oath and his last Commitment from Sessions and all this under a wrong Suspition or Pretence of being Papists or Popish Recusants secretly suggested against us which being intâ—mâ—ted to some Persons of Quality Credit at London who have better knowledge of us by them the Earl of Yarmouth being moved on our behalf he was pleased to mediate for us by Letters to be communicated to some of the Magistrates in this City in which we understand he hath lately signified what Testimony he hath of our being NO PAPISTS and therefore desires That you would shew us all the favour the Law will allow us or to the same effect as we have been informed which cannot reasonably intend The Rigour of the Law muchless to be detained in Prison contrary to Law as we still conceive we are We therefore entreat you First to consider what favour the Law allows us as No Papists nor Persons so reputed as indeed we are altogether averse to Popery Secondly As Persons injuriously Imprisoned and detained under a wrong Suspition of what we really are not We Request our Liberties which Request we think our selves both obliged in Conscience and warranted by Law to make
unto you as Justices of the Peace according to the Statute made in the 4th Year of K. Henry the 7th Cap. 12. which is worth your while to read over and seriously to consider the tenor and purport thereof Your Friends and Prisoners G. W T.B. From your City-Goal the 19th of the 4 Mon. 1680. For the Mayor and Justices of the City of Norwich Friends you are intreated to peruse the following Narration THe great pretence for this our strict detention in your Goal being the late order from Sessions we think our selves obliged for your sakes as well as our own to re-mind you as hoping you will give the Oppressed leave to offer their Complaints That we esteem our selves injured in that we were not suffered to be called into Court the last Day of your Quarter-Sessions for an opportunity to have made our Exception which we conceive we had good ground for both in Law and good Conscience especially since we had Promise of such an opportunity and that if it appeared our Commitment were contrary to Law we should be discharged This we understand was made to one of our Friends who upon encouragement by some of the Justices moved for our Liberty in Court which not being granted then that we might be called into Court but being prevented of both we are detained to our and our Families great prejudice in divers respects our present restraint being also a depriving us of our Rights in the Creation and to the impairing of our Healths The late Order from Sessions for this our restraint without Bail or Mainprise was of Francis Bâ—con's ordering and we know no other Law than that to detain us so severely untill next Sessions and no doubt you had Power to Reverse it before the Termination of the last when the Illegality thereof had been made appear which we endeavoured an opportunity for as well as an Error in process may the same Term be reformed in the same Court Wing Body of the Commonâ— Law p. 88. But that Sessions is over the opportunity is slipt whose Omission was that Not ours we sought earnestly requested for it in real Love and Good Will as charitably thinking to find so much of Humanity Tenderness equal Law and Right among you towards us as not thus to delay us in Prison upon the said Order which we are really perswaded will not redound to the Honour of your City or Court considering our Innocency and the Circumstances of the Person which was the cause of it And we cannot reasonaby suppose that such an order should bind your Consciences from answering the Law of Christ To do to others as you would be done by and the Law of our Nation Not to deny defer or delay Justice or Right especially to any Free-born English man Mag. Charta cap. 29. J. Cook Inst 4 part fol. 182. Illegal or unjust Imprisonment more especially where prolong'd being accounted odious in the Eye of the Law and that you may more directly and clearly perceive that to detain us in persuance of Francis Bacon's Procedure and Order against us will not redound to your Reputation and Honour either as Civil Magistrates or Christians Pray consider how irregularly and arbitrarily he has acted towards us in his whole Procedure 1 st In his sending the Sheriff to apprehend and imprison us for being at the Meeting the 21st of March so called 1679. as he confest in Sessions he did as ye may remember by which means we were turned into the Goal by the Sheriff like Cattle into Pinfold and their detained for some Hours without Examination or Mittimus other than Francis Bacon's verbal Commission How arbitrary and Illegal was this Ye that are Wise men Judge what absolute Monarch could have shewn more Dominion in such a Case Consider the Consequence of such proceedings We hope your Design in chusing Recorders is for a Just and Legal end to assist you as the King's Ministers of equal Law and Justice and not to be as Kings and Emperors over your City nor that any one should assume such Prerogative or Preheminence so contrary to Law and the King's Interest The King hath a Prerogative in all things that are not injurious to the Subject Wing p. 2. but the late Recorder did assume a Prerogative or Dominion injurious in this his Proceedings Also 2 dly In his inflicting a two fold punishment for one supposed Offence i. c. Fining and Imprisoning for being at a Meeting contrary to that very Act against Conventicles 22 Car. 2. which was not made to commit the Persons to Goal but only to fine them alâ—eâ—t our Meetings are no otherwise designed by us than for God's Worship and Service When he first eâ—amined and committed us he told â—s thus viz. If you will neither pay your Fines nor take the Oath of Aâ—…gâ—ance I must commit you to Prison you may chuse whether you â—ill pay your Fines take the Oath or go to Prison To excuse these before mentioned proceedings against us being all on the 2â—st of March 1679. which was the Lord's day when we excepted against them as contrary to a late Act of Parliament for the better observatâ—on of the Lord's day 29 Car. 2. he alledged That our Meeting was against the Peace And what fellows Therefore he might first send the Sheriff to apprehend and imprison us without Mittimus and after that Fine us and tender us the Oath the same Day and if we would neither pay our Fines nor take the Oath then commit us to Prison Note That the said Act for the better observation of the Lord's day prohibits the serving or executing any Writ Process Warrant Order Judgment or Decree excepting in Cases of Treason Fellony or breach of the Peace If in these or any of these Cases the requiring Persons to take the said Oath and their taking of it will serve the turn to excuse them of such Crimes than that Oath may be a Cure for all Diseases or Enormities against Law of what different species or kinds soever The Justices need but require Treasonable Fellonious fighting and quarrelsom Persons to take the Oath of Allegiance and their taking of it shall quit them of all Pains and Penalties But we hope you are so ratiâ—nal as to understand that legally to require the said Oath is a distinct Case or Process from the cases of Treason Fellony or breach of the Peace and that there is no more reason to require the said Oath in any one of these Cases then in all of them 3 thly In his laying our Fines upon other persons and imprisoning us for being at the said Meeting and giving out Warrants to break open their Doors and distrain their Goods upon a false pretence of our Poverty after we had plainly signified the contrary to him both as to the competency of our Estates and known Habitations so as he could have no reason to judge or think us unable But besides the Illegality hereof pray what Justice or
the Minister Petty-Constable and Church-Wardens or any two of them shall complain to any Justice of Peace near where the Party dwellâ— and the Justice shall find Cause of Suspition then he may tender and proceed as above But all this I conceive with clearness to be meant and intended Popish Recusants But admitting it otherwise I conceive as this Fact is now put the Proceedings are not warrantable by the above-said Laws nor any other for here is no such Presentment Conviction or Indictment as the Law requireâ— to warrant either the first or second tender of the Oath and thereâ—ore I conceive the Parties grieved may be relieved c. Thus far truly transscribed out of Councillor Smith's Advice under his own Hand The Premisses considered we really think it had been your Best your Clearest and Wisest way to have manifested your Dissent as we gave caution at first from Francis Bacons's precipitant irregular dealing with us about the Oath and his illegal Commitment from Sessions which is entred for protect of Authority with the Title pro Curiam and therefore our strict Confinement thereby as your Act howbeit 't is not subscribed by any of you Wherefore we yet in Love and Good Will to you both for your own inward Peace and outward Reputations as well as our own Rights request our Liberty we being wronged hurt and grieved in divers respects by the said Proceedings of your late Recorder whereof we do once more make our Complaint to you for Relief according as we think our selves obliged in Conscience and directed also by Law Pray view the Statute of the 4 Hen. 7. c. 12. for 't is a good one 't is worth your reading Judge Cook cites it See his Instit 4 part fol. 170. and insists upon it as a necessary Caveat to all Justices of Peace For that by the said Statute Provision is made for any Subject that is hurt or grieved in any thing that remedy may not be delayed or deferred being directed to make complaint to the Justice or Justices and to desire Remedy and if he have no Remedy to shew his Complaint to the Justices of Assize if it be nigh the time of their coming but if it be too long afore their coming then the grieved to come to the King's Highness or his Chancellor and shew his Grief Whereupon the King shall send for the said Justice to know the Cause why his said Subjects be not eased And if he find any of them in default in these Premisses he shall do to him so offending to be put out of Commission c. And now as we can in good Conscience say we are Persons that refuse not to Swear in favour to any Principles of Disloyalty or Rebellion Thus much in relation to the Declaration of Allegiance contained in the Oath of Obedience we do comprehensively and sincerely propose and offer viz. That Fidelity and true Allegiance to the King we do bear which in good Conscience we believe is our Duty in opposition to and utter abhorrence of all those Horrid Seditious and Treasonable Practices Principles and Positions which are abjured and renounced in the said Oath This Declaration in the sight of him who searches all Hearts we do really assent to and own and through his gracious Assistance hope ever to be found in the practice of that Fidelity and Innocency towards the King whom God preserve that become true Protestant Subjects and peaceable-minded Christians desiring only to enjoy the Liberty of the Peaceable and Inoffensive Exercise of our tender Consciences towards our Lord Jesus Christ in his Worship and Service That he may direct you in Righteousness and bless and preserve you and yours is our Prayer also Your Friends and Prisoners for Conscience sake towards our Lord Jesus Christ G.W. T.B. Norwich Goal the 21st of the 4th Moneth 1680. To the Recorder and Steward of Norwich The account of the Prisoners Case more comprehensively stated Loving Friends VVE desire you would take no Exception or Offence at our late request for our Liberties for we design none towards you or any other of the Magistrates being unwilling to disobliege any Person that hath shewn Civility to us in any kind as we acknowledge you have in admitting us some discourse with you One reason of our said Request was because the other Justices lately gave consent to our enlargement If the Recorder would consent or advise thereto as the Messenger told us We still really apprehending our selves unduly proceeded with and wrongfully detained by the late Recorder's means both in regard of our own Innocency and of the Injury and Hurt we have divers wayes sustained by this our Confinement for near four Moneths past to the impairing our Healths afflicting our Families and detriment to our Concerns And not being wholly ignorant in point of Law how unwarrantable the procedure is against us from first to last being also confirmed in our weak Apprehensions therein by Persons learned in the Laws as Council hath lately given it under Hand That indeed it s an irregular proceeding throughout And that the late Commitment by which we are detained is not good but against Law And therefore its being given or pleaded as an Order of Sessions or as pro Curiam cannot rationally argue it to be an indispensible Law you know better in Law and Logick doubtless These things considered we did think our selves in Conscience obliged and concerned as English men with respect to our Birth-rights to request our enâ—argement of the Justices of this City Howbeit we charitably hope That right is intended us when you are in Statu quo i.e. at next Sessions which is the most as we can rationally suppose can be alledged for our detention in the mean time by the said Order and according to your Advice we have been and intend to be patient till your Quarter-Sessions seeing that before 't is not thought Regular to discharge us so that then we hope no further occasion will be sought to prolong us in Prison But that as prudent men you 'l better consider our Right and your own Reputions We cannot but remember how little care of due method and regularity Francis Bacon had in getting us into Prison considering how much there seems to be now for our Discharge 1 st We were apprehended put in Prison and detained for some Hours upon his verbal Order without any Examination or Mittimus be sent the Sheriff to do it 2 dly Then we were had before him and Fined on the account of the Meeting 3 dly Then because we did not deposit the Fines he committed us to Goal for the same Meeting by a Warrant only in his own and not in the King's Name 4 thly Then he laid our Fines upon others upon a false and groundless pretence of our Poverty So he awarded two Punishments for one supposed Offence i.e. Imprisonment and Fines câ—ntrary to the Act in that case 22 Car. 2. which intends not Imprisonment Then observe his contradiction
of Christendom effectually confuâ—ing the Popes Breves This Apology I have seen So that it was intended against the Papists is known by all Christendom Suarez Eudaemon Becanus Coftetus Peleterius and other Papiâ—s wrote against it R.R. Oath and thereby obscure their destructive Designs and escape the Penalty of the Law upon the confidence they have in the Popes pardons for all their equivocal reserves in taking the Oath going to Church c. And why may not all this be as easily dispensed withal by such Agent of Rome to carry on their evil Designs as their repairing to Church in King James's days as is signifi'd to cover their false hearts and with the more safety to attend the opportunity to execute their mischievous Designs And therefore whilst such can escape by Equivocation and the Innocent suffer for Conscientiously scrupling to Swear not only in this but all other cases that which was at first intended for the discovering and suppressing such Persons as were infected with destructive and treasonable Principles and Practices is now contrariwise by subtilty and envy so far perverted as to be made a Subterfuge for persons obnoxtious and treasonable in their Designs or disguised and wicked Agents against the Government as they are counted of the worst sort and a sâ—are and gin to catch and destroy the innocent and peaceable Subjects with both as to their just Liberties Properties and Livelihoods in this World Thus the said Oath is made use of against the Interest of both King and People they that thus use the Oath use it against the Government and thus it never attained its end Thus Justice and true Judgment is turned backward and the Justice intended by the Law perverted and the real end thereof made void and that under pretence of Justice where subtilty envy persecution and partiality blinds the mind Anno Septimo Jacobi cap. 6. The Preamble Whereas by a Statute made the third year of your Majesties reign Entituled An Act for the better discovering and repressing of Popish Recusants The form of an Oath to be ministred and given to certain Persons in the same Act mentioned is limitted and prescribed tending only to the Declaration of such Duty as every true and well-affected Subject not only by Bond of Allegiance but also by the Commandment of Almighty God ought to bear to your Majesty your Heirs and Successors which Oath such as are infected with Popish Superstition do oppugn with many false and unsound Arguments c. Hence observe still 1 st That the very first and chief intent of the said Statute and Oath made in the third year of King James on which this in his seventh year is grounded was for the discovering and repressing Popish Recusants and not for the repressing Pretestant Subjects 2 dly That 't was such as were infected with Popish Superstition in those dayes that as the Law-makers concluded did oppose the said Oath with many false and unsound Arguments And what was or could be then supposed to be their reason for their so oppugning it is to be considered It could not be simply and only because it was an Oath for that they infected generally or for the most part could Swear in other cases to serve their own turns What then 1 st No doubt it was because of the Declaration contained in it of such Duty as every true and well-affected Subject ought to bear to the King 2 dly Because of the severe renunciation of the Pope his having Power and Authority over the King or to dispose of his Dominions and against the Popes Sentence of Excommunication Absolutions and that damnable Positions of deposing Princes Excommunicated by the Pope absolving Subjects of their due obedience to their Princes c. It appears plainly that they who were infected with such Principles of Disloyalty did not oppose the said Oath simply and only because it is an Oath but because of the Declaration of such Duty and Allegiance to the King as is therein contained * * If it should be objected That there were some that thought it not to belong to their Degree or Profession to Swear If only on that account they refused it and not in favour to those seditious and treasonable Practices and Principles therein abjured then as Persons of a more peaceable disposition they ought to be distinguisht from Rebels according to King James's mind Otherwise if they could take it in dissimulation then t was an unsufficient Tryal Those that did not so think but in other casâ—s could Swear either took it as Blackwell c or declared the unlawfulness of it in respect of Allegiance c. Therefore 't was only against such that so declared or opposed the Allegiance it self that both the Oath and the Penalty were intended See Tâ—… Dialogue God and the King pag. 18. Latin Now our case vastly differs from theirs for whom the Oath was intended there 's no parity between our case and theirs We conscientiously scruple or fear to take that Oath as we do all Oaths viz. because 't is an Oath not because of the Declaration therein contained of such Duty and Allegiance as every true and well affected Subject ought to bear to the King nor yet because of the Testimony or Declaration therein against the Pope his pretended Power Excommunications Absolutions c. damnable Positionâ— c. therein mentioned for that Declaration and Testimony therein contained for Fidelity to the King and against the Pope c. we can freely sign as we have delivered a Declaration to that purpose to the late long Parliament and in some points containing a more full Protestation against Popery in the most Erronious Idolatrous and Superstitious Doctrines thereof which Declaration was accepted by a large Committee of Parliament as sufficient to distinguish us from Papists and entred into the Journal of the House of Commons And therefore the Substance of the Declaration of Allegiance contained in the Oath of Allegiance we cannot oppugn but own as 't is or may be transferred or intended on behalf of the present King in opposition to those Treasonable Practices and Principles thereby renounced and abjured as being perswaded in Conscience that he was eminently preserved and restored by a Hand of divine Providence to have actual Power and Dominion in this Realm and all other his Contries knowing that the most High rules over the Kingdoms of men and that they are at his Disposal And we also believe that in good Conscience we are bound to demean our selves honestly and to live as peaceable minded Christians and true Protestant Subjects under the King and his Government giving to Caesar the things that are Caesar's and to God the things that are God's And then our solemn and serious Protestation is against the Pope as Anti-christian and against those Popish Principles Wicked Positions and Practices viz. Of deposing or murthering Kings and Princes Excommunicated by the Pope Of disposing of their Kingdoms Dominions and Countries Of authorizing
Forreign Princes to invade and annoy them Of absolving Subjects from their Allegiance and Obedience Of licensing any of them to bear Arms raise Tumults or offer Violence or Hurt to their Lawful Kings Princes Governments or Subjects Of Treasons Traiterous Conspiracies and Hellish Plots against King Government Parliament or People Of that damnable Position that Princes that be excommunicated or deprived by the Pope may be deposed by their Subjects or any other All which destructive Principles and abominable Practices together with that Antichristian Spirit from whence they proceed we do in good Conscience and in the sight and presence of God who knows our Hearts utterly abhor protest and testifie against them and therefore do neither refuse nor scruple the said Oath in favour to these or any such Principles What 's now awanting why we must be run to Praemunire to lose our Estates and Liberties Iâ— a peaceable Conversation awanting on our parts No. Is the Duty of Allegiance towards our King awanting No. Are we infectâ—d with Popish Treacherous Treasonable or Destructive Principles against our King or his Government or People No God knows the Innocency of our Hearts and Intentionâ— and men know our peaceably Conversations What then 's the matter that we must be so severely dealt withal to the uttermost rigour of the Law to be deprived of all our outward Liberties Properties Estates Livelihoods and all our outward Comforts in this World Are we guilty of any such essential Offence or capital Crime in our not coming under the circumstance of an Oath as may justly and naturally merit such severity No sure The case is brought to a near point and resumed to a very narrow compass Aninnocent honest quiet and well meaning man both towards the King his Government and People he 's truly principled in his Duty he 's real and honâ—st in his Heart towards his Protestant Prince he 's a real Protestant against the Pope and all Popish Antichristian Positions and Destructive Practices he not only performs his Duty of Allegiance in his peaceable Conversation but also declares it in the sight of God and Men and is willing to sign and subscribe such Declaration of his Duty of Allegiance if he may not otherwise be believed only he conscientiously scruples to say I Swear and to kiss the Book to make his Declaration an Oath for want only of which circumstance and ceremony this poor innocent man and sincere Protestant must be run to a Praemunire his Liberty lost and the little Estate or Substance he has must be forfeited and all taken from him his poor Wife and small Children left desolate wholly Impoverished and want Bread his Wife must go Mourning and wringing her Hands and shedding of Tears night and day for the hard measure she has met withal and her Children dolefully Crying and Mourning for want of Bread Where 's now either Conscience Equity Reason Justice or Mercy Were it not very Inhumane thus to destroy innocent and harmeless Protestants and thereby to gratifie the Popish Spirit and Party meerly because such Protestants are afraid of an Oath They dare not Swear And how is the real intent and end of the Law answered by such severe and inhumane dealing with innocent Protestants who never were impeached nor just'y chargeable either with treasonable Attempts Principles or Practices They cannot be detected either with actual Treason or being infected with any Treasonable Principles by any of their Teachers or others And therefore no such Persons or People as those Laws of Praemunire were really intended against though such can escape them We can appeal to God Angels and all just impartial Men this is our Case We are not the People which in point of Equity or Justice the Law could ever be intended against We are of no such destructive Principles or Practices as either the nature of the Oath points at and intends or the Statute of Praemunire 16 R. 2. c. 5. was provided against unto which Statute both that of the 3d of K. James c. 4. and 7th of K. Ja. c. 6. do refer for the Penalty of a Pramunire upon Persons refusing to Swear to the Dealaration of their Allegiance Let that of 16 R. 2. c. 5. be considered as to the nature and intent thereof Anno deccimo Sexto Ricardi 2. c. 5. The Title Praemunire for purchasing of Bulls from Rome The Crown of England subject to none The conclusive Clause of the Offence and the Penalty viz. VVhereupon our said Lord the King by the assent aforesaid and at the request of his said Commons hath ordained and established That if any purchase or pursue or cause to be purchased or pursued in the Court of Rome or elsewhere any such Translations Processes and Sentences of Excommunication Bulls Instruments or any other things whatsoever which touch the King against him his Crown and his Regalty or his Realm And they which bring within the Realm or them receive or make thereof notification or any other Execution whatsoever within the same Realm or without that they their Notaries Procurators Maintainers Abettors Fautors and Counsellors shall be put out of the King's protection and their Lands and Tenements Goods and Chattels forfeit to our Lord the King and that they be attached by their Bodies if they may be found and brought before the King and his Council there to answer to the causes aforesaid or that process be made against them by Praemunire Facias c. Animadversion Now it being unto this Statute cited 16 R. 2. and the penalty of Praemunire therein mentioned that those of King James about refusing the Oath do refer the Justices as to the Penalty Hence these two things are observable 1. The Nature of the Offence or Fact incurring such severe Sentence and Penalty as that of Praemunire 2. The Nature of the Penalty if self First The Nature of the Offence or Fact is very criminal 't is Treacherous and Treasonable as that of purchasing pursuing or precuring in the Court of Rome c. Sentences of Excommunication Eulls Instruments c. which touch the King his Crown and Regality Secondly The nature of the penalty of Pramunire is suitable to the Fact it bears a proportion and is adopted thereto as that the Persons so highly offending and such perfidious Enemies against the King his Regality or Government by purchasing Sentences of Excommunication and Bulls from Rome against the King tending to destroy him and subvert his Government should incur the penalty of being put out of the King's protection their Lands Tenements Goods and Chattels forfeit to the King and their Bodies attached and they brought before the King and Council to answer c. For how should they desire the King's protection and to enjoy their Priviledges under him who purchase Bulls from Rome in order to destroy him which is still an Offence of the same nature and hind that the Oath of Allegiance and the Acts requiring it in King James his dayes were intended and provided