therefore as a further mischief or kindness to the Publick by way of Caution they lay down the Evils that attend this dreadful thing of Excommunication which is viz. And to the end that all His Majesties Subjects may know what Inconveniences do attend that Punishment this Court thinks fit to publish That no Excommunicated Person may be a Witness or Returned upon Juries or to Sue for any Debts c. Really if this be so what a miserable condition shall His Majesties Subjects be in that go to Conventicles if they must both lose their Estates and then their Souls and be neither Jury-men Witnesses nor sue for Debts What shall they do then if this be true But as good Luck is the Justices have as little Law here to back them in these Assertions as they have Law for their Orders For with their good leave there is no Law to bar any Man that is Excommunicated from suing for his Debt Nor is there any Law that disables a Man from being a Jury-man that is Excommunicated unless he be taken upon the Writ and then indeed he cannot be a Jury-man until he be at Liberty No more can a Prisoner which is a Prisoner for Debt be a Jury-man until he have his Liberty to come out and with or without the leave of the Justices a Person Excommunicated may be as well a Witness as any other Person nay a Person Outlawed may be a Witness So that it appears this Order was made without Book as well as without Law There is another Passage in the Order which I cannot pass over and that is more Gall yet but before I take notice of that I must take leave to tell these worthy Justices of the Court that made this learned Order that they have implored help of those that are as Lame and Insufficient in Spiritual Jurisdiction as to Excommunication as they the Justices are in their Temporal Punishments for that in truth the Bishops in their Spirtual Courts or Courts Christian have no power by Law to Excommunicate any person let the Crime be what it will unless by the King's Authority and with His Commission under the Broad Seal â—ee Stat. 〈◊〉 Eliz. â—ee the â—ook calâ—â—d the Biâ—â—ops â—ourts â—issolved This will appear most plainly by the several Acts of Parliament that relate to Spiritual Jurisdiction a short Account thereof with the Arguments were published some time since in a Book Intituled The Bishops Court dissolved Printed in 1680. And see Mr. Hickeringill's Books one of their own Tribe But not to build upon those Books look into the several Statutes since the 21 of Henry VIII and you will find their whole coercive Power taken from them And if you compare the Statutes of Hen. 8. 1 Eliz. Edw. 6. and so all along to 16 Car. 1. and the 13 of this King you will find not only their whole Power taken from them as to their administring of Oaths but that all they have done and acted since the last Act of Indempnity is against Law and the Bishops and Judges of Spiritual Courts throughout England are all guilty of a Praemunire if the King of England shall question them for it and they are at this day liable to be Indicted or Sued by Action at the Suit of the Party grieved for Damages by all such as they have at any time Excommunicated in their Courts since the last Act of Grace But to leave the further discourse of this matter till another opportunity And since the Justices have desired my Lord Bishop of London to Excommunicate at his Pleasure or as his Wisdom shall think fit it may not be amiss for the Bishop to take notice of their unkind treating of him in their very next desire for as if they distrusted his understanding in the ways and methods of Excommunication they go on and lay down Rules for him to observe that is viz. That the Lord Bishop will direct that such Excommunications may be published in the Parish-Churches where the Excommunicated live Now what is this but to tell the Bishop they doubt he doth not understand his Trade so well as they which sure is a very great piece of Incivility to their Ghostly Fathers for the good Father well knows that no man can be fully Excommunicated but it must be read in the Parish-Church where the Excommunicated live But I doubt not but the Bishop will be pleased to forgive this their Sin of Ignorance in the Ecclesiastical Laws when they appear so ignorant in their own Trade of the Common or Statute Laws as to make such Orders as these But least we draw the anger of the next Sessions upon us we will mind but one thing more in their Order so resembling the King's Proclamation and that is so excellent a thing that it far surmounts all the rest for in the next place they tell you viz. And for the further promoting of the Vnion of all His Majesties Protestant Subjects Ay there it is it is Ordered by this Court That the Justices of the Peace in their several Divisions take care that the Statutes 1 Eliz. and 3 Jacobi be put in due Execution for levying One shilling upon those persons that do not come to their Parish or some other Church or Chapel c. which is to be applied for the Relief of the Poor c. It is hoped by this Court that this pious and charitable Work will not be neglected c. For Answer to this last Part we must consider both the Care Charity and Good-will of the Justices here towards the Protestants for till now you hear not a word of Protestant Subjects and if they had missed it here I cannot well tell how this Order could have escaped the sentence of a Popish Order but this clears the Point However for these Justices Order to advise one another to put the Laws of 1 Eliz. and 3 Jacobi in Execution against Conventiclers as if those Acts related to the Conventicle Act is something strange but I suppose we shall find they did this by guess too as all the rest of the Order hoping it may be they never read those Acts or at least it being so long since they have read them that they have totally forgot them for if they had remembred the substance of those 2 Acts they could not have been so mistaken as to bring them in play to punish Conventicles those Laws being only made against the Papist and none else as will appear by and by But first it will not be amiss to take notice how the Justices in this Order interweeve one Act with another and not only so but endeavor all the Punishments both that the Church and the State can inflict upon the Conventiclers double and treble Punishments and all is because but a few Subjects as they call them do differ from the Church of England in some Ceremonies not in Doctrine at all But that which I mean is this the Justices are not satisfied with a single
Punishment for one and the same Fact but that they shall be prosecuted by them first and then Excommunicated and then pay 12 d. a week all at a time To shew their Error and better inform their Judgments if they please to consider all Laws made for or concerning any such Church-matters do provide That if the Parties offending be once punished by the Civil Magistrate or once punished by the Church-Censures the Party so punished by either of them shall plead to the other Court that he was Sued or Prosecuted before in another Court for the same thing which Plea shall abate the Action or Libel To prove this you will find it Enacted in the very Statute the Order mentions 1 Eliz. Cap. 2. Sect. 24. And since we are now upon this Act as a farther Confirmation of what has been before touched on That the Justices as a Court of Sessions have no Power to act upon the Conventicle Act there being in that Act no power given them in that Act aforesaid so to do as in other Acts there is to confirm it further in this Act of 1 Eliz. there is a Clause on purpose That the Justices of Oyer and Terminer and Gaol-Delivery and Sessions of the Peace shall have power in their Sessions to hear and determine all Offences committed against that Act. And if those Justices of Middlesex can find such a Clause in the Conventicle-Act then undoubtedly they are right and their Orders of Sessions and General Warrants of Sessions good but unless they can produce such a power in that Act I am sure their Orders and Warrants are Illegal and Arbitrary But as to the Union mentioned hereof the Protestants and the Charity they intend to the Poor by gathering the Forfeitures of the Act to be given to the Poor Was it ever known before that Force and Prosecution of Penal Laws against one another was a way to Union Doth not Natural Reason tell us That English-men are to be dealt with by Lenity Persuasion and strong Arguments Force did never yet work upon English-men but Flattery hath And doth these Justices think That because they are intrusted with the Peace of Middlesex they are intrusted with the Souls Minds and Consciences of Men Now if they have that Trust too then I confess all is well and an Union will be had by their forcing without doubt otherwise not But I have this reason to believe that an Union cannot be had this way by prosecuting Men because I well know that if their Commissions were as large again as they are yet they cannot force Love and Union nor they cannot make a Man believe by Force though they may make a Man for Fear say he believes And as to their Charity and Good-works as they call it of prosecuting the Conventiclers for not coming to Church it cannot sink into any reasonable Mans brains that the Poor will be much the better for that Charity which comes by Blood that is the forcing of Mens Consciences methinks it looks like strange Charity But as to the two Acts mentioned that of 1 Eliz. and 3 Jacobi and all other Acts that are made against Popish Recusants which are now by these Justices and divers others designed to serve a turn against Dissenting Protestants from the Church of England in defiance of the thing called Parliaments for they have declared the Laws before-mentioned and all others made against Popish Recusants ought not to be put in Execution against the Protestant Dissenters and to be farther assured of that see the Vote viz. Sabbati sexto die Novembris 1680. Resolved Nemine Contradicente That it is the Opinion of this House That the Acts of Parliament made in the Reigns of Queen Elizabeth and King James against Popish Recusants ought not to be extended against Protestant Dissenters But we must have a care too that the naming of Parliament Votes especially the House of Commons do not make worse for the Protestant Cause for in Truth the House of Commons have been so run down that for any one now to but speak of them or their good Votes and Intentions is to be stigmatized for a down-right Disloyal Person Well then since those Laws are threatned to be turned against Protestant Dissenters from the Church of England which Church was made by an Act of Parliament called the Act of Uniformity in the 13th and 14th of this King it may not be amiss to understand them what they are and how many they are See St … 13 and Car. 2. and the occasion of making them against the Papist that so the Protestants may make the better Defence against them if those Justices or any other shall make use of them as this Order seems to drive at We will begin with the first which is that mentioned in the Order viz. 1 Eliz. cap. 2. c. This Act was made immediately after the Queens coming to the Crown when she found nothing but Papists and Protestants in general for the word Puritan in those days was not known the light was not then so clear but she being a good Protestant and resolved to support that Religion with her wise Council cast about how to do it that the indifferent and moderate sort of Papists might not be disgusted and frightned from a closing with the Protestant Religion and therefore on mature deliberation it was concluded to go on gently as to the Reformation and not throw off all the Superstitious Ceremonies at once and therefore having a Pattern of Protestant Discipline made in King Edwards time she follows those Steps as near as may be in the beginning grafting upon King Ed. 6 Stock or rather Foundation which he by his wise and honest Councel layd and therefore the first Act she passed was to take off the Jurisdiction of the See of Rome and all coercive Power whatsoever from Ecclesiastical Persons and all was annext to the Imperial Crown of England so the Act 1 Eliz. cap. 1. The Title of that Act is viz. An Act to restore to the Crown the Antient Jurisdiction over the Estate Ecclesiastical and Spiritual and abolishing all Forreign Powers Repugnant to the same And in this Act power is given to the Queen to grant Commissions under the Broad Seal of England to such Bishops and Laymen as she should appoint to hold Ecclesiastical Courts and none might do it without upon pain of a Premunire see more of this Sect 15 16 17 18. and by this Act was repealed all Laws made in the time of Queen Mary for setling the Popes Authority in England The next Act was that mentioned in the Order which is called viz. An Act of Vniformity and Common Prayer and Service in the Church and Administration of the Sacraments Now this Common Prayer Book was composed and taken out of the Mass used before Ed. 6. Time and the way that was then taken to bring the Papists over to conform to it was to tell them as in truth it was but the Mass turned
colour the laying the other Acts upon them That then these Protestant Sectaries Conventiclers or Protestant Recusants shall not be Prosecuted upon those Laws made only against Popish Recusants for if it should be then you leave the Protestant Recusants in a far worse Condition than the Papist the one being provided for and not the other But that I have said about this Act comparing it with the other made against Popish Recusants is only to shew the unreasonableness of the Justices opinion for the Reader must know that I have only mentioned this Act of the 35th of Eliz. but to shew the nature of the one as well as the other for that this Act of the 35th Eliz. is not in force now although it is confessed it was thought to be in force until the expiration of the Conventicle Act made in the 16th Year of this King but both expired about one Year since for that of Eliz. and the Act of the 16th of this King were in nature one and the same And that of the 16th of this King did as some think revive the 35th of Eliz. by declaring it in force but how long Why it could not be declared for a longer time than it self lived which dyed about the time aforesaid both being but Temporary Acts. And indeed it was a happy turn for this Nation for had those two Acts been in force which were sanguinary Laws much mischief might have accrued to the People of this Kingdom but God be thanked they are gone and have left none behind them to punish the Conventiclers and the Nonconformist Ministers who did not conform to the Act of Uniformity made in this Kings Reign But the Conventicle Act made the twenty second of this King and the Act commonly called the Five Mile or Oxford Act which is all can be raked up against the Dissenting Protestants by Law as I conceive at this day which two Acts I shall a little consider and first for the Oxford or Five Mile Act made in the 17th of this King Cap. 2. Intituled Car. 2. 〈◊〉 2. An Act for restraining Nonconformists from Inhabiting in Corporations by this Act all such Persons as are in Holy Orders Ecclesiastical Persons as well as others that did not conform to the Act of Uniformity made the 14th of this King and shall take upon them to Teach or Preach c. in any Meeting Parish-Church c. shall forfeit for every such Offence the summ of 40. l. to be inquired of in any Court at Westminster or Oyer and Terminer Great Sessions of Wales or Justices of the several Quarter-Sessions of the Peace the forfeiture one third to the King one third to the Poor and one third to the Informer and in the same Act Sect. 3. and 4. No such Minister Teacher c. shall teach School or live inhabit or abode in any Corporation or within five Miles of the same or where he last had a Benefice or near any Borrough that sends any Members to Parliament upon the Penalty of 40. l. c. But note that if on a Jury he may pass or live in any such Corporation or appear upon Summons or Sub-pena In the 5th Section two Justices together in any County where the Offence is committed upon Oath to them made of the Offence against this Act to commit the Offender to Prison for six Moneths without Bayl c. unless the Party so brought before the Justices will take the Oath mentioned in the Act which is viz. 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 Trayterous 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 endeavour any alteration of Government either in Church or State These are the Penalties of this Act and if a Person be so convicted before the Justices if he takes this Oath he saves himself from their Power and from the Imprisonment which is all they can do out of a Court of Sessions the two Justices having not Power to convict as to the 40. l. Penalty And as for the Act of the twenty second of this King for suppressing seditious Conventicles under pretence of Religious Worship where the Conventiclers meet together under a pretence of Religious Worship and not according to the Liturgy and Practice of the Church of England if any such there be the Justices knowing such by the Oath of two Witnesses may make a Record thereof and the Persons so offending and convicted before them the Justices have power to Issue out their Warrants to the under Officers to levy the summ of 5. s. a piece upon each Hearer and 20. l. upon the Preacher and 20. l. upon the House and in case of Insufficiency of the Hearers 10. l. upon any Person present at the same Meeting in lieu of such conceived not able to pay and it must appear upon Oath before those Justices by two Witnesses or confession of the Parties that it is a seditious Conventicle met together for the disturbance of the Peace under pretence of Religious Worship and it must also be sworn before any Conviction can be had against any man or Woman that the People that were met together was not according to the Liturgy and Practise of the Church of England which is next to impossibility to do in the Case of most Meetings in London and Middlesex and whoever acts upon that Act must be sure he goes not beyond the last but they that shall act as the Order of the Justices Commands outruns both the Law and the Constable that must answer for the same at the pleasure of him or her that is agrieved and all the Wit in the Justices head cannot save them that do act such things as in that Order is contained for the Law will find them out though for a time they may save themselves from the Power of a Parliament whom they seem to affront and scorn by acting contrary to the very sence of the Nation declared by their Representatives I shall only add some small Notes of Directions to the Constables and Vnder-Officers who may easily be led into a Snare by such Orders and General Warrants and when they are in will find it hard to get out And first I affirm That no Constable ought to execute any Order at all as an Order of Sessions or a General Warrant from the Sessions in prosecuting this Conventicle-Act for the Law has plainly prescribed another Prosecuon and they must exactly follow it and not meddle with any other form or manner than as the Law directs and the Constables are not to be afraid of the Justices for they are as well punishable if they act contrary to Law as the Constables and Under-Officers are either by Indictment or Action of the Party grieved And as for their General Warrants printed and dated the 21 of
as you will see was because of the Powder-Plot and the purport of this Act all along is only to reinforce all the rest of the Acts against Popish Recusants in not coming to Church and to discover them by the Test and receiving the Sacrament once a year as an additional Tryal of the reality of the Papists Conforming For that it appears in the next Section of the Act That some of them did come to Church and heard Divine Service to save the Penalties in the former Acts and yet continued Papists in their hearts Therefore by this Act they were all to take the Sacrament once a year See Sect. 3. which Enacts viz. And if any Recusant of conformed shall refuse to take the said Sacrament of the Lords Supper accordingly he or she shall for such not refusing lose and forfeit for the first year 20 l. and for the second year for such not receiving 40 l. and for every year after for such not receiving 60 l. until he or she shall have received the said Sacrament c. And by the fourth Section of this Act the Church-Wardens and Constables are to Present the Monthly Absence from Church of all and all manner of Popish Recusants within their Town c. Which by the way it is to be observed from this Act that no man can be Prosecuted or Presented upon this Act or any other it intends which are all the former rehearsed unless they be Popish Recusants for so are the express words of the Act and without doubt should any busie Officer whatsoever Present or Prosecute any Person other than a Popish Recusant the Person so Presented may join Issue that he is no such Person as these Acts intend being not a Papist Now these Acts also give the Justices at their Sessions Power to inquire into the Offences committed against the Acts but in the Justices Order they have quite forgot the Popish Recusants where they have a Power to do and meddle with that wherein they have no Power and therefore ought to make that good Confession in the Book of Common-Prayer viz. We have left undone those things which we ought to have done and have done those things which we ought not to have done and there is no truth in us These are all the Acts that are now in Force against Popish Recusants for not coming to Parish Churches and taking the Sacrament as the Act directs and because it may as well appear what is or hath been made against the Puritan Sectaries and Conventicle I shall here briefly set them down in order and to begin with the first and that is the Statute of 33 Eliz. cap. 1. Intituled An Act to retain the Queens Majesties Subjects in their due Obedience 35 Eliz. cap. 1. And the Reader will find that this is the first Law that ever was made against Sectaries and Seditious Conventicles and this Act is indeed beyond all dispute only made against them and the Popish Recusants are excepted out of it as will appear by the Act And because the Reader may the better judg the true difference between this Act and those made against Popish Recusants as to the very express Terms I have hereinserted verbatim the first Paragraph of the Act. The Act begins thus viz. For the preventing and avoiding of such great inconveniences and perils as might happen and grow by the wicked and dangerous practices of Seditious Sectaries and Disloyal Persons Be it Enacted by the Queens most Excellent Majesty and by the Lords Spiritual and Temporal and the Commons in this present Parliament Assembled and by the Authority of the same That if any Person or Persons above the Age of sixteen years which shall obstinately refuse to repair to some Church Chappel or usual place of Common Prayer to hear Divine Service established by Her Majesties Laws and Statutes in that behalf made and shall forbear to do the same by the space of one Month next after without any lawful cause shall at any time after forty days next after the end of this Session of Parliament by Printing Writing or Express Words or speak advisedly or purposely Practice or go about to make or perswade any of Her Majesties Subjects or any other within Her Highnesses Realms or Dominions to deny withstand or impair Her Majesties Power and Authority in Cases Ecclesiastical United and Annexed to the Imperial Crown of this Realm or to that end and purpose shall advisedly or malitiously move or perswade any other Person whatsoever to forbear or abstain from coming to Church to hear Divine Service or to receive the Communion according to Her Majesties Laws and Statutes aforesaid or to come to or be present at any unlawful Assemblies Conventicles or Meetings under colour or pretence of any Exercise of Religion contrary to Her Majesties Laws and Statutes or if any Person or Persons which shall obstinately refuse to repair to some Church by the space of one Month to hear Divine Services as it aforesaid shall after the said forty days either of him or themselves or by the motion perswasion inticement or allurement of any other willingly joyn in or be present at any such Assemblies Conventicles or Meeting under colour or pretence of any such Exercise of Religion contrary to the Laws and Statutes of this Realm as is aforesaid that then every such Person so offending as aforesaid and being thereof lawfully Convicted shall be committed to Prison and there to remain without Bail or Mainprise until they shall conform and yield themselves to come to some Church Chappel or usual place of Common Prayer and hear Divine Service c. The next Clause is if they did not Conform within three months after Conviction they were to be banished and so the Act goes on to Felony at last as you may see more at large in the Statute And to shew that this Act was wholly intended against the Sectaries or Puritans so called in those days and not against the Popish Recusants is clear by what hath been laid down but that it may not be objected by the Enemies of the Dissenting Protestants now that all those Acts as well as this are to be taken and Construed in Law to be one and the same and that all the aforementioned Acts of Eliz and King James are equally to be applyed to all Dissenters from the Established Church of England I do say and affirm that cannot be for the Popish Recusants by this Act are not at all-touched nor could be Prosecuted upon it For that in the 12 Sect. of this Act 〈◊〉 12. it is there particularly provided that no Popish Recusant or Feme-Covert shall be compelled or bound to abjure by vertue of this Act. Then it necessarily follows certainly if the Popish Recusants shall not be punished by this Act made against Sectaries and Seditious Conventicles That these Sectaries and Conventiclers being Protestant Dissenters as their Adversaries will have it Protestant Recusants for that is it they aim at to
into English for their better understanding and till the People were a little used to the Protestant Religion it was not thought rational to leave off all the Ceremonies at once but by degrees see the wise Courses of those times Now to prove that this Act was only intended against Papists is most plain because the whole Act runs for the beating down of Popish Fopperies and Superstitions of the Church of Rome and then again it is impossible it could be intended against any sort of Protestants for at that time a day there was but two sorts of People in England viz. Protestants and Papists now for the penalty of this Act it is very various but as to the coming to Church it is 12 d. a Week and this to be levied by the Church-Wardens and Over-seers of the Poor but I confess Church-Wardens c. must have a Warrant before they can distrein and that the Sessions have power to do upon Conviction see sect 14 and 15. But other offences Committed against the Act must be tryed by Peers see Sect 21. So that upon the whole matter if the Justices shall Execute this Act upon the Protestant Dissenters from the now Established Church of England yet the labour is more than the profit and therefore can do no great hurt The next Law in Force against Popish Recusants is the 23 Eliz. cap. 1. Intituled An Act to retain the Queens Majesties Subjects in their due obedience which begins thus viz. Where since the Statutes made in the 13 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 c. And in the 5th Section of the said Act it goes on after divers Commands against Popish Recusants too viz. Be it also Enacted by the Authority aforesaid that every one above the Age of Sixteen Years which shall not repair to some Church Chapel or usual place of Common-Prayer but forbear the same contrary to the tenor of a Statute made in the First year of Her Majesties Reign c. And being thereof lawfully Convicted shall forfeit c. for every month c. which he or she shall forbare Twenty Pounds c. And besides the said Forfeitures Every person so forbearing by the space of Twelve months as aforesaid shall for his or her obstinacy after Certificate thereof in Writing made unto the Commissioners commonly called the Kings-Bench by the Ordinary of the Diocess Justices of Assize Gaol-delivery or Justices of Peace of the County where the Offender shall dwell be bound with two sufficient Sureties in the Sum of 200 l. at least to the good Behavior c. So that the whole drift and design of these two Acts appears most clear to be against Papists and Popish Superstitions for every Clause of the Act plainly speaks the same and to put this Act in Execution against the Protestants would be most absurd Sect. 9. The Justices at the Quarter-Sessions shall have power to inquire into the Offences against this Act except Treason And in case a person were Indicted upon this Act yet if he would conform in open Court c. that should discharge him of all but Treason mentioned in the Act so that the conforming were before Judgment given Sect. 10. The next Statute is of 29 Eliz. cap. 6. Intituled 29 Eliz. cap. 6. An Act for the more speedy and due Execution of certain Branches of the Statute made in the 23 year of the Queens Majesties Reign Intituled An Act to retain the Queens Majesties Subjects in their due Obedience This Statute is a further Explanation of the two former and only makes the Penalties greater for Popish Recusants Convicted in not frequenting Divine Service once a month And whereas the former Statute of the 23 was to be only 20 l. a month and bound to the good Behavior after Conviction this gives power to the Queen and her Heirs to take 20 l. per month for every month after such Conviction till they shall Conform and if default be made of payment of the 20 l. per mensem then the Queen may seize all their Goods and two parts of the Real and Personal Estate See the Act Sect. 4. And in the next Paragraph of this Statute Power is given That after the Indictment found by the Grand Jury that Proclamation shall be made at the Assizes Sessions or Gaol-delivery for the Person to appear and if he do not appear the next Assizes Sessions c. he shall stand absolutely Convicted See Sect. 5. more at large The next Statute against Popish Recusants is 1 Jac. cap. 4. 1 Jacob cap. 4. which confirms all the former Statutes made against Popish Recusants in the Queens time with some small additions touching their being discharged though Convicted upon their Conformity to hear Divine Service as by those former Acts of Hers directs and that it plainly appears to mean and intend none but Jesuits and Popish Priests and other Popish Recusants appears manifestly not only in the Title but in the first Section of the Act it self and so throughout the Title is viz. An Account for the due Execution of the Statutes against Jesuits Seminary Priests Recusants and begins tus viz. For the better and more due Execution of the Statutes heretofore made as well against Jesuites Seminary Priests as also against all manner of Recusants Be it Ordained and Enacted by this present Parliament That all and every the Statutes heretofore made in the Reign of the late Queen of famous Memory Elizabeth as well against Jesuits Seminary Priests and other Priests Deacons Religious and Ecclesiastical persons whatsoever made ordained or professed or to be made ordained or professed by any Authority or Jurisdiction derived challenged or pretended from the See of Rome c. together with all those made in the said Queens time against any manner of Recusants shall be put in due and exact Execution c. So that by this Act and all the Clauses in it can mean nor intend nothing but what the former did which was against Popish Recusants The next Act against Popish Recusants is 3 Jacob. cap. 4. viz. Intituled An Act for the better discovering and repressing Popish Recusants it begins thus Forasmuch as it is found by daily Experience that many of His Majesties Subjects that adhere in their hearts to the Popish Religion by the Infection drawn from thence and by the wicked and devilish Counsels of Jesuits Seminary Priests and other like persons dangerous to the Government of the Church and State c. as evidently appears by that more than barbarous and horrible attempt to have Blown up with Gun-powder the King Queen Prince Lords and Commons in the Houses of Parliament assembled c. This shews plainly the Act was designed against the Papists only not only by the Title and the words of the Act rehearsed but that the reason of making this