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
the nature of the Oath it self in that case made and provided i.e. 3 Jac. c. 4. and 7 Jac. c. 6. and 16 R. 2. c. 5. Anno tertio Jacobi Regis cap. 4. The Title An Act for discovering and repressing of Popish Recusants FOr as much as it is found by daily experience that many his Majesties Subjects that adhere in their Hearts to the Popish Religion by Infection drawn from thence and by the Wicked and Devilish Counsels of Jesuits Seminaries c. are so far perverted in the point of their Loyalties and due Allegiance unto the King's Majesty and the Crown of England as they are ready to entertain and execute any Treasonable Conspiracies and Practices 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 House of Parliament assembled tending to the utter Subvertion of the whole State lately undertaken by the Instigation of Jesuits and Seminaries and in advancement of their Religion by their Schollars taught and instructed by them to that purpose and divers Persons Popishly affected the better to cover and hide their false Hearts and with the more safety to attend the Opportunity to execute their mischievous Designs repair sometimes to Church to escape the Penaâ—ties of the Laws in that behalf provided From all which observe First Who are intended appears by the Title i.e. Popish Recusants Secondly That by the Preamable here 's more than a bare suspicion of many the Kings Subjects being by the Devilish Counsel of Jesuits thus far perverted in those days that it was found by daily Experience Thirdly That the effect and influence that such Perversion had on them was That they were ready to execute any Treasonable Conspiracies and Practices Fourthly The Discovery and Experience of such Treasonable Conspiracy proceeding from such Perversion scil That Horrible Attempt to have blown up with Gun-Powder the King Queen Prince Lords and Commons in the House of Parliament Assembled By all which 't is apparent that this was a manifest and most grevious occasion as 't is specified and that of a very high nature in it self most Barbarous Criminal and Treasonable which being chargeable upon the Counsel of the Jesuits and Seminaries did so far render their Followers suspicious that Provision by this Act and Oath of Obedienee was made and intended for their Discovery and Suppression Now let Honesty Truth Conscience and common Reason judge in the Case what Equity and Justice can there be to pursue the peaceable and innocent People called Quakers upon this or any other Act grounded thereon and to run them to a Praemunire to the utter forfeiture and loss of their Estates and Liberties or to make the said Oath a meer Snare to them for their scrupling to take it purely upon a Conscientious account and not upon any such wicked Principles of Disloyalty as are either Treasonable or tending to the Subvertion of the Government or State of the Kingdom But being clear and innocent in the sight of God and Men from all such wicked Principles Attempts and Practices and never chargeable in the least therewith since we were a People what great Injustice both in the sight of God Angels and Men is it for any that are appointed Ministers of Justice and Right to make the said Oath a meer Trap and a Snare to run us out of our Liberties Properties and Estates on this occasion If King James was accounted a mercifull Prince not willing the innocent should share of the Severity due to the guilty in signifying that his intent in publishing this Oath was to make a separation between Catholicks of a peaceable Disposition and in all other things good Subjects as hath been reported and such Catholicks as maintained the Rebellious Principles of the Powder Trators according as he himself signifiâ—d How much more ought there to be a distinction made between the peaceable Protestants and such seditious and evil Principled Papists for whom the Oath and Penalty of Praemunire was first intended so as not to run them upon such Protestants who are both of a peaceable Disposition and Conversation Their dissenting from the Persecutors in point of Worship being purely conscientious and tender towards the Lord Jesus Christ and with respect to a real Reformation from Popery both as to the Root Branches and Reliques thereof which is clearly our case If King James was not willing that pâ—aceable Papists should be run to a Praemunire Why should peaceable Protestants be more severely dealt withal or run to a Praemunire for their Conscientiously scrupling only to Swear Allegiance * * King James's Apology for the Oath of Fideâ—iâ—y fâ—l I. Quod non tam eo fâ—ebat c. i.e. which was done or made not so much that Subjects of better note might be distinguished from Rebells a perduellibus which deny just obedience to the King but especially that I might discern or sever secernerem them who addicted to the Opinions of Popery yet have not abjured fidelity from such who carryed awaâ— with the Whimsie or Phanaticism vertigine of the same zeal with the Gun-powder Traytors would not be held within the Limits of natural Obediencâ— and believed that all Pâ—ots and Treasonable Crimes were excused by the only disparity of Religion And what proportion or equality can there be between our supposed Offence and the Penalty There 's no more reason to suspect that our refusing to swear allegiance is out of disaffection to the King than that our refusing to swear in our own concerns to preserve our just Rights is out of disaffection to our selves The King loseth nothing by our not Swearing Allegiance to him whilst we perform it but we sometimes suffer loss and detriment by not swearing in our private conâ—erns Therefore our scrupling an Oath and refusing to Swear Allegiance is purely matter of Conscience and not from any Principles of Disloyalty to the King no more than it is from any disrespect to our selves or our own Interests 'T is not unknown but generally believed that Jesuits and Popes Agents in these days can equivocally take the said ††The History of the Church of Great Brittain by G G. on that year 1605. p 272. Upon the making this Act the Pope dispatched two Breves into England prohibiting all Catholicks to take this Oath so destruâ—tive to their own Souls and the See of Rome exhorting them to suffer Persecution and manfully to endure Martyrdom Notwithstanding all which this Oath being tendred was generally taken by Catholicks without any scruple and particularly Gen. Black-well Arch-Priest of the English being apprehended and cast into Prison by taking this Oath wrought his own enlargement This Oath was ministred immediately after the putting forth of a Proclamation which commanded all Seminaries and Jesuits to depart the Land â—bid King James wrote an Apology for the Oath of Allegiance together with a Premonition to all Monarchs Kings Free Princes and States
viz. Imprisonment and Fines for one pretended Offence Let the following Ciâ—ation being a Copy of one of his Warrants for leavying the Fines be compared with his Warrant of Commitment before cited both which relates to the said Meeting heâ—d the 21st day of March so called 1679. City and County of Norwich FOrasmuch as Thomas Haward of the Parish of St Peters Promountergate in Norwich aforesaid Worstead Weaver doth stand lawfully Convicted before me Francis Bacon Esquire Justice of Peace for the City and County aforesaid for being present with divers other Persons at a Conventicle holden upon Sunday the One Twentieth day of March last past in the House of John Defrance in the Parish of St Gregory in Norwich aforesaid School-Masâ—er under colour or pretence of the Exercise of Religion in other manner than according to the Lyturgy and Practice of the Church of England and against the Statute made in the Two and Twentieth Year of our present King's Reign to prevent and suppress Seditious Conventâ—cles Fr. Bacon for which he the said Thomas Haward is fined by me the said Francis Bacon for his second Offence ten Shillings according to the said Statute And whereas George Whitehead of Hounditch in London Grocer and Thomas Burr of Ware in Hartfordshire Manlster do also stand severally Convicted before me the said Francis Bacon for taking upon themselves severally to teach in the said Conventicle whereby they have severally forfeited by the said Act for this their first Offence Twenty Pounds a piece Now for that I the said Fran is Bacon â—o in my Judgment think the said George Wâ—…tehead and Thoma Burr unable to pay their resâ—ective Forfâ—itures These are therefore to Authorize you and in the King's Maâ—…sties Name to require you forthwith to go to the dwelling House of the said Thomas Haward and demand the sum of ten Shillings for his said second Offence and ten Pounds being the Moyety of twenty Founds of the said George Whiteheads Forfeiture and charged upon him by reason of the said George Whiteheads Poverty And if the said Thomas Haward shall refuse to paâ— the saeme or deny upon your demand to open his Doors for the Execution of this Warrant then to break them open and enter into his House and leavy the said sum of ten Pounds and ten Shâ—…ings by distress and sale of the Goods and Chattels of the said Thomas Haward and the Moneys so leavied deliver and â—ay unto me the said Francis Bacon to be by me distributed according to the said Statute and for your so doing this shall be your Warrant and therefore in the diligent Execution hereof fasl not at your Peril Given under my Hand and Seal the first day of April Anno Dom. 1680. To the Constables of the Ward of North Coniesford in Norwich aforesaid and to either of them and to his and their Assistant and Assistants Exceptions against the late Recorder's requiring the Oath of Allegiance of George Whitehead and Thomas Burr Prisoners both when first committed and in Court and his late Commitment from Sessions 1 st AS to the late Recorder's pretended tender of the Oath of Allegiance to the said Prisoners before their first Commitment the Law did not give him Power thereunto they not being under those precedent Causes and Circumstances prescribed in the Statute in that case 7 Jac. c. 6. Dalt fol. 94 95 that is as standing Indicted or Convicted or complained of by the respective Officers of their Neâ—ghbourhood as therein mentioned nor was he any such Jâ—stice oâ— Peace near a joynâ—ng to the places of the said Prisoners dwellings as the Law also directethâ— but on the contrary the Pâ—isoners Nâ—ighbours both certain Officers and other Credible Persons have gâ—ven Certificates and Testimony on their behalf that they have never been accounted nor reputed Jesuits nor Papists nor Popishly affected 2 dly His first requiring the Oath of the said Prisoners being made void and reverst by the late Order of Sessions discharging the Prisoners of the matters contained in their Mittimus and Warrant is thereby made no tender being one of those matters contained in the said Warrant whereof the Prisoners are discharged 3 dly His putting the said Oath De Novo that is for a first tender in the Qâ—arter-Session to the said Prisoners appears Contra sormam Statuti agaâ—nst the form of the Statute and order of Law prescribed and limitted both in the 3 Jac. 4. even in Relation to Popish Recusants and 7 Jac. 6. more general whereby the first tender of the said Oath is not directed to be made in one Quarter-Sessions and the second in another but contrariwise the fiâ—st tender out of Sessions and a Commitment of the Persons refusing to Goal until the next Assize or general Quarter-Sessions where the said Oath shall be again required which again relates to the second tender in open Assize or Sessions after the first out of Sessions see 3 Jac. 4. to which agrees the Statute of the 7 Jac. 6. in relation to the first tender being made out of Sessions Dalt fol. 77. and fol. 209. and the second in Sessions in these Words viz Where the said Oath shall be again in the said open Sessions required c. Which again likewise follows the Commitment of the party for refusing on the first tender made out of Sessions as the Law directs 4 thly Also his ordering the said Prisoners to be committed from Sessions to the common Goal there to remain till next Quarter-Sessions for not accepting his De Novo tender in Sessions appears Illegal and contrary to the form of the Statutes before-mentioned and course of proceeding thereby prescribed and limitted See the Judgment of Council ‖ i.e. M. Smith in that case also concerning the third Warrant which is that from Sessions in these Words viz. I conceive the third Warrant is not good in the Commitment for as 't is true that Act says The Offender shall incur a Praemunire yet it doth not in the least give them any Power to commit the Person and therefore and for that it s without Bail or Mainprize and to a certain time and not leaving it to the Law I conceive it is against Law c. I believe the Law-makers intended only Romish Recusants 5 thly The Statute of the 3 Jac. 4. Entituled An Act for the discovering and repressing of Popish Recusants Upon which that of the 7 Jac. 6. is grounded as also the penalty of Praemunire mentioned in the 16 of R. 2. appears to be made and only intended against Popish Recusants and such Agents as were Enemies to the King his Crown and Regalty which the said Prisoners are not 1. From the Preamble concerning the Powder-Plot 2. From the Nature of the Oath and those Treasonable Practices and Principles thereby renounced and abjured 3. From the Statute of Praemunire in the 16 R. 2. †Entituled Praemunire for purchasing Bulls from Rome and the Penalty thereof being made against those Agents