severity of Divine Justice in the room of Sinners is thereby the compleat and only Saviour of all those that truly Believe in him and Repent of their Sins 3. That the same Jesus Christ which was Born of the Virgin Mary being conceived of the Holy Ghost and that dyed upon the Cross and after being Buried was Raised from the Dead is also ascended to the Right-hand of God in Heaven there to appear in the Presence of god as an Advocate and Intercessor for all them that come to God by him and he is able to save them to the utmost 4. Both Parties do believe that the Holy Scriptures are the Rule of Faith and Practice 5. As concerning the Church of God upon Earth the Dissenters do agree with the Church of England in that description given of Christs Visible Church See the Nineteenth Article of the Church of England in these very words The Visible Church of Christ is a Congregation of faithful men in which the Word of God is Preached and Sacraments be duly Ministred according to Christs Ordinance in all those things that of Necessity are Requisite to the same So profess and confess the Dissenters also 3. Consider the punishments provided by the aforesaid Statute to be inflicted upon the Offenders viz. five shillings for the first Offence and ten shillings for the second offence for being only in the capacity of a Hearer and Twenty Pounds for every house that shall entertain any such Conventicle and Twenty Pounds for the first Offence of him that shall Teach or Preach in such Meetings and Forty Pounds for every such Offence after the first Conviction and also Power in given to the Justices of Peace to Levy the Fines of some persons upon others so far as Ten Pounds and all these Fines to be levyed upon the Goods and Chattles of the Offenders And in the Prosecuting of many Persons by the aforesaid Statute much more then the Sums of Money Levyed have been taken away and the Goods Sold without making any Return of the over-pluss to the very great dammage of many good Protestant Families And now whether such Proceedings be the best way to surpress Popery and promote the Protestant Religion shall be left to the serious consideration of all sorts of Protestants especially to Protestant Magistrates who oftentimes have opportunity to display Justice with Wisdom and Mercy which is far better then such Severity as looketh too much like Cruelty And therefore as a help to such Magistrates as are perplexed with Informers by the demand of Warrants to disturb Peaceable Protestants in their Meetings and in the Seizure of their Goods afterward let these following things be inquired into by such Magistrates as desire to discharge their Office faithfully in doing Justice between the King and the Subject 1. Whether all the People above the number of five besides the Family are the Subjects of this Realm for they are the Offenders in the sense of this Statute and not the Subjects of other Realms and therefore the Informer ought to swear that those he doth inform against are Subjects of this Realm 2. Whether there was any endeavours to make or contrive any Insurrections against the Government for the very design of the aforesaid Act was to prevent such Meetings 3. Whether there was any seditious words spoken in the Prayers or Preaching of the Assembly of People seeing this Act was made on purpose to suppress Seditious Meetings 4. Whether the Praying and Preaching was according to the Liturgy and Practice of the Church of England viz. whether the Prayers were Protestant Prayers and the Preaching Protestant Preaching so as to promote the Protestant Religion or some other Religion if the Informers should say they were not there long enough to know the truth of these things then it will be evident that such men are not fit to be sworn Evidences against such Meetings forasmuch as their Oath doth not reach to such matters of Fact as is mentioned in the Statute And these things ought to be the more narrowly looked into because those that turn Informers are usually such as have some particular spite against some particular persons and so instead of doing Justice according to Law do but seek after some Revenge for themselves upon the Persons of such as they are offended at or else it is done that they may have that wages mentioned in the Act viz. the third part of the Fines of such persons they swear against and so strive to make themselves rich by making others poor And this is to be greatly lamented that some Justices of the Peace have mightily furthered the Informers by being too ready to receive their Informations and by Convicting Persons of divers Offences as they called them before ever the person knew of such Conviction and so sending divers Warrants of distâ—ess altogether amounting to very considerable sums of Money A Hot-headed Constable presently becomes a Slave to the proud Informers and so maketh a suddain Seizure upon the outward Substance of such as fear God and love Godliness and whereas the Justices may if they will lay but the Fine of Five Shillings upon a person for his first or ten shillings for his second Offence they do sometimes lay the sum of ten pounds for the defaults of others and so add many ten pounds together to the near Ruining of some persons And thus they that depart from evil maketh themselves a Prey but the Lord will see and show himself displeased at it See Isaiah 59.15 VII Another way of distresing and perplexing the Poor Protestant Dissenters is by the Proceedings of the Ecclesiastical Courts the ways and methods of whose Proceedings are as followeth 1. The said Ecclesiastical Courts do require the Church-Wardens and Ministers to make Presentment of such persons as do not come to their Parish-Church and unto the Sacrament 2. Upon Receiving such Presentments then the said Courts do issue forth Citations for such Persons being Presented to come and make answer to the said Presentments 3. If the said Citations be not served upon the persons who are Presented then the said Courts cause a Paper called Viis Modis to be set upon the Church-Door or upon the Persons own Door requiring the Person to appear upon a certain day 4. If the Person do not appear then the said Court proceedeth to Excommunication for Contempt 5. If the Person do appear then the Court doth acquaint such Person that he is Presented for not coming to Church and for not Receiving the Sacrament 6. If the Person do not make it appear that he hath been at Church and taken the Sacrament within the time mentioned in the said Presentment then the Judge of the said Court doth proceed to Admonition That the said Person shall Repair to his Parish Church and take the Sacrament by such a day as is appointed by the Admonition and bring a Certificate from the Minister of the said Parish that he hath so done whether fit for it
Provision is made for the Right Administration of Justice that so the Innocent may be acquitted and none but the Guilty may be punished unless the King extend Mercy in Pardonable Cases in hope of the Offenders Amendment V. And this further must be considered that one part of the Law-makers are the House of Commons who are Chosen by the People and have power to prepare Bills for the Consent of the House of Lords and also to Accept or Reject Bills from the House of Lords before they are Presented to his Majesty for his Royal Assent and therefore if any Laws be made that are not for the peoples profit the Electors of such Members of Parliament must Reflect upon themselves for making such a Choice and look better to their Choice for the time to come VI. And sometimes His Majesties Leige People may Receive and Sustain Damages and Wrongs not because the Laws are bad but because it is badly managed by such as do not well understand the Laws or else because they may have some Antipathy in their minds against those that are Prosecuted and so that they may Accomplish their own wills against some particular persons do sometimes venture to swerve from the true meaning of the Law VII And for the good of the King and Kingdom the Wisdom of the Nation Assembled in Parliament doth sometimes upon mature consideration prepare Bills for Acts of Parliament in which some former Laws are Confirmed and Explained and some Laws are Repealed and some New Laws are made VIII Now therefore that Justice may be Rightly Administred unto all the Kings Subjects it doth highly concern all Mayors of Cities and of other Corporations as also all Justices of the Peace in the several Counties of this Realm together with all other-Peace-Officers concerned in the Executing of the Laws To make sure of a Right Understanding of their several Offices according to Law that as they may not come short so they may not go beyond that power the Law hath committed unto them and so become needless Prosecuters and Troublers of the Kings Subjects to their shurt and dammage though after great Charge and Expence such may be Releived by the Kings Honourable Judges and it may be those that were their Troublers may pay for it afterwards to their Cost and shame when Justice shineth in the Kings Courts of Justice being displayed impartially between the King and his Subjects and also between Subject and Subject IX In the Right Administration of Justice it doth highly concern the Executors of the Laws to consider the Nature of the Offences punishable by the Law whether they be great or small whether they be such as are any way a hurt to the person of the King or to the Publick Peace of the Kingdom or whether they be such things as tho' the Law doth count Offences yet in themselves are not maters at all Criminal viz. matters of Conscience by reason of mens Differing Opinions in matters of Religion which in themselves are no way hurtful to any mans Person Name or Estate X. It is also to be soberly considered what kind of persons the Deemed and Reputed Offenders are whether they do at all own and adhere to any Forreign Jurisdiction or whether they do own and approve of the Kings Majesty as the Supream Governour of this Realm and all other his Dominions and Countries in opposition to the Pope and all foreign Jurisdiction who though they may in some things of Religion differ from some matters of Worship as Established by Law are yet known to be such as fear God and Honour the King and profess practice and promote the Protestant Religion and are ready to assist and maintain the Government in the Peace and Tranquility of it both with Person and Purse as hath been demonstrated by the Protestant Dissenters in general and that in a time and times of great Distress when they have been severely Prosecuted in City and Country to the very great dammage of many good Families who desire to live and dye his Majesties Peaceable Subject But it may be some will object and say That the Dissenters have been Troublers and Disturbers of the Government and so call to Remembrance the Insurrection that was made by Venner and his Party in the City of London Unto which a satisfactory answer may be returned and therefore pray let these following things be considered in the behalf of the generality of the Protestant Dissenters 1. That the Insurrection of Venners Party was condemned by the Dissenters throughout the Kingdom as an Act of great violence and wickedness 2. That Conspiracy was but by a few viz. 29. who were known to be men of fiery Spirits and swimming Brains and would fain have been at the same work in the time of Oliver Cromwell if he had not very timely prevented it 3. Though they were Dissenters yet it is well known that they were fierce-spirited men against all other Dissenters that were not of their desperate minds 4. The Law hath taken hold of them and their persons have been punished severely for that desperate practice and the Dissenters in general throughout this Realm were not concerned in that Business 5. It is not at all fair that any Party of men should be charged with and condemned for the foolish rash Proceedings of some that may be called by the same distinguishing name for suppose some Presbyterians some Independants some Anabaptists and some Quakers should Conspire against the Government it will not be fair dealing to deem that all of those names are all alike in such bad things For by this Rule all French-men Scotch-men Irish-men and other Countries must be deemed Enemies to the Government because some have been proved to be so yea according to the aforesaid Rule all sorts of Tradesmen Gentlemen Clergy-men Knights Lords Earls Dukes though good Members of the Church of England must be censured and feared to be Traytors because some of such degrees and qualities have been proved to be such Criminals but as this is far from Christianity so it is very far from good humanity it is enough that those and only those who are the Criminals be punished according to their Crimes and as for all others who are not concerned in such Crimes tho they be under the same Denomination Respecting Degrees in the World or in matters of Religion yet they ought to be esteemed and favoured as Loyal Subjects to the King although there may be some matters of Religion that the Law doth account Offences XI That Justice may be Rightly Administred and Oppression may be avoided the nature and weight of the punishments inflicted by Law ought to be well considered and compared with the Offences especially if there be several ways of punishment for one and the same Offence and if the Executors of the Law be left at liberty to take which way they please of the greater or smaller punishments For as much as it savoreth too much or Severity if not
Majesties Laws or shall by Printing Writing or Express Words or Speeches Advisedly or purposely Practice or go about to move any of her Majesties Subjects or any others to deny withstand or impugn her Majesties Power and Authority in Cases Ecclesiastical or shall Advisedly and Maliciously move or perswade any other Person to forbear to come to Church to hear Divine Service or the Communion according to her Majesties Laws or to come to or be present at any Vnlawful Assemblies Conventicles or Meetings under Colour or Pretence of any Exercise of Religion contrary to her Majesties said Laws and Statutes or shall willingly join in or be present at any such Assemblies Conventicles or Meetings that then every such Offender being Lawfully Convicted shall be Committed to Prison there to Remain without Bail or Mainprize until they shall Conform and Yield themselves to come to some Church or Chappel or usual place of Common-Prayer and hear Divine Service See Paragraph 1. 2. It is Provided in the same Statute That if such Offender so Convict as aforesaid shall not Conform in coming to Church to hear Divine Service and to make such open Confession as is after appointed by this Statute being Required thereunto within the Space of three Months after Conviction by the Bishop of the Diocess or any Justice of Peace of the County where the Person shall happen to be or by the Minister or Curate of the Parish That then every such Offender upon his being warned and Required by any Justice of Peace of the same County shall upon his Corporal Oath abjure this Realm and all other her Majesties Dominions and Countreys and shall not Return without Licence from her Majesty See Paragraph 2. 3. It is Provided That if such Offender shall Refuse to make such Abjuration as aforesaid or after Objuration made shall not depart out of this Realm according to this present Act or after such his Departure shall Return again without her Majesties Licence that then in every such Case the Person offending shall be Adjudged a Fellon and shall suffer as in the Case of Fellony without the Benefit of Clergy See Paragraph 3. 4. It is further Enacted That if such Offender before he or they be so warned or Required to make Abjuration shall Repair to some Parish-church on some Sunday or Festival Day and there hear Divine Service and make Publick and open Submission and Declaration of his and their Conformity that then the same Offender shall be clearly discharged of all the Penalties and Punishments Inflicted or Imposed by this Act. The Form of Submission is as followeth See Paragraph 4. 5. I A B. Do humbly Confess and Acknowledge That I have grievously Offended God in Contemning her Majesties Godly and Lawful Government and Authority by absenting my self from Church and from hearing Divine Service contrary to the Godly Laws and Statutes of this Realm and in using and frequenting Disordered and Vnlawful Conventicles and Assemblies under Pretence and Colour of Exercise of Religion And I am heartily sorry for the same and do Acknowledge and testify in my Conscience That no other Person hath or ought to have Power over her Majesty and I do promise and protest without any dissimulation or any Colour or means of any Dispensation that from henceforth I will from time to time obey and perform her Majesties Laws and Statutes in Reparing to the Church to hear Divine Service and do my utmost indeavour to maintain and defend the same See Paragraph 5. 6. It is also Provided by this Act. That no Popish Recusant or Feme-Covert shall be Compelled or bound to Abjure by Vertue of this Act See Paragraph 12. 7. It is further Provided by this Statute That every Person that shall Abjure or Refuse to Abjure being Required thereunto as aforesaid shall forfeit and lose to her Majesty all his Goods and Chattles for ever and shall further lose all his Lands Tenements and Hereditaments for and during the Life only of such Offender no longer and that the Wife of such Offender shall not lose her Dower and that the Heir of such Offender after the Death of such Offender shall have and injoy the Lands Tenements and Hereditaments of such Offender From this Statute let these things be Considered 1. That it is Evident this Statute was made for the punishing of sueh as were not at all accounted Papists or Popish Recusants and this will appear in these following Reasons First Because the design of the Statute was for the preventing and avoiding of great Inconveniencies and Perils as might happen and grow by the wicked and dangerous Practices of Seditious Sectaries and disloyal Persons Now this word Seditious Sectaries doth distinguish some Persons from those that by the Law of this Realm are called Papists or Popish Recusants Secondly Because Popish Recusants are exempted from Abjuring of the Realm by vertue of the aforesaid Statute which is a plain Demonstration that the Severity of this same Law was made and intended for such as were not Papists or Popish Recusants and therefore good Reason to conclude that those other Statutes in which mention is made of the Popish Party were made only against them and not against such as are in this Statute called Sectaries who are not Papists 2. Consider how those persons are described for whom the punishments of this Statute are Provided viz. Seditious Sectaries and Disloyal Persons See Paragraph 1. And for as much as this Law hath been put in Execution against the Protestant Dissenters it is meet to inquire whether they are in very deed such persons viz. Seditious Sectaries and Disloyal Persons It is one thing for persons to be called and reputed such and another thing to be such indeed and in truth The city of Jerusalem was called and counted a City of Rebellion and Sedition See Ezra 4.19 The Blessed Apostle Paul was Accused of Sedition and being a Ring-leader therein see Acts 24.5 For we have found this man a Pestilent Fellow and a Mover of Sedition among all the Jews throughout the world and a Ring-leader of the Sect of the Nazareens thus it is evident from the Holy Scripture that the best of persons have gone under the worst names being deemed such as indeed they are not our Lord and Saviour Jesus Christ was called a Devil yea Belzebub the Prince of the Devils and he was Prosecuted unto death as being a Blasphemer and therefore it must not be wondred at if those that are now most pure in the Profession and Practire of the Christian Religion be called Seditious Sectaries and Disloyal Persons though indeed and in truth they are not such as may be truly said of the Protestant Dissenters 1. They are not Seditious Persons because they make the Word of God the Rule of their Faith and Practice promoting the Christian Religion in every part of it as it is in opposition to Popery according to the best of their light and knowledg in the Holy Scriptures endeavouring to
live a Holy Life and Conversation suitable to such a Holy Profession and therefore ought to be deemed good Protestants though in some things they differ from the Church-Protestants especially considering that those things in the Protestant Religion wherein both Parties do agree are greater than those things wherein they do differ and yet those things wherein they differ are such as each Party cannot Conform to without wronging of their Consciences and doubtless the Church-Protestants would think it hard measure if they should be forced to Conform to the Dissenters even as the Dissenters think it hard measure to be forced to Conform to the Church-Protestants And therefore each Party should labour to walk by that Golden Rule that Christ hath given in Mat. 7.12 Whatsoever ye would that men should do unto you do you even to them for this is the Law and the Prophets 2. The Protestant Dissenters cannot fairly be deemed Disloyal Persons forasmuch as they do acknowledg the King to be Supream Governour of this Realm and all other His Majesties Dominions and Countries in opposition to the Pope and all Forreign Jurisdiction and are ready with their Purse and Persons to maintain the Kings Person and Crown against all Murdering Conspiracies among any sort of persons whatsoever And though it may be objected that some under the name of Protestant-Dissenters have been charged with and have been found guilty of the aforesaid Wickedness God forbid that this should be charged upon the whole Party for as much as it is well known that the generality of the Protestant Dissenters do abhor such Principles and Practices and do as heartily desire that the King may injoy his Crown and Kingdom free from all violence as they desire to injoy their own Habitarions and other their Lawful Concernments What though some Gentlemen some Knights some Peers of the Realm be charged and found guilty of Disloyalty yet it would be very unrighteous to charge or deem all of such Degrees or Titles to be so guilty of the like Disloyalty However Non-Conformity barely of it self cannot be fairly accounted Disloyalty they that will say so may well be counted such as condemn the Generation of the Righteous in all Ages even the Apostles and Disciples of our Lord Jesus they were the Non-Conformists of that day and yet they were Loyal Subjects under all those Governments where the Providence of God did cast them and the Apostle Paul tho' he did Preach up Subjection to Authority yet he did maintain his Non-Conformity in matters of Religion and the Christians in queen Maries days did maintain their Non-Conformity in not submitting to the Religion as it was Established by Law and yet they were Loyal Subjects and so it may be truly said of the French Protestants their Non-Conformity doth not destroy their Loyalty Thus it is evident that Nonconformity is consistent with true Loyalty Yet it may be further Demonstrated that Non-Conformity may be attended with the greatest Loyalty when Conformity may be attended with the greatest Disloyalty as doth appear in that famous instance of Mordeâ—ai who was a Notorious Non-Conformist in not submitting to the Established Worship of that Kingdom and yet such was his Loyalty that he discovered the Treason of two of the Kings Chamberlains who may well be concluded to be the Conformists in Religious matters and yet designed to deprive the King of his Life but Mordecai the Non-Conformist did save the Kings life though he went some considerable time Unrewarded for that his Loyal Service 3. Consider that the Punishment of this Statute is too great for the Offences viz. of not coming to Church to hear Common-Prayer of frequenting Conventicles if by Conventicles are meant only such Meetings where there is the Exercise of Religion as it is now among the Protestant Dissenters the Punishments provided by this Act being of several sorts 1. Imprisonment 2. Abjuration 3. Death if Abjuration be Refused 4. Loss of all Goods for ever 5. Loss of all Lands Tenements and Hereditaments during the Life of the Offender and all this for not coming to hear Common-prayer and frequenting of such Religious Meetings as are called Conventicles Now it seemeth very strange that so severe a Law should be made by a Protestant Queen and by a Protestant Parliament against any Persons that could not in Conscience Submit to that form of Religion Established by Law who notwithstanding were Protestants and did own approve and promote the Protestant Religion in the main and Substantial parts of it Especially considering how the said queen and those Assembled in the aforesaid Parliament did groan under the Government of Queen Mary because their Consciences were imposed upon by Reason of the Popish Religion which then was Established by Law and then the Poor Protestants were deemed no better then Sectaries Schismaticks and Hereticks and their Religious Meetings where-ever they could get together were accounted Seditious Conventicles and Rebellious Meetings and they were Prosecuted both by the Ecclesiastical and the Temporal Power even unto Death 4. Consider that though queen Elizabeth did give the Royal Assent unto this Act of Parliament she was greatly troubled when Mr. Henry Barrow Mr. John Greenwood and Mr. John Penry were put to Death for their Non-Conformity she being informed by some of whom she demanded an Account of their Death they being at that time present That they were very Eminent Christians and that if they had lived they might have been as worthy Instruments for the Church of God as hath been raised in this Age at which her Majesty sighed 5. Consider that though this Act hath been continued from time to time yet there hath been a cessation of the Executing of it from the latter end of Queen Elizabeths Reign to the Reign of this present Majesty 6. Consider that though some Justices of the Peace have attempted to put this Act in Execution since his Majesties Restauration whereby a considerable Number of Protestant-Dissenters were Convicted at Aylesbury and all their Goods in their shops and houses were seized and they were in great danger of being quickly hanged but thanks be to God his Majesty had Compassion Judging it too hard dealings for his Protestant Subjects and so he not only saved their Lives but Restored them all their Goods which Gracious Proceedings of the King was agreeable to his Royal Promise in his Royal Declaration from Breda in these words We do Declare a Liberty to tender Consciences and that no man shall be disquieted or called in Question for differences in opinion in matters of Religion which do not disturb the Peace of the Kingdom and that We shall be ready to consent to such an Act of Parliament as upon Mature Deliberation shall be offered to Vs for the full granting such Indulgence 7. Consider that the Lords and Commons Assembled in Parliament even of late years did take into their wise and serious Consideration this very Statute and by joynt agreement had prepared a Bill for the