or no. 7. If the said Person do not obey the said Admonition then the Ecclesiastical Court does Decre him Excommunicated and so send an Excommunication to the Minister requiring him to publish the same upon such Sunday or Holy-day as they appoint 8. If the said person stand Excommunicated forty days then the Bishop of the Diocess doth Certify this matter in the High-Court of Chancery by a certain thing called a Significavit 9. Then the High-Court of Chancery in the Term-time doth award forth or grant a Writ called De Excommunicato Capiendo which is directed to the Sheriffs of the City or County where the Excommunicate Person is an Inhabitant that the said Person may be Apprehended and Committed to Prison and there to remain without Bail or Mainprize until he shall satisfy the Church-Party so as 〈◊〉 Absolution which may be obtained several wayes as it is allowed and practised by the Ecclesiastical 〈…〉 First by swearing the Ecclesiastical Oath which is to swear to obey all the Kings Ecclesiastical Laws 〈◊〉 the Lawful Commands of his Ordinary Secondly giving a Bond to Conform upon the Penalty of so much money as shall be agreed upon between the Excommunicated Person and the aforesaid Court which formerly used to be ten pounds but now of late years the Ecclesiastical Market is risen and twenty pounds Bond is required Thirdly such as are not willing to take the aforesaid Oath nor give the aforesaid Bond may be absolved and so allowed some time to Conform if they will pay a Pledge which usually is ten pounds present payment and he that will not comply with any of these ways must abide in Goal whatever becometh of his poor Family and besides all this the said person must pay the Charges of the Ecclesiastical Court which is sometimes ordinary and sometimes extraordinary the ordinary charges is about Forty Shillings And now that it may be demonstrated that the Protestant Dissenters are not obstinate but Consciencious in their Nonconformity to the Church of England let these Causes and Reasons of their Nonconformity be soberly considerd in the particulars following The Protestant Dissenters cannot Conform to the Church of England 1. Because they cannot find a National Church in the New Testament But the Churches they find there are Congregational Churches which consisted of such Persons as God by his Word and Spirit had converted from a State of Nature to a State of Grace Such were the Churches of Jerusalem Samaria Antioch Corinth and Ephesus c. who being persons separated from the people amongst whom they were Inhabitants did by a mutual Consent and Agreement one with another maintain a Holy Communion together in the Worship of God as it was sounded upon the Word of God And so they were the Nonconformists of that day and underwent great Sufferings for not Conforming to that Worship which was Established in the places where they inhabited 2. Because they cannot find any such Officers belonging to a Church of Christ in the New-Testament as Arch-bishops Lord Bishops Deans Arch-Deacons Prebends Commissaries Officials c. But they find such Offiers in the Church of Christ as are called Pastors Eldery a 〈◊〉 d Overseers and the word Bishop doth belong to the same persons under the former Title considered as â—eeders of and Rulers over the true Church of Christ and the Apostle Peter doth forbid the Bishops of Christs Church to be Lords over Gods Heritage 1 Pet. 5.3 3. The Protestant Dissenters cannot Conform to the Church of England in the Holy Sacrament called in Scripture the Lords Supper because that Holy Ordinance is not Administred unto the Communicants as Converted Persons but as those who by Tradition are brought up to Acknowledge and Confess Christ although in works too many deny him by living Prophane Lives being greatly guilty of Swearing Cursing and Drunkenness and divers other scandalous matters which is a Reproach to the Protestant Religion for although the Protestant Religion be the Reformed Religion yet thousands of those that profess it are not Reformed Persons and besides this too many of those who are Ministers of the said Church and so are Administrators of this Holy Ordinance are known to be very unholy in their Conversations notwithstanding all which the Protestant Dissenters have a great veneration and high esteem of many both of the Nobility Gentry Clergy and Common People of the Church of England who live sober lives and walk Conscienciously in Civil and Religious Matters Several other Reasons might be added but these shall suffice for the present Conclusion Now forasmuch as the Protestant Religion is Profess'd by his Majesties Subjects in general considered as Conformists and Nonconformists and both Parties are agreed in the main and substantial parts thereof and also both Parties are in a like danger of the Papists If ever the Government of this Realm should fall into their hands which God of his Infinite Mercy prevent for then the Church-Protestants as well as the Dissenting Protestants would be deemed Fanaticks Schismaticks Hereticks yea Rebelis and would be Prosecuted as such Therefore it highly concerns all sorts of Protestants to say to one another as Abraham to Lot Gen. 13.7 8. Let there be no strife between us for we are Brethren Especially considering the Popish Canaanite and Perizite are now too much in our Land Mat. 7.12 Therefore all things whatsoever ye would that men should do to you do ye even so to them for this is the Law and the Prophets FINIS
Life is ended 3. Consider That though these good things are managed in Separate Congregations distinct from the National Church yet they ought not to be counted the Managers of Schism and Rebellion but the Promoters of the Protestant Religion in higher degrees of Reformation according to the Word of God 4. Consider That for such men to be exposed to live five miles from Cities and Corporations or else to live in a Goal seemeth to be hard dealing thus being compelled to live at such a distance from the chief places of the Kingdom is a kind of Banishment from our Country while in our Countrey and all this for Nonconformity to the Church and for not swearing all the particulars in the Oath provided by the said Act one particular being this That I will not anytime endeavour any Alteration of Government either in Church or State Which words doth at least suppose that all things in the Church Government are so well and so compleat that there ought to be no endeavours to alter or amend them and this is a great scruple to many persons that are good Protestants VI. Another Statute by which the Protestant Dissenters are Distressed is the 22d of Car. 2. Chap. 1. Intituled An Act to Surpress Seditious Conventicles from which Statute let these particular things be soberly considered 1. That this Statute was provided as a further and more speedy Remedy against the growing and dangerous Practices of Seditious Sectaries and other Disloyal Persons who under pretence of Tender Consciences have or may at their Meetings contrive Insurrections as late Experience hath shewn See Paragraph 1. Now it is well known throughout this Kingdom that the Protestant Dissenters even every sort of them do abhor to be such Persons and therefore do deem it a great wrong that they should be accounted and prosecuted as such persons 1. Because though they be separate from the Church of England yet that doth not demonstrate them to be Seditious Sectaries forasmuch as the main things in the Christian Religion Professed by the Church of England is Professed by the Dissenters with a greater care to live suitably unto such a Holy Profession then the generality of the Visible Members of the Church of England do make Conscience of and therefore they deserve to be accounted such as further the Protestant Reformation and not such as are guilty of Sedition 2. They deem it a wrong to be counted persons of Disloualty meerly because of their Nonconformity especially considering what a demonstration they have given of being peaceable under the Government for so many years notwithstanding many and great Troubles they have met with in most parts of this Kingdom meerly for Matters of Conscience 3. And forasmuch as mention is made of Meeting under colour and pretence of the Exercise of Religion to contrive Insurrections the Protestant Dissenters in general can comfortably Appeal to God and the whole Kingdom that they are not guilty in this Matter and besides this it is not consistent with good reason that contriving of Insurrections could be at all managed in the Dissenters Meetings forasmuch as all sorts of persons do Resort unto them viz. Rich and Poor young and old and do daily find no other Matters but the Real Exercise of Religion in Praying to God Praising of God and Preaching the Word of God that they may further the Conversion and Salvation of each other Furthermore it is to be considered that since the making of the aforesaid Act and the violent Prosecution thereof to the very great dammage of many Protestant Families His Majesty did take such Grievances of his Subjects of Tender Consciences into his Princely and Compassionate Consideration and did Declare his Dislike of such forceable courses in matters of Conscience See His Majesties Declaration to all his Loving Subjects March 15. 1672. Published by the Advice of his Privy Council 2. The Persons in the aforesaid Act who are accounted Offenders are All such who being of the Age of Sixteen years or upwards being Subjects of this Realm who shall be present at any Assembly Conventicle or Meeting under colour or pretence of any Exercise of Religion in other manner then according to the Liturgy and Practice of the Church of England they being in number five or more besides the Family or Houshold and if it be in a place where there is no Family Inhabiting then the number of five or more are deemed Offenders Now from this part of the Act consider that the Persons Accounted Offenders are such whose Exercise of Religion is in other manner than according to the Liturgy and Practice of the Church of England And therefore it is needful soberly to inquire whether the Exercise of Religion as it is among the Protestant Dissenters be in other manner then according to the Liturgy and Practice of the Church of England And therefore let the Exercise of Religion in the Church of England and as it is among the Protestant Dissenters be well considered and compared together and then we shall see whether it be Contradictious or Harmonious 1. The Exercise of Religion in the Liturgy and as it is Practiced in the Church of England respecting the matters of it doth consist of Prayers to Almighty God in the Name of Jesus Christ his only Son for Spiritual and Temporal Blessings and this is the Practice of the Protestant Dissenters in their Meetings 2. The Church of England in the Exercise of Religion do give Thanks to God for Mercies Received from God as the Gracious Act of his Bounty and Good-Will unto such as are unworthy of the least Mercy and thus do the Protestant Dissenters in their Meetings 3. The Church of England does instruct Souls from the holy Scriptures of the Old and New Testament viz. From the Law and the Prophets and from the Epistles and Gospels which doth contain the Doctrine and Practice of Christ and his Apostles and thus do the Protestant Dissenters for which they are Prosecuted to their great dammage 4. The Church of England doth perform Religious Worship in English and so do the Protestant Dissenters that all Parties which come to attend the Exercise of Religion among them may understand what they are about 5. The Church of England doth observe the first day of the week commonly called the Lords day in Prayers and Sermons and so do the Protestant Dissenters yea in this matter the Dissenters are more careful that the day may be Religiously observed then the Church-Protestants 6. The Church of England and the Protestant Dissenters do agree in the Articles of Faith respecting the main and substantial matters of the Protestant Religion briefly thus 1. That there is a Holy Trinity viz. Father Son and Holy Ghost 2. That Jesus Christ is very God as well as very Man and that the Person of Christ considered as God and Man together with his compleat keeping of Gods Holy Law without any Breach of it in his own Person and his suffering the
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
Thirdly To bring the People from Popery to the Protestant Religion and therefore a gentle way of Punishment was Provided viz. Twelve-pence forfeit for every Sunday and Holy-Day for not coming to the place of Common-Prayer so as to hear it and attend it Now if the poor Protestant-Dissenters must be punished by Law for their Non-Conformity let such as are in Authority consider that this Law will not do their Fellow Protestants so much harm as some other Laws and yet this Punishment of Twelve-pence a day is a heavy Punishment for such Poor People as are not worth Twelve-pence and more especially if five or ten or twenty days Forfeits be laid upon such Poor People 4. Consider that though this be a gentle way of Punishment yet there is no Word of God will Justifie it for God hath not appointed any kind of Fines or Forfeitures great or small as a Punishment for not Conforming to his Worship and if either Papist or Protestant should Conform only to avoid this or any other Punishment they would be but Hypocrites the Conformity being only to save their Purses and not the Act of their Spirits 5. Consider that in the Strictness of this Statute if Protestants may be Prosecuted great Numbers of those that are Church-Protestants are a kind of Non-Conformists because they do not go to Common-Prayer upon every Holy-day and surely they would be loth to be so Prosecuted themselves as they Prosecute their Fellow Protestants II. The next Statute by which the Protestant Dissenters are Prosecuted and Distressed which now shall be Discoursed is Anno Vicessimo Tertio Reginae Elizabethae Chap. 1. Paragraph 5. Where it is Enacted That every Person above the Age of Sixteen years which shall not Repair to some Church Chappel 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 for Vniformity of Common-Prayer and being Lawfully Convicted shall forfeit to the Queens Majesty for every Month Twenty Pounds of English Lawful Money Now for the better Understanding of the aforesaid Statute it will be best to peruse the whole of it as it is in the Statute Book of the Realm in which it will evidently appear that it was Designed directly against those of the Romish Religion See Paragraph 1. where there is mention made of divers ill Affected Persons who used divers ways and means to withdraw her Majesties Subjects from their due Obedience to obey the Vsurped Authority of Rome See Paragraph 2. where it is Enacted That all Persons whatsoever that shall absolve or by any Ways or Meanes perswade the Queens Subjects from their Natural Obedience to any Obedience to the Pretended Authority of the See of Rome or of any other Prince State or Potentate to be had or used within her Dâ—minions shall be Judged as Traytors and shall suffer as Traytors See Paragraph 3. And it is likewise Enacted That every Person and Persons that shall be willingly Aiders or Maintainers of such Persons or shall conceal and not Disclose such Offences shall be Tryed and Judged and suffer as Offenders in Misprision of Treason See Paragraph 4. It is likewise Enacted That every Person which shall say or sing Mass being Lawfully Convicted shall forfeit the Sum of two hundred Marks and be Committed to the next Goal there to Remain for the space of one year and that every Person which shall willingly hear Mass shall forfeit one Hundred Marks and Suffer Imprisonment a year And in Paragraph 5. It is Enacted That every Person above the Age of Sixteen years which shall not Repair to some Church or Chappel or usual place of Common-Prayer shall Forfeit for every Month the Sum of Twenty Pounds From which Particulars of the aforesaid Statute let these following things be Considered 1. A further Confirmation of the Protestant Religion and the Authority of the Queen as a Protestant Monarch in her own Realm in Opposition to any Pretended Authority by the See of Rome is plainly Asserted 2. A further Proceed in providing Punishments for those that shall maintain the Authority of Rome in this Realm and any manner of ways endeavour to withdraw the Subjects of England to obey the Authority of Rome in Opposition to the Authority of the English Monarch 3. It seems by this Statute that after Twenty three years Reign of this Protestant Queen the Popish Party were still busy in maintaining the Authority of Rome and were not brought to submit to the Protestant Religion and therefore further Provision is made by a greater Penalty to Reduce them viz. from Twelve-pence a day unto Twenty pounds a Month. 4. And though this Statute doth mention every person above the Age of Sixteen years as being Required to come to Church there is good Ground to conclude That by every Person was intended every such person as absented by Reason of their being of the Popish Religion and Adhering unto the Authority of Rome or any Forreign Jurisdiction and thereby declared themselves to be implacable and Irreconcilable Enemies to the Government both in Church and State 5. Consider that if the Law-makers had intended such as are now called Protestant-Dissenters such would have been Distinguished from the Popish Party by some other Name as it is in the Statute of the 35th of Elizabeth which shall be next Discoursed of and therefore to Prosecute the Protestant Dissenters by this Law which undoubtedly was made against the Papists and is doubtful whether it was made against any Protestants seemeth to be hard dealing especially considering that there are other Laws by which the Protestant Dissenters have been and still are greatly Distressed 6. Consider the greatness of this Punishment viz. of the Forfeiture of Twenty pound a Month for not Reparing to some Church of Chappel or usual place of Common-Prayer for though a Person may be Indicted but for one Month and be Convicted thereof he shall forfeit Twenty pounds a Month all the time after such Conviction until he shall make such Submission in a way of Conformity as the Law doth Require without any more Indictments or Convictions See this in the Statute Anno Vicessimo nono Reginae Elizabethae Chap. 3. Paragraph 3 4. Where it is Enacted That such Offendor shall also for every Month after such Conviction without any other Indictment or Conviction pay into the Receipt of the Exchequer after the Rate or Twenty pounds for every Month after such Conviction So that after this Rate such Offender will forfeit Two Hundred and Three-score pounds a year there being according to Law thirteen Months in the year And it is further Provided by this last-mentioned Statute That if default shall be made in any part of any Payment aforesaid that then and so often the Queens Majesty shall and may by Process out of the said Exchequer Take Seize and injoy all the Goods and Two Parts as well of all the Lands Tenements and Hereditaments Lyable to such Seizures
Leaving the third part only of the same Lands Tenements and Hereditaments Leases and Farms to and for the Maintenance and Relief of the same Offender his Wife Children and Family And for a further demonstration of this Matter that these forementioned Act viz 23. and 29. Eliz. were made and designed for the Popish Party is further evident by the Statute of Primo Jacobi Regis Chap. 4. the Title of which Act is thus An Act for the due Execution of the Statutes against Jesuites Seminary Priests Recusants c. And the first part of this Act is to confirm and to put in Execution all those Statutes in the Reign of Queen Elizabeth against Jesuites Seminary Priests and other such-like Priests and also against all manner of Recusants Now by those words Jesuites Seminary Priests and other such-like Priests are to be understood all the several Orders of Ecclesiastical Persons belonging to and owning of the Authority of Rome as doth appear by some words in the first Paragraph of the said Statute viz. 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 And by these words all manner of Recusants are to be understood all manner and sorts of Persons Respecting their Degrees Considered of the Layity belonging to the Church of Rome For in as much as Recusants are joyned with Popish Priests it must be understood of Popish Recusants And this is further Evident by and from the Statute of Anno Tertio Jacobi Regis Chap 4. The Title of which Act is thus An Act for the better discovering and Repressing of Popish Recusants 1. Now from the Title of this Statute Consider that Popish Recusants are the only Persons mentioned and therefore the Statute it self ought so to be understood as being provided for the better Discovery and Repressing of them and no others Except that any particular Passage in the said Statute doth mention any others as distinguished from Popish Recusants 2. And therefore let the Statute it self be Considered in all the Paragraphs whether any others of the Kings Subjects not being Papists are at all concerned in the Penalties of the said Statutes viz 23 Eliz. and 29 Eliz. which are particularly mentioned in this Statute provided to punish Persons for not coming to Common-Prayer or the Sacrament Take a brief Account of the said Statute Respecting not coming to Church and Sacrament 1. In the first Paragraph of the said Statute the Authority of the Realm took notice that divers Persons Popishly Affected did sometimes Repare to Church to escape the Penalty of the Laws in that behalf provided who notwithstanding did adhere in their Hearts to the Popish Religion and so by the Infection drawn from thence were ready to Entertain and Execute any Treasonable Conspiracies as did Evidently appear by that more then barbarous and horrible Attempt to have blown up with Gunpowder the King Queen Prince Lords and Commons Assembled in Parliament 2. In paragraph the Second and Third It is Enacted for the better discovery of such Evil Persons viz. Every Popish Recusant Convicted or that should be Convicted and that should afterward Conform to come to Church and Common Prayer should also take and Receive the Sacrament once in every year following and if they did not then they should forfeit for the first year Twenty Pounds and for the second year Forty Pounds And for every year after Threescore Pounds 3. In the Fourth Paragraph it is Enacted That the Church-Wardens and Constables of their Respective Towns or Parishes and Chief Constables of the Hundred shall present the Monthly Absence from Church of all manner of POPISH RECUSANTS within such Towns and Parishes Mark those plain words of the said Statute it is not said they shall Present Protestants but Popish Recusants 4. In Paragraph the fifth it is Enacted That such Church Wardens Constables and High-Constables for every Default in not Presenting such Recusants shall forfeit Twenty Shillings and if they do make such Presentments they shall be Recorded by the Clerk of the Sessions without any Fee on Forty Shillings Forfeit 5. In Paragraph the sixth it is Enacted That every Church-Warden Constable and High-Constable as shall make such Presentment so as the Party shall be Indicted and Convicted shall have for Reward Forty Shillings to be Levied out of the Recusants Goods 6. In Paragraph 10. A Repetition is made of that part of the Statute of the Twenty Third of Elizabeth concerning the Forfeiture of Twenty Pound a Month for not comeing to Church 7. In Paragraph 11. There is a Recitation of that part of the Statute of the 29th of Elizabeth concerning the Queens having power by the said Statute to seiz upon all the Goods and two parts of the Lands and Tenements Leases and Farms of such Offender upon Default of the Non Payment of the aforesaid Twenty Pounds a Month and let the Offender injoy the third part of his Lands and Tenements Leases and Farms for the maintenance of his Family And then this Statute viz. The Third of King James doth further provided That the King shall have power to Refuse the Twenty Pound a Month though the Offender be ready to pay it according to the Statute of 29th of Elizabeth and if he please may Take Seiz and injoy the two parts of the Offenders Estate and the reason for so doing was because the Popish Party who were men of great Estates could bear the payment of Twenty Pounds a Month and so Retain the Residue of their Livings and inheritance in their own hands which as the said Statute saith was for the most part imployed to the Maintenance of Superstition and Popish Religion and to the Relief of Jesuits Seminary Priests and other dangerons persons to the State Now from these things soberly considered in comparing one Statute with another it seemeth evident that the aforesaid Statutes were designed and intended for the Papists they being so often mentioned in plain words viz. Jesuits Seminary Priests and other Priests and Deacons belonging to the See of Rome and all manner of Popish Recusants and no mention of any other persons distinguished from the Papists And therefore it seemeth hard measure that such as are known and sufficiently owned to be Protestants by the several Neighbourhoods where they dwell throughout this Kingdom should be Prosecuted by such Laws in which they are not at all mentioned especially seeing there are other Laws by which they are sufficiently distressed III. Another Law by which the Protestant Dissenters have been and still are Lyable to be Prosecuted is the Statute of Anno Tricessimo quinto Reginae Elizabethae Chap. 1. In which Statute these things are Enacted and Provided 1. That if any Person or Persons above the Age of Sixteen years shall obstinately Refuse to Repair to some Church Chappel or usual place of Common-Prayer by the Space of a Month to hear Divine Service Established by her
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
Authorities and do promise that from henceforth I shall bear Faith and True Allegiance to the Queens Highness her Heirs and Lawful Successors and to my power shall assist and defend all Jurisdictions Priviledges Pre-eminences and Authorities granted or belonging to the Queens Highness her Heirs or Successors or united and annexed to the Imperial Crown of this Realm So help me God and by the contents of this Book Now in the aforesaid Oath some of the words are such as many Godly Persons cannot heartily speak and therefore Refuse to speak them at all in a way of Swearing viz. That the King as Supream Governour of this Realm is Supream Governour in all Spiritual or Ecclesiastical Things or Causes as well as in all Temporal Things and Causes Which words are Expounded or Explained by Queen Elizabeth in an Admonition Annexed to the Queens Injunctions Published in the first year of her Raign which take as followeth And further Her Majesty forbiddeth all manner of Subjects to give Ear or Credit to such perverse and malitious persons which most sinisterly and malitiously labour to notify to her loving Subjects how by the words of the said Oath it may be Collected the Kings or Queens of this Realm Possessors of the Crown may challenge Authority and Power of Ministry of Divine Offices in the Church wherein her said Subjects be much Abused by such evil disposed persons For certainly Her Majesty neither doth nor ever will challenge any other Authority then that was Challenged and lately used by the said Noble Kings of Famous Memory King Henry the Eighth and King Edward the sixth which is and was of ancient time due to the Imperial Crown of this Realm That is under God to have Soveraignty and Rule over all manner of persons Born within these her Realms Dominions and Countries of what Estate either Ecclesiastical or Temporal soever they be so as no other Forreign Power shall or ought to have any Superiority over them and if any person that hath conceived any other sense of the Form of the said Oath shall accept the same Oath with this interpretation her Majesty is well pleased to accept every such in that behalf as her good obedient Subjects shall acquit them of all manner of Penalties contained in the said Act against such as shall peremtorily or obstinately Refuse to take the said Oath And in the fifth year of her Majesties Raign there was an Act of Parliament to confirm this Sense of the said Oath in these following words Provided also That the Oath expressed in the said Act made in the said first year shall be taken and expounded in such Form as is set forth in an Admonition Annexed to the Queens Majesties Injunctions published in the first year of her Majesties Raign That is to say to confess and acknowledg in her Majesty her Heirs and Successors none other Authority then that was challenged and lately used by the Noble King Henry the Eighth and King Edward the Sixth as in the said Admonition more plainly may appear Now from the aforesaid Oath together with the aforesaid Exposition Confirmed by Act of Parliament Let these things be Considered 1. A Solemn Assertion of the Queens Power and Authority in her own Kingdom and Dominions in opposition to any Forreign Prince Person Prelate State or Potentate 2. That the Power and Authority of the Queen in her own Realms and other her Dominions was over all Ecclesiastical Persons as well as over all Temporal Persons so as to be tryed by her Laws in all Matters and Causes they may be concerned in that if innocent they may be acquitted but if guilty they may be punished by her Power and Authority according to her Laws in her Courts of Justice without Appealing to or hoping for Relief from Forreign Jurisdiction 3. And therefore let all those who do Conscienciously scruple to take either of the aforesaid Oaths Consider whether they have not entertained such notions and apprehensions of them as the plain words and comon sense of such words will not fairly bear and thereby expose themselves to such trouble as they might lawfully escape if their Judgments were better informed 4. Let such as have power to tender and impose the said Oaths upon persons Consider whether the Tender of such Oaths is not sometimes done out of spite to the persons before them they knowing that they are of Scrupulons Consciences and so are sure that they have an opportunity to afflict them and yet know in their own Consciences that such persons are good Protestants and have long lived in all peaceable manner under the Government and so desire to abide that they may lead a quiet and peaceable life in all Godliness and Honesty under Authority as they are taught by the Good Word of God V. Another Law by which the Protestant Dissenters have been and still are Prosecuted and Distressed is the 17. of Car. 2. Chap. 2. viz. An Act for Restraining Nonconformists from Inhabiting Incorporations Now the Persons punishable by this Act are such as are Nonconformist Preachers who live in a Corporation or within five Miles of a Corporation and that Preach in Conventicles and thereby under pretence of Religion do distill Poysonous Principles of Schism and Rebellion into the Hearts of his Majesties Subjects to the great danger of the Church and Kingdom See the first Paragraph of the said Statute And the punishment provided by the said Statute for such persons is the forfeiture of Forty Pounds to be sued for in any Court of Record at Westminster or before the Judges of Assize and also six Months Imprisonment if such persons shall Refuse to take the Oath Provided by this Act A Copy whereof is as followeth I A. B. Do Swear that it is not lawful upon any pretence whatsoever to take Arms against the King and that I do abhor that Traiterous Position of taking Arms by his Authority against his Person or against those that are Commissioned by him in pursuance of such Commissions and that I will not at any time endeavour any Alteration of Government either in Church or State Now from the aforesaid Statute Let these things be Considered 1. That the Main Design of the said Act was to rid Cities and Corporations of such Nonconformist Ministers as under pretence of Religion do distill Poysonous Principles of Schism and Rebellion into the Hearts of his Majesties Subjects to the danger of Church and State Now if there be any such Criminal Persons under the name of Nonconformist Ministers let them suffer according to their Crimes when proved by sufficient Evidence 2. Consider that all sorts of Nonconformist Ministers do abhor to be such Persons and to promote Rebellion but they do generally make it their business to Preach Eternal Salvation by the Blessed Merits of Jesus Christ and a Holy Conversation according to the Blessed Gospel of Jesus Christ following the things which make for Peace here and hoping to injoy a Better Peace when this