Nonconformity Not Inconsistent with Loyalty, Part 1 – Part 3
Now from this Statute let theſe following Particulars be Soberly Conſidered.
1. That this Statute was made in the firſt year of Queen Elizabeths Reign, preſently upon the Caſting out, and throwing down of Popery.
2. That by this Statute the Proteſtant Religion was Revived and Confirmed, and ſo the Reformation was further carried on, as it was in the Reign of that happy Prince, Edward the Sixth.
3. Conſider that at the time of making this Statute, the whole Realm did Conſiſt of Proteſtants and Papiſts, Conſidered as Clergy and Layity. The Realm was not then acquainted with ſuch a thing as Proteſtant-Diſſenters, and therefore it cannot be fairly ſuppoſed that this Act was intended for ſuch, barely as ſuch; but the Deſign of this Act was, Firſt, To ſettle a Proteſtant-Miniſtry, to manage the Proteſtant Religion according to the Light of that day: Secondly, To Remove all ſuch as were Popiſhly affected from Miniſterial Office, that ſo they might not keep the Queens Subjects in Popiſh Blindneſs: 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 Ʋniformity 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 Ʋſurped 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 D…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 Ʋnlawful 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 Ʋnlawful 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.