Nonconformity Not Inconsistent with Loyalty, Part 4
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 Morde…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, whereever 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 Ʋs 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 Repealing of the ſame, that ſo the Kings Proteſtant Subjects might be no more in danger of it; but behold there was an unhappy failure in Mr. Somebody that it was not preſented to his Majeſty at the time when other Bills were preſented and had the Royal aſſent, however for as much as Lords and Commons had agreed unto it, and His Majeſty did not Reject it; it ſeemeth to be the voice of the Kingdom, that this aforeſaid Statute ſhould not be put in Execution.
IV. Sometimes the Proteſtant Diſſenters are diſtreſſed in being Proſecuted by the Statute of the 7th. of Jacobi, which Statute doth provide the Puniſhment of Impriſonment, for Refuſing to take the Oath of Allegiance, and in Refuſing of it ſo often as the Law provideth for the tendering of it, that then the ſaid Perſon ſhall incur a Premunire; Now, there are great Numbers of his Majeſties Proteſtant Subjects, who are Diſſenters, who have and can freely take the ſaid Oath; and there be many others who are Diſſenters, that cannot take the ſaid Oath: Firſt, Becauſe they think it is Unlawful to ſwear in any Caſe, becauſe Chriſt hath ſaid, Swear not at all. Secondly, Some cannot take the ſaid Oath, becauſe they think a Promiſſary Oath is not Lawful. Thirdly, Some cannot take the ſaid Oath, becauſe they think that they are thereby bound to an Actual Obedience, and Performance of all the Laws of the Realm, and from thence concinde that they are bound to go to Church, and to take the Sacrament, and to forbear to go to ſuch Religious Meetings as are called Conventicles; and therefore with Patience they do rather Submit to the Puniſhment of the ſaid Law, for Refuſing the ſaid Oath.
But others of the Diſſenters are otherways perſwaded concerning the aforeſaid Oath, and the aforeſaid Particulars, as the Opinions of their fellow Diſſenters; Firſt, they think Chriſt hath not forbid all kind of Swearing whatſoever, but by theſe words, Swear not at all, they underſtand not at all to ſwear by thoſe things mentioned, viz. Heaven, Earth, Jeruſalem, the Temple, the Altar, or any other thing below God himſelf
Secondly, They do not think that a Promiſary Oath is unlawful, becauſe it is not unlawful to make a Promiſe, and thereby bind themſelves to the Performance of any lawful matter contained in ſuch Promiſe, and therefore if the matter of an Oath be lawful, they think they may as well ſwear to Perform it as promiſe to perform it; eſpecially the matter being between the King and Subject, and the Swearing being the moſt ſollemn way of aſſuring the performance of the matters promiſed, and of believing the matters aſſerted in the ſaid Oath. And ſo end that Controverſy.
Thirdly, They cannot think or believe that by the Oath they are Bound to an actual performance of all the Laws of the Realm for the Reaſons following.
Firſt, Becauſe if they be ſo Bound, then are all the Kings Subjects who have taken the ſaid Oath ſo bound alſo, and then it fairly followeth, that if in any thing any Law be broken, then the ſaid Oath is broken, and the Perſons Allegiance to his King is Broken alſo which ſeemeth to be a harſh concluſion, becauſe then great multitudes of the Kings Subjects who are not Diſſenters muſt be deemed deeply guilty in this matter, viz. Such as ſwear, prophanely ſuch as curſe, ſuch as are drunk, ſuch as promote the Trade of French Wines muſt be adjudged for ſworn perſons & breakers of their Allegiance, becauſe in theſe and divers other things they are Breakers of the Law which ſeemeth to be an uncharitable concluſion concerning ſuch whom Authority doth deem Liege Subjects, notwithſtanding their Breaking the Laws by the aforeſaid Offences.
Secondly, Such Diſſenters as can and do take the aforeſaid Oath, cannot think they are thereby bound actually to obey all the Laws of the Realm, and be bound by Oath to go to Church, and to take the Sacrament, and to for bear their Religious Meetings, becauſe no ſuch thing is expreſſed in the ſaid Oath, and the Oath it ſelf doth but bind thoſe that take it according to the plain and expreſs words thereof. Let the laſt words of the Oath be well conſidered, viz.
And all theſe things I do plainly and ſincerely Acknowledg and ſwear, according to the Expreſs Words by me ſpoken, and according to the plain and common ſenſe and underſtanding of the ſame words, without any Equivocation, or mental Evaſion, or ſecret Reſervation whatſoever; and I do make this Recognition and Acknowledgment, heartily, willingly, and truly, upon the True Faith of a Chriſtian, ſo help me God.
From which part of the Oath, as it belongeth to the whole of the ſaid Oath, Let theſe things be Obſerved.
1. That whatſoever thing is not in the expreſs words of the ſaid Oth, that is not ſworn unto, either as a negative or an affirmative.
2. That the matter contained in the expreſs words muſt be underſtood, and ſo ſworn unto as doth agree with the common and known ſenſe of ſuch Engliſh Words, viz. Without ſtraining or ſtretching of the words beyond the litteral ſenſe of them, without any equivocation or mental evaſion, or ſecret reſervation whatſoever, viz. without any cunning or ſecret or myſtical apprehenſion of the words of the ſaid Oath.
Now the Particulars fairly expreſſed in the ſaid Oath, are theſe that follow.
1. A ſolemn aſſerting of the Kings Right to the Crown of this Realm, and other his Dominions.
2. A ſolemn denying that the Pope of himſelf, nor by any Authority of Rome, or by any other means, hath any power or authority over the Kings Perſon, or over any of his Countries, or over any of his Subjects.
3. A Solemn Reſolution to be true and faithful Subjects to the King, notwithſtanding any Declaration or Sentence of Excommunication, or Deprivation made or granted, or to be made or granted by the Pope or his Succeſſors, or by any Authority derived or pretended to be derived from him, or his See againſt the ſaid King, his Heirs or Succeſſors; and him and them will defend to the utmoſt of my power againſt all Conſpiracies and Attempts whatſoever, which ſhall be made againſt his or their Perſons, their Crown or Dignity, by reaſon or colour of any ſuch Sentence or Declaration, or otherwiſe.
4. That as ſuch ſhall not be guilty of Treaſon themſelves, ſo they are Bound to diſcover all Treaſons and Traiterous Conſpiracies they ſnall know among any others.
5. A. Solemn Renunciation of that Damnable Doctrine, That Princes which be Excommunicated or Deprived by the Pope, may be depoſed or murthered by their Subjects, or any other whatſoever.
6. That the Pope, nor any other perſon whatſoever, hath power to abſolve from this Oath or any part thereof.
7. A Solemn Declaration that this Oath is taken ſincerely and not Hypocritically.
Now for as much as many good Chriſtians do ſcruple the taking of the aforeſaid Oath by reaſon of their concluding, that they are thereby bound to more things then is preſſed in the ſaid Oath, and yet are well ſatisfied and Reſolved to defend the Kings Perſon, and maintain the welfare of the Kingdom againſt the Pope and all Forreign Power, and have given great demonſtration of their own peaceable ſubjection to His Majeſties Government, it ſeemeth to be a Proceedings of great ſeverity to puniſh ſuch perſons who fear ſwearing this Oath only leaſt they ſhould Sin againſt God, in ſwearing that which they know they cannot perform, viz. A thorow Conformity to the Church Matters, which if that were the meaning of the Oath, thoſe Nonconformiſts that have taken the ſaid Oath, would not have taken it,
Now therefore that each Party may be helped in this matter here followeth a Copy of the Oath of Allegiance, and King James his Expoſition or Paraphraſe upon it.
The Oath of Allegiance.
I A. B. Do truly and ſincerely acknowledg, Profeſs, Testifie and declare in my Conſcience, before God and the World, that our Sovereign Lord King James is Lawful and Rightful King of this Realm, and of all other his Majeſties Dominions and Countries, and that that the Pope, neither of himſelf, nor by any Authority of the Church or See of Rome, or by any other means with any other, hath any power or authority to depoſe the King, or to diſpoſe any of his Majeſties Kingdoms or Dominions, or to Authorize any Forreign Prince to invade or Annoy him or his Countries, or to diſcharge any of his Subjects of their Allegiance or Obedience to his Majeſty, or to give Licence or leave to any of them to bear Arms, to Raiſe Tumults, to offer any violence or hurt to His Majeſties Royal Perſon, State or Government, or to any of His Majeſties Subjects within his Majeſties Dominions. Alſo I do ſwear from my Heart, that notwithſtanding any Declaration or Sentence of Excommunication or Deprivation made or granted, or to be made and granted by the Pope or his Succeſſors, or by any Authority derived, or pretended to be derived from him, or his See againſt the ſaid King, his Heirs or Succeſſors, or any Abſolution of the ſaid Subjects from their Obedience; I will bear Faith and true Allegiance to his Majeſty, his Heirs and Succeſſors, and him and them will defend to the utmoſt of my power againſt all Conſpiracies and Attempts whatſoever, which ſhall be made againſt his or their Perſons, their Crown and Dignity, by reaſon or colour of any ſuch Sentence or Declaration, or otherwiſe; And I will do my best endeavour, to diſcloſe and make known unto his Majeſty, his Heirs and Succeſſors, all Treaſons and Traiterous Conſpiracies, which I ſhall know or hear of, to be againſt him or any of them; And I further ſwear, That I do from my heart abhor, deteſt and abjure as impious and heretical, this Damnable Doctrine and Poſition, that Princes which be Excommunicated or Deprived by the Pope, may be depoſed or murthered by their Subjects, or any other whatſoever; and I do believe and in my Conſcience am Reſolved, that neither the Pope, nor any other perſon whatſoever, hath power to abſolve me of this Oath, nor any part thereof, which I acknowledg by good and full Authority to be lawfully Miniſtred unto me; and do Renounce all Pardons and Diſpenſations to the contrary.
And all theſe things I do plainly and ſincerely Acknowledge and Swear, according to theſe Expreſs Words by me ſpoken, and according to the plain and common ſenſe and underſtanding of the ſame words without any Equivocation, or mental Evaſion, or ſecret Reſervation whatſoever; and I do make this Recognition and Acknowledgment, heartily willingly and truly, upon the True Faith of a Chriſtian. So help me God.
And now for a further and better help to underſtand the Oath of Allegiance, let King James his anſwer to Cardinal Bellarmine be well conſidered concerning this Oath, in his Apologie for the Oath of Allegiance, page 46. where he ſaith,
It may appear what unreaſonable and rebellious points he would drive my Subjects unto, by Refuſing the whole Body of that Oath, as it is conceived; for he that ſhall Refuſe t… take this Oath, muſt of neceſſity hold all or ſome of theſe Propoſition following: viz.
1. That I King James am not the Lawful King of this Kingdom, and all other my Dominions.
2. That the Pope by his own Authority may depoſe me; if not by his own Authority, yet by ſome other Authority of the Church, or of the See of Rome; if not by ſome other Authority of the Church of See of Rome, yet by other means with others help he may depoſe me.
3. That the Pope may diſpoſe of my Kingdoms and Dominions.
4. That the Pope may give Authority to ſome Forreign Prince to invade my Dominions.
5. That the Pope may diſcharge my Subjects from their Obedience and Allegiance to me.
6. That the Pope may give Licence to one or more of my Subjects to bear Arms againſt me.
7. That the Pope may give leave to my Subjects to offer violence to my Perſon, or to my government, or to ſome of my Subjects.
8. That if the Pope ſhall by Sentence Excommnnicate or Depoſe me, my Subjects are not to bear Faith and Allegiance to me.
9. If the Pope ſhall by Sentence Excommunicate or Depoſe me, my Subjects are not bound to defend with all their power my Perſon and Crown.
10. If the Pope ſhall give out any Sentence of Excommunication or Deprivation againſt me, my Subjects by reaſon of that Sentence, are not bound to Reveal all Conſpiracies and Treaſons againſt me which ſhall come to their hearing or knowledge.
11. That it is not Heretical or deteſtable to hold that Princes being Excommunicated by the Pope, may either depoſed or killed by their Subjects or any other.
12. That the Pope hath power to abſolve my Subjects from this Oath, or from ſome part thereof.
13. That this Oath is not Adminiſtred to my Subjects by a full and lawful Authority.
14. That this Oath is to be taken with Equivocation, Mental Evaſion, or ſecret Reſervation, and not with the Heart and good-will, Sincerely, in the Faith of a Chriſtian Man.
Theſe are the true and natural Branches of the Body of this Oath.
And now foraſmuch as there is another Oath, called the Oath of Supremacy, about which many good Proteſtants have differing Apprehenſions, ſome being very free to take the ſaid Oath, & ſome do Conſcienciouſly ſcruple it, and ſo dare not take it for fear they ſhould Sin againſt God in ſo doing: The ſame Oath ſhall be here Preſented to Conſideration.
The Oath of Supremacy.
I A. B. Do utterly Teſtifie and Declare in my conſcience, That the Queens Highneſs is the only Supream Governour of this Realm, and of all other Her highneſs Dominions and Countries, as well in all Spiritual or Eccleſiaſtical Things or Cauſes, as Temporal: And that no Forreign Prince, Perſon, Prelate, State, or Potentate, hath, or ought to have any Jurisdiction, Power, Superiority, Pre-eminence or Authority Eccleſiaſtical or Spiritual within this Realm; and therefore I do utterly Renounce and Forſake all Forreign Jurisdictions, Powers, Superiorities and 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.