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A Brief Survey OF THE Legal Liberties OF THE DISSENTERS: AND How far the BILL now Depending conſiſts with Preſerving the Toleration INVIOLABLY: WHEREIN The preſent Bill is Publiſhed; and alſo the TOLERATION ACT at large, that they may be compar'd with One Another.

EDINBƲRGH, Re-printed in the YEAR 1714.

A Brief Survey OF THE Legal Liberties OF THE Diſſenters, &c.

[3]

IT is no Time now to make Flouriſhes, and lay down Aphoriſms to debate upon: Matters of Fact muſt ſpeak themſelves; and that they may do ſo, let us bringthem together.

The Toleration was granted to the Diſſenters at the Beginning of the Revolution; he that told us, It was not a Courteſy, but a Capitulation, the Performance of an Agreement, not an Act of meer Tenderneſs and Charity, ſaid True, or he ſaid Falſe; for my Part, I never heard him Confuted, or much ſaid to contradict it.

[4] If the Toleration of Diſſenters was a Grant of meer Charity and Mercy, yet it was no other Charity and Mercy than the Church of England, as Chriſtians, were obliged to ſhew: Perſecution for Conſcience being contrary to the Principles of the Chriſtian Religion; and if they were oblig'd to grant it, they are equally oblig'd to continue it, unleſs they can alledge, the Diſſenters have done any Thing to forfeit it, which we challenge all the Tories in England to prove.

If the Toleration of Diſſenters was a Capitulation, all Capitulations ought to be perform'd; all Agreements ought to be executed; and it is as much their Right to demand the Preſerving of it, as it was to demand the Enacting it.

But the Queen, beſides all this, has promis'd to continue it, and to preſerve it Inviolably; we doubt not Her Majeſty meant to do ſo when She ſaid it, and means ſo ſtill: But what mean they who would oblige Her, or perſwade Her to break Her Word?

We do not ſay the Parliament offer this; and we doubt not but ſome People flatter themſelves, that all theſe Things are not only Conſiſtent with, but will be Effectual for the Inviolable Preſervation of the Toleration; we ſhall ſee preſently how it will be prov'd.

The Managers of Perſecuting Principles have very pretty Ways with them to cover and guild over the moſt effectual Meaſures of Deſtroying us, with fair Pretences of Preſerving us. Perhaps this Taking away the Schools and Academies of the Diſſenters is done the better to preſerve, &c. Inviolably.

[5] We find in the firſt Section of the laſt Occaſional Bill, the Enacting Clauſes thus Introduced, ‘"Now for the better Securing the ſaid Church, ſo far is Good, and Quieting the Minds of Her Majeſty's Proteſtant and Diſſenting Subjects, and Rendering them Secure in the Exerciſe of their Religious Worſhip, &c.

Be it Enacted

I do not ſay, That the Bill following thoſe Words, did abridge the ſaid Diſſenters of any of their Liberties, in the Exerciſe of their Religious Worſhip: But this I will ſay, That if the Diſſenters were ſo abridg'd by that Act, then joining the Words together, it will follow, That their ſaid Liberties were ſo abridg'd, the better to Quiet their Minds, and for the Securing them in the Exerciſe of their Religious Worſhip; perhaps other Laws may be Bleſs'd with the like Congruity.

Before we go on to Examine what may, or not be deem'd an Attempt upon, and Inconſiſtent with the Religious Liberties of the Diſſenters, it may be very uſeful for us to enquire what thoſe Liberties really are; to which Purpoſe, and that the Diſſenters may know how far thoſe Liberties do or do not extend, and when they are or are not Invaded, I believe it very much to the preſent Purpoſe to publiſh the ſaid Toleration Act at large, which, altho' it be put at the End of this Tract, the Reader is deſir'd to turn to it, and Peruſe it before he goes on any farther.

HAVING now Suppos'd, that the Readers of this Tract have Perus'd the Act of Toleration [6] deliberately, and have thereby a clear Account of what the Diſsenters Liberties really are, it will be alſo Neceſſary to let them ſee what it is that the preſent Depending Bill is to Enact againſt them, and ſo we ſhall preſently judge about the Word INVIOLABLY, &c.

It is true, and this is the great Pretence of thoſe who promote this Matter, That the keeping of Schools and Academies for the Inſtructing and Educating our Children, is not expreſly a Part of the Toleration Bill; And therefore ſay they, The Toleration may be Inviolably preſerv'd, notwithſtanding the Paſſing the preſent Bill

But the Diſſenters will refute this by alledging, That the Liberty of Teaching and Inſtructing our Children, is ſuch an Eſſential, in the Meaning of a Toleration, that it needs no more to be expreſs'd therein, than a Liberty of going out of our own Houſes, or riſing out of our Beds, and putting on our Clothes, in Order to a religious Aſſembly, need to be expreſs'd in that Part of the Act which allows Places to be appointed for that Worſhip.

If any eſſential Part of the Toleration be taken away, altho' not expreſs'd, how is the Toleration then preſerv'd Inviolably?

Farther, the educating of Children is a Part of the religious Duties of a Chriſtian, and among theſe of the Proteſtant Religion, more eſpecially regarded as ſuch: If the Diſſenters are abridg'd of what is their indiſpenſible Duty, they are perſecuted in the moſt extreme Senſe of Perſecution; For the Conſequence is, they muſt offend againſt this Law, becauſe they are [7] bound to obey GOD rather than Man. In offending this Law they muſt incur a Penalty; not being able to pay the Penalty, they muſt go to Priſon, and in Priſon they muſt periſh: So that in Conſequence of this Law, the Diſſenters will ſuffer Death for their Religion, and and yet the Toleration be preſerved INVIOLABLE.

I think the Plainneſs of this Caſe is not to be found Fault with, Religion is nothing more or leſs than a Serving or Worſhipping GOD, our Maker and Lawgiver. The Method is preſcrib'd by His Word; Conſcience is to every Man the Judge of his own Duty, and the Manner of Performing is this, Conſcience is a Sovereign Dictator in the Mind of Men, and it muſt be obey'd; So it is not meet to make Laws to reſtrain it, human Power having no judicial Right over it.

As then Conſcience muſt be obey'd, in which the Scripture is clear, Whether it be lawful to obey GOD rather than Man, judge ye? When Laws are made reſtraining us to ſuch Things as Conſcience forbids to do, or commands not to omit, what muſt we do?

The Anſwer is plain, We muſt ſuffer. True, but then we muſt ſay, That this is PERSECUTION: If then Perſecution is contrary to the Principles of the Chriſtian Religion, as we have the Authority of Parliament, in the Preamble to the first occaſional Bill, to prove; what follows? But that every perſecuting Act is an Unchriſtian Act.

Whether the preſent depending Bill be a Perſecuting, and conſequently an unchriſtian ſtill, let others judge; this Deponent faith not.

[8] It may however be of ſome Uſe to enquire into ſome of the Conſequences which the Diſſenters may expect from this Law, that thoſe who are to ſuffer by it, may prepare their Minds for Martyrdom; and they who are to paſs it, may conſider what Ruin of Families, what Blood of Conſcientious Sufferers, what Encreaſe of Ignorance, and conſequently of Error, they are going to be the Cauſe of; and what terrible Havock they are going to make in the Reformation, which has Enemies enough, and Wounds enough already. Perhaps when theſe Things come to be ſeriouſly reflected upon, they may conſider.

Since then the Perſecution is thus reviv'd, what muſt the Diſſenters do? Negatively, I'll tell you what they cannot do.

1. They cannot ſay their Toleration is INVIOLABLY preſerv'd: They that think this Bill does not interfere with the Toleration, may here compare them together; The one ſays, Eaſe is to be given to tender Conſciences; The other ſays, The tenderest Conſciences ſhall be oppreſt; one ſays, The Diſſenters ſhall have Liberty to aſſemble, and their Children may worſhip GOD with them: The other ſays, They ſhall not have School-maſters to inſtruct them how to Worſhip; one gives them a Liberty of profeſſing their Diſſent; The other denies them the Liberty of being Taught to know why they diſſent: This is the ready Way indeed to make Diſſenting be a Faction in the next Age, as they pretend it is now not a religious Principle. Thus the Toleration is preſerv'd, and not preſerv'd at the ſame Time. The Letter of the Toleration is preſerv'd [9] in Deed, but the Subſtance and eſſential Parts are deſtroy'd.

2. They cannot ſay, they are kindly treated by the Church; and when they look back upon their own Conduct to the Church, they tell them plainly, they have not deſerv'd this Uſage at their Hands; When they reſcued the Church from an evident Ruin in King James's Time, mighty Promiſes of Temper and Tenderneſs were made them; let us ſuppoſe now the Diſſenters parting with them at that Time in this Manner, ‘"Yes, yes, Gentlemen, you promiſe us fair now, while you are under Apprehenſions of the Popiſh Party. Now you call us Brethren, and talk well of the ſmall Differences between us; and how Charity ought to bury what is paſt, and to bind us cloſſer for the Time to come, that you find now you have been miſtaken, and that we are as faithful to the Proteſtant Intereſt as your ſelves; and you will for ever eſteem us the ſame Chriſtians as your Selves, allowing us a Legal eſtabliſh'd Liberty, and living in Love and Charity with us; will never more ſuffer the indifferent Things which are in Diſpute among us to divide us. But when, by our Aſſiſtance, you are eſtabliſh'd again, you will forget all theſe Things. When a Generation riſes up, That knows not Joſeph, they will call us all Schiſmaticks, and Recuſants again; Couple us with Papists, ſay we are Dangerous to the Church, and Enemies to Monarchy, and make new Laws againſt us, deſtroy the Toleration you now offer us, and perſecute us as bad as ever.’

[10] When the Diſſenter ſays thus to them, Suppoſe a certain Grave Divine ſtands up and Quotes the Words of Haſael the King of Aſſyria, Is thy Servant a Dog, that be ſhould do this thing? What now would that Grave Divine ſay, for the Paſſage is not a Fable, if he were to ſee this Bill paſſing the Houſe? would he Plead, that this is not Perſecution?

The Queſtion is not only upon the word Perſecution, tho' that is anſwer'd plain enough too: But is it Just? Is it Kind? Is it Grateful? Is it Agreeable to former Pretences? Is it what was Solemnly Promiſed, when the Church ſtood in need of the Aſſiſtance and Support of the Diſſenters, in the time of their Extremity? Is this the Performance of Solemn Engagement to the Diſsenters? Is this the Temper you promis'd to come to? Is this the Love and Charity you reſolv'd to live in? Monſtrous! Perfidious!

3. They cannot ſay, they are not Perſecuted; Perſecution is the Conſtraining and Reſtraining Conſcience by Force and Puniſhment. To Reſtrain from what we dare not Omit, is as much Perſecution, as to Conſtrain to what we dare not Comply with. Can any Chriſtian Omit Inſtructing his Children in the Chriſtian Religion? Dare any Diſſenter Educate his Child in that Way which he dares not Conform to himſelf? Is not that Condemning himſelf, and Abandoning his Child? Does he not, by that ſingle Act, either declare that he Diſsents without any Foundation, or that he Values not the Salvation of his Child?

Conſcientious Diſſenters have never yet ſhewn [11] ſuch an Indifferency in the Matter of Conformity; if they had, they could not have been ſuppos'd to Suffer ſuch Hardſhips as they now do, to be expelled any Share either in the Truſt, Honour, or Profits of their Country's Service.

4. They cannot ſay, that they are at all oblig'd by this, to farther and future Services; and altho' it is true, that the Diſſenters may not withdraw their Hands from the Neceſſary Services of their Country, as Engliſh Men, yet all thoſe Voluntary Services, which, upon all Occaſions, they have appear'd Freely and Generouſly to join in, they muſt now Reſtrain, in Order to carry on the more needful Expence of Educating and Inſtructing their Children Abroad, and keeping Tutors for them in their own Houſes, and in Aſſiſting Poor Families to do the ſame.

There are Affirmative Conſequences of their Perſecution, which it is not ſo proper to Mention, only I take the Freedom to tell theſe Warm People, that there will not one Diſſenter's Child the more be brought up in the Church of England by this Perſecuting Act; neither will this Leſſen, but Encreaſe the Schiſm, and the Number of Diſſenters in England. It is true, it will ſtraiten the Diſſenters in their Educating their Children, put them to Difficulties and Expence. As to the firſt, they muſt Suffer it, as an Effect of Perſecution: And as to the laſt, the Money wh [...]ch the Diſsenters now freely Contribute to the Church, over and above what the Law demands, (viz.) on Subſcription to Charities, to Lecturers, [12] to Poor Clergy, to Briefs, &c. Which it would be the greateſt Madneſs in the Diſſenters not to Reſtrain: Theſe, I ſay, will Pay all the Difference in the Expence of the Education of their Children, and aſſiſt them to Educate the Poor that cannot do it themſelves.

Again, ſeeing the Clergy of the Church are ſo Senſible of the Effect of our Schoolmaſters Teaching the Diſſenters Children the Aſsemblies Catechiſm, that they ſhould make a Law that they ſhall not be Inſtructed in that manner at School, it is a Warm Admonition to the Diſſenters to Revive the Ancient Family Diſcipline and Inſtruction, which was the Original Method by which the Reformation was begun in this Nation; and by duly Catechiſing their own Children and Servants, and giving Catechiſes to the Poor Families that want them, effectually ſupply the Deffect; and thus the End of theſe Church Chriſtians (viz.) to leſſen Chriſtian Knowledge, inſtead of encreaſing it, ſhall be Defeated, till they think fit to make another Bill to take the Diſſcurers Children away from them, as the Papiſts did to the Proteſtants in France, or as the Mahometans do now to the Armenian Chriſtians Ge [...]rgia and Moldavia to make Janizaries.

Beſides this, the Inhumanity of this Law, which admits of a large Deſcription, and which has many Branches Tending to Cruelty, cannot but fill the Minds of our Poſterity with Abhorrence of the Church it ſelf, and ſo make the Breach wider than ever it was before: As all the Sangninary Laws againſt the Reformation, [13] and againſt the Primitive Church, could never ſtop the Progreſs either of the Chriſtian Religion at firſt, or of the Proteſtant Religion afterwards, ſo neither will this, but will Confirm, Eſtabliſh, and Encreaſe the Body of the Diſſenters in this Nation. To conclude all,

The Methods which will alſo be ſtill leſs to the Diſſenters to evade this Act, will of Courſe have one of theſe two Effects; either, which we earneſtly wiſh, it will cauſe the Church to ſee the Miſtake, and Repeal the Rigorous Law; or, as thoſe who run into many Evils, to Support, and rather than Recant the firſt, it will oblige them to ſuch other and farther Steps of this Kind, as muſt revive the ſevereſt Perſecutions, even to Death and Torture; the Conſequences we may reaſonably expect will end in Judgment from Heaven, and the Confuſion of the Nation.

We cannot but hope that theſe Things may prevail with our Legiſlators to conſider what is before them, and to examine as well the Political as the Chriſtian Arguments which may be offer'd to them againſt this Bill.

Particularly, how it ſtrikes at the Foundation of Religion, as Chriſtian, and tends to the Deſtroying the Light and Knowledge of Divine Things in the World, which is the Honour of the Reformation: Whereas, if the Inſtruction of Children in the Knowledge of Religion is reſtrain'd, loaded with Difficulties, or limited, it is thereby diſcouraged, leſſen'd and put backward, which is contrary to the Practice of all the Proteſtant Nations in the World.

[14] Neither is it enough to ſay, That the Diſſenters are the Cauſe of ſuch Diſcouragement, for that they may ſend their Children to Learn the Church Catechiſm, and to Church Tutors and School-maſters. For if the Diſſenters cannot in Conſcience Conform, neither can they in Conſcience teach their Children to Conform; and if that Principle, Conſcience, obliges them to keep their Children without any Degree of Learning and Inſtruction, which they would otherwiſe have had; the Law that limits their Education to Terms which their Parents cannot comply with, is the unrighteous Cauſe of that Defect, and thus Ignorance flows in of Courſe. It is to be hop'd, the Church of England will not be thought to plant it ſelf beſt in the Ignorance of the People. Chriſtian Knowledge is the Fountain of the Reformation of the Chriſtian Religion. Popery, indeed, may be ſaid to be Founded in Ignorance, and propagated in Superſtition, which is the Child of Stupidity and Blindneſs. But Knowledge, and the Light of the Scriptures, were the Nurſes and Founders of the Reformation; and Woe be to that Nation, or People, or Body of Men, who pretend to propagate the Chriſtian Religion by Reſtraining the Knowledge of Religion in the Minds of the Younger Part of the Nation, who it is their Duty by all poſſible Means to Inſtruct.

We find in the Heads of the Bill now Depending, ſome Things alſo more particularly Tending to Perſecution than is yet mention'd (viz.) The Engaging every one who ſhall have a Licenſe to Teach School, never to be [15] preſent at a Meeting. This is Reſtraining the ſaid Teacher, or Schoolmaſter from his Liberty of Conſcience to preſerve his Livelyhood, and making the Salary, or Gain of his Employment, to be a Snare to his Principles.

What the Fines and Penalties are; how Rigorous the Proſecution; how the Diſſenters are debarr'd from their Liberty of Appeal to Her Majeſty's Superiour Courts of Juſtice, and left to the Mercy of the Juſtices of the Peace, without Appeal; and how to be proſecuted in Eccleſiaſtical Courts, where the Church-Men, who in this Cauſe are Parties, are made Judges. As theſe Things are apparent in the Bill, ſo are they the Height of Perſecution, unprecedented; and in their Nature, an Oppreſſion of our Civil Rights as Engliſhmen.

To cloſe all. How theſe Things agree with the Toleration, is a Myſtery I can by no Means reconcile. Perhaps thoſe who read the Bills both together, and ſee how and where the Clauſes join, and where they part, may ſee leſs of Perſecution than I can; and that all Men may do ſo, and judge for themſelves, therefore are the Copies Publiſhed in this Manner.

Appendix A The BILL againſt Schiſm.

[16]

THAT whereas by an Act of Parliament in the Thirteenth and Fourteenth Years of his late Majeſty King Charles the Second, intituled, An Act for the Uniformity of Publick Prayers, and the Adminiſtration of the Sacrament, and other Rites and Ceremonies; and for Eſtabliſhing the Form of Making, Ordaining, and Conſecrating Biſhops, Prieſts and Deacons in the Church of England; it is among other Things enacted, that every School-maſter keeping any Publick or Private School, and every Perſon Inſtructing and Teaching any Youth or Private Family, as a Tutor or School-maſter, ſhould ſubſcribe before his or their Reſpective Biſhop, or Arch-biſhop, or Ordinary of the Dioceſs, a Declaration or Acknowledgment, in which among other Things is contained as follows,—viz ‘I A. B. do declare, That I will conform to the Liturgy of the Church of England, as it is now by Law Eſtabliſh'd.—And if any School-maſter or other Perſon inſtructing or teaching Youth in any Private School or Family as a Tutor or School-maſter, before Licenſe obtained from the Reſpective Arch biſhop or Ordinary of the Dioceſs, according to the Laws and Statutes if this Realm, for which he ſhould pay 12d, only, and before Subſcription and Acknowledgment make as aforeſaid; then every ſuch School-maſter or other inſtructing or teaching as [17] aforeſaid, ſhould for the firſt Offence ſuffer Three Months Impriſonment without Bail, and for every ſecond, and other ſuch Offence, ſhould ſuffer Three Months Impriſonment without Bail or Mainprize, and alſo forfeit to His Majeſty the Sum of 5l.

And whereas notwithſtanding the ſaid Act, ſundry Papiſts and other Perſons diſſenting from the Church of England, have taken upon them to Inſtruct and Teach Youth as Tutors and School-maſters, and have ſet up Schools and Seminaries for the Education of ſeveral Perſons in Reading, Scholaſtick, Academical or other Literature.—Whereby, if due and ſpeedy Remedy be not had, great Danger might enſue to this Church and State, for the making the ſaid recited Act more effectual, and for preventing the Danger aforeſaid,

Be it enacted by the Queen's moſt Excellent, &c. That every Perſon or Perſons who ſhall from and after the [...] Day of [...] next enſuing, keep any Publick or Private School or Seminary, or Teach or Inſtruct any Youth as Tutor or School-maſter, or School-miſtreſs, in Reading, Scholaſtick, Academical, or other Literature, within that Part of Great Britain called England, the Dominion of Wales, or Town of Berwick upon Tweed, before ſuch Perſon or Perſons ſhall have Subſcribed the Declaration or Acknowledgment before recited, and ſhall have had and obtain'd a Licence from the Reſpective Arch-biſhop or Biſhop, or Ordinary of the Place, under his [18] Seal of Office, for which the Party ſhall Pay [...] and no more: And in Caſe ſuch Perſon or Perſons ſhall be thereof convicted by the Oath of [...] or more credible Witneſs, or Witneſſes, before any [...] or more Juſtice or Juſtices of the Peace within any County, Riding, City, or Town Cor [...]rate, where ſuch Offence ſhall be committed in that Part of Great Britain called England; which Oath ſuch Juſtice or Juſtices are hereby impowered and required to Adminiſter and ſhall, and may. Provided always, and be it hereby enacted, That no Licence ſhall be granted by any Arch-biſhop. Biſhop, or Ordinary, unleſs the Perſon or Perſons who ſue for the ſame, ſhall produce a Certificate of his, her, or their having received the Sacrament according to the Uſage of the Church of England, in ſome Pariſh Church within the [...]pace of [...] next before Grant of ſuch Licence under the Hand of [...] [...]or until ſuch Perſon or Perſons ſhall have taken and ſubſcribed the Oaths of Allegiance, and Supremacy, and Abjuration, as appointed by Law, before the ſaid Arch-biſhop, Biſhop, or Ordinary; which ſaid Oaths the ſaid Arch-biſhop, Biſhop, or Ordinary are hereby impowe [...]d and required to Adminiſter. And be it [...] by the Authority aforeſaid, [...] Perſon who ſhall have obtain'd a [...] the Declaration, and taken and ſubſcribed the Oaths above appointed and ſhould at any Time after, during the [...] of his, her, or their keeping [19] any Publick or Private School or Seminary, or inſtructing any Youth a [...] Tutor or Schoolmaſter, in Reading, Scholaſtick, Academical, or other Literature, knowing or willingly reſort to, or be preſent at any Conventicle, Aſſembly, or Meeting, within England, Wales, or Town of Berwick on Tweed, for the Exerciſe of Religion in any other Manner than according to the Liturgy and Practice of the Church of England; or ſhall knowing or willingly be preſent at any Meeting or Aſſembly for the Exerciſe of Religion, altho' the Liturgy be there uſed, where Her Majeſty (whom God long preſerve) and the Princeſs Sophia, or ſuch others as ſhall from Time to Time be lawfully appointed to be pray'd for, ſhall not there be pray'd for in expreſs Words, according to the Liturgy of the Church of England, ſhall [...]

Provided always, That any Perſon who ſhall find him or themſelves aggrieved by any ſuch Judgment of the ſaid Juſtice or Juſtices, may appeal to the general Meeting of the Juſtices of the Peace of the next Quarter-Seſſions, to be held for the County, Riding, City, or Town Corporate, where the Offence ſhall have been committed; who are hereby impowered there and then finally to hear and determine the ſame, and no Certiorari ſhall be allowed to remove any Conviction, or other Proceeding for or concerning any Matter or Thing in this Act contained, but the Juſtice of Peace ſhall proceed thereupon, any ſuch Writ or Writs of Certiorari notwithſtanding. And be it further Enacted by the Authority [20] aforeſaid, That if any Perſon licenſed as aforeſaid ſhall Teach any other Catechiſm than the Catechiſm ſet forth in the Liturgy of the Church of England, or an Expoſition thereof allowed or hereafter to be allowed by the Biſhop of the Dioceſs, the Licence of ſuch Perſon ſhall from thenceforth be [...] and ſuch Perſon ſhall be liable to [...] And be it Enacted by the Authority aforeſaid, That it ſhall and may be lawful to and for the Biſhop of the Dioceſs, or other proper Ordinary, to cite any Perſon or Perſons whatſoevet keeping Schools or Seminaries, or Teaching without Licence as aforeſaid, and proceed againſt and puniſh ſuch Perſon or Perſons by Eccleſiaſtical Cenſure, this Act or any other Law to the contrary notwithſtanding. Provided always, That no Perſon offending againſt this Act ſhall be puniſhed twice for the ſame Offence.

Appendix B An ACT made in the First Year of the Reign of King William and Queen Mary, for Exempting Their Majesties Proteſtant Subjects, Diſſenting from the Church of England, from the Penalties of certain Laws.

[21]

FOraſmuch as ſome Eaſe to Scrupulous Conſciences in the Exerciſe of Religion may be an effectual Means to Unite Their Majeſties Proteſtant Subjects in Intereſt and Affection, Be it Enacted by the King and Queen's moſt Excellent Majeſties by and with the Advice and Conſent of the Lords Spiritual and Temporal and the Commons in this preſent Parliament Aſſembled, and by the Authority of the ſame, That neither the Statute made in the Three and twentieth Year of the Reign of the late Queen Elizabeth, Intituled, An Act to Retain the Queen's Majeſty's Subjects in their due Obedience; Nor the Statute made in the Twenty ninth Year of the ſaid Queen, Intituled, An Act for the more ſpeedy and due Execution of certain Branches of the Statute made in the Three and twentieth Year of the Queen's Majesty's Reign, viz. The aforeſaid Act, nor that Branch or Clauſe of a Statute made in the First Year of the Reign of the ſaid Queen, Intituled, An Act for the Uniformity of Common Prayer and Service in the Church, and Adminiſtration of the Sacraments; [22] whereby all Perſons having no Lawful or Reaſonable Excuſe to be Abſent, are required to Reſort to their Pariſh Church or Chappel, or ſome uſual Place where the Common Prayer ſhall be uſed upon Pain of Puniſhment by the Cenſures of the Church, and alſo upon Pain that every Perſon ſo Offending ſhall forfeit for every ſuch Offence Twelve Pence; Nor the Statute made in the Third Year of the Reign of the late King James the Firſt, Intituled, An Act for the better Diſcovering and Repreſſing Popiſh Recuſants; Nor that other Statute made in the ſame Year, Intituled, An Act to prevent and avoid Dangers which may grow by Popiſh Recuſants; Nor any other Law, or Statute of this Realm made againſt Papiſts or Popiſh Recuſants, Except the Statute made in the Five and twentieth Year of King Charles the Second, Intituled, An Act for preventing Dangers which may happen from Popiſh Recuſants; And except alſo the Statute made in the Thirtieth Year of the ſaid King Charles the Second, Intituled, An Act for the more Effectual Preſerving the King's Perſon and Government, by Diſabling Papists from Sitting in either Houſe of Parliament; Shall be Conſtrued to Extend to any Perſon or Perſons Diſſenting from the Church of England, that ſhall take the Oaths mentioned in a Statute made this preſent Parliament, Intituled, An Act for Removing and Preventing all Queſtions and Diſputes concerning the Aſſembling and Sitting of this preſent Parliament; And ſhall make and ſubſcribe the Declaration mentioned in a Statute made in the Thirtieth Year of the Reign of King Charles the Second, Intituled, [23] An Act to Prevent Papiſts from Sitting in either Houſe of Parliament; Which Oaths and Declaration, the Juſtices of Peace at the General Seſſions of the Peace to be held for the County or Place where ſuch Perſon ſhall live, are hereby Required to Tender and Adminiſter to ſuch Perſons as ſhall offer themſelves to Take, Make, and Subſcribe the ſame, and thereof to keep a Regiſter: And likewiſe none of the Perſons aforeſaid, ſhall give or pay as any Fee, or Reward to any Officer, or Officers belonging to the Court aforeſaid, above the Sum of Six pence, nor that more than once for his or their Entry of his taking the ſaid Oaths, and Making and Subſcribing the ſaid Declaration; Nor above the further Sum of Six pence for any Certificate of the ſame to be made out, and Signed by the Officer, or Officers of the ſaid Court.

And be it further Enacted by the Authority aforeſaid, That all and every Perſon and Perſons already Convicted, or Proſecuted in order to Conviction of Recufancy by Indictment, Information, Action of Debt, or otherwiſe grounded upon the aforeſaid Statutes, or any of them, that ſhall take the ſaid Oaths mentioned in the ſaid Statute made this preſent Parliament, and make and ſubſcribe the Declaration aforeſaid, in the Court of Exchequer, or Aſſizes or General, or Quarter-Seſſions to be held for the County where ſuch Perſon lives, and to be thence reſpectively Certified into the Exchequer, ſhall be thenceforth Exempted and Diſcharged from all the Penalties, Seizures, Forfeitures, Judgments and Executions, Incurred by Force of any the aforeſaid Statutes, without [24] any Compoſition, Fee or further Charge what ſoever.

And be it further Enacted by the Authority aforeſaid, That all and every Perſon and Perſons that ſhall as aforeſaid, take the ſaid Oaths, and make and ſubſcribe the Declaration aforeſaid, ſhall be liable to any Pains, Penalties, or Forfeitures, mentioned in an Act made in the Five and thirtieth Year of the Reign of the late Queen Elizabeth, Intituled, An Act to Retain the Queen's Majeſty's Subjects in their due Obedience; Nor in an Act made in the Two and twentieth Year of the Reign of the late King Charles the Second, Intituled, An Act to Prevent and Suppreſs Seditious Conventicles Nor ſhall any of the ſaid Perſons be Proſecuted in any Eccleſiaſtical Court, for or by reaſon of their Nonconforming to the Church of England.

Provided always, and be it Enacted by the Authority aforeſaid, That if any Aſſembly of Perſons Diſſenting from the Church of England ſhall be had in any Place for Religious Worſhip with the Doors Locked, Barred or Bolted during any Time of ſuch Meeting together, all and every Perſon or Perſons that ſhall come to and be at ſuch Meeting, ſhall not receive any Benefit from this Law, but be liable to all the Pains and Penalties of all the aforeſaid Laws recited in this Act for ſuch their Meeting, notwithſtanding his taking the Oaths, and his making, and ſubſcribing the Declaration aforeſaid.

Provided always, That nothing herein contained ſhall be Conſtrued to Exempt any of the Perſons aforeſaid from paying of Tythes or other [25] Parochial Duties, or any other Duties to the Church or Miniſter, nor from any Proſecution in any Eccleſiaſtical Court or elſewhere for the ſame.

And be it further Enacted by the Authority aforeſaid, That if any Perſon Diſſenting from the Church of England, as aforeſaid, ſhall hereafter be Choſen or otherwiſe Appointed to bear the Office of High Conſtable, or Petit Conſtable, Church Warden, Overſeer of the Poor, or any other Parochial or Ward Office, and ſuch Perſon ſhall Scruple to take upon him any of the ſaid Offices in regard of the Oaths, or any other Matters or Thing required by the Law to be taken or done in reſpect of ſuch Office, Every ſuch Perſon ſhall and may execute ſuch Office or Employment by a ſufficient Deputy, by him to be provided, that ſhall comply with the Laws on this Behalf.

Provided always the ſaid Deputy be Allowed and Approved by ſuch Perſon or Perſons, in ſuch manner as ſuch Officer or Officers reſpectively ſhould by Law have been Allowed and Approved.

And be it further Enacted by the Authority aforeſaid, That no Perſon Diſſenting from the Church of England in Holy Orders, or pretended Holy Orders, or pretending to Holy Orders, nor any Preacher or Teacher of any Congregation of Diſſenting Proteſtants, that ſhall make and ſubſcribe the Declaration aforeſaid, and take the ſaid Oaths at the General or Quarter Seſſions of the Peace to be held for the County, Town, Parts, or Diviſion where ſuch Perſon lives, which Court is hereby impowered [26] to adminiſter the ſame, and ſhall alſo Declare his Approbation of, and Subſcribe the Articles of Religion mentioned in the Statute made in the Thirteenth Year of the Reign of the late Queen Elizabeth, except the Thirty fourth, Thirty fifth, and Thirty ſixth, and theſe Words of the Twentieth Article, Viz. [The Church hath Power to decree Rites or Ceremonies, and Authority in Controverſies of Faith, and yet] ſhall be liable to any of the Pains or Penalties mentioned in an Act made in the Seventeenth Year of the Reign of King Charles the Second, Intituled, An Act for reſtraining Non-Conformists from inhabiting in Corporations; Nor the Penalties mentioned in the aforeſaid Act made in the Two and twentieth Year of his ſaid late Majeſty's Reign; for or by reaſon of ſuch Perſons preaching at any Meeting for the Exerciſe of Religion; Nor to the Penalties of One hundred Pounds mentioned in an Act made in the Thirteenth and Fourteenth of King Charles the Second, Intituled, An Act for the Uniformity of publick Prayers and Adminiſtration of Sacraments, and other Rites and Ceremonies: And for establiſhing the Form of Making, Ordaining and Conſecrating of Biſhops, Priests and Deacons in the Church of England, for Officiating in any Congregation for the Exerciſe of Religion permitted and allowed by this Act.

Provided alwiſe, That the Making and Subſcribing the ſaid Declaration, and the Taking the ſaid Oaths, and Making the Declaration of Approbation and Subſcription to the ſaid Articles, in Manner as aforeſaid, by every reſpective Perſon or Perſons herein before mentioned, [27] at ſuch General or Quarter Seſſions of the Peace, as aforeſaid, ſhall be then and there Entred of Record in the ſaid Court, for which Six Pence ſhall be paid to the Clerk of the Peace and no more.

Provided that ſuch Perſon ſhall not at any Time Preach in any Place, but with the Doors not Locked, Barred, or Bolted, as aforeſaid.

And whereas ſome Diſſenting Proteſtants Scruple the Baptizing of Infants, Be it Enacted by the Authority aforeſaid, That every Perſon in pretended Holy Orders, or pretending to Holy Orders, or Preacher, or Teacher, that ſhall Subſcribe the aforeſaid Articles of Religion, Except before Excepted, and alſo Except Part of the Seven and twentieth Article touching Infant Baptiſm, and ſhall take the ſaid Oaths, and Make and Subſcribe the Declaration aforeſaid, in manner aforeſaid, every ſuch Perſon ſhall enjoy all the Privileges, Benefits and Advantages which any other Diſſenting Miniſter, as aforeſaid, might have or enjoy by virtue of this Act.

And be it further Enacted by the Authority aforeſaid; That every Teacher or Preacher in Holy Orders, or pretended Holy Orders, that is a Miniſter, Preacher, or Teacher of a Congregation, that ſhall take the Oaths herein Required, and Make and Subſcribe the Declaration aforeſaid, And alſo Subſcribe ſuch of the aforeſaid Articles of the Church of England, as are Required by this Act in manner aforeſaid, ſhall be thenceforth Exempted from ſerving upon any Jury, or from being Choſen or Appointed to hear the Office of the Church [28] Warden, Overſeer of the Poor, or any other Parcenial or Ward Office, or other Office in any Hundred of any Shire, City, Town, Pariſh, Diviſion or Wapentake.

And be it further Enacted by the Authority aforeſaid. That every Juſtice of the Peace, may at any time hereafter Require any Perſon that goes to any Meeting for Exerciſe of Religion, to Make and Subſcribe the Declaration aforeſaid, and alſo to take the ſaid Oaths or Declaration of Fidelity herein after mentioned, in caſe ſuch Perſon Scruples the taking of an Oath, and upon Refuſal thereof ſuch Juſtice of the Peace is hereby Required to Commit ſuch Perſon to Priſon without Bail or Main prize, and to Certifie the Name of ſuch Perſon to the next General or Quarter Seſſions of the Peace to be held for that County, City, Town, Part or Diviſion where ſuch Perſon then Reſides, and if ſuch Perſon ſo Committed, ſhall upon a ſecond Tender at the General or Quarter Seſſions refuſe to Make and [...] the Declaration aforeſaid, [...] Perſons refuſing ſhall be then and there Recorded, and he ſhall be taken thenceforth to all [...] and Purpoſes, for a Popiſh Recuſant [...] and [...] accordingly, and incur all [...] Penalties and Forfeitures of all the aforeſaid Laws.

And wh [...]reas there are certain other Perſons, [...] the Church of England, [...] of any Oath, [...] it Enacted by the Authourity aforeſaid, That every ſuch Perſon ſhall Make and Subſcribe [29] the aforeſaid Declaration, and alſo this Declaration of Fedelity following, viz. ‘I A. B. Do Sincerely Promiſe and Solemnly Declare before God and the World, that I will be True and Faithful to King William and Queen Mary; And I do Solemnly Profeſs and Declare, that I do from my Heart Abhor, Deteſt and Renounce as Impions and Heretical, that damnable Doctrine and Poſition, That Princes Recommunicated or Deprived by the Pope, or any Authority of the Sec of Rome, may be Depoſed or Murthered by Their Subjects, or any other whatſoever. And I do Declare, that no Foreign Prince, Perſon, Prelate, State or Potentate hath, or ought to have any Power, Juriſdiction, Superimity, Preeminence or Authority Eccleſiaſtical or Spiritual within this Realm.’

And ſhall Subſcribe a Profeſſion of their Chriſtian Belief in theſe Words,‘I A. B. Profeſs Faith in God the Father, And in J [...]ſus Chriſt his Eternal Son, the true God, And in the Holy Spirit, one God bleſſed for evermore; And do acknowledge the Holy Scriptures of the Old and New Teſtament to be given by Divine Inſpiration.’

Which Declarations and Subſcription ſhall be made and Entered of Record at the General Quarter Seſſions of the Peace for the County, City, or Place where every ſuch Perſon ſhall then Reſide. And every ſuch Perſon that ſhall Make and Subſcribe the Two Declarations [30] and Profeſſion aforeſaid, being thereunto Required, ſhall be Exempted from all the Pains and Penalties of all and every the aforementioned Statutes made againſt Popiſh Recuſants, or Proteſtant Nonconformiſts, and alſo from the Penalties of an Act made in the Fifth Year of the Reign of the late Queen Elizabeth Intituled, An Act for the Aſſurance of the Queen's Royal Power over all Eſtates, and Subjects within Her Dominions; For or by reaſon of ſuch Perſons not taking or refuſing to take the Oath mentioned in the ſaid Act; And alſo from the Penalties of an Act made in the Thirteenth and Fourteenth Years of the Reign of King Charles the Second, Intituled, An Act for Preventing Miſchiefs that may ariſe by certain Perſons called Quakers, refuſing to take Lawful Oaths; And enjoy all other the Benefits, Privileges and Advantages under the like Limitations, Proviſos, and Conditions which any other Diſſenters ſhall, or ought to enjoy by Virtue of this Act.

Provided always, And be it Enacted by the Authority aforeſaid, That in caſe any Perſon ſhall refuſe to take the ſaid Oaths, when tendred to them, which every Juſtice of the Peace is hereby Impowered to do, ſuch Perſon ſhall not be admitted to Make and Subſcribe the Two Declarations aforeſaid, though required thereunto either before any Juſtice of the Peace, or the General or Quarter Seſſions before or after any Conviction of Popiſh Recuſancy, as aforeſaid, unleſs ſuch Perſon can within Thirty one Days after ſuch Tender of [31] the Declarations to him, produce Two ſufficient Proteſtant Witneſſes to Teſtify upon Oath that they believe him to be a Proteſtant Diſſenter, or a Certificate under the Hands of Four Proteſtants who are Conformable to the Church of England or have taken the Oaths or Subſcribed the Declration above mentioned, and ſhall alſo produce a Certificate under the Hands and Seals of Six or more ſufficient Men of the Congregation to which he belongs, owning him for one of them.

Provided alſo, and be it Enacted by the Authority aforeſaid, That until ſuch Certificate under the Hands of Six of his Congregation, as aforeſaid, be produced, and Two Proteſtant Witneſſes come to atteſt his being a Proteſtant Diſſenter, or a Certificate under the Hands of Four Proteſtants as aforeſaid, be produced, the Juſtice of the Peace ſhall, and hereby is Required to take a Recognizance with two Sureties in the Penal Sum of Fifty Pounds, to be [...]evyed of his Goods and Chattels, Lands and Tenements, to the Uſe of the King and Queen's Majeſties, Their Heirs and Succeſſors, for his producing the ſame, and if he cannot give ſuch Security, to Commit him to Priſon, there to remain until he has produced ſuch Certificates, or Two Witneſſes, as aforeſaid.

Provided always, and it is the true Intent and Meaning of this Act, That all the Laws made and provided for the frequenting of Divine Service on the Lord's Day commonly called Sunday, ſhall be ſtill in Force, and Executed againſt all Perſons that offend againſt the ſaid Laws, except ſuch Perſons come to ſome [32] Congregation or Aſſembly of Religious Worſhip, allowed or permitted by this Act.

Provided always, and be it further Enacted by the Authority aforeſaid, That neither this Act nor any Clauſe, Article, or Thing herein Contained ſhall Extend or be Conſtrued to Extend to give any Eaſe, Benefit, or Advantage to any Papiſt, or Popiſh Recuſant whatſoever; or any Perſon that ſhall deny in his Preaching or Writing the Doctrine of the Bleſſed Trinity, as it is Declared in the aforeſaid Articles of Religion.

Provided always, and be it Enacted by the Authority aforeſaid, That if any Perſon or Perſons, at any Time or Times after the Tenth Day of June do and ſhall willingly and of purpoſe, Maliciouſly or Contemptuouſly come into any Cathedral or Pariſh-church, Chappel, or other Congregation permitted by this Act, and Diſquiet or Diſturb the ſame, or miſuſe any I reacher or Teacher, ſuch Perſon or Perſons upon Proof thereof before any Juſtice of Peace, by Two or more ſufficient Witneſſes ſhall find Two Sureties to be bound by Recognizance in the Penal Sum of Fifty Pounds, and in Default of ſuch Sureties ſhall be Committed to [...]riſon, there to remain till the next General or Quarter Seſſions; And upon Conviction of the ſaid Offence at the ſaid General or Quarter Seſſions, ſhall ſuffer the Pain and Penalty of Twenty Pounds to the Uſe of the King and Queen's Majeſties, Their Heirs and Succeſſors.

Provided always, That no Congregation or Aſſembly for Religious Worſhip, ſhall be permitted [33] or allowed by this Act, until the Place of ſuch Meeting ſhall be Certified to the Biſhop of the Dioceſs, or to the Arch-deacon of that Arch-deaconry, or to the Juſtices of the Peace at the General or Quarter-Seſſions of the Peace for the County, City, or Place in which ſuch Meeting ſhall be Held, and Regiſtred, in in the ſaid Biſhops, or Arch-deacons Court reſpectively, or Recorded at the ſaid General or Quarter-Seſſions; The Regiſter or Clerk of the Peace whereof reſpectively is hereby Required to Regiſter the ſame, and to give Certificate thereof to ſuch Perſon as ſhall Demand the ſame, for which there ſhall be none greater Fee nor Reward taken than the Sum of Six Pence.

Appendix C QUERIES Humbly Propos'd to My LORDS the BISHOPS, upon Occaſion of the BILL now Depending in the HOUSE of PEERS, to prevent (as is pleaded) The Growth of Schiſm.

[34]

Query I. HOW Schiſm can be prevented, before 'tis clearly determined what it is? And whether thoſe Men canjuſtly be charged with it, who are united to the Common Head of the Chriſtian Church by Faith, and to all its Members by an hearty Love? And whether Diſſenters are not within the Church, as it is defin'd by the 19th Article of the Church of England; having the pure Word of God preach'd amongſt them, and the Sacraments duly adminiſtred according to Chriſt's Ordinance, in all Things that of Neceſſity are requiſite to the ſame?

II. HOW any National Church, as far as it is favour'd or warranted by the Holy Scriptures, which all Proteſtants own for their Rule, can be in any Real Danger from ſuch Perſons [35] as thoſe deſcrib'd, or from their being left at Liberty to Educate their Children in their own Way?

III. WHETHER it be not a Piece of Wiſdom to learn from our Enemies? And when even in the Romiſh Communion, notwithſtanding their High Pretenſions to Unity and Uniformity, there is yet a great Diverſity admitted amongſt their Religious Orders, why ſhould not Proteſtants inlarge and ſtrengthen themſelves, by encloſing All they can, in a Way of Forbearance, eſpecially when they heartily fall in with the ſame Civil Government?

IV. ARE not the French and Dutch Proteſtant Churches (to our great Satisfaction) allowed to Educate their own Children, without Diſhonour or Damage to the Church or State? And ſhall this Privilege be deny'd to Natives, that are Faithful and Peaceable, meerly becauſe they are Diſſenters?

V. WHETHER the treating ſuch as Schiſmaticks in the Reign of King Charles II. (to look no farther back) was not ſenſibly found to promote the Growth of Popery? And whether it may not reaſonably be expected, that a like Cauſe ſhould have a like Effect?

VI. WHETHER in the Reign that ſucceeded, it was not own'd by ſome Eminent Prelates of the Church, with Archbiſhop Sancroft at their Head, as well as by the Noble Marqueſs of Halifax, in his Letter to the Diſſenters, (in which ſo many eminent Perſons concurred, and which all at that Time applauded,) that too much Rigour had been us'd towards Perſons of the ſame Religion, for differing in ſmaller [36] Matters? And whether Promiſes were not then freely made, of a different Treatment and a better Temper for the Future, from the Pulpit and the Preſs, and in all Converſation?

VII. WHETHER the Biſhops that have been advanc'd to that Honour ſince the Revolution, who have generally been Perſons of the greateſt Eminence for their Worth and Moderation, have not met with more Reſpect from the Diſſenters, than from many who pretended to be zealous Members of their own Church? And whether it is a ſuitable Return for Perſons of their Lordſhips Candour, to deal more hardly by us as to our Children, than their Predeceſſors ever attempted to do by our Fathers, as to their Deſcendants?

VIII. WHETHER any Thing more tenderly affected the Proteſtants in France, than the denying them Liberty to Educate their Children in their own Principles? And whether that Method which has all along been repreſented as ſo ſevere in a Popiſh Prince, can never be fit to be countenanced by Proteſtant Biſhops, in a Proteſtant Country?

IX. WHETHER if Popery ſhould once more prevail among us, which ſome who are Ornaments to the Bench of Biſhops have owned to be no very remote Suppoſition, it would be a moſt grating Reflection when the Legiſlators ſhould demand the Education of the Children of all Proteſtants, to hear them inſinuate, That their Lordſhips had ſet them the Pattern, by demanding the Education of the Children of Diſſenters?

[37] X. WHETHER it can reaſonably be expected that they ſhould ever have the Courage to endure the Fiery Trial, (which is what, according to the foregoing Suppoſition they may be called to) who, by any Political Conſiderations, ſhould be kept from ſheltring the Innocent? And whether upon Suppoſition any Members of their own Church ſhould threaten them, if they acted according to the Principles by which they obtained their Preferments, it would not be more becoming to inform them better, and yield more Comfort to ſet them an Example of Steadineſs, than to harden and embolden them, by yielding to them in a Method of treating Brethren, that is neither Scriptural nor Rational?

XI. WHETHER it be ſeemly for Guides of the Church, to paſs ſuch a Cenſure upon the Aſſemblie's Catechiſm, as if it were not fit to be Taught, when there is nothing to be found in it, but what agrees with the Doctrine, and nothing that is oppoſite to the Government of their own Church? And how it can be reconcil'd with the Honour and Veracity of their Lordſhips to allow no other Catechiſm than that, which cannot be anſwer'd to with Truth by the Children of Diſſenters, who had no Godfathers or Godmothers to give them their Names, or promiſe for them?

XII. WHETHER the Eccleſiaſtical Courts have not from the firſt Reformation been own'd a great Grievance by the beſt Prelates and Members of the Church of England? Whether they have not upon Occaſion been freely inveigh'd againſt, by many who are at preſent on the [38] Biſhops bench? And, Whether there be any ſuch Evidence of their Amendment, as can juſtify their now concurring to ſupport and in courage them?

AND, Laſtly, WHETHER the paſſing ſuch a Bill into a Law, be not more likely to ſpread Animoſity, increaſe Uncharitableneſs, and perpetuate Diviſion, than prevent the Growth of what is call'd Schiſm? And, Whether this be not as evident, as that publickly branding a Body of Men, will inflame the Populace againſt them; and that Severity on the other Hand tends to exaſperate the Sufferers?

My Lords the Biſhops are earneſtly requeſted to take theſe Things into their ſerious Conſideration, by ſeveral of the Deſcendants of thoſe very Preſbyterians, who earneſtly ( tho' invain) implor'd the Compaſſion of their Predeceſſors in 1661; and by many that have join'd with them in waiting for the fulfilling their Promiſes in 1687 and 1688: And who moſt heartily beg of Almighty GOD, they may never fall into the ſame Extremities, or worſe, by having our Common Hopes, which depend upon the Proteſtant Succeſſion in the Illuſtrious Houſe of HANOVER, defeated, according to ſome Mens Deſires and Wiſhes, which we pray may never take Effect.

FINIS.
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Citation Suggestion for this Object
TextGrid Repository (2020). TEI. 4429 A brief survey of the legal liberties of the dissenters and how far the bill now depending consists with preserving the toleration inviolably wherein the present bill is published and also the Tole. University of Oxford Text Archive. . https://hdl.handle.net/21.T11991/0000-001A-623F-0