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, ...

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, ...

Table of contents

Title page

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

The BILL against Schism.

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.

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.

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

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.

[Page] 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.

[Page] 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 [Page] 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 [Page] 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.

[Page] 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 [Page] 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.’

[Page] 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 [Page] 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, [Page] 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, [Page] 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.

[Page] 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 [Page] 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.

FINIS.

§

§

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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.

The BILL against Schism.

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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 [Page] 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 [Page] 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 [Page] 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 [Page] 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.

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.

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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; [Page] 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, [Page] 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 [Page] 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 [Page] 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 [Page] 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, [Page] 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 [Page] 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 [Page] 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 [Page] 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 [Page] 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 [Page] 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 [Page] 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.

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.

[Page]

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 [Page] 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 [Page] 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?

[Page] 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 [Page] 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.

Information about this book

Title statement

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, ...

Defoe, Daniel, 1661?-1731.

Publication

Publisher

University of Michigan Library

Place of publication

Ann Arbor, Michigan

Date

2009 April

ID [DLPS]

004840450

ID [ESTC]

T65939

ID [DOCNO]

CW105056195

ID [TCP]

K056679.000

ID [GALEDOCNO]

CW3305056195

ID [CONTENTSET]

ECSS

ID [IMAGESETID]

0655802200

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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, ..., Defoe, Daniel, 1661?-1731..

Extent

38p. ; 8⁰.

re-printed in the year,. Edinburgh :: 1714.. (Anonymous. By Daniel Defoe.) (The Toleration Act is I. William and Mary .c.18.) (Reproduction of original from the British Library.) (Moore, 279) (English Short Title Catalog, ESTCT65939.) (Electronic data. Farmington Hills, Mich. : Thomson Gale, 2003. Page image (PNG). Digitized image of the microfilm version produced in Woodbridge, CT by Research Publications, 1982-2002 (later known as Primary Source Microfilm, an imprint of the Gale Group).)

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