Upon these acts many were prosecuted; but in the height of this proceeding, George Whitehead, Gilbert Latey, and others, solicited king Charles the Second in the behalf of their friends; which had such effect, that the king ordered stay of process in divers counties; yet afterwards the prosecution was continued till after his death, both as to imprisonment, as well as seizing of goods: and other old laws were also made use of: for in the 35th year of queen Elizabeth’s reign, when the Papists sometimes were forming plots against the queen, an act was made, containing the effect of this clause:
‘If any of above sixteen years of age shall be convicted to have absented themselves above a month from church, without any lawful cause, impugned the queen’s authority in causes ecclesiastical, or frequented conventicles, or persuaded others so to do, under pretence of exercise of religion, they shall be committed to prison, and there remain until they shall conform themselves, and make such open submission as hereafter shall be prescribed: and if within three months after such conviction, they refuse to conform, and submit themselves, being thereunto required by a justice of the peace, they shall in open assize, or sessions, abjure the realm: and if such abjuration happen to be before justices of the peace in sessions, they shall make certificate thereof at the next assize, or jail-delivery.’
‘And if such an offender refuse to abjure, or going away accordingly, doth return without the queen’s license, he shall be adjudged a felon, and shall not enjoy the benefit of clergy; but if before he be required to abjure, he makes his submission, the penalties aforesaid shall not be inflicted upon him.’
Though it may be supposed this act was made chiefly against Papists, yet some few of the Quakers, so called, had been prosecuted thereupon, which was for their lives; for if they had been willing to depart the realm, yet such, who for conscience-sake could not swear at all, could not oblige themselves by oath that they would do so. And this being very well known, it once happened, that one William Alexander, of Needham in Suffolk, being with several more indicted upon this act, was asked, ‘Guilty or not guilty?’ He not being hasty to answer, the judge said, ‘Why don’t you plead guilty or not guilty?’ To which Alexander replied, ‘What would’st thou advise us to plead?’ The judge, (who sometimes used to be severe enough,) said, ‘Do you ask my advice?’ ‘Yes,’ said Alexander. ‘Then,’ returned the judge, ‘you shall have it; and I’ll advise you to plead not guilty.’ So the prisoners accordingly pleaded not guilty. Then said the judge to the prosecutors, ‘Now you must prove these men, neither to have been at their own parish church, nor at any other church or chapel, else they are not within this act, which is a sanguinary law.’ Thus the judge carried on his discourse, to a discharge of Alexander and his friends from that severe indictment: for the prosecutors were not able to prove this with evidence, as the law required. One William Bennet, had also been long in prison at Edmondsbury in Suffolk, on this act, and one Richard Vickris near Bristol. But now I go back again.
After the demise of queen Elizabeth, when James the First had ascended the throne, the Papists still continued their wicked designs, of which the gunpowder plot may serve for an instance. To suppress therefore these malicious people, and for the better discovering of them, in the third year of that king’s reign, an act was made, in which was contained the following oath, which was to be taken by popish recusants:
‘I A. B. do truly and sincerely acknowledge, profess, testify, and declare in my conscience before God and the world, that our sovereign lord king James, is lawful and rightful king of this realm, and of all other his majesty’s dominions and countries; and that the pope, neither of himself, nor by any authority of the church, or see of Rome, or by any other means, with any other, hath any power or authority to depose the king, or to dispose of any of his majesty’s kingdoms or dominions, or to authorise any foreign prince to invade, or annoy him, or his countries, or to discharge any of his subjects from their allegiance and obedience to his majesty, or to give license or leave to any of them to bear arms, raise tumults, or to offer any violence or hurt to his majesty’s royal person, state, or government, or to any of his majesty’s subjects, within his majesty’s dominions. Also I do swear from my heart, that notwithstanding any declaration, or sentence of excommunication, or deprivation, made or granted, or to be made or granted, by the pope or his successors, or by any authority derived, or pretended to be derived from him or his see, against the said king, his heirs, or successors, or any absolution of the said subjects from their obedience, I will bear faith and true allegiance to his majesty, his heirs and successors, and him and them will defend to the uttermost of my power, against all conspiracies and attempts whatsoever, which shall be made against his or their persons, their crown and dignity, by reason or colour of any such sentence or declaration, or otherwise: and will do my best endeavour to disclose, and make known unto his majesty, his heirs and successors, all treasons, and traiterous conspiracies, which I shall know or hear of to be against him, or any of them. And I do further swear, that I do from my heart abhor, detest, and abjure, as impious and heretical, this damnable doctrine and position, that princes which be excommunicated, or deprived by the pope, may be deposed, or murdered by their subjects, or any other whatsoever. And I do believe, and in my conscience am resolved, that neither the pope, nor any person whatsoever, hath power to absolve me of this oath, or any part thereof, which I acknowledge by good and full authority to be lawfully ministered unto me, and do renounce all pardons and dispensations to the contrary. And all these things I do plainly and sincerely acknowledge, and swear according to the express words by me spoken, and according to the plain and common sense and understanding of the same words, without any equivocation, or mental evasion, or secret reservation whatsoever. And I do make this recognition and acknowledgment, heartily, willingly, and truly, upon the true faith of a Christian. So help me God.’
This oath, commonly called the oath of allegiance, was afterwards called by the name of the test; and the introduction of it makes mention of the gunpowder-plot, and signifies that this expedient was contrived to discover Papists; and yet many of the people called Quakers, have suffered thereby many years; for though they did not refuse to declare their allegiance, yet because it was well known they were not for swearing at all, this oath was continually made use of as a snare to imprison them. Now the punishment stated against these recusants, was a premunire: and how grievously many Quakers have been oppressed on that account, though not easily related, yet I may give instances in due places of several in the sequel. Other severe laws for persecution have been made since, as will be seen in their proper time.
At the close of this year, E. Burrough wrote a consolatory epistle to his fellow labourers in the ministry of the gospel, which I cannot omit to insert here, because it shows very evidently how valiant he was in the service of Truth, which epistle is as followeth: