THE CASE OF Protestant Dissenters, OF LATE PROSECUTED, On old Statutes made against PAPISTS and POPISH RECUSANTS;  
The two thirds of whose Estates are Seized into the KING'S Hands, and the Profits thereof Levied Yearly.  
And many other Prosecuted for 20 l. a Month, to the Ruin of many Families.  
LONDON, Printed for Ben. Clark in George-Yard , 1680.   

THE CASE OF Protestant Dissenters, etc.  
IT'S not unknown, That amongst other Sufferings of Protestant Dissenters, this late Prosecution on old Statutes made and designed against Papists and Popish Recusants hath not been the Least, and that which makes it appear the more strange, is That from the making of the said Statutes in the time of Q. Eliz. until within the space of 4 or 5 Years last passed: The like Prosecution of Protestant Dissenters hath not been known. Besides; which the very Statutes themselves, upon which Protestant Dissenters are thus Prosecuted, appear to be designed against Popery and Popish Recusants only, however now extended, and the severity thereof executed chief on Protestant Dissenters.  
And that the said Statutes, when made, were designed against Papists, and not against Protestants, will appear by examination of the Preambles and Purport of the same,  
And observe The Statutes upon which Protestant Dissenters are thus of late Prosecuted, convicted for 20 l a Month, and two thirds of their Estates seized into the King's Hands, are three (viz.) the 23d. and 28th. of Eliz. and the 3d. of K. James.  
1st. As to the first of these (viz.) that of the 23d. of Eliz. It is entitled, An Act to retain the Queen's Majesty's Subjects in their due Obedience.  
And what subjects those were, who in those days were disobedient, and stood in need of this Act, History and Tradition can well inform; but besides that, the Preamble of the Act will plainly evidence. Which runs thus,  
Where since the Statute made in the 13th. Year of the Reign of the Queen our Sovereign Lady, Entitled, An Act against the bringing in and putting in execution of Bulls, Writings and Instruments, and other superstitious Things from the See of Rome, divers evil-affected Persons have practised, contrary to the meaning of the said Statutes, by other means then by Bulls and Instruments, Written or Printed, to withdraw divers the Queen's Majesty's Subjects from their natural Obedience to obey the said usurped Authority of Rome, and in respect of the same to persuade great numbers to withdraw their due Obedience from Her Majesty's Laws, etc.  
For reformation whereof, and to declare the true meaning of the said Law, Be it Declared and Enacted, by the Authority of this present Parliament, That all Persons, etc.  
In this Preamble we may clearly understand a double or twofold end, for which this Statute was made and provided (viz.) for Reformation and Information. 

1st. For Reformation (viz.) of such who withdrew the Queen's Subjects from their natural Obedience to the usurped Authority of Rome, as the preceding Words are.  
2dly, For Information in these Words (viz.) To declare the true meaning of the said Law (viz.) the Law of the 13th. of the Queen, which the said Statute recites, which said Law was provided against bringing in and putting in execution of Bulls, Writings, Instruments and other superstitious Things from the See of Rome.    
And if we read the said Statute, it gives an account, That those Bulls were brought from Rome to absolve and reconcile such who forsook their Obedience to the Queen, to yield and subject themselves to the Pope's usurped Authority.  
So the Design of the said Statute was to prohibit such Bulls on pain of High-Treason, and to prohibit the bringing into the Realm Tokens or Things called Agnus Dei, Crosses, Pictures, Beads, and such like vain and superstitious Things, which being consecrated by the Pope, etc. divers Immunities and Exemptions were said to be granted. As that Statute words it.  
So that this Statute of the 23d. of Eliz. appears to be a Supplementary Act, and Explanatory, of the 13 of the said Queen against the bringing in of Bulls, Agnus Dei, Crosses, etc. and therein also provides against Withdrawing any the Queen's Subjects to the Romish Religion (which that Age conceived so dangerous.)  
So that they first make it Treason to withdraw any from the Queen's Obedience or Religion (then established) to the Romish Religion, or to obey the Authority of the See of Rome, or other Prince.  
They 2dly. make it Treason to be reconciled or drawn to the Romish Religion.  
They 3ly. make it Misprision of Treason to be Aiders, Maintainers or Concealers of such as persuaded others to withdraw themselves.  
They 4ly. provide the Penalty of 200 Marks, and a Years Imprisonment, for such as shall Say or Sing Mass, and then Enact generally;  
5ly. That all Persons above the age of 16 Years, which shall not repair to Church once a Month, shall forfeit for every Month 20 l. Upon which is the present Prosecution against Protestants.  
Now it's very evident by the Statute of the 13th. of the Queen, and by this of the 23d. f the Queen, That 

1st. The ffences provided against by these Statutes were the bringing in of Bulls, Agnus Dei's, Crosses, Pictures, Beads and such like vain and superstitious Things.  
2ly. The Persons offending were the Importers or Spreaders thereof; Persons persuading or withdrawing others, or themselves to the Romish Religion, or See of Rome, and Sayers and Singers of Mass. And to be Aiders or Maintainers of such.    
So we conceive the Execution thereof was never intended, and hope (by such Provision as the Parliament in Wisdom shall see meet) will not be extended to Protestant Dissenters, as of late years it hath been, contrary to all former Usage and Practice.  
And that these Words All Persons, shall be such only, whom the Statute in express Words and Terms complains of, as only dangerous; and by such Pains and Penalties thereby intended to be reformed.  
The 2d. Statute on which such Prosecutions against Protestants are grounded is, that of the 28th. of the Queen; the Title bespeaks it what it is (viz.) An Act for the speedy Execution of certain Franches made in the 23d. Year of the Queen— which is the Act to retain the Queen's Majesty's Subjects in their due Obedience. The same which is before repeated. And provides against fraudulent Conveyances which might be made to defraud the Q. of her 20 l. per Mensem. And orders the Conviction to be returned into the Exchequer, and process to be made out thence to collect it, or for Nonpayment, two 3ds. of their real Estate to be seized into the Queen's Hands, etc.  
So that until the 3d. of King James (a time memorable to all Protestants, for the great Deliverance from the Gun-Powder-Plot) the former Laws continued without alteration or supplement. And in the 3d. of that King's Reign was made a Statute, Entitled, An Act for the better discovering and repressing Popish Recusants. Which is the third Statute on which are prosecuted Protestant Dissenters, by the whole series of which Statute it will appear, that Protestants were intended to be secured, but never intended to be prosecuted by it, as they are of late days.  
And I may repeat the preamble of the Statute, which will sufficintly Evidence the Intent and Design thereof.  
Which runs thus, (viz.) 
 FOrasmuch as it is found by daily Experience, that many his Majesty's Subjects that adhere in their Hearts to the Popish Religion, by the infection drawn from thence, and by the Wicked and Devilish Council of Jesuits, Seminaries and other like Persons, dangerous to the Church and State; are so far perverted in point of their Loyalty, and due Allegiance unto the King's Majesty, and the Crown of England, as they are ready to entertain and execute any treasonable Conspiracies and Practices, as evidently appeareth by that more than Barbarous and Horrible attempt to have blown up with Gunpowder the King, Queen, Prince, Lords and Commons, in the Parliament Assembled; tending to the utter Subversion of the whole State, lately taken by the instigation of Jesuits and Seminaries, and in advancement of their Religion, by their Scholars taught and instructed by them to that purpose: Which attempt by the only Goodness of Almighty God was discovered and defeated. And where divers Persons Popishly-affected, do nevertheless (the better to cover and hid their false Hearts, and with more safety to attend the Opportunity to execute their mischievous Designs) repair sometimes to Church to escape the punishment of the Laws in that behalf provided!  
For the better discovery therefore of such Persons and their Evil-affections to the King's Majesty and the State of this His Realm; to the end, that being known, their Evil-purposes may be the better prevented. Be it Enacted by, etc. That every Popish-Recusant convict, or hereafter to be convicted, etc.  
In which there is no mention made of other than Popish-Recusants not one Word of Protestant Dissenters, or Recusants, or other Dissenters or Recusants then Popish only. Besides, inquire into the Statute.  
It provides, that Popish Recusants conformed, or afterward to conform, should once a Month take the Sacrament of the Lord's Supper in their Parish-Church, as in §. 2d. Inflicts the Penalties of 20 l. 1st. year, 40 l. the 2d. and 60 l. the 3d. year for such Popish Recusanss not receiving the Sacrament, as in §: 3d.  
It Enacts that the Churchwardens and Constables of every Town, &c, for the time being; or if none, the chief Constable of the Hundred, etc. shall present the Names of all Popish Recusants, and the Children of the said Recusants, of 16 years old, as in §. 4th.  
4ly. This Statute of the 3d. of K James, recites the aforesaid Statute of 23. Eliz. by which the said Recusants (viz) Popish, forfeit the 20 l. per Mensem, as in §. 10.  
5ly. And also recites the aforesaid Statute of 28 Eliz. directing how the Q. should recover the 20 l. per mensem, by seizure of two 3ds. of the real Estate of such convicted Recusants. After which recital, it is therein alleged, that the 20 l. per mensem is a Burden to the poor, and ease to the rich; who keep large Estates in their own hands which (as says the Statute) they do for the most part employ [as Experience hath taught] In the maintenance of Superstition and Popish Religion, and to the relief of Jesuits, Seminaries, Priests and other dangerous Persons to the State. And—  
So it's clearly aparent by the delineation and explanation of Offender and Offences throughout this Statute.  
As 1st. Offenders (viz.) Jesuits, Seminaries, and such like persons, dangerous to Church and State, Persons Popishly-affected, adhering in their Hearts to the Popish Religion— To cover and hid their false Hearts, and the better, and with more safety to attend their mischievous Designs, repair sometimes to Church, etc. Persons ready to execute any Treasonable Conspiracies and Practices.  
2ly. Their Offences or Designs (viz.) That horrible Attempt to blow up with Gunpowder the King, Queen, Prince, Lords and Commons in Parliament. And this to advance their Religion, and to Subvert Church and State.  
And so throughout the whole Statute, the Persons enjoined to take the Sacrament, to be presented by Constables, and such like, are Papists, persons Popishly-affected, adhering to the Popish Religion and Popish Recusants.  
By all which we hope it clearly appears, That those Statutes were intended against Popish Recusants only, and not against Protestant Dissenters or Recusants in general, nor any other than Popish, and hope that the Prosecution of Protestant Dissenters (as they have been of late) is and now at present are, an extending the sense of those Statutes beyond Right Reason, and the intent of the Lawmakers.— All which is submitted to the Judgement of the Parliament Assembled, to Consider and Redress, as they in Wisdom shall see meet.  

And this following Declaration is humbly offered as a Test to distinguish between PROTESTANTS and PAPISTS.  
I A. B. Do Solemnly and in good Conscience Profess, Testify, and Declare, that I do not believe that the Church of Rome, or Papal Church, is the true Church, out of which there is no Salvation; or that the Pope or Bishop of Rome is Christ's Vicar, or head of the true Catholic Church on Earth; or that either he or the See of Rome, hath any Authority Derived from Christ or his Apostles, to be head of the true Catholic Church. Or that the Pope or the See of Rome jointly or severally hath any Jurisdiction or Supremacy over the said Catholic Church in general, or myself in particular; or that the Pope hath any Power to depose Princes, or to absolve Subjects of their Allegiance, on any account whatsoever; or that it belongeth to the Pope or Authority of the Church or See of Rome, to be sole Judge of Spiritual matters, or of the sense of Holy Scriptures; or that the Pope or his Clergy hath power to Pardon Sins, past, present, or to come, or to grant or give Indulgences for Sin of any kind soever; or that their Doctrine of Purgatory, or Prayer to or for the Dead, is according to the Doctrine of the Holy Scriptures; or the Virgin Mary, or any other Saint or Angels ought to be Worshipped or prayed unto, or are Mediators between God and Man; there being no Mediator but Christ Jesus only. Or that the Elements of Bread and Wine, at or after the Priest hath pronounced his Words of Consecration, are Transubstantiated, or the whole or any part of the substance of the Bread or Wine, is at all changed into the Flesh or Blood of Christ, or that the Sacrifice of the Mass as it is now said to be used in the Church of Rome, is other then Superstitious and Idolatrous.  
And I do solemnly in the Presence of God, Profess and Declare, that I do make this Declaration, and every part thereof, in the plain and ordinary sense of the Word read unto me; As they are commonly understood by English Protestants, without any Evasion, Equivocation, or Mental Reservation whatsoever; And without any Dispensation already granted me for this purpose by the Pope, or any other Authority, or Person whatsoever, and without any hope of any such Dispensation, from any Person or Authority whatsoever, or without thinking that I am or can be acquitted before God or Man, or Absolved of this Declaration, or any part thereof; Although the Pope, or any other Person or Persons, or Power whatsoever, should dispense with or pretend to annul the same or declare that it was null and void from the beginning.