A CONTINUATION Of a Former Just Appeal, From Lower COURTS on EARTH, To the Highest COURT in HEAVEN, IN THE Case of F. B. About his not Taking, The Oath of Allegiance, Under his Circumstances. I Have been four times already at the Bar in open Sessions at Old bailie, concerning this Case; an Account whereof has been given, as to the Matter of Fact, so far as I was suffered to speak in my own Defence, wherein somewhat also has been further presented to the Reader, as to the Matter of Right. The Ingenuous Peruser of these Lines is desired to allow me a Just Liberty of free using of this Additional Apologizing for myself, whereby to prevent his contracting of Guilt, if he should rashly Prejudge me or unjustly Condemn me, before he hear me, or duly weigh what I have to say. Having had a Promise from him who was the Mouth of those at the Bench, at the General Quarter-Sessions, that we should have a fair or full Hearing of our Cause at the next Sessions, myself, with others, who were Fellow-Prisoners about this Oath, we were Summoned to appear at Sessions-Court in Old bailie, vulgarly on the 17th day of the 11th Month, in the Year 1681/ 4. Where, being called to the outer Bar, I then heard little, and understood less, of what was spoken or done, only our Names being called, I observed some Jury-men sworn; whereupon we were bid to withdraw: After a while being brought to the outer Bar again, an Indictment was red against us, which one of the Judges discanted upon, and asked, Whether we would yet take the Oath of Allegiance? I craved leave to speak, though it was with some difficulty before I could obtain any liberty; I declared, that I was promised by those at the Bench, at the former Sessions, that I should have a fair or full hearing of my Cause. I excepted against the Indictment, as no True Record, which did make mention of my Answering downright and expressly, Not-Guilty, to their Question, of Guilty, or Not-Guilty? in that very form of words as they required; Whereas, I mentioned, that my Answer to that Question was, and I was still of the same judgement, That their Question was a Fallacy of many Questions, which did Call for more than one short Answer,( Of this more afterwards in this Paper) besides the several Untruths contained in the Indictment, as Obstinate Refusing, and that with Evil Designs, and for Bad Ends, and such like, or in words to that effect. I pleaded, That the Statute of the 3 Jac. 4, was not to be extended unto me, it being Enacted against Popish Recusants, of which Number I was not; The Title, the Preamble reciting the Occasion of that Act, to be the Powder Plot; about Eight Sections or more, expressly pointing out them, and them only. I could not swear, that the Oath was Lawfully ministered to me, because there was no Presentment, Indictment, Conviction, or a more private tendering of this Oath, before it was Required of me in open Sessions. That Interpretation of the Judges, That whoever took this Oath, was bound by virtue thereof, to go to Common Prayer, to Partake of the Sacraments, as by Law required, to go no more to Conventicles, and Obey all the King's Laws, made it Untakable by me, and would be many ways sin in me. I owned Christ to be my one and only Lord over my Conscience, and Law-giver to my Soul, and his written Word, Will, and Law, to be the one and the only Rule of my Faith, Worship, and Life; To whom, and to whose Word, I Referred myself and my Cause to be tried, and to no other, whom or whatsoever. This is in short the sum of what I could be suffered to speak, though I had much more to add, as will open itself in the following Discourse; But then was all Rejected, the Statute was not Examined upon this Case, neither were the Reasons and Arguments which were urged, either duly Considered or exactly Weighed: One of the Judges replying, That the Judges all along had given their Opinions, That the 3 Jac. 4. was to be Extended unto Protestant Diffenters; when the rest had given in their Answers, and the Judge had informed the Jury, that they ought to find us Guilty, which accordingly they did, we were dismissed for that time. On the 28th day of the same Month, we were called to the Sessions, to receive our Sentence. Being at the outer Bar, the Recorder, without asking, Whether we would yet take the Oath? Or whether we had any thing more to offer, why Sentence should not be given against us? after he had gone over several Expressions in the Indictment, which were not truly nor justly chargeable against and upon me, and having odiously aggravated the not taking of the Oath, with Reflections on Scruples of Conscience, he red the Sentence, That we were out of the Protection of the King; That all our Goods and Chattels were forfeited, during Life; That we were to Remain in Goal, during our Lives, or the King's Pleasure, or to that effect. Upon this I would have spoken, but in an uproar, Away with them; Put them from the Bar; We will not hear them: whilst some were thrusting me away, I spake aloud, The righteous LORD loveth Righteousness: The LORD be Judge in this Case: Lifting up one hand, and having my Bible in the other hand. Upon this we were returned to Newgate. Concerning this whole Proceeding, I shall take the liberty to affix some Animadversions. The Statute upon which I have been proceeded against at the Bar in all the fore-mentioned Appearings in open Court,( That, and that only, and no other so much as once mentioned in my hearing) is the 3d of King James, the 4th Chap. In the Oath of Allegiance, the taker of it is to Swear, That this Oath is lawfully ministered to him; which, if I understand it aright, has this meaning, ministered according to the Law of the Land, by due Order and Course of the Law, and according as that particular Statute has Prescribed. That this Oath, by virtue of the above-mentioned Statute, has not been in this sense lawfuly ministered to me, besides what has been already alleged, and declared by me, I have both General Exceptions, and Special Pleas, taken from the Statute itself, whereby to discover and demonstrate this. The main General Exception is, That 3 Jac. 4. was particularly, expressly, limitedly, and restrainedly, designed and declared to be made against Popish Recusants, and not against Protestant Dissenters; whereas although I am a Protestant Dissenter, yet I am not a Popish Recusant: Of this I have given sufficient Testimony in Preaching, in Printing, and in Practising. It is now about Seventy and eight Years since that Statute was Enacted;( and in so long a succession of Years, there are great Alterations in many weighty, material and efficient Causes, Forms, and Ends, besides other Circumstances relating to Oaths, in an Age or Ages of such growing Light, which do much vary and difference Cases) The Cause or Occasion of making that Law, was the Popish Powder-Plot, as is especially expressed in the Preamble. The Title of the Act, is, An Act for Discovering and Repressing Popish Recusants. The Preamble doth declare this Act to be designed and intended against Popish Recusants. The whole purport of it all along, is mainly, if not only, to Reinforce the Acts then in being against Popish Recusants; some of such coming to Church and hearing Divine Service,( as that Law phraseth it) to save the Penalties in the former Acts, and yet continuing Papists still in their hearts: Therefore by this Act they were further required to take the Sacrament( in both kinds, the Wine as well as the Bread) once a year, under several Penalties for each years refusal; 20 l. for the first years refusal; 40 l. for the second year; 60 l. for every years refusal afterwards. The express Words of this Act throughout, are against Popish Recusants, and those who Adhere in their Hearts to the Popish Religion, by infections drawn by the wicked and devilish Counsel of Jesuits, Seminaries, &c. who are ready to Entertain and Execute their Treasonable Conspiracies and Practices.( I never was, neither am I the man infected with any of these gross and dangerous Errors and Corruptions, either in Principle or in practise.) See the first, second, third, and fourth Sections of that Statute, and Sect. 11,& 12. One of those Sections doth require, That the Church-Wardens and Constables shall Present the monthly absence of all Pepish Recusants. This Act doth not bind them to Present any, but such None but such therefore can be legally prosecuted upon this Act, or any of the other Acts, which it doth refer unto,( as those of 23 Eliz. 1. and 29 Eliz. 6. and 1 Jac. 4. which Confirms all the former Statutes made against Popish Recusants in Queen Elizabeth's time) it is therefore a perverting of these Laws, at least of this, 3 Jac. 4. and it is altogether illegal, to prosecute Protestants on those Laws, which were Enacted only and wholly against Popish Recusants; and it is Reported, and Printed, that some of the learned and faithful Judges, have been heard, by judicious Lawyers, to Declare so much. This is further declared to be the true sense and Meaning, Intent and Design of these Statutes, by the judgement and Vote of the House of Commons( where are usually many able Lawyers Members of that House) on this very Case, Die Sabbathi( Note in the way, That the Law of England doth own and aclowledge no other day of the Week to be indeed and properly the weekly Sabbath day, but only the seventh, which is the last day in every Week) Sexto Novemb. Anno 1680. Resolved, Nemine Contradicente, not so much as any one of the whole House then met contradicting, That it is the Opinion of this House, That the Acts of Parliament made in the Reign of Queen Elizabeth and King James, against Popish Recusants, ought not to be Extended against Protestant Dissenters. If Judges and Justices will give forth their Opinion, and accordingly Execute quiter contrary to this Declared judgement of that whole House of Commons, let them bear with me, if I rather incline to their Interpretation of these Laws, than to the Opinion of any one single Judge, or to an whole Bench of Judges and Justices at a Sessions, contrary to what is so plain and express to the very Letter of the Law. At least, this can be no proper matter of an Oath for me to swear to, that it is lawfully ministered to me, whilst I have the concurrent, unanimous judgement of such and of so many to the contrary, besides the plain Grammatical sense in self-evidencing and express Words and Phrases; neither shall I entangle or wound my Conscience, or disturb my inward Peace, with such Snares and Fetters, whatever I may suffer from men. There are also several other Sections in that Statute, which do demonstrate it to turn its Edge against Popish Recusants: the 11th Section again expressly mentioneth, Superstition, and Popish Religion, and Relief of Jesuits, Seminaries, Popish Priests. The 17th Section doth declare against Travellers to serve foreign Princes, perverted in their Religion and Loyalty by Jesuits, and Fugitives, &c. This is Express in the same Section, in the Bond, or Condition of that Bond, Required of those who take any Military Office under a foreign Prince; It provides against being Reconciled to the Pope, or See of Rome, &c.( This is no Case at all of mine, I neither travail, nor seek such Office, nor shall ever be Reconciled to the usurping Pope, The Anomous One, or to Popish Blasphemies, heresies, Idolatries, or Prophanesses. The 19th Section is in express words against those, who Reconcile any Subject upon, or beyond the Seas, to the Pope, &c. The like may be found in Sect. 20, 21. The very next Act, 3 Jac. 5. has this Title, An Act to prevent and avoid Dangers which may grow by Popish recusants. Which is a further proof of designing those Laws only against such, that, if one Statute did not so reach them, or take hold of them, yet another might. The Particular Exception, or Special Plea, is, That there are many Pre-required Things, before the Tender of this Oath; none of which, that I know, or have heard of, have been observed in my Case. The Fourth Section of 3 Jac. 4. doth Require, That the Church-Wardens and Constables shall Present the monthly absence of all Popish Recusants; and this Act doth not bind them to Present any but such. I am altogether excluded out of the number of such, and therefore ought not to be prosecuted upon this Act. In the Second, Sixth and Seventh Sections, there must first be Indictment and Conviction, in case of such Popish Recusancy. No such method was taken in my case. What has been done since at a latter Sessions, is but an irregular superstructure founded upon a great error in the very foundation of the Justices imprisoning of me for not taking this Oath, so besides the Rules of their own Law. So in Sect. 8, 9, 10.( Lawful Conviction) 13, 15, 16. There must be presentments by Church-Wardens and Constables once every year at a general or quarter Sessions, Sect. 4. This was never brought into Court against me. All such Presentments are to be Accepted, Entred and Recorded in the said Sessions; and this against such Recusants, Section Fifth: What is this to me? If it be objected in Sect. 15. which is that Section which doth immediately follow the Oath, that no Indictment or Indictments, shall at any time hereafter be avoided, discharged or reversed, by reason of any default in form, or lack of form, or other defect whatsoever( other than by direct Traverse to the point of not coming to Church, or not receiving the Sacrament) whereof such person or persons( Popish Recusants still) hath been or shall be indicted, but the same Indictment shall stand in force, and be proceeded upon, any such default of form, or other defect whatsoever notwithstanding. I have not feed any counsellor at Law upon this, as not upon other points, in my Defence, neither have any of them given me Advice herein without a Fee: That little time which I have spent in my own Case, since I have been so handled at the Bar in Sessions, gives me light enough whereby to see, that if Men concerned in these Penal Statutes, did but exercise their own Reason in studying of such Laws so far as their Case is concerned in them, they might, were a fair hearing allowed them in Court, convincingly enough pled in their own defence. My Answer secretly suggested to me, is, that this Objection doth plainly prove, that an Indictment must go before the pressing of the Oath; which course has not been taken in the proceed against me: All the Profecutions in this Case must expressly be upon Indictment or Indictments, Sect. 16. the default in Form, or lack of Form, &c. doth relate to a preceding Indictment. Further, This Indictment must be to the point of not coming to Church, and not receiving the Sacrament: neither has this method been taken in my Case. In all my Appearings at the Sessions-Bar, this Question, is that which from first to last has been thrown out before me, Will you take the Oath of Allegiance, or not? Not. Have you, will you come to Church and receive the Sacrament? There has been no direct Traverse to those particular points of not coming to Church, or not receiving the Sacrament. These were never specified or expressed in my Case. As for what did pass at the last Sessions, concerning my Answer to that Question, Guilty, or Not Guilty? Any intelligent hearer, and serious considerer of what I returned by way of Reply thereunto at the Bar, or who has red the Account I have since given of that matter, may discern, that I declared their Question to be a Fallacy of many Questions, which no one Answer could reach the several Particulars contained therein; for there was the matter of fact in it: if by Guilty, they meant, Whether I would take it? In this part of the matter of fact, it was true, That I did not take it as they ministered it unto me: But that as they represented and worded it in the Indictment, as if it had been an Obstinate Refusal, and with, and for such and such bad Designs and Ends, and in such other expressions, this was false, and Guiltiness was not upon me in that respect. If further the Question do relate to the matter of Right, here as to this, The Rule which the imposers do mean of judging this matter of Right is the Law of the Land which they would have me submit to, and to comply with; even as to this, I still apprehended, that I am illegally and unrighteously dealt with by their own Laws and Rule, and so Guiltiness not chargeable upon me. As for that which I Own for my One and Only Rule of Faith, Worship, and Life, the Holy Scriptures of Truth, by which alone Judges themselves must shortly be Judged, and I ought to be Judged now and shall be hereafter, by this Rule I am cleared in the Court of God, and of Conscience: So that whatever the Clerks, at the direction of the Judge, do set down in their Books of Record, I intend no such matter as a Traverse, whereby to refer it to the opinion of any Juries; I wholly& only resign up myself& cause to be tried and determined by Christ the Holy Just Judge, and by his Word the Right unerring Rule. So that a Traverse is in no other sense to be extorted from me, as granted by me, then as I have declared, expressed and explained in what is affirmed and in what is denied, as to the point of the Indictment. Whatever the Forms of men be, I must keep to the Form of sound words in the Holy Scriptures of Truth. If those at the Bench do ask me whether I be guilty or not guilty, in not taking of this Oath under those circumstances, as it has been tendered unto me by virtue 3 Jacob 4. I can answer, I am not Guilty of any Crime in not so taking it, because it was not lawfully ministered unto me according to that Statute, which Statute is not to be extended to a Protestant Dissenter, being only enacted against Popish Recusants, and there having been no foregoing Presentment, Indictment, Conviction, nor more private tender of the Oath before it was brought into open Sessions, and yet that Oath requiring me to Swear that it hath been lawfully ministered unto me: Thus also if it were demanded of me, whether I were guilty or not guilty, in not taking of this Oath upon the Judges and Justices declaring it to be Law, that whoever took this Oath was thereby bound to go to Common-Prayer-Book-Service, to partake of the Sacrament, as by the Law in that respect it doth require, to go no more to Conventicle Meetings, and to obey all the Kings Laws, or Laws of the Land: I can answer, I am not guilty of any Crime, in not so taking the Oath upon such an interpretation; because, did I take it upon those Terms, it would be sin in me many ways. Did the Questions turn expressly punctually upon those Points of the Law, I could give a downright express Answer. I observe in some parts of their Law, that they keep strictly to such an Expression in some Indictments and otherways. It is Necessary to keep strictly to This or That Point in Law, otherways it is not valid; And my Apprehensions are, that this was the intent of the Law-Makers in requiring a Positive Answer to one or other of these questions, Guilty, or not Guilty? Upon a supposition, that the Indictment did turn upon some one single Point and Question: As if a murder be committed, and a person be Indicted for this; the question being asked, Guilty, or not Guilty: If he were not the murderer, he may Readily answer, not guilty: If he were the murderer, he may, being willing to give Glory unto God by confessing, Answer, Guilty, and I give up my life to Justice, the Just Judge of all having passed this Sentence in his Word; Whoso sheddeth mans blood, by man shall his Blood be shed; and if a land be defiled with Blood, it cannot be cleansed, but by the blood of him who shed it, and innocent blood Jehovah Aelohim will not pardon, as to this, the life of the Guilty must go for it. Thus if Goods be stolen from a man, and one suspected, be indicted for it, and the Question be put to him, Guilty, or not Guilty? If he be innocent, he may Answer not guilty; If he were the Thief, he may justify The LORD in finding out and discovering of his sin; and say Guilty, and I am ready to make Restitution, according to the Proportion set down in Christ's Word, or if I have not wherewith to make full satisfaction, let me be sold for amends. These Cases are clear; but, where the matter is of such various mixed matter, and of contrary natures and kinds, one answer cannot reach them all. Put it into other instances, and a Child of ten years of age may discover the Fallacy: Ask such a Child, are Men and Beasts reasonable Creatures, or are they not? Answer one way or other: The Child will answer, Men are reasonable Creatures, but Beasts are not reasonable Creatures. Ask him, are Snow and Coal, white or Black? Answer expressly in one answer, are they the one or the other? The young Lad will Reply, the Snow is White, but the Coal is Black. Any other answer, but by thus distinguishing, would be in part true, and in part false. I would refer this Matter to the judgement and Conscience of any sober, judicious Pagan, whether in this matter, I have not spoken and acted, according to the common reason of all Mankind. Much more should it be allowed me in England, who am a free born English-man, and much more yet in a Court where Christianity is owned, and where I am required to swear upon the true Faith of a Christian. An Oath, where duly administered, and necessary required, and where it is otherways lawful in the whole, and in all the parts of it, is yet so solemn an Invoking of, and Appeal to, the most high Jehovah Aelohim, that the swearer has need to revolve it over and over seven times( Shabang, Shebang, Shebugnah, so is somewhat of the Hebrew significancy) in his heart, and mind, with the most serious Meditations thoroughly to consider of it, before he take an Oath. And the more now by those, who have any tender sense of God's honour, and due regard to their own inward peace. How common is Cursing and Swearing, Blaspheming, and Self-damning, in the Mouths of who knows how many Thousands in London every day? The very Air in the Street is corrupted by it with its frequent Belchings from the bottonles Pit. Yet when almost is there any Penalty inflicted upon such black-mouth's Darers of the Just and Jealous God, to his very face? and even in Courts of Justice, as they would be name and called, a Spiritual Discerner may see not only how Customary and Formal, but how Irreverend and profane, how Atheistical and Infidel is the manner with divers in giving and taking of Oaths with a slopped New-Testament in their Mouths? But if one who feareth Jehovah, and who feareth an Oath comes before some Under-Officers, then it often is, Tender him the Oath; Will you swear? Bid him take the Oath: If not, then, Clerk, make his Mittimus; Take him, Jaylor; Away with him; A Rebel; A Seditious Person. I well remember, in my own Case, about twenty years since, when several Justices were requiring me to take an Oath, one of them set a great Bible before me, wherein was the Common Prayer bound up with it, who would have had me swear by the Contents of that Book; I suspected the Trap, and opening the Book, found the Common Prayer there, and so escaped the Snare. I leave the Reader to make a Comment upon it. I am further credibly informed, That lately, an Oath to answer unto what Interrogations should be asked of them, was required by an Officer to be taken by one or two Conventiclers, which in a fright they did take: whereupon they demanded of them, by virtue of that Oath, to tell them the Names of those whom they remembered to have been at that Conventicle; thus forcing them not only to be self-accusers, but further to act the Devil's part so far in being accusers of their Brethren: Whether this is tending and running it were fit to be considered, and the more for that the Oath, ex Officio, is laid aside by Law. Further yet; The Dissatisfaction under my Circumstances, doth still continue upon this account, that it was in the open Sessions declared as Law, where were four Judges present and several Justices, not one contradicting, whom I then did hear, or since have heard, Whoever took this Oath of Allegiance, he was by virtue thereof bound, and was actually under an obligation to go to Common Prayer, and to partake of the Sacrament, as the Law required, and was no more to go to such Conventicles for Worship, as the Law prohibited, and was to obey all the King's Laws, or Laws of the Land. If this be a true interpretation, and right declaration of the comprehensive meaning of this Oath, and if Judges at the Bench must be understood and admitted to be the speaking Law at the Bench in such Cases, so that I shall by constructive inferences, be concluded and condemned as guilty of branded Perjury, unless I actually do comform to, and comply with all these Terms, I must then live and die under the Censure and Sentence of not taking this Oath, if I continue faithful to those Scripture-Convictions which have been and are in their life, spirit and power with great authority and pressing weight upon me. As for going to the Common-Prayer-Book-Service, and partaking of the Sacrament, I have for these last full Twenty Years and more, been a Nonconformist thereunto; and for this I have suffered Ten Years( of those Twenty) Imprisonments for that Nonconformity; neither, that I remember, have I had one hours trouble in all those Ten Years, for my suffering in that Cause. And whether can I now go with any expectation to be clearly resolved to the contrary in this Point, after so long and so deep Researches about this Matter? As, Whether such an humanely-invented, instituted, stinted, imposed Worship, exclusive of all other kind of Worship, though never so Spiritual, and Glorious, and Heavenly, where the other is not used in a public Assembly, whether it be according to the Scriptural Administrations of Grace, especially now towards the Latterday-Glory? Whether it be suited to the New-Creature-State-Principles-Rules-Ends-Frames-Gifts-Graces-Experiences-Priviledges-Cases, &c. Whether it answer to the growing Believers life in Christ? To his distinctness of Communion with the Father as the Father, with the Son as the Son, with the Holy Spirit as such; in their several Offices and Works, as they each severally and all jointly stand related to such a Believer, and all this in the ascending degrees thereof? Whether it be fitted to the Jehovah-Essence in his peerless Perfections, and transcendent Properties? In sum, Whether it be not a Form of Worship, not only not commanded of Jehovah Elehim in his Word, but also forbidden by him therein; so that it hath neither Precept to require Obedience, nor Promise to encourage Faith, but prohibition to bid fear not to touch with it, what good firm ground can the actual Conformer to it, resort unto, especially under the Obligation of a Solemn Oath, from whence to expect either assistance from the holy spirit, or mediation by, through and for the Lord Jesus Christ, or acceptance with the Father, or a blessing from the One-Jehovah-Essence in these three susistences? But enough of this; For it may be, the bare Asking of such Questions will be adjudged Criminal by some. If the taking of this Oath would further take me off from the Exercise of my Ministerial Office in Public Assemblies peaceably met, managed, and dismissed, in order to the conversion of sinners, and edification of believers, unless I use the set human Forms of imposed Worship, I must still be a not taker of it, and must expose myself, if I had liberty, to the Penalties threatened against a Protestant Dissenter. I magnify my Office, though altogether unworthy of it: What my Call thereunto is, I have elsewhere given an Historical Narrative thereof. If besides all this, this Oath would lay a bond and burden upon my conscience to obey all the King's Laws, or Laws of the Land, especially if active comforming Obedience be that which is required and expected, I have already entred my Dissent and Exception in this Paper, as to some of those particular Laws; although there be divers other of those Laws, which since my Imprisonment at Newgate I have had opportunity to inquire more narrowly into, and am altogether dissatisfied about. Of what comprehensive unlimited latitude, the Laws mentioned, are, I cannot determine, whether it take in all the Laws of use in this Land, Common-Law, Statute Law, Civil-Law, Canon-Law, University-Law, Corporation-Law, or what Laws else, so far as I may be construed and interpnted to be concerned in them. That Man's Gullet must be very wide, who can swallow all this big Plum, at one go-down, without being choked with the ston. If this be undertaken by any to be answered thus, That it mattereth nothing what the four Judges and the other Justices at the Bench did openly declare to be Law, and the intendment of the Law in this Oath, as if the Statute and Oath meant no such thing: let such, if they will, debate the Case with those who have so at the Sessions declared their Opinion to be the Matter of Right. For although Judges do sometimes vary in their Judgments about the sense and Obligation of some particular Law, and Sir Edward cook himself, in his Books of Entries and Reports, does several times at the close of some weighty Case in point of Law, sand the Reader off, to a further research, without satisfaction or resolution, with a Seek further, Inquire more; which is one Reason with me, for which I cannot swear to Obey all those Laws, which are so crooked, so uncertain a Rule, made by Fallible-lying-Man: yet I would it were more narrowly and thoroughly considered in the present Case, what ground there may be in their Law, for such a sense as was declared at the Bench. This Oath of Allegiance, 3 Jac. 4. is expressly, 7 Jac. c. 6. called, The Oath of Obedience to the King; which, if I apprehended its sense, is according to the Laws; and how far, and no farther, that word, Obedience, doth reach, let it be researched. Besides, this very Statute of 3 Jac. 4. in the very Preamble of it doth expressly declare, its intent not to be satisfied with the bare taking of the Oath, unless also the Popish Recusants did go to Common-Prayer; neither was that enough, unless they did also partake of the Sacrament in both kinds, as the Law required and appointed; which in that day was the Discriminating Test, whereby to Discover a Papist from a Protestant, the Bread, or a Wafer only being allowed to the People, and the Wine only to the Priest; whereas Protestants by Principle and practise too, when they do partake of the Lord's Supper, do partake of both Bread and Wine; which is also a further proof, that that Statute is not to be extended unto Protestants, being only designed to unmask a Papist, and present him to open view. If a Popish Recusant did not then comform, he was to be Presented, Indicted, and Convicted, and the Indictment must be express to the Point of not Coming to Church, and not Partaking of the Sacrament. The Statute of 7 Jac. 6. which is an Act entitled, An Act who shall take the Oath of Obedience to the King, and by whom it shall be ministered, and within what time; in the last Section but two, it is expressly required, that the Oath of Allegiance be taken according to the Tenor and Effect of the said Oath, set forth in the Statute of 3 Jac. 4. and withal, that there be a Presentment, Indictment, and Conviction, for not coming to Church, and not receiving of the holy Communion and Sacrament. As for an Obligation to go no more to Conventicles, I find in the Book of Oaths, and the several Forms of them, both Ancient and Modern, Printed Anno 1649. That in several Oaths where Allegiance is required, and sworn, there also the taker of them is to swear, not only not to go to such Conventicles, but also to discover them. This and the rest that may follow, should have been well weighed, before such a Sentence had been pronounced. Doth our Law judge any man before it hear him, and know what he doth? John 7.51. So did Nicodemus rightly argue: before it hear with him, so is the significancy of the Phrase: Judges on the Bench should harken unto what the Prisoner at the Bar doth pled in his own defence, listening, whether he offer any thing, that might be indeed for his just vindication, Lev. 19.15. whereas if prejudice, partiality, or such like unmortified corruption, do sit upon the case to take all advantages against the Prisoner, and to invalidate whatever Apology he maketh, how can Justice, Justice be done? Let me here discover one Passage, about Twenty three Years since; I restored what I took not away, even Thirty Pounds, which I payed into the King's Exchequer, upon this Occasion: My Assistant in Gospel-work at Sherborn in Dorset-shire, where I then laboured, had an Augmentation out of the King's Revenues, though I never received one Penny of it, for I never took one Shilling of Maintenance by such like Augmentations; when I understood the Augmentation ran in my Name, I repaid it all to a Penny: And the Sentence passed upon me, has now requited that my tenderness of conscience, by sentemcing all my Goods to the King. I writ not this with the least murmuring discontented thought, but with Rejoicing and Triumphing under my present Sufferings, blessing the LORD for the joint mutual Witness of the Holy Spirit with mine, that it has been a true Testimony of a good Conscience, that has carried me out, and born me up, in this my Service and Suffering for Christ in this. Had it been by Oath to be bound to yield Obedience unto all Christ's Holy and Just Wills and Laws, revealed in the Scriptures of Truth, That would have carried its Letters commendatory along with it in one of the most eminent Examples: Compare Psal. 119. throughout, particularly v. 106. with Acts 13.22. The Obligation upon my conscience is to obey God rather than man, Acts 4.19. and 5.29. My Lord Christ will be the Author of my eternal salvation, if I obey him, Heb. 5.9. The Father will give me his holy spirit, if I obey him, Acts 5.32. All and every of the Laws of Jehovah Aelohim, are holy, just, and good, Rom. 7.12, 14, 16. Psal. 119. Psal. 19. 7-13. Christ is King of Kings, and LORD of Lords, Rev. 17.14. and 19.16. I shall be blessed, if I continue doing his Commandments, Rev. 22.14. He is the one and only Law-giver and Statute-maker, who is able to save or to destroy, Isa. 33.22. Matth. 23.8, 9, 10. Jam. 4.11, 12. Whereas, whoever he be, who so far hoodwinks and enslaves himself as to swear a blind universal Obedience to any mere Man or Men, and to all his or their Laws, will never be able to have such to be his everlashing Saviours, Psal. 49. 6-9. they can never bestow on him the unspeakable gift of the holy spirit, they cannot work an holy change upon his nature, they cannot justify him, they cannot sanctify him in body, soul, and spirit, they cannot make him and his services acceptable to Jehovah Elohim, they cannot heal his wounded counscience, or comfort his saddened, overwhelmed, oppressed heart. It was the provoking sin of those of the ten Tribes in Jereboam's time, that they so willingly walked after those commands of man, that were contrary to Christ's commands, Hosea 5.11. And Christ doth call that vain worshipping of him, which teacheth doctrines the Commandments of Men, Isa. 29.13. comparing Mark 7.7, 13. which is a manifest un LORDing both of Him, and of his Word, of his, and of its due Authority, whatever I may suffer from Men, I must witness a Good Confession against this Invading of Christ's Prerogative Royal, who is Absolute, Sovereign, and supreme, over all; all Power and Authority, both in Heaven and on Earth, being settled on him by Donation from his Father, and by the Anointing by his Holy Spirit, by virtue of his Mediatoral Office, Matth. 28.18, 19, 20. John 5.22, 23, 27.& 13.3.& 17.2. Whoever shall bring a doctrine quiter contrary to this Right of my only LORD and Saviour, though he should come in the Form, as of an Angel of Light from Heaven, or as of a Paul, he is not to be entertained by me, but to be declared against as an Anathema, I dare not hold Church-Communion with him, for, What were this, but with loud Acclamation, to set up a Sovereign Lord God, the Pope? Whereas that Royal Proclamation, which Christ's Special ambassadors, Heralds, and criers, must come forth with now towards the Latter-day-glory, is openly to declare, That the Goodliest of all mere human flesh, is but as withering grass, and a fading flower, a blast from the Spirit being upon it, so far as it doth extol itself against him, or above him, or equally with him, and doth stand in competition with him, and is in direct opposition against him; and Christ and his Word are alone to be exalted in this Day, he and it living and abiding for ever, Isa. 2.11, 12, 17.& 14. 9-17.& 40.6, 7, 8. 1 Pet. 1.23, 24, 25. Rev. 11.15. The due Order of the Depending Links in the Golden Chain of the Two Decalogical Tables, containing Jehovah Aelohim's holy, just and good Laws of the Ten Words, this should not be either Inverted or Perverted: The first Command of the Second Table, should not be set above, beyond, or before the four foregoing Precepts of the First Table: Man must come lower, and not exalt or extol himself equally with, much less above, beyond, or before Jehovah Aelohim. The first and great Commandment is, Thou shalt love the LORD thy God with all thy heart, and with all thy soul, and with all thy mind, and with all thy strength: The second is but like unto it, Thou shdlt love thy Neighbour as thyself, Matth. 22.36.40. Luke 10. 25-28. In short, He who will spare so much time as to red over a little forementioned Treatise, called, The Book of Oaths, which doth contain little, or nothing else, but several Forms of Oaths,( where the Expressions often are, To swear to Obey all the Laws, and in all and every thing and things; and sometimes, All manner of Statutes, Laws and Ordinances, Made or to be Made.) And will further examine the Oaths of caconical Obediences, the Oaths of colleges, Halls, Universities, and several other Corporations, with what other Oaths do relate to Dignified Officers and Degrees, if he red considerately, with an observing eye, to the Matter in hand, he may heap Expressions together which do self-evidencingly demonstrate, that to swear Obedience to all the Laws of this Land, at least unto those Laws which do respect their Places of Trust, doth run into a Multitude of Oaths. Let those whose carnal compliances do put them on upon signing of a cautionary Bond, lay this more to heart; for they, thereby, voluntarily give their hand,( See 1 Chron. 29.24. in the Margin) to Obey all the King's Laws, all the Laws of the Church, which was a Bond framed and formed in times of gross Popery, and was upon a Supposition of an After-Actual Conformity to all the Idolatrous, Superstitious Laws, by those who had sworn Blind Allegiance and Obedience to the Pope their supreme Head. And I take notice of a further Passage, in the Indictment of one Thomas De Lawn,( now a Prisoner in Newgate) at the last Sessions; that being Accused for Writing, and causing to be Printed, somewhat against the Book of Common-Prayer, his Crime from thence, laid to his charge, is, That he hath, in so doing, gone contrary to his due Allegiance, and against the Crown and Dignity of the King, for which he is Fined; And if so, I cannot foresee what by the new grammar of the Times, may be so construed against me, if I did take this Oath. In sum therefore, I being, Neh. 6.18. Bagnal Shebugnah, Lord of an Oath, having Dominion over it, as to a taking, or not taking of it, it being in that respect subjected to me, which no man can force upon me, but it must be my own voluntary Act, or Refusal, I cannot therefore, as so Illegally ministered, and so Judicially interpnted, take it, but must in the Supplies of the Holy Spirit, patiently, quietly, cheerfully, thankfully compose my whole Man, to a ready Taking up, and willing Bearing of my further across, Glorying therein in thus following of my Lord and Master, Men having been resolved upon it, to put me out of the Protection of Man, and Mans Laws, and to bring me under Confiscations and Imprisonments; Christ has secured me of my being the more under his Special Care and Custody, he hath promised me an hundred fold more now, and Eternal Life in the Best World, and a Liberty of Glory with Himself, with Father, Son, and Holy Spirit; The whole of this Case, issueth into this Sweet Meditation, Holy Resolution, and Free Self-Resignation, Jehovah my Aelohim himself, do with me, and for me, and by me, or suffer others to do against me, what seemeth Good in His Eyes. Francis Bampfield. From Newgate-Prison; where my Imprisonment, with other former Imprisonments in other Goals, for the sake of Christ and his Word, has now filled up Ten complete Years; All the Glory be to Him! vulgarly 20 d. of 11 m. 1683/ 4. FINIS.