Ecclesiastical History of England, Volume 3—The Church of the Restoration [part 1]Stoughton, John
History
Ecclesiastical History of England, Volume 3—The Church of the Restoration [part 1]
Stoughton, John
Great Britain -- Church history
A difference of opinion arose amongst Nonconformists respecting the
course to be pursued in relation to the Five Mile Act. Some were
willing to take the oath in a qualified sense. Bridgeman, Chief Justice
of the Court of Common Plea[491] and other Judges explained the words
in the oath, "I will not at any time _endeavour_ any alteration of
Government, either in Church or State," to mean an _unlawful_
endeavour. With this qualification afforded by high legal authorities,
some distinguished Nonconformists submitted to the statute. About
twenty ministers in the City of London took the oath, including Dr.
Bates; and about twelve in Devonshire, including John Howe. Bates
argued, that the word _endeavour_ might be construed in a qualified
sense, according to the preface of the Act, its congruity with other
laws, the testimony of members of Parliament,[492] and the concurrent
opinion of the Judges. When he, with others, presented himself before
their Lordships, Bridgeman courteously observed, "Gentlemen, I
perceive you are come to take the oath. I am glad of it. The intent
of it is to distinguish between the King's good subjects, and those
who are mentioned in the Act, and to prevent seditious and tumultuous
endeavours to alter the Government." One of the ministers, Mr. Clarke,
replied, "In this sense we take it;" upon which Lord Keeling, the same
who introduced the Bill of Uniformity, said in a hasty tone, "Will you
take the oath as the Parliament has appointed it?" Bates replied, "My
Lord, we are come hither to attest our loyalty, and to declare, we will
not seditiously endeavour to alter the Government." When the oath had
been administered, Keeling proceeded with great vehemence to interpret
what they had done as involving the renunciation of the Covenant, "that
damnable oath," as he politely termed it, "which sticks between the
teeth of so many." He hoped, as there was one King and one faith, so
there would be one Government, and that if these ministers did not now
conform, what they had just done would be considered as meant "to save
a stake."[493] The ministers retired with sadness, without noticing the
insult.
[Sidenote: 1665.]
A certain interpretation being admitted by the Court, there could be no
charge of dishonest evasion against those who, in such a way, publicly
declared their construction of the words. Yet they really substituted
another declaration for that which was required by the law; and those
who allowed the substitution actually set the law aside. The law was no
doubt unjust; and to correct the injustice an unnatural sense was put
upon its terms. But notwithstanding this kind of sophistry--so often
practised even by people who are straightforward in other ways--the
pledge of obedience which the Nonconformists gave, sufficed to show the
intense cruelty of treating such men as if they had been rebels.[494]
Public-domain text, read in full here on John Shaqi.
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