Benjamin Hoadly, the newly-appointed bishop of Bangor, scented the opportunity and wrote a speedy and able reply, Preservative against the Principles and Practices of Non-Jurors, in which his own Erastian position was recommended and sincerity proposed as the only test of truth.
There is also a provision that only three-fourths of the jurors may be required to agree to a verdict in civil cases, although the legislature has the power to require by statute a unanimous agreement.
In 1368 an inquisition was taken to ascertain these privileges, and the jurors found that the burgesses held "all the soil of their borough yielding 7s.
It will be observed that the legality of the trial, in so far as the jurors were not properly qualified and the law of treason was shamefully strained, was denied in the act of William & Mary which annulled the attainder.
Accordingly, he took his place among the non-jurors, and, as he stood firm to his refusal, he was, in August 1691, superseded in his bishopric by Dr Kidder, dean of Peterborough.