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A51204 The Magistrates monitor, or, Several considerations & observations upon the Act against seditious conventicles humbly offered to the serious consideration of all judges, justices of the peace and other inferiour officers concern'd in the prosecution of Protestant dissenters and submitted to the judgment of all conforming and nonconforming Protestants. 1682 (1682) Wing M252; ESTC R26791 14,677 18

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Act Committed within London which any Justice of Peace hath by this Act in any County of England and shall be subject to the penalties and punishments for not doing that which by this Act is directed to be done by any Justice of Peace in England Observ 1. That every Alderman of London whether past the Chair or not is empowered by this Act to act as a Justice of the Peace in Examining Convicting and Punnishing all Offences against this Act committed within London Observ 2. That forasmuch as all the Aldermen of the City of London are not Justices of the peace so as to act in all Cases of the Laws in general therefore he that hath only a power to act by this Law had need take the greater care that he do not Act contrary to the Rules and Directions plainly Expressed in the aforesaid Act viz. That he doth not prosecute godly meetings instead of Seditious meetings nor prosecute quiet and peaceable meetings as if they were contrivers of insurrections Ninteenth particular to be considered in the aforesaid Act That if a Feme-covert cohabiting with her husband be the offender and be eonvict as afore said the penalties of Five and Ten shillings shall be levied upon the Goods and Chattles of the Husband Observ That no higher then Ten shillings fine can be imposed upon a wife living with her husband the sum of Ten Pounds cannot be imposed and levied upon the Husbands goods and Chattles for the offence of other persons Twentieth particular Provided that no Peer of this Realm shall be attached or imprisoned by vertue or force of this Act. Observ This is some kind of favour to the person of a Peer more then to the person of a Commoner as is also Extended to the house of a Peer in another part of this Act. One and twentieth particular to be considered That neither this Act nor any thing contained therein shall Extend to invalidate or avoid his Majesties Supremacy in Ecclesiastical Affairs Observ From hence it doth appear that the Lords and Commons assembled in Parliament were very careful to preserve the Supremacy or Power of his Majesty in Ecclesiasticall affairs and therefore none ought to improve stretch or strain any Expressions in this Act so as to intrench upon that Power of the King as may be more fully understood in the following and concluding words of this Act. Two and twentieth particular But that His Majesty and his Heirs and Successours may from time to time at all times hereafter Exercise and Enjoy all Powers and Authorities in Ecclesiastical affairs as fully and as amply as himself or any of his Predecessours have or might have done the same any thing in this Act notwithstanding From hence observe Observ 1. That this Act doth own and allow his Majesty hath Power and Authority in Ecclesiasticall Affairs Observ 2. That his Majesty may from time to time and at all times hereafter Exercise this his power and authority in Ecclesiasticall affairs as fully and as amply as himself or any of his Predecessours have or might have done Now this power of his Majesty is not only a power to bestow and confer Ecclesiastical Dignities and Preferments on whomsoever his Majesty shall think sit but it is also a power of abating restraning or suspending the severity of procedings in respect to matters of Conscience which his Majesty was gratiously pleased to declare as his Royal mind in his Declaration from Breda April 4. 14. 1660. in these very words We do declare a liberty to tender Consciences and that no man shall be disquieted or called in question for differences of opinion in matters of Religion which do not disturb the peace of the Kingdom and that We shall be ready to consent to such an Act of Parliment as upon mature deliberation shall be offered to Vs for the full grantiog that Indulgence But besides this Royal Promise of his Majesty from Breda and since the Act against seditious Conventicles hath been made and too fiercely prosecuted against the Protestant Dissenters His Majesty was gratiously pleased to take into his Princely compassionate consideration the severities his loving subjects had long laboured and groaned under and therefore did assert and resolve the excercise of his power in Ecclesiastical matters as may be plainly seen in His Majestyes Declaration to all his loving Subjects published by the advice of his Privy Councel March 15 1676. in these very words page 1. But it being evident by the sad experience of twelve yeares that there is very little fruit of all those forceable courses We think Our Self obliged to make use of that supream power in Ecclesiastical matters which is not only inherent in Vs but hath been declared and Recognised to be so by several Statutes and Acts of Parliament and therefore We do issue this Our Declaration as well for the quieting the minds of Our good Subjects in these points as for inviting strangers in this conjuncture to come and live under us and for the better incouragement of all to a chearfull following their Trade and Callings from whence we hope by the blessing of God to have many good and happy advantages to our Government And in page 5. of the aforesaid Declaration the King is pleased to declare as followeth We do in the next place declare Our will and pleasure to be That the Execution of all and all manner of Penal Laws in matters Ecclesiastical against whatsoever sort of Nonconformists or Recusants be immediately suspended and they are suspended and all Judges Judges of Assiize and Gaol-delivery Sheriffs Justices of the peace Mayors Bailiffs and other Officers whatsoever whether Ecclesiastical or Civil are to take notice of it and pay due obedience thereunto And besides all this the Lords and Commons assembled in Parliament did lately take into their wise consideration the distresses of many of His Majesties Protestant Subjects who to their great damage had greatly suffered by the prosecution of the 36 Elizabeth and had prepared a Bill to free His Majesties Protestant Subjects from being prosecuted by that Law but that Bill unhappyly miscaried and came not to His Majesties hand and so His Majesty missed of the opportunity to make a great performance of what he had so long ago promised at Breda to give his Royal Assent by consent of Parliament to such Acts as might be for relieving his Subjects of Tender conscience Therefore to conclude let these few things be soberly inquired into 1. Whether the Protestant Dissenters have not now as much need of liberty of conscience as when His Majesty did promise it from Breda 2. Whether the granting liberty of conscience now will not be as much for the incouraging of strangers to come under His Majesties government and for the quieting the minds of his Majesties Subjects as also for the encouragement of Trade in the whole Kingdom as when his Majesty declared an indulgence to all sorts of his Protestant Subjects in the year Seventy One 3. Whether it is not more Feizable now seeing the Lords and Commons lately assembled in Parliament were willing to walk in this good path which his Majesty so long ago shew'd his willingness to lead them 4. Whether the Succoring and Protecting of the Persecuted French Protestants and Prosecuting of English Protestants doth harmonize and agree together 5. Whether Protestants Persecuting of Protestants in England 〈◊〉 the best way to convince the French Papists of their Sin in Persecuting the Protestants in France 6. Whether the Conforming Protestants in England if they 〈◊〉 faithful to Protestant Principles will not suffer the same miseries vi● ●●●nging and Burning as the Nonconforming-Protestants may if ever 〈◊〉 should get uppermost in England 7. Whether it be not best for all such as are in danger of 〈◊〉 ● bloody Enemy to live together and love one another as Brethren London Printed for Richard Janeway 1682.