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ID Title Author Corrected Date of Publication (TCP Date of Publication) STC Words Pages
A65679 The ignoramus justices being an answer to the order of sessions at Hick's-Hall, bearing the date the 13th of January, 1681, wherein it plainly appears the said order is against law : also a short account of all the acts that relate to Protestant dissenters at this day in force against them ... : and also an account of such acts as are in force against popish recusants ... : and hereunto is also added a brief account of the penalties and forfeitures of those acts ... / by Drawde Kekatihw. Whitaker, Edward. 1681 (1681) Wing W1702; ESTC R30190 20,947 22

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Punishment for one and the same Fact but that they shall be prosecuted by them first and then Excommunicated and then pay 12 d. a week all at a time To shew their Error and better inform their Judgments if they please to consider all Laws made for or concerning any such Church-matters do provide That if the Parties offending be once punished by the Civil Magistrate or once punished by the Church-Censures the Party so punished by either of them shall plead to the other Court that he was Sued or Prosecuted before in another Court for the same thing which Plea shall abate the Action or Libel To prove this you will find it Enacted in the very Statute the Order mentions 1 Eliz. Cap. 2. Sect. 24. And since we are now upon this Act as a farther Confirmation of what has been before touched on That the Justices as a Court of Sessions have no Power to act upon the Conventicle Act there being in that Act no power given them in that Act aforesaid so to do as in other Acts there is to confirm it further in this Act of 1 Eliz. there is a Clause on purpose That the Justices of Oyer and Terminer and Gaol-Delivery and Sessions of the Peace shall have power in their Sessions to hear and determine all Offences committed against that Act. And if those Justices of Middlesex can find such a Clause in the Conventicle-Act then undoubtedly they are right and their Orders of Sessions and General Warrants of Sessions good but unless they can produce such a power in that Act I am sure their Orders and Warrants are Illegal and Arbitrary But as to the Union mentioned hereof the Protestants and the Charity they intend to the Poor by gathering the Forfeitures of the Act to be given to the Poor Was it ever known before that Force and Prosecution of Penal Laws against one another was a way to Union Doth not Natural Reason tell us That English-men are to be dealt with by Lenity Persuasion and strong Arguments Force did never yet work upon English-men but Flattery hath And doth these Justices think That because they are intrusted with the Peace of Middlesex they are intrusted with the Souls Minds and Consciences of Men Now if they have that Trust too then I confess all is well and an Union will be had by their forcing without doubt otherwise not But I have this reason to believe that an Union cannot be had this way by prosecuting Men because I well know that if their Commissions were as large again as they are yet they cannot force Love and Union nor they cannot make a Man believe by Force though they may make a Man for Fear say he believes And as to their Charity and Good-works as they call it of prosecuting the Conventiclers for not coming to Church it cannot sink into any reasonable Mans brains that the Poor will be much the better for that Charity which comes by Blood that is the forcing of Mens Consciences methinks it looks like strange Charity But as to the two Acts mentioned that of 1 Eliz. and 3 Jacobi and all other Acts that are made against Popish Recusants which are now by these Justices and divers others designed to serve a turn against Dissenting Protestants from the Church of England in defiance of the thing called Parliaments for they have declared the Laws before-mentioned and all others made against Popish Recusants ought not to be put in Execution against the Protestant Dissenters and to be farther assured of that see the Vote viz. Sabbati sexto die Novembris 1680. Resolved Nemine Contradicente That it is the Opinion of this House That the Acts of Parliament made in the Reigns of Queen Elizabeth and King James against Popish Recusants ought not to be extended against Protestant Dissenters But we must have a care too that the naming of Parliament Votes especially the House of Commons do not make worse for the Protestant Cause for in Truth the House of Commons have been so run down that for any one now to but speak of them or their good Votes and Intentions is to be stigmatized for a down-right Disloyal Person Well then since those Laws are threatned to be turned against Protestant Dissenters from the Church of England which Church was made by an Act of Parliament called the Act of Uniformity in the 13th and 14th of this King it may not be amiss to understand them what they are and how many they are See St … 13 and Car. 2. and the occasion of making them against the Papist that so the Protestants may make the better Defence against them if those Justices or any other shall make use of them as this Order seems to drive at We will begin with the first which is that mentioned in the Order viz. 1 Eliz. cap. 2. c. This Act was made immediately after the Queens coming to the Crown when she found nothing but Papists and Protestants in general for the word Puritan in those days was not known the light was not then so clear but she being a good Protestant and resolved to support that Religion with her wise Council cast about how to do it that the indifferent and moderate sort of Papists might not be disgusted and frightned from a closing with the Protestant Religion and therefore on mature deliberation it was concluded to go on gently as to the Reformation and not throw off all the Superstitious Ceremonies at once and therefore having a Pattern of Protestant Discipline made in King Edwards time she follows those Steps as near as may be in the beginning grafting upon King Ed. 6 Stock or rather Foundation which he by his wise and honest Councel layd and therefore the first Act she passed was to take off the Jurisdiction of the See of Rome and all coercive Power whatsoever from Ecclesiastical Persons and all was annext to the Imperial Crown of England so the Act 1 Eliz. cap. 1. The Title of that Act is viz. An Act to restore to the Crown the Antient Jurisdiction over the Estate Ecclesiastical and Spiritual and abolishing all Forreign Powers Repugnant to the same And in this Act power is given to the Queen to grant Commissions under the Broad Seal of England to such Bishops and Laymen as she should appoint to hold Ecclesiastical Courts and none might do it without upon pain of a Premunire see more of this Sect 15 16 17 18. and by this Act was repealed all Laws made in the time of Queen Mary for setling the Popes Authority in England The next Act was that mentioned in the Order which is called viz. An Act of Vniformity and Common Prayer and Service in the Church and Administration of the Sacraments Now this Common Prayer Book was composed and taken out of the Mass used before Ed. 6. Time and the way that was then taken to bring the Papists over to conform to it was to tell them as in truth it was but the Mass turned