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A33959 A perfect guide for Protestant dissenters in case of prosecution upon any of the penal statutes made against them together with the statutes of 35 Eliz. and 22 Car. 2 at large : to which is added a post-script about ecclesiastical courts and prosecution in them. Care, Henry, 1646-1688. 1682 (1682) Wing C531; ESTC R5384 47,546 38

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presume to ascend the Pulpit with ex tempore Raptures For confirmation then that there is no need of using of Form and Order so the matter be the same there are many of the Disciples Prayers recorded in Scripture and there is no question to be made but that they were acceptable to God and yet we do not read they used the absolute Form prescribed by our Saviour but expressed themselves in other words though altogether agreeing for matter Upon the whole suppose this Question should be put Whether the Apostles did use any other Form than that which was taught them by Christ There is no doubt but the Answer will be They did not Put then this Question to the Informer Did the Dissenters use any other Prayers than what were agreeable to the Church of England In the first place 't is ten thousand to one whether he be a Competent judge If he be not he stakes his Conscience at a dreadful hazard for it behoves him to Swear positively in the Affirmative or else in justice his Information and all his hopes of Gain are lost And thus by a rigid Prosecution of uncharitable severity a necessitous and greedy wretch is brought to this tempting Dilemma either to Perjure himself or lose his Expectation Again The Liturgy it self is not always read altogether but on some days more on some days less The Dissenters perhaps use least of all yet they use some for they read the Reading Psalms A first and second Lesson and afterwards make use of Singing Psalms So then it being apparent that the degree of Comparison does not annihilate the subject of the Comparison it may be presumed that the Dissenters are present at their Conventicles positively according to the Liturgy of the Church of England Which things not being considered how uncharitably do they fall under the censure of Lavish and Inveterate Pulpits In the last place though it would be very unreasonable to disallow what has been already said yet should it be contradicted the next words or the practise of the Church will certainly give relief For it is the practice of the Church of England to Read and Sing the Psalms of David to read the first and second Lesson and so do the Dissenters many of them also militate under the same Ordination And if there be any that do not 't is presumed they might soon be better advised the refusal deserving reproof if they may be admitted being certainly to be look'd upon as an obstinate piece of weakness But which is more as to the Harmony of practice they use the same Sacraments though perhaps with some small difference in the Form and Ceremony of Administration which one would think might be easily reconciled without all this Combustion There is one thing more to be considered upon the account of Moral Equity That though the Act of Vniformity made in this His Majesties Raign it is here expresly declared That no other Form or Ceremony shall be used but what is prescribed in that Act or in the Book of Common Prayer Yet both by the Act and the Book it plainly appears that the Prosecutors of the Dissenters make no scruple to dissent from what is there Enacted while they use several Ceremonies that are not there and omit much of what is there as their going up and bowing to the Altar and reading second Service there Their coming out of the Pulpit and reading Part of the Communion Service in their Desks or at the Altar again and giving no Blessing at all in Pulpit Their setting the Communion Table Altar-wise Richly adorned at the East end of the Church whereas it ought to be placed either in the Body of the Church or in some convenient place Covered with a clean Linnen-Cloath Their Turning their Faces all of a Sudden to the East and bowing to the Name of Jesus and not at the Name of God or Christ These Dispensations argue an apparent Non-Conformity or Over-Conformity the same thing in strickness and partiality one among another So that it seems a Transgression not only against Charity but against Common Justice to prosecute those that do no more than only Non-Conform to those very Ceremonies which they themselves regard less of a publick Statute either neglect or over act at their own will and pleasure And for a further confirmation of the Nonconformity of our most Regular so pretending themselves Conformists point blank even against the very Law of the Land let them that please but consider how many there are that dispence with Non-Residence and Pluralities to the deteriment of many deserving persons that want and positively against the Statute of the 21 of H. 8. and yet no question but they would think it hard measure to be prosecuted upon that Law So Partial is a man to forgive those failings in himself which he Prosecutes in others However because all the meekness of Perswasion and Argument will not stop the Career of some mens Impetuosity in the Prosecution of this Act it will not be from the purpose to cast an Eye upon the Executive part of the Statute In order to which the most considerable Instructions are couched in the first and eleventh Section The Instructions of the first Section run thus That it shall and may be lawful to and for any one or more Iustices of the Peace within the limits c. Where such Offence shall be committed or for the Chief Magistrate of the Place or Corporation and upon proof of such Offence either by the Confession or Oath of two Witnesses or by Notorious Evidence and Circumstance of the Fact to make a Record under their Hands and Seals which Record shall to all intents c. be taken to be a full Conviction that thereupon the said Justices c. shall impose the sum of c. From which words it is clear that by this clause no power is given to any Magistrate to make out any general Warrant upon this Act till after Conviction by two Witnesses or Confession of the Offender Neither has any Constable to do with any such general Warrant in reference to this Act unless the Warrant grounded upon such a Record as is mention'd in the Act upon confession or proof and conviction of the Party by two Witnesses be given into his hands Whence arises this Question Whether any Constable or Head-borough that acts in relation to this Statute by vertue of a Power not Authorized by the literal words of the Law do not act at his own peril 2. Whether he shall incur any penalty for not doing that which the Law requires not at his Hands For by this part of the Law it is required only that the Witnesses should be the Informers But by general Warrants the Constables c. are compelled to turn Informers themselves and to find themselves work to accuse their Neighbours on purpose to find themselves yet more work to disturb and distrain upon their Goods and Persons A duty which the literal sense