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A41882 The Great case of the justices stated and determined touching their duty of putting the laws in execution, whether dissenters were indulg'd or not, or, A discourse concerning the oath of the justice of peace, explaining the extent of its obligation : being a case universally seasonable, in regard to righteousness, peace, and the prosperity of this nation. 1688 (1688) Wing G1672; ESTC R43213 15,063 84

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THE GREAT CASE OF THE JUSTICES Stated and Determined TOUCHING Their Duty of putting the Laws in Execution whether Dissenters were Indulg'd or Not. OR A DISCOURSE concerning the OATH of the Iustice of Peace explaining the Extent of its Obligation Being a Case universally seasonable in regard to Righteousness Peace and the Prosperity of this Nation Published with Allowance London Printed by W. D. ●nd are to be Sold by Randal Taylor 1688. ligation upon them to the Execution of the Statutes of the Realm having once Sworn thereunto notwithstanding the King's Declaration for Indulgence being short of a Law so that upon Supposition an Information was Legally brought they could not forbear doing as they did formerly without having an Ill Conscience And if there were no Volubility in Humane Affairs to Disturb the Dissenters in the Possession of their present Freedom but that they might think themselves so Safe and Inviolable as to be out of Fear That what Hath been May be again Yet were it a thing insufferable for a Dissertation upon this Subject which is so Elaborate being Written with such Care in weighing every thing it sets down with so much feeling Tenderness and pondered Moderation with such an Acumen yet Calmness of Stile and which hath been so well Advised and Supervised by the most Judicious of any I know to be Cast away and become as Water spilt on the Ground which cannot be gathered up But if on the contrary there be many Justices of that Perswasion and amongst a new set of Aldermen and Justices there are some likely to be more Tender in a point of Conscience than They Then must this Discourse be absolutely Necessary at present in regard to Such And if the Fire that is pent up does but Burn more vehemently so that when the Indignation breaks out it is likely to rage more furiously for the Restraint And if the Lives of Princes especially when they are Benign and Good are not certain to be longer than other Mortals Besides a multitude of other Accidents of Life that go to the turning about that Wheel which makes those Persons and Things that are at the Top now to be like to be at the Bottom again at another Season Then doth it seem Convenient also for Others that we imitate the Provident Housholder who sets down a Profitable Receipt in his Book for an Occasion hereafter though at present never a one of his Family hath need of it This Case Reader is a Case of very great Moment and Difficulty and the Determination Singular for so would it have been judged undoubtedly if it bad come out at another Time But the Author has so mannaged it laying his Foundation so sure as he goes and then raising his Structure so evenly upon it that what is Difficult he hath made appear Easie and that which is Peculiar he hath made appear as Common so that every Body will be ready to say He would have determined the Point just so himself when there is a great deal more Study Learning and Judgment goes into the Matter than comes to Anothers share to be Master of I will note a few things There is one short Paragraph in the Book let the Reader find it himself which states that Ticklish Point of the King's Power about the Laws He has written so Castigately on it distinguishing the Negative and Positive Power and offering his Notion in regard to the Publick Good the Supream Law that I think so compendious and clear a Determination is not any where else to be found I will by way of Confirmation thereof add this Story Not long before the Death of the Late King the Justices were sending Mr. Richard Baxter to Prison but He out of his kind Nature being told That it would kill the good Man sent word immediately he should be forborn Should the King have Controuled the Law to his Hurt it had been Tyranny but when it was done only for his Good with out hurt to any who is there will not justify the King's assuming Power over Law and Justices both in that matter To Vsurp Authority over the Law only for the sake of a Man's self as to take our Mony without a Parliament were the greatest Latrociny and which our King does abhor who hath declared for his Subjects Property as well as Liberty But for a King to declare his Pleasure that He will have all his Subjects be Happy and Enjoy their Consciences so long as the Publick receives no Detriment by it and to that end will forbear to Execute such and such a Particular Law or Laws which appears to him prejudicial thereunto I must say after this Grave Author That this being a thing altogether for the Welfare of his People and not for his Personal Benefit He must be said to Govern still According to Law seeing He does Act by the Supream Law to which all Others are Subordinate according to the Profound Determination of that Paragraph Another thing I will note in regard to the Candor of this Gentleman who no doubt does Write in Favour of the Dissenters could not be pleased with any Cause or Party who were for Persecution Yet does he very purposely Vindicate the Church of England her Liturgy and the Law from the abuse of such Justices and cursed Informers who as they dealt with many People did make them worse than Mahumatism while they pressed Them only to militate against the Sober Exercise of the the unquestionable duties of Christianity This Author will not have That which is barely the Fault of the One to be Imputed to the Other Reader I have no room to proceed to any further Note but commit this Piece to Thy Hands as a Jewel in my Opinion THE Justices CASE THERE was a Book I cannot tell just how many Years agoe but it was at a time I remember when the Fanaticks were not troubled which together with some other Books was put out de industria toward the raising a Storm upon such People the Contents whereof came to this That the Oaths of the late Times the Covenant the Negative Oath the Engagement were unlawful and not to be kept but the Oath which the Justices of Peace take is unquestionable and must oblige And if they do not therefore Execute the Law to their utmost upon the Dissenter they are Perjur'd Persons and must every Man of them for ought I could see by that Book be inevitably Damn'd I am very apprehensive That His Majesties Justices of Peace throughout the Realm are little beholding to any Men for such Discourses If they were to be supposed of that profligate Conscience that they thought they might Swear any thing and not be obliged to Perform what they Swear then might such a Book be Serviceable though not so much I hope as barely Reading over the Third Commandment But if there be any thing of Judgment or Discernment required in an undertaking of that Nature to yield the Reader the expected Fruit of
or read the Scripture or a Licensed Book or Sing a Psalm if they will at the end of their Supper If any one then shall go to turn the Law and Church against God by threatning Godly Persons for doing these things and would seduce the Justice to Prosecute them for it with Mulcts and Imprisonment let the Accusation be heard Is it for the meer number of such that meet that they must be made Criminal or for the Faultiness of the Thing that they meet about It cannot be for the meer number because there are more allowed to meet at a Play-House a Sessions-House an Exchange at an Horse-Race a Cock-Match a Bull-Baiting a a Bear-Baiting an Hunting an Execution in the Street in a Ship. It must be the unlawful Exercise then must make it a Crime or nothing for to lawful Exercises no Limits are set And what I pray then is that If it be only reading God's Word to more than Four besides the Family that is not unlawful nor a Licensed Book no nor Repeating a Sermon for where does the Law or Liturgy forbid either of them If Men Meet to call themselves adistinct Church and to form Rules of Discipline and Impeach the Government or Liturgy This indeed the Canon forbids and makes it the Character of a Conventicle and so expounds the Name Tutors may Catechize more at once than Four and more than Four may joyn in Prayer If a God-Father have Four and Four God-Children may he not after they are Sixteen Years of Age Exhort them together to perform their Vow which he made in their Name at Baptism May not more than Four together give God Thanks at a Table More than Four Travel together or Visit and are they forbidden Religious Conference to Edifie one another Should the Church or Law forbid this what were the Church but an Anti-Church and the Law the Devil's Militia to Fight against Piety and Mens Salvation Well then The Church and Law not forbidding but allowing these things I come in the next place to inquire how the Justice will proceed for I will conceive him to be a Man of Temper who acts with Prudence and Righteousness with Care and Conscience in what he does If any Witness will Swear only in general That above Four met for Religious Exercises in other manner than the Church and Law alloweth either they must Swear also what that unlawful Exercise was or they do not If not the Liberties of English-Men are brought to a sine pass when two Persons that list may take them away and undo Folks at their Will. Is it thus besides in all the Courts of Justice Do they Hang Men as Felons when any will but Swear that they are Felons and never tell what they Stole nor from whom Will the Lords Condemn a Peer for Treason if two will Swear that he spake Treason and never tell what Words he spake Will the Church excommunicate a Man if two will Swear that he is a Murderer but cannot tell of any body he Murdered Turks and Heathens abhor such doings as we abhor Toads and Snakes If they Swear what the unlawful Exercise was it is supposed they are but Witnesses and Accusers and not the Judges If every Woman or Beggar that can but Swear does become a Judge whether the Religious Acts of Lords Knights Minister and People be according to the Law and Church or not when they know not what the Law and Church is it were far better be among Serpents and Tygers than for People to have their Estates and Lives at the Will of such Persons for who dare then displease any Beggar Rogue or Servant It is not the Accuser therefore but the Justice is Judge and he must Examine the Witness seeing else he must become but a Register or Executioner and that must be of two things What the unlawful Exercise was as is already Suggested and how the Witness knoweth it He must examine first What the unlawful Exercise was If they say now There was a Meeting and plead Notoriety of Fact So is there at a Play at a Market in a Ship and other such greater Meetings as are before-named If they say There was Notoriety of a Religious Meeting So is there in all Church-Meetings in Meetings only for House-Prayer Holy Conference Grace at Table and the like not forbidden which are also before touched At Doctors-Commons they do meet about Admonishing Excommunicating Absolving and these are certainly Religious Exercises of Grand Importance and yet performed without reading Common-Prayer Either the Crime that Men are Accused for is Omission of something required or Commission of somewhat forbidden The Omission of the Liturgy cannot here be Criminal because the reading That is required in Church Worship but it is not imposed on Private Persons and Places Families Converse or Occasional Meetings And there is no Crime of Commission because neither the bare number of Men nor any of these Exercises before-named and supposed only here used are forbidden If they say That the Law forbids not above Four to be at a Play a Tavern a Feast but it forbids all above Four of another House to be at any Religious Meeting it is a Slander for the Law never forbid more than Four to be at Any Religious Exercise but Forbidden Exercises which differ from the Church Liturgy and Practice which none of the fore-mentioned Exercises do The other thing the Witness must be Examined upon is How they know the Accusation to be true And if it be Omission of the Liturgy that they Swear they must Swear they were present from first to last else they cannot Swear that it was not Read and Men must not be Judged and Ruined upon Presumptions and Opinions of others without Proof If part of the Liturgy is said to be omitted even in Church they must Swear which Part. But if they be Crimes of Commission that are Sworn the Words and Deeds must be recited with all that is Integral to the Sense before any Judgment can be given It is against all Humanity Law or Reason that any Man should be refused to speak for himself and see his Accusers Face to Face and know what they are and have leave to put Interrogatories to them If you reply That Leave to know the Accusers and Witness will hazard and discourage them and Leave to plead for ones Self it may frustrate all both Judgment and Execution I answer If indeed you stick there you are not the Man I took you for that is no fair Man and if that be the Rule you would go by I will tell you there is a nearer way than yours yet Never stand troubling us or your self with Laws Courts Judge or Witnesses but take all Mens Goods and Money that you have a mind to or Imprison or Hang up any Man that you will without giving any Reason or account for it It will be considerable Clemency to a Man to let him Dye as Innocent and escape the Infamy of Accusation