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A65675 An ansvver to the order of the Middlesex justices, dated the 20th of December last, touching the suppressing of conventicles which order is here compared with the act of the 22d of this king, on which the same is grounded : wherein it will appear that the said order is lame and insufficient for any constable, or other officers to act by : being an answer to a letter received from a friend in Middlesex : wherein is also laid down some directions to the officers touching the execution of that act, according to the true intent and meaning of that law / by D. R. Whitaker, Edward. 1682 (1682) Wing W1699; ESTC R8053 8,931 12

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that on the 5th of November the Act of Parliament shall be read in every Church by them at before or after Divine service for Celebrating the day of Thanksgiving for the discovery of the Powder Plot. 〈◊〉 〈◊〉 Now if the Justices should make an Order for the punishment of all the Clergy that have not observed to read that Act in their Churches on the 5th of November I very much question whether there would not be more Nonconformist Ministers conformed of the Sons of the Church than those that are now to be Prosecuted for holding of Conventicles but again as to the very Act of Uniformity made in this Kings Reign 〈◊〉 2. it is there expressedly declared that no other Form or Ceremony shall be used but what is prescribed in that Act and in the Book of Common Prayer annexed yet if you please to look into the Act and the Book you will find that the Conforming Clergy do not conforme to that Law neither for they use divers Ceremonies that are not there and omit much of what is there witness their going up to the Altar as they call it to read second service and giving a Reverend Bow there Then their coming out of the Pulpit after Sermon as some of them do and reading some Prayers out of the Book in the Desk or at the Altar again and giving the Blessing not in the Pulpit at all Then in their setting the Communion-Table at the East-end of the Church Altar-wise East and West in some places with glorious Covering and Railed in as an Altar when as it ought to be set North and South and in the Body of the Church or convenient place with a clean Linnen Cloth And then as to their turning their Faces all of a sudden to the East turning their Breech upon God Almighty and Bowing at the Name of Jesus yet not at the Name of God or Christ Pray in what place may these things be found in that Act I would be very glad they would give a reason of this Non-Conformity or Over-Conformity which is the same in strictness But Sir if you consider there is not only a Nonconformity amongst the Clergy in these Points but also a Nonconformity in divers of the Lay men too as for instance 1 Jacob. cap. 9.21 Jacob cap. 7. 1 Car. c. Swearing and Drunkenness they are really against express Laws as well as Conventicles and as much against the Good of the King and Peace of the Kingdom as any thing in the world can be And then in the next place all the Ale-houses and Inn-keepers in England are all Nonconformists too against express Statutes both of King James King Charles I and this King which Laws say That no Ale-house-keeper or Victualer in England shall sell the best strong Beer and Ale for more than one Penny for a full Quart and two Quarts of small for one Penny Yet I believe there is scarce one this day in England obeys those Laws though they are in as much Force as the Conventicle Act and ought by the Justices good leave to be as severely prosecuted as well as divers other Laws which for Brevity I forbear to mention therefore shall say no more of this matter but come to the Order it self and consider how well it is suited with the Act. First The Order tells you That whereas it was His Majesties Express Order of the 14 of December That all Conventicles and Meetings should be suppressed c. So would His Majesty no doubt have all the other Laws put in Execution for the good of His People and they as Justices ought to have known and done their Duty if they had no such particular Order as they are pleased to mention and to put all those other Laws against Swearing Drunkenness Popish Recusants and against Non-Residence and Pluralities and against Clergy-men that pretend to be the Onely Sons of the Church and yet have new Inventions that the Act never heard of and also to take care that the Laws against Victualers should be put in Execution and many other Laws as serviceable as this of prosecuting Conventicles can be But the Order goes on and tells us All Vnlawful Meetings upon pretence of Religious Worship Now I shall crave leave before I proceed any further to say that the Act doth not intend to disturb any person that meets truly to worship God but such as pretend Religious Worship and under that Notion disturb the Peace and Quiet of the Kingdom which I never yet heard any of the Protestant Dissenters ever did at their Meetings and therefore a Question will arise Whether the Act of the 22th of this King there being now no other in force against Conventicles be an Act that can disturb any that really do worship God in their Meetings quietly and in reality and not make it a pretence of Religious Worship In the next place the Order tells us viz. It is this day Ordered c. That the Laws for Suppressing all Conventicles and Vnlawful Meetings upon pretence of Religious Worship within this County c. And that the said Justices do use their utmost endeavor c. Now I suppose that this Order was made by the Justices of the County themselves and for the same Justices to desire themselves to do Justice in my Opinion is to put a Doubt or a Distrust upon their Worships And that which seems most strange is the General Order it self grounded upon this Act when in the Act it self there is no Colour nor Warrant for any such General Order but only that in case there be any Unlawful Meeting in any County Precinct or Division and be proved upon the Oath of Two Witnesses to the Justices in manner and form as by the Act is directed then the Justices shall grant their Warrants to the Constables c. to seize and levy the Penalty but how this Act will support such a General Order made on Suppositions without any Witness of Particulars is worthy to be considered by the Reader Then the Order goes on viz. And to the intent this good work may be effectually performed it is farther Ordered That Warrants be made and directed to the Constables c. within this County by name commanding them and every of them within their Parishes Divisions and Limits that they and every of them do make diligent inquiry of all the Conventicles and Vnlawful Meetings in their several Precincts c. Now this Order seems to have no manner of relation to the Act or thing intended for the Act gives no such Directions either to the Justices or the Constables to obey any such Order for though the Act commands the Officers that they shall execute any Warrant sent by a Justice to seize any Person or his Goods after the Person is Convicted if the Officer or Constable have knowledge thereof by good Information yet it says not one word that the Constable shall execute any Warrant or seize a Person or his Goods at Random