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A60631 A few plain words concerning conformity in matter of religion and worship and also concerning evidence and judgment in cases of conscience : published to all magistrates, juror's and people, within the nation of England. Smith, William, d. 1673. 1664 (1664) Wing S4301; ESTC R16572 7,379 10

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hath ever been experienced to rise from their Meetings and therefore the said Act not lying against them in the ground no Penalty or punishment is to be laid upon them by vertue of the same And this is written unto you Magistrates who are commissiioned to give judgment in cases of offences for it is a plea generally used by Magistrates That they are bound to put the Law in Execution well if it be so and that you are so careful to discharge your trust yet you must find an offender before you can legally execute the Law and the offence must arise by good and sound evidence to be a transgressing of that Law and that according to the purpose of the Law So that you may be in a capacity to judge and determine Causes equally according to good evidence in things pertaining to men but as to things pertaining to Conscience they are too high for you for you can have no evidence to inform you concerning the offence and so cannot judg or determine the matter equally in that case And if in this case of Meeting there nothing doth appear of discord or strife or any ill things then there is not any thing for you to take knowledg of as an offence or that can be charged as transgression upon such as so meet though they meet in greater or lesser numbers for the Act is not against peaceable Meetings nor against the true Worship of God but where there is Religion and Worship pretended in Meetings and some ill thing intended by that Meeting and according to the intention break forth into a publick manifestation then upon good evidence in that case you may proceed to Penalties and punishment of the offendors and so every apparent offence may have a witness without to give evidence to the Fact by which Judgment may be given according to the offence But if the Conscience offend against God that must be left to his witness within and to his Judgement alone who both sees the offence and knows how to punish it according to the nature of it and therefore all such cases as relate to to the Conscience is to be left to God alone who seeth secrets and judgeth secrets and gives to every man according to his deeds without respect of persons And now a few words unto you that serve upon Juries seeing something in the said Act may come within your enquiry for the third offence in order to Transportation is to be tryed by Verdict Now where you come to be concerned in any such case wherein the matter lies in point of Conscience be very careful what you do And first you that serve upon grand Juries the matter lyes of very great concernment unto you forasmuch as you are the finders and accusers of offenders and so prepares the way in order to conviction or Judgement Now if there be not some evidence that can make good proof that there was some appearance of discord or ill things at such a Meeting for which any Party or Parties may stand Indicted then you are not in a capacity to find the Bill to be true forasmuch as you cannot be informed whether such a Meeting was pretended to Worship and some ill thing intended by it or whether it was a Meeting to worship God singly in Spirit and in Truth which the Act is not against and so if it lye as a case of Conscience without any appearance you can have no true evidence in it and therefore you are not to find it nor accuse any in that case as guilty of an offence worthy of punishment Object But some may say We only enquire for the King and therefore upon good evidence to the Indictment we are bound to find it and let the Party clear himself upon his Tryal Answ As you stand only to enquire for the King so you are to enquire what wrong the King sustains by the Fact of which the Party-stands indicted for if the evidence to the Indictment prove not some wrong done to the King in matter of Fact then you cannot know the Bill to be a true Bill and so is not to put the Party upon his Tryal For if the Indictment do not lye as to some wrong done by the Party Indicted either a● to Life Estate Peace or Liberty of another and that it be not so proved by your evidence then the King is not wronged and you may clearly acquit the Party on the Kings behalf and leave things that pertain to the Conscience unto God alone for none besides him knows what is in man And you that are ordered upon Juries for Conviction your places is of the greatest weight and concernment forasmuch as you try the Life and may either save it or destroy it For though the grand Jury do enquire and find the Indictment yet it is you that either casts or clears a man upon his Tryal for you are Judges of the Fact and if you Judge the Party guilty of the Fact then you expose him to the Judgement of the Law in that Case Now forasmuch as there is a late Act of Parliament made which doth refer the Tryal of the third offence punishable by it unto a Verdict if it so come to pass that any such Tryal be brought before you consider well what evidence you have to prove it for there lyes the main thing on your Parts who according to your evidence doth either find the Party guilty or clear concerning the fact and if you find him clear as to the Fact then you free him 〈◊〉 the Sentence of the Law Now it may be in such Cases you may have some Evidence that will prove a Meeting above the number of five besides the Family but then consider whether such Evidence be sufficient to prove any people offenders against the said Act except it be also proved that there was discord and strife or any ill things practised in such a Meeting which is the very signification of the words upon which the said Act is grounded now if no such thing can be proved unto you then there is not any Meeting that doth amount to transgression against the said Act though there be a Meeting to the number of five hundred or more for it is the thing done that makes the Fact but if no such thing as before-mentioned be done in the Assemblies of people in the way wherein they worship then the Act is not transgressed and if not transgressed then such as meets together are not to be punished as offendors therefore consider well your places for your service stands in judging the Fact according to your Evidence but wherein any case of Conscience is brought before you there can no Evidence prove the matter truly to you and therefore you are to leave it unto God and to his Witness in the Conscience and by your Verdict to acquit all People in things relating to their Conscience and let them account unto God before whom they must stand or fall And now a few
words unto all People for seeing there is Information and evidence to be given in the aforesaid cases before there can be any proceedings as to Conviction or Judgement it doth concern every one to be careful what they do for the Act doth not impose any penalty or punishment upon any for not informing and therefore where any do set themselves to do it they will but manifest a forward mind in the thing wherein they may keep themselves free and if any do put themselves upon it as to Inform against any peaceable meeting of the people called Quakers they will manifest more envy and malice to their neighbours than love and good will For the Act is not against the Quakers Meetings being their Meetings are peacable and no peacable Meeting is a seditious Conventicle and how can any truly Inform of unlawful Meeting when the Law is not against it for that makes a thing unlawful when the thing done is against the Law in that case but the Quakers Meetings are not against the Act in that case made for it is made to prevent and suppress seditious Conventicles and pretenders of Worship and not peaceable Meetings and the true Worship And so to meet peaceable as the Quakers do and all along have done on their parts above the number of 5 besides the Family is not an unlawful Assembly or Meeting for the Law is not against it but to meet to the number of five besides the Family under Pretence of Religion and Worship and at such Meetings to enter into discord and strife and do ill things as to rise in Armes and be tumultuous to the disturbance of the Nations peace then it is a Seditious Conventicle and an unlawful Meeting because the Law is against it and they that meet in that manner 〈◊〉 the hazard of the penalties and punishment that the Law in that case provideth against offendors and it is onely such as are dangerous Sectaries who at their Meetings contrive Insurrections or to raise up strife and ill things which makes a Seditious Conventicle as is before explained Therefore let all people be careful how they inform and give evidence in this case for the Act doth not prohibit any peaceable Meeting where people meets together in the fear of God and truly worships him in tendernesse of Conscience this is not only a pretended thing but a real true thing which the Act doth not prohibit Therefore all people be in love with your Neighbours and then no hasty Information or evidence will be given against any for their obedience unto God and for worshipping him in Spirit and in Truth according to his mind for if there be no Informers there can be no proceedings and therefore as Information is the cause that gives motion to the Wheel so there ought to be great care and tenderness in it because one Neighbour may thereby expose another unto great sufferings and where any do so they do not love their Neighbors as themselves which is a sure mark of the true Religion And now if any should have it in their mindes to inform and give Evidence in the case aforesaid I ask you what you will inform touching the Quakers Meetings will you Inform that there was a Meeting of five besides the Family and will you say that you will give Evidence of it you shall not need for we confesse it but will you inform that there was strife and discord amongst them or any ill thing in action or any apperance of rising in armes and so a Seditious Conventicle according to the Act if you say nay we cannot give such Information in the truth nor we dare not give Evidence to any such thing it may be that some may be thus honest and it may be some again that will not fear to inform and evidence the matter by the Act intended though they neither see not know that so it is amongst such against whom they Inform and therefore as to the first that honestly confesseth the truth there needs not any thing be said being their own confession clears us but unto such as wilfully and obstinately resolve to do us harm if it be in their power unto such we say that your Information and evidence is not to be regarded by sober Magistrates or Jurors for our practice is so generally known that it will be apparently manifest to be envy and malice where any such Iuformation of Evidence is given against us And further consider this one thing more in general which I shall offer to you by way of question Was not the Christian Religion and Worship in primitive times a true Religion and Worship and was there not both Jewes and Gentiles gathered in it and was there not many Jewes and Gentiles that differed from them in Religion and Worship and did the true Christians endeavour to force the Dissenters by an outward Law to joyn with them You do not read in all the Scripture that the true Christians did ever practice any such thing either to inform or punish any in matter of Conscience Therefore let not this Nation of England give occasion unto other Nations to upbraid them with persecution for it will be much to the dishonour of it if not to the ruine of it by the hand of the Lord. Oh surely it cannot but touch many tender hearts who are observers of the Lyturgie of the Church of England to see such persecution rise out of it and that against an innocent people for we that are called Quakers are a people well known in our Countries and the Witness of God doth bear a sure testimony for us however men may witness against us or however they may accuse judge and condemn us yet doth the Witness of God clear us from the guilt of any just offence against the present power and the Peace thereof and whatsoever may come to pass concerning us in this matter yet there is no Law against us and being no Law there is no transgression and so no Fact worthy of condemnation Much might be said in these things but I shall leave all with the Lord and to his just and righteous Witness in every conscience which will plead with all for us when Tongues and Pens are still and silent and let not any think it strange that I have used such plainnesse of speech in this matter for it is in the behalf of Gods precious Truth and all that live in it And being that our liberty Estates and lives are herein concerned the plainnesse of my speech may well be allowed considering also that it is no lesse than true love to all your souls who are or may be any way concerned in this matter for we that are called Quakers do truly love the Lamb and follow him and the Lamb and the saints must have the Victory and in the Lambs Love Meekness and Patience we have Rest and Peace Written the 27. of the 4. Moneth 1664. W. S. THE END