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
are not only intrusted with the Peace of the Kingdom but more than probable are endowed from above with the Spirit of Prognostication too or at least a very great foresight far beyond our late Parliaments for they could not see one half so far though I dare not mention that too much for fear of the snarling Popish Curs the word Parliament or House of Commons being but once named unless to Ridicule it is enough in our days to be Termed a Whigg or a Phanatick at least But may not this question be put without offence to any that is Why how come this jealousie now all of a sudden or Alamode de France more now than it hath been these 19 or 20 years last past can the Justices instance in one Riot or Disturbance of the Government either in Church or State all this while they have been Tollerated both before and since the Declaration for Indulgence by the Conventiclers and pray how comes it The Justices at the Court of Hicks's-Hall did not foresee it sooner but it may be the late Blazing Star hath now enlightned their eyes which before were darkened however if it be so the Conventiclers have cause enough for ought I see to be very angry at the Blazing-Star for enlightning their eyes now against them when a Parliament is so far off from helping them however the Justices are very modest for they only give it as their opinion but this their opinion they tell us makes them not sit still indeed if they should sit still it might be a thing of dangerous Consequence even no less than the hazard of the Church and the whole Kingdom if their Prognostications be true but I do not wonder if they cannot sit still themselves when all is in danger for by and in another part of the Order you will finde they cannot so much as let the Bishop sit still neither as we shall see hereafter But let us proceed further as to this part of the Order and you will finde that all the great cause of these Justices fear arises but from a very small thing next to nothing for they tell you They cannot sit still because of a few obstinate Persons rather by noise than number do disturb the Peace Now if it betrue that it be but a few it may be answered then what need all this noise of the Justices sure a few of these Conventiclers may easily be dealt with without all this ado as if the King and Kingdom were at Stake And if it be true that they make more a noise than number methinks the Justices should by the course at the Common Law silence their noises and not be beholding to the Act that gives the Court of Sessions no power at all to act by and how is it possible that such a few making a noise can disturbe the Peace of the whole Kingdom and bring ruine upon it as the Order affirms But to make a full mends for all their Jealousies and Fears in the next place they tell us viz. They do esteem in a Duty incumbent upon them to use all lawful Experiments which may beget Vnion amongst His Majesties Subjects c. Now here they have hit the Point Vniting of Subjects that is prosecute the Constables and Under-Officers because they will not turn Informers contrary to Law and Present and Convict the sober Protestant Dissenters that go to Meetings in a peaceable manner this is the Justices way or rather the Courts Order to have Union among His Majesties Subjects but I suppose the Order means Popish Subjects for no Man of Sense can say this is to unite the Protestant Subjects Well but what follows in the next place that the Justices at the Court may be both amiable and admirable and a Pattern and good Example to all Justices of other Counties as well as their own as they were in the late Addresses and Presentment they have gone a great deal further than the common sort of Loyal Subjects for being jealous I suppose of their own power by the Law of the Land you will find in the next place to shew their great Zeal for the Uniting of His Majesties Subjects they have not stuck to set the Bishops Courts to work to Excommunicate these few noise Hereticks for in the next Part of the Order it follows viz. It is therefore by this Court desired That the Lord Bishop of London will please by such methods c. to direct c. as in wisdom he shall c. within his Jurisdiction to use his utmost endeavors that all such Persons may be Excommunicated who shall commit Crimes deserving Ecclesiastical Censure c. So that by this it seems the very Justices themselves then believed they had not Law enough to punish those Conventiclers or else by the Order it shews them most cruel and inhumane What must the Conventiclers be punished both ways at once both Common Law and Canon Law Lose their Estates by the Act and their Souls by the Spiritual Court too This is sure more inhumane than France to their Dissenters that are fled over here they do but take away their Estates and Children but not their Souls that they escape over here with Well since it is so that the English Dissenters must be thus dealt with it is time to look about them and consider the Bishop's power as well as the Justices But before we say any thing of that we must consider the Order a little more as to this Head and that is how the Clergy came to be stirred up by the Lay-men to prosecute the People about their Souls health It is true we often find in the Popish time that the Clergy and great Bishops have often incited and stirred up the Magistrates and Lay-men to burn the Hereticks and keep them in Prison up the Writs De Heretico Comburendo and De Excommunicato Capienda and to supplicate the Courts for these Writs and Process against the Excommunicated but never was it heard before that the common Lawyers or Justices sued to the Bishops for their Fellow-Subjects and Brethren to be sent to Hell If this be Law and to keep the Peace of Middlesex then pray let us complain no more of the French King using his Protestants hardly for sure to any unbyass'd Man this looks ten times worse than the French Persecution being little less than to incite the Bishops to disturb the Publick Peace and to use an Arbitrary Power like their own designs But now after this malicious incitation of this Order to shew the reason of their instructing or inciting the Bishop to send the Souls of Hereticks to Hell they make this further improvement of it in case they can get the thing done and they have this great design in it that all such as are so Excommunicated do not only lose their Souls being given up to Satan but also they lose all their earthly Freedom and Enjoyments as English-men as the Justices by this learned Order conceive and
as you will see was because of the Powder-Plot and the purport of this Act all along is only to reinforce all the rest of the Acts against Popish Recusants in not coming to Church and to discover them by the Test and receiving the Sacrament once a year as an additional Tryal of the reality of the Papists Conforming For that it appears in the next Section of the Act That some of them did come to Church and heard Divine Service to save the Penalties in the former Acts and yet continued Papists in their hearts Therefore by this Act they were all to take the Sacrament once a year See Sect. 3. which Enacts viz. And if any Recusant of conformed shall refuse to take the said Sacrament of the Lords Supper accordingly he or she shall for such not refusing lose and forfeit for the first year 20 l. and for the second year for such not receiving 40 l. and for every year after for such not receiving 60 l. until he or she shall have received the said Sacrament c. And by the fourth Section of this Act the Church-Wardens and Constables are to Present the Monthly Absence from Church of all and all manner of Popish Recusants within their Town c. Which by the way it is to be observed from this Act that no man can be Prosecuted or Presented upon this Act or any other it intends which are all the former rehearsed unless they be Popish Recusants for so are the express words of the Act and without doubt should any busie Officer whatsoever Present or Prosecute any Person other than a Popish Recusant the Person so Presented may join Issue that he is no such Person as these Acts intend being not a Papist Now these Acts also give the Justices at their Sessions Power to inquire into the Offences committed against the Acts but in the Justices Order they have quite forgot the Popish Recusants where they have a Power to do and meddle with that wherein they have no Power and therefore ought to make that good Confession in the Book of Common-Prayer viz. We have left undone those things which we ought to have done and have done those things which we ought not to have done and there is no truth in us These are all the Acts that are now in Force against Popish Recusants for not coming to Parish Churches and taking the Sacrament as the Act directs and because it may as well appear what is or hath been made against the Puritan Sectaries and Conventicle I shall here briefly set them down in order and to begin with the first and that is the Statute of 33 Eliz. cap. 1. Intituled An Act to retain the Queens Majesties Subjects in their due Obedience 35 Eliz. cap. 1. And the Reader will find that this is the first Law that ever was made against Sectaries and Seditious Conventicles and this Act is indeed beyond all dispute only made against them and the Popish Recusants are excepted out of it as will appear by the Act And because the Reader may the better judg the true difference between this Act and those made against Popish Recusants as to the very express Terms I have hereinserted verbatim the first Paragraph of the Act. The Act begins thus viz. For the preventing and avoiding of such great inconveniences and perils as might happen and grow by the wicked and dangerous practices of Seditious Sectaries and Disloyal Persons Be it Enacted by the Queens most Excellent Majesty and by the Lords Spiritual and Temporal and the Commons in this present Parliament Assembled and by the Authority of the same That if any Person or Persons above the Age of sixteen years which shall obstinately refuse to repair to some Church Chappel or usual place of Common Prayer to hear Divine Service established by Her Majesties Laws and Statutes in that behalf made and shall forbear to do the same by the space of one Month next after without any lawful cause shall at any time after forty days next after the end of this Session of Parliament by Printing Writing or Express Words or speak advisedly or purposely Practice or go about to make or perswade any of Her Majesties Subjects or any other within Her Highnesses Realms or Dominions to deny withstand or impair Her Majesties Power and Authority in Cases Ecclesiastical United and Annexed to the Imperial Crown of this Realm or to that end and purpose shall advisedly or malitiously move or perswade any other Person whatsoever to forbear or abstain from coming to Church to hear Divine Service or to receive the Communion according to Her Majesties Laws and Statutes aforesaid or to come to or be present at any unlawful Assemblies Conventicles or Meetings under colour or pretence of any Exercise of Religion contrary to Her Majesties Laws and Statutes or if any Person or Persons which shall obstinately refuse to repair to some Church by the space of one Month to hear Divine Services as it aforesaid shall after the said forty days either of him or themselves or by the motion perswasion inticement or allurement of any other willingly joyn in or be present at any such Assemblies Conventicles or Meeting under colour or pretence of any such Exercise of Religion contrary to the Laws and Statutes of this Realm as is aforesaid that then every such Person so offending as aforesaid and being thereof lawfully Convicted shall be committed to Prison and there to remain without Bail or Mainprise until they shall conform and yield themselves to come to some Church Chappel or usual place of Common Prayer and hear Divine Service c. The next Clause is if they did not Conform within three months after Conviction they were to be banished and so the Act goes on to Felony at last as you may see more at large in the Statute And to shew that this Act was wholly intended against the Sectaries or Puritans so called in those days and not against the Popish Recusants is clear by what hath been laid down but that it may not be objected by the Enemies of the Dissenting Protestants now that all those Acts as well as this are to be taken and Construed in Law to be one and the same and that all the aforementioned Acts of Eliz and King James are equally to be applyed to all Dissenters from the Established Church of England I do say and affirm that cannot be for the Popish Recusants by this Act are not at all-touched nor could be Prosecuted upon it For that in the 12 Sect. of this Act 〈◊〉 12. it is there particularly provided that no Popish Recusant or Feme-Covert shall be compelled or bound to abjure by vertue of this Act. Then it necessarily follows certainly if the Popish Recusants shall not be punished by this Act made against Sectaries and Seditious Conventicles That these Sectaries and Conventiclers being Protestant Dissenters as their Adversaries will have it Protestant Recusants for that is it they aim at to