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A51204 The Magistrates monitor, or, Several considerations & observations upon the Act against seditious conventicles humbly offered to the serious consideration of all judges, justices of the peace and other inferiour officers concern'd in the prosecution of Protestant dissenters and submitted to the judgment of all conforming and nonconforming Protestants. 1682 (1682) Wing M252; ESTC R26791 14,677 18

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they are impowred and required to convict such Offenders Observ 2. That one way or another substantial Proof must be made of the Offence and Offenders viz. either Confession of the Party or Oath of two Witnesses or Notorious Evidence and Circumstance of the Fact Now these words Notorious Evidence and Circumstance of the Fact must be some thing or things that are equivalent with Confession of the Party or Oath of Witnesses It is not every Justice or Constable thinking supposing or dreaming that there are such Meetings but it must be Notorious Evidence of the Fact Observ 3. That though a Justice may Convict and Fine the Sum of Five Shillings for the first Offence yet here is no direction given to make Distress and Sale of the Offenders Goods and Chattels for the first Offence but a Record must be made of the Offence and Offender and certified to the next Quarter Sessions Fifth Particular to be considered is The Offenders repeating the Offence And if such Offender shall again commit the like Offence and be thereof Convict as in manner aforesaid then he shall be Fined the Sum of Ten Shillings which Fine and Fines for the first and every such Offence shall be levied by Distress and Sale of the Offenders Goods And in case of the Poverty of the said Offender upon the Goods and Chattels of any other Offender who shall be then Convict in manner aforesaid so as the Sum do not amount to ab●●● the Sum of Ten pounds From hence observe these things Observ 1. That upon the second Offence a Distress may be made upon the Offenders Goods and Chattels for the first as well as for the second Offence Observ 2. That it is somewhat strange That one Man should suffer for the Fault of another yea one Man for the Faults of a great many Observ 3. That Justices had need be careful that there is so many Persons Convict whose Five or Ten Shillings doth amount to the Sum of Ten Pounds if they levy the Sum of Ten Pounds upon any one Man for the default of others and that they be sure such are not able to pay their Five or Ten Shillings Fines Sixth Particular to be considered It is also provided by the aforesaid Act That such Officers as go to make Distress upon the Goods and Chattels of the Offenders shall have a Warrant under the Hands and Seals of some Justice of the Peace or Chief Magistrate so to do and the money levied to be forthwith delivered to the same Justice or Chief Magistrate and so by them to be distributed one third part to the use of the King the other third part to the Poor of the Parish and the other third part to the Informers and to such persons as the said Justice of Peace shall appoint having regard to their diligence and industry in discovering and dispersing and punishing such Conventicles From hence observe these things Observ 1. That though Persons be Convict yet Constables have no power to make Distress upon any mans Goods without a Warrant under the Hand and Seal of some Justice of the Peace or Chief Magistrate Observ 2. That when Constables have a Warrant to make Distress this Act doth not impower them to break open any mans door that so they may take away his Goods neither doth it require them to lurk about Mens houses to find opportunity that they may surprize Mens houses and therefore they being Officers of the Peace ought to depart in Peace Observ 3. That such Officers must be sure that when they make Distress it be upon the Offenders own Goods and not the Goods of other men which may be in the Offenders hands lest they meet with such trouble as they may not easily defend by Law Observ 4. That the third part of such Fines may be given to the diligent Assisters as well as to the Informers so that the Informers may have but poor wages if the Justices should appoint any other persons to be helpful in the same work and the third part of Fines distributed as aforesaid Seventh particular to be considered in the aforesaid Act is The penalty of every person who shall take upon him to Preach or Teach in any such Meetings Assembly or Conventicle and be Convicted as aforesaid Shall forfeit for every such first Offence the Sum of Twenty Pounds and if such Offender shall at any time again Commit the like Offence and be Convicted thereof in manner aforesaid shall incur the Penalty of Forty Pounds to be levyed and disposed as aforesaid and his name and Habitation not known or is fled and cannot be found or in the judgment of the Justice or chief Magistrate thought unable to pay then they may levy the same by Warrant upon the Goods and Chattels of any such persons who shall be present at the same Conventicle From hence Observe Observ 1. That to Preach or Teach in any Meeting is not a Crime to be punished by this Act But to Preach or Teach in any such Meetings Assembly or Conventicle which words such Meetings is to be referred to what is aforesaid viz. A Seditious Meeting and that contriveth Insurrections and so it must be understood of Preaching Seditious Doctrine and fomenting or promoting Insurrections against His Majesties Government and Preaching such things as are not at all consistent with the Doctrine of the Church of England Observ 2. That such as meet peaceably together without doing any harm to the Persons of His Majesties Subjects and whose Preachers Teach Repentance for Sin Faith in Christ the fear of God and honouring the King suitable to a right fearing of God and love to their Neighbours ought not to be Prosecuted or punished by this Act for as much as this Doctrine is according to the Doctrine of the Church of England Eight particular to be considered is the penalty of those that admit and entertain wittingly and willingly such Meetings or unlawful Assemblies aforesaid in his or her house out-house Barn Yard or backside shall forfeit the Sum of Twenty Pounds to be levyed in manner aforesaid and in case of Poverty of the Person then to be levyed upon the Goods and Chattels of such Persons as shall be Convicted of being present at the same Conventicle From hence observe Observ 1. That such only are Offenders by this Act as admit and entertain such unlawful Assemblies as aforesaid viz. Seditious and Contriving Insurrections Observ 2. That but one Twenty Pounds as a penalty or forfeit is mentioned for the wittingly suffering such a Meeting it is not said Twenty Pounds for the first Offence and if they shall again commit the like Offence then the same or a greater Sum they shall forfeit for every such Offence as it is expressed in the Hearer or Preacher's Offence Ninth Particular to be considered Provided also That in all Cases of this Act where the Penalty shall exceed the Sum of Ten Shillings and such Offender shall find himself agrieved it shall and may
practices upon the Church of England or suppose any Courtiers Lawyers Clergymen or Magistrates should by the instigations of the Devil be led into high Crimes against the King and Government it would be high injustice to charge or reflect upon all persons of such Ranks and Degrees as being concerned with such horrid Crimes Therefore let men learn that blessed Doctrine of Christ viz. Do unto others as you would they should do unto you The third particular in the aforesaid Act to be considered viz. The Persons who are to be punished and they are all persons of the Age of Sixteen years or upwards being Subjects of this Realm who shall be present at any Assembly Conventicle or Meeting under Colour or Pretence of any exercise of Religion in other manner than according to the Liturgy and practise of the Church of England they being in number five or more besides the Family or Houshold and if it be in a place where there is no Family inhabiting then the number of five or more are deemed Offenders From hence observe these things Observ 1. That such whom this Act accounteth Offenders are they which meet and assemble together under Col●ur and PRETENCE of exercise of Religion which words supposeth that the exercise of Religion is but pretended and some bad design is Resolved v●z Contriving Insurrect●ons as aforesaid and so to colour that design make a shew of Religion but this is not the practice of the Dissenting Protestants they do not design any other things then the Real Performance of Religion in sincerity of heart to promote godliness among themselves and others that God may be served and they may be saved according to the Precepts and Promises in the blessed Gospel of Christ Observ 2. The Persons accounted Offenders are such as thus under pretence exercise Religion in OTHER MANNER than according to the Liturgy and Practice of the Church of England now these words in other manner may be fairly understood such exercise of Religion as is directly contrary and opposite to the Liturgy and Practice of the Church of England in the main and substantial parts thereof but that exercise of Religion which is agreeable to and corresponds with the practise of the Church of England in the main and substantial parts thereof may be truly said to be according to it every small variation must not be counted a Contradiction For the Church of England doth vary in some things from each other in their exercise of Religion in some places they have Organs and in some they have none in some they have Singing Men and Singing Boys and in otherplaces they have none Observ 3. That this Act doth not declare it to be a Crime if any Assembly of people have not the Book called the Liturgy among them or because they do not Read it in their Assembly but it doth require that the exercise of Religion among them should be according to the Liturgy and practice of the Church of England and therefore let the exercise of Religion in the Church of England and among the Protestant Dissenters be well considered and compared together and then we shall see whether it be contradictious or Harmnious in the main and substantial parts 1. The exercise of Religion in the Liturgy and as it is practiced in the Church of England doth consist of Prayers to Almighty God in the name of Jesus Christ his only Son for Spiritual and Temporal Blessings and this is the practice of the Protestant Dissenters in their Meetings and the Church of England doth use Extempory Prayers as well as the Dissenters 2 The Church of England in the exercise of Religion does give Thanks to God for Mercies Received and so do the Protestant Dissenters in their Meetings 3. The Church of England does instruct Souls from the Holy Scriptures viz. From the Law of M●ses from the Prophets and from the Epistles and Gospels and this is the practice of the Protestant Dissenters in their Meetings for which they are Prosecuted 4. The exercise of Religion in the Church of England is performed in English and so it is among the Protestant Dissenters that all persons may hear and understand what they say 5. The Church of England doth not allow praying to the Virgin Mary nor prayers for Souls in Purgatory but denies a Purgatory they allow but of two Sacraments viz. Baptism and the Lords Sapper they also allow the Cup as well as the Bread to the Lay-people in Remembring the Death of their Redeemer these things are the principles and practice of the Protestant Dissenters 6. The Church of England hath declared in her Articles of Religion that the visible Church of Christ is a company of faithful men in which the pure Word of God is Preached and the Sacraments be duly ministred according to Christs Ordinance in all those things that of necessity are requisite to the same see Article 19. The Protestant Dissenters profess and declare the very same Principle 7. The Church of England declareth that it is not lawful for the Church to Ordain any thing that is contrary to Gods Word written neither may it so expound one place of Scripture repugnant to another see Article 20. This is also solemnly Prosessed by the Protestant Dissenters Observ 4. That if any Dissenters should have the Liturgy of the Church of England and read it all over in their Meetings and should mingle Sedition with or contrive Insurrections against the Government that Service-Book would not save them from the punishments provided in the aforesaid Act because then they would be Seditious Conventicles not withstanding the Serv●●●-Book Observ 5. That such as really and visibly perform the exercise of Relig●●● in praying to God praising of God Hearing and Preaching the Word God ought not to be punished by the aforesaid Act for as much as the●● things are according to the Liturgy and practice of the Church of England Fourth particular to be considered in the aforesaid Act is The manner way of proceedings against the Offenders mentioned in the said Act vi● any Justice of Peace or chief Magistrate where such Offence aforesaid shall be Committed are required and injoyned upon Oath of two Witnesses or the Confession of the Party or Notorious Evidence of the Fact to make Record of every such Offence under his Hand and Seal which shall be in Law taken and adjudged to be a full and perfect Conviction and thereupon the said Justice or Magistrate shall impose on every such Offender so Convict as aforesaid the Fine of Five Shillings for such first Offence which Record and Conviction shall be certified by the said Justice or chief Magistrate at the next Quarter-Sessions of the Peace for the County or Place where the Offence was committed From this part of the Act observe these things Observ 1. That Justices or chief Magistrates are not bound to make it their own business to hunt after such Coventicles but if proof be made to them of such Meetings then