smells in History than that of a Bonner they would surely steer another Course Nor can they be thought well to weigh with themselves that of Vis unita est fortior and the Doctrine of the divided House while by a fatal disagreement with their Brethren about outward Forms and unnecessary Circumstances they render themselves less able to withstand the Impetuosity of daily menacing Popery That is nothing the Decree is gone forth and must be obey'd and though the Preamble of the Law may be avoided the Body of it more explanatory of it self admits no Evasion For the Law positively says That if any Person or Persons above the Age of Sixteen years c. 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 Liturgie and Practise of the Church of England c. Where there shall be Five or more Persons assembled over and above those of the Houshold c. As to the first part of the Words Whoever shall be present at any Assembly or Meeting under pretence or colour of any Exercise of Religion c. some Questions do arise upon the fair accompt of Reason and Policy 1. Whether the meaning of the Words extend themselves to such an Exercise of Religion which is truly Christian and according to the direct Interpretation of Scripture 2. Or whether onely such a Religion as carries onely a pretence and colour without any truth and sincerity As to the first it is most certain That the most pure and Christian Exercise of Devotion carries with it a pretence and colour as well as the false one though it be onely that of serving and performing our Duty to God Now then it can never be imagin'd that the Intention of this Law was ever to prevent the Exercise of Devotion and true Piety let the Place or the Number be more or less in a rational Proportion For if so the Statute would be void in it self in regard that all unbyass'd Casuists Lawyers and Divines agree That all Humane Laws made against the Law of God are ipso facto annull'd as to any Obligation upon the Conscience Seeing therefore it cannot be thought that this Law intendeth the Destruction of it self there must be a looking backward to the Reason and Policy of the Law which from the Preamble is apparent to be onely the prevention of Disloyalty and Insurrection for the Repose and Tranquillity of the Kingdom Now then let a Meeting be suppos'd though of more than Five or Ten yet if at this Meeting there be nothing done that tends to Disloyalty Insurrection or disturbance of the Publick Peace the Law hath its End and can take no farther notice there being no Breach of the Law and consequently no occasion of Punishment And this is collected from Reason it self for should any other Construction be put upon the Words it would be contrary to the Law of God as intended to prevent the true and real Worship of God under pretence of Innovation and Disloyalty A Thought an Intention which it were a Crime to imagine such Worthy and Pious Legislators ever dream'd of however the meaning of the Law may be strain'd in the absence of its Makers Now that such a Meaning of the Act as it is inforc'd is contrary to the Word of God is apparent from the Scripture it self Acts 28. And Paul dwelt two years in his hired house and received all that came to him preaching the Kingdom of God no man forbidding him 1 Tim. 2. I will therefore that men pray every where with several others Nor will it serve as an Objection to say That the Times are otherwise now that there are such plenty of Publick Churches For if they be possess'd by such as will not admit their fellow-Christians to come together without prejudice to their Consciences 't is the same thing to them as if those Places were not at all Which being a clear confirmation that God may be Worshipped in Spirit and Truth in any Place or at any Time 't is as clear that the Meaning of this Law cannot reach the Exercise of Real Piety For if the Worship in it self be Evil it is not to be endur'd in Four if consonant to the Word of God the Number of Fourscore cannot render it criminal But here in regard there is so much insisting and stress put upon the word Conventicle it will be much to be clearing the meaning of the Act to enquire in to the Nature of the word and whether it be not taken too unwarily in an ill sense by those that would extend the reason and meaning of this Act beyond its limits A Conventicle then in the general sense is a certain place appointed for the Assembling and coming together of People to some purpose or other In the particular sense it signifies the Assembly it self there met If then the purpose be for the sake of Divine Worship it will be fit next to enquire the Difference between a Church-Assembly and a Conventicle-Assembly That which constitutes a Church is an Assembly or Congregation of people called to the state of Grace by Prayer by Teaching and Hearing the Word and the due administration of the Sacraments The Efficient cause of this Assembly is the Holy Trinity in general particularly Christ The form of this Assembly consists in a double Communion of the Assembly with Christ as the Head and of the particular Members among themselves The matter of this Assembly are the persons or several Members called to the Covenant of Grace The end of this Assembly is the glory of God and their own Salvation The marks of the real Christianity and legality of this Assembly are the true Preaching the Word and due Administration of the Sacrament If then the same substantial Efficient cause the same substantial matter the same substantial Form the same substantial end the same substantial Marks of a truly Christian Assembly be found in a House or any other convenient place though not adorned with Steeples or Stone Arches call them Presbyterians or Dissenters or what you please they center the main fundamentals of Faith and Doctrine differ only in some slight and outward Ceremonies and are therefore an Essential Body of the Protestant Religion And if there be any External Circumstances in dispute they are to be argued and determined among themselves not by the Arbitrary Power of a Justice of the Peace who is an Officer only of the Peace and not of the Conscience So that it can never be thought that the determination of Christian Prudence will ever grant it to be rational that this Law was ever made for the prevention of such Conventicles which must prove the suppression of much true Piety and Devotion This makes some people think that Ecclesiastical Jurisdiction is in a very weak condition and most deficient of it self when it is so earnest and clamarous after the Assistance of the Civil Magistrate And indeed
it is easily demonstrable in Story that there was nothing more advanced the beginnings of the Reformation of England than the weakness which Henry 8. perceived in the Arguments which the Papists brought against the Reformers in all their Disputes And therefore a Convocation Dispute had been much more proper for this Controversie than the destructive Arguments of Distresses and Crown Office Writs Which if it were put to the Test there are many that question whether the Law-Provokers might not come by the worst For as to those things which are called the Rites and Ceremonies of true Worship true Religion has none but what God has prescribed in His Word and they are looked upon either as parts or helps to our Devotion As parts of Devotion they consist in promulgation of the Word the Administration of the Sacraments and Prayer which requires also decent composure of gesture and posture As helps to Devotion they are divided into Fasting and Vows And these are all the Rites or Ceremonies of true Worship Ceremonies of Form are apt to wander into Superstition if not plain Idolatry And therefore it is that some unbyassed person not without Reason fear That the Dissenters who have abandoned all would have much more Argument on their side than they whoretain some It being thus apparent that the Law was never intended to prevent such Assemblies whose only end of Meeting is to Worship and Glorifie God and that too according to the same Fundamentals which the Statute enforcers profess it now remains to examin whether the Evidence offered be sufficient to make the Dissenters guilty of the Crimes assigned by the Law viz. Disloyalty and Insurrection First then as for colour and pretence they are only Non-Appearances lodg'd in the Heart of Man which are only disclosed to the Omniscience of God himself And therefore to judge of colour and pretence appertains only to God and not to any Law from whence arose that common Maxim that De non apperentibus the Law takes no Cognizance Much less is in the power of an Informer to make Oath of colour or pretence until colour and pretence break forth into some overt and apparent act which may afford matter for Testimony and proof From whence it is plain that unless there be due and sufficient proof made of false Doctrine seditious words or contrivances tending to Insurrection and Disloyalty which are the breaches of the Law and Law can never punish where there is no breach committed Nor does the Conscience of any Magistrate oblige him to sine and levy upon the bare Information of colour or pretence As for the addition of those words Do or may contrive it seems somewhat repugnant to reason that Plots and Contrivances should ever be carried on in the Publick Assemblies of Women and Children so that the fear seems only to be of the Teachers moving the people to Sedition But as for that one would think it should be an Argument rather for the permission of Conventicles it being a thing far more easie to discover a man that Preaches open Sedition than one that goes from House to House clandestinly insinuating the same Doctrine Nor is this branch Independant but casts its influence into the whole Crime described and intended by the Act thus embody'd If any person or persons shall be present at any Conventicle c. under coulour or pretence of any exercise of Religion in other manner than according to the Liturgy and Practice of the Church of England Perhaps some persons carry away with the present torment of unwary Passion may from hence assent that there is no other exercise of Religion that can be truly real and sincere but only colourable and pretended which is not performed in the very words of the Liturgy according to the Common acceptation of the Word in England To which though there were no other answer to be given yet the consequent words and the practise of the Church clearly contradict such an uncharitable Paraphrase for that in all Parochial Churches it is the general custom to Pray both before and after Sermon But if the nature of the word Liturgy be duly considered that 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 or Liturgy is not more than the Office of Prayer the Compilers themselves call the English Liturgy an order for Morning and Evening Prayer or a set Form of Prayer whereby it becomes only a Species of the Grand Genus Prayer or Oration by which with a true and humble contrition of Heart we address our selves to God concerning such things as are consentaneous to his Holy Will and this divided into two parts Invocation and Thanksgiving Now suppose that the Liturgy of England now the most exact Liturgy in the World as most certainly it is not it cannot be thought that the Dissenters are obliged by this Statute to use no other Prayers than what are set down in the Liturgy For then the Law enforcers may be presum'd to lie under the Penalties of the Statute themselves Who after the full performance of all the duties of Prayer which is ordered in the Liturgy both for Morning and Evening Service if it may not be said out of a contempt of the Liturgy yet somewhat to the discredit of the Liturgy are never satisfied till they have given it the supplement of their tedious and vainly Ostentatious additions of super-excellent and super-fine which after a full performance of all the duties of Innovation and Thanksgiving seems in them a kind of Tautology forbidden in Scripture However because the Dissenters using the same form of Prayer though not in the same words avoid that inconvenience therefore they must be reduced into obedience to something not well considered what it is by Constablâ—s and Informers But there is a more exquisite Liturgy yet the 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 or Liturgy prescribed by our Saviour himself which though out of Veneration it be reduced into one Prayer for general use yet is no other than a set form of Prayer teaching heedless Mortals who might else be extravagant in their Petitions the true matter of Prayer that is what we are to implore from God and what we are to give thanks for as enjoy'd Examin then the Prayers of the Dissenters and if they differ either in the Cause the Matter the Form or end from the English Liturgy of Men mentioned in the Act or the Heavenly Liturgy of Christ let them be delivered over to all deserved punishment but if their Prayers be agreeable to the prescrib'd forms of both nay if they be agreeable to the Coelestial Liturgy though not according to the Verbatim of the Establish'd Liturgy of England 't is a hard case that they should by any Statute be adjudged not to exercise such a Religion If it be objected that the Notions of many are Abortive and through weakness may deserve Reprehension there is an easie way to remedy those Errors by imposing a more equal Injunction by the Authority of Church Discipline that no person should
presume to ascend the Pulpit with ex tempore Raptures For confirmation then that there is no need of using of Form and Order so the matter be the same there are many of the Disciples Prayers recorded in Scripture and there is no question to be made but that they were acceptable to God and yet we do not read they used the absolute Form prescribed by our Saviour but expressed themselves in other words though altogether agreeing for matter Upon the whole suppose this Question should be put Whether the Apostles did use any other Form than that which was taught them by Christ There is no doubt but the Answer will be They did not Put then this Question to the Informer Did the Dissenters use any other Prayers than what were agreeable to the Church of England In the first place 't is ten thousand to one whether he be a Competent judge If he be not he stakes his Conscience at a dreadful hazard for it behoves him to Swear positively in the Affirmative or else in justice his Information and all his hopes of Gain are lost And thus by a rigid Prosecution of uncharitable severity a necessitous and greedy wretch is brought to this tempting Dilemma either to Perjure himself or lose his Expectation Again The Liturgy it self is not always read altogether but on some days more on some days less The Dissenters perhaps use least of all yet they use some for they read the Reading Psalms A first and second Lesson and afterwards make use of Singing Psalms So then it being apparent that the degree of Comparison does not annihilate the subject of the Comparison it may be presumed that the Dissenters are present at their Conventicles positively according to the Liturgy of the Church of England Which things not being considered how uncharitably do they fall under the censure of Lavish and Inveterate Pulpits In the last place though it would be very unreasonable to disallow what has been already said yet should it be contradicted the next words or the practise of the Church will certainly give relief For it is the practice of the Church of England to Read and Sing the Psalms of David to read the first and second Lesson and so do the Dissenters many of them also militate under the same Ordination And if there be any that do not 't is presumed they might soon be better advised the refusal deserving reproof if they may be admitted being certainly to be look'd upon as an obstinate piece of weakness But which is more as to the Harmony of practice they use the same Sacraments though perhaps with some small difference in the Form and Ceremony of Administration which one would think might be easily reconciled without all this Combustion There is one thing more to be considered upon the account of Moral Equity That though the Act of Vniformity made in this His Majesties Raign it is here expresly declared That no other Form or Ceremony shall be used but what is prescribed in that Act or in the Book of Common Prayer Yet both by the Act and the Book it plainly appears that the Prosecutors of the Dissenters make no scruple to dissent from what is there Enacted while they use several Ceremonies that are not there and omit much of what is there as their going up and bowing to the Altar and reading second Service there Their coming out of the Pulpit and reading Part of the Communion Service in their Desks or at the Altar again and giving no Blessing at all in Pulpit Their setting the Communion Table Altar-wise Richly adorned at the East end of the Church whereas it ought to be placed either in the Body of the Church or in some convenient place Covered with a clean Linnen-Cloath Their Turning their Faces all of a Sudden to the East and bowing to the Name of Jesus and not at the Name of God or Christ These Dispensations argue an apparent Non-Conformity or Over-Conformity the same thing in strickness and partiality one among another So that it seems a Transgression not only against Charity but against Common Justice to prosecute those that do no more than only Non-Conform to those very Ceremonies which they themselves regard less of a publick Statute either neglect or over act at their own will and pleasure And for a further confirmation of the Nonconformity of our most Regular so pretending themselves Conformists point blank even against the very Law of the Land let them that please but consider how many there are that dispence with Non-Residence and Pluralities to the deteriment of many deserving persons that want and positively against the Statute of the 21 of H. 8. and yet no question but they would think it hard measure to be prosecuted upon that Law So Partial is a man to forgive those failings in himself which he Prosecutes in others However because all the meekness of Perswasion and Argument will not stop the Career of some mens Impetuosity in the Prosecution of this Act it will not be from the purpose to cast an Eye upon the Executive part of the Statute In order to which the most considerable Instructions are couched in the first and eleventh Section The Instructions of the first Section run thus That it shall and may be lawful to and for any one or more Iustices of the Peace within the limits c. Where such Offence shall be committed or for the Chief Magistrate of the Place or Corporation and upon proof of such Offence either by the Confession or Oath of two Witnesses or by Notorious Evidence and Circumstance of the Fact to make a Record under their Hands and Seals which Record shall to all intents c. be taken to be a full Conviction that thereupon the said Justices c. shall impose the sum of c. From which words it is clear that by this clause no power is given to any Magistrate to make out any general Warrant upon this Act till after Conviction by two Witnesses or Confession of the Offender Neither has any Constable to do with any such general Warrant in reference to this Act unless the Warrant grounded upon such a Record as is mention'd in the Act upon confession or proof and conviction of the Party by two Witnesses be given into his hands Whence arises this Question Whether any Constable or Head-borough that acts in relation to this Statute by vertue of a Power not Authorized by the literal words of the Law do not act at his own peril 2. Whether he shall incur any penalty for not doing that which the Law requires not at his Hands For by this part of the Law it is required only that the Witnesses should be the Informers But by general Warrants the Constables c. are compelled to turn Informers themselves and to find themselves work to accuse their Neighbours on purpose to find themselves yet more work to disturb and distrain upon their Goods and Persons A duty which the literal sense
of this Paragraph does not in the least impose upon them But the Eleventh Section is more particular in these words And be it farther Enacted c. That if any Constable c. who shall know or be credibly informed of any such Meetings held within his Precinct and shall not give Information thereof c. according to his duty and endeavour the Conviction of the Parties but shall wilfully omit the performance of his duty in the Execution of the Act and shall be convicted thereof shall forfeit the sum of five pounds By this Paragraph it is very plain indeed that if the Constable do either know of himself or be credibly informed and do not do his duty he forfeiteth 5 l. but still if he neither know nor be credibly informed he is not bound to be so sedulous as to go upon the Hunt But suppose the Constable c. should either know of himself and be credibly informed and should do his duty that is give Information and should receive a Warrant to break open the House and enter yet finding nothing of Resistance he is still but where he was in regard that not having been there from the beginning to the end he cannot be positive whether the Persons there Assembled did exercise a Religion according to the Liturgy or Practice of the Church of England or not which if they did he has no power either to take their Names or apprehend their Persons unless they should be so imprudent as to make resistance and give an occasion for their Military Power to be raised for their suppression for then as Mutineers and Seditious persons they break their own peace by disturbing the Kings and by making it appear they are the Persons intended by this Act render themselves obnoxi us not only to the Penalties of this but of much more severe Laws From which enjoyning of the Military Officers to be aiding and assisting to the Constables with armed Force Reason may not improperly collect the sense and meaning of the Act to be no other than what has been already presum'd For Armed Force and Constablâ—s could never be intended by the Law against Passive submission and obedience Naked Swords and Constables Staves could never be intended by Christian Legislators to compel the compliance of sincere and upright Conscience to things of small concernment in respect of those Fundamentals wherein the Prosecutors and the Prosecuted both agree And therefore while the Civil Magistrate has taken such extraordinary care for the publick safety and tranquility of the Nation it should not be the aim of others to carve out for them their Care the support and maintenance of any By Interest whatever An aim too apparent by their publick dissatisfaction and open exclaiming against that noble Act of his Majesties most Royal Goodness His Declaration for Liberty of Conscience too unhappily severe those Counsels that removed the Land-mark of his Regal Benignity A presumption that they believe themselves more worthy or more able to manage that part of Prerogative themselves and grutch him the exercise of his Right Whereas the Legislators with more Duty provide that nothing in their Act shall extend to invalidate or avoid his Majesties Supermacy in Ecclesiastical Affairs But the Dissenting Protestants acknowledge their Soveraign to be both King and Priest A King as he is the Supream Head of the Government a Priest as the Supream Head of the Church To whom as their lawful Soveraign and Head of the Government as they have been alwaies ready to yield the utmost of their obedience so shall they never withdraw from him the utmost of their Fidelity And from whose Priestly Office they have yet hopes to feel the influences of his former Grace and Mercy when their Cause shall be better examined For 't is not the Exasperation of the Pens of Wicked men continually scribling Division nor the Subornations of Popery to fix imaginary Plots and load their Innocence with the guilt and Villanies of others but the Truth of their Profession and their upright walking before God and Man which they hope will at length turn the Reproaches and Calumnies of their Enemies upon their own Heads 'T is Vnion which all True Protestants desire which they daily implore from God There is nothing but Vnion wanting in this Rich and Plentiful Land Which as it is only obstructed by Papists or persons papistically affected as it is apparent by their daily Machinations and contrivances to unsetle and weaken the true Protestant Interest so there can be no greater Argument for Protestants to unite with Protestants against the Common Enemy of their Religion From these and Grounds of the same Nature there are some who have drawn this general Conclusion That it would be more conducing to the good of the Kingdom and the Benefit of the Protestant Religion that the Penal Laws against Non-Conformists in reference to differences of Religion might not be put in Execution but forborn till our most Gracious Soveraign and his great Council the Parliament should take the state of Divided Protestants into their wise Consideration and reduce things to a happier Legal Establishment Eor proof of which it may not be altogether improper to give a short Recapitulation of the Reasons brought in defence of the Position 1. That it cannot be good to execute the 35 of Eliz. which the whole Parliament thought dangerous to the whole Protestant Interest in England and did as far as in them lay disannul 2. It cannot be proper to execute that Law upon them who cannot properly be guilty of the Crime at which the Law aims 3. It cannot be proper to execute any Law upon Dissenting Protestants which was promoted by men Popishly inclined and which since appeared to be Papists as was the Five Mile Act. 4. Because it seems somewhat preposterous to rid the Land of Dissenting Protestants persons professing true Religion and Loyalty yet leave the Papists the Enemies of the King and Church to stay behind 5. Because the Penal Laws are to be inflicted upon the proper objects as Seditious Sectaries disloyal persons Hypocrites that make Religion a cloak and pretence to install principles of Schism and Sedition not upon Meetings where there is no tendency to any such Designs 6. A sixth Argument is drawn from the Piety of the Non-Conformists Principles and the Peaceableness of their Behaviour found so to be from the Experience of many years 7. Because they are Protestants and it seems not so well done to use Protestants the Kingdoms Friends and Strength worse than Papists the Enemies of the Kingdom and Protestant Religion 8. Because it is not good to execute the Law with a heavy Hand upon all and every Offender without making a difference between one man and another between one Offence and another 9. Because by their publick Preaching their judgments and practises are best discovered and being in the Head of the younger Dissenters they are as Directions and Examples to them to keep them from
prevent all such unlawful Meetings and take into their Custody such of those persons so unlawfully Assembled as they shall judg to be the Leaders and Seducers of the rest and such others as they shall think fit to be proceeded against according to Law for such their Offences 11. And be it Enacted by the Authority aforesaid That every person who shall wittingly and willingly suffer any such Conveticle unlawful Assembly or Meeting aforesaid to be held in his or her House Out-house Barn or Room Yard or Backside Woods or Grounds shall incur the same Penalties and Forfeitures as any other Offendor against this Act ought to incur and be proceeded against in all points in such manner as any other Offendor against this Act ought to be proceeded agianst 12. Provided also and be it Enacted by the Authhrity aforesaid That if any Keeper of any Goal or House of Correction shall suffer any person committed to his Custody for any Ossence against this Act to go at Large contrary to the Warrant of his Commitments according to this Act or shall permit any Person who is at Large to joyn with any Person Committed to his Custody by vertue of this Act in the exercise of Religion disfering from the Rites of the Church of England Then every such Keeper of a Goal or House of Correction shall for every such Offence forfeit the sum of 10. l. to be levied raised and disposed by such persons and in such manner as the Penalties for the first and second Offences against this Act are to be Levied Raised and disposed 13. Provided always That no person shall be punished for any Offence against this Act unless such Offendor be prosecuted for the same within three Months after the offence committed and that no person who shall be punished for any Offence by vertue of this Act shall be punished for the same Offence by vertue of any other Act or Law whatsoever 14. Provided also and be it Enacted That Judgment of Transportation shall not be given against any Feme Covert unless her Husband be at the same time under the like Judgment and not discharged by the payment of money as aforesaid but that instead thereof she shall by the respective Court be committed to the Goal or House of Correction there to remain without Bail or Mainprize for any time not exceeding 12 Months unless her Husband shall pay down such sum not exceeding 40 l. to redeem her from imprisonment as shall be imposed by the said Court the said sum to be disposed by such persons and in such manner as the Penalties for the first and second Offence against this Act are to be disposed 15. Provided also and be it Enacted by the Authority aforesaid That the Justices of the Peace and Chief Magistrate respectively impowered as aforesaid to put this Act in Execution shall and may with what Aid Force and Assistance they shall think fit for the better Execution of this Act after refusal or denial enter into any House or other place where they shall be informed any such Conventicle as aforesaid is or shall be held 16. Provided That no Dwelling-house of any Peer of this Realm whilest he or his Wife shall be there Resident shall be searched by vertue of this Act but by immediate Warrant from his Majesty under his Sign Manual or in the prefence of the Lieutenant or one of the Deputy-Lieutenants or two Justices of the Peace whereof one to be of the Quorum of the same County or Riding nor shall any other Dwelling-house of any Peer or other person whatsoever be entered into with Force by vertue of this Act but in the presence of one Justice of the Peace or chief Magistrate respectively except within the City of London where it shall be lawful for any such other Dwelling-house to be entred into as aforesaid in the presence of one Justice of the Peace Alderman Deputy-Alderman or any one Commissoner for the Lieutenancy for the City of London 17. Provided also and be it Enacted by the Authority aforesaid That no person shall by vertue of this Act be committed to the House of Correction that shall satisfie the said Justices of the Peace or chief Magistrate respectively that he or she and in case of a Feme Covert that her Husband hath an Estate of Free-hold or Copy-hold to the value of 5 l. per Annum or personal Estate to the value of 50 l. any thing in this Act to the contrary notwithstanding 18. And in regard a certain Sect called Quakers and other Sectaries are found not only to offend in the matters provided against by this Act but also obstruct the proceedings of Justice by their obstinate refusal to take Oaths lawfully tendered unto them in the ordinary Course of Law Therefore be it further Enacted by the Authority aforesaid that if any person or persons being duly and legally served with Process or other Summons to appear in any Court of Record except Court-Leets as a Witness or returned to serve of any Jury or ordered to be examined upon Interrogatories or being present in Court shall refuse to take any Judicial Oath legally tendered to him by the Judg or Judges of the same Court having no legal Plea to Justifie or excuse the refusal of the same Oath or if any Person or Persons being duly served with Process to answer any Bill exhibited against him or them in any Court of Equity or any Suit in any Court Ecclesiastical shall refuse to answer such Bill or Suit upon his or their corporal Oath in cases where the Law requires such Answer to be put in upon Oath or being summoned to be a Witness in any such Court or ordered to be examined upon Interrogatiories shall for any Cause or Reason not allowed by Law refuse to take such Oath as in such Cases is required by Law That then and in such Case the several and respective Courts wherein such refusal shall be made shall be and are hereby enabled to Record Enter or Register such refusal which Record or Entry shall be and is hereby made a Conviction of such Offence and all and every person and persons so aforesaid offending shall for every such Offence incur the judgment and punishment of Transportation in such manner as is appointed by this Act for other Offences 19. Provided always That if any person or persons aforesaid shall come into such Court and take his or their Oath in these words I do swear that I do not hold the taking of an Oath to be unlawful nor refuse to take an Oath on that Account 20. Which Oath the respective Court or Courts aforesaid are hereby Authorized and required forthwith to tender administer and Register before the Entry of the Conviction aforesaid or shall take such Oath before some Justice of the Peace who is hereby Authorized and required to Administer the same to be returned into such Court such Oath so made shall
acquit him or them from such punishment any thing herein to the contrary notwithstanding 21. Provided always That every person convicted as aforesaid in Courts aforesaid other then his Majesties Courts of Kings-Bench or before the Justices of Assize or General Goal-delivery shall by Warrant containing a Certificate of such Conviction under the Hand and Seal of the respective Judg or Judges before whom such Conviction shall be had be sent to some one of his Majesties Goals in the same County where such Conviction was had there to remain without Bail or Mainprize untill the next Assizes or General-Goal-Delivery where if such person so convicted shall refuse to take the Oath aforesaid being tendered unto him by the â—ustice or Justices of Assize or Goal-delivery then such Justice or Justices shall cause Judgment of Transportation to be executed in such manner as judgment of Transportation by this Act is to be executed But in case such person shall take the said Oath then he shall thereupon be discharged 22. Provided always and be it Enacted by the Authority aforesaid That if any Peer of this Realm shall offend against this Act he shall pay 10 l. for the first offence and 20 l. for the second offence to be levied upon his Goods and Chattels by Warrant from any two Justices of the Peace or chief Magistrate of the place or Division where such Peer shall dwell and that every Peer for the third and every further Offence against the Tenour of this Act shall be tried by his Peers and not otherwise 23. Provided also and be it further Enacted by the Authority aforsaid That this Act shall continue in force for three years after the end of this present Session of Parliament and from thence forward to the end of the next Session of Parliament after the said three years and no longer Since this was finished I found in the London Gazette Published Thursday April 21. 1681. this Paragraph viz. To undeceive the Kings Loyal Subjects who may be misled into Error by a Pamphlet called The History of the Life and Death of 35 Eliz. These are to inform them that that Act amongst others was continued 1 Jac. until the end of the first Session of the next Parliament There were four Sessions in that Parliament the last whereof ended 7 Jac. but the Act was to continue to the first Session of the next Parliament and though every Session to some purposes be as a several Parliament yet it is no such Parliament which can have a first Session and is never in Acts of Parliament stiled the next Parliament The next Parliament summoned was 12 Jac. but because nothing was done therein it was held no Parliament Then a Parliament was summoned 18 Jac. wherein passed only Subsidies Granted by the Spiritualty and Temporalty Hence a question arose 20 Jac. whether 35 Eliz. was not discontinued upon this ground that 18 Jac. was a Session by passing the Subsidy Act which being referr'd to all the Judges nine of them were of Opinion 35 Eliz. with the other Laws continued 1 Jac. were thereby discontinued To prevent which mischief The Parliament 21 Jac. not only revives 35 Eliz. and those other Laws in all 58. but Enacts that they shall be ad udged ever since the Session of Parliament 7 Jac. to have been of such Force and Effect as the same were the last day of that Session And 't is undoubted they all were then in force by Virtue of 1 Jac. and the latter continuance run clear without the aid of the Declaratory Law of 16 Car. 2. And though this Conventicle Act of 16 Car. 2. be expired yet there is another of greater Force 22 of the King yet in being And having therein mentioned the Act of the 22 of his Present Majesty I thought I could not justly acquit my self of what I had undertaken viz. impartially and fully to let down all that might any ways have Relation to this 35. Eliz. c. 1. without giving you that Statute at Large whereby the Judicious Reader may fee how far it proves the 35 Eliz. still to be in force An Act to Prevent and Suppress Seditious Conventicles FOR providing further and more speedy remedies against the growing and dangerous practises of Seditious Sectaries and other disloyal persons who under pretence of Tender Consciences have or may at their Meetings contrive Insurrections as late experience hath shown Be it Enacted by the Kings most Excellent Majesty by and with the advice and consent of the Lords Spiritual and Temporal and Commons in this present Parliament Assembled and by Authority of the same That if any Person of the age of 16 years or upwards being a Subject of this Realm at any time after the Tenth day of May next shall be present at any Assembly Conventicle or Meeting under colour or pretence of any exercise of Religion in other manner then according to the Liturgy and practise of the Church of England in any place within the Kingdom of England Dominion of Wales or Town of Berwick upon Tweed at which Conventicle Meeting or Assembly there shall be five Persons or more assembled together over and besides those of the same houshold if it be in a house where there is a family inhabiting or if it be in a house field or place where there is no family inhabiting Then where any five persons or more are so assembled as aforesaid It shall and may be lawfull to and for any one or more Justices of the Peace of the County Limit Division Corporation or Liberty wherein the offence aforesaid shall be committed or for the chief Magistrate of the Place where the offence aforesaid shall be committed And he and they are hereby required and enjoyned upon proof to him or them respectively made of such offence either by confession of the party or Oath of two Witnesses which Oath the said Justice and Justices of the Peace and chief Magistrate respectively are hereby impowred and required to Administer or by notorious Evidence and circumstance of the Fact to make A Record of every such offence under his or their Hands and Seals respectively which Record so made as aforesaid shall to all intents and purposes be in Law taken and adjudged to be a full and perfect Conviction of every such Offender for such offence and thereupon the said Justice Justices and chief Magistrate respectively shall impose on every such Offender so Convict as aforesaid a Fine of 5 s. for such first Offence which Record and Conviction shall be Certified by the said Justice Justices or chief Magistrate at the next Quarter Sessions of the Peace for the County or Place where the Offence was Committed 2. And be it further Enacted by the Authority aforesaid That if such Offender so convicted as aforesaid shall at any time again commit the like Offence or Offences contrary to this Act and be thereof in manner aforesaid Convicted Then such offender so convict of such
dangerous Excursions 10. Because that when pious and good men have their publick Liberty and make use of that Liberty only to instruct the People in their Duty to God and the King c. one chief end of the Magistrates care of the State is obtained which is to maintain sound Doctrine 11. Because thereby they will be better enabled and encouraged to perform other good Offices to the King and State 2. Then in Reference to the Church these Reasons are added 1. Because agreeing in Fundamentals with their Prosecutors they are a great Addition of Strength against the force and subtleties of Rome 2. Because thereby Schism will come to a greater closure when the Church shall be satisfied in their profitable Doctrine and peaceable Behaviour which will create a greater desire of Peace and Union 3. Because by this publick Preaching Multitudes of poor Souls that will go no where else are in the way of Salvation and Profession of the Gospel of which some Divines of the Church of England are so deeply sensible that they Treat the Non-Conformists as Friends and fellow Labourers All which Reasons are more at large discussed in the Conformists Plea for the Non-Conformists to which the Reader is referred There remains now no more than only the humble Proposal of some few Queries and so to conclude First in Reference to the Church 1. Whether a Dissenter may be lawfully prohibited from Preaching the Word of God in truth and sincerity at any time or in any place 2. Whether by the blessings and rewards that are promised to those that propagate the Doctrine of Christ they are not obliged to do it 3. Whether the Example of Christ and his Disciples does not admit of Preaching in Houses Streets and Fields to more than five in a Company 4. Whether it be not something Erroneons for the Law of Man to contradict the Law 5. Whether the Passive Obedience of Persons prohibited by a Law from preaching the Word of God be not destructive to the propagation and maintenance of the Gospel of Christ 2. In reference to the Law of the Land 1. Whether the Opinion of the Commons of England That the prosecution of Protestant Dissenters upon the penal Laws is at this time grievous to the Subject a weakning of the protestant Interest and an encouragement to Popery and dangerous to the peace of the Kingdom ought not to be taken into a more serious Consideration 2. Whether the prosecution of Dissenters does not seem a little strange as to the present timing of it when the Papists lie under several Convictions of seeking the Ruin of the protestant Religion in the Kingdom and when the Kingdom is under such fears and Jealousies of the Predominancy of their Abettors 3. Whether it be not more proper to begin with Popery before they go about to extirpate Non-Conformity 4. Whether they who have with so much inveteracy rak'd into the forgotten and pardon'd Miscarriages of the Presbyterians had not better have spar'd their pains as nothing at all to the purpose except to what is unbecoming either peaceable or wise men 5. Fifthly Whether a Law that creates Arbitrary Distresses and Imprisonments be not contrary to the Fundamentals of Magna Charta 3. In Reference to the Law of Scripture and Nature 1. Whether the proceedings of the Law enforcers be not contrary to the Doctrine of Christ Whatever ye would that men should do unto you do ye even the same unto them for this is the Law and the Prophets 2. Whether it be according to Scripture For Protestants acknowledging the same Jesus the same Scripture and agreeing in the Fundamentals of Religion only for differences in human Ceremonies to tear and devour one another 3. Whether in point of Appeal to make Parties themselves Judges be a thing usual 4. Whether in the prosecution of Protestants by Protestants to make use of Informers and Promooters which the Lord Cook calls Turbiolum Hominum Genus instead of Christian advice and solid Arguments be according to Scripture 4. In point of Policy 1. Whether it be not against the Rules of Policy for English-men of the same Religion by cruelties and severities to destroy one another which must of necessity weaken the Force and destroy the Trade of the Nation It being one of the Lord Cook 's Maxims That a King can never be poor when his Subjects are Rich And therefore 2. Whether it be not against the Rules of Policy to set up a Law for the encouragement of vexatious Informers who under the reverend Mantle of Love and Justice to use the Lord Cook 's own words instituted for the protection of the Innocent and the good of the Common-wealth vex and depauperize the Subject for malice and private ends never for love of Justice 3. Whether it be not contrary to the Rules of prudence to make attempts in fruitless undertakings since it is found by Experience that persecution rather encreases than appeases Enmity and the common Maxim is that Sanguis Martyrum est semen Ecclesiae 4. Whether forbearance and mildness would not absolutely remove the scandal given to the protestant Churches abroad and endear us to our Forraign protestant Alliances 5. Whether it be prudence to afflict Protestants at home when we entertain afflicted Protestants from abroad 6. Whether by these unnatural Divisions the necessary Leagues and Tyes of Friendship and acquaintance common Trust and Confidence among men may not in time be broken to the ruin of all Society 7. Whether the wicked distinctions of Tory and Whigg c. were not set on foot to encrease the Dissentions between Protestants and whether the Invention and the Malicious continuance of them do not deserve a punishment equal to the worst of Felonies 5. In Reference to the Executive part 1. Whether the Issuing out of general Warrants by the Justices of the Peace not Authorized by the Statute do not render them obnoxious to other Laws 2. Whether it be not almost morally impossible to Swear a Dissenters Meeting to be contrary to the Liturgy or practice of the Church of England where there is no overt act of publick Disturbance or seditious Doctrine 3. Whether the prosecution of this Law do not afford several advantages to the spiteful and revengeful to reck their Spleen upon their Neighbours upon every slight disgust or falling out 4. Whither it do not afford great opportunitis of Combination between some needy Justice of the Peace and their more needy Associate the Informer to prosecute unlawful Gain it being the general complaint of treble distresses made without any Return 5. Whether the Constable not being authorized to break open any door or force and Gate or Hedge if the Informer be so fool-hardy as to do either and the Constable follow him the Constable and the Informer are not liable to the Law 6. Whether there be any Penalty above 5 l. directed by this Act to be laid upon a Constable that shall be negligent in making Distresses pursuant