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A43688 A true and faithful narrative of the unjust and illegal sufferings, and oppressions of many Christians ... in the county of Devon, since the tenth of May, 1670 ... as also, of the most malicious prosecution of nine innocent persons ... : and of the tryals that were betwixt Matthew Hele ... William Bastard ... and Mr. Edmund Reynel, and John Bear ... at the Assizes held at Exon, in the county of Devon, April 1671. Hickes, John, 1633-1685. 1671 (1671) Wing H1881; ESTC R5989 44,291 42

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not continue long Rich. I think it 's not difficult to demonstrate how the violent Execution of the Act against Conventicles hath more Enervated and decayed Trade which will ever prove the strongest and firmest Pillar for Government to be supported with and to project or assert the contrary will terminate Indefeatably at last in a political Solecism hath pauparized and Impoverished more persons and Families in this Nation than any one thing yea more than many things that may be judged Burdensome and Exhausting for these many years How loud a Cry should this have in the Ears of his Majesty for some Indulgence and a Relaxation of the rigorous Execution of such a Law against so many Thousands of his faithful Subjects and to blunt the Edg of this Sword that Cuts in pieces and mangles so many Members of that Body that he is the Royal and Supream Head of which with much Facility may be done not only by Vacating and Repealing the Law or superceding it by his own Prerogative but as he hath all Executive power of Law to hinder the Execution of it in a way Subservient to the Malice penury and Avarice of many of his Justices in the County which may be done and yet it remain a Law by declaring what is the proper Genuine sense and Construction of words and phrases in it and then to suffer it to be Executed in no other manner than what 's agreable to the same As that though there be never so many under 16 years of age yet it 's no Conventicle when there are no more than four of or above that age besides the Houshold That no Informers shall be Authentick witnesses that it shall be no Conventicle unless it can be prov'd that the Exercise of Religion from the beginning to the end thereof was in other manner than according both to the Liturgie and practice of the Church of England That nothing shall be judg'd a notorious Evidence and circumstance of Fact but what can be as certain and clear a proof of the Fact as the Confession of the party or Oath of two witnesses so as still to be consonant that Axiom Posita Circumstantia rei ponitur res ipsa and not to leave it to every Malicious Indigent and Avvricious Justice to judg what he pleaseth to be such an Evidence and Circumstance that no Constables Church-wardens c. shall be liable to the Mulet of 5 l. for not executing Warrants for Distresses seeing the Act doth not express it page 6. the penalty of 5 l. referring onely to such Officers Neglects of Informing some Magistrate when he knows or is credibly Inform'd Conventicles are held within his Precincts Parish or Limits and shall not endeavour the conviction of the parties pag. 11. of the Act against Conventicles that when it is said pag. 12. That this Act and all Clauses therein contained shall be construed most largely and beneficially for the Suppressing of Conventicles and for the Justification and Encouragement of all persons to be imployed in the Execution thereof It must be understood so far as it 's agreable to other Laws Rules of Justice and Reason That no Justice of the peace or chief Magistrate shall be subject to the Beck of every Informer to go to any House or place where he is Inform'd a Conventicle is or else forfeit the Sum of 100. pounds the Law not Expressing it and that having paid one 100 l. he can forfeit no more by the Law And that whoever forfeits one 20 l. for any House Out-house Barn Yard or Backside shall be liable to no other forfeiture ever after by vertue of this Act it not expressing it That Fields not being mentioned in the Act the Owner of them cannot forfeit 20 l. pag. 8. Notwithstanding meeting in such places make a Conventicle pag. 4. That no Meetings in publick Churches for Religious Exercises shall be adjudg'd Conventicles a Conventcile being properly a Meeting of persons together clandestingly and in some private place for an evil end for though the Law saith pag. 4. That if the Assembly 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 the Magistrate upon proof shall punish them Yet the word place though it seem to be a Generical term it cannot Rationally comprehend a publick Church for we must suppose a Law not to be made against Reason And it 's highly Irrational to judg a Conventicle according to the proper Notion and common acceptation of it which is in so publick a place that every one that pleaseth may come and both see and hear what is done and transacted the word place must therefore be such as a House Field c. that it is private in opposition to one of publick use by Authoratative appointment And lastly That no Meetings be punished by Law but at which under pretence of tender consciences Seditious Sectaries and other disloyal persons contrive Insurrections for it 's unreasonable any should have the least favoux that are not of a peaceable Deportment under his Majesties Government pag. 3. And that it may be known whether any such wicked contrivances be at them let there be particular places for all Parties and perswasions to Meet in and let his Majesty appoint whom he shall judg most fit to be present at their Meetings to hear and what they Preach Pray and Do and make a true report to him How far his Majesty by his Supremacy in Ecclesiastical Affairs which the Act against Conventicles doth not Invalidate or Avoid can Relieve his Subjects distrest other ways than by the Execution of this Act his own Royal Wisdom can sufficient Dictate to him but if he shall judg it fit to do both the former and latter who can be so Disloyal or Disingenuous as to deny him Heart Hand or Purse and not clap their Hands and cordially say God Save the King The Epoche of that Maxime No Bishop no King is the Reign of that profoundly Wise and Learned King James and no doubt it was then a true political Maxim because of that general Interest they had in this Nation whereby they could afford considerable Support to the Crown of England And it 's very requisite that the Supream Magistrate of any Christian Nation should have a Catholick Interest in the Clergy because of the swaying and prevailing Influence it hath usually upon Consciences when it 's honourable in the Eyes of the people but when their Interest is so debelitated and languisheth being at a low Ebb and becoming a waning Moon and setting Sun in the Affections and esteem of the people that are most considerable for Wisdom and Wealth and whereof there are many thousands that did once Revere and Venerate them that they are Incapacitated to do that service to Royal Majesty that formerly they could And there is another kind of Clergy whose Interest is far more considerable among the people Why should it not become a new Maxim in our English Politicks Maxims of State many times varying with present Circumstances and Emergences unto which they are to be accountated few being calculated for all times unless such as have their foundation in Universal truth No Non-conformist no King Let but his Majesty try further how far they can be Serviceable to him and grant them their publick Freedom and Liberty to serve Lord and he will find that with all Vnanimity and a Joynt concurring consent they will say O King Live for Ever FINIS
he was resolved to make him Guilty of the other therefore though Mr. Bastard prov'd that he took all the Informations of the Informers and every word that they said in reference to the same and every Name of the Persons that they affirmed were then present To which Informations likewise the several Informers put their hands but without any proof that there was either Preaching or Praying Mr. John Bear upon his Oath acknowledging he saw or knew of no manner of Worship among the people and the rest that there was no Worship contrary to the Liturgy and Practice of the Church of England And notwithstanding this though Mr. Bastard that he might not Neglect his Duty made a Record hereof as a Conventicle which was put in at the next Sessions and the Money return'd of those Offenders whom two of the Informers sware were there present so much as concern'd the King yet the Judg declared it a Neglect because the Record was not Dated the First day of the Sessions but the Third Whereupon Mr. Bastard declared openly and in the Face of the Court that he did not Neglect his Duty Wittingly and Wilfully which are the express Words of the Act against Conventicles for he could aswel have Dated it the First as the Third day but he knew nothing to the contrary but that it was Valid enough if Entred and Dated any time during the Sessions which are taken in a general Sense every particular day not being a New or distinct Sessions and what Unprejudiced Persons can rationally think or judg otherwise However according to the Directions given to the Jury he was Fined a Hundred Pound Now if the Reader be curiously Inquisitive to know what Judg this was that so far Deviated and Swerv'd from all Justice and Equity least any other should be censured for him I must declare it was Judg Rainford who is profoundly Wise and Understanding in the Law Mild Compassionate and Impartial in the Administration of Justice here in England for ought I ever heard to the contrary except when the Causes of those call'd Fanaticks come before him and then like Naaman he must be pardoned At Ashbrenton near Totness on or about June the 12th one Andrew Helly with his Son Daughter and a Friend were Repeating a Sermon in a Barn of his about a mile from his House to which place just as they had ended came James Parrat and a private Person the Setting-Dogs being Abroad Scented and espied the Game and rather than they would not be rewarded for their pains resolutely Sware he was the Minister and so the Number Five is made up and consequently a Meeting prov'd and Preaching too Logically concluded So Parrat that was never near the place till all was done was Fined Twelve Pound A. H. and his Relations Twenty Eight Pound and this was done by Justice Fowel and J. Kelland who made the Evidence of Informers that are parties the ground of this Conviction which was against all Reason and Law For suppose the Barn part of the Dwelling-house which is about a mile distant from it then though J. P. had been present and a Preacher too there could be no Conventicle A. H. and his Children being of the Family Let it be taken otherwise yet Parat not being there there could be no Conventicle the other not being a Number above what the Law allows so the place was not liable to Twenty pounds But grant that he were there yet not being a Minister or if he were yet he neither Preaching nor Teaching no Law doth punish for Twenty pounds more But the Justices were resolved to set this Poor Barn like a Shepherds Tent on Wheels carrying it home to the precincts of the Dwelling-house for the Fining of that and then Recarrying it to the Fields for the Fining of the people The Agrieved become Appellents to the Sessions where they find no Relief or Redress but great Oppression instead of a Plaister their Heads are Broken more they are Cast and Treble Costs they must pay for their Traverse which is always an Hyperbole in the Excess never in the Defect at the Sessions At Silverton near Exon Justice Sainthil Seised some persons with a Non-conformist Mr. Treg●ss I hope now after all his Storms Arrived at the Haven of his everlasting Rest in a private House about Nine a Clock in the morning and Fined the House Twenty pound and though he could not prove that there was any Preaching or Teaching as there was none yet some of the people were Fined for the Minister Twenty pound more Though he had an Estate of his own which he Acquainted the Justice with and desired he might bear his own Fine but the Gentleman would not grant it The Agrieved appeal to the General Sessions where they Traverse with some good Success touching the Preachers Fine his Conviction not being Recorded which the Appellants Advocate observed to Advantage But yet the Remedy was almost as bad if not worse than the Disease for being found Guilty of the Meeting though not of Preaching they were Sentenced by the Judg of the Sessions Mr. Carew to pay treble Costs as high as if they had been Cast in both parts At Exon there lives an Old Gentleman called Mr. Butler a Justice of Peace in the City who hath been a Notorious Conventicle-Hunter many years the Fame whereof is diffused through all the West The Ardours of whose Zeal and Passion when he is to Engage in this Honourable Imployment so far Transports him that many times he becomes a compleat Th●mobedlamus his Gestures Postures Ravings much resemble theirs whom I have seen bound in Chains which the Boys in the City can Act and Imitate with admirable Dex●y though no doubt he deserves for them a Canonization of Saint●hip but by the Romish Church because he 's never zealous for the Fifth of November and an esteem of a greater Wit because what he hath appears hereby to be mixt with Madness I might Write Voluminously hereof but I will Omit and pass by all things concerning him except this one which the Reader may be pleased to cast his Eye upon thereby to take a measure and judg of all the rest One Evening upon Information given him by some of his Familia●s that there was a Meeting of the Fanaticks at Mr. A. Jeffreys thether he hastens as the Eagle to the prey when he came to the House the Doors without delay were opened to him there he finds about sixteen persons most of them Relations of the Family and Invited to Supper but this Quick-scented Justice smells another Feast in his Conventicling-Fancy and judging rather by Number of the persons than weight of Reason after some wonted Ravings and Ragings Fines the House Twenty pound for a Supposed Meeting and Mr. Chrispin besides his own Mulct and his Wifes was Fined for several Rich persons directly contrary to Law which makes the Rich to pay for the Poor only not whom a Justice shall judg to be so