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 Colâ—ur and PRETENCE of exercise of Religion which words supposeth that the exercise of Religion is but pretended and some bad design is Resolved vâ—z Contriving Insurrectâ—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 Mâ—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 Servâ—â—â—-Book Observ 5. That such as really and visibly perform the exercise of Religâ—â—â— 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 theâ—â— 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 viâ— 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
For want of knowledg the Officers are required to proceed upon credible Information not every or any kind of Information but credible Information and that is such as this Act Requireth viz. The Oath of two Witnesses before a Justice of the Peace or chief Magistrate Observ 6. That if after all this the aforesaid Officers shall willingly and wittingly omit their Duty and be convict as in manner aforesaid then they shall forfeit for every such Offence the Sum of Five Pound to be levyed upon their Goods and Chattels and disposed of in manner aforesaid Observ 7. That the Officers must be Convict of their Offence as aforesaid and that is by the Oath of two Witnesses Thirteenth particular to be considered is the fault and punishment mentioned in this Act of the Justices or Chief Magistrate If they shall wilfully and wittingly omit their Duty in the Execution of this Act then the Justices or Chief Magistrate shall forfeit the Sum of one hundred Pounds the one moity to the use of the Kings Majesty the other moity to the use of the Informer to be Recovered by Action Suit Bill or Plaint in any of His Majesties Courts at Westminster From hence Observe Observ 1. That but one hundred Pound is mentioned as the forfeit of a Justice or Chief Magistrate it is not said for every such Offence or if at any time such Justice shall again Commit the like Offence he shall forfeit one hundred Pounds as it is expressed in the Offences of the Meeters and Officers Observ 2. That the said one hundred Pounds is not to be levyed upon the Goods and Chattels of the said Justice of Peace or Chief Magistrate but it must be Recovered by Action Suit Bill or Plaint in any of His Majesties Courts at Westminster where such Justice or Chief Magistrate thus informed against and Prosecuted will have the great Benefit of a Company of their fellow Subjects called good men and true viz. A Jury to hear and Determine the whole matter who will without doubt inquire whether the Meetings informed against were for godly Instruction or whether they were Seditious Conventicles to contrive Insurrections or such Meetings as are inconsistent with the practice of the Church of England Observ 3. That if upon proof of such Meetings the one hundred Pounds be Recovered then it is to be divided between the King and the Informer Observ 4. That the poor of the Parish is quite shut out from having any Benefit of the said hundred Pounds But let us now proceed to the Fourtenth particular to be considered in this Act That if any person be sued for putting in Execution any of the powers contained in this Act otherwise then upon Appeal allowed by this Act such person shall plead the General Issue and give the special matter in Evidence and if the Plantiff be Non-Suit or a Verdict pass for the Defendant or if the Plantiff discontinue his Action or if upon Demurrer judgment be given for the Defendant every such Defendant shall have his full â—â—eble costs From this part of the Act observe these things Observ 1. That such as put in Execution the powers contained in this Act may be sued for the same otherwise then by Appeal allowed by this Act viz. by other Laws Observ 2. That such person so sued may plead the general issue and give the special matter in Evidence and that is the particular Crimes expressed in this Act viz. Seditious Conventicles Contriving Insurrections Observ 3. If the Plantiff be Non-suit or discontinue his Action or if a Verdict pass for the Defendant or upon Demurrer judgment be given for the Defendant every such Defendant shall have his treble costs Observ 4. That such as will venture a Tryal at Law with the Dissenting Protestants as the Transgressors of this Act in hopes to have treble costs may meet with a great disappointment if there be a wise and honest Jury who understand Law and good Reason Fifteenth particular to be considered in the aforesaid Act That all Clauses therein Contained shall be construed most largly and beneficially for the suppressing of Conventicles and for the encouragement of all persons to be imployed in the Execution thereof From hence observe these things Observ 1. That these large expressions are not a licence to commit violence either upon the Persons or the Goods of any of His Majesties Subjects contrary to other Laws especially that Law called Magna Charta Observ 2. That if any persons under pretence of Prosecuting this Act should commit violence viz. should Wound or Beat any of His Majesties peaceable Subjects may be Indicted for a Riot or if they should kill any of them such Prosecutors may be Indicted for Murder or if they should violently Break open mens Houses to force away their Goods such may be Indicted of Fellony notwithstanding the large and beneficial construing of the aforesaid Act. Observ 3. The best way to escape harm is not to do harm and therefore the Prosecutors of this and another Laws had need take heed that they do not run upon strange Interpretations but act according to the plain expressions in the Law Sixteenth particular to be considered That in case any person offending against this Act shall be an inhabitant in any other County or Corporation or fly into any other County or Corporation after the Offence Committed The Justice or Chief-Magistrate that Convicted the aforesaid person shall Certifie the same under his Hand and Seal to any Justice or Chief Magistrate of such other County or Corporation which said Justice or Chief Magistrate is hereby Authorized and required to levy the Penalty or Penalties in this Act mentioned From hence it doth plainly appear that though an Offender be an Inhabitant in some other County or Corporation yet he ought to suffer the penalty of the Law himself if he be able and can be found and therefore a Justice or chief Magistrate ought not to levy such an ones Fines upon any other persons Seventeenth particular to be considered That no person shall be punished for any Offence against this Act unless such an Offender be Prosecuted for the same within three months after the Offence Committed and that no person who shall be punished for any Offences by vertue of this Act shall be punished for the same Offence by vertue of any other Act or Law whatsoever From hence Observe Observ 1. That no Offender of this Act can be Prosecuted by this Act after three months from the time of the Offence Committed Observ 2. This Act supposeth there be other Laws against the same Offences mentioned in this Act. Observ 3. That such as are punished by this Law for the Offences therein mentioned are freed from the punishments provided by other Laws for such Offences Eighteenth particular to be considered That every Alderman of London shall have the same power and authority within London and the Liberties thereof for the examining convicting and punishing of all Offences within this
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 FOrasmuch as the aforesaid Act hath been and still is vigorously Prosecuted against the Protestant Dissenters to the very great damage of many good Families who are His Majesties peaceable Subjects of whom it may be truly said There is no matters against them except it be concerning the Law of their God as it was said heretofore concerning Daniel Therefore in order to a better understanding of the aforesaid Act let the several particulars thereof be warily and soberly considered with some Observations upon it First Consider the Title of the said Act which is called An Act to prevent and suppress Seditious Conventicles Now it is well known that Titles of Acts are as keys to open the said Acts and by the Title of the aforesaid Act it doâ—â— plainly appear that any Assembly or every gathering together of People is not intended by the King and Parliament but such Assembly as in express words is mentioned viz. Seditious Conventicles and therefore whosoever stretches the Law beyond the express words thereof agreable to sound Reason will not only abuse His Majesties Subjects but the Law also and instead of looking on the Law as a rule to walk by make it an Engine of Ruine therefore let these words Seditious Conventicles be well inquired into least they be applyed unto such Meetings of His Majesties Subjects as are not guilty thereof especially considering that in Ages past such have been charged with Sedition when they were innocent of such a Crime as may be seen in the Holy Scriptures when the Jews went about to build the Walls of Jerusalem and the House of their God Rehum the Chancellor and Shimshai the Scribe or Secretary wrot to the great King Artaxerxes charging them with Rebellion and Sedition and they called Jerusalem the Rebellious and bad City see Ezra 4. 9 12 15. And the blessed Apostle Paul when he stood before most noble Faelix a certain Orator named Tertullus vehemently accused Paul that he was a pestilent Fellow and a mover of Sedition pray see Acts 24. 1 5. Whereas Paul did but Preach the way of Salvation to any number of People that would Assemble together and hear the Blessed Doctrine of the Gospel and this is the practise that the Dissenting Protestants desire to follow and therefore let it be soberly inquired into 1 Whether any number of people quietly and solemnly Assembled together to Preach and hear Salvation by the blessed Merits of Christ and a holy Conversation according to the Holy Scriptures can be indeed and in truth a Seditious Conventicle 2 Whether the aforesaid matters viz. Preaching and hearing of Salvation by the blessed Merits of Christ and a holy Conversation according to the Holy Scriptures be not the constant practice of the Protestant Dissenters in all their Meetings if any should say they cannot tell whether this be their practise because they do not go to any of their Meetings let such take heed they do not lay other things to their charge they being ignorant of their Meetings and let such as daily attend their Meetings be witness of the truth of these things either for them or against them as they will answer it before the God of Heaven and Earth And therefore from the Title of this Act these things being considered these Observations are humbly proposed Observ 1. That such Meetings of People as have no seditious speeches nor seditious practices are not Seditious Conventicles Observ 2. That Protestant Dissenters Promoting the Protestant Religion in their Meetings viz. Faith in a Crucified Christ Repentance for Sin against God and a godly Life in this World ought not to be charged with Seditious Conventicles Observ 3. That such as cannot be proved guilty of Seditious Meetings ought not to be Prosecuted by the aforesaid Act. Secondly Consider the good design of the aforesaid Act and that is To provide Remedy against the growing and dangerous practices of SEDITIOUS Sectaries and other DISLOYAL Persons who under pretence of Tender Consciences have or may at their Meetings contrive Insurrections page 1. From this part of the Act these things are to be observed Observ 1. That Seditious Sectaries and other Disloyal Persons are the only Offenders intended by this Act and the Protestant Dissenters do abhor to be such and can comfortably appeal to God and the King they are not such and have given sufficient Demonstration of this matter by a peaceable subjection to his Government in all parts of England in paying all Taxes levyed by Law and in a patient suffering for Conscience Sake being many times in Prison and have suffered the loss of their Goods Observ 2. Furthermore it is declared by this Act That the Persons intended as Offenders are such who at their Meetings CONTRIVE INSURRECTIONS Now all the Protestant Dissenters will with one voice say Him or them that are thus guilty let them suffer according to this or any other Law but it is denyed that they are at all guilty of this horrid Crime Observ 3. That as their Meetings are and have for a long time been publick and they desire they may be so still they are not in a Capacity to Contrive Insurrections for as much as all sorts of people Women as well as Men Young People as well as Old may come among them and see and hear all that they do and such as do attend the Dissenters Meetings day after day for a long time who are not joyned with them in their particular fellowship can witness for them that in all their Meetings they concern themselves only with matters of godly instructions and not at all with Disloyal Consultations Now if any should be so disingenious as to remember and repeat that desperate Insurrection by Venner's Party in the year 60. and so reflect upon and Reproach the Protestant Dissenters in general it is humbly desired they would Consider these few following things 1. That Action was done but by a few Men about thirty was the whole number 2. That Action and practise was and is detested by the Protestant Dissenters in all parts of England 3. They that were guilty of that bloody Crime have suffered the punishments of the Law 4. Consider that it is not fair dealing to charge a people in general for the folly and madness of a few it is well known that many of the Members of the Church of England are frequently guilty of horrid Crimes against the Peace of their Sovereign Lord the King as also against the God of Heaven and Earth viz. Robbing upon the Highways breaking open Houses in Towns and Cities and many horrid Murders for which they are Hanged but it would be very abominable to charge these abominable