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judgement_n action_n plaintiff_n verdict_n 2,804 5 11.1682 5 true
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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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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 ●●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