a Truce And those in Savoy have had the like forcing the French General to retire into his Master's Territories But those under the immediate Command of King William have been like the bewitched Cart I formerly mentioned and been able to effect nothing at all but on the contrary he suffered some Diminution of his Honour at the beginning by the loss of Mons almost before his Face and some also in conclusion by the French falling upon his Rere I know that short-sighted Men can easily satisfie themselves with some supposed visible Causes of all this But whatever they think these things are ordered by a secret Hand of Providence which no Man who hath any true Sense of Religion can deny What then may be the Reason of this in relation to that over-ruling Providence I will not say again what I have so often said and since a third Years Experience hath now confirmed what I said at first It is true the Work of God doth and must go on and succeed and he hath and I believe must still have for some time a great Hand in it but I doubt unless he be better advised and take better Counsels it will be but of Service not of Honour that part will be given to others Notwithstanding as it was said to Barack the Journey that thou takest shall not be for thine honour Jud. 4.9 Which words have been much in my mind this Summer And there is besides a farther danger lest what he hath gained already he may not longer enjoy than is necessary for this Service I write not this to prejudice his Majesty or his Service but in very Faithfulness to him and that both he himself and those about him who are well acquainted with the Main Principles of Religion and heartily desire his Well-fair may be moved to take these things and the Questions not long since published into serious consideration and discern wisely what is to be done But he must have a care whom he trusteth for the case is not easily discerned by every Doctor much less how hard it is when a man is once surprised to get out of it and what are the most absolutely necessary Means in order thereunto And He hath been too much deceived and mislead already This is no impertinent Digression from what I was about for his Majesty is equally concerned in what follows as well as what goes before and they are nearly related the one to the other And therefore I now proceed The business by her Majesties Favour succeeding so happily these Gentlemen farther consider'd that if the Justices should be as ready to issue out their Warrants according to their own Order as they had been to pass their Order in pursuance of her Majesties Letter yet that could have little effect unless people could be prevailed with to give due Information of the Offences every where committed against the said Laws as they should have occasion to know and take any special notice of them And for that purpose they agreed to persuade as many as they could not onely to give Information of all such Offences of this kind as they occasionally should take notice of but moreover as their leasure should permit to go out into the Streets and Markets and publick places on purpose and to observe the peoples behaviour there and of such Offences as they observed to be committed against any of the said Laws to give information to some Justice of Peace at their next leasure And a considerable number they prevailed with to doe this merely out of a commendable Zeal for the Honour of the Christian Religion and the Church of England and a just Abhorrence and Detestation of those unmanly and wicked Abominations which are every where committed to the offence of all who have any spark of true Religion Vertue or Consideration in them they being all of them persons of the Church of England and such as frequent the Prayers of the Church and the Sacrament And because in so populous a place and where Impiety and Wickedness was grown so impudent the Informations against such Offences daily committed were like to be many for the Ease of the Justices of the Peace in issuing out their Warrants for which no Fee is to be paid to their Clerks lest it should become tedious to them and so become neglected these Gentlemen at their own charge caused Blank Warrants to be printed for all such occasions and besides provided and imployed fit persons in several parts of the City and Suburbs to fill up the same as the case should be for any who should be willing at any time to give Information thereof to any Magistrate or Justice of the Peace so that the Justice had ordinarily no more to doe but to examine the person upon his Oath and sign and seal his Warrant unless there might be occasion for any little alteration in it and the Informer had a much easier dispatch than formerly when he must attend the leasure not onely of the Justice himself but of his Clerk too till he could have leasure to draw his Warrant whch was often a great discouragement to him to trouble himself another time This done unless the Justice would please to take the trouble upon himself to send the Warrant to the proper Officer which he ought to doe and could command no body but his own Servant to doe it to ease him also of this trouble it was ordered that the person who should give the Information should be desired to bring back the Warrant signed to him that fill'd it up And another person was imployed to call weekly for all Warrants signed and sealed by any Justice of the Peace and then to carry them out and deliver each of them in the several Parishes to some proper Officer of each Parish where it should be executed And for this they allowed him out of their common Stock half a crown a day And lest the Business after all should receive any disappointment by the Neglect or Miscarriage of the Officers to whom the Warrants should be delivered the persons deputed to fill them up were ordered to keep an Account of the several Offenders the Offences the time and place of the Commitment and of the respective Justices of the Peace who should grant the said Warrants and he who was employed to carry them out was likewise ordered to keep a like account of the respective Officers names to whom he delivered them to the intent that Registers might thereby be made of all to be delivered to the Justices of the Peace at their Pâ—â—â—y Sessions 〈◊〉 their several Divisions to enable them the better to examine the Officers how they had executed the several Warrants delivered to them and to charge them to account for the several Penalties by them levied Having thus ordered natures about these parts they farther considered how they might promote this happy beginning to other parts of the Nation and to that end and purpose caused the Order of Sessions
of Religion Virtue Law good Manners and Discretion and to the Scandal of the whole Bench and Commission and deserve no better but to be treated by all Men with Indignation and Contempt as will more fully appear hereafter But in the mean time that they took their ground from that one Passage betwixt Sir R. B. and that Constable may be presumed from these Circumstances that it was at that Chamber that Sir R. B. Mr. Hartley and the Owner of the Chamber were all three there at that time and they only which did not often happen there being other Gentlemen besides who did use to meet and not always there upon the same occasion not one of whom it seems their Worships had any notice of Some Gentlemen undoubtedly were drawn in to concur very innocently in these things through the confident Pretences of others of the Informations they had received and though some others might readily concur out of Prejudice against the Execution of those Laws yet that which at first seemed to move the greatest Heat was a Supposition of some considerable Profit which those Persons who were at such Charge and took such Pains must certainly put into their own Purses And great talk there was of the Ways how it might be done doubtless by some who better understood the Trade than the Office of a Justice of the Peace and were displeased that any such Advantage should be intercepted from themselves by such as were not in Commission of the Peace and therefore had no Pretence for it And it seems and is very likely that this Business was consulted and a Party prepared for it before the Sessions who thereby got Advantage to carry it with the less Difficulty But this Supposition at the Sessions when better considered was found so void of all Evidence or Probability to support it that we find nothing of that now either in the Report or Order preceding though it was much talked on at the beginning of the Sessions But the Order of Sessions which bears date Octob. 12. runs in this Form This Court being informed that Sir R. B. Bar. hath set up an Office at Lincolns Inn in this County to superintend the Actions of their Majesties Justices of the Peace for this County And hath caused several Orders and Warrants to be printed without lawful Auohority so to do And by the Aid of Ralph Hartley Esq one of their Majesties Justices of the Peace for this County hath caused several Convictions to be made against several Persons within the said County contrary to Law doth think fit and accordingly Order that c. the Names of the Twelve good Men are spared though it be more than some of them deserved Justices of the Peace or any three of them be and they are hereby desired to meet at Hicks ' s-Hall in this County on Tuesday Morning next and examine into the Truth of the said Information and by what Authority the said pretended Office is set up and managed and by whom and to what end and purpose What Inhabitants of this County hath been committed of any and what Offences by colour and means thereof and to certifie their Opinion upon the whole matter unto this Court on Friday next And it is further ordered by this Court that the several High Constables within this County do forthwith Summon the Petty Constables within their respective Divisions to bring into this Court on Thursday Morning next all such Warrants as remain in their Custody for the Levying of any Summ or Summs of Money upon any of the said Inhabitants upon any Convictions for Tipling exposing of Fruit or other Goods to sale on the Lords day or any other Offence for the Prophanation thereof And for prevention of any Irregular Proceedings in thâ— Conviction of such Offenders for the future this Court doth recommend it to the respective Justices of the Peace of this County in their several Divisions to Summon such Offenders before they be convicted of any Offence and to inform such Offenders of their Accusers and Offence of which they are accused and not to convict any Person in his Absence unless after such Summons he neglect or refuse to appear before the Justice according thereto And that no Justice of the Peace of this County do convict any such Offenders out of his own District nor discharge any Offenders convicted of any Offence at any Petty Sessions held out of his Division but that it shall be left to the Direction of the Justices of the Peace within the Division where such Party is convicted to admit such Offenders to Bail if they find it convenient Per Cur. Harcourt How this Court was informed or by whom I find so hard to learn that I vehemently suspect there was no such positive Information ever given in Court at all However the first part of it is false and contains no less than a triple Falshood 1. That there was any such Office 2. That there was any set up by Sir R. B. 3. That there was any for any such End to inspect the Actions of the Justices The second part is disingenuous for both the Orders and Warrants are known to be such as though they had had no special Authority for Printing them needed none and therefore an Evidence of Dishonesty and Injustice in those who promoted it and pen'd or directed the Order and of great Inadvertence at least in all that passed it And the third an Impudent and Foolish Calumny Mr. Hartley having more than once upon considerable Occasions given undeniable Evidence of his Constancy and Steddiness to his own Principles and Conscience and therefore a further Confirmation of the Iniquity of those who inserted it and of no less Incivility towards their own Members and of like Inadvertence at least in all who consented to the Passing of it The Order of Reference had been reasonable if the Information had been fair and probable and the Persons named indifferent and impartial But the contrary of this may be suspected since the Information being so faulty yet all but one subscribed the Report which was referred to any three of them The second part of the Order plainly discovers how well affected these Gentlemen are to the Observation of the Lords day and what regard they have to any Laws which suit not with their Humour For the Warrants concerning that are the only Warrants which they call in to Inspect and Suppress It also as plainly discovers what sense of Religion they have of the Honor of God and of the Good of Human Souls and whose Servants and Agents they are Prophanation and irreverent use of things Sacred is a disrespect to God and a pleasant Spectacle to the Devil And the Apostate Spirits as often as they fail to draw Men into Evil do presently apply themselves either to distract them with Business and Cares or to divert them with Pleasures and Recreations from that important Good which cannot be attained by such as seldom attend to it
with divers worthy Persons I am happily concerned for promoting the Execution of the Laws against Prophaneness and Debauchery in conformity to your Order of Sessions and on that account have not spared to calumniate me I judged the true Representation of this matter to be so necessary that I have prevailed with those Gentlemen to permit me to lay before you the Methods they take in that Affair By which it will manifestly appear that it is so far from being Profitable that it has been and is no small Charge to them And in order to spread this yet further they have been moved to set the Example of London and Middlesex before the rest of the Kingdom which required the Reprinting of several thousands of both Your Orders which have been by them sent throughout the Kingdom and of which they have already seen the happy Effects And forasmuch as all your Examination of Constables as to the Execution of Warrants cannot but be defective since you have no Account wherewith to charge them These Gentlemen have here also sent you an exact Account of all the Printed Warrants which have been granted from the very first except the last Fortnights which are not yet Registred but will be against your next Petty Sessions by which you may call every Constable to an Account for the Execution of the Warrants which have been delivered to him Which Account was designed and prepared for the several Petty Sessions where they judged the Examination thereof most proper to be taken had not this Misrepresentation forced them to a Vindication at this time I am Sir Your most Humble Servant R. B. For Sir C. L. These By this Letter it appears that those Gentlemen knew then of no other Calumny raised against them at the Sessions than that of making Profit to themselves by this Undertaking which they so fully answer that we find not any touch of any such thing in the Report And this and what any prudent and ingenuous Man might have observed upon the Letter and other Papers might have satisfyed their Worships had they been such how little credit was to be given to the rest which the bare Truth of the Case hath so far confuted though those innocent Gentlemen were not permitted to know what they were Of the which that the Reader may judged shall here insert The Report WE whose Names are subscribed in pursuance of an Order of Referrence to us hereunto annexed have made diligent Inquiry and examined into the particulars to us referred and upon the whole matter our Opinions are First it appearing to us upon Oath that there is and for some months last past has been an Office or Society kept in Lincolns Inn commonly called Sir R. B 's Office in the Chamber of Mr. Y And that there does preside Sir R. B. assisted with Mr. Hartley and the said Mr. Y That when any Constables have recourse to the said Office the said Sir R. B. gives Directions Repremands and Threatens the respective Constables personating a Justice of the Peace the said Mr. Hartley speaking but little and being made use of only as a Property to sign all the Warrants presented by the said Sir R. B. and Mr. Y That when the Constables go to Mr. Hartley to his Habitation in London to complain of the Irregularity of the said Warrants he bids them come to the said Office That we have perused about 500 Warrants of Conviction signed by the said Mr. Hartley That many of them are Illegal some of them Nugatory and trifting and all of them Irregular It appears to us that some are convicted for suffering Tipling in their Houses that never sold any drink others convicted that had been dead two years before the time of Conviction That there are about 400 Informers belonging to the said Office who carry out Warrants from the said Office ready fill'd up and tender the same to be signed to several Justices who if they do upon not being well satisfyed with these Proceedings refuse to sign the same are threatned to have their Names Returned into the said Office And we are of Opinion that the Multiplicity of those Irregular Convictions is a great Hinderance to their Majesties Revenue of Excise and a great Oppression upon the People and tends to the Ruine of most Victuallers and Alehouse-Keepers and makes the present Government uneasie to them as appears to us by their frequent and dayly Complaints That the Proceedings of the said Office or Society is a great Affront to and so resented by the whole Commission of Peace And we are of Opinion that such Warrants as are issued out of the said Office not executed should be superceded That these Gentlemen used no ordinary Diligence to find out all the Faults they could and to amplifie and mis-represent what ever appearance of any Fault they met with as fouly and maliciously as they could and as the light and frothy Wit of some of them could devise is very apparent But that they wilfully refused to use that Honest and Upright Diligence and Integrity in the Examination of the Truth of the matters referred to them which became them and they ought to have done is apparent from this which they cannot deny that they made their report ex parte without sending any notice to Sir R.B. or acquainting him with the particulars of their Information against him although he was ready to have given them that satisfaction which might have prevented not only their so fouly and unworthily injuring him but also their so unadvisedly exposing their own Persons and their Unfitness and Unworthiness to be entrusted with the Administration of Justice and the Execution of the Laws notwithstanding the Recommendations of the very Order of Referrence which in this case had been just and reasonable to have been observed It appearing to us say they upon Oath But whose Oath this was they resolvedly conceal and will not discover or who were their Informers so much as to their Brother Justice who is concerned in it and was upon the Bench most part of the Sessions notwithstanding the said Order of Referrence Which is another great Evidence of Partiality and little regard to Justice or Common Civility And this justly moves those Gentlemen who know the matter of the Report to be false to believe with much assurance that the Committee cannot produce any one Person of Credit that either did or will affirm it upon Oath in such manner as they have set it out And if this be so how foul a Fault it is in them thus to amplifie and misrepresent Informations which they have received upon Oath I leave to others to determine But in cafe they had had some malicious desperate Fellow or some conceited Knight of the Post who could have dressed up his Story in this manner is all that such Men will say upon their Oath presently to be credited and solemnly reported Ought not Circumstances to be considered and Probabilities be well weighed before any thing be
hath signed above 500 Warrants of Conviction many of which are illegal and that some Persons were convicted for suffering Tipling in their Houses that never sold any Drink others that had been dead two years before Conviction It is thought fit and ordered by this Court That the said Report be and it is hereby confirmed and that all Constables and Headboroughs within their respective Divisions in this County do attend their Majesties Justices of the Peace for this County at their Petty Sessions to be held within their several Divisions with all such Warrants of Conviction as now are or shall hereafter come to their Hands against any Person or Persons for Tipling exposing of Fruit or other Goods to Sale on the Lords Day or any Offence for Prophanation thereof and that the said Justices of the Peace at their said Peity Sessions do Summon before them the Persons Convicted of any such Offences and the Informers and suspend the Execution of or discharge all such Warrants as they shall find to be illegal and also to examine what Monies have been levied by Virtue of any such Warrants how the same hath been disposed of and to whom by Name and by whose Warrant of Conviction such Money hath been levied and certifie what shall appear to them upon such Examination to their Majesties Justices of the Peace at the next General Sessions of the Peace to be held for this County Per Cur Harcourt In the Recital in the beginning of this Order it is said indeed whereby it appeared c. but what that was whereby it appeared it doth not there appear yet they think fit and positively order That the said Report be and is hereby confirmed though that it self be another Difficulty what they intend by confirmed It was Matter of Fact which was referr'd to the Committee to examine and report and is it fit for the Bench to confirm what perhaps may in Fact be false And if it be so will their Confirmation amend it And not rather be a blemish upon the Proceedings of the Court and the whole Commission as they call it wherein are divers worthy Persons who were then absent and if they had been present would doubtless have opposed and disclaimed these Proceedings Well affected Gentlemen it seems they were who were upon the Bench and agreed to this Order or at least who have been hammering of it ever since and easily perswaded to call in Question 500 Warrants and 500 more to that if so many come to the Constable's hands before the next petty Sessions because the Committee tell them that many of them were illegal and all irregular without naming any one Particular for which they are so In case some had been convicted for suffering Tipling that never sold Drink and some who were dead two years before which yet are such strains as no way become the Gravity and Integrity of a Magistrate or any other mistake had been in the Information which doubtless should have been set out if any such could have been found I would know of their Worships whether this had made those Warrants illegal or irregular And what had been the proper Legal and Regular Course to have been taken and by whom in such a Case But of the 500 Warrants suppose many had in truth been Illegal Were all those 500 Warrants for Prophanation of the Lord's Day Or if they were not were none of the rest Illegal If any of the rest were illegal why are such only as were for the Prophanation of that Day ordered to be brought in If none of all the rest were illegal it is plain that Mr. H. acted commonly with good Understanding of what he did and if he had erred in one or two Particulars those might easily have been expressed in the Order And since they are not there must have been some Reason for it And what more likely than that there were no such as they could rely upon and therefore resolved upon a General Allegation though a meer Calumny to support their Design to interrupt and discourage the Execution of these Laws by an Order of Sessions which they found they could not do by checking and discouraging the Informers in private Otherwise it had been certainly more proper for the Committee to have reported the particular Instances and Cases wherein they had been Illegal or Irregular and their Opinions thereupon with their Reasons and such a Report might have been proper to have been confirmed by the Opinion of the Bench for the directions of particular Justices But otherwise to require the Constables to bring in all these Warrants to be inspected at the petty Sessions was unnecessarily to trouble the Country and to give occasion of Dissensions and Confusion among the Justices themselves And I desire to know by what Law or Authority the whole Bench can order the Justices at the petty Sessions to summon the Persons convicted and the Informers who perhaps are not known and to suspend the Execution of so many Warrants till they have reheard the Causes over again And what Authority the Justices at their Petty Sessions have to put any such Trouble upon the Officers in such Case or upon the Informers either But to conclude this Matter these things are apparent to any one who considers them from these Orders and Report themselves without more of doe 1. First That these Gentlemen who have made all this stir without any better ground were Persons not very well affected to the Execution of these Laws 2. That that was apparently a great Cause why so many resorted to Mr. Hartley with Informations who making Conscience of executing the Laws according to his Oath heard them patiently and gave them all convenient Dispatch 3. That these Gentlemen who were the first occasion of this Resort and Trouble to Mr H. by wilful Neglect of their Duties were unworthily incensed against him for it and for his honest conscientious discharge of his 4. That though they have been so greatly though undeservedly and unworthily inceased against him as appears by their indecent and scandalous treatment of him in this matter yet have they not been able to assign any one particular of Illegality or Irregularity in any one Warrant of about 500. which they say they have perused signed by him And that this is a great Demonstration of his Justice and worthy Behaviour in all this business and of their Iniquity and unworthy Malice against him 5. That the Report and this Order of Sessions to confirm it and the matters therein contained tend directly to the Interruption and Disturbance and Discouragement of the Execution of these Laws which as was their Duty her Majesty had specially recommended and required to be faithfully and diligently executed 6. That all this is done without any particular just and manifest Reason which is therefore a manifest and bold Contempt of her Majesties Authority And now upon consideration of this whole matter which is so gross and palpable as cannot be denied and will doubtless move the Indignation of all Serious and Vertuous People in the Nation many good People will be concerned to know whether by our Laws and Constitution there be no due Correction for those Relicks of Arbitrary Government To which for their Satisfaction I can assure them that there is sufficient and that by the special Favour and Providence of God we have now such 〈◊〉 and such Judges upon the 〈◊〉 that it is not to be question'd but some effectual course will be taken for the due correction of those bold Presumptions against the Laws and Insolencies against her Majesties Authority and for a better Regulation of the Commission of the Peace for this County for the future FINIS
to the late King James are so far transported with Faction that they not onely refuse to observe our Solemn Fasts but oppose the Reformation of the manners of the Nation in Opposition to the Queen's Authority recommending the same such Refusal as aforesaid be not an Indication that such Aldermen or Justices are no better Friends to the Government and Nation than they are to Religion and Vertue 5. Whether it be not fit that their Majesties be informed and that they both out of Duty to God and Care for the good Government of the Nation take Notice of such Persons and not suffer the Execution of the Laws to be longer intrusted with them Or Whether the Government of a Nation may intrust the Execution of the Laws to such inferiour Magistrates as may be justly suspected to be neither well affected to Religion nor to the Government 6. Whether it be not the Duty of all good Christians and of all sober People who wish well to their Countrey to Note such Persons and to esteem them as Heathens and Publicans or no good Friends to their Countrey or the present Government and to avoid them These were Questions one would think no man who had either Knowledge in the Laws or Affection to Religion Vertue or Sobriety could be offended at yet were there some Justices at a petty Sessions not long after who were so much concerned at them and had so little discretion as to discover their defect in both by great heat and warm discourses to have the Mercury suppressed and when they knew not how to doe that to have the Authour of them bound to his good behaviour if they could know who he was yet was he one not hard to be known and who never disowned his own acts And these sort of men no doubt readily struck in to give some check to these Proceedings But when diverse of those who were persuaded and out of a pious zeal for the correction of that Profaneness and Debauchery which they frequently met with resolved to give Information thereof found such cold Entertainment and Discouragements from some they first applied themselves to their good Affections to so necessary a Work suffered them not to desist for those discouragements but rather to seek out for other Justices of the Peace where they might have better Treatment and an easie Dispatch to return to their own employments being most of them Tradesmen And when they met with this from some others but especially from Mr. Ralf Hartley a sober vertuous and generous person they daily more and more resorted to him so that in some time there were some hundreds of Informations brought to him and upon due Examination he granted his Warrants accordingly But such was his Caution to keep within the bounds of the Law that his house being within the Liberties of the City if any came to him to his house he always refused to act any thing of Justice business there but directed them to some place in Middlesex as his occasions lead him where they might come to him and that once known more came to him Among so many Informations it were a wonder if no Involuntary Mistakes were committed yet it seems they were so few that Malice it self could find out no more than two that carried colour enough to ground a Calumny upon and two possibly there were the one The Owner of a house and his Tenant they say he was lived both in the same house which is an Ale-house so that many might not know which of them kept the Ale-house But if there was any mistake in this it was an involuntary mistake but the house was truly assertained in the Warrant the other A Woman who buried her Husband married another but yet being commonly called by the name of the first as is frequent such as had not heard of his Death might well suppose him still living And this if it was so was such another Mistake as the former but neither of them any fault in the Justice And yet these are all the Faults that are particularly assigned in these Proceedings which is a great Evidence of the Injustice of the Calumnies raised against him There is one thing more which hath been made use of for a Ground and very Artificially dressed up into a fine Story though it be in truth no more than this One day there came to Mr. Hartley to his House a Person whom he knew not about some Warrnts Mr. Hartley being busie and before resolved not to meddle with any such Business there ordered him to come to him to Lincolns Inn to a certain Chamber where he had appointed to be at a certain Hour and where these Gentlemen divers times met but at this time were only Mr. Hartley Sir R. B. and Mr. Y. the Owner of the Chamber When the Man came there he proved to be a Constable of the Parish where Sir R. B. lived of whom Sir R. had heard great Complaints for Misbehaviour and Neglect of his Office and meeting him so Opportunely reproved him for it and threatened to have him punished if he did not mend his Manners as any one else might have done without personating a Justice of the Peace Besides this one Constable there was never any at that Chamber with any of these Gentlemen but one whom Mr. Hartley once sent for to secure a Drunken Man who with a naked Bagonet frighted the People as they went along the Fields and was by some of them brought before him there And these were all the Constables that were ever there Nor had Mr. Hartley ever signed more than two Warrants at that Chamber or any Warrants at any other Chamber in Lincolns Inn above twice or thrice when these Matters were so mis-represented the last Sessions This is the Truth the full Truth and nothing but the Truth of all the Matter which a Combination of some Justices of the Peace at a Publick Sessions at Hick's-Hall have lately Maâ—iciously Falsly and Scandalously mis-represented in a Formal Order of Sessions under pretence of an Information to the Court and in a Report of a Committee to whom this mighty matter was by the Order referred to be examined grounded upon Oath as they say of I know not whom I know what I say This Language though it may seem strange to some is no more than is necessary and decent in this case Wherein the Persons intended behaved themselves not with that Gravity Justice Uprightness Candor and Integrity which becomes Judges and Magistrates but as some little peddling mercenary Lawyers use to do who if they happen to get some little brangling Cause think they do bravely well if in the opening of it they can but set it out with Colours feigned Aggravations and little Strains of Wit or Oratory though for want of sollid Matter and good Evidence upon the Tryal it redound to their own Shame and the confounding of their Cause Just so have these Men done to the exposing of their own Wants both
could not conveniently engage in any such Parish-work but leaving that to the Inhabitants of the several Parishes thought something of a more universal Nature and such as private Persons by their Pains and Purses might promote more proper for them And thereupon began to consider how they might best promote the Execution of such Laws as we have against all manner of Prophaness and Debauchery And considering that all this Mischief which like a Torrent had overspread the whole Nation and all Ranks and Degrees of People in it proceeded indeed from the evil Examples of the late Reigns but yet received great Encouragement from the Remissness and Negligence of the Magistrates and Iustices of the Peace in not duly executing the Laws as by their Oaths they are obliged to do This appear'd a Difficulty above their Power to overcome and for which no proper and effectual Remedy could be thought on below Her Majesty's Authority It was then not long before a General Sessions was to be held at Hicks-Hall for the County of Middlesex and Her Majesty was no sooner moved for her Letter to recommend and require the strict Execution of those Laws to the Justices there then she did most readily and graciously receive the Motion and commanded a Letter presently to be prepared as full as might be for that purpose And as well for a memorable Instance of her Piety and Vertue as for the Authority of it and relation it hath to the Business in hand I think fit here to insert it as followeth Maria R. TRusty and Well beloved We Greet you well Considering the great and indispensable Duty incumbent upon us to promote and encourage a Reformation of the Manners of all our Subjects that so the Service of God may be advanced and those Blessings be procured to these Nations which always attend a Conscientious Discharge of our respective Duties according to our several Relations We think it necessary in order to the obtaining of this Publick Good to recommend unto you the putting in Execution with all Fidelity and Impartiality those Laws which have been made and are still in force against the Prophanation of the Lords Day prophane Swearing and Cursing Drunkenness and all other lewd enormous and disorderly Practices which by a long continued Neglect and Connivance of the Magistrates and Officers concerned have universally spred themselves to the Dishonour of God and the Scandal of our Holy Religion whereby it is now become the more necessary for all Persons in Authority to apply themselves with all possible Care and Diligence to the suppressing of the same We do therefore hereby charge and require you to take the most effectual Methods for putting the Laws in Execution against the Crimes above mentioned and all other Sins and Vices particularly those which are most prevailing in this Realm and that especially in such cases where any Officers of Justice shall be guilty of any of those Offences or refuse or neglect to discharge the Duty of his place for the suppressing them that so such an Officer by his Punishment may serve for an Example to others And to this end we would have you be careful and diligent in encouraging all Constables Church-wardens Headborroughs and all other Officers and Persons whatsoever to do their part in their several Stations by timely and impartial Informations and Prosecutions against all such Offenders for preventing those Judgments which are solemnly denounced against the Sins above-mentioned We cannot doubt of your performance hereof since it is a Duty to which you are obliged by Oath and are likewise engaged to the discharge of it as you tender the Honour of Almighty God the flourishing condition of his Church in this Kingdom the continuance of his Holy Religion among us and the Prosperity of the Country And so we bid you farewell Given at our Court at White-hall the 9th day of July in the Third Year of our Reign By Her Majesties Command Nottingham To our Trusty and Well-beloved the Justices of the Peace for our County of Middlesex as Hicks's Hall This was the Letter and besides others afterward it had this happy Effect or Consequence at least immediately following In bord date the Ninch of July the Tenth it was delivered to the Justices the Eleventh they made their Order pursuant to it and the very next day it is observable had we that famous Victory in Ireland as if the Almighty who by his Wisdom disposeth the Times Seasons and Circumstances of all things designed that very time for the Engagement which as I take it neither party then intended to demonstrate or signalize his Favour upon so small a Beginning of a Reformation No doubt but some who think themselves wise will smile at least or shake their Heads at this Observation But they must know that it is not Wisdom but often folly and stupidity not to take notice of such Minute Things as the Vulgar even of learned and reputed Wise Men little regard And though from such Circumstances considered alone it may not be fit to be very positive in concluding such Inferences yet from a concurrence of divers Circumstances a truly Wise Man may receive such satisfaction for the happy and successful guidance of his Actions as the Wisdom of the World is not capable of And the Truth is Divine Indications are for the most part rather by such secret Hints and unobserved Admonitions as the wisest of Worldly Men would over-look than by such sensible Incitations as might move a Horse or a Mule though even such are often overlooked by many who think themselves wise and too often by such as are in some degrees Partakers of the true Celestial Wisdom Because they regard not the Works of the Lord nor the Operation of his Hands he will destroy them and not build them up But whose is wise will ponder these things and they shall understand the Loving Kindness of the Lord. And therefore passing by former Occurrences upon this Occasion I think fit to add here a brief Observation upon some of this Year In the War in Ireland His Majesty was concerned in Interest more than in Honour because he was not engaged in Person in it and it was not managed under his immediate Conduct But in the Common Cause of the Confederates he was more concerned in Honour being personally engaged in it A Noble Confederacy it is indeed and a Just and Honourable Cause and it hath been bless'd with no mean Success in general But if we consider the Particulars though there hath been nothing wanting either of Courage Activity or Conduct in the King and he had a great and powerful Army under his Command yet hath he so failed in Success that he hath been able to do nothing at all Ireland hath been reduced without him the Emperor's Forces have had such Success against the Turks when they were more in danger to have been destroyed by them than to have obtain'd such a Victory that the Turks have been forced to
for Middlesex and the like Order of the Lord Mayor and Court of Aldermen to be printed in a smaller letter and to be sent into all parts of the Nation it their own charge hoping that other Cities and Counties would thereby be provoked to follow so good an Example and shew their readiness of themselves to gratifie her Majesties so gratious and pious intentions As the County of Gloucester and that City did having timely notice the same Quarter Sessions and others 't is said have done the like since This was a Business which they foresaw from the beginning could not be carried on without some Charge and therefore for that purpose they presently agreed to raise a Common Stock by their own voluntary Contributions And though they resolved to spare neither Pains nor Costs for the promoting of it yet being most of them private persons they thought it most prudent upon diverse considerations to manage it with as little noise as might be and with all the Privacy that a business of this nature is capable of And had continued so to doe had not the Malice Misrepresentations and Calumnies of some evil persons at this last Sessions at Hiks's-Hall made a Plain Narrative of their Procedings necessary for a Just Vindications of their Innocent Honest and Commendable Design and Undertaking It is true it could not be expected but that many Offenders who were punished by the Justice of these Laws would be incensed against all such as they should know to have any hand in promoting the Execution of them as likewise such dissolutes 〈…〉 are unwilling to be restrained within the 〈◊〉 of Religion Vertue or Sobriety And it has been observed that many such as are ill affected to the Government have at much as any opposed and exclaimed against this Execution of these Laws principally and with the greater heat and indignation because recommanded and required by her Majesties Authority But there being nothing in all those Proceedings contrary to Law or which any private person might not lawfully be concerned in but all designed and directly tending to the promotion of what her Majesty had so graciously recommended and required for the Honour and Service of God and the good of the Nation there could be no doubt of the Apprebation of her Majesty and of a good people if it should at any time come to be known And it was all so contrived for the Ease of the Magistrates and Justices of the Peace that upon that single consideration it might well be thought to deserve not onely their Approbation but Thanks also and special Encouragement But there are two other Considerations in the Case which ingenuous minds would have been sensible of and affected with the one that what was done was for promotion of their own Order the other the Honour that was done them by recommending their Example to the whole Nation And great pity it is that a Party of unworthy persons gotten into the Commission of the Peace of this County should have so far prevailed upon some of their fellows as by their Rashness and Inconsiderateness to say no worse to bring a blemish upon the Bench where notwithstanding to doe them right were many worthy persons who utterly disliked their Proceedings besides many others of worth and quality who were absent It is certain that no part of the Nation doth more abound with persons of worth and well qualified for the Administration of Justice than this part of Middlesex near London and yet it is commonly said and believed that it hath usually had the unappiness to have more notorious corrupt mercenary and ill men in Commission of the Peace than any County of England besides And the reason may be supposed to be this Hither is the common resort of the dreggs of the whole Nation and besides many other vicious and licentious people of many persons of broken fortunes and many Lawyers who have neither Abilities to get into practice nor Vertue to be contented with their own Estates and what they might honestly acquire by such employments as they are qualified for And whereas in other Countries there is nothing of Profit to be easily gotten by being in Commission of the Peace which might invite any to solicit to be in but a certain Charge attending it in this it is commonly said and believed that some Justices of the Peace do usually make 200 or 300 li. per annum of their places or more And it is not unlikely if it be well look'd into that there may be found at this time in Commission of the Peace for this County diverse persons of very ill Morals of profane and light Conversation of decayed and broken Fortunes and some professing the Law who have little or no Practice unless as Justices of the Peace and who have used great solicitation by recommendations to get in and some who may reasonably and are suspected to be no good and faithfull friends to this Government And from some of these Gentlemen probably the violent Opposition that hath been lately made to those honest and commendable Endeavours of the Gentlemen before mentioned for promoting her Majesties Pious and Honourable Intentions and the very End of the Order of Sessions hath proceeded Though the Order of Sessions upon the Queen's Letter was passed without any interruption and with great expedition the very next day after the receipt of the Letter and and in like manner such an other Order in the City by the Lord Mayor and Court of Aldermen not long after though without any such Letter to them directed yet it soon appeared that some Magistrates in the City and Justices in the County were not so forward to observe their own Orders and execute the Laws as was expected This appeared by the treatment which divers met with who offered to give them Informations but were put off checked and discouraged for their pains And it was observed that several who were most cold in the business were such as were beleived not overwell affected to the Government And this occasioned those Questions which were printed in the Athenian Mercury Sept. 5. which are not improper to be here inserted as followeth 1. Whether an Alderman in the City being a Justice of Peace or other Justice of the Peace in the Countrey refusing to â—â—ke an Information upon Oath against any scandalous Sin or Offence punishable by the Law and subject to his Cognizance or to send out his Warrant for the Punishment thereof upon legal Conviction doth not thereby violate his Oath of Justice of Peace and become guilty of Perjury before God 2. Whether for that Cause especially if his Refusal be common and notorious though it be not punishable by the Statute against Perjury he may not be punished by the Common Law 3. Whether it be not a plain indication that such a Person hath little or no sense of Religion or of the Fear of God in his Heart 4. Whether it being plain Matter of Fact that many addicted
with serious and deep Meditation but easily lay that aside And for those whose Minds are all the six days incumbred with many things of the World to be diverted a good part of the Seventh from that One thing necessary cannot but greatly gratifie those malicious Spirits and to see so much of their Work done to their hands nay and the very Ministers of God for the Good of Men as Magistrates are ordained to be become Voluntiers in their Service for the Promotion of it contrary to their Oaths and contrary to the Laws they were appointed to execute I doubt there will be few found to have been very sound Christians who have little regarded the Observation of this Day And certain I am that one of the Best and Wisest Justices that ever England had the late Lord Chief Justice Hale was a very Religious observer of it himself and did greatly recommend it to others upon all occasions both by Word and Writing and largely in his last Instructions before his death to his Grand-Children not only from Principles Authorities and Arguments of Reason but also from his own long and frequent Experience They conclude this notable Order with certain Recommendations to their fellow Justices which is the third and last part of it and with great appearance of Justice and Equity but in truth with great Presumption against the Laws great Insolence against her Majesties Recommendations and Commands and great Artifice to frustrate or obstruct the Effect thereof and of that very Order of Sessions which was made in Obedience and pursuant thereunto Nothing can have a more plausible appearance of Reason and Justice than the Prevention of Irregular Proceedings and Notice of one's Offence and Accuser before Condemnation And by the Common Law no Man can be Convicted but after Summons and Tryal per Pares But if the Wisdom of the Great Council of the Nation have thought fit in some special Cases of notorious common Offences against the Laws not only of the Nation but of God and Nature too and for which the Penalties are small in comparison of the Crimes to omit both and to appoint a more expeditious way of Proceeding it is a very bold Presumption in a little Faction at a Sessions to make themselves wiser than the Laws and to assume to themselves so much of a Legislative Power as to prescribe to their Fellows Rules to act by contrary to the Laws and to correct the Methods direrected by the Laws as Irregular Proceedings The like Presumption it is to prescribe narrower Bounds to themselves and their Fellows to act in under a new name of their own District than their Majesties and their Commission hath set them or their Oaths will allow them to observe It is true for Licensing of Ale-houses and taking Accounts and making of Officers and such like things which cannot so well be done by Strangers as by those who live in the same Division the Justices in all Countries have used as by Law they may to divide both the Trouble and the Profit which in those things accrue to their Clerks between them and to act in their own Divisions neither indeed can they ordinarily do otherwise unless they would neglect their own these being matters which are usually dispatched in all the several Divisions throughout the whole County at the same time But it is a new Project to extend this to the Punishing of Offenders thereby to hinder the Execution of these Laws And such is that of acquainting all Offenders who are their Accusers which would certainly deter People from giving any Information the Penalties being so small against the most notorious malicious impudent and desperate Offenders A much more just and reasonable Course was it therefore which Mr. Hartley took to let any one know who was his Accusers if he would be bound to Prosecute him These being matters of very bold Presumption against the Laws and greatly to the hinderance of the Execution of them are so much the greater Insolence against her Majesty who by her gracious Letter had recommended and command the strict Execution of them with so much Earnestness as may be seen before But this is not all Upon Thursday Morning according to this Order the Counstables brought in the Warrants remaining in their Custody for the Offences aforesaid of which no small number had been neglected to be Executed probably by some secret underhand Encouragement and by these Gentlemen were torn or suppressed under pretence of Illegality and Irregularity by which what they understand may be judged by what hath been observed already And here having seen before how observant they are of the Laws of the Land and of her Majesties Recommendations and strict Commands it is fit to take a little notice What just regard they have to their own Rules and Prescriptions which they no sooner make than they notoriously violate unless they were made only in favor of such as Transgress the Laws which the Queen requires to be Executed but not in favor of those who worthily endeavor to promote the just Execution of them Which is the Case of Sir R. B. a Gentleman of Quality a Bar. who came over with the Prince and a Person of very good Reputation yet was not he vouchsafed this Favor to have so much as a Summons or any civil Notice from their Worships Nay though upon a general Notice from others That his name was in question there for what he had done in this matter he sent a very civil Letter with an Abstract of the Methods of the Proceedings before related and such a Register of the Warrants as is before described to Sir C. L. the first Man of the said Committee to give them all the Satisfaction that upon such general Notice was cenceived requisite and these were all delivered to him by a Gentleman of good Quality before the Report was made yet would the said Sir C. L. and his Fellows needs proceed in that rash ungentile false and scandalous Report notwithstanding as if there had been no Authority in the Nation to superintend or control their Actions Nor could he obtain the favor to be by them informed of his Accuser or of the Particulars of his Offence that he might have given a more particular and complete Satisfaction if there was occasion before he was so scandalously misrepresented by the Committee in their Report to the Bench notwithstanding the Recommendations of their Order aforesaid for that purpose in the case of any of the foulest Offenders without Exception Which is plain Demonstration that it was not any sincere regard to Justice but under Pretence of that an evil Design to obstruct and discourage the Execution of these Laws contrary to the Queens Letter and to the Order of Sessions thereupon that was intended by some of them in those Illegal Recommendations The Letter was as followeth October 16. 1691. SIR FOrasmuch as the Malice of Wicked Men has so far prevailed as to misrepresent that Undertaking in which
concluded and especially in such a Case as this Certainly there was no such diligent Examination as is pretended and became them to have made when what they had and might have had on the other side was not regarded That there was any such Office commonly call'd Sir R. B's Office or any at all set up by him that he or any one else did ever preside at any of the Meetings of those Gentlemen that there were any respective Constables more than the two before-mentioned who had any Recourse to that Chamber that Sir R. B. did there personate a Justice of the Peace that Mr. Hartley was made use of as a Property to fign Warrants and that he did at any time bid any Constable come to the said Office are all false and impudent scandalous Fictions and plain Nugatory Trifles of some malicious light and inconsiderate Persons And having already set out the Truth of those things from whence they took their Ground I need say no more to confute them From what hath been said and indeed from a due Consideration of the Report it self it is manifest what Credit is to be given to their Bare Assersion that of about 500 Warrants which they say they perused many were Illegal some Nugatory and Trifling and all Irregular without the least mention of any other Particular than those two which I have before shewed were Mistakes if they were indeed Mistakes not of the Justice but of the Informers and besides involuntary and such as any man might easily commit Which is a strong Presumption and weighty Argument that they had no more or greater Instances especially when we see them strain their Oratory to multiply two single Instances into plural Numbers But for them to complain of Illegal Nugatory Trifling and Irregular However their calling in tearing or suppressing so many Warrants under such Nugatory Pretences is that for which I think they ought not to be trifled with The next Clause is true in part viz. that the Informers did tender Warrants ready filled up to be signed to several Justices who refused to sign them But it is not only false but improbable that they should threaten any Justices and more improbable that they should threaten to return their Names into any such Office which they never heard of nor could be imagined to have any Power over them They conclude their Report with their Worship's Opinion viz. 1. That the Multiplicity of the Convictions which they please to call Irregular by which what they intend is noted before is a great Hinderance to their Majesties Revenue of Excise On the Loyalty and Policy of the late Reigns Not yet forgotten But they forgot we have now Princes of more Magnanimity and Religion than to stoop to so mean Policies as the Augmentation of their Revenue by the Prophanation of Religion the Corruption of the Manners of the People and the Violation of the Laws which they are bound to maintain and see that they be duly executed and of more Prudence than to be so imposed upon by such Pretences so to recede from their Authority as well as Duty They add 2. And a great Oppression upon the People and tend to the Ruine of most Victuallers and Ale house keepers and makes the present Government uneasie to them The profound Wisdom and Goodness of these Gentlemen Possibly so good Nature might extend to one sort more which they thought not fit or needless to name being sufficiently comprised among these And indeed it is a plain Case that the Execution of Good Laws will always most certainly make any Government uneasie to those who will not otherwise amend their Manners And the Neglect thereof will as certainly in time make them as uneasie to the Government But for ruining of any honest and sober Victualler and Ale house keeper by legal Convictions the Parliaments which made the Laws were it seems of another Opinion And we may presume all those who all this while have never since thought fit to alter them to have continued of the same Certainly these Gentlemen who presume thus to argue against the Laws very much forget themselves that they were only at a Sessions of the Peace and not of Parliament or else they would never so unanimously have subscribed to such Stuff as this But we have more of their Worships Opinion viz. 3. That the Proceedings of the said Office as they will needs call it or Society is a great Affront to and so resented by the whole Commission of the Peace By whose Commission I suppose they intend all the Justices in Commission and not only their own Party and if so I must be excused from giving Credit to what they say for I know the contrary And though they had mustered all their Strength for this purpose yet I am satisfied that there were divers very worthy Persons upon the Bench this Sessions who well approved the Proceedings of those Gentlemen but not those of this Committee And had the Committee but deigned that lawful Favour or Civility to the innocent and honest Gentlemen concerned which they readily extend even beyond Law to Criminals and Offenders they might have seen Cause to have better confuited their own Reputation than to have exposed it by so mistaken and unworthy a Resentment Lastly they conclude their Opinion That such Warrants as are issued out of the said Office not executed should be superceded There being no such Office it is hard to say what Warrants they mean But because we must suppose they did mean some unless we suppose them to talk idly we must understand all such as were sign'd by Justice Hartley at that Chamber But had they been more than indeed they were Why must they be superceded Certainly they would be hard put to it to find a legal and regular Answer and much more to answer for all those Warrants which they have torn or suppress'd very rashly I doubt and unadvisedly as well as illegally This Report notwithstanding all that hath been said was confirmed as they are pleased to term it by an Order of Sessions bearing date the 16th of Oct. But though the Minutes were then taken something to do there was it seems among some of them afterward before they could settle the Order which though often call'd for a Copy of it could not be had till that Day Fortnight and by that time they had at last hammered it out how agreeable to the Minutes I know not in the Form here following UPon reading the Report of Sir C.L. Sir J. S c. Justices of the Feace for this County to whom it was referred by Order of this Court of the 12th of October instant to examine among other matters what Inhabitants of this County have been convicted by Warrant from Ralph Hartley Esq one of their Majesties Justices of the Peace for this County for Tippling exposing Goods to Sale on the Lord's Day or any other Offences for Prophanation thereof whereby it appeared the said Mr. Hartley