Selected quad for the lemma: peace_n
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A65675
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An ansvver to the order of the Middlesex justices, dated the 20th of December last, touching the suppressing of conventicles which order is here compared with the act of the 22d of this king, on which the same is grounded : wherein it will appear that the said order is lame and insufficient for any constable, or other officers to act by : being an answer to a letter received from a friend in Middlesex : wherein is also laid down some directions to the officers touching the execution of that act, according to the true intent and meaning of that law / by D. R.
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Whitaker, Edward.
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1682
(1682)
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Wing W1699; ESTC R8053
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8,931
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12
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commands none of the Constables or other Officers to Swear against any And this may be said of the Order in general That were it not an Order of Sessions it might be taken to be a force upon Men to Swear and looks something like an Invitation to Barratry or at least setting up a new Trade of Swearing and as to that part which commands the Constables to return the Names to them at the Sessions there is no pretence in the Act to warrant such a Command Therefore as to the whole Order of the Sessions and their Warrants thereupon to the Constables sent by the High Constables wherein they are commanded to act according to that Order I do here affirm There is not the least ground in the Act for such Orders nor can the Constables or Headburroughs Answer the same in case they should turn Informers if questioned hereafter no more than some of the Justices of the Peace of Middlesex can answer the stopping Indictments from being found by the Grand Jury at Hick's Hall about three or four Sessions ago which was so bold an Attempt and Stab to the Common Law that I dare affirm there never was so great an Offence committed by any Justice since the Saxon Race began in England Thus having given you my Opinion of the Order and compared the same a little with the Act I shall go on a little further to shew what the Constables and Officers Duties are upon the Act. And first I do say Where the Constable receives a Warrant to seize any Person convicted he ought to obey it and go with the Informers to seize the Person but nevertheless if the Person be in any House that is shut and the Doors refused to be opened the Constable hath no Power to break it open nor to stand by while it is done unless it be where there is a Meeting and then no more but to get into the Meeting if they are refused entrance and no other ways will the Act bear them out in nor is it the Constables work to be an Informer but to keep the Peace and if any Constable have a Warrant from a Justice to go to such a place where there is a Meeting to take the Names of the People who will not give their Names the Constables nor Justices cannot force them nor are they bound to be over forward in asking for the Act appoints no such thing nor are the Constables or any under Officers obliged to enter into any Meeting-house to disturb them unless that first they have a Certificate under the Hand and Seal of some Justice of the Peace of such Meeting which appears plainly in the 9th Paragraph of that Act. But admit such a Certificate should be made of a Meeting had or intended to be had Sect. 〈◊〉 consider how dangerous a thing this will be to the Constables or any under Officers to seize Persons in the same Meeting for how can he that comes to seize the Persons tell but that those very People there met is according to the Liturgy and Practice of the Church of England And if it be so that the same Duties of Religion are performed there in a peaceable manner as are in the Church of England then it is most plain that the same is no Conventicle and so not within the compass of the Law Now it will not be amiss to consider what is used for Service in the Church of England In the first place Prayer is used in the Church both by the Common-Prayer-Book and without in the Pulpit then Singing of Psalms then a Sermon Now if the Meetings do perform nothing but these Exercises it cannot by this Act be made a Conventicle and if there be any Meeting in England that doth not all or the most of those Duties then let the Middlesex Justices and Constables do what they please with them and if they do all these Exercises though one of them may be omitted yet I think it cannot be made a Conventicle for the words are viz. In other manner then according to the Liturgy and Practice of the Church of England and how any Officer can Swear or Prove that Prayer Preaching and Singing of Psalms are not the Practise and Usage of the Church of England I know not but must leave them to consider the Consequences London Printed for Ab. Green 1682.
upon a General Warrant unless the Justices mean by this Order that the Constables and Church-wardens c. must be common Barretors as well as turn Informers neither of which by that Act can they be compelled unto which I shall demonstrate thus viz. The Act Section 1. Enacts 22 Car. ◠Sect. 1. That it shall and may be lawful to and for any one or more Iustices of the Peace of the County Limits Division Corporation or Liberty where the offence aforesaid shall be committed and such offence either by the confession of the Party or Oath of two Witnesses c. to make a Record of every such offence under his and their Hands and Seals c. which Record so made as aforesaid shall to all intents c. be taken to be a full and perfect Conviction and thereupon the said Iustices or Magistrates c. shall impose on every such Offender the sum of 5. s. for such first offence By which it plainly appears in this Clause that the Party must be first Convicted before the Constables or Under-Officers can execute the Warrant for the first Offence and if the Record must be made then it follows that the Person Convicted must be named but how this General Order or General Warrant will justifie the Constables I leave all men to judge and except the Justices can support their Order and such General Warrants by any other part of the Statute this I am sure is so far from enabling the Constables to act according to Law in the Case that it hath not the least semblance of it for by the Act the Witnesses must be the Informers and give in the Names in order to Convict the Party But in these proceedings of the Justices the Constables c. must turn Informers against their Neighbors to find themselves work to seize them and their Goods which no Constable or Officer can do by this Law unless we can find some other Paragraph in the Act that will suit that Order therefore I shall proceed and consider another Clause in the Act which seems at first to be more pressing upon the Constables Sect. 11. c. that is Section 11. And be it further Enacted c. That if any Constable c. who shall know or be credibly informed of any such Meetings c. held within his Precincts c. And shall not give Information thereof to some Justice of the Peace c. And endeavor the Conviction according to his Duty but such Constable c. shall wilfully omit the performance of his Duty and be thereof Convicted in manner aforesaid he shall forfeit for every such Offence the Sum of 5 l. to be Levied upon his Goods and Chattels c. Now I conceive this Clause which is all in the Act that hath any colour to press the Constables to turn Informers is far short of the thing designed for by this Clause it appears the Constables c. must first be credibly informed by others of a Conventicle or Meeting within their Precincts before they are obliged to take notice or look after them and this Clause is far short of forcing the Constables c. first to go about their Precincts to seek for Conventicles as if they wanted imployment which by the Sessions Order they are supposed to do But further admit that a Constable or other Officer short of a Justice should wholly neglect his Duty contained in this Clause yet I conceive he runs no hazard at all as to the Penalty of the 5 l. before mentioned nor any other hazard upon this Statute because the Act doth not prescribe how the Constable shall be convicted whether by the Sessions the Justices or by a Jury nor in what manner the Constable ought to be prosecuted for the 5 l. mention'd in the Act for not doing what the Act commands And to shew that the Constables and other Officers are not bound to go and enter into Meeting Houses unadvisedly Sec 〈◊〉 9. In the 9th Sect. of that Act you will find that they have no power to seize or break open any Meeting or take any Person thence not be ayding until Certificate be made to them respectively under the Hand and Seal of any one Justice of Peace of his Particular Information or Knowledge of such Unlawful Meetings So are the express words of the Act but by the Justices Order here they seem to command the Constables to do all without Certificate or any thing else as the Act directs but in the next place this Order commands the Constables c. to take the Christian Names and Sir-Names and Places of Abode of those that have Preached within a Month last past or shall Preach before the next Quarter Sessions in any Conventicle or unlawful Meeting also the Christian Names and Sir-Names of the most considerable Persons that Frequent the said Conventicles Now upon the whole matter this doth not only command the Constables and others to be Informers but contradicts both the Act and it self for the Act warrants no such thing the Act allowing no more but if there be sufficient Witness then both the Justices are to convict the Officers to Execute for the first Offence 5 s. a peece the second Conviction 10 s. a peece and in case in the second Conviction insufficiency of the Hearers then to the vallue of 10 l. upon such as were present instead of those not able but by the way and with the Justices leave for the first Offence by this Act there can be no more levied than 5 s. upon Poor or Rich of the Hearers nor shall any Answer but for themselves till the second Conviction and might it not be replyed to the Justices by the Constables how shall they get these persons to give them their Names so exactly before the next Quarter Sessions as the Order directs so as the Constables may deliver them truely to the Justices on their Oaths as is expressed in the Order suppose wrong Names be given to the Constables must they Swear to them to Convict the Meeters and what if the Persons will not give them their Names for that the Law forces no Man to give his Name to Convict himself and it may not be amiss to consider further that the Constables if they turn Informers must also Swear that no part of Divine Service was read at that Meeting all the time of their being together which cannot well be Sworn unless by Irish Witnesses and without they do prove that it is no Conventicle within the Law In the next place the Order commands to make a true return of the Names so taken to the Justices of the Sessions in Writing of such Persons as Preach and be at Conventicles the day of the Month and place where they were held and the Officers to prove it upon Oath to the end such Conventicles may be convicted according to Law Now what Law these Gentlemen mean I know not I am sure it cannot be the Conventicle-Act for that