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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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be lawful for him within one week after the Penalty shall be paid or levied to appeal in writing from the Justice convicting to the judgment of the Justices of the Peace in their next quarter-Quarter-Sessions whereupon such Offender may plead and make defence and have his Tryal by a Jury thereupon provided always that every such Appeal shall be left with the person or persons convicting as aforesaid and the Appellant to enter into Recognizance to prosecute with effect From hence observe Observ 1. That the Law-makers did fore-see and were apprehensive of some damage and injury that might sometimes happen to some of His Majesties Subjects by the ill prosecution of this Act through a misunderstanding thereof by the Prosecutors Observ 2. That the best and most legal way to determine Offencest against the Law in matters between the King and the Subject and between Man and Man is by Juries of wise and honest Men and therefore the King and Parliament by this Act hath not given the whole and sole determining of the Cases therein contained to any Justice of Peace or Chief Magistrate Tenth Particular to be considered It is further provided by the Authority aforesaid That Justices of the Peace and Chief Magistrates respectively or the Constables Head-Boroughs and Tything-Men by Warrant from the said Justices or Chief Magistrate respectively shall and may take with them such Aid and Force as they shall think fit to break open and enter any House or other place after Refusal or Denial And that the Lieutenants or Deputy-Lieutenants or any Commissionated Officer of the Militia or other of His Majesties Forces off Horse and Foot and also the Sheriffs and other Magistrates and Ministers o Justice or any of them jointly or severally on Certificate made to them respectively under the Hand and Seal of any one Justice of the Peace or Chief Magistrate of his particular Information or knowledge of such unlawful Meeting or Conventicle held or to be held shall by the best means they can dissolve dissipate or prevent all such unlawful Meetings and take into their Custody such Persons as they shall think fit to the intent they may be proceeded against according to this Act. From hence observe Observ 1. That Constables and other Officers are not bound nor required to go to such Meetings without Warrants from some Justice or Chief Magistrate Observ 2. That the AID and FORCE to assist them are not to be imposed upon them but such as are called and chosen by them as they shall think fit Observ 3. That Officers have no power to make a FORCIBLE ENTRY into any house or place without first a DENIAL or REFUSAL of Entrance which therefore ought first to be fairly demanded Observ 4. That the Officers must first be sure that it is such a Meeting or Conventicle as is aforesaid viz. Seditious and that contriveth Insurrections Observ 5. That whereas Lieutenants Deputy-Lieutenants Sheriffs Commissionated Officers of the Militia and other His Majesties Forces of Horse and Foot and other Magistrates jointly or severally are mentioned to assist in this work of preventing and suppressing such Meetings they are not to run in this work of their own ACCORD but he called thereunto by CERTIFICATE under the Hands and Seals of some Justice or Chief Magistrate Observ 6. That such Certificate must proceed from some particular Information given to such Justice or from his own certain knowledge of such Meetings held or to be held that so the Countrey may not be put to trouble and His Majesties Subjects amazed without just cause Observ 7. Magistrates and other Officers had need remember and consider that there is an Act of Parliament since this against Conventicles which forbiddeth the Execution of any Writ Warrant Process Order Judgment or Decree upon the LORDS-DAY except in Cases of Treason Felony or Breach of the Peace If any shall presume to say That the peaceable Meetings of Protestant Dissenters who spend their time in praying to the God of Peace for the Peace of their own Souls and the Peace of the Realm and that Preach the Gospel of Peace whereby the best Peace is maintained in Families Cities and Kingdoms is a Breach of the Publick Peace of this Kingdom it may be safely concluded that such Men do not well understand God's Law nor the King's Law Eleventh Particular to be considered is the Prosecution of the aforesaid Act against a Peer of this Realm who is an Offender Provided That no Peer of this Realm shall have his House searched where he or his Wife shall be then Resident but by immediate Warrant from His Majesty under His Sign Manual or in the presence of the Lieutenant or Deputy-Lieutenant or two Justices of the Peace whereof one to be of the Quorum of the same County or Riding Observ This part of the Act sheweth the difference between the prosecuting of a Peer and a Commoner A Peers House cannot be searched without an immediate Warrant from the King or the presence of the Lieutenant or Deputy-Lieutenant or two Justices of the Peace whereof one to be of the Quorum and no mention made of breaking open of a Peers doors but a Commoner may have his doors broke open by Constables if they have a Warrant from one Justice of the Peace and be denied Entrance they knowing there is such a Conventicle as aforesaid Twelfth Particular to be considered is the default of Constables and other Officers That if any Constable Head-Borough Tything-Man Church-Warden or Over-Seer of the Poor who shall know or be credibly informed of any such Meetings or Conventicles held wiehin his Precincts Parish or Limits and shall not give Information thereof to some Justice of the Peace or Chief Magistrate and endeavor the Conviction of the Parties or if any person lawfully called in Aid of the aforesaid Officers shall wilfully and wittingly omit the performance of his Duty in the Execution of this Act and be thereof Convict in manner aforesaid shall forfeit for every such Offence the Sum of Five Pounds to be levied upon his Goods and Chattels as aforesaid From this part of the Act observe these things Observ 1. That Constables and other Officers are to have CERTAIN KNOWLEDGE of such Meetings before they proceed to prosecute this Law against them Observ 2. That this knowledge must be such as may reach to the Conviction of the Offender and therefore they must SO know as they may be able to SWEAR matter of Fact expressed in this Act. Observ 3. That they cannot SO know of the aforesaid Meetings with out they be present there and take notice who it is that Preacheth and the matter that is Preached whether it be Seditious and promoteth Insurrections Observ 4. That this Act doth not require the aforesaid Officers to make it their Business to seek out and hunt after such Meetings so as to neglect their own being at Church to hear the Word of God for the welfare of their own Souls Observ 5.
Act Committed within London which any Justice of Peace hath by this Act in any County of England and shall be subject to the penalties and punishments for not doing that which by this Act is directed to be done by any Justice of Peace in England Observ 1. That every Alderman of London whether past the Chair or not is empowered by this Act to act as a Justice of the Peace in Examining Convicting and Punnishing all Offences against this Act committed within London Observ 2. That forasmuch as all the Aldermen of the City of London are not Justices of the peace so as to act in all Cases of the Laws in general therefore he that hath only a power to act by this Law had need take the greater care that he do not Act contrary to the Rules and Directions plainly Expressed in the aforesaid Act viz. That he doth not prosecute godly meetings instead of Seditious meetings nor prosecute quiet and peaceable meetings as if they were contrivers of insurrections Ninteenth particular to be considered in the aforesaid Act That if a Feme-covert cohabiting with her husband be the offender and be eonvict as afore said the penalties of Five and Ten shillings shall be levied upon the Goods and Chattles of the Husband Observ That no higher then Ten shillings fine can be imposed upon a wife living with her husband the sum of Ten Pounds cannot be imposed and levied upon the Husbands goods and Chattles for the offence of other persons Twentieth particular Provided that no Peer of this Realm shall be attached or imprisoned by vertue or force of this Act. Observ This is some kind of favour to the person of a Peer more then to the person of a Commoner as is also Extended to the house of a Peer in another part of this Act. One and twentieth particular to be considered That neither this Act nor any thing contained therein shall Extend to invalidate or avoid his Majesties Supremacy in Ecclesiastical Affairs Observ From hence it doth appear that the Lords and Commons assembled in Parliament were very careful to preserve the Supremacy or Power of his Majesty in Ecclesiasticall affairs and therefore none ought to improve stretch or strain any Expressions in this Act so as to intrench upon that Power of the King as may be more fully understood in the following and concluding words of this Act. Two and twentieth particular But that His Majesty and his Heirs and Successours may from time to time at all times hereafter Exercise and Enjoy all Powers and Authorities in Ecclesiastical affairs as fully and as amply as himself or any of his Predecessours have or might have done the same any thing in this Act notwithstanding From hence observe Observ 1. That this Act doth own and allow his Majesty hath Power and Authority in Ecclesiasticall Affairs Observ 2. That his Majesty may from time to time and at all times hereafter Exercise this his power and authority in Ecclesiasticall affairs as fully and as amply as himself or any of his Predecessours have or might have done Now this power of his Majesty is not only a power to bestow and confer Ecclesiastical Dignities and Preferments on whomsoever his Majesty shall think sit but it is also a power of abating restraning or suspending the severity of procedings in respect to matters of Conscience which his Majesty was gratiously pleased to declare as his Royal mind in his Declaration from Breda April 4. 14. 1660. in these very words We do declare a liberty to tender Consciences and that no man shall be disquieted or called in question for differences of opinion in matters of Religion which do not disturb the peace of the Kingdom and that We shall be ready to consent to such an Act of Parliment as upon mature deliberation shall be offered to Vs for the full grantiog that Indulgence But besides this Royal Promise of his Majesty from Breda and since the Act against seditious Conventicles hath been made and too fiercely prosecuted against the Protestant Dissenters His Majesty was gratiously pleased to take into his Princely compassionate consideration the severities his loving subjects had long laboured and groaned under and therefore did assert and resolve the excercise of his power in Ecclesiastical matters as may be plainly seen in His Majestyes Declaration to all his loving Subjects published by the advice of his Privy Councel March 15 1676. in these very words page 1. But it being evident by the sad experience of twelve yeares that there is very little fruit of all those forceable courses We think Our Self obliged to make use of that supream power in Ecclesiastical matters which is not only inherent in Vs but hath been declared and Recognised to be so by several Statutes and Acts of Parliament and therefore We do issue this Our Declaration as well for the quieting the minds of Our good Subjects in these points as for inviting strangers in this conjuncture to come and live under us and for the better incouragement of all to a chearfull following their Trade and Callings from whence we hope by the blessing of God to have many good and happy advantages to our Government And in page 5. of the aforesaid Declaration the King is pleased to declare as followeth We do in the next place declare Our will and pleasure to be That the Execution of all and all manner of Penal Laws in matters Ecclesiastical against whatsoever sort of Nonconformists or Recusants be immediately suspended and they are suspended and all Judges Judges of Assiize and Gaol-delivery Sheriffs Justices of the peace Mayors Bailiffs and other Officers whatsoever whether Ecclesiastical or Civil are to take notice of it and pay due obedience thereunto And besides all this the Lords and Commons assembled in Parliament did lately take into their wise consideration the distresses of many of His Majesties Protestant Subjects who to their great damage had greatly suffered by the prosecution of the 36 Elizabeth and had prepared a Bill to free His Majesties Protestant Subjects from being prosecuted by that Law but that Bill unhappyly miscaried and came not to His Majesties hand and so His Majesty missed of the opportunity to make a great performance of what he had so long ago promised at Breda to give his Royal Assent by consent of Parliament to such Acts as might be for relieving his Subjects of Tender conscience Therefore to conclude let these few things be soberly inquired into 1. Whether the Protestant Dissenters have not now as much need of liberty of conscience as when His Majesty did promise it from Breda 2. Whether the granting liberty of conscience now will not be as much for the incouraging of strangers to come under His Majesties government and for the quieting the minds of his Majesties Subjects as also for the encouragement of Trade in the whole Kingdom as when his Majesty declared an indulgence to all sorts of his Protestant Subjects in the year Seventy One 3. Whether it is not more Feizable now seeing the Lords and Commons lately assembled in Parliament were willing to walk in this good path which his Majesty so long ago shew'd his willingness to lead them 4. Whether the Succoring and Protecting of the Persecuted French Protestants and Prosecuting of English Protestants doth harmonize and agree together 5. Whether Protestants Persecuting of Protestants in England 〈◊〉 the best way to convince the French Papists of their Sin in Persecuting the Protestants in France 6. Whether the Conforming Protestants in England if they 〈◊〉 faithful to Protestant Principles will not suffer the same miseries vi● ●●●nging and Burning as the Nonconforming-Protestants may if ever 〈◊〉 should get uppermost in England 7. Whether it be not best for all such as are in danger of 〈◊〉 ● bloody Enemy to live together and love one another as Brethren London Printed for Richard Janeway 1682.