A caution to constables and other inferiour officers, concerned in the execution of the Conventicle-Act with some observations thereupon, humbly offered, by way of advice, to such well-meaning and moderate justices of the peace, as would not willingly ruine their peaceable neighbours, but act (in relation to that act) rather by constraint, than by choice / by Thomas Ellwood.
         Ellwood, Thomas, 1639-1713.
      
       
         
           1683
        
      
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             A caution to constables and other inferiour officers, concerned in the execution of the Conventicle-Act with some observations thereupon, humbly offered, by way of advice, to such well-meaning and moderate justices of the peace, as would not willingly ruine their peaceable neighbours, but act (in relation to that act) rather by constraint, than by choice / by Thomas Ellwood.
             Ellwood, Thomas, 1639-1713.
          
           [2], 18 p.
           
             Printed for William Skeate ...,
             London :
             1683.
          
           
             Reproduction of original in Bodleian Library.
          
        
      
    
     
       
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         eng
      
       
         
           Conventicle act, 1670.
           Church and state -- England.
        
      
    
     
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           A
           CAUTION
           TO
           CONSTABLES
           ,
           And
           Other
           INFERIOUR
           OFFICERS
           ,
           Concerned
           in
           the
           EXECUTION
           of
           the
           Conventicle-Act
           .
           WITH
           Some
           Observations
           thereupon
           ,
           humbly
           offered
           ,
           by
           way
           of
           Advice
           ,
           to
           such
           Well-meaning
           and
           Moderate
           IUSTICES
           of
           the
           PEACE
           ,
           As
           would
           not
           willingly
           ruine
           their
           peaceable
           Neighbours
           ,
           but
           act
           (
           in
           relation
           to
           that
           Act
           )
           rather
           by
           Constraint
           ,
           than
           by
           Choice
           .
           By
           THOMAS
           ELLWOOD
           .
        
         
           
             Prov.
             21.
             21.
             
          
           
             He
             that
             followeth
             after
             Righteousness
             and
             Mercy
             ,
             findeth
             Life
             ,
             Righteousness
             and
             Honour
             .
          
        
         
           
             Cat.
             de
             Mor.
             Lib.
             3.
             
             Dist.
             15.
             
          
           
             Iudicis
             auxilium
             sub
             iniqua
             Lege
             rogato
             ,
          
           
             Ipsae
             etiam
             Leges
             cupiunt
             ,
             ut
             jure
             regantur
             .
          
        
         
           LONDON
           ,
           Printed
           ,
           for
           
             William
             Skeate
          
           ,
           and
           are
           to
           be
           Sold
           in
           George-yard
           in
           Lombard-street
           ,
           1683.
           
        
      
    
     
       
         
         
         
           A
           CAUTION
           TO
           Constables
           ,
           &c.
           
        
         
           HAving
           observed
           of
           late
           ,
           that
           divers
           Constables
           and
           other
           inferiour
           Officers
           ,
           have
           either
           run
           themselves
           within
           the
           danger
           of
           the
           Law
           ,
           or
           brought
           upon
           themselves
           trouble
           of
           mind
           ,
           by
           acting
           too
           officiously
           against
           their
           honest
           Neighbours
           ,
           upon
           the
           Conventicle-Act
           ,
           at
           the
           Instigation
           of
           (
           that
           shame
           of
           Christianity
           ,
           and
           Pest
           of
           Mankind
           )
           Informers
           ;
           and
           considering
           with
           my self
           ,
           that
           this
           Mischief
           for
           the
           most
           part
           happens
           through
           fear
           ,
           occasioned
           by
           want
           of
           a
           right
           understanding
           what
           is
           positively
           required
           of
           them
           by
           that
           Act
           ,
           what
           not
           :
           I
           thought
           I
           should
           do
           no
           unacceptable
           Work
           ,
           in
           presenting
           the
           following
           Observations
           upon
           that
           Act
           ,
           by
           way
           of
           Cautionary
           Information
           ,
           to
           the
           view
           and
           consideration
           of
           such
           of
           those
           Officers
           ,
           as
           are
           willing
           to
           act
           warily
           with
           respect
           to
           themselves
           ,
           and
           yet
           favourably
           with
           respect
           to
           their
           peaceable
           Neighbours
           .
        
         
           First
           then
           ,
           be
           pleas'd
           to
           observe
           ,
           That
           no
           Constable
           ,
           or
           other
           Officer
           ,
           is
           bound
           to
           be
           an
           Attendant
           upon
           an
           Informer
           ,
           to
           be
           at
           his
           Reck
           ,
           and
           run
           like
           a
           Lacquey
           after
           him
           whensoever
           ,
           or
           whethersoever
           he
           shall
           think
           fit
           to
           call
           him
           .
           The
           Officer
           is
           not
           obliged
           to
           
           stay
           at
           home
           ,
           to
           wait
           the
           Informer's
           coming
           :
           but
           is
           at
           liberty
           to
           follow
           his
           own
           Affairs
           ,
           and
           to
           go
           whithersoever
           his
           own
           Occasions
           draw
           ,
           or
           his
           Inclinations
           lead
           him
           .
           And
           if
           casually
           the
           Informer
           light
           upon
           him
           ,
           either
           at
           home
           or
           abroad
           ,
           and
           inform
           him
           of
           a
           Meeting
           or
           Conventicle
           within
           his
           Parish
           or
           Precinct
           ,
           he
           is
           not
           bound
           to
           take
           notice
           of
           it
           ,
           unless
           he
           take
           the
           Information
           to
           be
           credible
           .
           For
           that
           is
           the
           Word
           used
           in
           the
           Act
           in
           this
           very
           Case
           ,
           
             viz.
             
               Be
               it
               further
               Enacted
            
             ,
          
           &c.
           
           
             That
             is
             any
             Constable
          
           ,
           &c.
           
             who
             shall
             know
             or
             be
             credibly
             informed
             of
             any
             such
             Meetings
             ,
          
           &c.
           
           So
           that
           it
           is
           not
           every
           idle
           and
           groundless
           Information
           from
           
             sorry
             Fellows
             of
             no
             repute
             nor
             credit
             ,
          
           the
           Officer
           is
           obliged
           to
           take
           notice
           of
           ;
           but
           such
           Informations
           only
           as
           are
           credible
           ,
           (
           or
           his
           own
           knowledg
           )
           upon
           which
           he
           is
           required
           to
           act
           .
           And
           by
           his
           own
           knowledg
           here
           ,
           is
           to
           be
           understood
           a
           
             certain
             knowledg
             ,
             a
             personal
          
           knowledg
           ,
           not
           a
           knowledg
           by
           Heresay
           ,
           Report
           ,
           or
           common
           Fame
           only
           ;
           for
           that
           may
           be
           as
           little
           credible
           ,
           as
           the
           least
           credible
           Information
           .
           The
           Officer
           then
           it
           seems
           ,
           must
           have
           either
           a
           personal
           and
           certain
           knowledg
           ,
           or
           such
           an
           Information
           as
           he
           shall
           judg
           credible
           ,
           that
           there
           is
           an
           unlawful
           Assembly
           or
           Meeting
           in
           his
           Parish
           ,
           before
           he
           is
           obliged
           to
           stir
           .
        
         
           2.
           
           And
           if
           the
           Officer
           should
           receive
           a
           credible
           Information
           of
           such
           a
           Meeting
           ;
           yet
           he
           is
           not
           bound
           to
           wait
           upon
           the
           Informer
           to
           the
           place
           where
           he
           informs
           the
           Meeting
           is
           :
           But
           the
           first
           thing
           that
           is
           required
           of
           the
           Officer
           by
           this
           Act
           is
           ,
           to
           give
           in
           Information
           thereof
           some
           Justice
           of
           the
           Peace
           .
           And
           having
           done
           that
           ,
           then
           in
           the
           next
           place
           to
           endeavour
           the
           Conviction
           of
           the
           Parties
           according
           to
           his
           Duty
           .
           For
           so
           are
           the
           Words
           of
           the
           Act
           ,
           
             viz.
             [
             
               Be
               it
               Enacted
            
          
           &c.
           
           
             That
             if
             any
             Constable
          
           &c.
           
             who
             shall
             know
             ,
             or
             be
             credible
             informed
             of
             any
             such
             Meetings
             ,
             or
             Conventicles
             held
             within
             his
             Precincts
             ,
             Parish
             or
             Limits
             ,
             and
             shall
             not
             give
             Information
             thereof
             to
             some
             Iustice
             of
             the
             Peace
             ,
             or
             the
             chief
             Magistrate
             and
             endeavour
             the
             Conviction
             of
             the
             Parties
             according
             to
             his
             Duty
             ;
             But
             ,
          
           &c.
           ]
           Instead
           of
           which
           ,
           many
           Constables
           ,
           and
           other
           Officers
           ,
           are
           trickt
           in
           by
           cunning
           and
           swaggering
           Informers
           ,
           to
           go
           along
           with
           them
           to
           Meetings
           ,
           and
           there
           take
           Observations
           of
           the
           persons
           present
           (
           yea
           ,
           and
           sometimes
           also
           to
           inform
           the
           Informer
           who
           the
           persons
           are
           ,
           and
           where
           they
           live
           )
           and
           from
           thence
           wait
           on
           the
           Informer
           to
           the
           Justice
           ,
           and
           so
           are
           unawares
           drawn
           in
           by
           the
           Informer
           ,
           to
           joyn
           with
           him
           in
           swearing
           against
           their
           Neighbours
           ;
           thereby
           unadvisedly
           bringing
           their
           quiet
           Neighbours
           into
           needless
           trouble
           ,
           and
           
           themselves
           under
           the
           foul
           Brand
           ,
           and
           hated
           Name
           of
           being
           themselves
           Informers
           also
           .
           Now
           all
           this
           is
           more
           than
           the
           Officers
           are
           obliged
           to
           do
           .
           1.
           
           They
           are
           not
           bound
           to
           go
           with
           the
           Informer
           ,
           to
           the
           place
           where
           he
           shall
           tell
           them
           there
           is
           a
           Meeting
           .
           2.
           
           Neither
           if
           they
           do
           go
           with
           him
           ,
           are
           they
           bound
           to
           tell
           him
           the
           Names
           ,
           or
           places
           of
           abode
           ,
           of
           any
           persons
           that
           they
           shall
           see
           there
           .
           3.
           
           Neither
           are
           they
           bound
           to
           go
           
             with
             him
          
           to
           a
           Justice
           ,
           nor
           yet
           ,
           without
           him
           ,
           to
           the
           same
           Justice
           that
           he
           goes
           to
           .
           But
           when
           they
           have
           received
           the
           Informer's
           information
           ,
           leaving
           him
           to
           pursue
           his
           own
           projects
           ,
           they
           are
           to
           repair
           to
           some
           Justice
           ,
           or
           chief
           Magistrate
           (
           and
           it
           is
           in
           their
           own
           choice
           to
           what
           Justice
           they
           will
           go
           )
           and
           give
           him
           Information
           thereof
           ,
           if
           they
           think
           it
           Credible
           .
           And
           although
           they
           are
           further
           required
           ,
           after
           such
           Information
           given
           to
           the
           Justice
           ,
           to
           endeavour
           the
           Conviction
           of
           the
           Parties
           :
           yet
           that
           is
           to
           be
           done
           but
           
             according
             to
             their
             duty
          
           .
           And
           sure
           it
           is
           not
           the
           duty
           of
           Officers
           to
           turn
           Informers
           .
           They
           would
           be
           very
           troublesome
           and
           thankless
           Officers
           indeed
           ,
           if
           all
           Constables
           ,
           Headboroughs
           ,
           Tithingmen
           ,
           Church-wardens
           and
           Overseers
           of
           the
           Poor
           ,
           should
           be
           bound
           by
           the
           duty
           of
           their
           Offices
           to
           turn
           Informers
           .
        
         
           3.
           
           These
           Officers
           would
           not
           be
           so
           scared
           by
           Informers
           ,
           nor
           terrified
           with
           the
           talk
           of
           forfeiting
           51.
           if
           they
           did
           rightly
           understand
           and
           well
           consider
           how
           hard
           a
           thing
           it
           is
           ,
           for
           them
           to
           be
           Convicted
           by
           this
           Act.
           The
           words
           of
           the
           Act
           are
           these
           ,
           
             viz.
             [
             
               But
               such
               Constables
            
          
           ,
           &c.
           shall
           wilfully
           and
           wittingly
           
             omit
             the
             performance
             of
             his
             Duty
             in
             the
             execution
             of
             this
             Act
             ,
             and
             be
             thereof
             convicted
             in
             manner
             aforesaid
             ,
             he
             shall
             forfeit
             for
             every
             such
             offence
             the
             sum
             of
          
           5
           l.
           ]
           Observe
           here
           ,
           the
           Officer
           doth
           not
           forfeit
           5
           l.
           unless
           he
           be
           convicted
           of
           omitting
           the
           performance
           of
           his
           duty
           
             wilfully
             and
             wittingly
          
           .
           And
           this
           Conviction
           must
           be
           made
           either
           by
           the
           Confession
           of
           the
           Party
           ,
           or
           Oath
           of
           two
           Witnesses
           ,
           or
           by
           notorious
           Evidence
           and
           Circumstance
           of
           the
           Fact.
           As
           to
           the
           Confession
           of
           the
           Party
           ,
           that
           need
           not
           be
           :
           for
           
             no
             man
             is
             bound
             to
             accuse
             himself
          
           ;
           and
           he
           has
           not
           much
           Wit
           ,
           sure
           ,
           that
           will
           ,
           especially
           in
           such
           a
           case
           as
           this
           .
           The
           second
           way
           of
           Conviction
           is
           by
           the
           Oath
           of
           two
           Witnesses
           .
           But
           how
           is
           it
           possible
           for
           two
           Witnesses
           to
           swear
           (
           unless
           they
           be
           such
           as
           regard
           not
           what
           they
           swear
           )
           that
           the
           Officer
           did
           
             wilfully
             and
             wittingly
          
           omit
           the
           performance
           of
           his
           duty
           ?
           Such
           Witnesses
           put
           their
           Ears
           in
           the
           Officers
           hands
           ,
           as
           having
           a
           mind
           (
           one
           would
           think
           )
           to
           look
           through
           the
           Pillory
           .
           And
           indeed
           ,
           scarce
           any
           would
           dare
           to
           swear
           
           so
           desperately
           ,
           that
           had
           not
           deserved
           the
           Pillory
           before
           .
           Then
           for
           the
           notorious
           Evidence
           and
           Circumstance
           of
           the
           Fact
           (
           the
           onely
           remaining
           way
           of
           proof
           )
           how
           can
           it
           be
           thereby
           proved
           that
           the
           Officer
           did
           
             willfully
             and
             wittingly
          
           ,
           omit
           the
           performance
           of
           his
           duty
           ,
           when
           so
           many
           
             just
             excuses
          
           may
           be
           alleadged
           ,
           as
           of
           Absence
           ,
           Illness
           ,
           Urgency
           of
           Business
           ,
           Ignorance
           ,
           Misunderstanding
           ,
           and
           the
           like
           ;
           all
           which
           ,
           if
           the
           Officer
           fined
           ,
           do
           appeal
           ,
           a
           Jury
           of
           his
           Neighbours
           is
           to
           try
           .
           And
           besides
           ,
           it
           is
           a
           Question
           among
           the
           Lawyers
           ,
           how
           this
           sine
           or
           forfeiture
           of
           5
           l.
           can
           be
           levied
           upon
           the
           Officers
           ,
           there
           not
           being
           in
           the
           Act
           ,
           any
           particular
           and
           express
           direction
           for
           the
           levying
           of
           it
           ;
           as
           there
           is
           in
           the
           other
           Cases
           ,
           both
           of
           the
           Meeters
           and
           of
           the
           Justice
           :
           for
           it
           is
           not
           to
           be
           supposed
           ,
           that
           the
           Officers
           of
           a
           Town
           or
           Parish
           ,
           should
           levy
           the
           fine
           upon
           themselves
           ;
           and
           it
           they
           do
           not
           ,
           none
           else
           is
           required
           or
           impowered
           by
           the
           Act
           to
           do
           it
           .
        
         
           4.
           
           If
           a
           Warrant
           under
           the
           hand
           and
           Seal
           of
           a
           Justice
           of
           the
           Peace
           ,
           be
           delivered
           to
           any
           Constable
           ,
           or
           other
           inferiour
           Officer
           ,
           to
           levy
           any
           fines
           upon
           the
           Goods
           and
           Chattels
           of
           any
           person
           within
           his
           Limit
           ,
           such
           Warrant
           ought
           to
           express
           for
           what
           Offence
           the
           Conviction
           was
           made
           ,
           and
           at
           what
           time
           the
           Offence
           was
           committed
           ;
           which
           if
           it
           do
           not
           ,
           the
           Warrant
           is
           not
           formal
           ,
           nor
           good
           in
           Law
           ,
           to
           make
           a
           distress
           by
           .
        
         
           5.
           
           But
           if
           the
           Warrant
           be
           formal
           and
           sufficient
           ,
           yet
           the
           Officer
           cannot
           thereby
           justifie
           the
           breaking
           open
           any
           dwelling
           House
           ,
           or
           Out-house
           belonging
           thereunto
           ,
           to
           take
           distress
           (
           no
           ,
           not
           although
           the
           Warrant
           should
           expressly
           require
           it
           )
           as
           
             the
             Opinion
             of
             able
             Lawyers
             is
             :
          
           For
           a
           man's
           House
           is
           to
           him
           as
           a
           Castle
           of
           Defence
           ,
           and
           so
           is
           every
           part
           or
           room
           therein
           .
           And
           therefore
           ,
           as
           the
           Officer
           may
           not
           break
           or
           force
           open
           any
           Door
           or
           Lock
           to
           get
           into
           a
           man's
           House
           :
           so
           if
           ,
           finding
           the
           outward
           Door
           open
           ,
           he
           be
           got
           in
           ,
           he
           may
           not
           break
           or
           force
           open
           any
           Doors
           or
           Locks
           ,
           to
           get
           into
           any
           other
           parts
           or
           Rooms
           in
           the
           House
           ,
           that
           are
           lock't
           ;
           but
           must
           content
           himself
           with
           what
           he
           finds
           there
           .
           Neither
           may
           he
           climb
           over
           any
           Hatch
           ,
           or
           in
           at
           any
           Window
           ,
           whether
           it
           be
           the
           Shop-window
           or
           other
           :
           for
           the
           entring
           through
           or
           in
           at
           any
           Window
           ,
           though
           open
           ,
           is
           held
           by
           Lawyers
           to
           be
           
             a
             breach
             of
             the
             House
          
           :
           Nor
           is
           he
           bound
           to
           lie
           perdue
           ,
           and
           wait
           continually
           at
           the
           Door
           to
           get
           an
           entrance
           ;
           but
           may
           take
           such
           times
           and
           seasons
           for
           it
           as
           he
           shall
           judg
           most
           fit
           and
           proper
           :
           for
           he
           is
           not
           wholly
           to
           neglect
           his
           own
           Occasions
           to
           attend
           upon
           this
           .
           That
           were
           a
           way
           to
           
             ruine
             the
             Officers
          
           ,
           as
           well
           as
           their
           Neighbours
           ,
           
           onely
           to
           enrich
           the
           Informers
           .
           But
           if
           ,
           as
           often
           as
           the
           Officer
           comes
           ,
           he
           shall
           find
           the
           Doors
           shut
           ,
           and
           entrance
           upon
           demand
           denied
           him
           ,
           and
           no
           Distress
           to
           be
           taken
           without
           Doors
           ;
           he
           need
           not
           fear
           the
           penalty
           of
           forfeiting
           5
           l.
           or
           that
           he
           can
           possibly
           be
           convicted
           of
           
             wilfully
             and
             wittingly
          
           omitting
           the
           performance
           of
           his
           Duty
           in
           that
           respect
           .
           And
           besides
           ,
           it
           is
           the
           Opinion
           of
           some
           Lawyers
           ,
           that
           the
           penalty
           of
           5
           l.
           is
           not
           imposeable
           upon
           the
           Officers
           for
           not
           levying
           the
           fines
           imposed
           upon
           others
           ;
           but
           only
           for
           not
           Informing
           the
           Justices
           ,
           and
           endeavouring
           the
           Conviction
           of
           the
           Parties
           according
           to
           their
           duty
           .
           And
           the
           Reason
           of
           such
           their
           Opinion
           is
           this
           ,
           that
           in
           that
           part
           of
           the
           Act
           where
           the
           said
           Officers
           are
           authorized
           and
           required
           to
           levy
           the
           said
           fines
           ,
           there
           is
           no
           mention
           of
           any
           forfeiture
           on
           their
           part
           ,
           for
           not
           doing
           it
           .
           And
           in
           this
           part
           of
           the
           Act
           ,
           where
           the
           5
           l.
           forfeiture
           is
           imposed
           ,
           there
           is
           no
           express
           mention
           of
           levying
           the
           Fine
           upon
           others
           .
           It
           is
           said
           here
           indeed
           [
           
             If
             he
          
           shall
           
             wilfully
             and
             wittingly
             omit
             the
             performance
             of
             his
             Duty
          
           ]
           but
           the
           word
           
             [
             Duty
          
           ]
           being
           mentioned
           just
           before
           ,
           with
           particular
           relation
           to
           his
           informing
           the
           Justice
           ,
           and
           endeavouring
           the
           conviction
           of
           the
           Parties
           ,
           that
           wilful
           and
           witting
           omission
           of
           Duty
           ,
           to
           which
           the
           forfeiture
           of
           5
           l.
           is
           annexed
           ,
           must
           (
           say
           they
           )
           by
           intendment
           be
           restrained
           or
           applied
           only
           to
           the
           subject
           matter
           of
           that
           branch
           of
           the
           Act
           ,
           and
           be
           extended
           no
           further
           than
           to
           the
           neglect
           of
           that
           Duty
           ,
           therein
           particularly
           enjoyned
           .
           But
           of
           this
           let
           Lawyers
           judg
           .
        
         
           6.
           
           If
           the
           Constable
           ,
           or
           other
           Officer
           ,
           hath
           opportunity
           and
           open
           way
           to
           make
           Distress
           ,
           yet
           he
           is
           not
           bound
           to
           take
           more
           than
           the
           Fine
           comes
           to
           ;
           but
           he
           may
           (
           and
           indeed
           in
           Justice
           ought
           )
           proportion
           the
           Distress
           in
           its
           real
           value
           ,
           
             as
             near
             to
             the
             Fine
             as
             he
             can
             .
          
           And
           when
           he
           hath
           so
           done
           ,
           and
           taken
           such
           Distress
           into
           his
           custody
           ,
           
             he
             is
             not
             bound
          
           to
           drive
           or
           carry
           ,
           the
           Goods
           so
           distrained
           ,
           to
           any
           Fair
           or
           Market
           ,
           out
           of
           the
           Limits
           of
           his
           Constableship
           ,
           to
           fell
           ;
           for
           he
           is
           not
           to
           act
           any
           thing
           in
           relation
           to
           his
           Office
           ,
           further
           than
           those
           limits
           extend
           (
           save
           only
           in
           some
           especial
           cases
           ,
           where
           he
           is
           particularly
           necessitated
           ,
           or
           impowered
           by
           Act
           of
           Parliament
           to
           go
           further
           ,
           which
           in
           this
           Case
           he
           is
           not
           .
           )
           Nor
           may
           he
           imbezil
           any
           of
           the
           Goods
           ,
           for
           he
           is
           accomptable
           for
           every
           particular
           of
           what
           he
           hath
           so
           distrained
           .
           
             Nor
             is
             he
             bound
          
           to
           sell
           such
           Goods
           at
           under
           rates
           ,
           and
           below
           the
           real
           worth
           or
           Market-price
           of
           such
           Commodities
           ;
           but
           having
           offered
           them
           to
           publick
           Sale
           ,
           and
           tried
           the
           Markets
           ,
           Fairs
           and
           Chapmen
           ,
           within
           his
           Liberty
           ,
           if
           none
           
           will
           give
           a
           reasonable
           price
           for
           them
           ,
           
             he
             is
             not
             bound
          
           forth
           with
           to
           sell
           them
           ,
           but
           may
           keep
           them
           in
           hopes
           of
           a
           better
           Market
           .
           And
           if
           they
           remain
           unsold
           till
           he
           is
           out
           of
           his
           Office
           ,
           if
           he
           then
           return
           them
           again
           to
           him
           from
           whom
           he
           took
           them
           ,
           I
           know
           no
           danger
           he
           can
           incur
           thereby
           ;
           I
           am
           sure
           I
           have
           known
           it
           done
           without
           any
           detriment
           to
           him
           that
           did
           it
           .
           But
           if
           he
           be
           not
           willing
           to
           return
           them
           ,
           he
           will
           do
           well
           to
           consider
           how
           he
           can
           justly
           keep
           them
           (
           being
           out
           of
           his
           Office
           ,
           and
           then
           but
           a
           private
           man
           )
           or
           safely
           turn
           them
           over
           to
           any
           other
           ,
           without
           good
           security
           to
           indempnifie
           him
           ,
           in
           case
           he
           from
           whom
           they
           were
           taken
           ;
           should
           hereafter
           call
           him
           to
           account
           for
           them
           .
        
      
       
         
         
           Some
           Observations
           upon
           the
           Conventicle-Act
           ,
           humbly
           offered
           ,
           by
           way
           of
           Advice
           ,
           to
           such
           well-meaning
           and
           moderate
           Justices
           of
           the
           Peace
           ,
           as
           would
           not
           willingly
           ruin
           their
           Peaceable
           Neighbours
           ,
           &c.
           
        
         
           WHen
           I
           consider
           the
           quality
           and
           qualifications
           of
           Iustices
           of
           the
           Peace
           ,
           how
           many
           of
           them
           are
           profest
           Lawyers
           ,
           and
           how
           generally
           they
           are
           (
           or
           at
           least
           should
           be
           )
           Men
           of
           Learning
           and
           Knowledg
           ,
           in
           those
           Laws
           especially
           by
           which
           they
           are
           to
           act
           ;
           I
           am
           ready
           to
           with-draw
           my
           Pen
           and
           desist
           ,
           out
           of
           a
           modest
           fear
           ,
           least
           it
           should
           be
           thought
           presumption
           in
           me
           ,
           to
           offer
           Advice
           to
           them
           ,
           who
           are
           so
           much
           better
           able
           to
           give
           it
           .
           But
           when
           ,
           on
           the
           other
           hand
           ,
           I
           call
           to
           mind
           ,
           that
           many
           great
           and
           very
           wise
           men
           ,
           have
           not
           disdained
           to
           hear
           ,
           what
           some
           ,
           as
           mean
           ,
           it
           may
           be
           ,
           as
           my self
           ,
           have
           had
           to
           say
           ,
           I
           am
           thence
           again
           emboldned
           to
           go
           on
           ,
           hoping
           that
           what
           is
           so
           well
           intended
           ,
           will
           not
           be
           ill
           taken
           .
           They
           that
           have
           suffered
           by
           this
           Act
           ,
           and
           are
           still
           liable
           to
           suffer
           more
           ,
           may
           be
           allowed
           to
           have
           looked
           
             more
             narrowly
          
           into
           it
           ,
           than
           others
           ,
           who
           are
           not
           under
           its
           lash
           .
           And
           if
           upon
           a
           thorow
           search
           ,
           any
           thing
           can
           be
           found
           in
           the
           Act
           it self
           ,
           which
           may
           fairly
           be
           made
           use
           of
           to
           abate
           ,
           in
           any
           measure
           ,
           the
           force
           of
           the
           blow
           which
           we
           lie
           under
           ,
           I
           hope
           none
           will
           blame
           us
           ,
           for
           modestly
           representing
           it
           to
           those
           ,
           by
           whose
           hands
           the
           stroke
           is
           appointed
           to
           be
           given
           .
           And
           in
           this
           confidence
           I
           proceed
           .
        
         
           Observ.
           1.
           
           Since
           the
           Title
           of
           the
           Act
           ;
           (
           which
           is
           not
           unaptly
           called
           the
           Key
           ,
           because
           it
           opens
           the
           Intention
           and
           purpose
           of
           the
           Law-makers
           therein
           )
           and
           the
           Preamble
           of
           the
           Act
           also
           ,
           describes
           the
           Assemblies
           and
           Meetings
           designed
           by
           this
           Act
           to
           be
           suppressed
           ,
           to
           be
           
             Seditious
             Conventicles
          
           ,
           and
           the
           persons
           against
           whom
           this
           Act
           was
           made
           ,
           to
           be
           
             Seditious
             and
             disloyal
             Persons
             ,
             who
             under
             pretence
             of
             tender
             Cons●t●nces
             ,
             have
             or
             may
             at
             their
             Meetings
             contrive
             Insurrections
          
           ;
           it
           seems
           
           but
           reasonable
           that
           a
           Justice
           of
           the
           Peace
           ,
           when
           Informers
           come
           before
           him
           ,
           to
           inform
           against
           any
           person
           for
           being
           at
           a
           Conventicle
           or
           Meeting
           ,
           may
           examine
           them
           ,
           severally
           and
           apart
           ,
           
             what
             Token
             of
             Sedion
             they
             saw
             or
             heard
             in
             that
             Assembly
             ,
          
           which
           they
           inform
           against
           ?
           If
           there
           were
           any
           Sedition
           there
           ,
           it
           must
           appear
           in
           word
           of
           Action
           :
           and
           of
           that
           it
           may
           be
           expected
           the
           Informers
           should
           give
           Account
           .
           If
           there
           were
           
             no
             Seditious
             words
             spoken
             ,
             no
             Seditious
             Cestures
          
           used
           ,
           why
           should
           it
           be
           taken
           for
           a
           Seditious
           Meeting
           ,
           and
           the
           persons
           punisht
           for
           what
           they
           are
           not
           ,
           nay
           ,
           for
           what
           they
           most
           abhor
           to
           be
           ?
           Besides
           it
           rarely
           happens
           but
           the
           Justice
           him self
           both
           knows
           ,
           what
           sort
           of
           people
           they
           are
           that
           are
           informed
           against
           ,
           and
           is
           more
           or
           less
           acquainted
           with
           some
           of
           them
           .
           Now
           if
           he
           be
           so
           ,
           and
           upon
           his
           own
           knowledge
           of
           the
           Persons
           or
           their
           Principles
           ,
           be
           perswaded
           and
           satisfied
           in
           his
           own
           Conscience
           ,
           that
           
             they
             are
             not
             Seditious
             or
             disloyal
             Persons
             ,
          
           that
           
             they
             never
             have
             contrived
             Insurrections
             at
             their
             Meetings
             ;
             nor
             is
             it
             consistent
             with
             their
             Principle
             so
             to
             do
          
           ;
           hath
           he
           not
           good
           cause
           then
           to
           
             reject
             such
             Information
          
           ,
           and
           
             let
             such
             peaceable
             Meetings
             and
             Meeters
             alone
             ,
          
           as
           not
           coming
           within
           the
           Intention
           of
           the
           Act
           ?
        
         
           2.
           
           Since
           that
           which
           the
           Act
           calls
           an
           Offence
           ,
           is
           by
           the
           express
           words
           of
           the
           Act
           declared
           to
           be
           ,
           
             Any
             persons
             ,
             of
             the
             Age
             of
             16
             years
             ,
             and
             more
             in
             number
             than
             four
             besides
             the
             Family
             ,
             being
             present
             at
             any
             Assembly
             ,
             &c.
             under
             Colour
             or
             Pretence
             of
             any
             Exercise
             of
             Religion
             ,
             in
             other
             manner
             than
             according
             to
             the
             Liturgy
             and
             Practice
             of
             the
             Church
             of
             England
          
           ;
           and
           directs
           that
           this
           Offence
           must
           be
           proved
           to
           the
           Justice
           ,
           either
           
             by
             Confession
             of
             the
             Party
             ,
             or
             Oath
             of
             two
             Witnesses
             ,
             or
             by
             notorious
             Evidence
             and
             Circumstance
             of
             the
             Fact
             :
          
           It
           seems
           reasonable
           that
           the
           Justice
           may
           put
           the
           Informers
           to
           prove
           
             every
             part
          
           of
           this
           Offence
           .
           For
           the
           Offence
           consists
           of
           
             many
             Particulars
          
           .
           The
           Offender
           must
           be
           16
           
             years
             old
          
           ;
           He
           must
           be
           a
           
             Subject
             of
             this
             Realm
          
           ;
           (
           whence
           quere
           whether
           Scottish
           and
           Irishmen
           ,
           though
           living
           in
           England
           ,
           are
           not
           exempt
           )
           He
           must
           be
           one
           
             above
             four
          
           besides
           the
           Family
           ;
           He
           must
           be
           met
           
             under
             Colour
             or
             Pretence
             of
             some
             Exercise
             of
             Religion
             ,
          
           and
           that
           Exercise
           of
           Religion
           must
           be
           
             in
             other
             manner
             than
             according
             to
             the
             Liturgy
             and
             Practice
             of
             the
             Church
             of
             England
             .
          
           All
           these
           must
           go
           to
           the
           making
           up
           of
           the
           Offence
           ,
           and
           the
           Offence
           so
           made
           up
           must
           be
           proved
           :
           and
           if
           
             any
             of
             these
          
           be
           wanting
           ,
           or
           the
           Proof
           fail
           
             in
             any
             of
             these
          
           ,
           it
           is
           then
           no
           Offence
           within
           this
           Statute
           .
           Now
           the
           
             Onus
             Probandi
          
           ,
           the
           Burden
           of
           proving
           ,
           this
           
             lies
             upon
             the
             Informers
          
           ,
           and
           that
           with
           great
           Reason
           and
           Justice
           ,
           according
           to
           the
           known
           Maxim
           ,
           
             Affirmanti
             incumbit
             
             Probatio
          
           ;
           He
           that
           affirms
           must
           prove
           :
           And
           he
           must
           prove
           all
           that
           he
           affirms
           .
           But
           the
           Informers
           must
           affirm
           
             every
             one
             of
             these
             Particulars
          
           ,
           in
           order
           to
           make
           it
           an
           Offence
           within
           the
           Act
           ,
           and
           therefore
           they
           must
           prove
           
             every
             one
          
           of
           them
           also
           .
           'T
           is
           true
           ,
           the
           Party
           informed
           against
           may
           be
           Confession
           convict
           himself
           ,
           if
           he
           please
           ;
           but
           it
           is
           at
           his
           own
           pleasure
           whether
           he
           will
           or
           no
           :
           And
           if
           he
           do
           not
           ,
           the
           next
           way
           of
           Proof
           is
           the
           Oath
           of
           two
           Witnesses
           .
           And
           I
           conceive
           that
           if
           the
           Party
           should
           confess
           he
           was
           at
           a
           Meeting
           ,
           and
           that
           there
           were
           more
           there
           present
           than
           four
           besides
           the
           Family
           ,
           yet
           this
           would
           not
           subject
           him
           to
           the
           Penalties
           of
           the
           Act
           :
           for
           this
           he
           might
           be
           
             justifiably
             enough
          
           ,
           unless
           he
           would
           also
           confess
           the
           others
           parts
           ,
           essential
           to
           an
           Offence
           within
           the
           Act
           ,
           viz.
           that
           he
           met
           there
           
             under
             Colour
             or
             Pretence
             of
             some
             Exercise
             of
             Religion
             ,
          
           and
           that
           it
           was
           
             in
             other
             manner
             than
             according
             to
             the
             Liturgy
             ,
          
           &c.
           
           Now
           as
           the
           Parties
           Confessing
           some
           parts
           only
           ,
           and
           not
           every
           part
           of
           the
           Offence
           ,
           would
           
             not
             Convict
          
           him
           of
           the
           Offence
           ,
           nor
           Subject
           him
           to
           the
           Penalties
           of
           the
           Act
           :
           so
           neither
           will
           the
           Informers
           Swearing
           
             some
             parts
             only
          
           ,
           and
           not
           every
           part
           of
           the
           Offence
           ,
           convict
           the
           Party
           against
           whom
           they
           so
           swear
           ,
           or
           subject
           him
           to
           the
           Penalties
           of
           the
           Act.
           As
           therefore
           it
           is
           but
           reasonable
           that
           the
           Justice
           should
           see
           due
           and
           full
           Proof
           made
           against
           the
           Party
           ,
           in
           
             every
             particular
             Branch
          
           of
           the
           Offence
           ,
           before
           he
           makes
           Record
           of
           it
           as
           an
           Offence
           ,
           in
           order
           to
           convict
           the
           Party
           thereof
           :
           so
           it
           may
           reasonablely
           be
           supposed
           ,
           that
           if
           the
           Justices
           would
           hold
           the
           Informers
           closely
           to
           their
           Evidence
           ,
           and
           examin
           them
           strictly
           and
           punctually
           concerning
           their
           knowledge
           ,
           in
           
             every
             particular
             of
             the
             Offence
          
           they
           complain
           of
           ,
           they
           might
           ease
           themselves
           of
           a
           great
           deal
           of
           trouble
           ,
           and
           their
           honest
           Neighbours
           of
           a
           great
           deal
           of
           wrong
           .
           For
           how
           could
           Informers
           dare
           to
           Swear
           ,
           that
           the
           Parties
           informed
           against
           ,
           did
           meet
           under
           
             Colour
             of
             Pretence
          
           of
           some
           Exercise
           of
           Religion
           ,
           and
           not
           really
           and
           sincerely
           in
           the
           Exercise
           of
           Religion
           ?
           Or
           how
           could
           Informers
           take
           upon
           them
           to
           Swear
           ,
           that
           that
           Exercise
           of
           Religion
           was
           
             in
             other
             manner
          
           than
           according
           to
           the
           Liturgy
           ,
           &c.
           unless
           they
           were
           present
           the
           whole
           time
           of
           the
           Meeting
           ,
           from
           the
           
             very
             beginning
          
           to
           the
           
             very
             end
          
           thereof
           (
           which
           they
           rarely
           ,
           if
           ever
           ,
           are
           )
           and
           heard
           and
           saw
           whatsoever
           was
           said
           or
           done
           there
           ?
           And
           unless
           they
           themselves
           also
           better
           understood
           ,
           than
           they
           commonly
           do
           ,
           what
           is
           according
           to
           the
           Liturgy
           ,
           what
           not
           ?
        
         
           3.
           
           Since
           by
           the
           Stat.
           18.
           
           Eliz.
           5.
           it
           is
           provided
           ,
           that
           Informers
           for
           certain
           Offences
           therein
           exprest
           ,
           shall
           not
           only
           
             stand
             on
             the
             Pillory
             ,
             
             and
             be
             for
             ever
             disabled
             from
             being
             Informers
             more
             ,
          
           but
           also
           ,
           in
           some
           Cases
           shall
           
             pay
             unto
             the
             Defendant
          
           his
           Costs
           ,
           Charges
           and
           Damages
           ,
           and
           in
           other
           Cases
           shall
           
             forfeit
             the
             Sum
             of
          
           10
           l.
           It
           seems
           reasonable
           ,
           that
           a
           Justice
           may
           demand
           an
           Account
           of
           the
           Habitation
           and
           Ability
           of
           any
           Person
           ,
           that
           offers
           himself
           as
           an
           Informer
           ;
           that
           so
           he
           may
           be
           satisfied
           of
           the
           Informer's
           Sufficientcy
           to
           answer
           the
           Law
           ,
           in
           such
           respects
           .
           And
           if
           the
           Informer
           cannot
           give
           the
           Justice
           a
           good
           and
           satisfactory
           Account
           of
           himself
           ,
           there
           is
           no
           reason
           sure
           that
           the
           Justice
           should
           be
           obliged
           to
           take
           his
           Information
           .
           And
           since
           that
           Act
           of
           the
           Queen
           is
           still
           in
           force
           ,
           (
           being
           made
           perpetual
           by
           27
           Eliz.
           10.
           )
           I
           humbly
           offer
           it
           to
           the
           Justices
           Consideration
           ,
           whether
           they
           ought
           not
           so
           far
           to
           take
           notice
           thereof
           ,
           as
           
             not
             to
             admit
             every
             idle
             Vagabond
             ,
             and
             beggarly
             Runnagate
          
           to
           be
           an
           Informer
           ,
           who
           is
           so
           far
           from
           having
           10
           l.
           that
           some
           of
           them
           have
           scarce
           a
           pair
           of
           whole
           Ears
           ,
           to
           answer
           the
           Law
           withal
           .
        
         
           4.
           
           It
           seems
           very
           strange
           to
           some
           ,
           that
           they
           should
           be
           convicted
           and
           never
           convened
           ,
           be
           fined
           and
           not
           know
           of
           it
           (
           unless
           casually
           by
           report
           )
           till
           the
           Officers
           come
           to
           distrine
           for
           the
           Fine
           .
           This
           being
           a
           course
           so
           directly
           contrary
           to
           all
           Legal
           Procedures
           in
           all
           Ages
           ,
           and
           condemned
           by
           the
           Practice
           not
           only
           of
           Christians
           and
           Jews
           ,
           but
           of
           very
           Heathens
           also
           ;
           gives
           the
           greater
           cause
           of
           wonder
           and
           amazement
           ,
           that
           it
           should
           be
           used
           by
           any
           now
           .
           The
           practice
           of
           Christendom
           in
           this
           Case
           is
           well
           known
           .
           Among
           the
           Jews
           the
           Witnesses
           were
           not
           only
           to
           be
           present
           ,
           but
           to
           lay
           their
           hands
           on
           the
           head
           of
           the
           Party
           whom
           they
           witnessed
           against
           ,
           while
           Sentence
           was
           given
           against
           him
           ,
           as
           Godwyn
           shews
           in
           his
           Moses
           and
           
             Aaron
             ,
             l.
             5.
             c.
          
           6.
           
           And
           our
           Saviour
           Christ
           ,
           when
           the
           Scribes
           and
           Pharisees
           brought
           a
           Woman
           unto
           him
           ,
           whom
           they
           accused
           of
           Adultery
           ,
           and
           then
           slipt
           away
           themselves
           ;
           took
           that
           occasion
           to
           dismiss
           the
           Woman
           ,
           saying
           ,
           
             Woman
             ,
             where
             are
             those
             thine
             Accusers
             ?
          
           John
           8.
           10.
           
           
             Doth
             our
             Law
             judg
             any
             man
             before
             it
             hear
             him
             ,
             and
             know
             what
             he
             doth
             ,
          
           said
           Nicodemus
           a
           Pharisee
           ,
           
             Iohn
             7.
             51
          
           ?
           For
           Instances
           are
           among
           the
           Heathens
           ,
           not
           to
           search
           prophane
           Authors
           ,
           the
           Scriptures
           tells
           us
           ,
           That
           the
           Roman
           
             Claudius
             Lysius
          
           ,
           when
           he
           sent
           Paul
           Prisoner
           to
           
             Felix
             ,
             gave
             commandment
             to
             his
             Accusers
             to
             go
             also
             ,
             and
             say
             before
          
           Felix
           
             what
             they
             had
             against
             him
          
           ,
           Acts
           23.
           30.
           
           And
           Felix
           having
           received
           the
           Prisoner
           ,
           told
           him
           ,
           I
           
             will
             hear
             thee
             when
             thy
             Accusers
             are
             also
             come
             ,
             ver
             .
          
           35.
           
           And
           accordingly
           ,
           when
           his
           Accusers
           were
           come
           ,
           he
           brought
           them
           Face
           to
           Face
           ,
           Chap.
           24.
           2.
           
           &
           ver
           .
           8.
           19.
           
           And
           indeed
           ,
           Paul
           seems
           to
           claim
           
           it
           as
           his
           Right
           ,
           when
           speaking
           of
           certain
           Jews
           of
           Asia
           ,
           (
           that
           were
           the
           first
           Occasion
           of
           his
           Trouble
           ,
           Chap.
           21.
           27.
           
           )
           he
           saies
           ,
           
             who
             ought
             to
             have
             been
             before
             thee
             ,
             and
             object
             ,
             if
             they
             had
             ought
             against
             me
             ,
          
           Chap.
           24.
           18.
           19.
           
           And
           he
           might
           well
           claim
           it
           as
           his
           Right
           ,
           since
           it
           was
           according
           to
           the
           Roman
           Law
           ,
           as
           Festus
           answered
           the
           Jews
           ;
           
             It
             is
             not
             the
             manner
             of
             the
             Romans
             to
             deliver
             any
             man
             to
             die
             ,
             before
             that
             he
             which
             is
             accused
             ,
             have
             the
             Accuser
             face
             to
             face
             ,
             and
             have
             Licence
             to
             answer
             for
             himself
             concerning
             the
             Crime
             laid
             against
             him
             ,
          
           Chap.
           25.
           16.
           
           And
           surely
           our
           Laws
           in
           general
           require
           the
           same
           .
           Nay
           ,
           in
           this
           Act
           it
           seems
           to
           be
           plainly
           intended
           ,
           that
           the
           Party
           accused
           or
           informed
           against
           ,
           should
           be
           
             first
             summoned
          
           to
           appear
           before
           the
           Justice
           to
           whom
           the
           Information
           is
           given
           ,
           to
           be
           examined
           by
           the
           Justice
           concerning
           the
           Offence
           charged
           against
           him
           ,
           and
           to
           make
           answer
           for
           himself
           .
           For
           the
           first
           way
           of
           Proof
           appointed
           by
           the
           Act
           for
           the
           Conviction
           of
           the
           Party
           charged
           ,
           is
           
             his
             own
             Confession
          
           ;
           and
           that
           must
           be
           made
           before
           the
           Justice
           :
           For
           the
           Words
           of
           the
           Act
           expresly
           are
           ,
           [
           
             upon
             proof
             to
             him
             made
             of
             such
             offence
             ,
             either
             by
             confession
             of
             the
             Party
             ,
          
           or
           Oath
           ,
           &c.
           ]
           So
           that
           the
           Party
           ought
           first
           to
           be
           convened
           before
           the
           Justice
           ,
           and
           examined
           touching
           the
           alleadged
           Offence
           ,
           in
           order
           to
           his
           Conviction
           .
           And
           this
           seems
           regularly
           to
           be
           the
           
             first
             step
          
           towards
           the
           Conviction
           .
           If
           the
           Party
           accused
           confess
           the
           Offence
           ,
           there
           needs
           no
           other
           Proof
           ;
           that
           is
           sufficient
           .
           If
           he
           deny
           it
           ,
           or
           do
           not
           confess
           it
           ,
           in
           whole
           ,
           or
           in
           part
           ,
           then
           (
           and
           not
           till
           then
           )
           is
           other
           Proof
           needful
           :
           Then
           the
           Oath
           of
           two
           Witnesses
           is
           required
           .
           Moreover
           ,
           in
           that
           part
           of
           the
           Act
           which
           directs
           the
           Preachers
           Fine
           ,
           in
           some
           Cases
           ,
           to
           be
           laid
           upon
           others
           ,
           it
           is
           said
           ,
           
             If
             he
             be
             a
             Stranger
             ,
             or
             is
             fled
             and
             cannot
             be
             found
          
           ;
           which
           implies
           he
           ought
           to
           be
           sought
           after
           ,
           and
           found
           (
           if
           it
           may
           be
           )
           before
           any
           Fine
           on
           him
           ,
           or
           on
           others
           for
           him
           ,
           be
           set
           .
           Again
           ,
           (
           saies
           the
           Act
           )
           
             Or
             if
             in
             the
             judgment
             of
             the
             Iustice
             ,
             before
             whom
             he
             shall
             be
             Convicted
             ,
             he
             shall
             be
             thought
             unable
             to
             pay
             ,
          
           &c.
           
           This
           again
           implies
           he
           should
           be
           
             brought
             before
             the
             Iustice
          
           :
           for
           how
           should
           the
           Justice
           be
           able
           to
           judg
           of
           the
           ability
           of
           one
           he
           never
           spake
           with
           nor
           saw
           ?
           So
           that
           by
           many
           strong
           Implications
           it
           appears
           ,
           that
           by
           this
           Act
           ,
           as
           well
           as
           by
           the
           general
           course
           of
           all
           Laws
           ,
           the
           Party
           accused
           ought
           to
           be
           sent
           for
           before
           the
           Magistrate
           to
           whom
           he
           is
           accused
           ,
           that
           he
           may
           know
           his
           Accusers
           ,
           and
           have
           liberty
           to
           make
           his
           defence
           ,
           before
           any
           penalty
           be
           inflicted
           on
           him
           .
           And
           if
           upon
           his
           being
           summoned
           before
           the
           Justice
           ,
           and
           denying
           ,
           or
           not
           confessing
           the
           Charge
           ,
           the
           proof
           must
           be
           made
           by
           the
           Oath
           of
           two
           Witness
           :
           surely
           ,
           methinks
           both
           Law
           and
           Reason
           will
           perswade
           ,
           that
           
             those
             Witnesses
             :
             ought
             to
             depose
             their
             Evidence
             in
             the
             presence
             
             of
             him
             ,
          
           against
           whom
           they
           bear
           Witness
           .
           For
           besides
           that
           it
           would
           be
           an
           awe
           upon
           the
           Witnesses
           ,
           to
           be
           the
           more
           wary
           what
           they
           swear
           ,
           and
           more
           careful
           to
           speak
           the
           truth
           ,
           when
           they
           see
           him
           present
           who
           they
           know
           can
           contradict
           them
           ,
           if
           they
           speak
           not
           the
           truth
           ;
           The
           Law
           ,
           as
           I
           take
           it
           ,
           gives
           liberty
           of
           exception
           (
           upon
           sufficient
           ground
           )
           against
           a
           Witness
           ;
           which
           liberty
           I
           am
           deprived
           of
           ,
           if
           the
           Witses
           Depositions
           be
           taken
           in
           private
           ,
           and
           I
           not
           suffered
           to
           be
           present
           to
           hear
           what
           it
           is
           that
           is
           deposed
           against
           me
           ,
           or
           see
           who
           they
           are
           that
           depose
           it
           .
           Had
           I
           been
           present
           ,
           I
           might
           haply
           have
           assigned
           such
           
             lawful
             exception
          
           against
           the
           Witness
           ,
           as
           might
           have
           taken
           off
           the
           Evidence
           ,
           and
           acquitted
           me
           :
           or
           if
           not
           so
           ,
           yet
           who
           knows
           but
           my
           presence
           might
           have
           prevented
           the
           Witnesses
           from
           
             forswearing
             themselves
          
           against
           me
           .
           However
           ,
           I
           had
           then
           had
           my
           Remedy
           against
           them
           ,
           to
           recover
           my
           Damages
           of
           them
           ,
           if
           they
           were
           able
           ,
           or
           at
           least
           for
           their
           Perjury
           to
           have
           utterly
           disabled
           them
           from
           such
           undertakings
           for
           the
           future
           .
           But
           by
           the
           Evidence
           being
           taken
           in
           private
           ,
           and
           the
           Informers
           concealed
           ,
           I
           am
           deprived
           of
           these
           Benefits
           and
           
             Legal
             Priviledges
          
           :
           and
           by
           such
           means
           may
           the
           most
           innocent
           man
           be
           ruined
           .
           He
           that
           never
           went
           to
           such
           a
           Meeting
           in
           his
           Life
           ,
           may
           by
           this
           means
           be
           made
           to
           suffer
           for
           being
           at
           such
           a
           Meeting
           ,
           if
           a
           couple
           of
           graceless
           Informers
           ,
           either
           out
           of
           malice
           ,
           revenge
           ,
           advantage
           or
           mistake
           (
           and
           
             hope
             of
             concealment
          
           )
           shall
           swear
           against
           〈◊〉
           and
           he
           has
           no
           remedy
           :
           for
           if
           his
           Fine
           do
           not
           exceed
           10
           s.
           he
           〈…〉
           the
           priviledg
           of
           an
           Appeal
           ,
           but
           must
           sit
           down
           by
           the
           loss
           .
           And
           though
           10
           s.
           seems
           but
           a
           little
           ,
           yet
           10
           s.
           a
           week
           is
           26
           l.
           a
           year
           ;
           and
           that
           perhaps
           by
           that
           time
           it
           is
           levied
           ,
           may
           be
           more
           than
           —
           100
           l.
           damage
           to
           him
           from
           whom
           it
           is
           taken
           .
           However
           ,
           be
           the
           suffering
           greater
           or
           less
           ,
           the
           wrong
           is
           the
           same
           .
           I
           entreat
           the
           Justices
           therefore
           to
           take
           this
           Matter
           (
           of
           
             concealing
             Informers
          
           ,
           and
           receiving
           the
           Depositions
           of
           Witnesses
           against
           men
           
             in
             private
          
           ,
           and
           condemning
           and
           sentencing
           Persons
           unheard
           )
           into
           their
           serious
           consideration
           ,
           and
           do
           herein
           as
           they
           would
           be
           done
           unto
           .
           It
           was
           a
           true
           saying
           ,
           though
           spoken
           by
           an
           Heathen
           ,
           
             
               Qui
               statuit
               aliquid
               parte
               inaudita
               altera
               ,
            
             
               Aequum
               licet
               sta●uerit
               ,
               haud
               aequus
               fuit
               ,
            
             
               Sen.
               in
               Medea
               ,
               Act.
               2.
               
            
          
           Which
           may
           bear
           this
           English.
           
             
               He
               that
               ,
               but
               one
               part
               heard
               ,
               a
               Fine
               shall-lay
               ,
            
             
               Not
               hearing
               what
               the
               Accused
               hath
               to
               say
               :
            
             
               Although
               his
               Sentence
               should
               prove
               just
               ,
               yet
               he
            
             
               An
               unjust
               Iudg
               w●ll
               still
               reputed
               be
               .
            
          
        
         
         
           5.
           
           What
           hath
           been
           said
           of
           Informers
           swearing
           ,
           hath
           been
           spoken
           with
           respect
           to
           
             present
             practice
             only
          
           :
           for
           otherwise
           it
           is
           the
           opinion
           of
           able
           Counsel
           ,
           that
           
             no
             Informer's
             Oath
             ought
             to
             be
             taken
             in
             this
             case
             .
          
           And
           therefore
           ,
           since
           the
           Act
           directs
           ,
           that
           if
           the
           Party
           accused
           do
           not
           confess
           the
           Charge
           ,
           he
           is
           to
           be
           convicted
           by
           the
           
             Oath
             of
             two
             Witnesses
          
           ,
           it
           may
           not
           be
           unworthy
           the
           Justices
           consideration
           ,
           what
           persons
           in
           this
           Case
           are
           
             fair
             and
             legal
             Witnesses
          
           ,
           what
           not
           .
           In
           which
           Inquiry
           I
           will
           not
           insist
           on
           that
           general
           qualification
           of
           a
           Witness
           ,
           viz.
           that
           he
           must
           be
           
             Probus
             &
             legalis
             Homo
          
           :
           (
           for
           little
           Probity
           to
           be
           sure
           ,
           whatver
           of
           Legality
           in
           that
           large
           Sense
           ,
           is
           to
           be
           looked
           for
           in
           that
           sort
           of
           men
           ,
           who
           commonly
           turn
           Informers
           .
           )
           But
           I
           will
           propose
           the
           Question
           ,
           
             whether
             any
             man
             can
             be
             a
             fair
             and
             lawful
             Witness
             ,
             who
             Swears
             on
             his
             own
             behalf
             ,
             and
             for
             his
             own
             advantage
             ?
          
           If
           he
           cannot
           (
           which
           I
           suppose
           will
           be
           granted
           )
           then
           is
           the
           Informer
           excluded
           from
           being
           a
           Witness
           ,
           since
           if
           he
           Swear
           ,
           
             he
             Swares
             clearly
          
           (
           no
           man
           more
           )
           
             for
             his
             advantage
          
           :
           And
           he
           is
           not
           put
           upon
           Swearing
           ,
           but
           puts
           himself
           upon
           it
           ,
           meerly
           for
           advantage-sake
           to
           himself
           .
           If
           it
           be
           said
           ,
           
             he
             Swares
             for
             the
             King
          
           ;
           the
           Answer
           is
           ,
           
             and
             for
             himself
             too
          
           :
           He
           swears
           no
           more
           for
           the
           King
           ,
           than
           he
           doth
           for
           himself
           ;
           the
           King
           is
           to
           have
           but
           a
           third
           part
           of
           the
           Fines
           ,
           and
           the
           Informer
           himself
           as
           much
           .
           If
           in
           Trials
           at
           Law
           ,
           no
           man
           is
           admitted
           for
           a
           Witness
           who
           is
           
             interessed
             in
             the
             Cause
          
           ,
           and
           is
           to
           
             reap
             advantage
             by
             it
          
           ;
           there
           is
           then
           great
           reason
           sure
           ,
           that
           the
           Informers
           should
           be
           set
           aside
           ,
           in
           point
           of
           Evidence
           :
           Since
           he
           is
           not
           only
           
             interessed
             in
             the
             Cause
          
           ,
           and
           to
           
             reap
             advantage
             by
             it
          
           ;
           but
           is
           Spurr'd
           on
           to
           the
           undertaking
           merely
           by
           the
           hope
           ,
           and
           desire
           he
           hath
           of
           gaining
           thereby
           .
           If
           in
           a
           Tryal
           it
           should
           be
           proved
           ,
           that
           a
           Witness
           was
           promised
           to
           have
           so
           much
           mony
           given
           him
           ,
           in
           case
           by
           his
           Evidence
           the
           Cause
           should
           be
           gained
           :
           Would
           it
           not
           be
           a
           fair
           exception
           against
           that
           Witness
           ,
           and
           a
           just
           ground
           to
           set
           him
           aside
           ?
           The
           Informer
           is
           the
           Accuser
           :
           and
           is
           it
           reasonable
           that
           he
           should
           be
           both
           Accuser
           and
           Witness
           too
           ?
           'T
           is
           he
           that
           makes
           the
           Complaint
           :
           and
           shall
           he
           be
           admitted
           to
           prove
           
             his
             own
          
           Complaint
           by
           
             his
             own
          
           Evidence
           only
           !
           If
           he
           hath
           ought
           to
           charge
           any
           man
           with
           ,
           let
           him
           in
           this
           ,
           as
           in
           all
           other
           Cases
           ,
           make
           good
           his
           Charge
           by
           the
           Evidence
           of
           such
           Witnesses
           ,
           as
           are
           uninteressed
           in
           the
           Cause
           ,
           and
           of
           unsuspected
           Credit
           .
           But
           this
           Exception
           lies
           not
           against
           Informers
           only
           ,
           but
           against
           all
           others
           also
           who
           are
           to
           
             reap
             benifit
             to
             themselves
          
           ,
           by
           the
           Conviction
           .
           Such
           I
           take
           to
           be
           ,
           The
           
             Poor
             of
             that
             Parish
          
           where
           the
           Offence
           is
           alleadged
           to
           have
           been
           committed
           :
           for
           if
           the
           Party
           accused
           
           be
           convicted
           ,
           
             they
             are
             to
             have
             a
             third
             part
             of
             the
             Fine
          
           ;
           so
           that
           they
           ,
           like
           the
           Informers
           ,
           Sweat
           for
           
             their
             own
             immediate
             Advantage
          
           ;
           and
           therefore
           ,
           by
           a
           Parity
           of
           Reason
           ,
           are
           equally
           to
           be
           excluded
           from
           giving
           Evidence
           in
           such
           a
           Case
           .
           To
           these
           may
           be
           added
           all
           such
           as
           are
           Rated
           to
           the
           Relief
           of
           the
           Poor
           in
           
             that
             Parish
          
           ,
           where
           such
           Offence
           is
           alleadged
           to
           have
           been
           committed
           .
           For
           though
           these
           do
           not
           ,
           as
           the
           former
           ,
           swear
           for
           their
           own
           immediate
           advantage
           ;
           yet
           the
           Evidence
           of
           these
           doth
           mediately
           ,
           and
           in
           the
           Consequences
           of
           it
           ,
           tend
           to
           their
           own
           advantage
           ,
           in
           
             easing
             themselves
             thereby
             of
             the
             Charge
             of
             maintaining
             their
             Poor
             ,
          
           in
           whole
           or
           in
           part
           .
           I
           could
           instance
           a
           Parish
           ,
           in
           which
           the
           Overseers
           of
           the
           Poor
           do
           at
           this
           present
           forbear
           making
           a
           Rate
           for
           the
           Relief
           of
           the
           Poor
           ,
           upon
           a
           Prospect
           they
           have
           ,
           and
           a
           declared
           expectation
           ,
           of
           Monies
           likely
           to
           come
           in
           by
           Fines
           and
           Forfeitures
           upon
           this
           Act
           ;
           by
           which
           they
           hope
           and
           propose
           to
           ease
           the
           Parish
           of
           that
           Charge
           .
           Now
           is
           not
           every
           Contributer
           to
           the
           Poors
           Rate
           in
           that
           Parish
           ,
           justly
           to
           excepted
           against
           as
           an
           Evidence
           in
           this
           Case
           ,
           when
           their
           Evidence
           so
           plainly
           tends
           to
           their
           own
           advantage
           and
           interest
           ?
           If
           a
           man
           offer
           to
           swear
           for
           the
           enlarging
           
             his
             own
          
           Parish-Bounds
           ,
           he
           is
           not
           allowed
           for
           a
           good
           Witness
           ,
           nor
           will
           his
           Evidence
           be
           taken
           in
           that
           Case
           .
           The
           Reason
           is
           ,
           because
           by
           the
           enlarging
           his
           Parish
           -
           〈◊〉
           it
           is
           supposed
           some
           
             profit
             or
             advantage
             may
             accrew
             to
             him
          
           〈…〉
           be
           so
           in
           that
           Case
           ,
           why
           should
           it
           not
           rather
           be
           so
           in
           this
           ;
           the
           same
           reason
           in
           this
           Case
           being
           
             no
             less
             forcible
          
           ,
           and
           
             more
             obvious
          
           than
           in
           that
           ?
           Nor
           are
           the
           Constables
           and
           other
           Officers
           free
           from
           being
           
             excepted
             against
          
           as
           Witnesses
           in
           this
           Case
           .
           For
           the
           Act
           giving
           a
           third
           part
           of
           the
           Penalties
           to
           the
           Informers
           ,
           and
           
             to
             such
             Person
             and
             Persons
             as
             the
             Iustice
             shall
             appoint
             ,
             having
             regard
             to
             their
             diligence
             and
             industry
             in
             discovering
             ,
             dispersing
             and
             punishing
             of
             the
             said
             Conventicles
          
           ;
           it
           cannot
           well
           be
           understood
           that
           this
           is
           meant
           of
           any
           other
           Persons
           than
           the
           Constables
           ,
           and
           those
           other
           Officers
           mentioned
           in
           the
           Act
           ,
           because
           none
           but
           they
           are
           authorized
           to
           disperse
           and
           punish
           the
           Conventicles
           .
           And
           therfore
           ,
           since
           they
           are
           by
           this
           Clause
           of
           the
           Act
           
             put
             into
             a
             capacity
             of
             sharing
             with
             the
             Informers
          
           ;
           (
           at
           the
           Justice's
           direction
           )
           and
           consequently
           may
           be
           
             tempted
             with
             hopes
             of
             advantage
          
           ;
           it
           seems
           but
           reasonable
           that
           they
           also
           should
           be
           set
           aside
           ,
           in
           point
           of
           Evidence
           ,
           and
           that
           the
           proof
           should
           be
           made
           by
           Persons
           of
           other
           Parishes
           ,
           to
           whom
           no
           profit
           can
           accrew
           thereby
           ,
           and
           against
           whom
           no
           colour
           of
           exception
           may
           lie
           .
        
         
         
           6.
           
           Although
           the
           Act
           doth
           require
           every
           Justice
           of
           the
           Peace
           ,
           upon
           Proof
           made
           to
           him
           ,
           to
           make
           a
           Record
           of
           the
           Offence
           proved
           ,
           and
           thereupon
           to
           impose
           upon
           the
           Offender
           so
           convicted
           ,
           for
           the
           first
           Offence
           5
           s.
           aud
           for
           every
           after
           ,
           10
           s.
           yet
           
             it
             doth
             not
             injoyn
             the
             Iustice
             to
             prosecute
             .
          
           He
           is
           not
           by
           the
           letter
           of
           the
           Act
           expresly
           injoynned
           ,
           so
           much
           as
           to
           
             issue
             out
             a
             Warrant
          
           for
           the
           Levying
           the
           fine
           ;
           much
           less
           is
           he
           obliged
           to
           
             drive
             on
          
           the
           Officers
           to
           take
           distress
           .
           Nay
           ,
           it
           is
           doubtful
           to
           some
           profest
           Lawyers
           ,
           whether
           a
           Justice
           of
           the
           Peace
           may
           grant
           such
           a
           Warrant
           ,
           or
           not
           ;
           in
           as
           much
           as
           in
           this
           particular
           he
           is
           not
           expressly
           required
           or
           authorized
           so
           to
           do
           ,
           as
           in
           other
           parts
           of
           the
           Act
           he
           is
           .
           But
           however
           ,
           this
           seems
           clear
           ,
           that
           inasmuch
           as
           there
           is
           a
           
             reasonable
             ground
             of
             Doubt
          
           ,
           the
           Justice
           doth
           not
           incur
           the
           forfeiture
           of
           100
           l.
           in
           case
           he
           do
           refuse
           to
           grant
           such
           Warrant
           ,
           provided
           he
           ground
           his
           Refusal
           upon
           that
           doubt
           ,
           and
           declare
           that
           to
           be
           the
           reason
           of
           his
           refusal
           at
           the
           time
           when
           he
           so
           refuses
           :
           for
           then
           he
           cannot
           be
           convicted
           of
           
             wilfully
             and
             wittingly
          
           omitting
           the
           performance
           of
           his
           Duty
           ,
           as
           the
           words
           of
           the
           Act
           are
           in
           relation
           to
           that
           forfeiture
           ,
           and
           which
           must
           be
           proved
           in
           order
           to
           the
           Recovery
           of
           it
        
         
           7.
           
           The
           Act
           doth
           not
           inflict
           the
           Penalty
           of
           20
           l.
           or
           40
           l.
           upon
           any
           Person
           for
           Praying
           ,
           as
           it
           doth
           for
           Preach
           or
           Teaching
           .
        
         
           The
           Words
           of
           the
           Act
           are
           ,
           [
           
             That
             〈◊〉
             Person
             who
             shall
             take
             upon
             him
             to
             Preach
             or
             Teach
             in
             〈◊〉
             ●uch
             Meeting
          
           &c.
           
             and
             shall
             thereof
             be
             convicted
             as
             aforesaid
             ;
             shall
             forfeit
             for
             every
             such
             first
             offence
             the
             sum
             of
          
           20
           l.
           —
           
             And
             if
             such
             Offender
          
           ,
           &c.
           
             shall
             at
             any
             time
             again
             commit
             the
             like
             Offence
             ,
          
           &c.
           
             and
             he
             thereof
             convicted
          
           ;
           &c.
           
             than
             such
             Offender
             so
             convicted
             of
             such
             like
             Offence
             or
             Offences
             ,
             shall
             for
             every
             such
             offence
             ,
             incur
             the
             penalty
             of
          
           40
           l.
           ]
           Here
           the
           Penalties
           of
           20
           l.
           and
           40
           l.
           are
           restrained
           to
           Preaching
           and
           Teaching
           ;
           
             Not
             a
             Word
             of
             Praying
          
           .
           Now
           Praying
           is
           neither
           Preaching
           nor
           Teaching
           :
           for
           Preaching
           and
           Teaching
           are
           directed
           to
           Men
           ,
           but
           Prayer
           is
           directed
           to
           God
           ,
           whom
           no
           man
           can
           Teach
           .
           If
           therefore
           any
           man
           shall
           be
           informed
           against
           for
           Preaching
           ,
           and
           upon
           Examination
           it
           appear
           that
           
             he
             was
             only
             heard
             to
             Pray
             ,
          
           he
           cannot
           be
           thereby
           Legally
           Convicted
           of
           being
           a
           Preacher
           ,
           or
           incur
           the
           Fines
           imposed
           by
           the
           Act
           on
           such
           as
           Preach
           or
           Teach
           .
           This
           has
           been
           tried
           upon
           an
           Appeal
           ,
           and
           Judgment
           given
           for
           the
           Appellant
           .
        
         
         
           8.
           
           This
           Act
           doth
           
             not
             forbid
             Women
             to
             Preach
             or
             Teach
             :
          
           For
           though
           it
           seems
           at
           first
           to
           speak
           indefinitely
           of
           every
           person
           ,
           yet
           it
           immediately
           
             restrains
             it
             to
             the
             Male
             Sex
             ,
          
           by
           using
           the
           
             Masculine
             Gender
             only
          
           ,
           [
           Him
           and
           His.
           ]
           The
           Words
           of
           the
           Act
           are
           ,
           
             That
             every
             person
             who
             shall
             take
             upon
             him
             to
             preach
          
           &c.
           
             shall
             forfeit
          
           ,
           &c.
           
             to
             be
             levied
             upon
             his
             Goods
             ,
          
           &c.
           
             and
             if
             the
             said
             Preacher
             or
             Teacher
             be
             a
             stranger
             ,
             and
             his
             name
             not
             known
             ,
          
           &c.
           ]
           It
           is
           not
           said
           ,
           who
           shall
           take
           upon
           
             him
             or
             her
          
           ,
           &c.
           or
           to
           be
           levied
           upon
           his
           or
           her
           Goods
           ,
           &c.
           
           Or
           if
           his
           or
           her
           name
           be
           not
           known
           ,
           &c.
           as
           in
           the
           next
           Paragraph
           of
           the
           Act
           ,
           relating
           to
           the
           Meeting-Places
           ,
           it
           is
           .
           For
           there
           it
           is
           said
           [
           
             That
             person
             who
             shall
          
           wittingly
           or
           willingly
           ,
           
             suffer
             any
             such
             Conventicle
          
           ,
           &c.
           
             to
             be
             held
             in
             his
             or
             her
             house
             ,
          
           &c.
           
             shall
             forfeit
             20.
             l.
             to
             be
             levied
             upon
             his
             or
             her
             Goods
             ,
          
           &c.
           
             or
             in
             case
             of
             his
             or
             her
             poverty
             ,
          
           &c.
           ]
           Here
           the
           Gender
           is
           very
           carefully
           varied
           .
           And
           as
           this
           variation
           of
           Gender
           from
           him
           to
           her
           doth
           clearly
           subject
           Women
           to
           the
           Fines
           for
           suffering
           such
           Conventicles
           ,
           mentioned
           in
           the
           Act
           ,
           at
           their
           Houses
           :
           So
           the
           omi●sion
           of
           that
           variation
           ,
           and
           using
           only
           the
           Masculine
           Gender
           ,
           
             Him
             and
             His
             ,
             not
             Her
             at
             all
             ,
          
           doth
           as
           clearly
           
             exempt
             Women
          
           from
           being
           fined
           for
           Preaching
           .
           This
           also
           hath
           been
           tried
           upo●●
           an
           Appeal
           ,
           and
           judgment
           thereupon
           given
           for
           the
           Apellant
           .
        
         
           9.
           
           If
           above
           the
           number
           of
           four
           persons
           ,
           besides
           the
           Family
           ,
           be
           met
           together
           ,
           
             and
             sit
             in
             silence
          
           ,
           so
           that
           the
           Informers
           are
           not
           able
           to
           prove
           that
           there
           was
           
             any
             words
          
           spoken
           among
           them
           ,
           and
           so
           no
           overt
           act
           of
           religious
           Exercise
           .
           Such
           a
           Meeting
           hath
           been
           adjudged
           
             not
             to
             come
             within
             this
             Act
             ,
          
           nor
           the
           Persons
           so
           met
           to
           be
           justly
           liable
           to
           any
           of
           those
           Fines
           ,
           ●mposeable
           by
           this
           Act.
           For
           they
           who
           are
           finable
           by
           this
           Act
           must
           be
           such
           ,
           as
           are
           Convicted
           of
           having
           been
           at
           a
           Meeting
           where
           was
           
             some
             Exercise
             of
             ●el●gion
             ,
             in
             other
             manner
             than
             according
             to
             the
             Liturgy
             ,
          
           &c.
           
           But
           what
           Exercise
           of
           Religion
           can
           those
           persons
           be
           Convicted
           of
           ,
           who
           only
           sit
           still
           ▪
           and
           
             neither
             say
             a●y
             thing
             ,
             nor
             do
             any
             thing
             ?
          
           If
           their
           minds
           and
           spirits
           be
           inwardly
           gathered
           into
           a
           spiritual
           Exercise
           towards
           God
           ,
           who
           is
           the
           Father
           of
           Spirits
           ;
           That
           methinks
           should
           not
           
             be
             in
             other
             manner
          
           than
           according
           to
           the
           Liturgy
           and
           Practice
           of
           the
           Church
           of
           England
           .
           However
           ,
           that
           falls
           not
           under
           the
           Cognizance
           of
           outward
           Evidence
           .
           But
           that
           which
           the
           Justices
           may
           well
           hold
           the
           Informers
           and
           
           their
           Witnesses
           to
           is
           ,
           
             what
             Exercise
             of
             Religion
             they
             saw
             there
             ?
          
           And
           if
           they
           are
           not
           able
           to
           give
           account
           of
           
             some
             Exercise
          
           of
           Religion
           there
           used
           ,
           and
           that
           
             in
             other
             manner
          
           than
           according
           to
           the
           Liturgy
           ,
           &c.
           the
           Justice
           hath
           very
           good
           ground
           to
           
             reject
             their
             Information
          
           .
           In
           this
           Case
           also
           upon
           a
           Tryal
           ,
           the
           Persons
           so
           met
           have
           been
           acquitted
           .
        
         
           11.
           
           And
           lastly
           ,
           concerning
           the
           House
           or
           Place
           where
           the
           Meeting
           is
           held
           ,
           there
           seems
           to
           be
           a
           great
           mistake
           .
           For
           some
           eager
           Prosecutors
           of
           this
           Act
           ,
           for
           
             every
             time
          
           that
           proof
           hath
           been
           made
           to
           them
           ,
           of
           a
           Meeting
           being
           held
           at
           such
           or
           such
           an
           House
           ,
           have
           imposed
           a
           fresh
           Fine
           for
           the
           House
           ,
           which
           in
           my
           apprehension
           ,
           (
           with
           submission
           notwithstanding
           to
           more
           able
           judgment
           )
           the
           Act
           affords
           no
           colour
           for
           .
           The
           words
           are
           these
           [
           
             And
             be
             it
             further
             enacted
             by
             the
             Authority
             aforesaid
             ,
             that
             every
             Person
             who
             shall
             wittingly
             and
             willingly
             suffer
             any
             such
             Conventicle
             ,
             Meeting
             or
             unlawful
             Assembly
             aforesaid
             ,
             to
             be
             held
             in
             his
             or
             her
             house
             ,
             out-house
             ,
             Barn
             ,
             Yard
             or
             Back-side
             ,
             and
             be
             convicted
             thereof
             in
             manner
             aforesaid
             shall
             forfeit
             the
             sum
             of
          
           20
           l.
           
             to
             be
             levied
             in
             manner
             aforesaid
             ,
             upon
             his
             or
             her
             Goods
             and
             Chattels
             ;
             or
             in
             case
             of
             his
             or
             her
             poverty
             or
             inability
             as
             aforesaid
             ,
             upon
             the
             Goods
             and
             Chattels
             of
             such
             persons
             who
             shall
             be
             convicted
             in
             manner
             aforesaid
             ,
             of
             being
             present
             at
             the
             same
             Conventicle
             ;
             and
             the
             Money
             so
             levied
             to
             be
             disposed
             of
             in
             manner
             aforesaid
             .
          
           ]
           This
           is
           the
           whole
           of
           that
           matter
           verba●im
           :
           In
           which
           there
           is
           no
           mention
           of
           any
           more
           or
           other
           than
           one
           Fine
           ,
           and
           that
           of
           20
           l.
           No
           iteration
           or
           repeating
           of
           the
           Fine
           ,
           for
           
             every
             such
             Meeting
          
           ;
           as
           in
           other
           parts
           of
           this
           Act
           ,
           where
           the
           Fine
           is
           to
           be
           repeated
           ,
           It
           is
           expresly
           said
           .
           For
           instance
           ,
           In
           the
           case
           of
           the
           Hearer
           ,
           there
           is
           not
           only
           the
           Fine
           of
           5
           s.
           set
           for
           the
           first
           Offence
           ;
           but
           a
           double
           Fine
           afterwards
           for
           
             every
             such
             Offence
          
           ,
           expresly
           .
           Again
           ,
           In
           the
           case
           of
           the
           Preacher
           ,
           There
           is
           not
           only
           the
           Fine
           of
           20
           l.
           for
           the
           first
           Offence
           ;
           but
           a
           double
           Fine
           afterwards
           for
           
             every
             such
             Offence
          
           ,
           expresly
           .
           Again
           ,
           In
           the
           Case
           of
           a
           Constables
           wilfully
           and
           wittingly
           ●mitting
           the
           performance
           of
           his
           duty
           ,
           it
           is
           said
           expresly
           ,
           He
           shall
           forfeit
           
             for
             every
             such
             Offence
          
           the
           sum
           of
           5
           l.
           But
           in
           this
           Case
           of
           the
           Meeting-House
           ,
           there
           is
           
             no
             such
          
           Expression
           used
           ,
           no
           such
           Provision
           made
           ,
           no
           such
           Direction
           given
           ,
           
             ●o
             such
          
           Course
           required
           .
           Nay
           ,
           here
           is
           not
           so
           much
           as
           an
           Implication
           of
           a
           Second
           ;
           for
           the
           Word
           
             [
             First
          
           ]
           is
           not
           here
           used
           ,
           as
           in
           the
           other
           Cases
           ,
           of
           Preacher
           and
           Hearer
           ,
           it
           is
           .
           Now
           
           since
           in
           all
           places
           of
           the
           Act
           ,
           where
           the
           Penalty
           is
           to
           be
           repeated
           or
           
             more
             than
             once
          
           inflicted
           ;
           it
           is
           expresly
           said
           
             [
             for
             every
             such
             Offence
          
           ]
           which
           Sentence
           in
           this
           Place
           is
           
             wholly
             omitted
          
           ,
           take
           it
           for
           a
           very
           perswasive
           Argument
           ,
           That
           it
           was
           never
           intended
           any
           more
           than
           one
           Fine
           should
           be
           set
           for
           one
           Meeting-House
           ,
           how
           oft
           foever
           met
           in
           .
           But
           if
           any
           apprehend
           otherwise
           ,
           and
           should
           think
           the
           Intention
           of
           the
           Law-makers
           reacht
           further
           ;
           yet
           since
           the
           
             Letter
             of
             the
             Law
             extends
             no
             further
             ,
          
           since
           also
           the
           Clemency
           of
           English
           Natures
           hath
           resolved
           it
           into
           an
           Axiom
           ,
           
             That
             poenal
             Laws
             are
             to
             be
             taken
             ,
             in
             mitiori
             Sens●
             in
             the
             more
             mild
             and
             favourable
             Sense
             :
          
           there
           seems
           to
           be
           here
           at
           least
           
             fair
             Scope
          
           for
           all
           (
           who
           would
           not
           be
           Severer
           than
           Severity
           ,
           and
           even
           exceed
           
             Summum
             Jus
          
           )
           to
           exercise
           some
           degree
           of
           Compassion
           towards
           the
           afflicted
           .
           To
           which
           Christian
           Temper
           ;
           and
           tends
           frame
           of
           Spirit
           ,
           what
           words
           can
           be
           more
           moving
           and
           apt
           to
           dispose
           ,
           than
           those
           of
           our
           blessed
           Saviour
           ,
           in
           his
           Sermon
           in
           the
           Mount
           ,
           
             viz.
             Blessed
             are
             the
             Merciful
             ;
             for
             they
             shall
             obtain
             Mercy
             ,
             Mat.
          
           5.
           7.
           
        
         
           THE
           END
           .