A LETTER from a Justice of Peace TO A counselor at Law CONCERNING CONVENTICLES, With the Counsellors Reply.  
●IR,  
SInce I had the Honour of serving his Majesty in his Commission of the Peace for this County, I have not met with that danger and difficulty as hath lately occurred, which compels me to crave your judicious Counsel and advice. On Monday last, two persons( of insolent behavi●… came to my House, styling themselves Informers; these make Oath, that ●… ey before at a private House, in a neighbour Village, were assembled se●… persons, above the number of four, beside the Family, where was held a ●… enticle or Religious Exercise, contrary to the Tenor of the late Act, and 〈◇〉 Informers conjure me under the Penalty of 100 l. to Record the offence, ●… o levy the Fines accordingly; whereupon I sent for the Persons accu●… and having them and the Informers face to face, I demanded whether 〈◇〉 would own themselves guilty of a Conventicle within that Act; They 〈◇〉 themselves present at a Religious Exercise, but deny it to be in other ●… er than according to the Liturgy and Practise of the Church of England; 〈…〉 say they) we profess the same Faith with the Church of England, Preach 〈…〉 aintain the same Doctrine, Worship the same God through the one Me●… and by his Spirit; We admit persons of all Ages and Sexes to our 〈…〉 oly,( a practise incompatible with Plots.) Whereupon I demanded of 〈…〉 formers,( being upon their Oath) whether they could safely Swear, In 〈◇〉, That this was, A pretended colourable Religious Exercise, in other 〈◇〉 than according to the Liturgy and practise of the Church of England; 〈…〉 ithal cautioned them to consider, that if they Swore the Affirmative, 〈◇〉 must necessary know, what the Liturgy is, what the Church of England is, and what its practise is, unto all which the Informers were able to given other answer than this, That in as much as the Meeting was not in a Church or place of public Worship, and no Common-Prayer red,( as they heard this they took to be a Conventicle within that Act. Lastly,( at the reque●… of the Defendants) I demanded of the Informers, whether they were prese●… from the beginning to the end of the Exercise, to which they answered Negatively. Sir, seeing the Act giveth me three Months time to deliberate o● this Matter, I dismissed both parties, and here sand you the Case with yo●… Fee, and crave your Opinion, Whither the Defendants are within this Statute as the Evidence stands? I am, Sir,  
Your humble Servant.   

The Answer.  
SIR,  
I Received your Letter and Fee, and for as much as the Determination 〈◇〉 the Case proposed, depends upon our Knowledge of the genuine se●… of the late Statute against Conventicles, I have studiously endeavour to satisfy my own and your understanding, by considering, first the Tit●… secondly the Preface; and thirdly the Body of the Act, and do herewith of●… you my Disquisition of the whole.  
I. Of the Title, in these words, An Act to prevent Seditious Conventic●…  
Sir, The men of my Profession do generally say, that Titles of Acts 〈◇〉 Clavis Legum, and serves as contents to a Chapter: Now Sir, if you co●pare your Evidence with this Title, I find nothing of Sedition so much suggested, much less proved.  
Let it also be considered, that this Kingdom hath been Blessed with same and worthy Justices of the Law, such as ever abhorred harsh and severe In●… pretations of Laws, especially where the Property and Liberty of the Sub●… hath been concerned: And though this Act tells you, that it must be o●strued, Most largely and beneficially for the suppressing of Conventicles, 〈◇〉 you( knowing what the words import) may not thence take Liberty to m●… any Conventicle a Crime which the Act doth not make so.  
Wherefore my opinion is upon the Title of the Act, and Evidence o 〈…〉 matter, the Defendants are not within the Act.  
II. We now proceed to the Prefatory part of the Act, in these We For providing more speedy Remedy against the growing and dangerous ●…ctice of Seditious Sectaries, and other disloyal Persons, who under a pre●… of tender Consciences, have or may at their Meeting, contrive Insurrect●… as late Experience hath shown.  
We must now compare this Preface with the Evidence, as it is offer 〈…〉 your Case, The Defendants in presence of the Informers, profess the 〈◇〉 and Doctrine established in the Church of England, Worship the same Go 〈…〉 admit persons of all Ages and Sexes, which( say they) is incompatible ●… ots, &c. and all this the Informers seems to confess, at least give no Evidence to the contrary; and it is a known Axiom in Law and Reason, De non ●… arentibus et non existentibus eadem ratio; Wherefore I conclude the De●… dants are not within the Preface of the Act.  
III. But thirdly, it must be granted, that though neither the Title nor the ●reface of( the Act) do reach the Defendants, yet the Body of the Act may, 〈…〉 he words— That if any person or persons, above the Age of 16 years, &c. ●… ll be present at any Assembly, Conventicle, or Meeting, under colour or pre●… nce of any Exercise of Religion, in other manner than according to the Li●… rgy and Practise of the Church of England, &c. where there shall be five of ●… re persons Assembled over and above those of the household, &c.  
Sir, I dare be positive in my Opinion, That if these words do not reach the defendants, no part of the Act doth, wherefore every part of them deserves due consideration; And first of these, Whosoever shall be present at any ●… sembly. &c. under colour or pretence of any Exercise of Religion, &c.  
To my utmost understanding there can but two sences be put upon these ●ords,  
First, either a real truly Christian Exercise of Religion, which yet cannot without its pretence and colour any more than the false one, or,  
Secondly, such an Exercise of Religion as carrieth only a pretence and co●… r, without Truth and Sincerity.  
Our enquiry must be in which of these two sences to interpret these words 〈…〉 e Act, and first of the first of these.  
〈◇〉 Whether these words can be construed as intending to punish a real truly ●… ristian Exercise of Religion.  
Of this I shall first give you my Opinion, and then my Reason. My Opi●… on is, the words cannot with Reason and Charity be so understood;  
My reason is, because I suspect that such an Interpretation would make 〈◇〉 Statute a nullity in its self; for that all Casuists, Lawyers, and Divines, ●… gree, that every Law made against the Law of God, is null ( Ipso facto) 〈◇〉 any obligation of Conscience.  
Now to demonstrate that this sense is contrary to the Law of God, let us 〈◇〉 red the words according to this construction and they would run thus, any person or persons, above the number of four shall worship God truly and ●… rely in other manner &c. shall incur the Penalty of the Act. If the Act 〈◇〉 been thus Penned. I leave it to your judgement how harsh it would seem ●… ery Christian Ear, even the Legislators themselves.  
And now consider how it will agree with these Scriptures following, 1 Tim. I will therefore that man Pray every where, for number and place indefinite, 18.30 31. And Paul dwelled two whole years in his hired h●use, and received all ●… come to him, Preaching the Kingdom of God, no man forbidding him. Mark 2. ●…. And it was noised that he was in the house, and strait many were gathered to●… er, insomuch as there was no Room for them.  
Sir, having personal Knowledge of your Loyalty to your Prince, and Reverence to his Laws, I have great reason to conclude, that you will abhor to interpret the sense of this Branch of the Statute, that it intends to punish tru● and sincere Religion wherever Exercised; nor can the number, more o● less, give any turpitude or innocency; for if the Worship in itself be Evil, is intolerable in Four, if good, fourscore cannot make it Evil: Wherefore we having but our choice of two Interpetations,( it being beyond my red to conceive a third;) we are constrained to take the second sense premised which is agreeable not only to the Letter of the Law, but consonant to tru● Reason and Religion, and then our result must be, that this clause of the Act,( compared with the Preface) intends to punish such, as under colour ● pretence,( as opposed to true and sincere Religion) do or may meet to contrive Insurrections.  
Sir, having now, I hope, truly discovered the crime intended by this Ac● it now remain we examine, whether the Evidence offered, will be found ● Kindred hereunto, so as to make the Defendants guilty of the Crime, and consequently to incur the Penalty, I think it beyond contradiction, that ●lour or pretence, as opposed to Truth and sincerity, none but the Omnis●ent God can take cognizance of, otherwise than by Overt Acts, discoveri● the falsehood of the mind, so that if the Informers had sworn( as I find no● that the Defendants met under colour or pretence, and give no evidence Fact, either of false Doctrine, or Seditious words, or contrivances tendi●● to Insurrections, the Law hath no cogency on your conscience to credit s●● Evidence: If you consider the words of the Act,( Do or may contribe Insurections, as Experience shows, and thence gather, that though no Evide●● evince that they did, yet at such Meetings, Insurrectious may be contrive I answer, no experience of any time or age gives instance, that such wic● Plots or contrivances were forged in such Meetings, where Women, Child● persons of all Ages and Sexes promiscuously Assemble; nay, the Pract●● rather seems a security against such Plots.  
Wherefore my Opinion is, that this Branch of the Act doth not reach Defendants, as your evidence stands.  
And for as much as this Branch is not independent, but carries its influe● into the whole crime described by the Act, my Opinion is, the Defenda● are wholly out of the reach of the Statute; yet lest you should doubt, or Opinion belove-ruled herein, we will subjoin the words following in Act, and then examine whether they will further charge or acquit the De●●●dants.  
[ If any person or persons. &c. shall be present at any Conventicle. &c. d●r colour or pretence of any Exercise of Religion, in other master than ●cording to the Lithurgy and Practise of the Church of England.] post an A●vocate for the Informer may tell you, that the Clause suppose● Exercise of Religion can be real and sincere, but colourable and prete● only, that is not performed in the very words of the Liturgy. To which) answer, that the subsequent words, and Practise of the Church, give a clear contradiction to such a Paraphrase, because in all our public Assemblies, men pray before and after Sermon, in other words than the liturgy, and yet not reputed criminal within this Act; but for your better satisfaction, it may ●●em expedient we consider how to construe these words, ( in other manner than according to the Lithurgy.)  
You know the Saviour of the World taught his Disciples to Pray, Mat. 6.9. After this manner therefore Pray ye, Our Father which art in Heaven. You find many of the Disciples Prayers recorded in Scripture, Act. 1.24.& 4.23. and graciously accepted of God, and yet you never red they used that Form, but in other words agreeing for matter.  
Now Sir, if these two Parallel Questions were put,  
Did the Disciples of Christ pray in any other manner than according to the Lords Prayer?  
Did the Defendants pray in other manner than according to the Liturgy.  
To the former of these, I know you will answer, that though the Disciples did not use the form of words, yet their Prayers did accord with, or ●ere according to the Lords Prayer.  
The same answer will necessary serve to the latter, referring to the Liturge, still supposing your evidence offers no Accusation against the Defendants ●rayers dissonant from the liturgy, more than want of Form. Take this ●rther consideration, that the Liturgy comprehends both the Epistles and ●ospels, and all other portions of Scripture appointed to be red, and then 〈◇〉 us thus reason, whatsoever accords with the Scriptures,( part of the Liturgy) accords with the Liturgy, and is not in other manner than according 〈◇〉 it. Upon the 18 of July, for the second Lesson, is to be red 1 Tim. 2. I ●ll therefore that men pray every where, lifting up holy hands, without wrath and ●●bting. And upon the 30 of June is to be red Eph. 6. Praying always with I supplications in the Spirit; so that all manner of Prayer, at what time or place ●ever,( if in the Spirit) is you see allowed by, and is not in any other man●er than according to the Liturgy.  
We therefore again conclude that your Evidence gives no indication that and Defendants Exercise of Religion, was in other manner than according the Liturgy of the Church.  
It now remains we consider the last words,( and practise of the Church of England.) Sir, I observe you gave the Informers a reasonable caution,( say 〈◇〉) if you state the Defendants did Worship in other manner than accor●●●g to the Liturgy and practise of the Church, it is requisite to understand ●●t the Liturgy is, what the Church is, and what its Practise is; it falls to 〈◇〉 share to resolve you. Of the Liturgy we have already discoursed, it re●ons we inquire of the Practise of the Church, and its impossible to know 〈◇〉 Practise till we resolve this Question.  
Quest. What is the Church of England intended in this Statute?  
Solut. Sir, I need not tell you the Greek word for Church, its taken for any convention of men, as well Profane as Ecclesiastical, so the Profane Assembly in the 19 of Acts 32. is translated from {αβγδ} Church, or Ecclesia.  
But Sir, it is safe for you and me to give such interpretations of words, as our own Laws and Ecclesiastical constitutions favour, of which I find but two notions of this word Church, ( viz.) one in the Book of Cannons, and the other in the book of Articles, one of these I take to be intended in this Act, and we shall examine which;  
That of the Cannon is in these words,[ Whosoever shall affirm that the sacred Synod of this Nation, in the Name of Christ, and by the Kings Authority Assembled, is not the true Church of England by Representation, let him be Excommunicated.  
Sir, after what manner the Synod worshipped God, or whether at all( in that Assembly) is wholly foreign to your knowledge and mine, neither do I find that your Informers accuse the Defendants for worshipping God in other manner than according to the practise of the Synod, wherefore this sense of the word Church I know you will Explode.  
2. The other notion is in the book of the 39 Articles, where I find Article the 19, Church thus defined, [ The Visible Church of Christ, is a Congregation of faithful men, in the which the pure word of God is preached, and the Sacraments duly administered according to Christs Ordinance, in all things that of necessity are requisite to the same.] Sir, this Definition seems to carry in it a moral and perpetual Reason, such as no time or circumstance can deface, and by a Synecdoche, or part for the whole, seem to tell you, that every such congregation in England, is the Church of England, this was so in Queen Maries days, when the Protestants were outed the public Oratories, and denied the use of their Liturgies, as in Queen Elizabeths days when restored to both. Now( seeing Liturgies are confessed not essentially necessary to a true Church) it would be inquired, whether the Defendants professing the Faith, Doctrine and Worship of the Church of England as now established, and denying their Worship to be in other manner than according to the practise of the Church, and this in presence of the Informers, who offer not the least evidence to the contrary, you( being also upon your Oath) have not reason or charity to judge that these people are such a Church as is before defined.  
Now I am compelled to give my Opinion in the Affirmative, Thus far we have discussed the Notion of a Church in the Law sense; it remains that we now consider it in the Notion and Opinion of some private Men, and we will suppose that by the Church of England is intended [ The Parochial Assemblies of Christians using the Liturgy and forms according to the rubric,] and hence it may be inserted, that the Defendants exercising Religion without the forms of the Liturgy, have done in other manner than according to the practise of the Church.  
Sir, I observed in your Letter you put a proper Question to the Informers, viz. Whither they were present from the beginning to the end of the Exercise, whereunto they answered Negatively, and the Defendants not confessing such Omission: Now taking the former allowed Axiom, Non esse, et non apparere idem est; I must conclude.  
It is not safe for you to Record this an Offence within this Statute upon this Evidence.  
But Sir, if your Evidence had been full,( as possibly it may occur, in cases that come before you in this kind) and that it should be Sworn, that from first to last, the Common-Prayer was omitted; and let it be supposed, that the Prayers and Sermons are the same for matter with the Services done in our Churches; and you should then Ask me, whether such an Exercise be within this Act, as done in other manner than according to the Practise of the Church.  
To which( besides what I have already offered) let me further add,  
Do the Parochial Ministers Pray before and after Sermon without the Liturgy,  
So do the Persons we speak of in the same manner.  
Are our Ministers Episcopally Ordained,  
So are many of the Dissenters.  
Doth the practise of their Churches allow of unordained men to Preach as Candidates, for Approbation?  
The practise of our Church will warrant unordained men( designing the Office) to Preach, &c. of which the Ancient Church-Histories hath given Instances, as Paul and Barnabas two whole years before Ordination; Origen for some time, and was therein justified by Eminent Fathers of the Church, viz. Alexander Bishop of Jerusalem, and Theoclistus Bishop of caesarea. The like may be affirmed of Evelpis at Laranda, Paulinus at Iconium, Theodorus at Cynada. 
Eu●● 6. ca●●   
In our case the only question seems to be, whither two Assemblies, Worshipping in the same manner, with this only difference, that one performs more than an other, makes a real difference for manner; The degrees of more or less are not ordinarily esteemed to difference mens actions; one Minister Preacheth an hour, an other half an hour; one reads a Homily, and other Preacheth his own Sermon, and we never accuse them of defect in manner of their Exercise as differing from each other.  
Thus Sir, I have given you my sense of what you demanded, wherein I have exercised my faculty, not only in my particular Calling, relating to the Law, but in my general Calling, as a Christian, though I know there wants not persons of your quality that have judged otherways, and given Presidents thereof: But I also know that upon Appeals at the Sessions, in a neighbour County, the Appellants have been discharged upon some of the Reasons here alleged; I suspect the Penalty of your 100 l. may stick in your thoughts, though I think your danger little, yet I have so great respect for you and your Family, to wish you so good optics, as to foresee future, as well as present dangers. I presume you have red the famons instances of two Persons of your quality, Empson and Dudley in Henry the sevenths days, they by colour of Penal Laws,( as this is) invaded the Property of the People in that Kings Reign, and in the next Henry the Eight, were beheaded at Tower-Hill, and the Informers were corrected by Stocks and Pillories throughout the Kingdom, as Examples to future Ages. For your own part Sir, Reckon yourself to see well, when you borrow your Countries Eyes, and direct your judgement by the Verdict of Juries, upon the Evidence of honest and credible Witnesses, of both which, just care ought to be had, first of Juries, that they be Empannel'd by the Impartial Sworn Officer the Law appoints; and secondly as to Witnesses, that they be of undoubted Credit, for seeing the third part of the Fines comes to their Pockets, unreasonable it is to admit of any but Persons of known Integrity for Witnesses.  
Sir, Thus doing, you will secure both your own Reputation for 
 Justice and Integrity, and also the Peace of all his Majesties Loyal 
 Subjects; which will be according to the desire of 
 Your Humble Servant.  
FINIS.