THE Ignoramus justices: Being an ANSWER to the ORDER of SESSIONS at Hicks's-Hall, Bearing Date the 13th of January, 1681. Wherein it plainly appears, the said ORDER is against Law.  
ALSO A short Account of all the ACTS that relate to Protestant Dissenters At this day in force against them, which will appear only two, viz. The Act made in the 22 year of this King, entitled, An Act against Conventicles. The other, called, The Oxford Act, or Five mile Act, made in the 17 of this King.  
AND ALSO An Account of such Acts as are in force against Popish Recusants, which are now so industriously endeavoured by those Justices as well as others, to be turned against the Protestant Dissenters; And wherein it will plainly appear, there is no ground for such Proceed.  
And hereunto is also added A brief Account of the Penalties and Forfeitures of those Acts, and some Directions to the Officers that may be threatened or persuaded to Act by such Unwarrantable Orders from such Ignoramus Justices.  
By Drawde Kekatihw.  
London, Printed for Ab. Green. 1681.   

THE Ignoramus justices: Being an ANSWER to the ORDER of SESSIONS at Hicks's-Hall, Bearing Date the 13th of January, etc.  
THE Author hath no other Design in publishing these Sheets, than what the worthy Justices of Middlesex pretend by their ORDER, The good Peace and Welfare of the Country.  
And here, because the ORDER comes out in Form of a Proclamation, with the King's Arms in the Front, I shall treat it with all the Modesty and Civil Terms imaginable; yet I must needs reflect in the Latin, as the Form: For the Title, though it be not above three lines, yet one of them is lame Latin; it saith in the second line, (viz.) Post festum Epiphanie fcilicet tertio decimo die Januarii, etc. Now with Mr. Adderly's good leave, that drew up the learned ORDER, it might better have been decimo tertio die Januarii. And that in an ORDER published in this Magisterial Form, Mr. Adderly should take no more care, but stumble at the very Threshold, is very strange, something like his being heretofore mistaken in a Cause of his own against the Earl of Shaftesbury, wherein he as ignorantly confesses in open Court, that he had bought the place of Clerk of the Peace some time ago for a great Sum of Money; which the Court observing, 
Michael Term, Car.  told him, That instead of helping himself by the abusive Action he had brought against the Lord, he had now abused himself, by that confession of buying his Place, for now by Law he could not hold it, having forfeited it, as by the Act made in the 5th and 6th of Edw. VI cap. 16.  
But to let Mr. Adderly alone, and come to the order in Substance, having done with the title, and therefore not to meddle with what has been said before in a late paper, Entitled, An Answer to the Justices of Middlesex Order, as to their insinuating to the people their tender care of his Majesty's Gracious Order, which the Justices made as a preamble to theirs; nor to mention what was there hinted in that paper of the Justices Acting contrary to the Vote of Parliament, and the many other absurdities in their former Order, of which that paper sufficiently as well as justly condemns. But my design is to lay these Gentlemen more open, as their Merits deserve, from the second excellent Order.  
The first Order I suppose was put forth as a Trial of Skill, or more properly an experiment was intended to be made by them, whether or no the Constables and other Officers would willingly be made Informers by Entreaty, Force, or Compulsion at their Arbitrary will and pleasure of these Worthy Justices, under a pretence of Law, and it may be 'twas to try how fit the Officers backs were for a Packsadle, or their Feet for wooden Shoes, against the time that some men fear should be tried upon English Bodies; if the Justices had this reach with them, it was most excellent and rare, though it did not absolutely satisfy their full desires, as indeed by this Order now they seem to own in part (that is) that full Obedience was not paid to the former Order of the 22 of December last by some, which appears by their own showing in this second Order (viz.) To which Order obedience was given by many of the said Officers, but others appearing in Court did contemn their Authority, for which contempt several fines were by the Court set upon them, etc. So thus it appears by their own showing a kind of party perpale some did obey, and some did not; some did pin their Faith upon the Justices' Sleeves, where no Law commanded them so to do, as the Bygott Church men do upon the Popes and Priest Sleeves, but others did not, therefore they were fined for their Obstinacy, and for not learning more Manners and Obedience to the Justice's Order, I had almost said Bulls. Well then since it is so, that some did obey and some did not, in charity to those that did not I must take leave to consider the Point; for these Nonconforming Officers for their Comfort I may assure them, that neither the Justices at the Sessions when that Order of December was made, nor the Justices at the quarter Sessions when this Order of the Thirteenth of January, was made, had any power by the Conventicle Act of the 22 of this King, to meddle or make therewith as a Court, either by such Orders as these, or any other ways as a Court at the Sessions, and that appears thus in the 22d. of this King. (viz.)  
It shall and may be Lawful to and for any one or more Justices of the Peace of the County, etc. Wherein the Offence aforesaid shall be committed. And he and they are hereby required, etc. Upon Proof to him or them respectively made of such Offence, either by Confession of the party, or Oath of two Witnesses, etc. 
22 sect  To make a Record of every such Offence under his or their hands and Selas respectively, which Record so made, etc. Shall to all intents and purposes be in Law taken and adjudged to be a full and perfect Conviction of every such Offender, etc.  
Now what agreement the Reader can find in this Clause with this Order, is worthy the Consideration, for this Clause saith expressly, One or more Justices of the Peace shall act upon the Oath of two Witnesses, and so make a Record and thereupon Act. And the Order saith, That for not executing their Order grounded upon the Act, as the Justices would have the World believe, they have fined those Officers for not obeying the same; though there is not one word in the Order, that makes mention of a Conviction of any particular person upon Oath, or a Record made before them of the Offenders, which ought to have been done before any Constable or other Officer can or aught to obey them upon this Clause.  
In the next place, it appears not in this Clause, nor no other in the whole Act, that the Order is rightly grounded; for the general or quarter Sessions have no power in the least to make any Orders upon the Act, nor indeed to act upon this Law, unless by way of Appeal of the Defendant, and at his instance against the Justice's actings upon the Convicting of any one by the Witnesses, this appears most plain in the sixth Section, viz. Provided, etc.  
That in all Cases of this Act, where the Penalty or Sum charged upon any Offender exceeding the Sum of ten shillings, and such Offender shall find himself aggrieved, it shall and maybe lawful, 
See se …  etc. To appeal in Writing, etc. To the judgement of the Justices of the Peace in the next quarter Sessions, etc.  
Now here is all that is mentioned in the Act that Relates to the Sessions, and whether this will any way support the Order or is directly opposite to the Order, let the Reader be judge; and certainly if those Justices, as they pretend, have fined any person for not obeying their former Order by which the Officers were commanded to turn Informers, and to give in their Information at the next Sessions, I doubt not but these Persons so fined or Imprisoned, will Traverse those Fines, and take a legal Course with those Justices that Committed them, because they would not Act upon such unlawful Warrants and Orders which have no Coherence with the Act. And this I must observe by the way, that all Penal Statutes, especially such an one as this which convicts a man without Juries, must be exactly observed to the very Letter, and not to the extravagant sense of Petty Justices, which will pull business into their Courts of Sessions that they have not the least warrant or colour for and against the express Law they pretend to Act by.  
In the next place the Order goes on, viz. And whereas this Court hath thought fit to make another Order to the same end and purpose, and hath given the said Officers time to make their return upon it the first day of the next quarter Sessions, etc. Which mild way of proceed this Court hopes will prevail upon the mimdes of all Sober Persons, both Preachers and Hearers, in Conventicles to avoid all occasions which may induce this Court to inflict such Penalties upon them as by Law are appointed to such Offenders, etc. Now be pleased to mark the Coherence of this wise Order, not only in that there is no semblance with the Act, but how it is jumbled together, as if the Constables and Officers, etc. were not the persons spoke to for to do the Justice's Work, but as if their Order should hit the Conventicles through those under Officers, or as if by threatening the sending of Thunderbolts amongst the Constables, etc. Under the name of a Court, should hit every man else whom they imagine are Conventiclers, let us consider a little this wise Order in this part: for as it saith, Since they did not do their Duty before, but was obstinate some of them, now they shall have longer time, and why longer time, because the Conventiclers being supposed Sober men may thereby take warning by the Court: Now I would know of those Justices, if in the whole Act any mention is made of a Court to have any such power, in the next place what have the Conventiclers, if Sober men, to do between the Constables, etc. And the Justices certainly, if the Conventiclers be sober or not sober, they have not concern in the Justices and the Constable's quarrels, at least till by name they are convicted, but how can this stand with reason that the Justices pretend, viz. Thai Seditious Conventiclers are disturbers of the Pear, as by the Order and the Act seems to confirm; and yet at the same time the Order calls such Sober men, certainly it was the first time that ever any Court called Disturbers of the Peace sober Men; but if it shall be admitted by the Justices, that all Conventiclers are sober Men, now will that agree with the same Order, in the next Part, that calls Breakers of the Peace, and a danger even to the Monarchy itself, and keep up the Divisions that are amongst us, certainly not sober Man can do such things, yet all such Men as do meet in a Seditious, Riotous manner, under colour of Religion, with Force and Arms, do break the Peace, and therefore cannot be called sober Men.  
But I suppose the Justices have this reach with them, that since they have made the first learned Order, and no notice taken of it, they are resolved by this Order to show themselves moderate Men, such as would do something to continue their places, though it be but to make a noise in the County. Therefore I shall say no more to them as to this part of the Order only; but that if sober Men do meet to worship and serve God by singing of Psalms, Praying and Preaching, not under a pretence of serving of God, but in reality, then both as a Court, or as single Justices, nor yet their Officers, whom they so hotly pursue, can meddle or touch such by this Act, or any other Law. And if they have any Information of any other Meetings, they will do well to extend their power for the suppressing them so far, as the Act of the 22 of this King, or the Common Law allows them: And if they venture farther, let them look to it, there is the same Law against them, as against other Men.  
There is another passage cannot be omitted to be taken notice of in that Order, which is, viz. Which in all probability will destroy both Church and State. This is the Opinion of this Court, and of the Justices with whom His Majesty hath been pleased to intrust the Peace of this County, which makes them not sit still and suffer a few obstinate Persons, rather by noise, than Number, to disturb the peace of it.  
Well done, careful Justices of Middlesex, what a Comfort must it needs be to His Majesty, that He hath been blessed with such good Justices, careful, diligent, foreseeing men; But now I would fain know, if these good Justices of Middlesex are only entrusted with the Peace of the County, or if the High Sheriff of Middlesex and the Lieutenants, Deputy Lieutenants, High Constables, Petty Constables, etc. Are not as well trusted with the care of keeping the Peace as well as the Justices, though indeed they are not Justices upon the Bench, yet sure as great a Trust, if not greater, is reposed in these Officers as well as these worthy Justices, and therefore in Civility sure it had not been amiss if these Justices had given a little Honour to others as well as all to themselves; but let them a loan at present, and let us come to the matter more fully, than to dispute their Stewardship.  
They tell us Conventicles in all probability will destroy both Church and State, from whence we may perceive that they are not only entrusted with the Peace of the Kingdom but more than probable are endowed from above with the Spirit of Prognostication too, or at least a very great foresight far beyond our late Parliaments; for they could not see one half so far, though I dare not mention that too much, for fear of the snarling Popish Curs (the word Parliament or House of Commons) being but once named, unless to Ridicule it is enough in our days to be Termed a Whig or a Fanatic at least; But may not this question be put without offence to any, that is, Why how come this jealousy now all of a sudden, or Alamode de France, more now than it hath been these 19 or 20 years' last passed, can the Justice's instance in one Riot or Disturbance of the Government, either in Church or State, all this while they have been Tolerated both before and since the Declaration for Indulgence, by the Conventiclers; and pray how comes it, The Justices at the Court of Hicks's-Hall did not foresee it sooner, but it may be the late Blazing Star hath now enlightened their eyes which before were darkened; however if it be so, the Conventiclers have cause enough for ought I see, to be very angry at the Blazing-Star for enlightening their eyes now against them, when a Parliament is so far off from helping them; however the Justices are very modest, for they only give it as their opinion, but this their opinion they tell us makes them not sit still, indeed if they should sit still, it might be a thing of dangerous Consequence, even no less than the hazard of the Church and the whole Kingdom, if their Prognostications be true: but I do not wonder if they cannot sit still themselves when all is in danger, for by and in another part of the Order, you will find they cannot so much as let the Bishop sit still neither, as we shall see hereafter. But let us proceed further as to this part of the Order, and you will find that all the great cause of these Justice's fear arises but from a very small thing, next to nothing, for they tell you, They cannot sit still because of a few obstinate Persons rather by noise, than number, do disturb the Peace. Now if it betrue that it be but a few, it may be answered then, what need all this noise of the Justices, sure a few of these Conventiclers may easily be dealt with without all this ado, as if the King and Kingdom were at Stake; And if it be true, that they make more a noise than number, methinks the Justices should by the course at the Common Law, silence their noises, and not be beholding to the Act, that gives the Court of Sessions no power at all to act by; and how is it possible that such a few making a noise, can disturb the Peace of the whole Kingdom, and bring ruin upon it, as the Order affirms.  
But to make a full mends for all their Jealousies and Fears, in the next place they tell us, viz. They do esteem in a Duty incumbent upon them, to use all lawful Experiments which may beget Union amongst His Majesty's Subjects, etc.  
Now here they have hit the Point, Uniting of Subjects; that is, prosecute the Constables and Under-Officers, because they will not turn Informers contrary to Law, and Present and Convict the sober Protestant Dissenters that go to Meetings in a peaceable manner; this is the Justice's way, or rather the Courts Order, to have Union among His Majesty's Subjects; but I suppose the Order means Popish Subjects, for no Man of Sense can say this is to unite the Protestant Subjects.  
Well, but what follows in the next place, that the Justices at the Court may be both amiable and admirable, and a Pattern and good Example to all Justices of other Counties, as well as their own, as they were in the late Addresses and Presentment, they have gone a great deal further than the common sort of Loyal Subjects, for being jealous, I suppose, of their own power, by the Law of the Land, you will find in the next place, to show their great Zeal for the Uniting of His Majesty's Subjects, they have not stuck to set the Bishop's Courts to work, to Excommunicate these few noise Heretics, for in the next Part of the Order, it follows, viz.  
It is therefore by this Court desired, That the Lord Bishop of London will please by such methods, etc. to direct, etc. as in wisdom he shall, etc. within his Jurisdiction, to use his utmost endeavours that all such Persons may be Excommunicated, who shall commit Crimes deserving Ecclesiastical Censure, etc.  
So that by this it seems, the very Justices themselves then believed they had not Law enough to punish those Conventiclers, or else by the Order it shows them most cruel and inhuman. What, must the Conventiclers be punished both ways at once, both Common Law and Canon Law? Lose their Estates by the Act, and their Souls by the Spiritual Court too? This is sure more inhuman, than France to their Dissenters that are fled over here; they do but take away their Estates and Children, but not their Souls that they escape over here with. Well, since it is so, that the English Dissenters must be thus dealt with, it is time to look about them, and consider the Bishop's power as well as the Justices.  
But before we say any thing of that, we must consider the Order a little more as to this Head, and that is, how the Clergy came to be stirred up by the Laymen, to prosecute the People about their Soul's health. It is true, we often find in the Popish time, that the Clergy and great Bishops have often incited and stirred up the Magistrates and Laymen to burn the Heretics, and keep them in Prison up the Writs, De Heretico Comburendo, and De Excommunicato Capienda, and to supplicate the Courts for these Writs and Process against the Excommunicated; but never was it heard before, that the common Lawyers or Justices sued to the Bishops, for their Fellow-Subjects and Brethren to be sent to Hell: If this be Law, and to keep the Peace of Middlesex, then pray let us complain no more of the French King using his Protestants hardly; for sure to any unbyass'd Man, this looks ten times worse than the French Persecution, being little less than to incite the Bishops to disturb the Public Peace, and to use an Arbitrary Power, like their own designs. But now, after this malicious incitation of this Order, to show the reason of their instructing or inciting the Bishop, to send the Souls of Heretics to Hell, they make this further improvement of it, in case they can get the thing done; and they have this great design in it, that all such as are so Excommunicated, do not only lose their Souls, being given up to Satan, but also they lose all their earthly Freedom and Enjoyments, as Englishmen, as the Justices by this learned Order conceive, and therefore as a further mischief or kindness to the Public, by way of Caution, they lay down the Evils that attend this dreadful thing of Excommunication, which is, viz. And to the end that all His Majesty's Subjects may know what Inconveniences do attend that Punishment, this Court thinks fit to publish, That not Excommunicated Person may be a Witness, or Returned upon Juries, or to Sue for any Debts, etc.  
Really if this be so, what a miserable condition shall His Majesty's Subjects be in that go to Conventicles, if they must both lose their Estates, and then their Souls, and be neither Jurymen, Witnesses, nor sue for Debts, What shall they do then, if this be true? But, as good Luck is, the Justices have as little Law here to back them in these Assertions, as they have Law for their Orders; For, with their good leave, there is no Law to bar any Man that is Excommunicated from suing for his Debt: Nor is there any Law that disables a Man from being a Juryman that is Excommunicated, unless he be taken upon the Writ, and then indeed he cannot be a Juryman, until he be at Liberty: No more can a Prisoner, which is a Prisoner for Debt, be a Juryman, until he have his Liberty to come out; and with, or without the leave of the Justices, a Person Excommunicated may be as well a Witness as any other Person; nay, a Person Outlawed may be a Witness: So that it appears this Order was made without Book, as well as without Law.  
There is another Passage in the Order which I cannot pass over, and that is more Gall yet; but before I take notice of that, I must take leave to tell these worthy Justices of the Court that made this learned Order, that they have implored help of those that are as Lame and Insufficient in Spiritual Jurisdiction as to Excommunication, as they the Justices are in their Temporal Punishments; for that in truth, the Bishops in their Spirtual Courts, or Courts Christian, have no power by Law to Excommunicate any person, let the Crime be what it will, unless by the King's Authority, and with His Commission under the Broad Seal. 
●ee Stat. 〈◊〉 Eliz. ●ee the ●ook cal●●d, the Bi●●ops ●ourts dissolved.  This will appear most plainly, by the several Acts of Parliament that relate to Spiritual Jurisdiction, a short Account thereof, with the Arguments, were published some time since, in a Book, Entitled, The Bishop's Court dissolved, Printed in 1680. And see Mr. Hickeringill's Books, one of their own Tribe: But not to build upon those Books, look into the several Statutes since the 21 of Henry VIII. and you will find their whole coercive Power taken from them. And if you compare the Statutes of Hen. 8. 1 Eliz. Edw. 6. and so all along, to 16 Car. 1. and the 13 of this King; you will find not only their whole Power taken from them, as to their administering of Oaths, but that all they have done and acted since the last Act of Indemnity, is against Law, and the Bishops and Judges of Spiritual Courts throughout England, are all guilty of a Praemunire, if the King of England shall question them for it; and they are at this day liable to be Indicted or Sued by Action, at the Suit of the Party grieved for Damages, by all such as they have at any time Excommunicated in their Courts, since the last Act of Grace: But to leave the further discourse of this matter till another opportunity.  
And since the Justices have desired my Lord Bishop of London to Excommunicate at his Pleasure, or as his Wisdom shall think fit, it may not be amiss for the Bishop to take notice of their unkind treating of him in their very next desire; for, as if they disinherited his understanding in the ways and methods of Excommunication, they go on and lay down Rules for him to observe, that is, viz. That the Lord Bishop will direct, that such Excommunications may be published in the Parish-Churches where the Excommunicated live.  
Now what is this, but to tell the Bishop, they doubt he doth not understand his Trade so well as they, which sure is a very great piece of Incivility to their Ghostly Fathers; for the good Father well knows, that no man can be fully Excommunicated, but it must be read in the Parish-Church where the Excommunicated live. But I doubt not but the Bishop will be pleased to forgive this their Sin of Ignorance in the Ecclesiastical Laws, when they appear so ignorant in their own Trade of the Common or Statute Laws, as to make such Orders as these. But lest we draw the anger of the next Sessions upon us, we will mind but one thing more in their Order, so resembling the King's Proclamation, and that is so excellent a thing, that it far surmounts all the rest; for in the next place they tell you, viz.  
And for the further promoting of the Union of all His Majesty's Protestant Subjects, (Ay, there it is) it is Ordered by this Court, That the Justices of the Peace in their several Divisions, take care that the Statutes 1 Eliz. and 3 Jacobi, be put in due Execution, for levying One shilling upon those persons that do not come to their Parish, or some other Church or Chapel, etc. which is to be applied for the Relief of the Poor, etc. It is hoped by this Court, that this pious and charitable Work will not be neglected, etc.  
For Answer to this last Part, we must consider both the Care, Charity and  of the Justices here towards the Protestants, for till now you hear not a word of Protestant Subjects; and if they had miss it here, I cannot well tell how this Order could have escaped the sentence of a Popish Order; but this clears the Point. However, for these Justice's Order to advise one another to put the Laws of 1 Eliz. and 3 Jacobi in Execution against Conventiclers, as if those Acts related to the Conventicle Act, is something strange; but I suppose we shall find they did this by guess too, as all the rest of the Order, hoping, it may be, they never read those Acts, or at least it being so long since they have read them, that they have totally forgot them; for if they had remembered the substance of those 2 Acts, they could not have been so mistaken, as to bring them in play to punish Conventicles, those Laws being only made against the Papist, and none else, as will appear by and by. But first it will not be amiss to take notice how the Justices in this Order interweeve one Act with another, and not only so, but endeavour all the Punishments both that the Church and the State can inflict upon the Conventiclers, double and triple Punishments, and all is, because but a few Subjects, as they call them, do differ from the Church of England in some Ceremonies, not in Doctrine at all. But that which I mean is this, the Justices are not satisfied with a single Punishment for one and the same Fact, but that they shall be prosecuted by them first, and then Excommunicated, and then pay 12 d. a week, all at a time. To show their Error, and better inform their Judgements, if they please to consider all Laws made for or concerning any such Church-matters, do provide, That if the Parties offending be once punished by the Civil Magistrate, or once punished by the Church-Censures, the Party so punished by either of them, shall plead to the other Court that he was Sued or Prosecuted before in another Court for the same thing, which Plea shall abate the Action or Libel. To prove this, you will find it Enacted in the very Statute the Order mentions, 1 Eliz. Cap. 2. Sect. 24. And since we are now upon this Act as a farther Confirmation of what has been before touched on, That the Justices, as a Court of Sessions, have no Power to act upon the Conventicle Act, there being in that Act no power given them in that Act aforesaid, so to do as in other Acts there is, to confirm it further in this Act of 1 Eliz. there is a Clause on purpose: That the Justices of Oyer and Terminer, and Gaol-Delivery, and Sessions of the Peace, shall have power in their Sessions to hear and determine all Offences committed against that Act. And if those Justices of Middlesex can find such a Clause in the Conventicle-Act, then undoubtedly they are right, and their Orders of Sessions, and General Warrants of Sessions good; but unless they can produce such a power in that Act, I am sure their Orders and Warrants are Illegal and Arbitrary: But as to the Union mentioned hereof, the Protestants, and the Charity they intent to the Poor, by gathering the Forfeitures of the Act to be given to the Poor; Was it ever known before, that Force and Prosecution of Penal Laws against one another, was a way to Union? Doth not Natural Reason tell us, That Englishmen are to be dealt with by Lenity, Persuasion, and strong Arguments? Force did never yet work upon Englishmen, but Flattery hath: And doth these Justices think, That because they are entrusted with the Peace of Middlesex, they are entrusted with the Souls, Minds and Consciences of Men? Now if they have that Trust too, than I confess all is well, and an Union will be had by their forcing without doubt, otherwise not. But I have this reason to believe, that an Union cannot be had this way, by prosecuting Men, because I well know, that if their Commissions were as large again as they are, yet they cannot force Love and Union; nor they cannot make a Man believe by Force, though they may make a Man for Fear say he believes. And as to their Charity and Goodworks, as they call it, of prosecuting the Conventiclers for not coming to Church, it cannot sink into any reasonable Man's brains, that the Poor will be much the better for that Charity which comes by Blood; that is, the forcing of men's Consciences, methinks it looks like strange Charity.  
But as to the two Acts mentioned, that of 1 Eliz. and 3 Jacobi, and all other Acts that are made against Popish Recusants, which are now by these Justices, and divers others, designed to serve a turn against Dissenting Protestants from the Church of England, in defiance of the thing called Parliaments; for they have declared the Laws , and all others made against Popish Recusants, ought not to be put in Execution against the Protestant Dissenters; and to be farther assured of that, see the Vote, viz. Sabbati sexto die Novembris 1680. Resolved, Nemine Contradicente, That it is the Opinion of this House, That the Acts of Parliament made in the Reigns of Queen Elizabeth and King James against Popish Recusants, ought not to be extended against Protestant Dissenters.  
But we must have a care too, that the naming of Parliament Votes, especially the House of Commons, do not make worse for the Protestant Cause; for in Truth, the House of Commons have been so run down, that for any one now to but speak of them, or their good Votes and Intentions, is to be stigmatised for a downright Disloyal Person. Well then, since those Laws are threatened to be turned against Protestant Dissenters from the Church of England, which Church was made by an Act of Parliament, called the Act of Uniformity in the 13th, and 14th of this King, it may not be amiss to understand them what they are, and how many they are, 
See Saint … 13 and Car. 2.  and the occasion of making them against the Papist, that so the Protestants may make the better Defence against them, if those Justices, or any other, shall make use of them as this Order seems to drive at We will begin with the first, which is that mentioned in the Order, viz. 1 Eliz. cap. 2. etc. This Act was made immediately after the Queen's coming to the Crown, when she found nothing but Papists and Protestants in general; for the word Puritan in those days was not known, the light was not then so clear, but she being a good Protestant, and resolved to support that Religion with her wise Council, cast about how to do it, that the indifferent and moderate sort of Papists might not be disgusted and frighted from a closing with the Protestant Religion, and therefore on mature deliberation, it was concluded to go on gently as to the Reformation, and not throw off all the Superstitious Ceremonies at once, and therefore having a Pattern of Protestant Discipline made in King Edward's time, she follows those Steps as near as may be in the beginning, grafting upon King Ed. 6 Stock, or rather Foundation, which he by his wise and honest Council laid, and therefore the first Act she passed, was to take off the Jurisdiction of the See of Rome, and all coercive Power whatsoever from Ecclesiastical Persons, and all was annexed to the Imperial Crown of England, so the Act 1 Eliz. cap. 1. The Title of that Act is, viz. An Act to restore to the Crown the Ancient Jurisdiction over the Estate Ecclesiastical and Spiritual, and abolishing all Foreign Powers Repugnant to the same. And in this Act power is given to the Queen to grant Commissions under the Broad Seal of England, to such Bishops and Laymen as she should appoint to hold Ecclesiastical Courts, and none might do it without upon pain of a Praemunire, see more of this Sect 15, 16, 17, 18. and by this Act was repealed, all Laws made in the time of Queen Mary, for settling the Pope's Authority in England.  
The next Act was that mentioned in the Order which is called, viz. An Act of Uniformity and Common Prayer and Service in the Church and Administration of the Sacraments. Now this Common Prayer Book was composed and taken out of the Mass used before Ed. 6. Time, and the way that was then taken to bring the Papists over to conform to it, was to tell them, as in truth it was, but the Mass turned into English for their better understanding, and till the People were a little used to the Protestant Religion, it was not thought rational to leave off all the Ceremonies at once, but by degrees, see the wise Courses of those times. Now to prove that this Act was only intended against Papists, is most plain, because the whole Act runs for the beating down of Popish Fopperies and Superstitions of the Church of Rome; and then again, it is impossible it could be intended against any sort of Protestants, for at that time a day there was but two sorts of People in England, viz. Protestant's and Papists, now for the penalty of this Act, it is very various, but as to the coming to Church it is 12 d. a Week, and this to be levied by the Churchwardens and Overseers of the Poor, but I confess Churchwardens etc. must have a Warrant before they can distrein, and that the Sessions have power to do upon Conviction, see sect 14, and 15. But other offences Committed against the Act, must be tried by Peers, see Sect 21. So that upon the whole matter, if the Justices shall Execute this Act upon the Protestant Dissenters from the now Established Church of England, yet the labour is more than the profit, and therefore can do no great hurt.  
The next Law in Force against Popish Recusants, is the 23 Eliz. cap. 1. Entitled, An Act to retain the Queen's Majesty's Subjects, in their due obedience; which gins thus, viz. Where since the Statutes made in the 13 year of the Reign of the Queen our Sovereign Lady, Entitled, An Act against the bringing in, and putting in Execution of Bulls, Writings and Instruments, and other superstitious things from the See of Rome, etc. And in the 5th Section of the said Act, it goes on, after divers Commands, against Popish Recusants too, viz. Be it also Enacted by the Authority aforesaid, that every one above the Age of Sixteen Years, which shall not repair to some Church, Chapel, or usual place of Common-Prayer, but forbear the same, contrary to the tenor of a Statute made in the First year of Her Majesty's Reign, etc. And being thereof lawfully Convicted, shall forfeit, etc. for every month, etc. which he or she shall forbore, Twenty Pounds, etc.  
And besides the said Forfeitures, Every person so forbearing by the space of Twelve months, as aforesaid, shall for his or her obstinacy, after Certificate thereof, in Writing, made unto the Commissioners, commonly called the Kings-Bench, by the Ordinary of the Diocese, Justices of Assize, Gaol-delivery, or Justices of Peace of the County where the Offender shall dwell, be bound with two sufficient Sureties in the Sum of 200 l. at least, to the good Behaviour, etc. So that the whole drift and design of these two Acts, appears most clear to be against Papists, and Popish Superstitions, for every Clause of the Act plainly speaks the same, and to put this Act in Execution against the Protestants would be most absurd. Sect. 9 The Justices at the Quarter-Sessions shall have power to inquire into the Offences against this Act, except Treason. And in case a person were Indicted upon this Act, yet if he would conform in open Court, etc. that should discharge him of all but Treason mentioned in the Act, so that the conforming were before Judgement given, Sect. 10.  
The next Statute is of 29 Eliz. cap. 6. Entitled, 
29 Eliz. cap. 6.  An Act for the more speedy and due Execution of certain Branches of the Statute made in the 23 year of the Queen's Majesty's Reign, Entitled, An Act to retain the Queen's Majesty's Subjects in their due Obedience. This Statute is a further Explanation of the two former, and only makes the Penalties greater for Popish Recusants Convicted in not frequenting Divine Service once a month. And whereas the former Statute of the 23, was to be only 20 l. a month, and bound to the good Behaviour after Conviction, this gives power to the Queen and her Heirs, to take 20 l. per month for every month after such Conviction, till they shall Conform; and if default be made of payment of the 20 l. per mensem, than the Queen may seize all their Goods, and two parts of the Real and Personal Estate. See the Act, Sect. 4.  
And in the next Paragraph of this Statute, Power is given, That after the Indictment found by the Grand Jury, that Proclamation shall be made at the Assizes, Sessions, or Gaol-delivery, for the Person to appear; and if he do not appear the next Assizes, Sessions, etc. he shall stand absolutely Convicted. See Sect. 5. more at large.  
The next Statute against Popish Recusants, is 1 Jac. cap. 4. 
1 Jacob cap. 4.  which confirms all the former Statutes made against Popish Recusants in the Queen's time, with some small additions touching their being discharged, though Convicted, upon their Conformity to hear Divine Service, as by those former Acts of Hers directs; and that it plainly appears to mean and intent none but Jesuits, and Popish Priests, and other Popish Recusants, appears manifestly, not only in the Title, but in the first Section of the Act itself, and so throughout; the Title is, viz. An Account for the due Execution of the Statutes against Jesuits, Seminary Priests, Recusants, and gins tus, viz.  
For the better and more due Execution of the Statutes heretofore made as well against Jesuits, Seminary Priests, as also against all manner of Recusants, Be it Ordained and Enacted by this present Parliament, That all and every the Statutes heretofore made in the Reign of the late Queen of famous Memory Elizabeth, as well against Jesuits, Seminary Priests, and other Priests, Deacons, Religious and Ecclesiastical persons whatsoever made, ordained, or professed, or to be made, ordained or professed by any Authority or Jurisdiction derived, challenged or pretended from the See of Rome, etc. together with all those made in the said Queen's time against any manner of Recusants, shall be put in due and exact Execution, etc. So that by this Act, and all the Clauses in it, can mean nor intent nothing but what the former did, which was against Popish Recusants.  
The next Act against Popish Recusants, is 3 Jacob. cap. 4. viz. Entitled, An Act for the better discovering and repressing Popish Recusants, it gins thus: Forasmuch as it is found by daily Experience, that many of His Majesty's Subjects that adhere in their hearts to the Popish Religion, by the Infection drawn from thence, and by the wicked and devilish Counsels of Jesuits, Seminary Priests, and other like persons, dangerous to the Government of the Church and State, etc. as evidently appears by that more than barbarous and horrible attempt to have Blown up, with Gunpowder, the King, Queen, Prince, Lords and Commons, in the Houses of Parliament assembled, etc.  
This shows plainly the Act was designed against the Papists only, not only by the Title, and the words of the Act rehearsed, but that the reason of making this, as you will see, was, because of the Powder-Plot; and the purport of this Act all along, is only to reinforce all the rest of the Acts against Popish Recusants, in not coming to Church, and to discover them by the Test, and receiving the Sacrament once a year, as an additional Trial of the reality of the Papists Conforming: For that it appears in the next Section of the Act, That some of them did come to Church, and heard Divine Service, to save the Penalties in the former Acts, and yet continued Papists in their hearts: Therefore by this Act they were all to take the Sacrament once a year. See Sect. 3. which Enacts, viz. And if any Recusant of conformed, shall refuse to take the said Sacrament of the Lords Supper accordingly, he or she shall for such not refusing, lose and forfeit for the first year 20 l. and for the second year, for such not receiving 40 l. and for every year after, for such not receiving, 60 l. until he or she shall have received the said Sacrament, etc.  
And by the fourth Section of this Act, the Churchwardens and Constables, are to Present the Monthly Absence from Church of all, and all manner of Popish Recusants, within their Town, etc.  
Which by the way, it is to be observed from this Act, that no man can be Prosecuted or Presented upon this Act, or any other, it intends, which are all the former rehearsed, unless they be Popish Recusants, for so are the express words of the Act; and, without doubt, should any busy Officer whatsoever Present or Prosecute any Person other than a Popish Recusant, the Person so Presented may join Issue that he is no such Person as these Acts intent, being not a Papist: Now these Acts also give the Justices, at their Sessions, Power to inquire into the Offences committed against the Acts; but in the Justice's Order they have quite forgot the Popish Recusants, where they have a Power to do and meddle with that wherein they have no Power, and therefore aught to make that good Confession in the Book of Common-Prayer, viz. We have left undone those things which we ought to have done, and have done those things which we ought not to have done; and there is no truth in us. These are all the Acts that are now in Force against Popish Recusants, for not coming to Parish Churches, and taking the Sacrament as the Act directs; and because it may as well appear what is or hath been made against the Puritan Sectaries and Conventicle, I shall here briefly set them down in order, and to begin with the first, and that is the Statute of 33 Eliz. cap. 1. Entitled, An Act to retain the Queen's Majesty's Subjects in their due Obedience. 
35 Eliz. cap. 1.   
And the Reader will find that this is the first Law that ever was made against Sectaries and Seditious Conventicles, and this Act is indeed, beyond all dispute, only made against them, and the Popish Recusants are excepted out of it, as will appear by the Act; And because the Reader may the better judge the true difference between this Act and those made against Popish Recusants, as to the very express Terms: I have hereinserted, verbatim, the first Paragraph of the Act. The Act gins thus, viz.  
For the preventing and avoiding of such great inconveniences and perils as might happen and grow by the wicked and dangerous practices of Seditious Sectaries and Disloyal Persons. Be it Enacted by the Queen's most Excellent Majesty, and by the Lords Spiritual and Temporal, and the Commons, in this, present Parliament Assembled; and by the Authority of the same, That if any Person or Persons, above the Age of sixteen years, which shall obstinately refuse to repair to some Church, Chappel, or usual place of Common Prayer, to hear Divine Service, established by Her Majesty's Laws and Statutes in that behalf made, and shall forbear to do the same by the space of one Month next after, without any lawful cause, shall at any time after forty days next, after the end of this Session of Parliament, by Printing, Writing, or Express Words, or speak advisedly, or purposely Practice, or go about to make, or persuade any of Her Majesty's Subjects, or any other within Her Highness' Realms or Dominions, to deny, withstand or impair Her Majesty's Power and Authority, in Cases Ecclesiastical, United and Annexed to the Imperial Crown of this Realm; or to that end and purpose shall advisedly, or maliciously move, or persuade any other Person whatsoever, to forbear, or abstain from coming to Church to hear Divine Service, or to receive the Communion, according to Her Majesty's Laws and Statutes aforesaid, or to come to, or be present at any unlawful Assemblies, Conventicles or Meetings, under colour or pretence of any Exercise of Religion, contrary to Her Majesty's Laws and Statutes; or if any Person or Persons which shall obstinately refuse to repair to some Church, by the space of one Month, to hear Divine Services, as it aforesaid, shall after the said forty days, either of him, or themselves, or by the motion, persuasion, enticement or allurement of any other, willingly join in, or be present at any such Assemblies, Conventicles, or Meeting, under colour or pretence of any such Exercise of Religion, contrary to the Laws and Statutes of this Realm as is aforesaid, that then every such Person so offending, as aforesaid, and being thereof lawfully Convicted, shall be committed to Prison, and there to remain, without Bail or Mainprize, until they shall conform and yield themselves to come to some Church, Chappel, or usual place of Common Prayer and hear Divine Service, etc.  
The next Clause is, if they did not Conform within three months after Conviction, they were to be banished, and so the Act goes on to Felony at last, as you may see more at large in the Statute.  
And to show that this Act was wholly intended against the Sectaries or Puritans so called in those days, and not against the Popish Recusants, is clear by what hath been laid down; but that it may not be objected by the Enemies of the Dissenting. Protestants, now that all those Acts, as well as this, are to be taken and Construed in Law to be one and the same, and that all the aforementioned Acts of Eliz: and King James are equally to be applied to all Dissenters from the Established Church of England, I do say and affirm, that cannot be; for the Popish Recusants, by this Act, are not at all-touched, nor could be Prosecuted upon it: For that in the 12 Sect. of this Act, 
〈◊〉. 12.  it is there particularly provided, that no Popish Recusant, or Feme-Covert shall be compelled or bound to abjure by virtue of this Act. Then it necessarily follows certainly, if the Popish Recusants shall not be punished by this Act made against Sectaries and Seditious Conventicles, That these Sectaries and Conventiclers being Protestant Dissenters, as their Adversaries will have it, Protestant Recusants, for that is it they aim at, to colour the laying the other Acts upon them, That then these Protestant Sectaries, Conventiclers, or Protestant Recusants shall not be Prosecuted upon those Laws made only against Popish Recusants, for if it should be, than you leave the Protestant Recusants in a far worse Condition than the Papist, the one being provided for, and not the other.  
But that I have said about this Act, comparing it with the other made against Popish Recusants, is only to show the unreasonableness of the Justice's opinion; for the Reader must know that I have only mentioned this Act of the 35th. of Eliz. but to show the nature of the one as well as the other; for that this Act of the 35th. Eliz. is not in force now, although it is confessed it was thought to be in force until the expiration of the Conventicle Act, made in the 16th. Year of this King: but both expired about one Year since; for that of Eliz. and the Act of the 16th. of this King were in nature one and the same. And that of the 16th. of this King, did as some think revive the 35th. of Eliz. by declaring it in force: but how long? Why it could not be declared for a longer time than itself lived; which died about the time aforesaid, both being but Temporary Acts. And indeed it was a happy turn for this Nation; for had those two Acts been in force, which were sanguinary Laws, much mischief might have accrued to the People of this Kingdom: but God be thanked they are gone, and have left none behind them to punish the Conventiclers, and the Nonconformist Ministers, who did not conform to the Act of Uniformity made in this King's Reign: But the Conventicle Act made the twenty second of this King, and the Act commonly called the Five Mile, or Oxford Act; which is all can be raked up against the Dissenting Protestants by Law, as I conceive at this day; which two Acts I shall a little consider, and first for the Oxford or Five Mile Act, made in the 17th. of this King Cap. 2. Entitled, 
Car. 2. 〈◊〉 2.  An Act for restraining Nonconformists from Inhabiting in Corporations: by this Act all such Persons as are in Holy Orders, Ecclesiastical Persons as well as others, that did not conform to the Act of Uniformity, made the 14th. of this King, and shall take upon them to Teach or Preach, etc. in any Meeting, Parish-Church, etc. shall forfeit for every such Offence the sum of 40. l. to be inquired of in any Court at Westminster, or Oyer and Terminer; Great Sessions of Wales, or Justices of the several Quarter-Sessions of the Peace; the forfeiture, one third to the King, one third to the Poor, and one third to the Informer, and in the same Act, Sect. 3. and 4. No such Minister, Teacher, etc. shall teach School, or live, inhabit or abode in any Corporation, or within five Miles of the same, or where he last had a Benefice, or near any Borough that sends any Members to Parliament, upon the Penalty of 40. l. etc.  
But note, that if on a Jury he may pass or live in any such Corporation, or appear upon Summons or Sub-pena, In the 5th, Section two Justices together in any County, where the Offence is committed, upon Oath to them made of the Offence against this Act, to commit the Offender to Prison for six Months without Bail, etc. unless the Party so brought before the Justices will take the Oath mentioned in the Act, which is, viz. I A. B. do swear that it is not lawful upon any pretence whatsoever, to take Arms against the King, and that I do abhor that Traitorous position of taking Arms by his Authority against his Person, or against those that are commissioned by him, in pursuance of such Commissions; and that I will not endeavour any alteration of Government, either in Church or State.  
These are the Penalties of this Act, and if a Person be so convicted before the Justices, if he takes this Oath, he saves himself from their Power, and from the Imprisonment, which is all they can do out of a Court of Sessions, the two Justices having not Power to convict as to the 40. l. Penalty.  
And as for the Act of the twenty second of this King, for suppressing seditious Conventicles, under pretence of Religious Worship, where the Conventiclers meet together, under a pretence of Religious Worship, and not according to the Liturgy and Practice of the Church of England; if any such there be, the Justices knowing such by the Oath of two Witnesses, may make a Record thereof, and the Persons so offending and convicted before them; the Justices have power to Issue out their Warrants to the under Officers to levy the sum of 5. s. a piece upon each Hearer, and 20. l. upon the Preacher, and 20. l. upon the House, and in case of Insufficiency of the Hearers 10. l. upon any Person present at the same Meeting, in lieu of such conceived not able to pay, and it must appear upon Oath before those Justices by two Witnesses, or confession of the Parties that it is a seditious Conventicle met together, for the disturbance of the Peace, under pretence of Religious Worship, and it must also be sworn before any Conviction can be had against any man or Woman, that the People that were met together, was not according to the Liturgy and Practice of the Church of England; which is next to impossibility, to do in the Case of most Meetings in London and Middlesex, and whoever acts upon that Act must be sure he goes not beyond the last: but they that shall act as the Order of the Justice's Commands, outruns both the Law, and the Constable that must answer for the same at the pleasure of him or her that is aggrieved, and all the Wit in the Justice's head cannot save them, that do act such things as in that Order is contained; for the Law will find them out, though for a time they may save themselves from the Power of a Parliament, whom they seem to affront, and scorn, by acting contrary to the very sense of the Nation, declared by their Representatives.  

I shall only add some small Notes of Directions to the Constables and Under-officers, who may easily be led into a Snare by such Orders and General Warrants, and when they are in, will find it hard to get out.  
And first I affirm, That no Constable ought to execute any Order at all, as an Order of Sessions, or a General Warrant from the Sessions, in prosecuting this Conventicle-Act, for the Law has plainly prescribed another Prosecuon, and they must exactly follow it, and not meddle with any other form or manner than as the Law directs; and the Constables are not to be afraid of the Justices, for they are as well punishable, if they act contrary to Law, as the Constables and Under-Officers are, either by Indictment, or Action of the Party grieved.  
And as for their General Warrants, printed and dated the 21 of January, I conceive them to be as Arbitrary and Illegal, as their Order of Sessions, for that it commands them to turn Informers upon their Oath to the Justices at Hicks-Hall. Now under their favour, there is no such thing can be done; for the Sessions, as is before declared, have no power in the matter; and if they had, they cannot force a man to be an Informer upon his Oath, or otherwise, whether they be Constables, or other Officers or not.  
In the next place, General Warrants are not legal to apprehend any man upon suspicion of a Fact that may, or is like to be committed, and that Officer that acts by such General Warrant, if he shall apprehend any Person thereon, and it prove that the Person so apprehended be innocent of the Crimes charged upon him, the Constables, or other Officers, are accountable for the same as false Imprisonment, for that General Warrant will not bear the Officer harmless.  
In the next place, as to breaking open of Doors, the Constable had best have a care of that too, for if through a wrong Information he break open any door other than the Act directs, which is only the Meetinghouse, in case of Refusal to enter, the Constable may be undone, notwithstanding his Warrant.  
Nor will the Act bear any Constable or other Officer out, for doing any thing about the Conventicles, unless he have first a Certificate of such a Meeting from some Justice of Peace, and then he may go; and if he find any Seditious Conventicles which tends to the breaking the Peace, he ought to execute his Warrant so far as is agreeable to the Act, but to turn Informer, Promoter, or Eastee-man, unless in case of a Riot, or such like, the Constable can do no such thing but at his own Peril.  
In the next place, the Warrant commands you the Constables to assemble the Headboroughs, Churchwardens, etc. to agree together for putting the said Order in execution.  
This you may do if you will, or let it alone, and much better than do it, for this is to make your Office more burdensome than ever the Law intended it, and is more than all or any Justice in England can command you; for the thing they command you is not warranted by Law, nor is it practicable, nor indeed scarce possible, and the very Justices themselves must own it, if they consider this, how impossible it is for any number of Men to be forced to agree together; I would have the Justices explain themselves what they moan by it, that you shall force them to agree with you Constables. Will they order you to beat them, or imprison them, or put them in the stocks, if they will not agree with you the Constables? But if you have such an Order, and are resolved to obey it, take care you have good Security from the Justices to indempnisie you, or else it may chance you may suffer as a Constable, though not as a Justice.  
Then in Case a Certificate shall come to your hands under the Justice's Hands, of a Meeting in such a place, if you receive it you may go, but if you find none, you are not obliged to go the second time upon the same Certificate, without a fresh notice, unless you want work; and if you find any Meeting, and see any persons there which are named in your Warrant, you ought to bring them if you can, but for the Justice to impose on you the Constables the proof against such as you find, that the Justices cannot do unless you will yourself, and to force the Officer to swear that goes to seize, is almost impossible; for unless the Officer were there all the time of the Meeting, he cannot swear it a Conventicle; for he must swear what the people did, and that there was nothing done all the whole time of the Conventicle, but what was contrary to the Liturgy, and practice of the Church of England; and how any man can do that, it ought to be well considered before it be done, lest he pay for it another day.   
FINIS.