BEQUEST OF
AL. CROSS
15-77-41
(1)
A LETTER from a
مار
Juftice of Peace
ТО А
13X
5038.5
Counſellor at Law
CONCERNING
CONVENTICLES,
With the Counſellors Reply.
SIR,
S
Ince I had the Honour of ſerving his Majeſty in his Commiffion of the
Peace for this County, I have not met with that danger and difficulty
as hath Irgely occur'd, which compeise to crave your judicious
Counſel and Advife. On Monday laſt, two perſons (of infolent behari-
our) came to my Houſe, ftiling themfelves Informers; thefe make Oath, that
the day before at a private Houfe, in a neighbour Village, were affembled fe-
veral perfons, above the number of four, befide the Family, where was held a
Conventicle or Religious Exercife, contrary to the Tenor of the late A&t, and
theſe Informers conjure me under the Penalty of 100l. to Record the offence,
and to leavy the Fines accordingly; whereupon I fent for the Perfons accu-
fed, and having them and the Informers face to face, I demanded whether
they would own themfelves guilty of a Conventicle within that Act; They
confess themselves prefent at a Religious Exercife, but deny it to be in other
manner than according to the Liturgy and Practife of the Church of England;
For (fay they) we profefs the fame Faith with the Church of England, Preach
and maintain the fame Doctrine, Worfhip the fame God through the one Me-
diator, and by his Spirit; We admit perfons of all Ages and Sexes to our
Affembly, (a pra&ice incompatible with Plots.) Whereupon I demanded of
the Informers, (being upon their Oath) whether they could fafely Swear, In
the Act, That this was, a pretended colourable Keligious Crercife, in other
manner than according to the Liturgy and Practice of the Church of England;
and withal cautioned them to confider, that if they Swore the Affirmative,
they muſt neceffarily know, what the Liturgy is, what the Church of England
A
js.
(2)
is, and what its Practice is, unto all which the Informers were able to give no
other anfwer than this, That in as much as the Meeting was not in a Church
or place of publick Worship, and no Common-Prayer read, (as they heard)
this they took to be a Conventicle within that A&t. Laftly, (at the requeſt
of the Defendants) I demanded of the Informers, whether they were prefent
from the beginning to the end of the Exercife, to which they answered Ne-
gatively. Sir, feeing the A& giveth me three Months time to deliberate on
this Matter, I difmiffed both parties, and here fend you the Cafe with your
Fee, and crave your Opinion, Whither the Defendants are within this Sta
tute as the Evidence ftands? I am, Sir,
SIR,
I
Your humble Servant,
The Anſwer.
Received your Letter and Fee, and for as much as the Determination of
the Cafe propofed, depends upon our Knowledge of the genuine fenfe
of the late Statute against Conventicles, I have ftudioutly endeavoured
to fatisfie my own and your understanding, by confidering, firft the Title;
Lecondly the Preface, and thirdly the Body of the Act, and do herewith offer
you my Difquifition of the whole.,
I. Of the Title, in these words, Ant to prevent Seditious Conventicles.
Sir, The men of my Profeffion do generally fay, that Titles of Acts are
Clabis Legum, and fivestas contents to a Chapter: Now Sir, if you com-
are you Evidence with this Title, I find nothing of edition fo much as
fuggefted, much lefs proved.
Let it alfo be confidered, that this Kingdom hath been Bleffed with famous
and worthy Juſtices of the Law, ſuch as ever abhor'd haifh`and fevere Inter-
pretations of Laws, efpecially where the Property and Liberty of the Subject
hath been concerned: And though this A&t tells you, that it muſt be con-
frued, oft largly and beneficially fog the cuppgeffing of Conbenticles, yet
you (knowing what the words import) may not thence take Liberty to make
any Convent cle a Crime which the Act doth not make fo.
Wherefore my opinion is upon the Title of the Act, and Evidence of the
matter, the Defendants are not within the A&t.
II. We now proceed to the Prefatory part of the Act, in thefe Words,
Fez providing more fpecdy Kemedo againſt the growing and dangerous Pa-
dice of Seditious Sectaries, and other diflopal Perlons, who under a pretence
of tender Consciences, babe og may at their meeting, contrive Infurrections,
as late Erperience hath bewon.
We must now compare this Preface with the Evidence, as it is offered in
your Cafe, The Defendants in prefence of the Informers, profefs the Fairh
and Doctrine eftablished in the Church of England, Worfhip the fame God,and
admit perfons of all Ages and Sexes, which (fay they) is incompatible with
Flots.
(3)
Plots, &c. and all this the Informers feems to confefs, at leaft give no Evi-
dence to the contrary; and it is a known griom in Law and Reafon, e non
apparentibus et non exiftentibus eadem ratio; Wherefore I conclude the De-
fendants are not within the Preface of the A&.
III. But thirdly, it must be granted, that though neither the Title nor the
Preface of (the Act) do reach the Defendants, yet the Body of the A&t may,
The words- Lhat if ang perfon og perfons, abobe the Age of 16 years, &c.
Hall be pæfent at any Affembly, Conbeṇticle, oz Meeting, under colour 02 pre-
tence of any Exercife of Religion, in other manner than according to the Li-
turgy and Practice of the Church of England, &c. where there shall be fibe og
moze pezlons Afflembled ober and abobe thoſe of the Houfbold, &c.
Sir, I dare be pofitive in my Opinion, That if thefe words do not reach the
Defendants, no part of the Act doth, wherefore every part of them deſerves
a due confideration; And firft of thefe, boloeber fball be prefent at ang
Asembly, &c. under colcur oz pretence of any Exercise of Religion, &c.
To my utmost underſtanding there can but two fences be put upon thefe
words,
Firſt, either a real truly Chriſtian Exercife of Religion, which yet cannot
be without its pretence and colour any more than the falfe one, or,
Secondly, fuch an Exercife of Religion as carrieth only a pretence and co-
lour, without Truth and Sincerity.
Our enquiry muſt be in which of theſe two fences to interpret theſe words
of the A&t, and firft of the firſt of theſe.
1. Whether thefe words can be conftrued as intending to runifh a real truly
Chriftian Exerce of Religion.
Of this I fhall firft give you my Opinion, and then my Reafon. My Opi
nion is, the words cannot with Reafon and Charity be ſo underſtood;
My reafon is, becauſe I fufpe&t that fuch an Interpretation would make
this Statute a nullity in its felf; for that all Cafuifts, Lawyers, and Divines,
do agree, that every Law made againft the Law of God, is null (Jpto fate)
as to any obligation of Confcience.
Now to demonftrate that this fence is contrary to the Law of God, let us
first read the words according to this conftruction, and they would run thus,
If any person oz pezlons, above the number of four, fhall worship Bed truly and
Encerely in other manner, &c. thall incur the Penalty of the Act. If the A&
had been thus Penned, I leave it to your Judgment how haifh it would fecm
to every Chriftian Ear, even the Legiflators them felves.
And now confider how it will agree with thefe Scriptures following, 1 Tim.
2. Iwill therefore that men Pray every where, for number and place indefinite,
Aūs 28, 30, 31. And Paul dwelt two whole years in his bired heufe, and received all
that came to him. Preaching the Kingdom of God, no man forbidding him. Maik 2.
1,2. And it was noifed that he was in the houſe, and ſtraight many were gathered to-
gether, infemuch as there was no Room for them.
A 2
Sir,
(4)
Sir, having perfonal Knowledge of your Loyalty to your Prince, and Reve
rence to his Laws, I have great reaſon to conclude, that you will abhor to in-
terpret the fence of this Branch of the Statute, that it intends to puniſh true
and fincere Religion where-ever Exercifed; nor can the number, more or
lefs, give any turpitude or innocency; for if the Worſhip in it felf be Evil, it
is intollerable in Four, if good, fourfcore cannot make it Evil: Wherefore,
we having but our choice of two Interpetations, (it being beyond my reach
to conceive a third;) we are conftrained to take the fecond fenfe premifed,
which is agreeable not only to the Letter of the Law, but confonant to true
Reafon and Religion, and then our refult muft be, that this claufe of the
A&t, (compared with the Preface) intends to punifh fuch, as under colour or
pretence, (as oppoſed to true and fincere Religion) do or may meet so con-
trive Infurrections.
Sir, having now, I hope, truly diſcovered the crime intended by this A&t,
if now remain we examin, whether the Evidence offer'd, will be found of
Kindred hereunto, ſo as to make the Defendants guilty of the Crime, and ſo
confequently to incur the Penalty, I think it beyond contradiction, that co-
Your or pretence, as oppoſed to Trnth and fincerity, none but the Omnifci-
ent God can take cognizance of, otherwiſe than by Overt Acts, difcovering
the falsehood of the mind, fo that if the Informers had fworn (as I find not)
that the Defendants met under colour or pretence, and give no evidence of
Fact, either of falle Doctrine, or Seditious words, or contrivances tending
to Infurrections, the Law hath no cogency on your confcience to credit fuch
Evidence: If you confider the words of the A&t, (Do p2 may contrive Infur-
redtons; az Experience (betes, and thence gather, that though no Evidence
evince that they did, yet at fuch Meetings, Infurrectious may be contrived:
Ianfwer, no experience of any time or age gives inftance, that fuch wicked
Plots or contrivances were forged in fuch Meetings, where Women,Children,
perfons of all Ages and Sexes promifcuouſly Affemble; nay, the Practice
rather feems a fecurity againſt fuch Plots.
Wherefore my Opinion is, that this Branch of the A&t doth not reach the
Defendants, as your evidence ftands.
And for as much as this Branch is not Independant, but carries its influence
into the whole crime deſcribed by the A&t, my Opinion is, the Defendants
are wholly out of the reach of the Statute; yet left you ſhould doubt, or my
Opinion be over-ruled herein, we will fubjoyn the words following in the
A&t, and then examin whether they will further charge or acquit the Defen-
dants.
[Ifany person or perfons, &c. fhall be preſent at any Conventicle, &c. un-
der colour or pretence of any Exercife of Religion, in other manner than acs
cording to the Lithurgy and Practifs of the Church of England,] poſſibly
an Advocate for the Informer may tell you, that the Claufe fuppofeth no
Exercife of Religion can be real and fincere, but colourable and pretended
only,
(5)
only, that is not performed in the very words of the Liturgy. To which F
anfwer, that the ſubſequent words, and Pzattife of the Church, give a clear
contradiction to ſuch a Paraphrafe, becauſe in all our publick Affemblies,
men pray before and after Sermon, in other words than the Liturgie, and yet
not reputed criminal within this A&; but for your better fatisfaction, it may
feem expedient we confider how to conftrue theſe words, (in other manner
than accozding to the Lithurgy.)
You know the Saviour of the World taught his D'fciples to Pray, Mat. 6.9.
After this manner therefore Pray ye, Our Father which art in Heaven. You find many
of the Difciples Prayers recorded in Scripture, A. 1. 24. & 4. 23. and gra-
ciouſly accepted of God, and yet you never read they uſed that Form, but
in other words agreeing for matter.
Now Sir, if thefe two Parallel Queſtions were put,
Did the Difciples of Chrift 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 thefe, I know you will anfwer, that though the Difci-
ples did not uſe the form of words, yet their Prayers did accord with, or
were according to the Lords Prayer.
The fame anſwer will neceffarily ferve to the latter, refering to the Litur-
gie, ftill fuppofing your evidence offers no Accufation againſt the Defendant's
Prayers diffonant from the Liturgie, more than want of Form. Take this
further 'confideration, that the Liturgy comprehends both the Epiftles and
Gospels, and all other portions of Scripture appointed to be read, and then.
let us thus reafon, whattoever accords with tiferiptures, (part of the
turgy) accords with the Liturgy, and is not in other manner than according
to it. Upon the 18 of July, for the fecond Leffon, is to be read 1 Tim. 2. I
will therefore that men pray every where, lifting up boly hands, without wrath and
doubting. And upon the 30 of June is to be read Eph. 6. Praying, always with
all fupplications in the Spirit; fo that all manner of Prayer, at what time or place
foever, (if in the Spirit) is you fee allowed by, and is not in any other man-
ner than according to the Liturgy.
We therefore again conclude that your Evidence gives no indication that
the Defendants Exercife of Religion, was in other manner than according
to the Liturgy of the Church.
It now remains we confider the laft words, (and practife of the Church of
England.) Sir, I obferve you gave the Informers a reaſonable caution, (fay
you) if you fware the Defendants did Worship in other manner than accør-
ding to the Liturgy and practiſe of the Church, it is requifite to underſtand'
what the Liturgy is, what the Church is, and what its Practife is; it falls to
my ſhare to refolve you. Of the Liturgy we have already diſcourſed, it re-
mains we inquire of the Practife of the Church, and its impoffible to know
its Practife till we refolve this Queſtion.
१
Queſt
(6)
Queft. What is the Church of England intended in this Statute ?
Soiut. Sir, I need not tell you the Greek word for Church, its taken for.
any convention of men, as well Profane as Ecclefiaftical, fo the Profane Al
fembly in the 19 of Aus 32. is tranflated from Exxanda Church, or Ecclefiæ.
But Sir, it is fafe for you and me to give fuch interpretations of words,
as our own Laws and Ecclefiaftical conftitutious 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 thefe I take to be intended in this
Act, and we fhall examine which;
That of the Cannon is in theſe words, [hofaeber fhall affirm that the
Cacred Synod of this Nation, in the Name of Christ, and by the Kings Au-
thority Affembled, is not the true Church of England by Kepzeſentation, let
him be Excommunicated.
Sir, after what manner the Synod worſhipt God, or whether at all (in that
Affembly) is wholly forreign to your knowledge and mine, neither do I find
that your Informers accufe the Defendants for worshipping God in other
manner than according to the Practice of the Synod, wherefore this fenfe of
the word Church I know you will Explode.
2. The other notion is in the book of the 39 Articles, where I find Arti-
cle the 19, Church thus defined, [The Wifible Church of Chrift, is a Con-
gregation of faithful men, in the which the pure wozd of God is zeacht, and
the Sacraments duly Adminiftred accozding to Chzifts Dedinance, in all
things that of neceflity are requiffte to the fame.] Sir, this Definition feems
to carry in it a Morral and perpetual Reaſon, fuch as no time or circum-
ence can deface, and by a Synecdoche, or part thoie, feem to tell
u, that every fuch congregation in England, is the Church of England, this
was fo in Queen Maries days, when the Proteftants were outed the publick
Oratories, and denied the uſe of their Liturgies, as in Queen Elizabeths days
when reftored to both. Now (feeing Liturgies are confeffed not effentially
neceffary to a true Church) it would be enquired, whether the Defendants
profeffing the Faith, Doctrine and Worfhip of the Church of England as now
eftablished, and denying their Worſhip to be in other manner than according
to the Practice of the Church, and this in prefence of the Informers, who
offer not the leaft evidence to the contrary, you (being alfo upon your Oath)
have not reafon or charity to judge that thefe people are fuch a Church as is
before defined.
Now I am compelled to give my Opinion in the Affirmative, Thus far we
have difcuft the Notion of a Church in the Law fenfe; it remains that we
now confider it in the Notion and Opinion of fome private Men, and we'
will ſuppoſe that by the Church of England is intended [be Pazochial
Affemblies of Chriftians using the Liturgy and Fozmes accoding to the Ku-
brick,] and hence it may be interred, that the Defendants exercifing Religion
- without the Formes of the Liturgy, have done in other manner than accor-
ding to the Practice of the Courch.
Sir,
(7)
Sir, I obferved in your Letter you put a proper Queſtion to the Informers,
iz. Whither they were preſent from the beginning to the end of the Exer-
cife, whereunto they answered Negatively, and the Defendants not confef
fing fuch Omiffion: Now taking the former allowed Axiom, Ron elle, et
non apparere idem eft; I muft conclude
It is not fafe for you to Record this an Offence within this Statute upon
this Evidence.
A
But Sir, if your Evidence had been full, (as poffibly it may occur, in cafes.
that come before you in this kind) and that it fhould be Sworn, that from firſt
to laft, the Common-Prayer was omitted; and let it be fuppofed, that the
Prayers and Sermons are the fame for matter with the Services done in our
Churches; and you ſhould then Ask me, whether ſuch an Exercife he wishin
this A&t, as done in other manner than accoping to the Pradife of the Church.
To which (befides what I have already offered) let me further add,
Do the Parochial Minifters Pray before and after Sermon without the
Liturgy,
So do the Perfons we fpeak of in the fame manner.
Are our Minifters Epifcopally Ordained,
So are many of the Diffenters.
Doth the Practice of their Churches allow of unordained men to Preach
as Candidates, for Approbation?
The Practice of our Church will warrant unordained men (defigning the
Office) to Preach, &c. of which the Ancient Church-Hiftories hath given
Infauces, a PA Babas two whole years before Orðina.
for fome time, and was therein juftified by Emment Fathers of the Church
viz. Alxender Biſhop of Jerufalem, and Theocliftus Bishop of Cefarea. The
like may be affirmed of Eve pis at Lavanda, Pandinus at Iconium, I beodorus at
Cynada. *
In our cafe the only queftion feems to be, whither two Affemblies, Wor-
ſhipping in the fime 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
Minifter Preacaeth an hour, an other halfan hour; one reads a Homily, and
other Freacheth his own Sermon, and we never accufe them of defect in man-
ner of their Exercife as differing from each other.
Thus Sir, I have given you my fenfe 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 Chriftian, though I know there wants
not perfons of your quality that have judged otherways, and given Prefi--
dents thereof: But I alſo know that upon Appeals at the Seffions, in a neigh-
bour County, the Appellants have been difcharged upon fome of the Rea
fons here alledged; I fufpect the Penalty of your 1ool. may flick in your
thoughts, though I think your danger little, yet I have fo great refpect for
you
Eufeb, lib.
6. cap. 19.
(8)
you
and
your Family, to with you fo good Opticks, as to forefee future
well as prefent dangers. I prefume you have read the famous inftances of
two Perfons of your quality, Empfon and Dudley in Henry the ſevenths days,
they by colour of Penal Laws, (as this is) invaded the Property of the Peo-
ple 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 your felf to fee well, when you borrow your Countries Eyes,
and direct your Judgment by the Verdict of Juries, upon the Evidence of
honeft and credible Witneffes, 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 fecondly as to Witneffes, that they be of undoubted
Credit, for feeing the third part of the Fines comes to their Pockets, un-
reaſonable it is to admit of any but Perſons of knowa Integrity for Wit-
neffes.
Sir, Thus doing, you will fecure both your own Reputation for
Juſtice and Integrity, and alſo the Peace of all his Majeſties Loyal
Subjects; which will be according to the defire of
Tour Humble Servant.
IN IS.