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A61422 The beginning and progress of a needful and hopeful reformation in England with the first encounter of the enemy against it, his wiles detected, and his design ('t may be hop'd) defeated. Stephens, Edward, d. 1706. 1691 (1691) Wing S5422; ESTC R15155 31,818 45

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concluded and especially in such a Case as this Certainly there was no such diligent Examination as is pretended and became them to have made when what they had and might have had on the other side was not regarded That there was any such Office commonly call'd Sir R. B's Office or any at all set up by him that he or any one else did ever preside at any of the Meetings of those Gentlemen that there were any respective Constables more than the two before-mentioned who had any Recourse to that Chamber that Sir R. B. did there personate a Justice of the Peace that Mr. Hartley was made use of as a Property to fign Warrants and that he did at any time bid any Constable come to the said Office are all false and impudent scandalous Fictions and plain Nugatory Trifles of some malicious light and inconsiderate Persons And having already set out the Truth of those things from whence they took their Ground I need say no more to confute them From what hath been said and indeed from a due Consideration of the Report it self it is manifest what Credit is to be given to their Bare Assersion that of about 500 Warrants which they say they perused many were Illegal some Nugatory and Trifling and all Irregular without the least mention of any other Particular than those two which I have before shewed were Mistakes if they were indeed Mistakes not of the Justice but of the Informers and besides involuntary and such as any man might easily commit Which is a strong Presumption and weighty Argument that they had no more or greater Instances especially when we see them strain their Oratory to multiply two single Instances into plural Numbers But for them to complain of Illegal Nugatory Trifling and Irregular However their calling in tearing or suppressing so many Warrants under such Nugatory Pretences is that for which I think they ought not to be trifled with The next Clause is true in part viz. that the Informers did tender Warrants ready filled up to be signed to several Justices who refused to sign them But it is not only false but improbable that they should threaten any Justices and more improbable that they should threaten to return their Names into any such Office which they never heard of nor could be imagined to have any Power over them They conclude their Report with their Worship's Opinion viz. 1. That the Multiplicity of the Convictions which they please to call Irregular by which what they intend is noted before is a great Hinderance to their Majesties Revenue of Excise On the Loyalty and Policy of the late Reigns Not yet forgotten But they forgot we have now Princes of more Magnanimity and Religion than to stoop to so mean Policies as the Augmentation of their Revenue by the Prophanation of Religion the Corruption of the Manners of the People and the Violation of the Laws which they are bound to maintain and see that they be duly executed and of more Prudence than to be so imposed upon by such Pretences so to recede from their Authority as well as Duty They add 2. And a great Oppression upon the People and tend to the Ruine of most Victuallers and Ale house keepers and makes the present Government uneasie to them The profound Wisdom and Goodness of these Gentlemen Possibly so good Nature might extend to one sort more which they thought not fit or needless to name being sufficiently comprised among these And indeed it is a plain Case that the Execution of Good Laws will always most certainly make any Government uneasie to those who will not otherwise amend their Manners And the Neglect thereof will as certainly in time make them as uneasie to the Government But for ruining of any honest and sober Victualler and Ale house keeper by legal Convictions the Parliaments which made the Laws were it seems of another Opinion And we may presume all those who all this while have never since thought fit to alter them to have continued of the same Certainly these Gentlemen who presume thus to argue against the Laws very much forget themselves that they were only at a Sessions of the Peace and not of Parliament or else they would never so unanimously have subscribed to such Stuff as this But we have more of their Worships Opinion viz. 3. That the Proceedings of the said Office as they will needs call it or Society is a great Affront to and so resented by the whole Commission of the Peace By whose Commission I suppose they intend all the Justices in Commission and not only their own Party and if so I must be excused from giving Credit to what they say for I know the contrary And though they had mustered all their Strength for this purpose yet I am satisfied that there were divers very worthy Persons upon the Bench this Sessions who well approved the Proceedings of those Gentlemen but not those of this Committee And had the Committee but deigned that lawful Favour or Civility to the innocent and honest Gentlemen concerned which they readily extend even beyond Law to Criminals and Offenders they might have seen Cause to have better confuited their own Reputation than to have exposed it by so mistaken and unworthy a Resentment Lastly they conclude their Opinion That such Warrants as are issued out of the said Office not executed should be superceded There being no such Office it is hard to say what Warrants they mean But because we must suppose they did mean some unless we suppose them to talk idly we must understand all such as were sign'd by Justice Hartley at that Chamber But had they been more than indeed they were Why must they be superceded Certainly they would be hard put to it to find a legal and regular Answer and much more to answer for all those Warrants which they have torn or suppress'd very rashly I doubt and unadvisedly as well as illegally This Report notwithstanding all that hath been said was confirmed as they are pleased to term it by an Order of Sessions bearing date the 16th of Oct. But though the Minutes were then taken something to do there was it seems among some of them afterward before they could settle the Order which though often call'd for a Copy of it could not be had till that Day Fortnight and by that time they had at last hammered it out how agreeable to the Minutes I know not in the Form here following UPon reading the Report of Sir C.L. Sir J. S c. Justices of the Feace for this County to whom it was referred by Order of this Court of the 12th of October instant to examine among other matters what Inhabitants of this County have been convicted by Warrant from Ralph Hartley Esq one of their Majesties Justices of the Peace for this County for Tippling exposing Goods to Sale on the Lord's Day or any other Offences for Prophanation thereof whereby it appeared the said Mr. Hartley