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A40929 Christian tolleration, or, Simply and singly to meet upon the account of religion, really to worship and serve the Lord, without any unlawful act to be done or intended, is not an offence against law and also concerning seditious sectaries, disloyal persons, and seditious conventicles punishable by the late act : and likewise concerning banishments ... R. F. (Richard Farnworth), d. 1666. 1664 (1664) Wing F477; ESTC R1637 17,385 34

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do equal Law 20 Edw 3 cap. 1. and execution of right to all our subjects rich and poor without having regard to any person and without omitting to do right for any Letters or Commandment which may come to them from us or from any other or by any other cause 20. Edw. 3. cap. 1. And if that any Letters Writs or Commandments come to the Justices or to others deputed to do Law and Right according to the usage of the Realm in disturbance of the Law 20 Edw 3 or of the Execution of the same or of right to the Parties The Justices and other aforesaid shall proceed and hold their Courts and Processes where the Pleas and matters be depending before them as if no such Letters Writs or Commandments were come to them And they shall certifie Us and our counsel of such Commandments which be contrary to the Law as is aforesaid And to the intent that our Justices should do even Right to all people in the manner aforesaid without more favour shewing to one then to another We have ordained and caused our said Justices to be sworn That they shall not from henceforth as long as they shall be in the Office of Justice take Fee nor Robe of any man but of our self And that they shall take no gift nor Reward by themselves nor by other privily nor apertly of any man that hath to do before them by any way except meat and drink and that of a small value c. And for this cause we increased the Fees of the same our Justices in such manner as it ought reasonably to suffice them Stat. 2o Ed. 3.1 St. 2 Ed. 3.8 St. 11. Rich. 2.10 Regist f. 186. See the Oath of the Justices being made Anno the 18. Edw. 3. wherein it is contained That they shall well and lawfully serve the King and his people in the Office of Justice and that they shall do equal Law and execution of Right to all his subjects rich and poor without having regard to any person and that they deny to do no man common right by the Kings Letters nor none other means nor for none other cause and in case any Letters come to them contrary to the Law that they do nothing by such Letters but certifie the King thereof and proceed to execute the Law notwithstanding the same Letters And in case they be from thenceforth found in default in any of the points aforesaid They shall be at the Kings Will of body Lands and Goods thereof to be done as shall please him See the Oath of the Justices at large being made Anno the 18. Edw. 3. and Anno Dom. 1344. No Commandment under the Kings Seal shall disturb or delay Justice Item it is Recorded and established That it shall not be commanded by the Great Seal nor the little Seal 2 Edw. 3. cap. 8. to disturb or delay common right and though such Commandments do come the Justices shall not therefore leave to do Right in any point Stat. 2. Ed. 3. St. 9. Hen. 3.29 St. 5. Ed. 3.9 and 14. Ed. 3.14 None shall be attached or forejudged contrary to the great Charter and the Law of the land Item 9 Hen 3.29 2 Ed. 3.8 14 Ed. 3.14 28 Ed. 3.3 It is enacted That no man from henceforth shall be attached by any accusation nor forejudged of Life or Limb nor his Lands Tenements Goods not Chattels seized into the Kings hands against the form of the Charter and the Law of the Land Stat. 5. Ed. 3. cap. 9. None shall be put to answer an Accusation made to the King without Presentment or some matter of Record c. Item At the Request of the Commons by their Petitions put forth in this Parliament to Eschew the mischiefs and damage done to divers of his Commons by false Accusers which oftentimes have made their Accusations more for revenge and singular benefit than for the profit of the King or of his people which accused persons some have been taken and sometimes caused to come before the Kings Counsel by Writ and otherwise upon grievous pain against the Law It is assented and accorded for the good Governance of the Commons That no man be put to answer without Presentment before Justices or matter of Record or by due processe made by Writ Original according to the old Law of the Land And if any thing from henceforth be done to the contrary it shall be void in the Law and holden for error Stat. 42. Ed. 3. ca. 3. St. 25. Ed. 3.4 and 37. Ed. 3.18 None shall be condemned without lawful Presentment c. Item Whereas it is contained in the great Charter of the Franchises of England That none shall be imprisoned nor put out of his Freehold nor of his Franchises nor free Customs unless it be by the Law of the Land It is Accorded Assented and Established That from henceforth none shall be taken by Petition or suggestion made to our Lord the King or to his Counsel unless it be by Indictment or Presentment of his good and lawful People of the same neighbourhood where such deeds be done in due manner or by Processe made by Writ Original at the Common Law Nor that none be put out of his Franchise nor of his Freeholds unless he be duly brought in to answer and forejudged of the same by the course of the Law And if any thing be done against the same it shall be redressed and holden for none Sat. 25. Edward 3 4. Stat 5. Edw 3.9 Stat. 28. Ed. 3.3 and Stat. 42. Edw. 3.3 If the Law of England cannot be lawfully executed without a Jury Jur. p. 2 3. who are said to be the true and Ordinary Judges of the land whose verdict is the effectuall Judgment as it s said whereby all men are Judged by their Peers as well for their lives as lands c. if so how careful ought Jurors to be that they neither ignorantly nor wilfully destroy men in their lives liberties or estates who are so entrusted therewith upon tryalls and so greatly Concerned in the same And if men be Condemned or in many sort destroyed without the verdict or Judgment of a Jury is the Law of England lawfully Executed upon them And Concerning Banishment Cook upon the 29. Chapter of Magna Charta saith that by the Law of the land no man can be exiled or Banished out of his native Countrie but either by Authority of Parliament or incase of abjuration for fellony by the common Law Co. 2. part Institutes fol. 47. Then is it not evident and remains true that no man ought to be Banished by the Law of England out of his native Country for the Service and worship of God in the way and manner appointed by the word and Spirit of God because it is not fellony to serve and worship the Lord Neither is it Enacted Ordained and declared by Authority of Parliament That such and such persons or any man shall be Banished out of his native Country for the Service and worship of God If Judges take upon them to condemne and passe the Sentence of Transportation or Banishment upon others for errour as they Apprehend about the manner of the worship of God whilst the Judges themselves acording to their owne confession in evidence against themselves do daily erre and go astray from the way of God and dayly offend against the lawes of God do not they in so doing condemn others for the same or the like offence as the Judges know themselves gulty of And saith Andrew Horne in the Mirror of Justice Criminall persons are forbidden by the law to be Judges for saith the same Author God when he was upon Earth entred into the Consistory where a Sinner was to be Judged to death when God wrote upon the ground and said to the sutors who came to Judge her who of you is without Sin and there gave a Judgment as an example to Judges who take upon them every day to Judge the people whereby he taught them that none should take upon them so high and noble a calling as to sit in the seate of God to Judge offendors when they themselves are guilty and Condemnable See the mirror of Justices pag. 59. 60. The END
CHRISTIAN Tolleration OR Simply and singly to meet upon the Account of Religion really to Worship and serve the Lord without any unlawful Act to be done or intended is not an Offence against Law And also concerning Seditious Sectaries disloyal Persons and Seditious Conventicles punishable by the late Act. And likewise concerning Banishment For no man by the Law of the Land ought to be Banished out of his Native Country for the service and Worship of God Or as hereafter Appeareth Written in the eighth Month. 1664. Concerning Seditious Sectaries Disloyal Persons and Seditious Conventicles c. FIrst By the late Act of Parliament Entituled An Act to prevent and Suppress seditious Conventicles it is declared in the Preamble or ground of the Act which is the Reason for making the Act 16. Car. 2. fol. 25. That the speedy Remedies thereby Provided are against the growing and dangerous Practises of seditious Sectaries and disloyal Persons who under pretence of tender Consciences do at their meetings contrive Insurrections as late experience hath shewed So that those are the dangerous Persons and Practises that are to be suppressed who do at their meetings contrive Insurrections as aforefaid And they are the seditious Sectaries and disloyal Persons and their meetings are seditious Conventicles who assemble and meet together under colour of Religious exercises and pretend tenderness of Conscience to the intent that they may contrive Insurrections and cover over and prosecute a wicked intention under so fair a pretence which so to do is great wickedness and if there be any Persons or People who meet together under colour of religious exercise and pretence of tenderness of Conscience to contrive Insurrections at their meetings There is good Reason to provide Remedies against the growing and dangerous practises of such as do meet to contrive Insurrections as aforesaid And those meetings may justly be declared To be seditious Conventicles and unlawful Assemblies because they meet about seditious and unlawful Actions who meet to design and contrive Insurrections Secondly It is declared to be an Offence for five Persons over and above them of the houshold to be present at any Assembly 16. Car. 2. fol. 26. Conventicle or Meeting under colour or pretence of any Exercise of Religion in other manner than is allowed by the Lyturgie or practise of the Church of England So that it is no Offence against the Law for Persons to Assemble and meet together really and truly for no other end intent or purpose but to serve and worship the Lord though they meet to the number of five or above beside them of the houshold because the Liturgie of the Church allows of the same saying It is right very meet and our bounden duty to meet together at all times and in all places to give thanks or perform duty and service to the Lord. What is it for many persons to assemble and meet together upon the account of religious Exercise according to the manner allowed of by the Liturgie or practise of the Church of England To assemble and meet together to the number of five or above beside them of the houshold before the Lord upon the account of Religion as Worshippers of him to render thanks unto God for the great benefits that we have received of him to set forth his most worthy praise to hear his most holy Word and to ask those things that be requisite and necessary both for soul and body and in the performance of that duty to accompany one another in Prayer with a pure heart and an humble voice to the Throne of Gods heavenly grace is according to the Liturgie of the Church as aforesaid and is allowed of thereby For proof thereof see the beginning of the Liturgie What is it then for Persons to assemble and meet together to the number of five or above beside the houshold or family in other manner than is allowed of by the Liturgie or practise of the Church of England To assemble and meet together under colour or pretence of religious Exercises To contrive Insurrections is to meet in other manner than is allowed of by the Liturgie or practice of the Church for neither the Liturgie nor practice of the Church alloweth of any such actions After what manner are the persons offending against the said Act concerning meetings as aforesaid to be apprehended It seems a Justice of Peace or chief Magistrate is to repair unto the place where such meetings are held or to be held and dissolve or prevent the same And if such Justice of Peace or chief Magistrate be not able to suppresse or dissolve the same Then he may by certificate under his hand and feal made to the Lieutenants Deputy Lieutenants or Cummissioned Officers of the Militia c. of his particular Information or knowledge require or call for their Assistance 16. Car. 2. fol. 34 35. And he is to go in person with them unto the place where the meetings are held or to be held and use the best means they can to dissolve and dissipate or prevent the same But it seems That the Lieutenants Deputy Lieutenants nor Commissioned Officers of the Militia or souldiers c. are not to meddle in dissolving dissipating or preventing such meetings without a certificate from under the hand and seale of a Justice of Peace or chief Magistrate who himself is to be present with them at the place where the meeting is held or to be held as aforesaid 16. Car. 2. Reg. fol. 34 35. And no dwelling house of any person whatsoever must be entred into with force by vertue of the said Act but in the presence of one Justice of the Peace or chief Magistrate except within the City of London And there no dwelling house must be entred into as aforesaid but in the presence of one Justice of the Peace Alderman deputy Alderman or any one Commissioner of the Lieutenancy for the City of London 16. Car. 2. Regis fol. 37. After the persons offending as aforesaid be apprehended how must they be convicted and tried It seems That for the first and second offence They must not be convicted or tried by a Jury but two Justices of the Peace or chief Magistrate if it be within a corporation where there are not two Justices of Peace They are required and enjoyned upon proof to them or him respectively made of such offence either by confession of the Party or Oath of witnesses or notorious evidence of the fact To make a Record of every such offence under their hands and seals respectively which Record so made is to be taken and adjudged to be a full and perfect Conviction of every such Offender for such Offence 16. Car. 2. Regis fol. 26 27. And it seems the Offenders for the first and second Offence in that case must not first be committed to Prison and afterward tried by an Jury in order to Judgment or final determination of the matter But they must first be fined