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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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such seditious and tumultuous meetings under pretence of Religion at which they do contrive Insurrections as aforesaid Are not those meetings only accounted unlawful by the said Act as are seditious and tumultuous meetings And are not those the seditious meetings at which there is Insurrection contrived under pretence of Religious Worship And is it not plain that the meetings of the People of God reproachfully called Quakers which are only for the Service and Worship of God are not unlawful Assemblies nor seditious Conventicles because they are peaceable and not seditious and tumultuous meetings for they neither meet to contrive Insurrection nor with force and violence to the terror of the People nor to do any unlawful Act with violence or force as daily experience doth manifest And ought not therefore the Innocent People of God called Quakers to be freed and clearly acquitted from the force of the Penalties There must be Sedition and Tumults or the contriving of some Insurrection intended or acted under colour of Religious Worship it seems to make a seditious Conventicle and unlawful Assembly or meeting punishable by the late Act. And if there be sedition must it not be either in Words or Actions or both and if there be no sedition nor contriving of Insurrection at meetings under colour of Religious Worship and pretence of tenderness of Conscience how can those meetings be justly punished as seditious and tumultuous meetings Seeing the Remedies and Penalties of the Act are provided 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 And to prevent the mischiefs which may grow by such seditious and tumultuous meetings under Religious pretences 16. Car. 2. Regis fol. 25 26 34 35. Concerning Sedition and wicked Sectaries c. Doth it not appear by a Statute made in the three and twentieth year of the Raign of Queen Elizabeth 23 Eliz c. 1 Entituled an Act for retaining the Queens Subjects in their due obedience who are seditious or wicked Sectaries and disloyal Persons 1. Are they not such Persons as pretend to have Power from the See of Rome to absolve People 23. Eliz. 1. 2. Are they not such Persons who shall or may perswade the Kings Subjects from their natural obedience to his Majesty and from the Protestant Religion established to the Romish Religion 23. Elizabeth cap. 1. 3. Are they not such as move the Kings Subjects to promise any obedience to any pretended authority of the See of Rome 4. Are they not such also as are willing to be withdrawn from the Church of England to the Church of Rome 5. Are they not such as brought or shall bring in and put in Execution Bulls Writings and Instruments and other superstitious things from the See of Rome And in respect thereof did withdraw great numbers from their due obedience to her Majesties Laws established for the service of God And did also withdraw divers of the Queens Subjects from their natural obedience to her Majesty to obey the usurped authority of Rome 23. Eliz. cap. I. Are not those seditious Persons and seditious Actions for any to withdraw the Kings Subjects from the Common Prayer Book and that form of Religion and Worship as it is now established to reconcile them to the Romish Religion and as aforesaid And is not that to withdraw the Kings Subjects from their natural obedience to his Majesty c. But the Innocent People of God reproachfully called Quakers are free from such seditious principles and practises and how can their Godly Meetings be said to be seditious Conventicles and unlawful assemblies And the Statute made in the five and thirtieth year of the Raign of Queen Elizabeth 25 Eliz. c. 1. against seditious Conventicles was for the preventing and avoiding of such great inconveniences and perils as migh●●●ppen and grow by the wicked and dangerous practi●es of seditious Sectaries and dis●oyal persons And is it not plaine by the Statute aforesaid viz. the 23. El●● 1. who are those seditious or wicked Sectaries and disloyal Persons And is not plain that the ●uakers so called are not a People of such wicked principles and seditious Actions as aforesaid Concerning unlawful Assemblies c. Seditious and Tumultuous Meetings are declared by the late Act to be unlawful Assemblies so that they are seditious and tumultuous meetings that are to be dissolved and dissipated or prevented as by the Statute appeareth See 16. Car. 2. Regis fol. 34 35. And how doth it appear that the godly meetings of the Quakers are seditious and tumultuous meetings Must it not appear by Words and Actions and if there be no such things apparent are they not innocent and free from the same as aforesaid Saith Dalton in his Justice of Peace An unlawful Assembly c. Is where three persons or more shall gather together come or meet in one place to do some unlawful Act with violence See Dalt I. P. fol. 277. And is it not plain and evident that the innocent Quakers do not meet to do any unlawful Act with violence How then are their meetings said to be unlawful meetings Saith Dalton when three Persons and more shall come and Assemble themselves together to the intent to do any unlawful Act with force or violence against the Person of another his Possession or Goods Dalt 278. as to Kill Beat or otherwise to hurt a man to pull down a House Wall Pale Hedge or Ditch wrongfully to enter upon or into another mans Possession House or Land c. Or to cut or take away Corn Grass Wood or other goods wrongfully or to Hunt unlawfully in any Park or Warren or to do any other unlawful Act with force or violence against the Peace or to the manifest terror of the People if they only meet to such a purpose or intent This is an unlawful Assembly Dalt I. P. fol. 278. But it is as clear as the Sun at noon day That the innocent People of God called Quakers do not meet together to such a purpose or intent to do any such unlawful actions with force or violence nor to the manifest terror of the People Therefore how can their godly meetings be truly said to be unlawful Assemblies 1. If Persons Assemble together to the intent to do any unlawful Act with force or violence against the Person of another his Possession or Goods as aforesaid or to do any other unlawful act with force or violence against the Peace or to the manifest terror of the People if they only meet to such a purpose or intent although they shall after depart of their own accord without doing any such thing yet this is an unlawful Assembly Dalt I. P. 278. 2. If after their meeting They shall ride go or move forward toward the execution of any such act wether they put their intended purpose in execution or not This is a Rout. Dalt 278.
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