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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.
and afterward imprisoned if they do not pay down the Fine which Fine for the first offence is not to exceed five pounds or imprisonment without Bail or Mainprize not exceeding three months for none payment thereof and not exceeding ten pounds for the second offence or imprisonment for some time without Bail or Mainprize for non-payment thereof not exceeding six months 16. Car. 2. Regis fol. 27 28. Simply 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 Is there any general Custome or Statute made directly against the true spiritual service and worship of God in the spirit John 4.23 24. If there be any general Custome or Statute made directly against the true spiritual service and worship of God in the spirit Is not such Custome and Statute directly against the Law of God And if there be any general Custome or Statute directly against the Law of God Is not such a Custome and Statute void in it self seeing it is declared in the book called Doctor and Student or grounds of the Law of the Land That the second ground of the Law of England is the Law of God Doct. and Stud. Cap. 6. and also if any general Custome were directly against the Law of God or if any Statute were made directly against it the Custom and Statute were void Doct. Stud. cap. 6. And the King hath been pleased to promise and declare a liberty to tender Consceiences and that no man shall be disquieted and called in Question for differences of opinion in matters of Religion which do not disturbe the peace of the Kingdome And have not all those an interest in the Kings promises who never yet forfeited the same but are utterly and absolutely against designing and contriving any Insurrection and the remedies provided by the act are against them that have forfeited their intrest in the Kings promises who do at their meetings contrive Insurrections Therefore the Innosent ought not to be punished by Inprisonment or Banishment c. For the liberty of a man is a thing specia●●y favoured by the comon Law of the Land and therefore saith Dalton in his Iustice of peace Dalt 406. if any of the Kings Subjects shall Imprison another without sufficient warrant of him or of his Law the party grieved may have his action and shall recover damages against the other and the King also shall have a fine of him for Inprisonment of another without offence of the Law is one of the Kings Royall prerogatives annexed to the Crown See Dalt I. P. 406. And by the Statute of Magna Charta many times confirmed in Parliament it is enacted that no freeman shall be taken and Imprisoned or Disseized of his Freehold or Liberties or free Customs or be Outlawed or Exiled Magna Charta cap. 29. or any otherwise destroyed or we shall not passe upon him nor condemne him but by lawfull Iudgement of his Peers or by the Law of the Land we shall sell to no man we shall deny or defer to no man either Iustice or right Mag. 29. The Confirmation of the great Charters saith that all Majors Sheriffes Iustices and other Ministers which under us have the Laws of the Land to guide them 2● Edw. 1 cap. 1. shall allow the said Charters pleaded before them in Judgment in all points 25. Edw. 1. c. 1. And we will that if any Judgment be given from henceforth contrary to the points of the Charters by the Justices or by any other our Ministers that hold Plea before them against the Points of the Charters ●5 Edw. 1. cap. ● It shall be undone and holden for nought See the Stat. 25. Edw. 1. cap. 2. A Confirmation of the great Charters and a Repeal of those Statutes that be made to the contrary At the Parliament of our Lord the King holden at Westminster the first day of May the two and fortieth Year of his Raign It is assented and accorded That the great Charter and the Charter of the Forrest be holden and kept in all Points And if any Statute be made to the contrary That shall be holden for none Stat. 42. Edw. 3. cap. 1. What Persons are they that the late Act is made against They are seditious Sectaries and disloyal Persons who under pretence of tender Consciences do at their Meetings contrive Insurrections 16. Car. 2. Regis 25 26. To meet together under colour of Religious Exercise and pretence of tenderness of Conscience to contrive insurrections is a seditious Conventicle and an unlawful Assembly And those are the persons and meetings which the Act doth provide Remedies against For first the Title of the Act is to prevent and suppress seditious Conventicles Secondly the Remedies provided by the said Act are against the growing and dangerous practises of seditious Sectaries and disloyal Persons who do at their meetings contrive Insurrections as aforesaid Thirdly the Execution or Penalties of the Act are to be inflicted upon such Persons and for preventing of the mischiefs which may grow by such seditious and tumultuous meetings under pretence of Religious Worship 16. Car. 2. Regis fol. 25 26 54. It seems That for Persons to assemble and meet together under pretence of tender Consciences to contrive Insurrections is a seditious Conventicle and unlawful Assembly punishable by the said Act. 2. It seems That for Persons to the number of sive or above c. to meet together under pretence of Religious Worship to be mischievous seditious and tumultuous it is a seditious Conventicle and unlawful Assembly punishable by the late Act as aforesaid For it is Enacted by the Authority of Parliament for better preventing of the mischiefs which may grow by such seditious and tumultuous meetings under pretence of Religious Worship That the Lieutenants Deputy Lieutenants Commissioned Officers of the Militia Souldiers and Sheriffs c. by Certificate made to them respectively under the hand and seal of a Justice of Peace or chief Magistrate of his particular information or knowledge of such unlawful meetings or Conventicles held or to be held in their respective Counties or places And that he with such Assistance as he can get together is not able to suppress or dissolve the same shall and may and are required to repair with the Justice of Peace or chief Magistrates to the place where they are so held and by the best means they can to dissolbe and dissipate or prevent such unlawful meetings 16. Car. 2. Regis fol. 34 35. Is it not plain and clear by the said Act That the meetings which are to be dissolved and dissipated or prevented as aforesaid are seditious and tumultuous meetings And is it not as plain That those seditious and tumultuous meetings are such meetings as are seditious Conventicles and unlawful Assemblies which the Act provides remedies against and also Penalties for the preventing of the mischiefs that may grow by