Something offered to the consideration of all those who have had a hand in putting the late made Act, (entituled, An Act to prevent and suppress seditious conventicles) in execution For the sake of such who have any tenderness towards the innocent; and also for the information of all others, who have had, shall or may have, a hand in putting in execution the said Act, I shall offer something to shew, whom and what exercises of religion are concerned in and by the said Act, and what not, according to the most true natural genuine litteral sense and meaning thereof, and no other wise.
         Gibson, Thomas, Quaker.
      
       
         
           1665
        
      
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             Something offered to the consideration of all those who have had a hand in putting the late made Act, (entituled, An Act to prevent and suppress seditious conventicles) in execution For the sake of such who have any tenderness towards the innocent; and also for the information of all others, who have had, shall or may have, a hand in putting in execution the said Act, I shall offer something to shew, whom and what exercises of religion are concerned in and by the said Act, and what not, according to the most true natural genuine litteral sense and meaning thereof, and no other wise.
             Gibson, Thomas, Quaker.
          
           8 p.
           
             s.n.,
             [London :
             1665]
          
           
             Caption title.
             Signed and dated at end: Written in the first month, 1665. By Thomas Gibson, prisoner in Newgate, ..
             Imprint from Wing.
             Reproduction of the original in the Friends House Library, London.
          
        
      
    
     
       
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         eng
      
       
         
           Public General Acts. 1664. 16 Car.II.c.4 -- Early works to 1800.
           Dissenters, Religious -- England -- Law and legislation -- Early works to 1800.
           Quakers -- England -- Early works to 1800.
           Great Britain -- History -- Charles II, 1660-1685 -- Early works to 1800.
        
      
    
     
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           Something
           offered
           to
           the
           Consideration
           of
           all
           those
           who
           have
           a
           hand
           in
           putting
           the
           late
           made
           Act
           ,
           (
           entituled
           ,
           An
           Act
           to
           prevent
           and
           suppress
           Seditious
           Conventicles
           )
           in
           execution
           .
        
         
           For
           the
           sake
           of
           such
           who
           have
           any
           tenderness
           towards
           the
           Innocent
           ;
           and
           also
           for
           the
           information
           of
           all
           others
           ,
           who
           have
           had
           ,
           shall
           or
           may
           have
           ,
           a
           hand
           in
           putting
           in
           Execution
           the
           said
           Act
           ,
           I
           shall
           offer
           something
           to
           shew
           ,
           whom
           and
           what
           Exercises
           of
           Religion
           are
           concerned
           in
           and
           by
           the
           said
           Act
           ,
           and
           what
           not
           ,
           According
           to
           the
           most
           true
           natural
           genuine
           litteral
           sense
           and
           meaning
           thereof
           ,
           and
           no
           otherwise
           .
        
         
           I
           Shall
           begin
           with
           the
           Title
           and
           Preamble
           of
           the
           said
           Act
           ,
           and
           then
           come
           to
           the
           Body
           of
           it
           .
        
         
           This
           Act
           is
           entituled
           ,
           
             An
             Act
             to
             prevent
             and
             suppress
             Seditious
             Conventicles
             .
          
           It
           seems
           ,
           there
           is
           ,
           or
           may
           be
           ,
           several
           sorts
           of
           Conventicles
           ,
           as
           the
           word
           Conventicle
           doth
           import
           ,
           which
           is
           a
           conveening
           of
           several
           persons
           together
           for
           some
           end
           and
           purpose
           or
           other
           .
           Now
           there
           may
           be
           a
           convening
           of
           persons
           together
           for
           good
           ends
           ,
           as
           there
           may
           be
           a
           convening
           of
           persons
           together
           for
           evil
           ends
           .
           There
           may
           be
           a
           convening
           of
           persons
           together
           honestly
           ,
           and
           justifiably
           ,
           upon
           a
           Religious
           account
           ;
           as
           there
           may
           be
           a
           convening
           of
           persons
           together
           in
           order
           to
           the
           sowing
           or
           spreading
           of
           Sedition
           :
           which
           latter
           ,
           this
           Act
           ,
           by
           the
           Title
           of
           it
           ,
           seems
           to
           be
           made
           to
           prevent
           &
           suppress
           ,
           as
           appears
           by
           joyning
           the
           explanatory
           word
           Seditious
           to
           Conventicle
           ,
           viz.
           
             An
             Act
             to
             prevent
             &
             suppress
          
           [
           
             Seditious
             Conventicles
          
           .
           ]
           And
           this
           doth
           further
           appear
           by
           comparing
           therewith
           the
           Preamble
           or
           Reason
           of
           the
           Act
           ,
           which
           runs
           thus
           :
           
             For
             providing
             therefore
             of
             further
             and
             more
             speedy
             remedies
             against
             the
             growing
             and
             dangerous
             practices
             of
          
           [
           
             Seditious
             Sectaries
          
           ]
           
             and
             other
             disloyal
             persons
             ,
             &c.
             
          
           Here
           the
           word
           [
           Seditious
           ]
           is
           used
           again
           ,
           and
           joyned
           to
           Sectaries
           and
           
           other
           disloyal
           persons
           .
           Now
           the
           word
           Sectary
           ,
           as
           it
           is
           generally
           accepted
           ,
           doth
           import
           persons
           of
           several
           opinions
           or
           practices
           in
           matters
           of
           Religion
           ,
           differing
           from
           the
           established
           Religion
           of
           Nations
           ,
           and
           such
           as
           for
           Conscience-sake
           cannot
           conform
           thereunto
           .
           These
           ,
           as
           truly
           such
           ,
           †
           seem
           not
           to
           be
           the
           persons
           intended
           in
           this
           Act
           ,
           but
           such
           ,
           and
           only
           such
           ,
           as
           are
           
             seditious
             Sectaries
          
           ,
           and
           under
           pretence
           of
           tender
           consciences
           ,
           do
           at
           their
           Meetings
           contrive
           Insurrections
           ,
           or
           sow
           Sedition
           among
           the
           people
           ;
           So
           that
           both
           by
           the
           Title
           and
           Preamble
           this
           Act
           doth
           pretend
           at
           least
           to
           be
           made
           to
           punish
           
             seditious
             Sectaries
          
           ,
           and
           to
           suppress
           their
           Meetings
           ,
           and
           not
           to
           punish
           the
           truly
           consciencious
           ,
           nor
           suppress
           the
           Meetings
           of
           those
           who
           meet
           together
           not
           under
           any
           colour
           ,
           but
           really
           and
           truly
           to
           worship
           God
           as
           he
           doth
           require
           and
           perswade
           them
           in
           their
           own
           hearts
           and
           consciences
           .
        
         
           But
           as
           if
           the
           Title
           and
           Preamble
           were
           only
           specious
           pretences
           of
           a
           Law
           against
           seditious
           and
           disloyal
           persons
           ,
           to
           colour
           over
           foul
           intentions
           in
           the
           body
           of
           the
           Act
           ,
           which
           seems
           to
           look
           a
           quite
           contrary
           way
           ,
           and
           is
           so
           made
           use
           of
           ,
           and
           runs
           thus
           ;
        
         
           
             Be
             it
             enacted
             ,
             &c.
             
             That
             if
             any
             person
             ,
             &c.
             shall
             be
             present
             at
             any
             Assembly
             ,
             Conventicle
             or
             Meeting
             ,
             under
          
           [
           
             colour
             or
             pretence
          
           ]
           
             of
             any
             Exercise
             of
             Religion
          
           [
           
             in
             other
             manner
             than
             is
             allowed
             ,
             &c.
          
           ]
           The
           words
           [
           
             under
             colour
             or
             pretence
          
           ]
           seem
           to
           relate
           to
           the
           Preamble
           of
           the
           Act.
           But
           then
           the
           matter
           of
           fact
           ,
           or
           that
           which
           makes
           the
           Meeting
           unlawful
           ,
           so
           as
           the
           being
           present
           at
           it
           becomes
           an
           offence
           ,
           ought
           to
           have
           been
           expressed
           to
           be
           the
           plotting
           or
           contriving
           Insurrections
           ,
           or
           the
           doing
           of
           some
           action
           or
           other
           ,
           that
           might
           render
           the
           Meeting
           [
           
             a
             Seditious
             Meeting
             ,
             under
             the
             colour
             or
             pretence
             of
             Religious
             Exercise
          
           ]
           which
           would
           then
           have
           held
           proportion
           with
           the
           Title
           and
           Preamble
           or
           Reason
           of
           the
           Act
           ;
           and
           might
           have
           been
           counted
           a
           reasonable
           Law
           ,
           as
           all
           Laws
           ought
           to
           be
           :
           For
           
             Right
             Reason
          
           ,
           according
           to
           the
           Law
           of
           God
           ,
           is
           (
           or
           ought
           to
           be
           )
           the
           ground
           or
           foundation
           of
           all
           Law.
           And
           that
           Law
           that
           hath
           not
           Right
           Reason
           for
           its
           foundation
           ,
           is
           null
           and
           void
           in
           it self
           ;
           and
           will
           never
           be
           of
           ,
           nor
           bear
           any
           authority
           over
           sober
           and
           reasonable
           men
           ,
           nor
           answer
           to
           the
           Witness
           of
           God
           in
           the
           Consciences
           of
           the
           Transgressors
           .
           But
           this
           not
           being
           such
           ,
           nor
           so
           to
           be
           understood
           ,
           as
           the
           Judges
           and
           Executors
           of
           the
           Law
           do
           declare
           ,
           both
           by
           word
           and
           practice
           .
           It
           seems
           to
           be
           an
           unnatural
           ,
           unreasonable
           and
           unequal
           Law
           ,
           and
           not
           at
           all
           like
           what
           it
           pretends
           it self
           to
           be
           ,
           Namely
           ,
           
             An
             Act
             to
             prevent
             and
             suppress
          
           [
           
             Seditious
             Conventicles
          
           ]
           
             or
             to
             prevent
             the
             growing
             and
             dangerous
             practices
             of
             [
             Seditious
             
             Sectaries
          
           ]
           
             and
             other
             disloyal
             persons
             ,
             who
             under
             pretence
             of
             tender
             Consciences
             ,
             do
             at
             their
             Meetings
             contrive
             Insurrections
             ,
             &c.
             
          
           I
           say
           ,
           as
           interpreted
           and
           made
           use
           of
           by
           our
           reasonless
           Judges
           ,
           Justices
           and
           Executors
           of
           the
           Law
           ,
           it
           is
           so
           far
           from
           being
           what
           it
           pretends
           it self
           to
           be
           ,
           to
           wit
           ,
           A
           Law
           to
           punish
           the
           guilty
           ,
           such
           as
           pretend
           to
           one
           thing
           and
           do
           another
           ,
           that
           it
           's
           made
           use
           of
           to
           punish
           the
           Innocent
           ;
           (
           to
           wit
           )
           such
           as
           are
           really
           ,
           and
           do
           truly
           what
           they
           pretend
           themselves
           to
           be
           and
           do
           ,
           that
           is
           ,
           are
           truly
           tender
           in
           Conscience
           ,
           and
           do
           meet
           (
           not
           only
           under
           pretence
           of
           Religious
           Exercise
           ,
           but
           )
           really
           and
           truly
           to
           worship
           God
           in
           a
           peaceable
           quiet
           manner
           ,
           (
           or
           ,
           to
           use
           the
           Kings
           own
           words
           in
           the
           aforementioned
           Declaration
           )
           
             do
             modestly
             and
             without
             scandal
             perform
             their
             devotion
             in
             their
             own
             way
             .
          
        
         
           But
           it
           seems
           that
           principally
           which
           makes
           the
           Meeting
           unlawful
           ,
           is
           ,
           The
           Exercise
           of
           Religion
           ,
           being
           [
           
             in
             other
             manner
             than
             is
             allowed
             by
             the
             Lyturgie
             or
             practice
             of
             the
             Church
             of
             England
             ,
             &c.
          
           ]
        
         
           If
           it
           be
           so
           that
           the
           Religious
           Exercise
           it self
           is
           that
           which
           the
           Law
           is
           made
           against
           ,
           and
           that
           ,
           because
           in
           the
           manner
           of
           it
           ,
           it
           may
           not
           be
           allowed
           by
           the
           Lyturgy
           or
           practice
           of
           the
           Church
           of
           England
           ;
           then
           this
           doth
           make
           it
           further
           appear
           to
           be
           an
           unnatural
           and
           unreasonable
           Law
           :
           For
           ,
           as
           there
           is
           no
           reason
           rendred
           ,
           so
           there
           is
           no
           reason
           to
           be
           rendred
           ,
           for
           the
           making
           of
           a
           Law
           to
           limit
           or
           restrain
           all
           people
           in
           their
           Religious
           Exercises
           to
           the
           allowance
           of
           the
           Lyturgy
           or
           practice
           of
           the
           Church
           of
           England
           .
           For
           the
           Lyturgy
           ,
           upon
           which
           the
           practice
           of
           the
           Church
           of
           England
           in
           this
           case
           seems
           to
           be
           grounded
           ,
           hath
           at
           most
           but
           the
           ordering
           ,
           direction
           and
           prescription
           of
           humane
           Authority
           for
           its
           establishment
           ;
           But
           the
           True
           Religion
           ,
           and
           Religious
           Exercise
           ,
           that
           God
           accepts
           ,
           as
           well
           to
           the
           manner
           as
           to
           the
           matter
           of
           it
           ,
           must
           be
           performed
           according
           to
           the
           ordering
           ,
           direction
           ,
           prescription
           and
           assistance
           of
           the
           Spirit
           of
           God
           ;
           and
           cannot
           (
           neither
           is
           there
           any
           reason
           why
           it
           should
           )
           be
           limited
           to
           the
           allowance
           or
           prescription
           of
           the
           Lyturgy
           ,
           or
           any
           humane
           practice
           or
           invention
           whatsoever
           ,
           especially
           if
           it
           be
           true
           :
           As
           it
           was
           said
           by
           some
           Judges
           and
           Executioners
           of
           this
           Law
           ,
           viz.
           
             That
             to
             worship
             God
             in
             Spirit
             and
             Truth
             ,
             is
             to
             worship
             God
             in
             other
             manner
             than
             is
             allowed
             by
             the
             Lyturgie
             or
             practice
             of
             the
             Church
             of
             England
             .
          
           And
           if
           it
           be
           so
           ,
           that
           the
           Lyturgy
           and
           practice
           of
           the
           Church
           of
           England
           is
           so
           far
           degenerated
           from
           the
           Spirit
           of
           Truth
           ,
           that
           neither
           the
           one
           nor
           the
           other
           doth
           so
           much
           as
           allow
           of
           worshipping
           God
           in
           Spirit
           and
           in
           Truth
           ,
           as
           these
           men
           say
           ,
           O
           how
           can
           they
           blame
           those
           that
           separate
           from
           such
           a
           Church
           ,
           as
           from
           an
           Harlot
           or
           menstruous
           Woman
           ,
           that
           a
           man
           cannot
           touch
           but
           he
           must
           be
           defiled
           !
        
         
           If
           the
           manner
           of
           the
           Religious
           Exercise
           be
           that
           which
           makes
           the
           
           Meeting
           lawful
           or
           unlawful
           ,
           then
           it
           seems
           the
           chief
           force
           of
           the
           Act
           is
           in
           these
           words
           (
           
             viz.
             )
             Shall
             be
             present
             at
             any
             Assembly
             ,
             Conventicle
             or
             Meeting
             ,
             under
             [
             colour
             or
             pretence
             ]
             of
             any
             Exercise
             of
             Religion
             ,
             in
             other
             manner
             than
             is
             allowed
             ,
             &c.
             
          
           And
           then
           the
           words
           [
           
             Colour
             or
             pretence
          
           ]
           in
           this
           place
           is
           not
           to
           be
           understood
           to
           look
           back
           to
           those
           mentioned
           in
           the
           Preamble
           ,
           who
           under
           pretence
           of
           tender
           Consciences
           do
           at
           their
           Meetings
           
             contrive
             Insurrections
             ,
             &c.
          
           but
           to
           look
           forward
           to
           the
           manner
           of
           the
           Religious
           Exercise
           ,
           and
           then
           the
           word
           Colour
           is
           improper
           in
           this
           place
           ,
           which
           can
           no
           otherwise
           be
           understood
           ,
           but
           to
           make
           the
           pretence
           of
           Religious
           Exercise
           to
           be
           a
           colour
           for
           some
           evil
           action
           intended
           :
           but
           to
           take
           the
           word
           pretence
           apart
           from
           colour
           ,
           and
           then
           it
           may
           be
           understood
           to
           intend
           no
           more
           than
           that
           which
           is
           beforehand
           declared
           or
           foreshewn
           of
           the
           intention
           of
           the
           Meeting
           ;
           and
           in
           this
           sence
           I
           am
           willing
           to
           understand
           and
           make
           use
           of
           the
           word
           pretence
           in
           what
           follows
           :
           And
           then
           it
           is
           clear
           that
           the
           principal
           offence
           in
           the
           Law
           is
           ,
           the
           
             Religious
             Exercise
          
           it self
           ,
           and
           that
           in
           the
           manner
           of
           it
           .
        
         
           There
           are
           several
           qualifications
           which
           must
           concur
           to
           make
           the
           persons
           present
           at
           Meetings
           ,
           Offenders
           against
           this
           Act
           ;
           they
           are
           as
           followeth
           .
        
         
           1.
           
           The
           Meeting
           must
           be
           
             under
             pretence
             of
             some
             Exercise
             of
             Religion
             .
          
        
         
           2.
           
           
             That
             Exercise
             of
             Religion
             must
             be
          
           in
           other
           manner
           than
           is
           allowed
           by
           the
           Lyturgy
           or
           practice
           of
           the
           Church
           of
           England
           .
        
         
           3.
           
           
             There
             must
             be
          
           five
           persons
           present
           ,
           over
           and
           above
           the
           persons
           of
           the
           Family
           .
        
         
           4.
           
           The
           persons
           present
           must
           be
           of
           the
           age
           of
           
             sixteen
             years
             or
             more
          
           ,
           and
           
             Subjects
             of
             this
             Realm
          
           .
        
         
           It
           seems
           this
           Act
           is
           not
           against
           all
           Meetings
           ,
           but
           only
           against
           such
           Meetings
           
             as
             are
             under
             pretence
             of
             some
             Exercise
             of
             Religion
          
           ;
           neither
           is
           it
           against
           all
           Meetings
           under
           pretence
           of
           Exercise
           of
           Religion
           ,
           but
           only
           such
           as
           are
           in
           
             private
             Families
          
           ,
           and
           within
           the
           forementioned
           qualifications
           :
           For
           ,
           1.
           if
           the
           Meeting
           be
           under
           pretence
           of
           Religious
           Exercise
           ,
           yet
           if
           the
           Religious
           Exercise
           be
           in
           no
           other
           manner
           than
           is
           allowed
           ,
           &c.
           this
           Meeting
           is
           not
           within
           the
           Act
           ,
           although
           there
           be
           five
           persons
           or
           more
           present
           besides
           the
           persons
           of
           the
           family
           .
        
         
           2.
           
           If
           the
           Religious
           Exercise
           used
           ,
           be
           in
           other
           manner
           than
           is
           allowed
           ;
           if
           there
           be
           not
           five
           persons
           or
           more
           present
           ,
           of
           the
           age
           of
           sixteen
           years
           ,
           and
           subjects
           of
           this
           Realm
           ,
           this
           Meeting
           is
           not
           within
           the
           said
           Act.
           
        
         
           Quer.
           What
           Meetings
           then
           are
           those
           within
           the
           Act
           ?
        
         
           Answ
           .
           Such
           Meetings
           as
           are
           within
           all
           the
           qualifications
           ,
           the
           principal
           of
           which
           are
           the
           two
           first
           ,
           viz.
           The
           Meeting
           being
           under
           pretence
           
           of
           Religious
           Exercise
           
             in
             other
             manner
             than
             is
             allowed
             ,
             &c.
             
          
           Then
           it
           seems
           the
           manner
           of
           the
           Religious
           Exercise
           is
           the
           principal
           qualification
           that
           makes
           the
           Meeting
           either
           lawful
           or
           unlawful
           ;
           and
           that
           as
           it
           is
           either
           allowed
           or
           disallowed
           by
           the
           Lyturgy
           and
           practice
           of
           the
           Church
           of
           England
           .
        
         
           
             Then
             the
             Question
             is
          
           ,
           What
           Exercises
           of
           Religion
           ,
           as
           to
           the
           manner
           of
           them
           ,
           are
           ,
           and
           what
           are
           not
           allowed
           by
           the
           Lyturgie
           or
           practice
           of
           the
           Church
           of
           England
           ?
        
         
           Answ
           .
           Such
           Exercises
           of
           Religion
           as
           have
           prescript
           forms
           or
           manners
           for
           the
           exercise
           thereof
           ,
           and
           no
           other
           forms
           or
           manners
           are
           allowed
           of
           ;
           Such
           Exercises
           of
           Religion
           ,
           if
           not
           performed
           in
           the
           same
           form
           or
           manner
           as
           is
           prescribed
           ,
           are
           in
           other
           manner
           than
           is
           allowed
           ,
           &c.
           
           But
           all
           such
           Exercises
           of
           Religion
           as
           have
           no
           prescript
           forms
           nor
           manners
           but
           the
           practice
           of
           the
           Church
           of
           England
           ,
           is
           ,
           to
           leave
           all
           persons
           to
           use
           their
           own
           forms
           or
           manners
           ,
           such
           Exercises
           of
           Religion
           cannot
           be
           performed
           ,
           in
           other
           manner
           than
           is
           allowed
           ,
           &c.
           
        
         
           Those
           Exercises
           of
           Religion
           used
           in
           private
           families
           which
           have
           prescript
           forms
           ,
           are
           Baptism
           ,
           the
           Visitation
           of
           the
           Sick
           ,
           and
           Administration
           of
           the
           Communion
           (
           as
           they
           call
           it
           )
           to
           the
           sick
           person
           ,
           and
           others
           with
           him
           .
           Now
           if
           any
           of
           these
           Exercises
           of
           Religion
           ,
           or
           any
           other
           that
           have
           prescript
           forms
           ,
           be
           performed
           in
           any
           other
           manner
           than
           is
           prescribed
           ,
           at
           any
           Meeting
           where
           there
           shall
           be
           five
           persons
           or
           more
           present
           ,
           over
           and
           above
           the
           persons
           of
           the
           family
           ,
           this
           Meeting
           is
           within
           the
           Act
           ,
           and
           the
           persons
           present
           ,
           if
           within
           the
           other
           qualifications
           ,
           may
           be
           punished
           by
           it
           .
        
         
           Those
           Exercises
           of
           Religion
           that
           have
           no
           prescript
           forms
           ,
           are
           these
           ,
           viz.
           Preaching
           ,
           Prayer
           out
           of
           Churches
           (
           so
           called
           )
           and
           Conference
           or
           the
           like
           .
           There
           is
           no
           prescript
           form
           of
           Preaching
           ,
           no
           prescript
           form
           of
           Prayer
           in
           private
           (
           except
           as
           is
           before
           exprest
           )
           no
           prescript
           form
           of
           Conference
           ,
           but
           every
           man
           is
           left
           to
           use
           his
           own
           form
           or
           manner
           in
           all
           these
           Exercises
           of
           Religion
           ;
           So
           that
           these
           Exercises
           of
           Religion
           cannot
           be
           performed
           in
           other
           manner
           than
           is
           allowed
           ,
           &c.
           
           And
           then
           where-ever
           these
           Exercises
           of
           Religion
           ,
           or
           such
           like
           ,
           are
           used
           ,
           and
           no
           other
           ,
           that
           have
           prescript
           forms
           ,
           though
           there
           be
           five
           persons
           or
           more
           present
           over
           and
           above
           the
           persons
           of
           the
           family
           ,
           yet
           this
           Meeting
           is
           not
           within
           the
           said
           Act.
           
        
         
           If
           it
           be
           the
           practice
           of
           the
           Church
           of
           England
           to
           allow
           all
           persons
           to
           use
           their
           own
           forms
           or
           manners
           in
           such
           Exercises
           of
           Religion
           to
           which
           no
           forms
           or
           manners
           are
           prescribed
           ,
           then
           I
           query
           to
           all
           you
           Judges
           ,
           Justices
           &
           Executors
           of
           the
           Law
           ,
           what
           Exercises
           of
           Religion
           have
           been
           performed
           in
           the
           Meetings
           of
           those
           peaceable
           people
           ,
           in
           scorn
           called
           Quakers
           ,
           whom
           you
           have
           so
           violently
           persecuted
           under
           pretence
           of
           the
           
           said
           Act
           ,
           that
           hath
           been
           in
           other
           manner
           than
           is
           allowed
           by
           the
           Lyturgy
           [
           or
           ]
           practice
           of
           the
           Church
           of
           England
           ?
           I
           say
           ,
           shew
           us
           and
           the
           Nation
           what
           they
           are
           ,
           and
           how
           they
           have
           been
           performed
           in
           other
           manner
           than
           is
           allowed
           ,
           &c.
           
           And
           if
           you
           do
           not
           (
           as
           sure
           you
           cannot
           )
           then
           will
           not
           the
           Nation
           ,
           as
           well
           as
           we
           ,
           see
           that
           you
           make
           the
           Law
           but
           a
           meer
           pretence
           and
           colour
           ,
           under
           which
           you
           execute
           your
           own
           wrath
           ,
           enmity
           and
           prejudice
           against
           the
           Innocent
           .
           And
           then
           it
           is
           time
           for
           you
           to
           cease
           your
           false
           and
           opprobrious
           language
           of
           
             Rebellion
             ,
             Stubbornness
          
           and
           
             Disobedience
             to
             the
             Laws
          
           ,
           to
           those
           who
           are
           made
           subject
           in
           their
           spirits
           ,
           not
           only
           to
           the
           Law
           of
           God
           ,
           but
           also
           to
           all
           just
           and
           equal
           Laws
           of
           men
           ,
           and
           see
           your selves
           to
           be
           those
           
             stubborn
             ,
             disobedient
          
           and
           stiffnecked
           persons
           ,
           not
           only
           against
           the
           Law
           of
           God
           in
           your selves
           and
           others
           ,
           but
           also
           against
           the
           Justice
           ,
           Equity
           and
           Truth
           of
           the
           Laws
           of
           this
           Nation
           ;
           and
           also
           the
           very
           letter
           of
           the
           Law
           ,
           under
           pretence
           of
           which
           you
           have
           injured
           ,
           wronged
           and
           spoiled
           so
           many
           hundreds
           ,
           not
           only
           in
           their
           Liberties
           and
           Estates
           ,
           but
           very
           many
           of
           their
           Lives
           also
           .
           Oh
           surely
           the
           Lord
           will
           yet
           again
           ,
           as
           in
           dayes
           past
           ,
           arise
           and
           plead
           the
           Cause
           of
           the
           Innocent
           and
           Oppressed
           ,
           and
           raise
           up
           the
           Spirit
           of
           Justice
           and
           true
           Judgment
           in
           this
           Nation
           ;
           and
           then
           in
           that
           day
           how
           will
           you
           be
           able
           to
           answer
           or
           make
           satisfaction
           for
           the
           hundredth
           part
           of
           that
           dammage
           and
           spoil
           you
           have
           made
           upon
           the
           Innocent
           !
           O
           therefore
           that
           you
           might
           hear
           and
           fear
           ,
           repent
           and
           do
           no
           more
           so
           ,
           that
           the
           Judgment
           threatned
           you
           might
           escape
           .
        
         
           But
           to
           return
           .
           I
           shall
           take
           it
           for
           granted
           ,
           till
           it
           be
           denied
           ,
           that
           it
           is
           the
           practice
           of
           the
           Church
           of
           England
           ,
           to
           allow
           all
           persons
           to
           use
           their
           own
           forms
           or
           manners
           in
           such
           Exercises
           of
           Religion
           as
           have
           no
           forms
           or
           manners
           prescribed
           :
           And
           then
           I
           say
           ,
           first
           ,
           to
           you
           in
           Commission
           for
           the
           Peace
           ,
           or
           chief
           Magistrates
           of
           Corporations
           ,
           that
           unless
           it
           doth
           appear
           or
           be
           proved
           to
           you
           ,
           that
           there
           are
           private
           Meetings
           ,
           where
           there
           is
           some
           exercise
           of
           Religion
           or
           other
           used
           ,
           that
           have
           prescript
           forms
           ,
           and
           are
           used
           in
           other
           manner
           than
           is
           prescribed
           ,
           it
           is
           not
           lawful
           for
           you
           to
           find
           or
           commit
           the
           persons
           ,
           present
           at
           such
           Meetings
           ,
           to
           Prison
           ,
           for
           refusing
           to
           pay
           Fines
           wrongfully
           imposed
           on
           them
           ;
           but
           rather
           protect
           and
           defend
           the
           peaceable
           and
           quiet
           Meetings
           of
           such
           ,
           who
           at
           their
           Meetings
           use
           no
           other
           manner
           of
           Exercise
           of
           Religion
           but
           such
           as
           is
           allowed
           by
           the
           Lyturgy
           [
           or
           ]
           practice
           of
           the
           Church
           of
           England
           .
        
         
           2dly
           .
           You
           of
           the
           
             Grand
             Jury
          
           ,
           who
           have
           sworn
           to
           make
           your
           Presentments
           free
           from
           fear
           ,
           favour
           or
           reward
           ,
           and
           to
           present
           
             the
             truth
             ,
             the
             whole
             truth
             ,
             and
             nothing
             but
             the
             truth
             ,
          
           How
           can
           you
           with
           good
           conscience
           present
           any
           for
           being
           present
           at
           an
           
             Assembly
             ,
             Conventicle
             or
             Meeting
             ,
             under
             colour
             and
             pretence
             of
             Exercise
             of
             Religion
          
           [
           
             in
             other
             manner
             than
             is
             allowed
             ,
             &c.
          
           ]
           when
           nothing
           of
           the
           Religious
           Exercise
           ,
           or
           manner
           of
           it
           ,
           
           hath
           been
           proved
           to
           you
           ;
           And
           if
           it
           hath
           ,
           then
           ought
           you
           not
           to
           express
           the
           particular
           Exercise
           of
           Religion
           ,
           with
           the
           manner
           of
           it
           ,
           in
           the
           Bill
           of
           Presentment
           ,
           that
           it
           may
           appear
           to
           others
           ,
           as
           well
           as
           to
           your selves
           ,
           that
           it
           was
           in
           other
           manner
           than
           is
           allowed
           by
           the
           Lyturgy
           or
           practice
           of
           the
           Church
           of
           England
           ?
        
         
           
             3dly
             .
             I
             shall
             say
             somehing
             to
             you
             of
             the
          
           Petty
           Jury
           ,
           
             in
             whom
             the
             final
             Judgment
             in
             this
             matter
             doth
             reside
             :
             You
             take
             this
             Oath
             following
             ;
             viz.
          
           You
           shall
           well
           and
           truly
           try
           ,
           and
           true
           deliverance
           make
           ,
           between
           our
           Soveraign
           Lord
           the
           King
           ,
           and
           the
           Prisoners
           at
           the
           Bar
           (
           whom
           you
           shall
           have
           in
           charge
           )
           according
           to
           your
           Evidence
           .
           So
           help
           you
           God.
           
        
         
           It
           seems
           you
           are
           
             sole
             Judges
          
           between
           the
           King
           and
           the
           Prisoners
           at
           the
           Bar
           ,
           as
           to
           the
           matter
           of
           Fact
           ,
           and
           this
           you
           are
           to
           do
           
             truly
             ,
             according
             to
             your
             Evidence
             .
          
           Now
           when
           Indictments
           come
           before
           you
           upon
           the
           said
           Act
           ,
           you
           are
           warily
           to
           consider
           the
           Indictment
           ,
           which
           ought
           to
           express
           the
           
             particular
             Exercise
             of
             Religion
          
           used
           at
           such
           Meetings
           ;
           but
           if
           it
           run
           only
           in
           general
           terms
           ,
           as
           hitherto
           they
           have
           done
           ,
           that
           the
           persons
           named
           were
           present
           at
           such
           a
           time
           ,
           in
           such
           a
           place
           ,
           at
           an
           
             Assembly
             ,
             Conventicle
             or
             Meeting
             ,
             under
             colour
             or
             pretence
             of
             Exercise
             of
             Religion
          
           [
           
             in
             other
             manner
             than
             is
             allowed
             by
             the
             Lyturgie
             or
             practice
             of
             the
             Church
             of
          
           England
           .
           ]
           You
           being
           sworn
           to
           go
           according
           to
           your
           Evidence
           ,
           you
           ought
           to
           have
           clear
           and
           sufficient
           Evidence
           in
           all
           the
           afore-mentioned
           particular
           qualifications
           ;
           Also
           ,
           that
           these
           very
           persons
           
             have
             been
             twice
             before
             convicted
             of
             the
             like
             offence
             before
             two
             Justices
             of
             the
             Peace
             ,
             or
             the
             chief
             Magistrate
             of
             such
             Corporation
             where
             there
             is
             not
             two
             Justices
             of
             the
             Peace
             ,
             in
             due
             manner
             ,
             and
             according
             to
             the
             form
             of
             the
             Statute
             in
             that
             case
             made
             and
             provided
          
           ;
           which
           must
           appear
           upon
           Record
           under
           their
           hands
           and
           seals
           :
           which
           Record
           ought
           to
           express
           the
           matter
           of
           Fact
           ,
           with
           all
           plainness
           and
           clearness
           ;
           not
           in
           general
           terms
           ,
           for
           that
           is
           not
           sufficient
           ,
           but
           ought
           to
           express
           the
           particular
           Exercise
           of
           Religion
           ,
           with
           the
           manner
           of
           it
           ,
           that
           it
           may
           appear
           to
           you
           ,
           the
           persons
           were
           duly
           convicted
           as
           the
           Law
           requires
           .
           And
           this
           you
           are
           to
           consider
           ,
           that
           the
           
             matter
             of
             fact
          
           ,
           which
           ought
           to
           be
           proved
           to
           you
           ,
           is
           twofold
           ;
           the
           first
           and
           principal
           is
           ,
           That
           the
           Exercise
           of
           Religion
           used
           at
           such
           Meetings
           was
           
             in
             other
             manner
             than
             is
             allowed
             ,
             &c.
          
           else
           the
           second
           matter
           of
           fact
           ,
           to
           wit
           ,
           
             the
             being
             present
             at
             the
             Meeting
             ,
          
           can
           be
           no
           offence
           :
           which
           must
           be
           proved
           by
           shewing
           ,
           that
           the
           Religious
           Exercise
           used
           was
           some
           Exercise
           of
           Religion
           to
           which
           the
           Church
           of
           England
           hath
           prescribed
           a
           particular
           form
           ,
           and
           notwithstanding
           was
           performed
           in
           other
           manner
           than
           is
           prescribed
           ,
           else
           it
           cannot
           be
           
             in
             other
             manner
             than
             is
             allowed
             ,
             &c.
          
           as
           is
           before
           expressed
           .
        
         
           If
           these
           things
           cannot
           be
           proved
           ,
           you
           are
           perjured
           men
           that
           shall
           give
           in
           your
           Verdict
           ,
           that
           
             the
             Prisoners
             are
             guilty
             in
             manner
             and
             form
             as
             they
             stand
             indicted
             ,
          
           when
           the
           principal
           part
           of
           the
           matter
           of
           fact
           is
           not
           proved
           
           unto
           you
           .
           If
           the
           Judge
           shall
           say
           ,
           as
           he
           useth
           to
           do
           ,
           that
           having
           proved
           that
           the
           persons
           mentioned
           were
           at
           the
           Meeting
           ,
           and
           that
           the
           Meeting
           was
           upon
           a
           Religious
           Account
           :
           here
           is
           the
           matter
           of
           fact
           clearly
           proved
           ,
           and
           there
           needs
           no
           more
           to
           find
           the
           persons
           guilty
           .
        
         
           I
           say
           ,
           and
           am
           ready
           to
           maintain
           it
           ,
           That
           such
           Evidence
           is
           not
           sufficient
           to
           prove
           the
           Indictment
           :
           For
           though
           this
           is
           matter
           of
           fact
           ,
           yet
           it
           is
           not
           all
           the
           matter
           of
           fact
           ;
           nay
           ,
           it
           's
           but
           the
           least
           part
           :
           for
           the
           principal
           matter
           of
           fact
           is
           the
           
             Religious
             Exercise
          
           ,
           being
           
             in
             other
             manner
             than
             is
             allowed
             ,
             &c.
          
           and
           if
           this
           be
           not
           proved
           ,
           though
           the
           other
           be
           proved
           never
           so
           clear
           ,
           yet
           you
           cannot
           with
           good
           conscience
           ,
           according
           to
           your
           Oaths
           ,
           bring
           the
           persons
           in
           guilty
           in
           manner
           and
           form
           as
           they
           stand
           indicted
           :
           For
           consider
           ,
           the
           Indictment
           doth
           not
           only
           say
           ,
           that
           the
           persons
           mentioned
           were
           present
           in
           such
           a
           place
           at
           a
           Meeting
           ,
           
             under
             colour
             or
             pretence
             of
             Exercise
             of
             Religion
             ,
          
           but
           also
           under
           colour
           or
           pretence
           of
           Exercise
           of
           Religion
           
             in
             other
             manner
             than
             is
             allowed
             by
             the
             Lyturgy
             or
             practice
             of
             the
             Church
             of
             England
             :
          
           and
           so
           saith
           the
           Act
           :
           But
           on
           the
           contrary
           ,
           ought
           to
           acquit
           or
           bring
           in
           the
           Prisoner
           
             not
             guilty
             of
             the
             Indictment
          
           ,
           lest
           the
           Judgement
           and
           severity
           of
           God
           (
           to
           whom
           alone
           in
           point
           of
           Conscience
           you
           are
           accountable
           in
           this
           matter
           )
           take
           hold
           of
           you
           ,
           as
           it
           hath
           done
           of
           some
           ,
           who
           through
           fear
           have
           ,
           contrary
           to
           their
           Consciences
           ,
           consented
           ,
           with
           others
           ,
           to
           the
           bringing-in
           the
           Innocent
           guilty
           ,
           in
           manner
           and
           form
           as
           they
           stood
           indicted
           :
           Witness
           
             Thomas
             Leader
          
           his
           Acknowledgment
           ,
           in
           a
           Paper
           in
           print
           under
           his
           own
           Name
           ,
           entituled
           ,
           
             The
             Wounded-Heart
             ,
             or
             the
             Jury-mans
             Offence
             declared
             ,
             &c.
             
          
        
         
           What
           I
           have
           written
           ,
           I
           shall
           commit
           and
           commend
           to
           the
           Witness
           of
           God
           in
           the
           Consciences
           of
           all
           concerned
           ,
           especially
           you
           that
           may
           serve
           of
           this
           Jury
           ,
           that
           so
           you
           may
           see
           your
           own
           work
           more
           plain
           and
           clear
           before
           you
           ,
           and
           be
           left
           without
           excuse
           .
        
         
           
             Written
             
               in
               the
               first
               month
               ,
               1665.
               
            
          
           
             By
             
               Thomas
               Gibson
            
             ,
             Prisoner
             in
             Newgate
             ,
          
           
             under
             the
             unjust
             sentence
             of
             Transportation
             to
             Jamaica
             .
          
        
         
           THE
           END
           .
        
      
    
     
       
         Notes, typically marginal, from the original text
         
           Notes for div A42709-e10
           
             †
             For
             to
             such
             all
             the
             King's
             Promises
             of
             Indulgence
             are
             renewed
             in
             his
             Declaration
             of
             the
             26th
             of
             Decemb.
             1662.
             which
             see
             more
             at
             large
             .