Sufferings and Oppressions of Many Christians in Devon, Postscript
A POSTSCRIPT.
THough I have given an Account to the World of thoſe miſerable, and deplorable Oppreſſions that very many in Devon, Labour and Groan under; yet have I not made known all, for want of a perfect and true Relation thereof, neither have I declared all the unjuſtifiable Actions of their Oppreſſors: As how Mr. Bear vin…d …eech (the Judas) after he had Rob'd a Woman in the way as the … going home, coming towards her with his Sword drawn, demanded if her Money, which ſhe durſt not deny him. How he hath detained the Third part of the Money, due to the Poor of ſeveral …ſhes, where he hath made ſeveral Conviction of Conv… (and if I miſtake not too, after it hath been demanded) how he …uraged a Conſtable, when he was to Execute his Warrant for Diſtreſs; to take a 100 pounds worth of Goods, for 5 or 6 pound, telling him that he paying the Money for which the Diſtreſs was taken, he might keep the Overplus; and ſhould not be liable to return it. How he ſent a young man of Kingsbridg, to the common Goal (contrary to Law) for not coming to the Common Prayer, when there was none publickly Read in the Town Church. How he bound over to two Seſſions, a perſon whom he ſuppoſed was at a Conventicle (putting him to great charges and trouble) becauſe he would not take his Oath there was one, that he with Leech, might make two Witneſſes to prove the ſame. How he made the Rich pay for the rich, when he knew not how to come by their Eſtates, which is contrary to the Law; which ſaith, they muſt be poor, and unable to pay, when their Fines are to be Levied upon thoſe that are able. How he Fin'd one for another, that died 3 or 4 years agoe. How he commanded violently to Break open Doors to take Diſtreſs, which is not required by the Law, with many other Illegal Actions, that he's deeply guilty of. I have Omitted likewiſe the horrid Injuſtice of Sir Peter Prideux, in his dealings with Mr. Collings of Mary Otery, a Non-conformiſt. I have made as ſevere a Scrutiny, and Critical a Search as I poſſibly could, into the Actions of all theſe fore mentioned Juſtices, ſo far as they do reſpect the Execution of the Act againſt Conventicles; and moſt of them appears Extra, or Contra-Legal. Let but ſome of the words of the Act be examin'd and rationally weighed, in the Ballance of an unprejudiced Mind, and Judgment, and then the Illegality of their Proceedings, and Convictions will appear. The Number of Perſons prohibited to Meet is Five, of, or above 16 years of Age; the Ground of this Prohibition, is their Congregating or Aſſembling themſelves together under Colour, or pretence of any Exerciſe of Religion in other manner, than according to the Liturgie, or Practice of the Church of England, &c. Page the 4th. This being ſo, two things muſt be proved. Firſt, That there is ſome Exerciſe of Religion among them. Secondly, That it's diſſonant, and diſagreeable both from the Liturgy, and Practice of the Church of England. Which words are Copulative, and not disjunstive, ſo that if they be guilty of the one abſtracted from the other, they cannot be liable to the penalty of the Law: Which things were ſcarſe ever prov'd, but only taken for granted, neither is it facil, or poſſible to prove it, unleſs ſome ſhould be Eye, or Ear-witneſſes from the beginning to the end of the Meeting. If two Witneſſes ſhould come to a Conventicle, when a Non-conformiſt is Praying or Preaching, &c. they muſt Swear there was no Divine Exerciſe conſonant to the Liturgy, &c. before they came; or they'l prove nothing to warrant a Legal, and rational Conviction, and if there be ſinging of Pſalms (ſuch as are allowed by Authority, and uſed publickly) Preaching, and Praying before Sermon, it's according to the practice of the Church of England, without a Worſhip agreeable to the Liturgy; yet are they not Obnoxious to puniſhment, becauſe they are not guilty of the Neglect of both, the words being as was ſaid before, Copulative, and not Diſjunctive. The Law againſt Conventicles, determines a three-fold way for proof to a Magiſtrate, to proceed unto a Conviction upon, either confeſſion of the Party; or Oath of two Witneſſes, or by notorious Evidence, and Circumſtance of Fact. Page 4. The two former, theſe Juſtices never had, for Informers cannot be Witneſſes, being parties concern'd (to aſſert this, is as abſurd as to affirm a man may be a witneſ, for himſelf, or in his own cauſe) the laſt they ſeldom or never had; that is ſuch a Notirious Evidence and Circumſtance of Fact, as is as clear and valid a proof, as the two former, for ſuch muſt it be, it is not what men judg to be ſuch from Malice, or Avarice, but what is ſo in it ſelf, for what is only productive of meer Probabilities, or Haeſitating conjectures is no proof. If a Law were made, that whoſoever goes into a Bawdy-Houſe, or Stews, to commit Ʋncleanneſs (that Reigning, predominate Beſtial ſin among us) ſhall be liable to ſuch a puniſhment, upon proof made any of theſe three ways. I believe there are ſome, very eager and zealous to Execute the Law againſt Conventicles, that would think it a very irrational and unjuſt thing to Convict a perſon of this Crime, either by his going into ſuch a place, though he was not ſeen come out, or by being ſeen to come out, though not to go in, or both, or only by being found there without any Immodeſt poſture: This is the very Caſe as to that notorious Evidence, and Circumſtance of Fact, that moſt of our Juſtices make the proof of a Conventicle. Sometimes ſeveral Chriſtians may meet together, without any ſet and ſolemn Exerciſe of Religion, and though they might intend it, yet many times it may be prevented; but going in, or coming out of a Houſe, or being found there, is made a Circumſtance evincing enough with our Juſtices. If it be Objected by way of defence, that this Act and all Clauſes therein contained, ſhall be conſtrued moſt Largely, and beneficially for the Suppreſſing of Conventicles, and for the Jaſtification and Encouragement of all perſons to be imployed in the Execution thereof, as page 12. of the Act. It may be Anſwered, That this muſt be underſtood either ſo far as things are, or perſons Act agreeable to the Rules of Common Juſtice, or Right Reaſon (though all things of that Nature be not Expreſſed in the Act) or elſe we muſt ſuppoſe his Majeſty, and our Legiſlators did intend and deſign nothing hereby but Wrong, and Injuſtice, which is not to be aſſerted,
I hope all theſe things in Conjunction together ſeriouſly weighed, and conſidered, may rationally plead for his Majeſties interpoſing betwixt his Diſtreſſed, and Oppreſſed Subjects, and the Violence and Injuſtice of their Oppreſſers. If their Purſes (who are ſo many, and ſo conſiderable a wealthy party in this Nation) be thus Evacuted, and Exhauſted, and ſuch a conſtant Devoration and Conſumption, made of their Eſtates by thoſe country Caterpillers (which brings not the leaſt profit of Advantage to his Majeſty, nor affords any Support to his Government,) How is it poſſible that he ſhould have adaequate and proportionable Supplies of Money to his wants? Can men make Brick without Straw? Give Money when they have it not? Or what Encouragement can Thouſands have (whom this Act concerns) to improve to the utmoſt, their Eſtates by Trading, when they know to what Gredy Hounds they ſhall be made a Prey. That they who are, or may (by the bleſſing of God upon their lawful Endeavours) be Rich, ſhall be reduced to miſerable Poverty, to enrich others who are miſerably poor, and who will not continue long Rich. I think it's not difficult to demonſtrate how the violent Execution of the Act againſt Conventicles hath more Enervated, and decayed Trade (which will ever prove the ſtrongeſt, and firmeſt Pillar for Government to be ſupported with, and to project, or aſſert the contrary, will terminate Indefeatably at last in a political Soleciſm) hath pauparized and Impoveriſhed more perſons, and Families in this Nation, than any one thing (yea more than many things that may be judged Burdenſome and Exhauſting) for theſe many years. How loud a Cry ſhould this have in the Ears of his Majeſty for ſome Indulgence, and a Relaxation of the rigorous Execution of ſuch a Law againſt ſo many Thouſands of his faithful Subjects, and to blunt the Edg of this Sword that Cuts in pieces, and mangles ſo many Members of that Body, that he is the Royal, and Supream Head of; which with much Facility may be done, not only by Vacating and Repealing the Law, or ſuperceding it by his own Prerogative, but as he hath all Executive power of Law, to hinder the Execution of it in a way Subſervient to the Malice, penury, and Avarice of many of his Juſtices in the County; which may be done, and yet it remain a Law, by declaring what is the proper Genuine ſenſe, and Conſtruction of words and phraſes in it, and then to ſuffer it to be Executed in no other manner than what's agreable to the ſame. As that though there be never ſo many under 16 years of age, yet it's no Conventicle when there are no more than four of, or above that age, beſides the Houſhold. That no Informers ſhall be Authentick witneſſes: that it ſhall be no Conventicle unleſs it can be prov'd, that the Exerciſe of Religion from the beginning to the end thereof, was in other manner than according both to the Liturgie, and practice of the Church of England. That nothing ſhall be judg'd a notorious Evidence, and circumſtance of Fact, but what can be as certain and clear a proof of the Fact, as the Confeſſion of the party, or Oath of two witneſſes, ſo as ſtill to be conſonant that Axiom, Poſita Circumſtantia rei, ponitur res ipſa (and not to leave it to every Malicious, Indigent, and Avvricious Juſtice, to judg what he pleaſeth to be ſuch an Evidence, and Circumstance) that no Conſtables, Church-wardens, &c. ſhall be liable to the Mulet of 5 l. for not executing Warrants for Diſtreſſes, ſeeing the Act doth not expreſs it, page 6. (the penalty of 5 l. referring onelyonly to ſuch Officers Neglects of Informing ſome Magiſtrate when he knows, or is credibly Inform'd, Conventicles are held within his Precincts, Pariſh, or Limits, and ſhall not endeavour the conviction of the parties, pag. 11. of the Act againſt Conventicles) that when it is ſaid pag. 12. That this Act, and all Clauſes therein contained, ſhall be conſtrued moſt largely, and beneficially for the Suppreſſing of Conventicles, and for the Juſtification and Encouragement of all perſons to be imployed in the Execution thereof: It muſt be underſtood ſo far as it's agreable to other Laws, Rules of Juſtice and Reaſon. That no Juſtice of the peace, or chief Magiſtrate, ſhall be ſubject to the Beck of every Informer, to go to any Houſe, or place where he is Inform'd a Conventicle is, or elſe forfeit the Sum of 100. pounds, the Law not Expreſſing it, and that having paid one 100 l. he can forfeit no more by the Law. And that whoever forfeits one 20 l. for any Houſe, Out-houſe, Barn, Yard, or Backſide, ſhall be liable to no other forfeiture ever after, by vertue of this Act, it not expreſſing it. That Fields not being mentioned in the Act, the Owner of them cannot forfeit 20 l. pag. 8. Notwithſtanding, meeting in ſuch places, make a Conventicle, pag. 4. That no Meetings in publick Churches for Religious Exerciſes, ſhall be adjudg'd Conventicles (a Conventcile being properly a Meeting of perſons together clandeſtingly, and in ſome private place for an evil end) for though the Law ſaith, pag. 4. That if the Aſſembly be in a Houſe where there is a Family Inhabiting, or if it be in a Houſe, Field or place, where there is no Family Inhabiting, then the Magiſtrate upon proof ſhall puniſh them: Yet the word place, though it ſeem to be a Generical term, it cannot Rationally comprehend a publick Church, for we muſt ſuppoſe a Law not to be made againſt Reaſon. And it's highly Irrational to judg a Conventicle (according to the proper Notion, and common acceptation of it) which is in ſo publick a place, that every one that pleaſeth may come, and both ſee and hear what is done and tranſacted; the word place muſt therefore be ſuch as a Houſe, Field, &c. that it is private in oppoſition to one of publick uſe, by Authoratative appointment. And laſtly, That no Meetings be puniſhed by Law, but at which under pretence of tender conſciences, Seditious Sectaries, and other diſloyal perſons contrive Inſurrections (for it's unreaſonable any ſhould have the leaſt favoux, that are not of a peaceable Deportment under his Majeſties Government.) pag. 3. And that it may be known whether any ſuch wicked contrivances be at them, let there be particular places for all Parties, and perſwaſions to Meet in, and let his Majeſty appoint whom he ſhall judg moſt fit, to be preſent at their Meetings, to hear and what they Preach, Pray, and Do, and make a true report to him: How far his Majeſty by his Supremacy in Eccleſiaſtical Affairs (which the Act againſt Conventicles doth not Invalidate, or Avoid) can Relieve his Subjects diſtreſt other ways, than by the Execution of this Act, his own Royal Wiſdom can ſufficient Dictate to him; but if he ſhall judg it fit to do both the former, and latter, who can be ſo Diſloyal, or Diſingenuous, as to deny him Heart, Hand, or Purſe, and not clap their Hands, and cordially ſay, God Save the King.
The Epoche of that Maxime (No Biſhop, no King) is the Reign of that profoundly Wiſe, and Learned King James, and no doubt it was then a true political Maxim, becauſe of that general Intereſt they had in this Nation, whereby they could afford conſiderable Support to the Crown of England: And it's very requiſite that the Supream Magiſtrate of any Chriſtian Nation, ſhould have a Catholick Intereſt in the Clergy, becauſe of the ſwaying and prevailing Influence it hath uſually upon Conſciences, when it's honourable in the Eyes of the people; but when their Intereſt is ſo debelitated, and languiſheth, being at a low Ebb, and becoming a waning Moon, and ſetting Sun in the Affections, and eſteem of the people, that are moſt conſiderable for Wiſdom and Wealth, and whereof there are many thouſands that did once Revere, and Venerate them) that they are Incapacitated to do that ſervice to Royal Majeſty, that formerly they could. And there is another kind of Clergy, whoſe Intereſt is far more conſiderable among the people: Why ſhould it not become a new Maxim in our Engliſh Politicks (Maxims of State many times varying with preſent Circumſtances, and Emergences, unto which they are to be accountated few, being calculated for all times, unleſs ſuch as have their foundation in Univerſal truth) No Non-conformiſt, no King. Let but his Majeſty try further, how far they can be Serviceable to him, and grant them their publick Freedom, and Liberty, to ſerve Lord, and he will find that with all Ʋnanimity, and a Joynt concurring conſent, they will ſay, O King Live for Ever.
FINIS.
End of the text · John Hickes, Sufferings and Oppressions of Many Christians in Devon (1671)