A TRUE AND FAITHFUL Narrative, Of the Unjust and Illegal Sufferings, and Oppressions of many Christians (Injurious­ly, and Injudiciously call'd FANATICKS, holding all the Fundamentals of the Christian Religion, Believing all the Articles of the Christian Faith; and whose Lives and Con­versations are as Consonant, and Agreeable to the Laws of God as theirs that Persecute them) under, and by several of his Majesties Justices of Peace, and others, who are no Officers, but Informers, in the County of Devon, since the Tenth of May, 1670 from a pretended Zeal, to put the Law against Conventicles in Execution.

AS ALSO, Of the most Malicious Prosecution of Nine Innocent Persons, to take away their Lives, under a False pre­tence of Murdering an Informer: And of the Tryals that were betwixt Matthew Hele, of Halwel, in the Parish of Pool, William Bastard, of Garston, in the Parish of West-Alvington, Esquires, and Mr. Edmund Reynel, and John Bear, (Called by a Nick-name Cocky Bear) Two Informers for pretended Neg­lects, of putting the Act against Conventicles in Execution, and the hard Measure they met with from the Judg; with the Horrid Perjuries of the Witnesses brought against them, at the Assizes held at Exon, in the County of Devon, April 1671.

Printed in the Year, 1671.

READER,

IT is not necessary, that thou should know who hath Compos'd, and Published, the ensuing Narrative, I shall only thus Characterize him to thee, that he is an Enemy to none that is a Friend to the Lord Jesus Christ, and his glorious Gospel; that he doth not value men by their most splendid Profession, but serious practice of Religion; not by Religious Notions, but by a Religious Nature; nor by being of a Party, but by the practice of Pie­ty; not by a not intemperate Zeal, either for Negative, or possitive Supersti­tion, or the slender Circumstances, but the Vital parts, and substance of Chri­stianity. He loves, esteems, and prefers an Episcopal person, that's a strict, and close walker with God, whose Life is consonant, and whose Actions are correspondent to that compleat and perfect Rule, which Divine Laws do con­stitute; before a prophane Presbyterian, or Independant, &c. and a Pious, Pain­ful Conformist, before a loose and lasie Non-conformist, when he knows it is so, though he must confess according to his Observation; the latter are not generally so morally Criminous, and Peccant as the former. He heartily de­sires, that in these three Nations, all were of a pacate Spirit, and peaceable Deportment towards each other, and that every one were dispossest of a cen­sorious Devil. And as he doth not think any form of Civil Regiment, to be of Divine Right, so he can Honour, and Pray for the Governments that God doth set over us; and though he earnestly desires that all may answer the end of Goverment, which is the Advancement of the Common Good (this being the will of the Universal Rector, as his Supream Law, or Rule in Politicals) and that every Law of theirs may be Congruous, and not contrary to the Laws of the Supream Monarch, and highest Legislator; and that all may have their Foundation in Right Reason, and common Equity, which may make their Obli­gation unquestionable, and give the Esse of a Law indeed to them; yet when they are not so, though he cannot yield an Active Obedience to them, yet he can a Passive Subjection to the Magistrate that makes them; distinguishing between the Authority of his Laws, and of his Person, so that though he judgeth not the former Obliging to his Conscience (or to speak as properly that his Conscience binds not to such Laws) yet he doth the Latter to his outward man, to keep it from resisting when Punished, though he could avoid such Punishment by Resistance.

He wisheth that the Smiles, and Favours of Royal Majesty, may be as a so­veraign Bals [...]me, to heal those many Wounds that are now made in our Body Politick, that it may at last be reduced to an Eucrasy, or a So [...]d, and health­ful Constitution; but if that cannot or must not be, he equally desireth, that they who feel the Smart, that Sigh, and Groan under the Anguish of them, may be of a Sedate Spirit, and to be perswaded unto a patient Tolleration thereof; till the chiefest Physitian by his Infallible and unerring Wisdom, [Page 4] contrive and provide a remedy that may insallably, and with irresistable [...]nergy, effecteth the Cure.

He will not charge it upon any of our Legislators, that they have made un­reasonable, and Unjustifiable Laws, to be as Swords, and Spears to make these deep and dangerous Wounds; to Vulnerate almost Mortally the greatest part of the Political Body, to gratifie a few Members thereof; but he asserts that an Illegal execution of Laws, makes these fresh-bleeding Wounds, which the en­suing Narrative will present to thy Vew, and which I hope, if thou beest but either a truly Pious, or Right Noble, and Generous Soul, thou cannot look up­on without pitty, and a compassionate Resentment. Not only Piety but Gene­rosity is productive of highest Compassions, and Commisserations. I hold it more Eligible by far to fall into the hands of a man, that hath a Soul bravely Impregnated with that principle (supposing him to want the other) then of him; whose Soul was scarce ever Elevated, and raised a Degree above a Dunghil, who Lives and Acts as if it were but the very Origin, and Off-spring thereof, knowing, and affecting nothing but Sordidness, and Baseness, such a one is most Insolent, Insulting, and Domineering, Proud, and Scornful, when he hath power, most Incommiserate, and Incompassionate, when others stand to his Mercy, and he sees he can Tread, and Trample upon them, he is most Re­vengeful when he hath an oppertunity, which he is ever greedily waiting for; and what ever is Indecotous for a man to do, or unbecoming Humanity, that will he do; or hath still an innate habit, or principal connatural with him, to act him thereunto, which will break forth, and shew it self if not curb'd, or restrain'd by some forraign force, or external power; for this reason, it's alwayes better to have a truly Valiant Person [...]or an Enemy, than a Coward, because if he Conquer, he will very tender of spilling Blood, unless there be an absolute Necessity that compels him to it. If therefore this Narrative can but have the Honour, and Happiness to kiss the Hand, and be Viewed with the Eyes of any truly Generous Spirit (which hath such a Law of Nobleness Enthron'd in it, as I am sure it cannot Violate) what ever perswasion he be of, I know he cannot but highly disdain the Actings of some, and pitty the the Wrongs, and Oppressions of others.

Why should not Sufferers hope? Our King is of that Mansuete, Milde, and Compassionate Temper, that if he did but Read, and had but a right In­formation of such things as are contained in this Narrative: (But alas! There are too many which endeavour a prevention of their access unto, and arrival at his Eare, and Eyes, or represent them in a false Glass; and this is many times the Misery of Princes, and a considerable cause of their Miscariages in Government, that they cannot hear with their own Ears, from those that would give a right Information and true state of Persons, and things; nor see with their own Eyes what is needful to be Exposed to the View, and lye open to the Observation thereof) but he would endeavour some speedy Relief for the Oppressed, if not grow Big with Royal Indignation against the Oppressers.

I shall not much concern my self, whether this Narrative be Grateful, or [...]teful to the Reader, seeing it's composed of Truth; for what I have Collected, and Published, I have done it with awful Apprehensions of the severe inspection of God's All-seeing Eye; and therefore would not wilfully, [Page 5] and wittingly send abroad Falshood to Travel in the World, neither would I deviate or vary from Verity in the most minute, and Inconsiderable Circum­stance: But if I should, as possibly I may, yet I hope I shall be pardoned by the Candid Reader, and that he will become an Advocate for me (seeing the best, and truest Historians are Obnoxious to such mistakes) so long as the Substance is true: Which take as followeth.

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. [Page] 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 [Page] 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 [Page] 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 [Page] 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 onely 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 [Page] 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.

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