NOthing can be so well and commendably done, but the Wit and Malice of Evil Men, through the Instigation and Assistance of the Apostate Spirits (who rule in the Minds of all such, and carry them captive at their Will) is able to misrepresent it as evil, blame worthy and detestable. Nor ever was, or can any thing be well undertaken, and begun for the Glory and Ser­vite of Almighty God, the Honour of the Christian Reli­gion, or the Good of Men; but it alway hath, and certain­ly will meet with all Opposition possible, by those Princi­palities, Powers and Wicked Spirits, with whom we contend in those unhappy Subjects of their Empire of Darkness, in whom they really act, riding them as an Ape a Mastiff-Dog, though their proper Residence be in the vast Regions of the Air. And when mortal Men undertake any such real Good Works upon their own Head, in their own Strength pre­suming upon that, or other plausible Work for their own Glory, though under the Self-deceit of a better Design, without the Presence and Assistance of the Invisible Mini­sters of the Divine Providence, and out of their Conduct, [Page 2]though with never so great Appearance of Humane Power and Ability, they are easily baffled and over-power'd, and their Work defeated, if not turned to the Disadvantage of what was proposed. But when the Work is of God, though the Beginning be never so small, the Means never so difficult, the Instruments never so weak on unlikely, it must stand; and the Gates or Ports of Hell; that is, in the Scripture­sense, the Grand Sessions of Devils, with all their secret Councils and Cabals, and all their Power, shall not be able to prevail against it, or defeat it. It is true, wicked Men shall have only a Temporal Reward for their Service; and those who do not fully follow the Divine Conduct, but ei­ther seek their own Glory more than the Glory of God, or yielding to the deceitful Counsels of Worldly Wisdom neglect what is most for his Honour and Service, shall be blasted, and lose the Honour they might otherwise have acquired: But the Work shall go on and succeed notwith­standing, and all Opposers be crushed and oppressed, and deceitful Workers confounded. This is strange Doctrine and new Philosophy to the Sentiments of this degenerate sensual and brutish Generation: But it is in it self notwithstanding old, true, and certain. And whoever they are, who either in publick or private Affairs, act without due regard to those Invisible Powers, they act but as Brutes, Fools, and People in the dark, though they may seem to be very success­ful in many respects: for never was any considerable thing done in the World, without the Interposition of some of those Powers. Of most of this some Instances may be observed in what follows.

The King was no sooner invited to the Administration of Affairs in this Nation, than he was to the exerting of his Au­thority, and the Reputation and Advantages, which God had given him, toward the most necessary Work of a Refor­mation of that Wickedness, and those abominable Impieties, which had overspred the Nation, and provoked the Judg­ments of God against his Predecessors, that he might there­by [Page 3]secure the Blessing of God upon his Administration: But it is not strange, if where Christ had his Messenger, the De­vil had his Ministers, Elymas like, to pervert the Right Ways of God, and turn away his Deputy from the Faith and Belief of those things, which were so necessary at that Time and Season. And though the same Necessary Work hath been divers times, upon special occasions, much pressed since, yet nothing hath been produced by that means, unless that Letter to the Bishops, which commendable indeed in it self, yet was so defective in respect of what ought to have been done, that it may justly be feared, that it had no better Acceptance with God than it hath had Effect a­mongst Men to this purpose. True Philosophers have for many Ages been little regarded in Princes Courts; but for the most part been misrepresented and excluded by Syco­phants, Flatterers, and the Masters of vulgar Politicks, not to say Pimps and Panders, and the most dissolute, licentious, and worst of Men. But though the Evil Counsels, which for some time have prevailed, and intercepted from the King that Honour and Success, and from the People those Bene­fits, they might before this time otherwise have enjoyed, were long secret; yet by the special Providence of God they have since appeared in publick: And it may be hoped, as it is our Duty to pray, that God will, notwithstanding all for­mer Errors, yet give their Majesties understanding to discern the vast difference there is between True Wisdom, and the Evil Counsels of such Vulgar Politicks, both in the Event and in the Principles.

The same Necessary Work hath also been proposed to the Parliament, but there stop'd and suppress'd, by the mean Prudentials of such as ought to have been, in a special man­ner, the most generous and zealous Promoters of it: But as since that time the Good Providence of God, and the Wis­dom of his Majesty hath supplyed us with some Persons, from whom we may expect better things, so that Good Pro­vidence of God hath not been wanting to his own Work in [Page 4]other respects; and from a small Beginning, will, I doubt not, carry it on to Perfection, through all Opposition, and to the Confusion of all, who shall dare either openly or secretly to give any interruption or disturbance to the Pro­gress of it.

About this time the last year, the Officers and Inhabitants of the Tower-Hamlets, upon occasion of their Majesties Pro­clamation for the apprehending of Highway-men, Robbers, &c. considering that Common Bawdy-houses were the usual Nurseries and Receptacles of such evil People, resolved to use their utmost Diligence and Endeavours to suppress the same; and for that purpose, drew up an Agreement in Writing under the Hands of many of them, which was afterwards prosecuted with very good Success. And this was remotely the occa­sion of another Agreement, of which I shall give a more par­ticular Account, as followeth:

One of these Subscribers, coming afterwards to live in the Strand, recommended this, and proposed something of the like Nature to a Gentleman, whom he believed to be ready to embrace and promote any good Proposals for the Benefit of his Country; and who thereupon proposed it to some other Gentlemen of his Acquaintance, whom he thought had Leisure, and were well affected to such Works; who likewise readily embraced the same. And they all agreed to meet once a Week, not at any certain Place, but such as from time to time they should think most convenient, to consi­der of some such Undertaking, and to promote it what they could.

But those Gentlemen being all but one private Persons, and living in several Parts, and not likely to be constantly Resi­dent and Inhabitants about London, could not conveniently engage in any such Parish-work; but leaving that to the In­habitants of the several Parishes, thought something of a more universal Nature, and such as private Persons by their Pains and Purses might promote, more proper for them: And thereupon began to consider how they might best pro­mote [Page 5]the Execution of such Laws, as we have against all man­ner of Prophaness and Debauchery.

And considering that all this Mischief, which like a Tor­rent had overspread the whole Nation, and all Ranks and Degrees of People in it, proceeded indeed from the evil Ex­amples of the late Reigns; but yet received great Encourage­ment from the Remissness and Negligence of the Magistrates and Iustices of the Peace, in not duly executing the Laws, as by their Oaths they are obliged to do: This appear'd a Difficulty above their Power to overcome, and for which no proper and effectual Remedy could be thought on below Her Majesty's Authority.

It was then not long before a General Sessions was to be held at Hicks-Hall for the County of Middlesex; and Her Majesty was no sooner moved for her Letter, to recommend and require the strict Execution of those Laws, to the Justices there; then she did most readily and graciously receive the Motion, and commanded a Letter presently to be prepared as full as might be for that purpose. And as well for a me­morable Instance of her Piety and Vertue, as for the Autho­rity of it, and relation it hath to the Business in hand, I think fit here to insert it, as followeth.

This was the Letter, and, besides others afterward, it had this happy Effect, or Consequence, at least, immediately following: In bord date the Ninch of July; the Tenth it was delivered to the Justices; the Eleventh they made their Or­der pursuant to it; and the very next day, it is observable, had we that famous Victory in Ireland; as if the Almighty, who by his Wisdom disposeth the Times, Seasons, and Cir­cumstances of all things, designed that very time for the Engagement, (which, as I take it, neither party then intended,) to demonstrate or signalize his Favour upon so small a Be­ginning of a Reformation.

No doubt but some, who think themselves wise, will smile at least, or shake their Heads, at this Observation. But they must know, that it is not Wisdom, but often folly and stu­pidity, not to take notice of such Minute Things, as the Vulgar (even of learned and reputed Wise Men) little re­gard. And though from such Circumstances considered alone it may not be fit to be very positive in concluding such Infe­rences; yet from a concurrence of divers Circumstances, a truly Wise Man may receive such satisfaction for the happy and successful guidance of his Actions, as the Wisdom of the World is not capable of. And the Truth is, Divine In­dications are for the most part rather by such secret Hints and unobserved Admonitions, as the wisest of Worldly Men would over-look, than by such sensible Incitations as might move a Horse or a Mule; though even such are often overlooked by many who think themselves wise, and too of­ten by such as are in some degrees Partakers of the true Ce­lestial Wisdom. Because they regard not the Works of the Lord, nor the Operation of his Hands, he will destroy them, and not build them up: But, whose is wise will ponder these things, and they shall understand the Loving Kindness of the Lord.

And therefore passing by former Occurrences, upon this Occasion I think fit to add here a brief Observation upon some of this Year. In the War in Ireland His Majesty was concerned in Interest more than in Honour; because he was [Page 8]not engaged in Person in it, and it was not managed under his immediate Conduct. But in the Common Cause of the Confederates he was more concerned in Honour, being per­sonally engaged in it. A Noble Confederacy it is indeed and a Just and Honourable Cause; and it hath been bless'd with no mean Success in general. But if we consider the Particulars; though there hath been nothing wanting, ei­ther of Courage, Activity or Conduct in the King, and he had a great and powerful Army under his Command; yet hath he so failed in Success, that he hath been able to do no­thing at all. Ireland hath been reduced without him; the Emperor's Forces have had such Success against the Turks, when they were more in danger to have been destroyed by them, than to have obtain'd such a Victory, that the Turks have been forced to a Truce: And those in Savoy have had the like, forcing the French General to retire into his Ma­ster's Territories. But those under the immediate Command of King William, have been like the bewitched Cart, I for­merly mentioned, and been able to effect nothing at all; but on the contrary, he suffered some Diminution of his Honour at the beginning, by the loss of Mons almost before his Face; and some also, in conclusion, by the French falling upon his Rere. I know that short-sighted Men can easily satisfie them­selves with some supposed visible Causes of all this. But whatever they think, these things are ordered by a secret Hand of Providence; which no Man, who hath any true Sense of Religion, can deny. What then may be the Rea­son of this, in relation to that over-ruling Providence? I will not say again what I have so often said; and since a third Years Experience hath now confirmed what I said at first. It is true, the Work of God doth, and must go on, and suc­ceed; and he hath, and, I believe must still have, for some time a great Hand in it; but, I doubt, unless he be better advised, and take better Counsels, it will be but of Service, not of Honour; that part will be given to others: Notwith­standing (as it was said to Barack) the Journey that thou ta­kest [Page 9]shall not be for thine honour, Jud. 4.9. Which words have been much in my mind this Summer. And there is besides a farther danger, lest what he hath gained already he may not longer enjoy than is necessary for this Service. I write not this to prejudice his Majesty or his Service; but in ve­ry Faithfulness to him; and that both he himself, and those about him who are well acquainted with the Main Princi­ples of Religion, and heartily desire his Well-fair, may be moved to take these things, and the Questions not long since published into serious consideration, and discern wisely what is to be done. But he must have a care whom he trusteth: for the case is not easily discerned by every Doctor; much less how hard it is, when a man is once surprised, to get out of it; and what are the most absolutely necessary Means in order thereunto; And He hath been too much deceived and mislead already.

This is no impertinent Digression from what I was about, for his Majesty is equally concerned in what follows, as well as what goes before, and they are nearly related the one to the other. And therefore I now proceed: The business by her Majesties Favour succeeding so happily, these Gentle­men farther consider'd, that if the Justices should be as rea­dy to issue out their Warrants according to their own Order, as they had been to pass their Order in pursuance of her Majesties Letter, yet that could have little effect, unless people could be prevailed with to give due Information of the Offences every where committed against the said Laws, as they should have occasion to know and take any special notice of them. And for that purpose they agreed to per­suade as many as they could, not onely to give Informati­on of all such Offences of this kind as they occasionally should take notice of; but moreover, as their leasure should permit, to go out into the Streets and Markets, and publick places on purpose, and to observe the peoples behaviour there; and of such Offences as they observed to be commit­ted against any of the said Laws, to give information to [Page 10]some Justice of Peace at their next leasure. And a conside­rable number they prevailed with to doe this, merely out of a commendable Zeal for the Honour of the Christian Religion and the Church of England, and a just Abhorrence and Detestation of those unmanly and wicked Abominations which are every where committed to the offence of all who have any spark of true Religion, Vertue or Consideration in them; they being all of them persons of the Church of England, and such as frequent the Prayers of the Church and the Sacrament.

And because in so populous a place, and where Impiety and Wickedness was grown so impudent, the Informations against such Offences daily committed were like to be ma­ny, for the Ease of the Justices of the Peace in issuing out their Warrants (for which no Fee is to be paid to their Clerks) lest it should become tedious to them, and so be­come neglected, these Gentlemen, at their own charge cau­sed Blank Warrants to be printed, for all such occasions, and besides provided and imployed fit persons in several parts of the City and Suburbs to fill up the same, as the case should be, for any who should be willing at any time to give Information thereof to any Magistrate or Justice of the Peace: so that the Justice had ordinarily no more to doe but to examine the person upon his Oath, and sign and seal his Warrant, unless there might be occasion for any little alteration in it; and the Informer had a much easier dis­patch than formerly, when he must attend the leasure not onely of the Justice himself, but of his Clerk too, till he could have leasure to draw his Warrant, whch was often a great discouragement to him to trouble himself another time.

This done, unless the Justice would please to take the trouble upon himself to send the Warrant to the proper Of­ficer (which he ought to doe, and could command no bo­dy but his own Servant to doe it) to ease him also of this trouble, it was ordered that the person who should give [Page 11]the Information, should be desired to bring back the War­rant signed to him that fill'd it up. And another person was imployed to call weekly for all Warrants signed and sealed by any Justice of the Peace, and then to carry them out and deliver each of them in the several Parishes to some pro­per Officer of each Parish where it should be executed. And for this they allowed him out of their common Stock half a crown a day.

And lest the Business after all should receive any disap­pointment by the Neglect or Miscarriage of the Officers to whom the Warrants should be delivered, the persons depu­ted to fill them up were ordered to keep an Account of the several Offenders, the Offences, the time and place of the Commitment; and of the respective Justices of the Peace who should grant the said Warrants; and he who was em­ployed to carry them out, was likewise ordered to keep a like account of the respective Officers names to whom he deli­vered them, to the intent that Registers might thereby be made of all to be delivered to the Justices of the Peace at their P [...]y Sessions [...] their several Divisions, to enable them the better to examine the Officers how they had ex­ecuted the several Warrants delivered to them, and to charge them to account for the several Penalties by them levied.

Having thus ordered natures about these parts, they far­ther considered how they might promote this happy begin­ning to other parts of the Nation; and to that end and purpose caused the Order of Sessions for Middlesex, and the like Order of the Lord Mayor and Court of Aldermen to be printed in a smaller letter, and to be sent into all parts of the Nation, it their own charge, hoping that other Cities and Counties would thereby be provoked to follow so good an Example, and shew their readiness of themselves to gra­tifie her Majesties so gratious and pious intentions: As the County of Gloucester, and that City did, having timely no­tice, the same Quarter Sessions: and others, 'tis said, have done the like since.

This was a Business which they foresaw from the begin­ning could not be carried on without some Charge; and therefore for that purpose they presently agreed to raise a Common Stock by their own voluntary Contributions. And though they resolved to spare neither Pains nor Costs, for the promoting of it, yet being most of them private persons, they thought it most prudent upon diverse considerations to manage it with as little noise as might be, and with all the Privacy that a business of this nature is capable of. And had continued so to doe, had not the Malice, Misrepresen­tations, and Calumnies of some evil persons, at this last Ses­sions at Hiks's-Hall made a Plain Narrative of their Proce­dings necessary for a Just Vindications of their Innocent, Honest and Commendable Design and Undertaking.

It is true, it could not be expected but that many Offen­ders, who were punished by the Justice of these Laws, would be incensed against all such as they should know to have any hand in promoting the Execution of them, as likewise such dissolutes [...] are unwilling to be restrained within the [...] of Religion, Vertue or Sobriety. And it has been observed that many such as are ill affected to the Government, have at much as any opposed and exclaimed against this Execution of these Laws, principally, and with the greater heat and indignati­on, because recommanded and required by her Majesties Authority. But there being nothing in all those Procee­dings contrary to Law; or which any private person might not lawfully be concerned in, but all designed and directly tending to the promotion of what her Majesty had so gra­ciously recommended and required for the Honour and Ser­vice of God, and the good of the Nation, there could be no doubt of the Apprebation, of her Majesty and of a good people, if it should at any time come to be known. And it was all so contrived for the Ease of the Magistrates and Ju­stices of the Peace, that upon that single consideration it might well be thought to deserve not onely their Approba­tion, [Page 13]but Thanks also and special Encouragement: But there are two other Considerations in the Case, which ingenuous minds would have been sensible of, and affected with: the one, that what was done, was for promotion of their own Order; the other, the Honour that was done them by re­commending their Example to the whole Nation. And great pity it is, that a Party of unworthy persons gotten into the Commission of the Peace of this County should have so far prevailed upon some of their fellows, as by their Rashness and Inconsiderateness, (to say no worse,) to bring a ble­mish upon the Bench, where notwithstanding (to doe them right) were many worthy persons, who utterly disliked their Proceedings, besides many others of worth and quali­ty who were absent.

It is certain that no part of the Nation doth more abound with persons of worth and well qualified for the Administra­tion of Justice than this part of Middlesex, near London: and yet it is commonly said and believed, that it hath usually had the unappiness to have more notorious, corrupt, merce­nary, and ill men in Commission of the Peace than any County of England besides. And the reason may be suppo­sed to be this. Hither is the common resort of the dreggs of the whole Nation, and (besides many other vicious and licen­tious people) of many persons of broken fortunes, and many Lawyers, who have neither Abilities to get into practice, nor Vertue to be contented with their own Estates, and what they might honestly acquire by such employments as they are qualified for. And whereas in other Countries there is nothing of Profit to be easily gotten by being in Commissi­on of the Peace, which might invite any to solicit to be in, but a certain Charge attending it; in this it is commonly said and believed, that some Justices of the Peace do usually make 200 or 300 li. per annum of their places, or more. And it is not unlikely, if it be well look'd into, that there may be, found at this time in Commission of the Peace for this County diverse persons of very ill Morals, of profane [Page 14]and light Conversation, of decayed and broken Fortunes, and some professing the Law, who have little or no Practice, unless as Justices of the Peace, and who have used great soli­citation by recommendations to get in; and some who may reasonably, and are suspected to be no good and faithfull friends to this Government. And from some of these Gentle­men, probably, the violent Opposition that hath been lately made to those honest and commendable Endeavours of the Gentlemen before mentioned for promoting her Majesties Pious and Honourable Intentions, and the very End of the Order of Sessions, hath proceeded.

Though the Order of Sessions upon the Queen's Letter was passed without any interruption and with great expedi­tion the very next day after the receipt of the Letter, and and in like manner such an other Order in the City by the Lord Mayor and Court of Aldermen not long after, though without any such Letter to them directed; yet it soon ap­peared that some Magistrates in the City, and Justices in the County were not so forward to observe their own Or­ders and execute the Laws as was expected. This appeared by the treatment, which divers met with; who offered to give them Informations, but were put off, checked and dis­couraged for their pains. And it was observed that several who were most cold in the business were such as were belei­ved not overwell affected to the Government: And this oc­casioned those Questions which were printed in the Athenian Mercury, Sept. 5. which are not improper to be here inserted, as followeth.

1. Whether an Alderman in the City, being a Justice of Peace, or other Justice of the Peace in the Countrey, refusing to [...]ke an Information upon Oath against any scandalous Sin or Offence punishable by the Law, and subject to his Cognizance, or to send out his Warrant for the Punishment thereof; upon legal Convic­tion, doth not thereby violate his Oath of Justice of Peace, and become guilty of Perjury before God?

[Page 15]2. Whether for that Cause, especially if his Refusal be com­mon and notorious, though it be not punishable by the Statute against Perjury, he may not be punished by the Common Law?

3. Whether it be not a plain indication that such a Person hath little or no sense of Religion, or of the Fear of God in his Heart?

4. Whether, it being plain Matter of Fact, that many ad­dicted to the late King James are so far transported with Fa­ction that they not onely refuse to observe our Solemn Fasts, but oppose the Reformation of the manners of the Nation, in Opposi­tion to the Queen's Authority recommending the same, such Re­fusal as aforesaid be not an Indication that such Aldermen or Justices are no better Friends to the Government and Nation, than they are to Religion and Vertue?

5. Whether it be not fit that their Majesties be informed, and that they both out of Duty to God and Care for the good Government of the Nation, take Notice of such Persons, and not suffer the Execution of the Laws to be longer intrusted with them? Or, Whether the Government of a Nation may in­trust the Execution of the Laws to such inferiour Magistrates, as may be justly suspected to be neither well affected to Religion nor to the Government?

6. Whether it be not the Duty of all good Christians, and of all sober People, who wish well to their Countrey, to Note such Persons, and to esteem them as Heathens and Publicans, or no good Friends to their Countrey or the present Government, and to avoid them?

These were Questions one would think, no man who had ei­ther Knowledge in the Laws, or Affection to Religion, Vertue, or Sobriety, could be offended at; yet were there some Ju­stices at a petty Sessions, not long after, who were so much concerned at them, and had so little discretion, as to disco­ver their defect in both by great heat and warm discourses, to have the Mercury suppressed, and when they knew not how to doe that, to have the Authour of them bound to his good behaviour, if they could know who he was, (yet was [Page 16]he one not hard to be known, and who never disowned his own acts.) And these sort of men, no doubt, readily struck in to give some check to these Proceedings.

But when diverse of those who were persuaded, and out of a pious zeal for the correction of that Profaneness and De­bauchery which they frequently met with, resolved to give Information thereof, found such cold Entertainment and Dis­couragements from some, they first applied themselves to, their good Affections to so necessary a Work suffered them not to desist for those discouragements, but rather to seek out for other Justices of the Peace, where they might have better Treatment and an easie Dispatch to return to their own employments, being most of them Tradesmen. And when they met with this from some others, but especially from Mr. Ralf Hartley, a sober, vertuous and generous person; they daily more and more resorted to him; so that in some time there were some hundreds of Informations brought to him, and upon due Examination he granted his Warrants ac­cordingly. But such was his Caution to keep within the bounds of the Law, that his house being within the Liber­ties of the City, if any came to him to his house, he always refused to act any thing of Justice business there, but direc­ted them to some place in Middlesex, as his occasions lead him, where they might come to him, and that once known more came to him.

Among so many Informations, it were a wonder if no In­voluntary Mistakes were committed: yet it seems they were so few that Malice it self could find out no more than two that carried colour enough to ground a Calumny upon: and two possibly there were; the one, The Owner of a house, and his Tenant (they say he was) lived both in the same house, which is an Ale-house: so that many might not know which of them kept the Ale-house. But if there was any mistake in this, it was an involuntary mistake: but the house was truly assertained in the Warrant: the other, A Woman, who buried her Husband, married another, but yet [Page 17]being commonly called by the name of the first, as is frequent, such as had not heard of his Death might well suppose him still living. And this, if it was so, was such another Mistake as the former; but neither of them any fault in the Justice. And yet these are all the Faults that are particularly assigned in these Pro­ceedings; which is a great Evidence of the Injustice of the Ca­lumnies raised against him.

There is one thing more, which hath been made use of for a Ground, and very Artificially dressed up into a fine Story, though it be in truth no more than this. One day there came to Mr. Hartley to his House a Person, whom he knew not, about some Warrnts: Mr. Hartley being busie, and before resolved not to meddle with any such Business there, ordered him to come to him to Lincolns Inn to a certain Chamber, where he had ap­pointed to be at a certain Hour, and where these Gentlemen divers times met, but at this time were only Mr. Hartley, Sir R. B. and Mr. Y. the Owner of the Chamber. When the Man came there, he proved to be a Constable of the Parish, where Sir R. B. lived, of whom Sir R. had heard great Complaints for Misbehaviour and Neglect of his Office; and meeting him so Opportunely, reproved him for it, and threatened to have him punished if he did not mend his Manners, as any one else might have done, without personating a Justice of the Peace. Besides this one Constable, there was never any at that Chamber with any of these Gentlemen, but one, whom Mr. Hartley once sent for to secure a Drunken Man, who with a naked Bagonet frighted the People as they went along the Fields, and was by some of them brought before him there. And these were all the Constables that were ever there. Nor had Mr. Hartley ever signed more than two Warrants at that Chamber, or any War­rants at any other Chamber in Lincolns Inn above twice or thrice, when these Matters were so mis-represented the last Sessions.

This is the Truth, the full Truth, and nothing but the Truth, of all the Matter which a Combination of some Justices of the Peace at a Publick Sessions at Hick's-Hall, have lately Ma [...]ici­ously, Falsly and Scandalously mis-represented in a Formal Order of Sessions, under pretence of an Information to the Court, and in a Report of a Committee (to whom this mighty matter was by the Order referred to be examined,) grounded upon Oath [Page 18](as they say) of I know not whom, I know what I say. This Language, though it may seem strange to some, is no more than is necessary and decent in this case. Wherein the Persons intended behaved themselves not with that Gravity, Justice, Up­rightness, Candor and Integrity which becomes Judges and Magistrates; but as some little, peddling, mercenary Lawyers use to do; who if they happen to get some little brangling Cause, think they do bravely well, if in the opening of it they can but set it out with Colours, feigned Aggravations, and little Strains of Wit or Oratory, though for want of sollid Matter and good Evidence upon the Tryal, it redound to their own Shame, and the confounding of their Cause. Just so have these Men done, to the exposing of their own Wants both of Religion, Virtue, Law, good Manners and Discretion, and to the Scandal of the whole Bench and Commission, and deserve no better but to be treated by all Men with Indignation and Contempt, as will more fully appear hereafter. But in the mean time, that they took their ground from that one Passage betwixt Sir R. B. and that Constable, may be presumed from these Circum­stances, that it was at that Chamber, that Sir R. B. Mr. Hartley, and the Owner of the Chamber were all three there at that time, and they only, which did not often happen, there being other Gentlemen besides, who did use to meet, and not always there, upon the same occasion, not one of whom, it seems, their Worships had any notice of.

Some Gentlemen undoubtedly were drawn in to concur very innocently in these things, through the confident Pretences of others of the Informations they had received; and though some others might readily concur out of Prejudice against the Exe­cution of those Laws: yet that which at first seemed to move the greatest Heat, was a Supposition of some considerable Profit, which those Persons, who were at such Charge, and took such Pains, must certainly put into their own Purses. And great talk there was of the Ways how it might be done, doubtless by some, who better understood the Trade, than the Office, of a Justice of the Peace, and were displeased that any such Advantage should be intercepted from themselves, by such as were not in Com­mission of the Peace, and therefore had no Pretence for it. And it seems, and is very likely, that this Business was consulted, and a Party prepared for it before the Sessions, who thereby got [Page 19]Advantage to carry it with the less Difficulty: But this Supposi­tion at the Sessions, when better considered, was found so void of all Evidence or Probability to support it, that we find nothing of that now either in the Report or Order preceding, though it was much talked on at the beginning of the Sessions. But the Order of Sessions, which bears date Octob. 12. runs in this Form:

How this Court was informed, or by whom, I find so hard to learn, that I vehemently suspect there was no such positive Information ever given in Court at all. However, the first part of it is false, and contains no less than a triple Falshood: 1. That there was any such Office: 2. That there was any set up by Sir R. B. 3. That there was any for any such End, to inspect the Actions of the Justices: The second part is disingenuous; for both the Orders and Warrants are known to be such, as, though they had had no special Authority for Printing them, needed none; and therefore an Evidence of Dishonesty and Injustice in those who promoted it, and pen'd or directed the Order, and of great In­advertence at least in all that passed it. And the third an Im­pudent and Foolish Calumny, Mr. Hartley having more than once upon considerable Occasions, given undeniable Evidence of his Constancy and Steddiness to his own Principles and Conscience, and therefore a further Confirmation of the Iniquity of those who inserted it, and of no less Incivility towards their own Mem­bers; and of like Inadvertence at least in all who consented to the Passing of it.

The Order of Reference had been reasonable, if the Informa­tion had been fair and probable, and the Persons named indiffe­rent and impartial. But the contrary of this may be suspected, since the Information being so faulty, yet all but one subscribed the Report, which was referred to any three of them.

The second part of the Order plainly discovers how well affected these Gentlemen are to the Observation of the Lords day, and what regard they have to any Laws, which suit not with their Humour. For the Warrants concerning that, are the only Warrants, which they call in to Inspect and Suppress.

It also as plainly discovers what sense of Religion they have, of the Honor of God, and of the Good of Human Souls; and whose Servants and Agents they are. Prophanation and irreverent [Page 21]use of things Sacred is a disrespect to God, and a pleasant Spe­ctacle to the Devil. And the Apostate Spirits, as often as they fail to draw Men into Evil, do presently apply themselves either to distract them with Business and Cares, or to divert them with Pleasures and Recreations from that important Good, which cannot be attained by such as seldom attend to it with serious and deep Meditation, but easily lay that aside. And for those whose Minds are all the six days incumbred with many things of the World, to be diverted a good part of the Seventh from that One thing necessary, cannot but greatly gratifie those ma­licious Spirits; and to see so much of their Work done to their hands; nay, and the very Ministers of God for the Good of Men (as Magistrates are ordained to be) become Voluntiers in their Service for the Promotion of it, contrary to their Oaths, and contrary to the Laws, they were appointed to execute. I doubt there will be few found to have been very sound Christians, who have little regarded the Observation of this Day. And certain I am, that one of the Best and Wisest Justices that ever England had, the late Lord Chief Justice Hale, was a very Religious ob­server of it himself, and did greatly recommend it to others up­on all occasions, both by Word and Writing, and largely in his last Instructions before his death to his Grand-Children, not on­ly from Principles, Authorities, and Arguments of Reason, but also from his own long and frequent Experience.

They conclude this notable Order with certain Recommenda­tions to their fellow Justices, (which is the third and last part of it) and with great appearance of Justice and Equity; but in truth with great Presumption against the Laws, great Insolence against her Majesties Recommendations and Commands, and great Artifice to frustrate or obstruct the Effect thereof, and of that very Order of Sessions, which was made in Obedience and pursuant thereunto. Nothing can have a more plausible appear­ance of Reason and Justice than the Prevention of Irregular Pro­ceedings, and Notice of one's Offence and Accuser before Condem­nation: And by the Common Law no Man can be Convicted but after Summons and Tryal per Pares. But if the Wisdom of the Great Council of the Nation have thought fit in some special Cases, of notorious common Offences against the Laws, not on­ly of the Nation, but of God and Nature too, and for which the Penalties are small in comparison of the Crimes, to omit both, [Page 22]and to appoint a more expeditious way of Proceeding, it is a very bold Presumption in a little Faction at a Sessions to make them­selves wiser than the Laws, and to assume to themselves so much of a Legislative Power, as to prescribe to their Fellows Rules to act by contrary to the Laws, and to correct the Methods dire­rected by the Laws as Irregular Proceedings.

The like Presumption it is to prescribe narrower Bounds to them­selves and their Fellows to act in, under a new name of their own District, than their Majesties and their Commission hath set them, or their Oaths will allow them to observe. It is true, for Licen­sing of Ale-houses, and taking Accounts, and making of Officers, and such like things, which cannot so well be done by Strangers, as by those who live in the same Division, the Justices in all Coun­tries have used (as by Law they may) to divide both the Trou­ble and the Profit, (which in those things accrue to their Clerks) between them, and to act in their own Divisions; neither in­deed can they ordinarily do otherwise, unless they would neg­lect their own, these being matters which are usually dispatched in all the several Divisions throughout the whole County at the same time. But it is a new Project to extend this to the Punish­ing of Offenders, thereby to hinder the Execution of these Laws. And such is that of acquainting all Offenders who are their Accusers, which would certainly deter People from giving any Informati­on (the Penalties being so small) against the most notorious, malicious, impudent, and desperate Offenders. A much more just and reasonable Course was it therefore, which Mr. Hartley took, to let any one know who was his Accusers, if he would be bound to Prosecute him.

These being matters of very bold Presumption against the Laws, and greatly to the hinderance of the Execution of them, are so much the greater Insolence against her Majesty, who by her gracious Letter had recommended and command the strict Exe­cution of them with so much Earnestness, as may be seen before.

But this is not all; Upon Thursday Morning according to this Order the Counstables brought in the Warrants remaining in their Custody for the Offences aforesaid, of which no small number, had been neglected to be Executed, probably by some secret un­derhand Encouragement, and by these Gentlemen were torn or suppressed, under pretence of Illegality and Irregularity; by which, what they understand may be judged by what hath been observed already.

And here, having seen before how observant they are of the Laws of the Land, and of her Majesties Recommendations and strict Commands, it is fit to take a little notice What just regard they have to their own Rules and Prescriptions; which they no soon­er make than they notoriously violate; unless they were made only in favor of such as Transgress the Laws, which the Queen requires to be Executed, but not in favor of those, who worthi­ly endeavor to promote the just Execution of them. Which is the Case of Sir R. B. a Gentleman of Quality, a Bar. who came over with the Prince, and a Person of very good Reputation: yet was not he vouchsafed this Favor to have so much as a Summons, or any civil Notice from their Worships.

Nay, though upon a general Notice from others, That his name was in question there for what he had done in this matter, he sent a very civil Letter with an Abstract of the Methods of the Proceedings before related, and such a Register of the War­rants as is before described to Sir C. L. the first Man of the said Committee, to give them all the Satisfaction that upon such ge­neral Notice was cenceived requisite, and these were all deliver­ed to him by a Gentleman of good Quality before the Report was made, yet would the said Sir C. L. and his Fellows needs pro­ceed in that rash, ungentile, false and scandalous Report notwith­standing; as if there had been no Authority in the Nation to superintend or control their Actions. Nor could he obtain the favor to be by them informed of his Accuser, or of the Particu­lars of his Offence, that he might have given a more particular and complete Satisfaction, if there was occasion, before he was so scandalously misrepresented by the Committee in their Report to the Bench, notwithstanding the Recommendations of their Order aforesaid for that purpose in the case of any of the foulest Offenders without Exception. Which is plain Demonstration that it was not any sincere regard to Justice, but under Pretence of that an evil Design to obstruct and discourage the Execution of these Laws, contrary to the Queens Letter, and to the Order of Sessions thereupon, that was intended by some of them in those Illegal Recommendations. The Letter was as followeth:

By this Letter it appears that those Gentlemen knew then of no other Calumny raised against them at the Sessions, than that of making Profit to themselves by this Undertaking; which they so fully an­swer, that we find not any touch of any such thing in the Report. And this, and what any prudent and ingenuous Man might have ob­served upon the Letter and other Papers, might have satisfyed their Worships (had they been such) how little credit was to be given to the rest, which the bare Truth of the Case hath so far confuted, though those innocent Gentlemen were not permitted to know what they were. Of the which, that the Reader may judged shall here insert The Report.

That these Gentlemen used no ordinary Diligence to find out all the Faults they could, and to amplifie and mis-represent what ever appearance of any Fault they met with, as fouly and maliciously as they could, and as the light and frothy Wit of some of them could devise, is very apparent. But that they wilfully refused to use that Honest and Upright Diligence and Integrity in the Examination of the Truth of the matters referred to them, which became them, and they ought to have done, is apparent from this, which they can­not deny, that they made their report ex parte; without sending any notice to Sir R.B. or acquainting him with the particulars of their Information against him, although he was ready to have given them that satisfaction, which might have prevented, not only their so fouly and unworthily injuring him, but also their so unadvisedly exposing their own Persons, and their Unfitness and Unworthiness to be entrusted with the Administration of Justice, and the Execution of the Laws; notwithstanding the Recommendations of the very Order of Refer­rence, which in this case had been just and reasonable to have been observed.

It appearing to us, say they, upon Oath: But whose Oath this was they resolvedly conceal, and will not discover; or who were their Informers, so much as to their Brother Justice, who is concerned in it, and was upon the Bench most part of the Sessions; notwithstanding the said Order of Referrence: Which is another great Evidence of Partiality, and little regard to Justice or Common Civility. And this justly moves those Gentlemen, who know the matter of the Report to be false, to believe with much assurance that the Committee cannot produce any one Person of Credit, that either did, or will affirm it upon Oath in such manner as they have set it out. And if this be so, how foul a Fault it is in them thus to amplifie and misrepresent Infor­mations which they have received upon Oath, I leave to others to deter­mine. But in cafe they had had some malicious desperate Fellow, or some conceited Knight of the Post, who could have dressed up his Story in this manner, is all that such Men will say upon their Oath, presently to be credited and solemnly reported? Ought not Circumstances to [Page 27]be considered, and Probabilities be well weighed before any thing be concluded, and especially in such a Case as this? Certainly there was no such diligent Examination as is pretended, and became them to have made; when what they had, and might have had on the other side was not regarded.

That there was any such Office commonly call'd Sir R. B's Office, or any at all set up by him; that he or any one else did ever preside at any of the Meetings of those Gentlemen; that there were any re­spective Constables, more than the two before-mentioned, who had any Recourse to that Chamber; that Sir R. B. did there personate a Justice of the Peace; that Mr. Hartley was made use of as a Property to fign Warrants; and that he did at any time bid any Constable come to the said Office, are all false, and impudent, scandalous Fictions, and plain Nugatory Trifles of some malicious, light and inconside­rate Persons. And having already set out the Truth of those things, from whence they took their Ground, I need say no more to con­fute them.

From what hath been said, and indeed from a due Consideration of the Report it self, it is manifest what Credit is to be given to their Bare Assersion, that of about 500 Warrants, which they say they perused; many were Illegal, some Nugatory and Trifling, and all Irre­gular, without the least mention of any other Particular, than those two, which I have before shewed, were Mistakes (if they were in­deed Mistakes) not of the Justice, but of the Informers, and besides involuntary, and such as any man might easily commit; Which is a strong Presumption and weighty Argument, that they had no more or greater Instances; especially when we see them strain their Ora­tory to multiply two single Instances into plural Numbers. But for them to complain of Illegal, Nugatory, Trifling and Irregular! However their calling in, tearing, or suppressing so many Warrants under such Nugatory Pretences, is that for which I think they ought not to be trifled with.

The next Clause is true in part, viz. that the Informers did tender Warrants ready filled up to be signed to several Justices, who re­fused to sign them: But it is not only false, but improbable that they should threaten any Justices; and more improbable that they should threaten to return their Names into any such Office, which they never heard of, nor could be imagined to have any Power over them.

They conclude their Report with their Worship's Opinion; viz. 1. That the Multiplicity of the Convictions (which they please, to call Irre­gular, by which what they intend is noted before) is a great Hinderance to their Majesties Revenue of Excise. On the Loyalty and Policy of the late Reigns! Not yet forgotten. But they forgot we have now Princes of more Magnanimity and Religion, than to stoop to so mean Policies as the Augmentation of their Revenue by the Prophanation of Religion, the Corruption of the Manners of the People, and the Vio­lation of the Laws, which they are bound to maintain, and see that they be duly executed; and of more Prudence than to be so impo­sed upon by such Pretences, so to recede from their Authority as well as Duty. They add:

2. And a great Oppression upon the People, and tend to the Ruine of most Victuallers and Ale house keepers, and makes the present Government uneasie to them. The profound Wisdom and Goodness of these Gen­tlemen! Possibly so good Nature might extend to one sort more, which they thought not fit, or needless to name, being sufficiently comprised among these. And indeed it is a plain Case, that the Exe­cution of Good Laws will always most certainly make any Govern­ment uneasie to those, who will not otherwise amend their Manners. And the Neglect thereof will as certainly in time make them as un­easie to the Government. But for ruining of any honest and sober Victualler, and Ale house keeper by legal Convictions, the Parlia­ments which made the Laws, were, it seems, of another Opinion: And we may presume all those, who all this while have never since thought fit to alter them, to have continued of the same. Certain­ly these Gentlemen, who presume thus to argue against the Laws, very much forget themselves, that they were only at a Sessions of the Peace, and not of Parliament; or else they would never so una­nimously have subscribed to such Stuff as this. But we have more of their Worships Opinion; viz.

3. That the Proceedings of the said Office (as they will needs call it) or Society is a great Affront to, and so resented by the whole Commission of the Peace. By whose Commission, I suppose, they intend all the Justices in Commission, and not only their own Party; and if so, I must be excused from giving Credit to what they say; for I know the contrary: And though they had mustered all their Strength for this purpose, yet I am satisfied that there were divers very worthy Persons upon the Bench this Sessions, who well approved the Procee­dings of those Gentlemen; but not those of this Committee. And had [Page 29]the Committee but deigned that lawful Favour or Civility to the innocent and honest Gentlemen concerned, which they readily ex­tend, even beyond Law, to Criminals and Offenders, they might have seen Cause to have better confuited their own Reputation, than to have exposed it by so mistaken and unworthy a Resentment.

Lastly, they conclude their Opinion, That such Warrants, as are issued out of the said Office not executed, should be superceded. There being no such Office, it is hard to say what Warrants they mean: But because we must suppose they did mean some, unless we suppose them to talk idly, we must understand all such as were sign'd by Justice Hartley at that Chamber. But had they been more than indeed they were, Why must they be superceded? Certainly they would be hard put to it to find a legal and regular Answer; and much more to answer for all those Warrants, which they have torn or suppress'd, very rashly, I doubt and unadvisedly, as well as illegally.

This Report, notwithstanding all that hath been said, was con­firmed (as they are pleased to term it) by an Order of Sessions, bear­ing date the 16th. of Oct. But though the Minutes were then taken, something to do there was, it seems, among some of them afterward, before they could settle the Order, which, though often call'd for, a Copy of it could not be had till that Day Fortnight; and by that time they had at last hammered it out, how agreeable to the Minutes I know not, in the Form here following:

In the Recital in the beginning of this Order it is said indeed, whereby it appeared, &c. but what that was, whereby it appeared, it doth not there appear; yet they think fit and positively order, That the said Report be, and is hereby confirmed; though that it self be another Difficulty what they intend by confirmed? It was Mat­ter of Fact, which was referr'd to the Committee to examine and report; and is it fit for the Bench to confirm what perhaps may in Fact be false? And if it be so, will their Confirmation amend it? And not rather be a blemish upon the Proceedings of the Court, and the whole Commission (as they call it) wherein are divers worthy Persons, who were then absent; and if they had been present, would doubtless have opposed and disclaimed these Proceedings. Well af­fected Gentlemen, it seems, they were, who were upon the Bench, and agreed to this Order; or at least who have been hammering of it ever since, and easily perswaded to call in Question 500 Warrants and 500 more to that, if so many come to the Constable's hands be­fore the next petty Sessions; because the Committee tell them that many of them were illegal and all irregular, without naming any one Particular for which they are so. In case some had been convicted for suffering Tipling, that never sold Drink; and some who were dead two years before (which yet are such strains as no way become the Gravity and Integrity of a Magistrate) or any other mistake had been in the Information, (which doubtless should have been set out, if any such could have been found,) I would know of their Wor­ships, whether this had made those Warrants illegal or irregular? And what had been the proper Legal and Regular Course to have been taken, and by whom, in such a Case?

But of the 500 Warrants, suppose many had in truth been Ille­gal; Were all those 500 Warrants for Prophanation of the Lord's Day? Or, if they were not, were none of the rest Illegal? If any of the rest were illegal, why are such only as were for the Propha­nation of that Day ordered to be brought in? If none of all the rest were illegal, it is plain that Mr. H. acted commonly with good Un­derstanding of what he did; and if he had erred in one or two Par­ticulars, those might easily have been expressed in the Order. And since they are not, there must have been some Reason for it: And what more likely than that there were no such as they could rely upon, and therefore resolved upon a General Allegation, though a meer Calumny, to support their Design to interrupt and discourage the Execution of these Laws, by an Order of Sessions, which they found they could not do by checking and discouraging the Informers in private? Otherwise it had been certainly more proper for the Committee to have reported the particular Instances and Cases wherein they had been Illegal or Irregular, and their Opinions there­upon with their Reasons; and such a Report might have been pro­per to have been confirmed by the Opinion of the Bench, for the di­rections of particular Justices. But otherwise to require the Con­stables to bring in all these Warrants to be inspected at the petty Ses­sions, was unnecessarily to trouble the Country, and to give occa­sion of Dissensions and Confusion among the Justices themselves.

And I desire to know by what Law or Authority the whole Bench can order the Justices at the petty Sessions, to summon the Persons convicted and the Informers, (who perhaps are not known) and to suspend the Execution of so many Warrants till they have reheard the Causes over again? And what Authority the Justices at their Petty Sessions have to put any such Trouble upon the Officers in such Case, or upon the Informers either?

But to conclude this Matter, these things are apparent to any one who considers them, from these Orders and Report themselves, without more of doe.

1. First, That these Gentlemen, who have made all this stir with­out any better ground, were Persons not very well affected to the Exe­cution of these Laws.

2. That that was apparently a great Cause, why so many resorted to Mr. Hartley, with Informations, who making Conscience of exe­cuting the Laws according to his Oath, heard them patiently, and gave them all convenient Dispatch.

[Page 32]3. That these Gentlemen, who were the first occasion of this Re­sort and Trouble to Mr H. by wilful Neglect of their Duties, were unworthily incensed against him for it, and for his honest conscientious discharge of his.

4. That though they have been so greatly (though undeservedly and unworthily) inceased against him, as appears by their indecent and scandalous treatment of him in this matter; yet have they not been able to assign any one particular of Illegality or Irregularity in any one Warrant, of about 500. which they say they have perused, signed by him. And that this is a great Demonstration of his Justice, and wor­thy Behaviour in all this business, and of their Iniquity and unworthy Malice against him.

5. That the Report, and this Order of Sessions to confirm it, and the matters therein contained, tend directly to the Interruption and Disturbance, and Discouragement of the Execution of these Laws, which (as was their Duty) her Majesty had specially recommended and required to be faithfully and diligently executed.

6. That all this is done without any particular just and manifest Reason; which is therefore a manifest and bold Contempt of her Ma­jesties Authority.

And now, upon consideration of this whole matter, which is so gross and palpable as cannot be denied, and will doubtless move the Indignation of all Serious and Vertuous People in the Nation, many good People will be concerned to know, whether by our Laws and Constitution there be no due Correction for those Relicks of Arbi­trary Government? To which, for their Satisfaction I can assure them, that there is sufficient, and that by the special Favour and Providence of God, we have now such [...] and such Judges upon the [...], that it is not to be question'd, but some effectual course will be taken for the due correction of those bold Presumptions a­gainst the Laws, and Insolencies against her Majesties Authority, and for a better Regulation of the Commission of the Peace for this County for the future.