Chance medly, when by accident a man flays another, or in his own defence being affaulted: These the Law pardons of Course.

To break into a House and take any thing thence by day or night.

To Rob any Booth in a Fair or Market, are all Felony without Clergy.

The Acceffaries to all these and other Felonies, do fall within your inquiry: For generlly, where Clergy is taken from the Principal, the Acceflary, before the Fact, is to fuffer Death: And good reason is it, that he who was partaker of the Crime, and without whofe concurrence and affiftance it could not have been effected, fhould fall within the cordemnation of the Law.

Petty Lacinary,is ftealing of a thing under the value of 12d. tho it is a fmall offence, yet the fre uency of its being committed, requires your care to fupprefs it.

I would

I would in particular recommend to you to take notice of Sabbath-breaking. And Cüftomary Swearing.

There are feveral other offences, that are inquirable of by you; but I omit to mention them, becaufe I believe your own obfervation will help you therein. Only thus much I will obferve in general, that whatever is an offence against the Publick, falls within your inquiry; and having faid this, I will keep you no longer from your bufinefs.

Some Reasons against the Profecuting the Diffenters upon the Pe

nal Laws.

But

Will offer my Thoughts as to the Profecuting of Protestant Diffenters, at this time upon the Penal Laws: what I defign to propofe, is only what sways with me, and not to impose upon any Man, but to leave every one to approve or dislike it, according to the reafons I fhall give.

To profecute them who agree with us in the fame Doctrines, as it is not practiced in any other part of the World, no, not by the Papists themselves, fo I fear it will look like a playing of their game for them: For it is confefled by the Jefnits, that they have found it the moft infallible way to bring in Popery into any place by fomenting the divifions amongst Proteftants: And if a Moderation be ever neceffary, without question it is at this time expedient, and the House of Commons were of this opinion when they paffed this Vote Jan. 10. 168. That is the opinion of this Houfe, That the Prosecution of Proteftant Diffenters upon the Penal Laws is ws is at this time grievous to the Subject; a weak

a weakning the Proteftant Intereft, an encouragement to Popery, and dangerous to the Peace of the Kingdom.

Now how far this ought to be regarded, I leave to every Man to confider; but to my own particular, there feems to be great reafon and prudence in it, confidering our prefent circumstances.

If it fhall fo fall, out fince the making of the Act of the 22d. of this King againft Seditious Conventicles, that the Diffenters have not at their Meetings preach'd any Doctrine, but what tends to inftruct and perfuade Men to do their duty to their God, their King and their Country, then we ought to remember his Majefties Declaration from Breda, April 14. 1660. which I find in print in these words;

We do declare a Liberty to tender Confciences, and that no Man fhall be difquieted, or called in question for differences of Opinion in matters of Religion, which do not disturb the Peace of the Kingdom; and that we fhall be ready to confent to fuch an Act of Parliament, as upon mature deliberation fhall be offered to us for the full granting that Indulgence.

Though we are unhappy by reafon of the want of a Law for the uniting of all Proteftants, yet I conceive that this Declaration of his Majesty's is a very plain admonition to us, to use a tenderness towards those who preach found Doctrine, and live peaceably with us; and for my part, I have not heard of any to be accufed for Preaching unfound Ee 4 Doctrine

Doctrine or Sedition; if there be any fuch, fpare them not; but let the utmoft feverity of the Law pafs upon them, and let them fuffer for evil-doing: But if there is no proof against them for preaching Sedition or Rebellion, it's hard to punish Men upon a Suppofition, who worship God in a way that may be acceptable to him: And though I can and do conform to what the Church enjoyns, yet I have fo much charity as to believe that the Proteftant Diffenters are in a direct way to Heaven, though they do not use the Ceremonies commanded by the Church, provided that they worship God in fear, with a good Confcience, and live according to the Rule of his Word: If they love Mercy, do juftly, and walk humbly with God: But if a Man, profefling himself to be of this or that Church, fhall believe that he may take greater liberty, because of his profeffion, I fear it will not much avail him at the laft day : It's the Heart that God regards; he requires Mercy rather than Sacrifice.

The Proteftants in France are at this time under great Perfecution; and if we continue to profecute the Proteftant Diffenters here, what incouragement can they have to come over hither in hopes of bettering their condition, since they will be under the fame circumstances with our Diffenters and if not here, where can they hope to be relieved? And thus their condition is made defperate.

う

The