the Chancellor without Warrant is no Treason Fixing a new Great Seal to another Patent is a great Misprision but no Treason being not a Counterfeiting within this Act But Aiders and Consenters are within this Act. The Counterfeiting of the Privy Signet or Sign Manual is no Treason within this Act but made by the Statute 1. Mar. c. 6. 10. Treason concerning Coin is either Counterfeiting the Kings Coin and this was Treason at Common Law and Judgment only as of Pettit Treason but Clipping c being made Treason by subsequent Statutes the Judgment is to be Drawn Hang'd and Quarter'd Money here extends only to the Proper Money of this Realm But now by the 1. M. c. 6. Forging or Counterfeiting Money made current by Proclamation is High Treason and by 14. Eliz. c. 3. Forging of Forreign Coin not current here is Misprision of Treason in the Forgers their Aiders and Abettors And not that the bare Forging of the Kings Coin without Uttering is Treason The second Offence concerning Money here declared to be Treason is If any person bring into this Realm Counterfeit Money Where note 1. It must be Counterfeit 2. Counterfeited to the similitude of English Money 3. It must be brought from a Forreign Realm and therefore not from Ireland 4. It must be brought knowingly 5. Brought and not barely uttered here But by the Statute De Moneta if false or clipt money be found in a persons hands and he be suspitious he may be Arrested till he can clear himself 6. He must merchandize therewith that is make payment thereof 11. As this Statute leaves all other doubtful matters to be declared Treason in Parliameâ—t but not to be punish'd as such till so declared So in succeeding Kings Reigns abundance of other matters were declared Treason which being found very grievous and dangerous by the Statute of 1 Mar. Cap. 1. it is Enacted That thenceforth no Act Deed or Offence being by Act of Parliament or Statute made Treason Petty Treason or Misprision of Treason by Words Writing Ciphering Deeds or otherwise however shall be taken had Deemed or Adjudged to be High-Treason Petty Treason or Misprision of Treason but only such as be declared and expressed to be Treason Petty Treason or Misprision of Treason by this Statute of the 25. Edw. 3. 12. The Offences made High Treason by Statutes since this first of Mary are as follow Refusing the Oath of Supremacy upon second Tender is Treason by 5. Eliz. Cap. 1. but no Corruption of Blood so likewise is Extolling the Power of the Bishop of Rome a Premunire and the bringing in of Bulls or putting them in Execution or Reconciling to the Church of Rome is Treason by the same Statute Bringing in Dei's is a Premunire 23. Eliz. C. 1. Also absolving Subjects from their Obedience or Reconciling them to the Obedience of Rome is Treason 27. Eliz. Cap. 2. So is it likewise for a Priest coming into England not submiting in two days The like for English men in Forreign Seminaries But Besides these Old Treasons since the happy Retâ—uration of His Majesty The zealous regards his Subjects in Parliament had for the safety of his Sacred Person and Government thought sit to prefer and make the Statute following Anno Regni Car. 2. Regis decimo tertio CAP. I. An Act for Safety and Preservation of His Majesties Person and Government against Treasonable and Soditious Practises and Attempts THe Lords and Commons Assembled in Parliament deeply Weighing and Considering the Miseries and Calamities of well high twenty years before your Majesties Happy Return and withâ—l Reflecting on the Causes and Occasions of so great and diplorable Confusions do in all humility and thankfulness acknowledge your Majesties incomparable Grace and Goodness to your People in your Free and General Pardon Indempnity and Oblivion by which roar Majesty hath been pleased to deliver your Subjects not only from the Punishment but also from the Reproach of their former Miâ—carringes which unexempted Piety and Clemency of your Majestie hath Enflamed the Hearts of us your Subjects with an ardent desire to express all possible Zeal and Duty in the Care and Preservation of your Majesties Person in whose Honour and Happiness consists the good and welfare of your people and in preventing as much as may be all Treasonable and Sedititious Practises and Attempts for the time to come 2 And because the Growth and Increase of the late Troubles and Disorders did in a very great measure proceed from a multitude of Seditious Sermons Pamphlets and Speeches daily Preached Printed and Published with a Transcendent boldness defaming the Person and Government of your Majesty and your Royal Father wherein men were too much Encouraged and above all from a wilful mistake of the Supream and Lawful Authority whilst men were forward to cry up and maintain those Orders and Ordinances Oaths and Covenants to be Acts Legal and Warrantable which in themselves had not the least Colour of Law or Justice to support them from which kind of Distempers as the present Age is not wholly freed so Posterity may be apt to Relapse into them if a timely Remedy be not provided 3 We therefore the Lords and Commons in Parliament Assembled having duly considered the Premisses and Remembring that in the thirteenth year of the Reign of Queen Elizabeth of ever blessed Memory a right good and profitable Law was made for Preservation of Her Majesties Person do most humbly beseech your most Excellent Majesty that it may be Enacted 4 And be it Enacted by the Kings most Excellent Majesty by and with the Advice and Consent of the Lords and Commons in this present Parliament Assembled and by Authority of the same That if any Person or Persons whatsoever after the four and twentieth day of June in the year of our Lord one thousand six hundred sixty and one during the Natural Life of our most Gracious Soveraign Lord the King whom God Almighty Preserve and Bless with a Long and Prosperous Reign shall within the Realm or without Compass Imagine Invent Devise or intend Death or Destruction or any Bodily Harm tending to the Death or Destruction Maim or Wounding Imprisonment or Restraint of the Person of the same our Soveraign Lord the King 5 Or to deprive or depose him from the Style Honour or Kingly Name of the Imperial Crown of this Realm or of any other His Majesties Dominions or Countries 6 To Levy War against His Majesty within this Realm or without 7 Or to move or stir any Forraigner and Strangers with force to Invade this Realm or any other His Majesties Dominions or Countries being under His Majesties Obeysance 8. And such Compassings Imaginations Inventions Devices or Intentions or any of them shall express utter or declare by any Printing Writing Preaching or malicious and advised Speaking being Lawfully Convicted thereof upon the Oaths of two Lawful and Credible Witnesses upon Tryal or otherwise Convicted or Attainted by due Course of Law then every
whereupon he demanded Judgment whether the Plaintiffe ought to maintain that Appeal he had brought To which the Plaintiffe demurred in Law And in this Case three points were adjudged by Sir Christopher Wray Sir Thomas Gawdy and the whole Court First That the matter of the Bar had been a good Bar of the Appeal by the Common Law as well as if the Clergy had been Allowed For that the Defendant upon his Confession of the Indictment had prayed his Clergy which the Court ought to have granted and the deferring of the Court to be advised ought not to prejudice the Party Desendant albeit the Appeal was Commenced before the Allowance of it The second point adjudged was that this Case was out of the Statute of 3 Hen. 7. For that the words of that Act are If it fortune that the same Felons and Murderers and Accessaries so Arraigned or any of them to be Acquitted or the Principal of the said Felony or any of them to be Attainted the Wife or next Heir of him so slain c. may have their Appeal of the same Death and Murder against the Person so Acquitted or against the said Principals so Attainted if they be alive and that THE BENEFIT OF HIS CLERGY THEREOF before be not had And in this the Defendant Holcroft was neither Acquitted nor Attainted but Convicted by Confession and the Benefit of the Clergy only prayed as is aforesaid so as the Statute being penal concerning the Life of Man and made in Restraint of the Common Law was not to be taken by Equity but is Casus Omissus a Case Omitted and left to the Common Law As to the Third is was objected that every Plea ought to have an apt Conclusion and that the Conclusion in this Case ought to have been Et petit judicium si praediit Thomas Holcroft Iterum de eadem morte de qua semel Convictus fuit Respondere compelli debeat And he does ask judgment if the above mentione Thomas Holcroft shall be obliged to answer againe for the same death he was once Convicted of But it was adjudged that either of both Conclusions was sufficient in Law And therefore that exception was disallowed by the Rule of the Court. Note the ancient Law was that when a Man had judgment to be hanged in an Appeal of Death that the Wife and all the Blood of the Party slain should draw the Defendant to Execution and Gascoigne said Issint fuit in diebus nostris so it was done in our Days And thus much occasionally about Appeals which we the rather inserted because the practice thereof through I know not whose negligence has been almost lost or forgot till some few Years ago a Woman in Southwark revived it against one that killed her Husband and got a pardon for it but she Prosecuted him on Appeal had judgment against him and he was Executed since which time the same Course has been frequently talkt of and brought but for the most part to the shame I think of those Women or Children who make such Compositions for their Husbands or Fathers Blood they have been by some secret Bargains or Compensations husht up and seldom effectually followed Two other Statutes of King Edw. 3. Anno 4. Edw. 3. cap. 14. A Parliament shall be holden once every year ITem It is accorded that a Parliament shall be holden every year once and more often if need be Anno 36. Edw. 3. cap. 10. A Parliament shall be holden once in the year ITem for maintenance of the said Articles and Statutes and Redress of dibers MISCHIEFS and GRIEVANCES which daily happen a Parliament shall be holden every year as another time was ordained by Statute The Comment BEfore the Conquest as the Victory of Duke William of Normandy over Harold the Usurper is commonly though very improperly called Parliaments were to be held twice every year as appears by the Laws of King Edgar cap. 5. and the Testimony of the Mirrour of Justices cap. 1. sect 3. For the Estates of the Realm King Alfred caused the Committees some English Translations of that ancient Book read Earls but the word seems rather to signifie Commissioners Trustees or Representatives to meet and ordained for a PERPETUAL USAGE that twice in the year or ostner if need were in time of Peace they should Assemble at London to speak their Minds for the guiding of the People of God how they should keep themselves from Offences live in quiet and have right done them by certain Vsages and sound Judgments King Edward the first says Cook 4. Instit fol. 97. kept a Parliament once every two years for the most part And now in this King Edward the Thirds time one of the wisest and most glorious of all our Kings It was thought fit to Enact by these two several Statutes That a Parliament should be held once at least every year which two Statutes are to this day in full Force For they are not Repealed but rather Confirmed by the Statute made in the 16th of our present Soveraign King Charles the Second Cap. 1. Intituled An Act for the Assembling and holding of Parliaments once in three years at the least The words of which are as follow Because by the ancient Laws and Statutes of this Realm made in the Reign of King Edward the third Parliaments are to be held very often your Majesties Humble and Loyal Subjects the Lords Spiritual and Temporal and the Commons in this present Parliament Assembled most Humbly do beseech your most Excellent Majesty that it may be declared and Enacted 2 And be it declared and Enacted by the Authority aforesaid that hereafter the sitting and holding of Parliaments shall not be intermitted or discontinued above Three Years at the most but that within three years from and after the Determination of this present Parliament so from time to time within three years after the Determination of and other Parliament or Parliaments or if there be occasion more or oftner Your Majesty your Heirs and Successors do Issue out your Writs for calling Assembling and holding of another Parliament to the end there may be a frequent calling Assembling and holding of Parliaments once in three years at the least Agreeable to these good and wholsome Laws are those gracious Expressions and Promises in His Majesties Proclamation touching the Causes and Reasons of Dissolving the two last Parliaments Dated April 8. 1681. Irregularities in Parliament shall NEVER make us out of love with Parliaments which we look upon as the best Method for healing the distempers of the Kingdom and the only means to preserve the Monarchy in that due Credit and Respect which it ought to have both at home and abroad And for this Cause we are resolved by the blessing of God to have frequent Parliaments And both in and out of Parliament to use OUR UTMOST ENDEAVOURS TO EXTIRPATE POPERY and to Redress all the Grievances of our good Subjects and in all things to Govern according to the
Laws of the Kingdom A DIGRESSION touching the Antiquity Vse and Power of PARLIAMENTS and the Qualification of such Gentlemen as are fit to be chosen the Peoples Representatives THe Recital of these several Laws for frequent calling of Parliaments declaring the same to be of such Importance or Necessity to the safety and wel-being of the Nation Invites us to give the vulgar Reader some further Information touching those most Honourable Assemblies which though a digression will I hope be no Transgression for I am willing at any time to go a little out of my way provided I may thereby meet with the Readers profit and Advantage Of the Names and Antiquity of Parliaments THe word PARLIAMENT is French derived from the three words Parler la ment to speak ones mind because every Member of that Court should sincerely and discreetly speak his mind for the general good of the Common-Wealth and this name saith Cook 1 Instit fo 110. was used before William the Conquerer even in the time of Edward the Confessor But most commonly in the Saxons time it was called Michegemote or Witenage Mote that is the Great Mote Meeting or Assembly whence our Ward-Mootes in London receive their name to this day or the Wise-Moote that is the Assembly of the wise men and Sages of the Land But this word Parliament is used in a double sense 1. Strictly as it includes the Legislative Power of England as when we say An Act of Parliament and in this Acceptation it necessarily includes the King the Lords and the Commons each of which have a Negative Voice in making Laws and without their joint Consent no new Laws can pass that be obligatory to the Subject 2. Vulgarly the word is used for the Two Houses the Lords and Commons as when we say the King will call a Parliament his Majesty has Dissolved his Parliament c. The Lords of Parliament are divided into two sorts viz. Spiritual that is to say the Bishops who sit there in respect of their Baronies parcel of their Bishopricks which they hold in their Politick Capacity and Temporal The Commons are likewise divided into three Classes or parts viz Knights or Representatives of the Shires or Counties where note that though the Writ require two Knights to be chosen and that they are called Knights yet there is no necessity that they should actually have the degree of Knighthood provided they be but Gentlemen for the Statute 23 Hen. 6. cap 15 hath these words That the Knights of the Shires for the Parliament hereafter to be Chosen shall be not able Knights of the same Counties for which they shall be chosen OR OTHERWISE such Notable Esquires or Gentlemen born of the same Counties as shall be able to be Knights and no man to be such Knight which standeth in the degree of a Yeoman and under Secondly Citizens chosen to Represent Cities Thirdly Burgesses that is to say those that are chosen out of Boroughs Note that the difference between a City and a Borough is this a City is a Borough Incorporate which is or has within time of Memory been an Episcopal See or had a Bishop and this althô the Bishoprick be Dissolved as West minster having heretofore a Bishop though none now still remains a City Cook 1. Instit Sect 164. Boroughs are Towns Incorporated but such as never had any Bishops Of the Three Estates in Parliament THere has been a great debate about the Three Estates some zealously pleading That the Bishops are one of the three Estates of the Realm and the Lords Temporal a Second and the Commons-house the Third and the King over all as a Transcendent by himself Others as stifly deny this and assign the King as he his the Head of the Common Wealth to be the first Estate the Lords as well Spiritual as Temporal jointly to be the Second and the Commons-House the Third Non opis est nostrae tant as Componere Lites We shall not presume to undertake a decision of this arduous Controversy but in our poor opinion the matter seems to appear more difficult than really it is by means that the contending Parties do not first plainly set down what it is they severally mean by the word Estate Which may be taken 1. For a rank degree or Condition of Persons considered by themselves different in some notable Respects from others wherewith they may be compared And in this respect my Lords the Bishops may very properly be said to be an Estate or one of the Estates of the Realm for then there will be several Estates above the number of three for so in the House of Commons there may be said to be three Estates viz. Knights Citizens and Burgesses And heretofore in the days of Popery when there were 26 Abbots and Priors that held per Baroniam too as well as the Bishops called to the Parliament and sat in the Lords House see Fullers Church History Lib. 6. 292. Whether they being Religious and Monastical Persons whereas the Bishops were Seculars no small difference in their account might not as well claim to be a distinct Estate by themselves as now the Bishops do may be a question But secondly When we spake of three Estates in the Constitution of our English Government 't is most natural to mean and intend such a poize in the Ballance or such an Order or State as hath a Negative Voice in the Legislative Power For as the King and Commons excluding the Lords so neither the King and Lords excluding the Commons much less the Lords and Commons excluding the King can make any Law but this glorious Triplicity must be in mutual Conjunction and then from their united Influences spring our happy Laws But in this sence the Lords Spiritual by themselves have no pretence to be a distinct Estate That is they have by themselves no Negative Voice which I conceive the proper Characteristick or essential Mark of each of the three Estates For suppose a Bill pass the Commons and being brought into the Lords House all the 26 Bishops should be against it and some of the Temporal Lords yet if the other Temporal Lords be more in number than the Bishops and those that side with them the Bill shall pass as the Act of the whole house and if his Majesty please to give it his Royal Assent is undoubted Law Which demonstrates the Bishops have of themselves no Negative Voice and consequently are none of the three Estates of the Realm But if any will have them called an Estate and mean something else be it if he please to explain his Notion 't is like I shall not contend with him about a fiddle faddle word Touching the Power of the Parliament THe Jurisdiction of this Court saith Cook 1 Instit Sect. 164. is so Transcendent that it maketh Inlargeth Diminisheth Abrogateth Repealeth and reviveth Laws Statutes Acts and Ordinances concerning matters Ecclesiastical Civil Martial Marine Capital Criminal and common And 4 Instit Fol. 36.
and the same end scope and that all the before mentioned Acts of Qu. Elizabeth and K. James are equally to be applied to all Dissenters from the Establisht Church of England I answer that cannot be for since in this Act no Papists are concerned being particularly exempted as aforesaid Then it necessary follows if the Popish Recusants shall not be punished by this Act made against Sectaries and seditious Conventiclers that then the Sectaries and Conventiclers Protestant Dissenters that is Protestant Recusants for that 't is they aim at to colour the laying the other Acts upon them shall not be prosecuted upon those Laws made only against Popish Recusants for if they should then you leave the Protestant Recusants in a far worse condition than the Papists the one being provided and not the other But still note that all that I have said about this Act of the 35. of Eliz. comparing it with the others made against Popish Recusants is only to shew the nature of the one and the other For the truth is this Act of the 35th of Eliz. is not now in force As appears thus 1. The very words thereof shew it to have been originally but a temporary Act for the last words of it are these This Act to continue no longer than to the end of the next Session of Parliament 2. By several Acts it was continued till the 1st year of K. James and then it was enacted that the same should be continued and remain in Force untill the end of the first Session of the next Parliament 3. The second and next Session of Parliament began and holden by Prorogation the 5th of Nov. in the 3d year of K. James and ended the 27th of May next and was then prorogued to the 18th of Nov. 1606. In which Session there was no continuance of this Statute of the 35th of Eliz. so that there it expired absolutely ceased and was of no more force than if it had never been and so continued for many years buried in Oblivion 4. In a Parliament held the 21. of K. James ca. 28. It is amongst other things enacted ' That this Statute of the 35. of Elâ—z shall be adjudged ever since the Session in the Seventh Year of His Majesties Reign of England to have been of such force and effect as the same were the last day of that Session and from thenceforth to the end of the first Session of the next Parliament But the truth is that the said Statute of the 35th of Eliz. was in no force nor of any effect at the last day of the Session in the 7th year of K. James being expired and gone long before viz in the 3. year of that King as aforesaid And being so down then this Stat. of the 21. Jacobi can no way set it up again for this only sets up what was in force in that Session of the 7th of K. James and no otherwise 5. So likewise in the 3. Caroli primi cap. 4. this Act amongst others is mentioned but how That it shall continue to the end of the first Session of the next Parliament in such force and effect as it was the first year of Charles the first when indeed it was then in no force at all 6. In the 16th Caroli secundi cap. 4. an Act was made Intituled An Act to prevent and suppress seditious Conventicles Which begins thus Whereas an Act made in the 35th year of the Reign of our late Soveraign Lady Queen Eliz. Intituled An Act to retain the Queens Majesties Subjects in their due Obedience hath not been put in Execution by reason of some doubt of late made whether the said Act be still in force although it be very clear and evident And it is hereby declared that the said Act is still in force and ought to be put in Execution For providing therefore of further and more speedy Remedies c. Be it enacted c. And the last clause of this Statute of the 16 Car. 2di runs thus Provided that this Act continue in force for 3 years after the end of this present Session of Parliament and from thence to the end of the next Session of Parliament after the said 3 years and no longer Now how far these words It is hereby declared that it is in force and ought to be put in execution without saying it is hereby enacted that it shall be in force might operate to give some Life and strength to the aforesaid expired Statute of the 35th of Eliz. I shall not determine But suppose it were thereby set on foot again this last Statute is but one intire Statute and that part which declares or inables the Statute of the 35th of Eliz. to be in force is joined and annexed to the rest and is altogether but one Law and hath its period at the time before prefixed and then that declarative part must die with the rest Now that Session wherein this Statute of 16 Car. 2. was made ended the 16th and 17th of Car. 2. Then the three Years for which it was to continue commenc'd and ended the 20th Car. 2d but after the three years it was to continue till the next Session of Parliament which next Session after the three years began 10. October 1667. and by Adjournments was continued to the 24th of October 1670 being the 22d of Car. 2d and then was the end of that and with it this Conventicle Act expired so that now there is no pretence of the 35th of Elizabeth's being in force for the declarative part in this Conventicle Act cannot enforce or give Life to any thing longer than it lives itself For if the Declaring part of this Act after it self is extinguisht can be read urg'd or construed as a Law to enforce and enliven another Statute which hath no being of a Law in it self then it would necessarily follow that an expired Law is as Authentick as a Law in being which is absurd From what hath been said it appears That as Protestant Dissenters ought not to be prosecuted on the Laws made against Popish Recusants so likewise 't is very evident That both the Statute of the 35th of Eliz. and also that of the 16th of Car. secundi are Expired and of no force And indeed 't is happy for the Nation that they are so for had these two Acts been still in force being of a cruel sanguinary nature much mischief might have accrewed to the people of this Kingdom So that there are now no Laws in being to punish the Conventiclers and the Nonconformist Ministers who did not Conform to the Act of Uniformity made in this King's Reign but the Act commonly called the 5 Mile or Oxford Act And the Conventicle Act made the 22th of this King These we shall severally consider Anno 17. Caroli Secundi Ca. 2. An Act for Restraining Nonconformists from Inhabiting in Corporations Whereas divers Parsons Vicars Curates Lecturers and other persons in holy Orders have not declared their unfeigned
English Liberties Or The Free-Born SUBJECT's Inheritance CONTAINING I. MAGNA CHARTA The Petition of Right The Habeas Corpus Act and divers other most Vseful Statutes With Large COMMENTS upon each of them II. The Proceedings in Appeals of Murther The Work and Power of Parliaments The Qualifications necessary for such as should be chosen to that great Trust Plain Directions for all Persons concerned in Ecclesiastical Courts and how to prevent or take off the Writ De Excommunicato Capiendo As also the Oath and Duty of Grand and Petty Juries III. All the Laws against Conventicles and Protestant Dissenters with Notes and Directions both to Constables and others concern'd thereupon And an Abstract of all the Laws against Papists LONDON Printed by G. Larkin for Benjamin Harris at the Stationers Arms and Anchor in the Piazza under the Royal-Exchange A TABLE OF Some of the most Material Contents THe Nature and Happiness of our English Government from page 1. to p. 5. Magna Charta faithfully Recited p. 6 to p. 19. A Comment upon Magna Charta p. 19. to p. 30. 'T is but a Declaration of what the people had right to before p. 19. The occasion and means of obtaining Magna Charta p. 20. Ill Council perswade King Hen 3. to Revoke Magna Charta and the sad end of that wicked Counsellour p. 21. Liberties what p. 24. Monopolies are against Magna Charta p. 25. The King cannot send any man out of England against his will p. 25. Peers what p. 26. Commitment The necessary circumstances where Legal p. 27. Justice it s three properties p. 28. Judges are to obey no Commands from the King though under the Great or Privy Seal much less signified by any little whispering Courtier against Law p. 28. Protection when unlawful p. 29. The Statute of Confirmation of the Charter p. 31 A Solemn Curfe of the Clergy against the Breakers of the Charter p. 33. Another Curse to the same purpose p. 34 The Statute de Tallageo non Concedendo That the King shall lay no Burthens on his people but by their Consent in Parliament p. 36. A Comment thereupon p. 38. to p. 40. There are Omissions and Errors in the Common Printed Statute-Books p. 40. The Stat. cf 25. Edw. 3. declaring what Offences shall be Treason p. 40. A Comment thereupon p. 43. to p. 50. To Compass the Death of the King what p. 44. A Colateral Heir to the Crown is not within this Statute p. 45. Probably Attaint an Errour in the Statute-Book for provably Attaint p. 45. Offences made Treason since this Statute p. 50. The Stat. 13. Car. 2. cap. 1. for safety of His Majesties Person c. p. 51 Notes thereupon p. 57. to 63. There must be two not only Lawful but Credible Witnesses on this Statute p. 58. and 59. Within what time the Party must be question'd and Indicted p. 60. The Sentence or Judgment in High Treason and the signification of each Branch thereof p. 61. The King cannot allow a Lord Convict of Felony the favour of being Beheaded p. 62. Challenge what and to how many p. 62. The Statute 2. Edw. 3. cap. 2. In what Cases only the King shall grant Pardons p. 63. The Comment thereon p. 64. The nature form and proceedings in Case of Appeals of Murder c. Particularly opened to the meanest Capacity from p. 67 to p. 74. Two Statutes That a Parliament shall be holden once every year p. 75. The Comment p. 75. The Act of the 16th Car. 2. that holding of Parliaments shall not be discontinued above three years at the most p. 76. A not able Discourse of the Antiquity use and power of PARLIAMENTS and the Qualifications of such Gentlemen as are fit to be Chosen the peoples Representatives p. 77. to p. 110. Parliament the signification of the word p. 78. City what and how it differs from a Burrough p. 79. Three Estates what the Bishops none of them p. 80. The Parliament has Right to order the Succession to the Crown and he forfeits all his Goods and Chattels that denies it p. 82. and 84. The particular Business of Parliaments p. 83. To punish ill Favourites and Corrupt Ministers of State p. 85. Examples of great Offenders punisht Committed degraded and sentenced by Parliament and particularly some Parsons for Pragmatical Preaching p. 85. to 92 Reflections on State-Divines p. 93. The Mischiefs of felling Voices for Parliament-men for Liquor p. 95. Directions touching Choice of Members in 10 Negative Descriptions who are not fit to be Elected p. 98. to 106. The Characters of such as deserve this great trust in five particulars p. 110. The Stat. of 8. Hen. 6. cap. 7. That only Freeholders should Chuse Knights of the Shire p. 107. 110. The Petition of Right 3. Car. 1. And the Kings Assent thereunto left out in the Statute-Book p. 112. The Habeas Corpus Act 31 Car. 2. cap. 2. p. 117. The Comment thereupon p. 128. An Act for the Benefit of Prisoners for Debt that they shall not be lodged with Felons c. p. 131 An Act for regulating the Privy Council and taking away the Star-Chamber 17. Car. 1. cap. 10. p. 135. Some Notes thereupon p. 144. The Clause of the Act of 31. Car. 2. cap. 1. No man shall be bound to Quarter Souldiers p. 145. The Act touching the Writ de Excommunicato Capiendo 5. Eliz. cap. 23. p. 146. A Comment with a discourse of Excommunication directions how to manage your defence in all Cases in the Bishops Courts and how to prevent or take off the Writ de Excomunicato Capiendo p. 154 to p. 170. Church-Wardens not bound to take any Oath in the Bishops Courts to present p. 170. A Discourse touching the Laws made or endeavoured to be Executed against Protestant Dissenters p. 171. The Acts 1. Eliz. cap. 2. the 23. Eliz. cap. 1. The 29 Eliz. cap. 6. 1 Jac. cap. 4. and 3 Jac. cap. 4. were all made against Papists only and ought not to be Extended against Protestant Dissenters p. 171. to p. 177. Two new Holy days made in the Church of England since His Majesties Restauration p. 173. The opinion of the House of Commons That Acts made against Popish Recusants ought not to be extended against Protestant Dissenters p. 178. The Act of 35 Eliz. cap. 1. Considered 'T is plain from thence that the Acts made against Popish Recusants ought not to affect Sectaries p. 180. The said Act of 35 Eliz. proved to be long since expired p. 181. As also that of the 16th Car. cap 4. Intituled An Act to prevent and suppress seditious Conventicles p. 182. The Oxford or Five Mile Act 17 Car. 2. p. 183. Notes thereupon p. 187. The Act of the 22th Car. 2. cap. 1. To prevent and suppress seditious Conventicles p. 188. Notes upon that Act p. 197. An Abstract of the several Laws in Force against Popery and Papists p. 200. to p. 204. A Discourse of Juries and the Advantages English men enjoy
Liberties and of other contained in our Charter of liberties of our Forest the Archbishops Bishops Abbots Priors Earls Barons Knights Freeholders and other our Subjects have given unto us the fifteenth part of all their movables 5. And we have granted unto them on the other part that neither we nor our Heirs shall procure or do any thing whereby the Liberties in this Charter contained shall be Infringed or Broken 6. And if any thing be procured by any Person contrary to the premisses it shall be had of no force nor effect These being Witnesses Lord B. Arch-bishop of Canterbury E. Bishop of London c. We Ratifying and approving these Gifts and Grants aforesaid confirm and make strong all the same for Us and our Heirs perpetually And by the Tenour of these presents do renew the same Willing and granting for Us and our Heirs that this Charter and all and singular his Articles for ever shall be stedfastly Firmly and Inviolably observed And if any Article in the same Charter contained yet hitherto peradventure hath not been kept We will and by Authority Royal Command from henceforth firmly they be observed In Witness whereof we have caused these our Letters Patents to be made T. Edward our Son at Westminster the twenty eighth day of March in the twenty eighth year of our Reign Notes on Magna Charta THis Excellent Law holds the first place in our Statute Books for though there were no doubt many Acts of Parliament long before this yet they are not now Extant 't is called Magna Charta or the Great Charter not in Respect of its Bulk but in Regard of the great Importance and weight of the matters therein contained it is also styled Charta Libertatum Regni the Charter of the Liberties of the Kingdom and upon great reason saith Cook in his Proem is it so called from the effect Quia liberos facit because it makes and preserves the people free Though it run in the stile of the King as a Charter yet as my Lord Cook well observes on the 38 Chapter it appears to have passed in Parliament for there was then a Fifteenth granted to the King by the Bishops Earls Barons Free-tenants and people which could not be but in Parliament nor was it unusual in those times to have Acts of Parliament in a Form of a Charter as you may read in the Princes case Co. Rep. L. 8. Likewise though it be said here that the King hath given and granted these Liberties yet they must not be understood as meer Emanations of Royal Favour or new Bounties granted which the people could not justly challenge or had not a Right unto before For the Lord Cook at divers places asserts and all Lawyers know that this Charter is for the most part only Declaratory of the principal grounds of the Fundamental Laws and Liberties of England no new freedom is hereby granted but a Restitution of such as lawfully they had before and to free them of what had been usurped and encroached upon them by any power whatsoever and therefore you may see this Charter often mentions Sua Jura their Rights and Liberatâ—s suas their Liberties which shews they had them before and that the same now were Confirmed As to the occasion of this Charter it must be noted that our Ancestors the Saxons had with a most equal poize and temperament very wisely contriv'd their Government and made excellent provisions for their Liberties and to preserve the People from oppression and when William the Norman made himself Master of the Land though he be commonly called the Conquerour yet in truth he was not so and I have known several Judges that would Reprehend any Gentleman at the Bar that casually gave him that Title For though he killed Harold the Usurper and Routed his Army yet he pretended a right to the Kingdom and was admitted by Compact and did take an Oath to observe the Laws and Customs But the truth is he did not perform that Oath so as he ought to have done and his Successors William Rufus King Stephen Henry the First and Richard likewise made frequent Encroachments upon the Liberties of their People but especially King John made use of so many Illegal Devices to drain them of Money that wearied with intollerable oppressions they resolved to oblige the King to grant them their Liberties and to promise the same should be observed which King John did in Running-mead between Stains and Windsor by two Charters one called Charta Libertatum The Charter of Liberties the Form of which you may read in Math. Paris Fol. 246. and is in effect the same with this here recited the other the Charter of the Forrest Copies of which he sent into every County and commanded the Sheriffs c. to see them fulfilled But by ill Council he quickly after began to violate them as much as ever whereupon Disturbances and great miseries arose both to himself and the Realm The Son and Successor of this King John was Henry the Third who in the 19th Year of his Reign Renewed and Confirmed the said Charters but within two Years after Cancelled them by the pernicious advice of his Favourites and particularly Hubert de Burgh whom he had made Lord Chief Justice one that in former times had been a great Lover of his Countrey and a well deserving Patriot as well as learned in the Laws but now to make this a step to his Ambition which ever Rideth without Reins perswaded and humored the King that he might avoid the Charters of his Father King John by Duresse and his own Great Charter and Charta de Foresta also for that he was within Age when he granted the same whereupon the King in the eleventh Year of his Reign being then of full Age got one of the great Charters and of the Forrest into his Hands and by the Council principally of this Hubert his Chief Justice at a Council holden at Oxford unjustly Cancelled both the said Charters notwithstanding the said Hubert de Burgh was the primier Witness of all the Temporal Lords to both the said Charters whereupon he became in high Favour with the King insomuch that he was soon after viz. the 10th of December in the 13th Year of that King Created to the highest Dignity that in those times a Subject had to be an Earl viz. of Kent But soon after for Flatterers and Humorists have no sure Foundation he fell into the Kings heavy Indignation and after many fearful and miserable Troubles he was justly and according to Law Sentenced by his Peers in an open Parliament and justly Degraded of that Dignity which he unjustly had obtained by his Council for Cancelling of Magna Charta and Charta de Foresta In the 9th Chap. of this great Charter all the Ancient Liberties and Customs of London are Confirmed and preserved which is likewise done by divers other Statutes as 14 Edw. 3. Cap. 2. c. The 29 Chapt. NO FREE-MAN SHALL BE TAKEN
The Power and Jurisdiction of the Parliament for making of Laws in proceeding by Bill is so transcendent and absolute as it cannot be confined either for Causes or Persons within any bounds Of this Court it is truely said Si Antiquitatem spectes est vetustissima si Dignitatem est Honoratissima si Jurisdictionem est capacissima if you regard its Original it is most Antient if its Dignity it is most Honourable if its Jurisdiction it is most Capacious Sir Thomas Smith a great Statesman and in high esteem and place under Queen Elizabeth in his Treatise de Republica Anglorum L. 2. Ca. 2. gives this Character of this supream Court In Commitiis Parliamentariis posita est omnis Augustae absolutaeque potestatis vis veteres leges jubent esse irritas novas inducunt Presentibus juxta ac futuris modum constituunt Jura possessiones hominum privatorum commutant Spurios natalibus restituunt cultum divinum sanctionibus corroborant Pondera mensuras variant JUS IN REGNO SVCCEDENDI PRESCRIBVNT c. The most high and absolute power of the Realm of England consisteth in the Parliament for the Parliament abrogateth old Laws maketh new giveth order for things past and for things hereafter to be followed changeth the rights and possessions of private men Legitimateth Bastards Corroborates Religion with Civil Sanctions Alters weights and Measures PRESCRIBES THE RIGHT OF SVCCESSION TO THE CROWN defines doubtfull Rights where there is no Law already made Appointeth Subsidies Taxes and Impositions giveth most Free pardons restoreth in Blood and Name c. As for the power of Parliaments over both Statute and Common Law take it in the Accurate and Significant words of a Parliament viz. the Statute of 25 Hen. 8. Ca. 21 as follows Whereas this Realm Recognizing no superiour under God but the King hath been and is free from Subjection to any mans Laws but only to such as have been devised made and ordained within this Realm for the wealth thereof or to such other as the people of this Realm have taken at their free Liberty by their own consent to be used amongst them and have bound themselves by long use and Custome to the observance of the same not to the observance of the Laws of any Forreign Prince Potentate or Prelate but as to the accustomed and Ancient Laws of this Realm originally established as Laws of the same by the said Sufferance Consents and Custom and none otherwise It standeth therefore with natural Equity and good Reason that all and every such Laws Humane made within this Realm or induced into this Realm by the said Sufferance Consents and Custom the King and the Lords Spiritual and Temporal and Commons Representing the whole State of the Realm in the most High Court of Parliament have full Power and Authority to dispouse with those and all other Humane Laws of the Realm and with every one of them as the quality of the Persons and matter shall require And also the said Laws and every of them to abrogate annull amplify or diminish as to the King Nobles and Commons of the Realm present in Parliament shall seem most meet and convenient for the Wealth of the Realm Thus far that notable Statute which in truth is only Declarative and in Affirmance of the Ancient Common Law of England The particular Business of Parliaments BY what hath been said you may perceive the work of an English Parliament is not as some would have it only to be Keys to unlock the peoples Purses That is but one part and perhaps one of the least parts too of their Office They are to propose new Laws that are wanting for general good and to press the Abrogation of Laws in being when the Execution of them is found prejudicial or dangerous to the publick They are to provide for Religion and the Safety and Honour of the Nation they have a power as you have heard from Sir Thomas Smith to order the Right to the Crown understand all this with the Kings consent and they have very frequently undertaken and actually Limited the same contrary to and different from the Common Line of Succession Nay by the Statute of the 13 Eliz. Cap 13. It is expresly Enacted That if any Person shall in any wise hold and affirm or maintain that the Queen with and by the Parliament of England is not able to make Laws and Statutes of sufficient force and validity to Limit and bind the Crown of this Realm and the Descent Limitation Inheritance and Government thereof or that this present Statute or any part thereof or any other Statute to be made by the Authority of the Parliament of England with the Royal Assent for Limiting the Crown is not are not or shall not or ought not to be for ever of good and sufficient Force and validity to bind limit restrain and Govern all Persons their Rights and Titles that in any wise may or might claim any Interest or Possibility in or to the Crown of England in Possession Remainder Inheritance Succession or otherwise howsoever and all other Persons whatsoever every Person so holding affirming or maintaining during the Life of the Queen shall be adjudged an high Traitor and suffer and forfeit as in Casts of High Treason is accustomed and every Person so holding affirming or maintaining after the dâ—câ—ase of our said Sovereign Lady shall forfeit all 〈◊〉 Good and Chattels Which Clause and last mentioned Penalty is to this Day in force and ought to be considered by any who shall now pretend that an Act of Parliament cannot dispose of the Succession As for the Right of making War and Peace the same is gramted to be part of the High Prerogatives of our Kings yet the wisest of our Monarchs have very rarely entred into any War without the 〈◊〉 〈◊〉 Parliaments for 1. Who could give them better Counsel in such a difficult Affair 2. The People would more readily expose their Persons in such a War the Justice and Expediency whereof was approved by their Representatives 3. The King from thence might more certainly promise himself supplies of Money to carry on the same But nothing is more properly the work of a Parliament than to redress Grievances To take notice of Monopolies and oppressions to Curb the Exorbitances of pernicious Favourites and ill Ministers of State To punish such mighty Delinquents as look upon themselves too big for the ordinary reach of Justice to inspect the Conduct of such as are intrusted with Administration of the Laws or disposal of the publick Treasure of the Nation All Crimes of these and the like kinds are publick Nusances common mischiefs and wound the whole Body politick in a vital part and can scarce at all be sound out or Redressed by reason of the power and Influence of the Offenders but in this great and awful Senate before whom the haughtiest Criminals tremble and it has been observed that they scarce ever Prosecuted any though never so
in custody to procure their Liberty But before this statute was Rendred far less useful than it ought to be partly by the Judges pretending a power to Grant or deny the said Writ at their pleasure in many cases and Especially by the Ill practises of Sheriffs and Gaolers by putting the prisoner to the charge and trouble of an Alias and pluries that is a second and third Writ before they would obey the first for there was no penalty till the Third and then at last the Judges would oft-times Alleadge That they could not take Bail because the party was a prisoner of State c. Therefore to Remedy all those mischiefs This most wholsome Law was provided Which we shall briefly Endeavour to Divide into its several Branches and Explain it to the meanest Capacities since no Man is sure but one time or other he may have occasion to make use of it This Act concerneth either first persons committed for some other Criminal or supposedCriminal matter besides Treason or Felony and these are to have an Habeas Corpus Immediately 2ly such who in their Mittimus are charged with Treason or Felony these shall have the benefit of the said Writ after the time herein Limited 1st If any Gaoler or Under-Keeper shall not deliver a trueCopy of the Mittimus within 6 hours after the prisoner demands it the Head-Gaoler or Keeper forfeits to the prisoner for the first Offence 100l for the second Offence 200l and loses his place Nor is there any Fee to be paid for the same the Turn-key must deliver it at his peril And note if the prisoner should be lockt up or none suffered to come at him any friend of his may demand the same on his behalf 2. Whatever the Criminal matter be If Treason or Felony be not Expresly charged any person on the prisoners behalf carrying such true Copy of the Commitment to the Lord Chancellor or any one of the Judges or Barons of the Exchequer or upon Oath made that a Copy was demanded and denied he shall Grant an Habeas Corpus or forfeit 500l to the prisoner But note the Request must be made to such Judge in Writing and Attested by two witnesses 3. If the Sheriff or Gaoler do not carry up the prisoner and Return the true causes of his detainour within three days If under twenty miles distance or within ten daies if above twenty and under an hundred miles or within twenty daies if above an hundred miles he forfeits 500l to the prisoner Note the prisoner must pay the Charges of his carrying up and the Judge when he Grants the Writ may order how much but it must not be above 12 d. a mile If upon the Return of such Habeas Corpus it appear the prisoner is not charged with Treason or Felony specially and plainly Expressed or for such matters as by Law are not Bailable the Judge shall discharge the prisoner upon Bail 4. If a person once so Bailed out shall again be Imprisoned for the same Offence those that do it forfeit 500 l. 5. If there be High Treason or Felony plainly and specially Expressed That is not only Generally for Treason or Felony but Treason in conspiring to kill the King or in Counterfeiting the King's Coin or Felony for stealing the goods of such an one to such a value c. Then the Prisoner cannot have his Habeas Corpus till first he has on the first week of the Term or first day of Sessions of Oyer and Terminer or General Gaol-delivery petitioned in open Court to be brought to his Tryal and then if he be not brought to Tryal the next Term or Sessions following on the last day thereof he shall be Bailed and if not Indicted the second Term or Sessions shall be discharged 6. This Act extends to all places within England and Wales the Tower cannot be supposed to be exempted nor Windsor Castle nor any such Royal Forts for the words are general And besides there is a special Act of Parliament that unites the King's Castles to the Counties wherein they stand there having been it seems some pretensions and ill practices to hold them district that therein they might detain men prisoners against Law and not admit any Writ to enlarge them For Remedy whereof it was thus Enacted Anno 13. Rich. Secundi Item It is Ordained and Assented That the King's Castles and Gaols which were wont to be Joyned to the Bodies of the Counties and be now Severed shall be Rejoyned to the same Counties Lastly No person shall be sent Prisoner out of England or Wales into Scotland Ireland Jersey Guernsey Tangier or any other place beyond the Seas The Proviso's and other Clauses of this Act may be easily apprehended by the meanest capacities AND As the Law provides thus for our Liberty so it takes care that those that are in Custody shall not be abused or oppressed to which purpose I shall here insert so much as is material necessary to be known by all persons who are so unhappy as to be prisoners out of the Statute of the 22d and 23d Car. 2. Cap. 20. The words wereof are as follows WHEREAS Persons that are under Arrests or committed to the custody of Sheriffs Bailiffs Gaolers Keepers of Prisons or Gaols are much abused and wronged by Extorting of great Fees Rewards and other Exactions and put to great Expences under pretences of favour or otherwise whereby they are greatly Oppressed and many times Ruined in their Estates 2. For Remedy thereof Be it Enacted by the Authority aforesaid That if any Under-Sheriff Bailiff Serjeant at Mace or other Officer or minister whatsoever shall at any time or times hereafter have in his or their Custody any person or persons by vertue or colour of any Writ Process or other Warrant whatsoever it shall not be lawful for such Officer or Officers to convey or carry or cause to be conveyed or carried the said person or persons to any Tavern Ale-House or other publick Victualling or Drinking-house without the free and voluntary consent of the said person or persons so as to charge such Prisoner with any sum of Money for any Wine Beer Ale Victuals Tobacco or any other things whatsoever but what the said person or persons shall call for of his her or their own accord 3 And shall not demand take or receive or cause to be demanded taken or received directly or indirectly any other or greater Sum or Sums than what by Law ought to be taken or demanded for such Arrest taking or waiting until such person or persons shall have procured an Appearance found Bail agreed with his or their Adversaries or be sent to the proper Gaol belonging to the County City Town or Place where such Arrest or taking shall be 4. Nor take and Exact any other Reward or Gratuity for so keeping the said person or persons out of the Gaol or Prison than what he she or they shall or will of his her or their own
is garnisht with Golden Stars was not originally Erected but confirmed and establisht by the Stat. of the 3 H. 7. Ca. 1. For there had before been some such Jurisdiction as Cook observes 4. Instit fo 62. yet there is reason to believe That it grew up rather by Connivance and Usurpation than any due course of Law The Crimes it pretended to punish were the Exorbitant Offences of Great Men whom Inferiour Judges and Jurors though they should not would in respect of their Greatness be afraid to offend Bribery Extortion Maintenance Champerty Imbracery Forgery Perjury Libelling Challenges Duels c. Their proceedings were by English Bill and Process under the Great Seal and the punishments by them Inflicted were Fines Imprisonment Pillory Cutting off Ears c. But whatever pretences there were for the setting up this Court at first 't is certain it was made use of as a property of Arbitrary Power to Crush any whom the Ruling Ministers and Favourites had a mind to destroy and indeed there were Three things in the very nature of this Court which were destructive to the Original Constitution of our English Government and Liberties 1. They proceeded without Juries 2. They pretended to a Power to Examine men upon their Oaths touching Crimes by them supposed to be committed which is contrary to all Law and Reason For Nemo tenetur seipsum Accusare No man is bound to accuse himself 3. The Judges of this Court proceeded by no known Law or Rules but were left at Liberty to Act Arbitrarily and according to their own pleasures whereas the Law of Engl. hates to leave to any such an unlimited Power but as it marks out the several species of Crimes such or such an Act shall be Treason this Felony that petty Larceny c. So it awards certain and positive punishments proportionate to each of them Therefore this Court being found a Grievance to the Subject was by this Act dissolved and taken away And to the intent nothing of the like kind should by any other name be practised for the future it is Declared and Enacted That the King and His Privy Council shall not question or dispose of the Lands or Goods of any Subjects And if they do each Privy Counsellor or present forfeits 500l to the party grieved A Clause in the Act of 31. Car. 2. C. 1. Whereas by the Laws and Customs of this Realm the Inhabitants thereof cannot be compelled against their wills to receive Souldiers into their Houses and to sojourn them there Be it Declared and Enacted by the Authority aforesaid That no Officer Military or Civil nor any other person whatever shall from henceforth presume to Place Quarter or Billet any Souldier or Souldiers upon any Subject or Inhabitant of this Realm of any degree quality or profession whatever without his consent And that it shall and may be lawful for every such Subject and Inhabitant to refuse to Sojourn or Quarter any Souldier or Souldiers notwithstanding any Command Order Warrant or Billeting whatever HAVING thus recited several of the most material Statutes provided by the care and wisdom of our Ancestors and prudent Legislators for the Guarding and Securing our English Liberties I shall now for the Reader 's Information proceed to add certain other Laws of another nature And first give the Reader all the Statutes at this day in force against Protestant Dissenters upon the account of Religion And secondly an Abstract of all the Laws against Papists And in order to the first of these we begin with a Statute touching the Writ De Excommunicato Capiendo upon which many people have been prosecuted Which Act is as followeth Anno Quinto Reginae Elizabethae Ca. 23. An Act for the due Execution of the Writ De Excommunicato capiendo FOrasmuch as divers persons offending in many great Crimes and Offences appertaining meerly to the Jurisdiction and Determination of the Ecclesiastical Courts and Judges of this Realm are many times unpunished for lack and want of the good and due Execution of the Writ de Excommunicato Capiendo directed to the Sheriff of any County for the taking and apprehending of any such Offenders 2. The great abuse whereof as it should seem hath grown for that the said Writ is not Returnable in any Court that might have the Judgment of the well Executing and serving of the said Writ according to the Contents thereof 3. But hitherto have been left only to the discretion of the Sheriffs and their Deputies by whose Negligences and Defaults for the most part the said Writ is not Executed upon the Offenders as it ought to be 4. By reason whereof such Offenders be greatly encouraged to continue their sinful and criminous Life much to the displeasure of Almighty God and to the great contempt of the Ecclesiastical Laws of this Realm 2. Wherefore for the redress thereof be it enacted by the Queens Most Excellent Majesty with the assent of the Lords Spiritual and Temporal and the Commons in this present Parliament assembled and by the Authority of the same That from and after the first day of May next coming every Writ of Excommunicato Capiendo that shall be granted and Awarded out of the high Court of Chancery against any person or persons within the Realm of England shall be made in the time of the Term 2. And Returnable before the Queen's Highness Her Heirs and Successors in the Court commonly called the King's Bench in the Term next after the Teste of the same Writ 3. and the same writ shall be made to contain at the least twenty days between the Teste and the Return thereof 4. And after the same writ shall be so made and sealed that then the said Writ shall be forthwith brought into the said Court of King's Bench and there in the presence of the Justices shall be opened and delivered of Record to the Sheriffs or other officer to whom the serving and Execution thereof shall appertain or to his or their Deputy or Deputies 5. And if afterward it shall or may appear to the Justices of the same Court for the time being that the same writ so delivered of Record be not duty returned before them at the day of the return thereof or that any other Default or Negligence hath been used or bad in the not well serving and Executing of the said Writ that then the Justices of the said Court shall and may by Authority of this Act Assess such Amerciament upon the said Sheriff or other Officer in whom such Default shall appear as to the discretion of the said Justices shall be thought meet and convenient which Amerciament so Assessed shall be Estreated into the Court of Exchequer as other Amerciaments have been used 3. And he it further Enacted by the Authority aforesaid That the Sheriff or other Officer to whom such writ of Excommunicato Capiendo or other Process by virtue of this Act shall be directed shall not in any wise be compelled to bring the
the Judge setteth his Adversary to produce his Witnesses in Court and whom he names for Witnesses for him Let him also desire a time to be set in Court for him to produce his Witnesses and be careful to bring them at the time for they must all be sworn in the Court then Examined privately by the Register Unless the Adversary desireth a Commission to Examine Witnesses which is not often done because it is much more Chargeable is that Case there are no Witnesses in the Court produced and Sworn but before those Commissioners 12. if the party Defendant will he may deliver in to the Register Interrogatories upon which the Register shall Cross-Examine his Adversaries VVitnesses But he must be very wary as to this for he shall not afterward Except against any of his Adversaries Witnesses whom he hath Cross-Examined and made VVitnesses for himself 13. Let him Advise his own Witnesses to be very careful that the Register setteth down what they say in their own words that under the pretence of putting them into a decent phrase their whole sense be not altered 14. VVhen the time Probatory set at first by the Judge is expired let him desire of the Judge Publication If the Judge will grant longer time to prove let him desire the Advantage of the same time also to bring more VVitnesses for himself which he may or may not make use of as he pleases If once the Term given for proof be Expired let him desire Publication Liberty to take out a Copy of the depositions 15. VVhen he hath got a Copy let him diligently observe if he can prove any thing contrary to what the VVitnesses or any of them have sworn if he can let him at the next Court-day offer a paper of general Particular Exceptions shewing the Particulars which he Excepteth against in their depositions severally as well as his general Exceptions against them all Let him desire a time to bring in witness to prove his Exceptions If the Judge refuseth to admit his Exception or to give him due time to prove them he may again Appeal 16. VVhen once the Promoter hath Allowed to have Publication he may again move for time to Invalidate the proof of the Exceptions but not to fortifie his first proof If any Liberty of that Nature be desired the defendant may Appeal for unless in a case for the King after Publication no new VVitnesses can be produced 17. VVhen the party against whom the Promotion is peruseth the deposition let him strictly observe whether the particulars he is charged with be proved by two Witnesses for it is a Rule in their Law Vox unius est Vox Nullius and if the Iudge will admit the thing proved by one Witness a Prohibition Lyes for the Kings Judges will not only see that those Courts shall keep to matters truly belonging to their Jurisdiction but also that in the prosecution of them they shall keep to the Received Rules of their own Law in those main points of proof c. 18. It is an usual thing upon presentments by Church-VVardens when the party presented calls for proof of the presentment to tell them That the Church Wardens presentment is a Conviction they being sworn Officers But this is contrary to the Law of England which alloweth no presentment by Officers ex Officio to be a Conviction If Grand Juries at Assizes and Sessions do present this is no Conviction but the persons must after this be Indicted and proof made by VVitnesses If therefore the Ecclesiastical Court Insists on this the person may appeal or which it may be is better he may have a prohibition from the Kings Court at Westminster as some greater Lawyers think 19. VVhen the time for proof is Expired and Publication made and Exceptions given in and proved and Publication of those proofs also made either party may move for a time to be set to Conclude and to give the Judge Information of the whole state and merit of the Case and also to give Sentence in it 20. At the day set the Party Accused or Promoted against may Appear and shew to the Judge the whole state of the Case and plead it himself or if he will by an Advocate if any be at hand or for ought I know if there be none by Attorney or Counselor at Common-Law after which the Judge will appoint upon desire a day to give sentence 22. At that day the Party must have a form of an Absolutory Sentence ready to tender to the Judge if the Judge give Sentence against him he may appeal within 15 days by virtue of the statute 24. Hen. 8. 12. 22 All along the Prosecution the person against whom the Prosecution is shall do well after every Court to get the Acts of the Courts in his Case under the Registers hand and to keep them by him carefully So much I thought fit to add here for the Readers Instruction how to behave and Conduct himself when Troubled in those Courts because 't is a practice very little understood by means whereof greedy Proctors Solicitors and other ill men frequently make a prey of honest people therein concerned I shall now Recount the ways and means how to get off from the VVrit De Excommunicato Capiendo VVe told you before no Bail would be accepted nor will an Habeas Corpus avail you unless you have a mind only to change the Prison nor does a Prohibition or Homine Replegiando Lie But the several ways to help according as the Case happens are as followeth 1. If the Party Imprisoned hath brought a PROHIBITION by which the Ecclesiastical Court hath been commanded to proceed no further and to absolve the Person if Excommunicated and the Judge hath disobeyed the Writ and signified and procured the Party to be imprisoned the person that is imprisoned at any time in Term upon a Motion shall have first an Attachment against the Judge and then a Writ of Supersedeas to the Sheriff to deliver the Prisoner to follow the Attachment without any Submission to the Bishop at all or any Caution Such Writ may be found in the Register of Original writs pag. 66. Nay if the Attachment be granted and the Person be Imprisoned or a Writ out commanding him to be taken and the Term be done before the Attachment can be served the Register tell us that he shall have the same VVrit during the Vacation out of Chancery Nay it is the Opinion of men skilled in the Law that he shall have such a Supersedeas upon Affidavit made that the proceedings are contrary to a Prohibition served upon the Judge though no such Attachment be taken out 2. If the Party imprisoned or against whom the Writ is to take him though he be not taken hath appealed according to the Statute 24 Hen. 8. 12. If he bringeth into the Court of Chancery an Authentick copy of his Appeal he shall have a Writ of Supersedeas to stop the Sheriff from apprehending
him or to deliver him if he be apprehended only this must be within a Year after his Appeal that it may appear to the Court he hath not deserted his Appeal you may find forms of such a Supersedeas also in the Register of Original Writs both these are founded upon excellent Reason The Law of England will not suffer Ecclesiastical Judges either to invade their Right or to exalt themselves against their Authority nor yet suffer Inferiour Ecclesiastical Courts to invade the Right Power and Authority of Superiour Courts in their own Order 3 If a Person be sued in the Ecclesiastical Courts for a matter not within their Jurisdiction and they have caught him upon contempt in not appearing or not obeying their Sentence Upon a suggestion to the Kings Courts if it appear to them that the Original matter was not cognoscible in the Ecclesiastical Courts they will supersed the Proceedings and order the imprisoned Person to be discharged 4. If the imprisoned Person or he against whom the Writ is out though he be not taken bring a Copy of the Bishops Significavit into the Courts at Westminster and make it appear to the Judges there that the cause of Excommunication is not therein expressed together with the day when it was pronounced if he be not said to be excommunicated Majori Excommunicatione if it be not signed by the Bishop or said to be done Authoritate nostra ordinaria if the Party Excommunioated be not expressed by name the Court will deliver the person Dr. Cozens mentions three of these cases and the Reader also may find them in the Register of Writs The first he saith he cannot find in the Register viz. That the Articles or matter of the Libel must be expressed nor indeed do I find it there but it is in several Reports The reasons are 1. Because the Law will not suffer men to be imprisoned for every light offence this Dr. Cozens gives 2. Because the Kings Courts can recieve Significavits from none but the person to whom if need be they may write to discharge the Prisoner Nor will the Court suffer a person to be Excommunicated and lye in Prison for a Crime which the Ecclesiastical Court hath no judgment in nor yet unless it appeareth to the Court he hath stood Forty dayes excommunicated Again heretofore whole Cities and Communities have been excommunicated therefore the person must be expressed by name or he shall not lie there 5. Let him procure the Copy of the Writ de Excommunicato Capiendo and observe first if it be issued in Term-time 2. If there were full twenty days betwixt the Test and Return 3. If it be made Returnable the next Term. 4. If there be due Additions in it 5. If before it was delivered to the Sheriff it were Entered upon Record in the Kings-Bench and made Returnable into that Court. All these things are Required by the statute 5 Eiz 23 If any of these Errours be found he shall upon motion in the Kings Bench be discharged and the Writ will be declared Illegal Lastly If he can be delivered by none of these ways he may at any Sealing in the Chancery whether it be in Term or out of Term upon a petition to or motion before the L. Chancellor have the VVrit de Cautione Admittenda granted him in case he hath before offered the Bishop a Bond of 10. l or 20 l. with Sureties stare parere mandatis Ecclesiae in forma Juris when he hath it let him by some Attorney or Attorneys Clerk send it and tender a Bond and Sufficient Sureties with it to the Bishop and demand the Discharge of the Prisoner If it be not presently done let him certifie so much and at the next Seal move for a second Writ to the Bishop or which it may be is more adviseable let him move for a second Writ to the Sheriff the form of it is in the Register In that the King commandeth the Sheriff to admonish the Bishop to accept the Caution to deliver the Prisoner and further commands him that in case he doth it not in his presence the Sheriff should do it himself If the Sheriff yields not Obedience upon another Motion he ought to have a Writ to the Coroners commanding to take security of the Sheriff to appear at Westminster such a day to shew reason why he hath contemned the Kings Writ and further it commandeth the Coroners to take the Caution of the Prisoner and to deliver him The Reader may find all this in the Register where are the Forms of all these Writs and also in Dr. Cozens Apology p. 1. C. 2. who being himself a Judge in the Ecclesiastical Courts cannot be presumed to have told us any thing but what is Law contrary to their own Interest It is true the Bishop upon taking such Cautionary Bonds doth ordinarily Insist upon the persons paying the Prosecutors charges but it is unreasonable 1. Because he hath nothing to do but to Execute the Command of the Writ which speaks not a word of charges 2. Because if the charges be legally due the Promoter must have also a legal way to Recover them if not it is Extortion for the Ecclesiastical Judge to Exact them 3. Because it is no sufficient Return to the King 's Writ which mentioneth no such thing to say He could not discharge the Prisoner because he would not pay the Promoter's Charge But because the Legal Charges are small usually the Prisoner for his Liberty will pay the charges which are as follow  l. s. d. For the Adversary's Proctor every Court-day until he was Excommunicated and that day when the Significavit was decreed For every day 00 01 00 For the Proctor's Procuratory Letter Seal and VVax 00 01 08 For certifying the Service of the Citation 00 00 06 For the Articles if there were any 00 05 00 For an Act of Court for every day 00 00 02 For the Significavit 00 05 00 For the Significavit to deliver the Prisoner 00 05 00 For the Excommunication and the Schedule 00 02 04 For the VVrit de Excommunicato Capiendo and the charge of Entring it upon record in the King's-Bench about 01 01 00  02 01 08 If the business have proceeded no further than a Libel and Articles this is all the Legal Charges but if it hath proceeded further there may be for the Copy of the Answer 00 00 09 For every Witness Examined 1 s. and for the first 00 01 06 For a Fee to the Proctor at Inform. 00 03 00 For a Definitive Sentence 00 11 00 For the Advocate at the Sentence 00 10 00 But note the Charges are more or less as the Cause went further or lesser way before the Excommunication But if the Bishop will not take the Caution and discharge you you may have a second Writ directed to the High-Sheriff commanding him to go to the Bishop and require him to take the Caution and to deliver the Prisoner and
requiring him to do it himself if the Bishop still refuse And if the Sheriff do not do so you may have a Writ to the same purpose directed to the Coroner to do it as you may see in that Authentick Law-Book The Register of Original Writs fol. 66 and 67. So careful were our Forefathers for the Liberty of the Subjects Persons And hereby it appears that the Bishop is bound by Law to take such Caution that is Fidejussory Caution I mean by Bond and Sureties and thereupon to absolve the person Excommunicated though he will not take an Oath stare mandatis Ecclesiae To obey the commands of holy Church As for what shall be accounted such sufficient Caution the practice is for the Party and two Friends for there must be Two Sureties to be bound in a Bond of 10 l. seldom more or at most 20 l. to the Bishop conditioned that the Party shall obey the Commands of the Church but such Bond when entred into is but a Formality for they are never put in Suit and indeed signifie nothing Thus have we given our honest Countrey-men some few Directions how to act in this difficult and troublesom Affair being a Mystery unknown to many common practisers of the Law Note also That by the Statute of Car. 1. Ca. 11. For taking away the high Commission Court there is the following Clause And be it also Enacted by the Authority aforesaid that no Archbishop Bishop nor Viccar general nor any Chancellor Official nor Commissary of any Archbishop Bishop or Viccar general nor any Ordinary whatsoever nor any other Spiritual or Ecclesiastical Judge Officer or Minister of Justice c. shall Ex officio or at the Instance or promotion of any other person whatsoever urge enforce tender give or minister unto any Church Warden Sideman or other person whatsoever any Corporal Oath whereby he or she shall or may be charged or obliged to make any presentment of any Crime or offence or to confess or to accuse himself or herself of any Crime offence delinquency or misdemeanor or any Neglect matter or thing whereby or by reason whereof he or she shall or may be liable or exposed to any censure pain penalty or punishment whatsoever upon pain and penalty that every person who shall offend contrary to this Statute shall forfeit and pay Treble damages to every person thereby greived and the sum of 100 l. to him or them who shall first demand and sue for the same And tho by the Statute 13 Car. 2. Ca. 12. part of this Statute is abrogated yet this Clause is Excepted and confirmed by an express Proviso of the said last Act. And there are many precedents since His Majesties Restauration where Church Wardens being prosecuted in the Spir. Court for not Swearing to the Bishops Book of Articles of Inquiry have moved the Kings-Bench or common Pleas and obtained a prohibition to stop such proceedings as particularly in the Case of one Waters of Chichester in the Common Pleas. AND now coming to speak of the Laws upon which Protestant Dissenters are commonly prosecuted or threatned to be prosecuted I must for the Reader 's better understanding distinguish them for the truth is They are of two different Natures and kinds 1. Some Statutes which were wholly designed against Papists and ought only to be Exerted against them which yet some now would wrest and distort and make them Serve as Rods wherewith to lash dissenting Protestants for not coming to Church Receiving the Sacrament c. 2. The Laws that were indeed made against Puritan Sectaries as they call them or dissenting Protestants I shall first breifly sum up all the first Sort how many and what they are and show you the Reasons why they ought not to be turned upon such dissenters The Statutes I mean are in number Five viz. The 1. Elizabeth Ca. 2. The 23. Elizabeth Ca. 1. The 29. Elizabeth Ca. 6. The 1. Jac. Ca. 4. and 3 Jac. Ca. 4. which we shall handle in order 1. The Act of the 1. Eliz. Cap. 2. Was made Immediately after that Queens coming to the Crown when she found nothing but Papists and Protestants in General For the word Puritan in those days was not known much less our modern Terms of Reproach Whig Sectary or Fanatick and she being a good Protestant having been Educated therein and resolved to support that Religion casting about with her wise Council how to do it That the Indifferent and moderate sort of Papists might not be too much disgusted or alienated from the Protestant Religion but be rather invited to close therewith It was therefore on mature deliberation Concluded to go on gently as to the Reformation and not to throw off all the Ceremonies at once And therefore having a pattern of Protestant discipline made in King Edward the 6. time she follows the same steps as near as could be in the beginning and builds on the same Foundation which her pious Brother and his wise and honest Council had laid Therefore the first Act she passed was to take off the Jurisdiction of the See of Rome which had been Re-introduc'd by her Sister Mary of unhappy Memory and to take off all Coercive power whatsoever from Ecclesiastical Persons and all was annext to the Imperial Crown of England This Act was Intituled An Act to Restore to the Crown the antient Jurisdiction c. 1. Eliz. Ca. 1. And hereby all the Laws made in the time of Queen Mary for settling the Popes Authority in England were Repealed And also Section the 18th power is given to the Queen to grant Commissions under the Broad Seal of England to such Bishops or Laymen no matter which as she should appoint to hold Ecclesiastical Courts and none might do it without upon pain of a Praemunire and also the Oath of Supremacy is formed and hereby Injoined The very next Act is That which we have now under Consideration Intituled An Act of Vniformity and Common Prayer and Service in the Church and Administration of the Sacrament Which amongst other things Inflicts the penalty of 12d for not coming to Church every Sunday and Holy-day Now that this Act was intended against Papists may be concluded as well because the whole Act runs for the beating down of the Fopperies and superstitions of the Church of Rome and how could it aim at any sort of Protestants since at that time of day there were none but Papists and Churchmen in England This Twelvepence is not forfeited till Conviction which must be by a Jury to which purpose the Justices of Oyer and Terminer and of Assize and Mayors and Head-Officers of Corporations are Authorized To inquire hear and determine the same But the party must be Indicted the nextSessions or Assizes after the Offence or not at all So that they can upon this Act Prosecute at once for no more defaults than there are Sundaies Holy-days between one Sessions or Assizes and another And when the party is so Convicted the
follows I A. B. do declare that it is not lawful upon any pretence whatsoever to take Arms against the King and that I do abhor that Traiterous position of taking Arms by his Authority against his Person or against those that are commissioned by him and that I will conform to the Liturgy of the Church of England as it is now by Law established And I do declare That I do hold there lies no Obligation upon me nor any other person from the Oath commonly called the solemn League and Covenant to endeavour any change or alteration of Government either in Church or State and that the same was in it self an unlawful Oath and imposed upon the Subjects of this Realm against the known Laws and Liberties of this Kingdom But note that this last branch of this Declaration by a subsequent clause of the same Act was to continue but till the 25th day of March 1682. so that now the same is not to be required And thus much for this Five-Mile Act. We now proceed to the other Statute against Protestant Dissenters viz. Anno Vicessimo Secundo Caroli Secundi Regis Cap. 1. An Act to prevent and suppress Seditions Conventicles For providing further and more speedy Remedies against the growing and dangerous practices of Seditious Sectaries and other disloyal persons who under pretence of Tender Consciences have or may at their Meetings contrive Insurrections as late Experience hath shewn 2. Be it enacted by the King 's most Excellent Majesty by and with the Advice and Consent of the Lords Spiritual and Temporal and Commons in this present Parliament Assembled and by Authority of the same That if any person of the Age of sixteen years or upwards being a Subject of this Realm at any time after the tenth day of May next shall be present at any Assembly Conventicle or Meeting under colour or pretence of any Exercise of Religion in other manner than according to the Liturgy and practice of the Church of England in any place within the Kingdom of England Dominion of Wales or Town of Berwick upon Tweed at which Conventicle Meeting or Assembly there shall be five persons or more Assembled together over and besides those of the same houshold if it 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 where any five persons or more are so Assembled as aforesaid it shall and may be lawful to and for any one or more Justices of the Peace of the County Limit Division Corporation or Liberty wherein the Offence aforesaid shall be Committed or for the chief Magistrate of the place where the Offence aforesaid shall be committed and he and they are hereby Required and Enjoyned upon Proof to him or them Respectively made of such Offence either by Confession of the Party or Oath of two Witnesses 3. Which Oath the said Justice and Justices of the Peace and Chief Magistrate respectively are hereby Required and Impowered to Administer or by Notorious Evidence and Circumstance of the fact to make a Record of every such Offence under his or their Hands and Seals respectively which Record so made as aforesaid shall to all intents and purposes be in Law taken and adjudged to be a full and perfect Conviction of every such Offender for such offence and thereupon the said Justice Justices and Chief Magistrate respectively shall Impose on every such Offender so convict as aforesaid a Fine of five shillings for such first Offence which Record and Conviction shall be certified by the said Justice Justices or Chief Magistrate at the next Quarter-Sessions of the Peace for the County or place where the Offence was committed 2. And be it further Enacted by the Authority aforesaid That if such Offender so convicted as aforesaid shall at any time again commit the like Offence or Offences contrary to this Act and be thereof in manner aforesaid convicted then such Offender so convict of such like Offence or Offences shall for every such Offence incur the penalty of ten shillings 2. Which Fine and Fines for the first and every other Offence shall be Levied by Distress and Sale of the Offenders Goods and Chattels or in case of the poverty of such Offender upon the Goods and Chattels of any other person or persons who shall be then convicted in manner aforesaid of the like Offence at the same Conventicle at the discretion of the said Justice Justices or Chief Magistrate respectively so as the Sum to be Levied on any one person in case of the poverty of other Offenders amount not in the whole to above the Sum of ten pounds upon occasion of any one Meeting as aforesaid 3. And every Constable Headborough Tythingman Church-Wardens and Over-seers of the Poor respectively are hereby Authorized and Required to Levy the same accordingly having first received a Warrant under the Hands and Seals of the said Justice Justices or Chief Magistrate respectively so to do 4 The said Monies so to be Levied to be forthwith delivered to the same Justice Justices or Chief Magistrate and by him or them to be distributed the one third part thereof to the use of the King's Majesty His Heirs and Successors to be paid to the High Sheriff of the County for the time being in manner following that is to say the Justice or Justices of Peace shall pay the same into the Court of the respective Quarter-Sessions which said Court shall deliver the same to the Sheriff and make a Memorial on Record of the payment and delivery thereof which said Memorial shall be a sufficient and final discharge to the said Justice and Justices and a charge to the Sheriff which said discharge and charge shall be certified into the Exchequer together and not one without the other And no Justice shall or may be questioned or accountable for the same in the Exchequer or elsewhere than in Quarter-Sessions another third part thereof to and for the use of the Poor of the Parish where such Offence shall be committed and the other third part thereof to the Informer and Informers and to such Person and persons as the said Justice Justices or chief Magistrate respectively shall appoint having regard to their diligence and Industry in the discovery dispersing and punishing of the said Conventicles 3. And be it further enacted by the Authority aforesaid That every person who shall take upon him to preach or teach in any such Meeting Assembly or Conventicle and shall thereof be convicted as aforesaid shall forfeit for every such first Offence the sum of Twenty pound to be Levied in manner aforesaid upon his Goods and Chattles 2. And if the said Preacher or Teacher so convicted be a stranger and his Name and Habitation not known and is fled and cannot be found or in the Judgment of the Justice Justices or chief Magistrate before whom he shall be convicted shall be thought unable to pay the same the said
Justice Justices or chief Magistrate respectively are hereby impowered and required to levy the same by Warrant as aforesaid upon the Goods Chattels of any such persons who shall be present at the same Conventicle any thing in this or any other Act. Law or Statute to the contrary notwithstanding and the Money so levied to be disposed of in manner aforesaid 3. And if such Offender so convicted as aforesaid shall at any time again commit the like Offence or Offences contrary to this Act and be thereof convicted in manner aforesaid then such Offendor so convicted of such like Offence or Offences shall for every such Offence incur the penalty of Forty pounds to be levied and disposed as aforesaid 4. And be it further enacted by the Authority aforesaid That every person that shall wittingly and willingly suffer any such Conventicle Meeting or unlawful Assembly aforesaid to be held in his or her House Out-house Barn Yard or Backside and be convicted thereof in manner aforesaid shall forfeit the sum of 20 l. to be levied in manner aforesaid upon his or her Goods and Chattels or in case of his or her poverty or inability as aforesaid upon the Goods and Chattels of such persons who shall be convicted in manner abovesaid of being present at the same Conventicle and the Money so levied to be disposed of in manner aforesaid 5. Provided always and be it enacted by the Authority aforesaid That no person shall by any clause of this Act be liable to pay above Ten Pounds for any one Meeting in regard of the poverty of any other person or persons Provided also and be it further enacted That in all cases of this Act where the penalty or sum charged upon any Offendor exceeds the sum of Ten shillings and such offendor shall find himself aggrieved it shall and may be lawful for him within one Week after the said penalty or Money charged shall be paid or levied to appeal in writing from the person or persons convicting to the judgment of the Justices of the Peace in the next Quarter-Sessions 2. To whom the Justice or Justices of Peace chief Magistrate or Alderman that first convicted such offendor shall return the Money levied upon the Appellant and shall certifie under his and their Hands and Seals the Evidence upon which the conviction past with the whole Record thereof and the said Appeal 3. Whereupon such Offendor may plead and make defence and have his Tryal by a Jury thereupon 4. And in case such Appellant shall not prosecute with effect or if that upon such Trial he shall not be acquitted or Judgment pass not for him upon his said Appeal the said Justices at the Sessions shall give treble costs against such Offendor for his unjust Appeal 5. and no other Court whatsoever shall intermeddle with any cause or causes of Appeal upon this Act but they shall be finally determined in the quarter-Quarter-Sessions only 7. Provided alwaies and be it further Enacted that upon the delivery of such Appeal as aforesaid the person or persons appellant shall enter before the person or persons Convicting into a Recognizance to Prosecute the said Appeal with Effect 2. Which said Recognizance the Person or Persons Convicting is hereby Impowered to take and Required to Certifie the same to the next quarter Sessions 3. And in Case no such Recognizance be entred into the said Appeal to be null and Void 8. Provided alwaies that every such Appeal shall be left with the Person or Persons so Convicting as aforesaid at the time of the making thereof 9. And be it further Enacted by the Authority aforesaid that the Justice Justices of the Peace and Chief Magistrate respectively or the respective Constables Headboroughs and Tything-men by Warrant from the said Justice Justices or Chief Magistrate respectively shall and may with what Aid Force and Assistance they shall think fit for the better Execution of this Act after Refusal or Denial to enter break open and enter into any House or other place where they shall be Informed of any such Conventicle as aforesaid is or shall be held as well within Liberties as without 2. And take into their Custody the Persons there unlawfully Assembled to the Intent they may be proceeded against according to this Act 3. And that the Lieutenants or Deputy Lieutenants or any Commissionated Officer of the Militia or other of his Majesties forces with such Troops or Companies of Horse and Foot and also the Sheriffs and other Magistrates and Ministers of Justice or any of them jointly or severally within any of the Counties or Places within this Kingdom of England Dominion of Wales or Town of Berwick upon Tweed with such other Assistance as they shall think meet or can get in Readiness with the soonest on Certificate made to them respectively under the Hand and Seal of any one Justice of the Peace or Chief Magistrate of his particular Information or Knowledge of such unlawful Meeting or Conventicle held or to be held in their respective Counties or Places and that he with such Assistance as he can get together is not able to suppress and dissolve the same shall and may and are hereby required and enjoyned to Repair unto the place where they are so held or to be held and by the best means they can Dissolve Dissipate or prevent all such unlawful Meetings and take into their Custody such and so many of the said Persons so unlawfully Assembled as they shall think fit to the Intent they may be Proceeded against according to this Act. 10. Provided alwaies that no Dwelling-house of any Peer of this Realm where he or his Wife shall then be Resident shall be searched by vertue of this Act but by immediate Warrant from his Majesty under his Sign Manual or in the Presence of the Lieutenant or one Deputy Lieutenant or two Justices of the Peace whereof one to be of the Quorum of the same County or Riding 11. And be it further Enacted by the Authority aforesaid that if any Constable Headborough Tythingman Church-warden or Overseer of the Poor who Shall know or be credibly Informed of any such Meetings or Conventicles held within his Precincts Parishes or Limits and shall not give Information thereof to some Justice of the Peace or the chief Magistrate and endeavour the Conviction of the Parties according to his Duty but such Constable Headborough Tything-man Church-warden Overseers of the Poor or any person lawfully called in Aid of the Constable Headborough or Tything-man shall wilfully and wittingly omit the performance of his Duty in the Execution of this Act and Be thereof Convicted in manner aforesaid he shall forfeit for every such Offence the Summe of five Pound to be Levyed upon his Goods and Chattels and disposed in manner aforesaid 2. And that if any Justice of the Peace or Chief Magistrate shall wilfully and wittingly omit the Performance of his Duty in the Execution of this Act he shall forfeit the Summe of one