notwithstanding FINIS A Postscript touching Prosecutions in the Ecclesiastical Courts HAving thus done with the Temporal Prosecutions it may not be amiss to add a word concerning the Spiritual Persecutions now on foot by Citations and Excommunications not only to the great perplexity and trouble but to the great expence of the people In reference to which Men are to consider whether the present Ecclesiastical severity be according to Law or no For what ever is done to disturb the quiet and repose of particular Subjects contrary to Law is down right Oppression That the exercise of the Punishments of Excommunication and an Anathema is allowable against obdurate Hereticks and Schismaticks is apparent from Scripture and the same Scriptute directs both by whom how and upon whom these Sentences ought to be pronounced On the other side as there is no part of Scripture that erects any Ecclesiastical Courts of Judicature or Warrants the formal Processes of Citations Pleas and Answers or the extravagant Fees of Proctors Apparitors and Promooters so it appears that since the Reformation they have been abrogated by the Law of the Land as being look'd upon meerly to be the effects of Popish Usurpation For Episcopal Authority consists not so much in keeping Courts as in a true Inspection and Care over the Flock of Christ the Weapons of their Authory are only Admonition and Reprehension and then Excommunication comes of course a more Regular aud Apostolick way than by Processes and Citations As to all other Jurisdiction comprehending Force and Compulsion it is vested solely in the King who is by all true Protestants accounted the Defender of the Faith and the supream Head of the Church The Law it self runs thus And whereas the Arch-Bishops and Bishops and other Spiritual persons in this Realm do use to make and send out their Summons Citations and other Processes in their own names and in such form and manner as was used in the time of the usurped power of the Bishop of Rome contrary to the form and order of the Summons and Process of the Common Law used in this Realm seeing that all Authority of Jurisdiction Spiritual and Temporal is derived and deducted from the Kings Majesty as supreme head of these Churches and Realms of England and Ireland so justly acknowledged by the Clergy of the said Realm that all Courts Ecclesiastical within the said two Realms be kept by no other power or authority either forreign or within the Realm but by the authority of his most excellent Majesty Be it therefore further enacted by the Authority aforesaid that all Summons and Citations or other Process Ecclesiastical in all suits and causes of Instance betwixt party and party and all causes of Correction and all causes of Bastardy or Bigamy or enquiry de jure patronatus Probates of Testaments and Commissions of Administartions of persons deceased and all Acquittances of and upon account made by the Executor Administrators or Collectors of goods of any dead person be from the first day of July next following made in the name and with the style of the King as it is in Writs Original or Judicial at the Common Law And that the Test thereof be in the name of the Arch-Bishop or Bishop or other having Excclesiastical Jurisdiction who hath the Commission and grant of the Authority Ecclesiastical immediately from the Kings Highness and that his Commissary Official or Substitute exercising Jurisdiction under him shall put his name in the Citation or Process after the Test Further be it enacted by the Authority aforesaid That all manner of person or persons who have the exercise of Ecclesiastical Jurisdiction shall have from the first day of July before expressed in their Seals of Office the Kings Highness Arms decently set with certain Characters under the Arms for the knowledge of the Diocess and shall use no other Seal of Jurisdiction but where His Mejesties Arms be ingraven upon pain that if any person shall use Ecclesiastical Jurisdiction after the day before expressed in this Realm of England Wales or other his Dominions or Territories and not send or make out the Citation of Process in the Kings name or use any Seal of Jurisdiction other than before limited that every such Offender shall incur and run in the Kings Majesties displeasure and indignation and suffer Imprisonment at his Higness will and pleasure Provided that no more nor other Fees be taken or paid for the Seal and Writing of any Citations or other Process than was heretofore accustomed Which being true what power the Bishops have to hold their Spiritual Courts and send out Process in their own Names and to make Citations and Executions of Judgements under their own Seals is an enquiry not improper for them that believed themselves wronged This Act is said to have been repeal'd by the 1. and 2. of Philip and Mary c. 8. though no mention be made of it among the repeal'd Acts of that time However though it were it was again reviv'd by the 1. of Eliz. c. 1. in these words Most humbly beseech your most Excellent Majesty your faithful and obedient Subjects the Lords Spiritual and Temporal and the Commons in this your present Parliament assembled That where in the time of the Reign of your most dear Father of Worthy Memory King Henry the 8th divers good Laws and Statutes were made and Established as well for the utter extinguishment and putting away of all Usurped and Forreign Powers and Authorities out of this your Realm and other your Highness Dominions and Countries as also for the restoring and uniting to the Imperial Crown of this Realm the Ancient Jurisdictions Authorities Superiorities and Preheminencies to the same of right belonging and appertaining by reason whereof we your most humble and obedient Subjects from the Five and twentieth year of the Reign of your said dear Father were continually kept in good order and were disburdened of divers great and intollerable Charges and Exactions before that time unlawfully taken and exacted by such Forreign power and authority as before that was usurped until such time as all the said good Laws and Statutes by one Act of Parliament made in the first and second years of the Reigns of the late King Philip and Queen Mary your Highness Sister intituled an Act Repealing all Statues Articles and Provisions made against the See Apostolick of Rome since the Twentieth year of King Henry the eight and also for the Establishment of all Spiritual and Ecclesiastical Possessions and Hereditaments conveyed to the Laity were all clearly repealed and made void as by the same Act of Repeal more at large doth and may appear by reason of which Act of Repeal your said humble Subjects were eftsoons brought under an usurped Forreign Power and Authority and yet do remain in that bondage to the intollerable charges of your loving Subjects if some redress by Authority of this your High Court of Parliament with the assent of your Highness be not had and provided
the 19. day of February in the 35th year of the Queens Majesties Reign that now is there was an Act made Intituled An Act to retain the Queens Majesties Subjects in their due Obedience Be it enacted by the Authority of this present Parliament that this Act viz. 35 of Eliz. as well as the other there recited Statutes and Acts shall be by Authority of this present Parliament revived continued and endure in force and effect until the end of the next Parliament next ensuing The next Parliament was begun and holden at Westminister the 27th day of October in the 43th of Eliz. and there continued until the Dissolution thereof being the 19th of December next following Anno 1601. And there in the 9th Chapter Sect. 18. this 35 Eliz. is again continued by the Statute Intituled An Act for continuance of divers Statutes and for repeal of some others As the 27. Sect. of the said Act does make to appear The words are these Be it enacted by the Authority of this present Parliament that the same shall be continued and remain in force until the end of the first Session of the next Parliament At the Parliament begun and holden at Westminster the 19th day of March the first year of King James and there continued until the 7th of July Anno 1604 and then prorogued until the 7th of February next following which ended that Session In the 25th Chapter Intituled An Act for continuing and reviveing of divers Statutes and for repealing of some others in Sect. the 13th and the 24th this 35 Eliz. and among divers Acts is again continued in these words viz. Shall be continued and remain in force until the end of the first Session of the next Parliament At the Second Session of Parliament begun and holden by Prorogation at Westminster the 5th day of November in the Third year of King James and there continued until the 27th of May and from thence Prorogued till the 18th of November next following there is no mention at all made of any continuance of this 35 Eliz. Neither was there any mention made of this said 35 Eliz. at the next Session of the said Parliament begun and holden at Westminster by Prorogation the 18th day of November in the 4th year of King James which Session ended the 4th of July Anno 1607. and then was Prorogued until the 16th day of November next following Nor during all the Fourth Session of the said Parliament begun and holden by Prorogation at Westmimster the 19th day of February in the 7th of King James and there continued until the 23th day of July and then Prorogued until the 16th day of October next following Anno 1610. was there any the least mention of a continuance of this said 35 Elizabeth The Vacation after Hil. 20. Jac. MEmorand That on Monday the 17th of February at Serjeants-Inn upon the Assembly of all the Justices to take Consideration upon the Statute of 35 Eliz. c. 1. for the Abjuration of Sectaries the Attorny General and Serjeant Crew being there after the perusal of the Statute and the continuances thereof it was first upon debate considered Whether this Statute was in force or discontinued and upon the perusal of the Proviso in the Statute of Subsidy and upon reasoning the matter these Points were resolved 1. If a Parliament be Assembled and divers Orders made and a Writ of Error brought and a Record delivered to the higher House and divers Bills agreed but no Bills Signed That this is but a Convention and no Parliament or Session as it was Anno 12 Jac. in which as it was affirmed by them which had seen the Roll it is entred that it is not any Session or Parliament because that no Bill was signed vide 33. H. 6. Brook Parliament 86. Every Session in which the King signs Bills is a Parliament 2. It was agreed that if divers Statutes be continued until the next Parliament or next Session and there is a Parliament or a Session and nothing done therein as to continuance all the said Statutes are discontinued and gone And then it was moved whether this Statute was discontinued and seriatim Jones Chamberlain Hutton Denham Haughton Dodderidge Winch and Bromley declared their Opinions that this Statute is discontinued and that the statute of Subsidy is a Parliament and that every Parliament is a Session but not e converso for one Parliament may have divers Sessions as the Parliament 1 Jac. had four and ended 7 Jac. vide 33. H. 6. Bro. Parl. 86. and that this Proviso is not to any other purpose but to continue their proceedings in the same estate as if this Act had not been made and if this Proviso had not been then this statute had been discontinued by this Act of subsidy but when this ends and is determined then is the Session ended then it is a session scil a Parliament which ought to be pleaded at the Parliament holden c. and all the Commissions of subsidy are accordingly and the proviso call it a session Then this being done the Lord Chief Baron did not deliver any Opinion for he said that he had not considered the statute and afterwards it was desired that the Lords would deliver their Opinions and thereupon the Lord Hobart declared his Opinion accordingly That it seemed to him that it was a Session and that it was not safe to meddle with such Law and that he would never refuse to declare his Opinion with his Brethren After the Lord Chief Justice Ley made a long discourse concerning the purpose and intent of Parliament Scilicet That it was not their purpose to destroy so good Laws and therefore it was not any such Session as was within the intent of the preceding Parliament which was that these should determine when it is a Parliament or Session in which good Laws are made And Doderidge said that it was fit to see the Commission and that that which hath been said was not to bind any one but every one spoke what then he was advised of and peradventure might change upon better consideration And afterwards upon Tuesday on an Assembly of the two Chief Justices the Chief Baron Justice Haughtom Baron Denham Hutton Chamberlain and Jones the Attorney General brought the Commission de 12 Eliz. June 1. and that had these words Pro eo quod nullus Regalis assensus nec responsio per nos Praestat fuit nullum Parliamentum nec aliqua Sessio Parliamenti lata aut tent fuit They have power to adjourn this Parliament thus begun and the Commission to Dissolve this Parliament 28 Feb. Anno. 19 Jac. had the same words saving that he recite that he had given his Royal assent to an Act of Subsidy by which was intended that it should not be a Session and upon view of the Commission the Lord Chief Justice moved that the King was mistaken in this that he had given Power to
Dissolve this Parliament which had not any Session and if it be a Session then he had no power to Dissolve it and then it is as it were a recess and a Parliament cannot be discontinued or dissolved but by matter of Record and that by the King alone and if the Parliament yet continue then this Statute also continue during the Parliament by the Proviso but that would not serve For first it is against the intent of the King and against his Proclamation And also the Case is truly put in the Commission as to the matter in Fact and he is not misinformed but mistaken in the Law and then the Commission for the Dissolving is good semblable to the Lord Chandois Case and other Cases vide in Cholmley's Case but because that all the Judges were not at this Conference therefore it was deferred until the next term and in the interim the Grand Secretary and the Attorney General were to inform the King that the Statute is obscure and had not been put in ure and that we could not agree si divers Sessions sont in vn mesme Parlement le Roy ne signe bille tanque al darren la tout nest que un mesme jour tent avera relation al primer jour del primer Session le primer jour le darren jour nest que un mesme Parlement un mesme jour in ley nisi special mention soit fait in Pact quant ceo prendra force mes chescun Session in que le Roy signe les Billes est un jour a per lui un Parlement a per luy navera auter relation mes a mesme le Session quod not a diversitatem 33. H. 8. Bro. Tit. Parl. Fol. 119. b. num 86. That is in English if there be divers Sessions in one and the same Parliament and the King Signeth no Bill until the last day there all is but one and the same day and all shall have relation to the first day of the first Session and the first day and the last day is but one and the same Parliament and one and the same day in Law unless there be special mention made in the Act when that shall take its force but every Session wherein the King Signeth any Bills is a day by it self and a Parliament by it self and shall have no other relation but to the same Session wherein note the diversity 33. H. 8. When a Parliament is called and doth sit and is Dissolved without any Act of Parliament passed or Judgment given it is no Session of Parliament but a Convention Coke 4. Inst fo 28. vide also 2. Bulstr fo 237. In Hobart's Rep. p. 78. It is St. John's Case there was an Action brought on the Statute 21. H. 6. for not returning one Burgess c. And there it is said the Parliament was as none because there was no Act nor Record of it And in p. 111. Hobart says the 12 Jacobi which if you be judged by the Journal was a large and well occupied Parliament because no Act Passed nor Record is of it was resolved by all the Judges to be no Parliament And now we are come to the Parliament begun and holden at Westminster the 19 of February in the 21 Year of King James which was there continued until the 29 day of May following and then Prorogued to the second day of November Anno 1624. and there in the 28 Chapter is an Act Intituled An Act for continuing and reviving of divers Statutes and Repeal of divers others wherein are these words viz. And so much of one Act made in the 35 Year of the Reign of the said late Q. Elizabeth Intituled An Act to retain the Queens Majesties Subjects in their due Obedience as hath not been sithence Repealed by any other Statute and the other 57 Statutes which are there mentioned shall by vertue of this Act be judged ever since the Session of Parliament in the 7th 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 until the end of the first Session of the next Parliament Well in the next Parliament begun and holden at Westminster the 18 day of June Anno 1625. in the first Year of King Charlis the I. and there continued until the 11th day of July following and then Adjourned until the first day of August following unto Oxford several Acts Passed and by a special Bill then Past It was Enacted as followeth it is the 7th Chapter in Keeble viz. And all Statutes and Acts of Parliament which are to have continuance unto the end of this present Session shall be of full force after the said Adjournment until this present Session be fully ended and determined and if this Session shall determine by Dissolution of this present Parliament then all the Acts aforesaid shall be continued until the end of the first Session of the next Parliament At the next Parliament begun and holden at Westminster the 17th day of March Anno 1627. in the 3d Year of King Charles the I. there is an Act in the Fourth Chapter Intituled An Act for repeal and continuance of divers Statutes among which in the 21 Section this 35 Eliz. is mentioned thus viz. And so much of one Act made in tho 35 Year of the Reign of the late Q. Eliz. Intituled an Act to retain the Queens Majesties Subjects in their due Obedience as hath not been since Repealed by any other Statute and in the 22d Section it Enacts that this 35 of Eliz by vertue of this Act shall be and continue until the end of the first Session of the next Parliament holden in the first Year of the Reign of our Sovereign Lord the King that now is From that 3d Year unto the 16 there is no mention made as the Observer has truly Remark'd of any thing relating to the 35. Eliz. But in the 16 at the Parliament begun at Westminster the 3d day of November Anno 1640. c. 4. it is Enacted as followeth viz. And be it Enacted by the Authority aforesaid that the Passing of this present Act or of any other Act or Acts or His Majesties Royal Assent to them or any of them in this present Session of Parliament shall not be any determination of the said Session and that all Statutes and Acts of Parliament which have their continuance or were by an Act of Parliament made in the 3d Year of the Reign of His Majestie that now is Intituled An Act for the Continuance and Repeal of divers Statutes continued until the end of the first Session of the then next Parliament shall by virtue of this Act be adjudged ever since the Session of Parliament in the said Third Year to have been of such force and effect as the same were the last day of that Session and from thenceforth until some other Act
acquit him or them from such punishment any thing herein to the contrary notwithstanding 21. Provided always That every person convicted as aforesaid in Courts aforesaid other then his Majesties Courts of Kings-Bench or before the Justices of Assize or General Goal-delivery shall by Warrant containing a Certificate of such Conviction under the Hand and Seal of the respective Judg or Judges before whom such Conviction shall be had be sent to some one of his Majesties Goals in the same County where such Conviction was had there to remain without Bail or Mainprize untill the next Assizes or General-Goal-Delivery where if such person so convicted shall refuse to take the Oath aforesaid being tendered unto him by the â—ustice or Justices of Assize or Goal-delivery then such Justice or Justices shall cause Judgment of Transportation to be executed in such manner as judgment of Transportation by this Act is to be executed But in case such person shall take the said Oath then he shall thereupon be discharged 22. Provided always and be it Enacted by the Authority aforesaid That if any Peer of this Realm shall offend against this Act he shall pay 10 l. for the first offence and 20 l. for the second offence to be levied upon his Goods and Chattels by Warrant from any two Justices of the Peace or chief Magistrate of the place or Division where such Peer shall dwell and that every Peer for the third and every further Offence against the Tenour of this Act shall be tried by his Peers and not otherwise 23. Provided also and be it further Enacted by the Authority aforsaid That this Act shall continue in force for three years after the end of this present Session of Parliament and from thence forward to the end of the next Session of Parliament after the said three years and no longer Since this was finished I found in the London Gazette Published Thursday April 21. 1681. this Paragraph viz. To undeceive the Kings Loyal Subjects who may be misled into Error by a Pamphlet called The History of the Life and Death of 35 Eliz. These are to inform them that that Act amongst others was continued 1 Jac. until the end of the first Session of the next Parliament There were four Sessions in that Parliament the last whereof ended 7 Jac. but the Act was to continue to the first Session of the next Parliament and though every Session to some purposes be as a several Parliament yet it is no such Parliament which can have a first Session and is never in Acts of Parliament stiled the next Parliament The next Parliament summoned was 12 Jac. but because nothing was done therein it was held no Parliament Then a Parliament was summoned 18 Jac. wherein passed only Subsidies Granted by the Spiritualty and Temporalty Hence a question arose 20 Jac. whether 35 Eliz. was not discontinued upon this ground that 18 Jac. was a Session by passing the Subsidy Act which being referr'd to all the Judges nine of them were of Opinion 35 Eliz. with the other Laws continued 1 Jac. were thereby discontinued To prevent which mischief The Parliament 21 Jac. not only revives 35 Eliz. and those other Laws in all 58. but Enacts that they shall be ad udged ever since the Session of Parliament 7 Jac. to have been of such Force and Effect as the same were the last day of that Session And 't is undoubted they all were then in force by Virtue of 1 Jac. and the latter continuance run clear without the aid of the Declaratory Law of 16 Car. 2. And though this Conventicle Act of 16 Car. 2. be expired yet there is another of greater Force 22 of the King yet in being And having therein mentioned the Act of the 22 of his Present Majesty I thought I could not justly acquit my self of what I had undertaken viz. impartially and fully to let down all that might any ways have Relation to this 35. Eliz. c. 1. without giving you that Statute at Large whereby the Judicious Reader may fee how far it proves the 35 Eliz. still to be in force An Act to Prevent and Suppress Seditious Conventicles FOR providing further and more speedy remedies against the growing and dangerous practises 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 shown Be it Enacted by the Kings 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 16 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 then according to the Liturgy and practise 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 lawfull 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 which Oath the said Justice and Justices of the Peace and chief Magistrate respectively are hereby impowred and required 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 5 s. 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
May it therefore please your Highness for the repressing of the said usurped Forreign Power and the restoring of the Rites Jurisdictions and Preheminencies appertaining to the Imperial Crown of this your Realm that it may be Enacted by Authority of this present Parliament That the said Act. made in the first and second years of the Reign of the said late King Philip and Queen Mary and all and every branches Clauses and Articles therein contained other than such branches Clauses and Sentences as hereafter shall be excepted may from the last day of this Session of Parliament by Authority of this present Parliament be repealed and shall from thenceforth be utterly void and of none effect And to the intent that all Usurped and Forreign Power and Authority Spiritual and Temporal may for ever be clearly extinguished and never be used or obeyed within this Realm or any other your Majesties Dominions or Countries May it please your Highness that it may be further enacted by the Authority aforesaid That no Forreign Prince Person Prelate State or Potentate Spiritual or Temporal shall at any time after the last day of this Session of Parliament use enjoy or exercise any manner of Power Jurisdiction Superiority Authority Preheminence or Priviledg Spiritual or Ecclesiastical within this Realm or within any other your Majesties Dominions or Countries that now be or hereafter shall be but from thenceforth the same shall be clearly abolished out of this Realm and all other your Highness Dominions for ever any Statute Ordinance Custom Constitutions or any other matter or cause whatsoever to the contrary in any wise notwithstanding And that also it may please your Highness that it may be established and enacted by the Authority aforesaid that such Jurisdictions Priviledges Superiorities and Preheminencies Spiritual and Ecclesiastical as by any Spiritual or Ecclesiastical Power or Authority hath heretofore been or may lawfully be exercised or used for the Visitation of the Ecclesiastical State and Persons and for Reformation Order and Correction of the same and of all manner of Errors Heresies Scismes Abuses Offences Contempts and Enormities shall for ever by Authority of this present Parliament be united and annexed to the Imperial Crown of this Realm And that your Highness your Heirs and Successors Kings or Queens of this Realm shall have full Power and Authority by vertue of this Act by Letters Patents under the Great Seal of England to Assign Name and Authorize when and as often as your Highness your Heirs or Successors shall think meet and Convenient and for such and so long time as shall please your Highness your Heirs or Successors such Person or Persons being natural born Subjects to your Highness your Heirs and Successors as your Majesty your Heirs or Successors shall think meet to exercise use occupy and execute under your Highness your Heirs and Successors all manner of Jurisdictions Priviledges and Preheminencies in any wise touching or concerning any Spiritual or Ecclesiastical Jurisdiction within these your Realms of England and Ireland or any other your Highness Dominions and Countries and to visit reform redress order correct and amend all such errors heresies schismes abuses offences contempts and enormities whatsoever which by any manner of Spiritual or Ecclesiastical Power Authority or Jurisdiction can or may lawfully be reformed ordered redressed corrected restrained or amended to the pleasure of Almighty God the increase of Vertue and the conservation of the Peace and Unity of this Realm And that such person or persons so to be named assigned authorised and appointed by your Highness your Heirs or Successors after the said Letters Patents to him or them made and delivered as is aforesaid shall have full power and authority by vertue of this Act and of the said Letters Patents under your Highness your Heirs and Successors to exercise use and execute all the premises according to the Tenor and effect of the said Letters Patents any matter or cause to the contrary in any wise notwithstanding By which branches of this Statute it seems to be most demonstrable that all manner of Jurisdiction in Causes Spiritual and Ecclesiastical is invested in the Crown and that no Spiritual Courts may be holden but by the Kings Commission Lastly By the 16. Car. primi the very branch of the Statute for granting Commissions is also repealed which left the Ecclesiastical Courts no power at all Seeing then that all Power both Temporal and Ecclesiastical is vested in the King it seems to be a high point of disobedience for Subjects to hold Courts of Judicature to disturb and punish the Kings Liege People without any Legal Authority From whence may arise these few short Quaeries Qu. 1. Whither it be not proper for the persons cited to demand the sight and hearing of the Commission by which the Judges claim their Jurisdiction 1st for their own safety 2dly In point of Loyalty to the King 3dly As being obliged by the Oath of Supremacy to renounce â—â—l Forreign Jurisdictions Qu. 2. Supposing the said Judges produce no Authority from the King yet proceed to Excommunication whether the said Excommunication be not void Qu. 3. Whether the said Judges be not Indictable upon a Pramunire or liable to an Action as Counsel shall direct For what remains the parties concerned may take their measures as they find most necessary for self preservation from Mr. Cary's True Guide for all persons concern'd in Ecclesiastick Courts FINIS Rast Stat. vol. 2. c. 1. fo 397. This Parliament began the 19 of February in the 35th of the Queen and was dissolved the 10th of April following Abjure The form of the Submission 39 Eliz. c. 18. 43. Eliz. c. 9. Sect. 18. Sect. 27. King James began his Reign Anno 1602 March the 24th 1. Jacobi ca. 25. Sect. 13. and 24. Sessio 2. 3. Jacob. 3. Session 4. Jacobi 4. Session 7 Jacobi Huttons Rep. fol. 61. Resolutions upon the Statute of 35 Eliz. c. 1. concerning Sectaries What shall be said a Session of Parliament This Statute was Anno 18 Jacobi and Printed but is not in any of the Statute Books Saint-John versus Saint-John 21 Jac. c. 28 58 Statutes in this Act revived and continued 1 Car. 1. cap. 7. This Session of Parliament by reason of the increase of the Sickness and other inconveniences of the Season requiring a speedy Adjournment nevertheless shall not determine by His Majesties Royal Assent to this some other Acts. 3 Car. 1. cap. 4. Sect. 21. Sect. 22. * in his History of the Life and Death of the 35. Eliz. c. 1. An. 16. Car. 1. cap. 4. An. 16. Car. 2. This 35. Eliz. c. 1. was continued but that Act it seems is since expired Keeble Stâ— fo 1293. c. 4. 35. Eliz. c. 1. declared to be in force Statutes are of two sorts Those that are introductory of a New and those that are declaratory of an old Law Further remedy against Seditious Sectaries Unlawful Conventicles and Meetings under pretence of Exercise of Religion forbidden The punishment and manner of proceeding against them for the first Offence Second Offence Third Offence How seditious Sectaries being convicted may be transported How the Offendâ—r 〈…〉 discharged â—pâ—n payment of â—f 〈◊〉 pâ—und Punish 〈◊〉 of Offendâ—rs 〈◊〉 the tâ—ird Offence How the sâ—id Penalty of 〈◊〉 poâ—â—d shall be disposâ—d Persâ—n sued fâ—r execâ—ting this Act may plead the geneâ—â—ral Issue aâ—d recover â—reble Câ—sts Felony to escâ—pe after Convictim or to retâ—rn after Transportation Seditious and tumâ—ltuous Mettings and Conveâ—ticles The penalty of suffering Conventieles in private houses Goalers may not let Prisoners committed upon this Act to go at large The Penalty Within what time Offendâ—rs must be prâ—sâ—cuted Married women how to be punished How Justices of the Peace may enter into houses suspected for Conventicles The houses of Peers What persons may not be commited to the house of Correction Persons served with Process Refusing to take au Oath 14. C. 2. ca. How such persons may be acquited Peers offending how to be proceeded against The continuance of this Act Keeble St. A. 12. Car 2. c. 1. fol. 1. 61. The Preamble 16 Car. 2. c. 4. Conventicles c. forbidden after the Tenth of May 1670. How the Offendors must be Convicted The penalty for the first Offence The Record and Conviction to be returned to the next Quarter Sessions The Penalty for the second offence The Penaltiâ—s how to be levied Constablet c. to levy the same and pay it to â—he Justice immediately How the penalties are to be devided Certificate into the Exchequer The penalty of such as Preach or teach in a Conventicle how to be levied and dispâ—sed The forfeit re of such as suffer Conventicles iâ— their Houses Provâ—so Appeâ—â—s way be and to whom and in whâ—t Cases Appellant to enter into a Recâ—gnizaâ—ce Justices of Peace Câ—â—stabâ—es c 〈◊〉 refusal may break upon doâ—rs Lieutenants Deputy Lieutenanâ—s and 〈◊〉 Officers â—f the Miliâ—ia â—ust disperse Conventicles either with Horse or Foot Proviso for Peers of the Realm The penalty of all Justices of Peace Constables and othâ—r Officers Civil aâ—d Military that omit their duty in pâ—rforâ—iâ—g this Act. All persons indeâ—priâ—ied that put this Act in execution This Act to be interpreted â—ost beneficially for the suppressing Conventicles Offeâ—dâ—rs to be prâ—secuted within three months after the offence Aldermen within London have the same power there as Justices of Peace elsewhere Feme-Covert Peers of the Realm Proviso fâ—r the Kings Supremacy Sect. 1. Sect. 2. Sect. 16. Sect. 17. Sect. 18.
of this Paragraph does not in the least impose upon them But the Eleventh Section is more particular in these words And be it farther Enacted c. That if any Constable c. who shall know or be credibly informed of any such Meetings held within his Precinct and shall not give Information thereof c. according to his duty and endeavour the Conviction of the Parties but shall wilfully omit the performance of his duty in the Execution of the Act and shall be convicted thereof shall forfeit the sum of five pounds By this Paragraph it is very plain indeed that if the Constable do either know of himself or be credibly informed and do not do his duty he forfeiteth 5 l. but still if he neither know nor be credibly informed he is not bound to be so sedulous as to go upon the Hunt But suppose the Constable c. should either know of himself and be credibly informed and should do his duty that is give Information and should receive a Warrant to break open the House and enter yet finding nothing of Resistance he is still but where he was in regard that not having been there from the beginning to the end he cannot be positive whether the Persons there Assembled did exercise a Religion according to the Liturgy or Practice of the Church of England or not which if they did he has no power either to take their Names or apprehend their Persons unless they should be so imprudent as to make resistance and give an occasion for their Military Power to be raised for their suppression for then as Mutineers and Seditious persons they break their own peace by disturbing the Kings and by making it appear they are the Persons intended by this Act render themselves obnoxi us not only to the Penalties of this but of much more severe Laws From which enjoyning of the Military Officers to be aiding and assisting to the Constables with armed Force Reason may not improperly collect the sense and meaning of the Act to be no other than what has been already presum'd For Armed Force and Constablâ—s could never be intended by the Law against Passive submission and obedience Naked Swords and Constables Staves could never be intended by Christian Legislators to compel the compliance of sincere and upright Conscience to things of small concernment in respect of those Fundamentals wherein the Prosecutors and the Prosecuted both agree And therefore while the Civil Magistrate has taken such extraordinary care for the publick safety and tranquility of the Nation it should not be the aim of others to carve out for them their Care the support and maintenance of any By Interest whatever An aim too apparent by their publick dissatisfaction and open exclaiming against that noble Act of his Majesties most Royal Goodness His Declaration for Liberty of Conscience too unhappily severe those Counsels that removed the Land-mark of his Regal Benignity A presumption that they believe themselves more worthy or more able to manage that part of Prerogative themselves and grutch him the exercise of his Right Whereas the Legislators with more Duty provide that nothing in their Act shall extend to invalidate or avoid his Majesties Supermacy in Ecclesiastical Affairs But the Dissenting Protestants acknowledge their Soveraign to be both King and Priest A King as he is the Supream Head of the Government a Priest as the Supream Head of the Church To whom as their lawful Soveraign and Head of the Government as they have been alwaies ready to yield the utmost of their obedience so shall they never withdraw from him the utmost of their Fidelity And from whose Priestly Office they have yet hopes to feel the influences of his former Grace and Mercy when their Cause shall be better examined For 't is not the Exasperation of the Pens of Wicked men continually scribling Division nor the Subornations of Popery to fix imaginary Plots and load their Innocence with the guilt and Villanies of others but the Truth of their Profession and their upright walking before God and Man which they hope will at length turn the Reproaches and Calumnies of their Enemies upon their own Heads 'T is Vnion which all True Protestants desire which they daily implore from God There is nothing but Vnion wanting in this Rich and Plentiful Land Which as it is only obstructed by Papists or persons papistically affected as it is apparent by their daily Machinations and contrivances to unsetle and weaken the true Protestant Interest so there can be no greater Argument for Protestants to unite with Protestants against the Common Enemy of their Religion From these and Grounds of the same Nature there are some who have drawn this general Conclusion That it would be more conducing to the good of the Kingdom and the Benefit of the Protestant Religion that the Penal Laws against Non-Conformists in reference to differences of Religion might not be put in Execution but forborn till our most Gracious Soveraign and his great Council the Parliament should take the state of Divided Protestants into their wise Consideration and reduce things to a happier Legal Establishment Eor proof of which it may not be altogether improper to give a short Recapitulation of the Reasons brought in defence of the Position 1. That it cannot be good to execute the 35 of Eliz. which the whole Parliament thought dangerous to the whole Protestant Interest in England and did as far as in them lay disannul 2. It cannot be proper to execute that Law upon them who cannot properly be guilty of the Crime at which the Law aims 3. It cannot be proper to execute any Law upon Dissenting Protestants which was promoted by men Popishly inclined and which since appeared to be Papists as was the Five Mile Act. 4. Because it seems somewhat preposterous to rid the Land of Dissenting Protestants persons professing true Religion and Loyalty yet leave the Papists the Enemies of the King and Church to stay behind 5. Because the Penal Laws are to be inflicted upon the proper objects as Seditious Sectaries disloyal persons Hypocrites that make Religion a cloak and pretence to install principles of Schism and Sedition not upon Meetings where there is no tendency to any such Designs 6. A sixth Argument is drawn from the Piety of the Non-Conformists Principles and the Peaceableness of their Behaviour found so to be from the Experience of many years 7. Because they are Protestants and it seems not so well done to use Protestants the Kingdoms Friends and Strength worse than Papists the Enemies of the Kingdom and Protestant Religion 8. Because it is not good to execute the Law with a heavy Hand upon all and every Offender without making a difference between one man and another between one Offence and another 9. Because by their publick Preaching their judgments and practises are best discovered and being in the Head of the younger Dissenters they are as Directions and Examples to them to keep them from
then also make out Warrants to the several Constables Head-boroughs or Tythingmen of the respective places where the Estate Real or Personal of such Offender to be transported shall happen to be commanding them thereby to sequester into their hands the Profits of the Lands and to distrain and sell the Goods of the Offender so to be transported for the reimbursing of the said Sheriff and such reasonable Charges as he shall be at and shall be allowed him by the said respective Court for such conveying and embarquing of such Offender so to be transported rendring to the party or his or her Assigns the Overplus of the same if any be unless such Offender or some other on the behalf of such Offender so to be transported shall give the Sheriff such Sureties as he shall approve of for the paying all the said Charges unto him 6. And be it further enacted by the Authority aforesaid That in default of defraying such Charges by the parties to be transported or some other in their behalf or in default of Security given to the Sheriff as aforesaid it shall and may be lawful for every such Sheriff to contract with any Master of a Ship Merchant or other person for the transporting of such Offender at the best rate he can and that in every such case it shall and may be lawful for such persons so contracting with any Sheriff for transporting such Offender as aforesaid to detain and imploy every such Offender so by them transported as a Labourer to them or their Assigns for the space of Five Years to all intents and purposes as if he or she were bound by Indentures to such person for that purpose And that the respective Sheriffs shall be allowed or paid from the King upon their respective Accounts in the Exchequer all such Charges by them expended for conveying embarquing and transporting of such persons which shall be allowed by the said respective Courts from whence they received their respective Warrants and which shall not have been by any of the ways aforementioned paid secured or reimbursed unto them as aforesaid VII Provided always and be it further Enacted That in Case the Offendor so indicted and Convicted for the said third Offence shall pay into the hands of the Register or Cler of the Coart or Sessions where he shall be Conuicted before the said Court or Sessions shall be ended the sum of 10 l. That then the said Offendor shall be discharged from Transportation and the Judgment for the same 8. And be it further Enacted That the like Imprisonment indictment Arraignment and Proceedings shall be against every such Offender as often as he shall again offerd after such third Offence nevertheless is dischargeable and discharged by the payment of the like sum as was paid by such Offendor for his or her said Offence next before committed together with the Additional and increased sum of 100 l. more upon every new Offeâ—ce committed the said respective sums to be paid as aforesaid and to be disposed of as followeth viz. the one moiety for the Repair of the Parish-Church or Churches Chappel or Chappels of such Parish within which such Conventicle Assembly or meeting shall be held and the other moiety to the Repair of the High-ways of the said Parish or Parishes if need require or otherwise for the amendment of such High ways as the Justices of the Peace at their respective Quarter-Sessions shall direct and appoint And if any Constable Head orough or Tythingman shall neglect to Execute any the said Warrants made unto them for sequestring distraining and selling any of the Goods and Chattels of any Offendor against this Act for the levying such sums of money as shall be imposed for the first or second Offence he shall forfeit for every such neglect the sum of 5 l. of lawful money of England the one Moiety thereof to the King and the other Moiety to him that will sue for the same in any of the Kings Courts of Record as aforesaid And if any person be at any time suâ—d for putting in Execution any of the powers contained in this Act such person shall and may plead the General Issue and give the special matter in Evidence And if the Plaintiff be Non-suit or a Verdict pass for the Defendant thereupon or if the Plaintiff discontinue his Action or if upon Demurrer Judgment be given for the Defendant every such Defendant shall have his or their treble Costs 9. And be it further Enacted That if any person against whom Judgment of Transportation shall be given in manner aforesaid shall make escape before Transportation or being Transported as aforesaid shall return unto this Realm of England Dominion of Wales and Town of Barwick upon Tweed without the special Licence of his Majesty his Heirs and Successors in that behalf first had and obtained That the party so escaping or returning shall be adjudged a Fellon and shall suffer Death as in case of Fellony without benefit of Clergy and shall forfeit and loose to his Majesty all his or her Goods and Chattels for ever and shall further loose to his Majesty all his or her Goods and Chattels Lands Tenements and Hereditaments for and during the Life of such Offendor and no longer And that the Wife of any such Offendor by force of this Act shall not lose her Dower nor shall any corruption of Blood grow or be by reason of any such Offence mentioned in this Act but that the Heir of every such Offendor by force of this Act shall and may after the death of such Offendor have and enjoy the Lands Tenements and Hereditaments of such Offendors as if this Act had not been made 10. And for better preventing of the mischiefs which may grow by such seditious and tumultuous Meetings under pretence of Religious Worship Be it further Enacted by the Authority aforesaid That the Lieutenants or Debuty-Lieutenants or any Commissioned Officers of the Militia or any other of his Majesties Forces with such Troops or Companies of Horse or Foot and also the Sheriffs and Justices of Peace and other Magistrates and Ministers of Justice or any of them jointly or severally within any 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 as aforesaid of his particular information or knowledg of such unlawful Meetings or Conventicles 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 or dissolve the same shall and may and are hereby required to repair unto the place where they are so held or to be held and by the best means they can to dissolve and dissipate or