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shall be excepted may from the last day of this Session of Parliament by Authority of this present Parliament be repealed and shall from thenceforth be utterly void and of none effect And to the intent that all Usurped and Forreign Power and Authority Spiritual and Temporal may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 Parliament be made touching the continuance or discontinuance of the said Statutes and Acts in the said Act of the Third Year of His Majesties Reign continued as aforesaid And from this Statute we find nothing of the 35 Eliz. cap. 1. till we come to the 16 of his now Majesty and that Act I have recited here at large as followeth Viz. An Act to Suppress Seditious Conventicles VVHEREAS an Act made in the 35th Year of the Reign of our late Sovereign Lady the Queen Elizabeth Entituled 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 due execution 2. For providing therefore of further and more speedy Remedies against the growing and dangerous practices of seditious Sectaries and other disloyal persons who under pretence of Tender Consciences do at their Meetings contrive Insurrections as late Experience hath shewed 3. Be it enacted by the Kings most Excellent Majesty by and with the advice and consent of the Lords Spiritual and Temporal and the 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 first day of July which shall be in the Year of our Lord 1664 shall be present at any Assembly Conventicle or Meeting under colour or pretence of any Exercise of Religion in other manner than is allowed by the Liturgy or Practice of the Church of England in any place within the Kingdom of England Dominion of Wales and Town of Berwick upon Tweed at which Conventicle Meeting or Assembly there shall be Five Persons or more assembled together over and above those of the same Houshold then it shall and may be lawful to and for any two Justices of the Peace of the County Limit Division or Liberty wherein the Offence aforesaid shall be committed or for the chief Magistrate of the place where such Offence aforesaid shall be committed if it be within a Corporation where there are not two Justices of the Peace and they are hereby required and enjoyned upon proof to them or him respectively made of such Offence either by Confession of the Party or Oath of Witness or notorious Evidence of the Fact which Oath the said Justices of the Peace and chief Magistrate respectively are hereby impowered and required to administer to make a Record of every such Offence and Offences under 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 Justices and chief Magistrate respectively shall commit every such Offender so convicted as aforesaid to the Gaol or House of Correction there to remain without Bail or Mainprise for any time not exceeding the space of three Moneths unless such Offender shall pay down to the Justices or chief Magistrate such Summ of Money not exceeding 5 l. as the said Justices or chief Magistrate who are hereby thereunto authorized and required shall fine the said Offender at for his or her said Offence which Money shall be paid to the Churchwardens for the relief of the Poor of the Parish where such Offender did last inhabit 4. 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 contrary to this Act and be thereof in manner aforesaid convicted then such Offender so convict of such second Offence shall incurr the penalty of Imprisonment in the Gaol or House of Correction for any time not exceeding six Moneths without Bail or Mainprise unless such Offender shall pay down to the said Justices or chief Magistrate such Summ of Money not exceeding 10 l. as the said Justices or chief Magistrate who are thereunto authorized and required as aforesaid shall fine the said Offender at for his or her said second Offence the said Fine to be disposed in manner aforesaid 5. And be it further enacted by the Authority aforesaid That if any such Offender so convict of a second offence contrary to this Act in manner aforesaid shall at any time again commit the like offence contrary to this Act then any two Justices of the Peace and chief Magistrate as aforesaid respectively shall commit every such Offender to the Gaol or House of Correction there to remain without Bail or Mainprise untill the next General Quarter Sessions Assizes Gaol-delivery Great Sessions or Sitting of any Commission of Oyer and Terminer in the respective County Limit Division or Liberty which shall first happen when and where every such Offender shall be proceeded against by Indictment for such Offence and shall forthwith be arraigned upon such Indictment and shall then plead the General Issue of Not Guilty and give any special matter in Evidence or confess the Indictment And if such Offender proceeded against shall be lawfully convict of such Offence either by Confession or Verdict or if such Offender shall refuse to plead the General Issue or to confess the Indictment then the respective Justices of the Peace at their General Quarter Sessions Judges of Assize and Gaol-delivery at the Assizes and Gaol-delivery Justices of the Great Sessions at the Great Sessions and Commissoners of Oyer and Terminer at their Sitting are hereby enabled and required to cause Judgment to be entered against such Offender that such Offender shall be transported beyond the Seas to any of His Majesty's Forein Plantations Virginia and New Engl. only excepted there to remain seven Years and shall forthwith under their Hands and Seals make out Warrants to the Sheriff or Sheriffs of the same County where such Conviction or Refusal to plead or to confess as aforesaid shall be safely to convey such Offender to some Port or Haven nearest or most commodious to be appointed by them respectively and from thence to embarque such Offender to be safely transported to any of His Majesty's Plantations beyond the Seas as shall be also by them respectively appointed Virginia and New England onely excepted Whereupon the said Sheriff shall safely convey and embarque or cause to be conveyed or embarqued such Offender to be transported as aforesaid under pain of forfeiting for default of so transporting every such Offender the Summ of 40 l. of lawful Money the one moiety thereof to the King and the other moiety to him or them that shall sue for the same in any of the Kings Courts of Record by Bill Plaint Action of Debt or Information in any of which no Wager of Law Essoin or Protection shall be admitted And the said respective Court shall
prevent all such unlawful Meetings and take into their Custody such of those persons so unlawfully Assembled as they shall judg to be the Leaders and Seducers of the rest and such others as they shall think fit to be proceeded against according to Law for such their Offences 11. And be it Enacted by the Authority aforesaid That every person who shall wittingly and willingly suffer any such Conveticle unlawful Assembly or Meeting aforesaid to be held in his or her House Out-house Barn or Room Yard or Backside Woods or Grounds shall incur the same Penalties and Forfeitures as any other Offendor against this Act ought to incur and be proceeded against in all points in such manner as any other Offendor against this Act ought to be proceeded agianst 12. Provided also and be it Enacted by the Authhrity aforesaid That if any Keeper of any Goal or House of Correction shall suffer any person committed to his Custody for any Ossence against this Act to go at Large contrary to the Warrant of his Commitments according to this Act or shall permit any Person who is at Large to joyn with any Person Committed to his Custody by vertue of this Act in the exercise of Religion disfering from the Rites of the Church of England Then every such Keeper of a Goal or House of Correction shall for every such Offence forfeit the sum of 10. l. to be levied raised and disposed by such persons and in such manner as the Penalties for the first and second Offences against this Act are to be Levied Raised and disposed 13. Provided always That no person shall be punished for any Offence against this Act unless such Offendor be prosecuted for the same within three Months after the offence committed and that no person who shall be punished for any Offence by vertue of this Act shall be punished for the same Offence by vertue of any other Act or Law whatsoever 14. Provided also and be it Enacted That Judgment of Transportation shall not be given against any Feme Covert unless her Husband be at the same time under the like Judgment and not discharged by the payment of money as aforesaid but that instead thereof she shall by the respective Court be committed to the Goal or House of Correction there to remain without Bail or Mainprize for any time not exceeding 12 Months unless her Husband shall pay down such sum not exceeding 40 l. to redeem her from imprisonment as shall be imposed by the said Court the said sum to be disposed by such persons and in such manner as the Penalties for the first and second Offence against this Act are to be disposed 15. Provided also and be it Enacted by the Authority aforesaid That the Justices of the Peace and Chief Magistrate respectively impowered as aforesaid to put this Act in Execution shall and may with what Aid Force and Assistance they shall think fit for the better Execution of this Act after refusal or denial enter into any House or other place where they shall be informed any such Conventicle as aforesaid is or shall be held 16. Provided That no Dwelling-house of any Peer of this Realm whilest he or his Wife shall be there Resident shall be searched by vertue of this Act but by immediate Warrant from his Majesty under his Sign Manual or in the prefence of the Lieutenant or one of the Deputy-Lieutenants or two Justices of the Peace whereof one to be of the Quorum of the same County or Riding nor shall any other Dwelling-house of any Peer or other person whatsoever be entered into with Force by vertue of this Act but in the presence of one Justice of the Peace or chief Magistrate respectively except within the City of London where it shall be lawful for any such other Dwelling-house to be entred into as aforesaid in the presence of one Justice of the Peace Alderman Deputy-Alderman or any one Commissoner for the Lieutenancy for the City of London 17. Provided also and be it Enacted by the Authority aforesaid That no person shall by vertue of this Act be committed to the House of Correction that shall satisfie the said Justices of the Peace or chief Magistrate respectively that he or she and in case of a Feme Covert that her Husband hath an Estate of Free-hold or Copy-hold to the value of 5 l. per Annum or personal Estate to the value of 50 l. any thing in this Act to the contrary notwithstanding 18. And in regard a certain Sect called Quakers and other Sectaries are found not only to offend in the matters provided against by this Act but also obstruct the proceedings of Justice by their obstinate refusal to take Oaths lawfully tendered unto them in the ordinary Course of Law Therefore be it further Enacted by the Authority aforesaid that if any person or persons being duly and legally served with Process or other Summons to appear in any Court of Record except Court-Leets as a Witness or returned to serve of any Jury or ordered to be examined upon Interrogatories or being present in Court shall refuse to take any Judicial Oath legally tendered to him by the Judg or Judges of the same Court having no legal Plea to Justifie or excuse the refusal of the same Oath or if any Person or Persons being duly served with Process to answer any Bill exhibited against him or them in any Court of Equity or any Suit in any Court Ecclesiastical shall refuse to answer such Bill or Suit upon his or their corporal Oath in cases where the Law requires such Answer to be put in upon Oath or being summoned to be a Witness in any such Court or ordered to be examined upon Interrogatiories shall for any Cause or Reason not allowed by Law refuse to take such Oath as in such Cases is required by Law That then and in such Case the several and respective Courts wherein such refusal shall be made shall be and are hereby enabled to Record Enter or Register such refusal which Record or Entry shall be and is hereby made a Conviction of such Offence and all and every person and persons so aforesaid offending shall for every such Offence incur the judgment and punishment of Transportation in such manner as is appointed by this Act for other Offences 19. Provided always That if any person or persons aforesaid shall come into such Court and take his or their Oath in these words I do swear that I do not hold the taking of an Oath to be unlawful nor refuse to take an Oath on that Account 20. Which Oath the respective Court or Courts aforesaid are hereby Authorized and required forthwith to tender administer and Register before the Entry of the Conviction aforesaid or shall take such Oath before some Justice of the Peace who is hereby Authorized and required to Administer the same to be returned into such Court such Oath so made shall
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