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
to his Warrants it being a try'd Case at Bury Assizes in Suffolk 1678. or 1679. before the L. C. J. Scroggs where no more was recorded although the Warrants were for some hundreds of pounds 7. Whether it be not positively against the Statute for the Observation of the Lords Day by which it is expresly Enacted That no Warrants shall be served upon that Day but in Cases of Treason Felony or Breach of the Peace to serve a Warrant upon a Religious Meeting This being the State of the Dissenters Case there nothing remains behind but for that most Sacred and Heavenly vertue Charity to give up a true determination accroding to the Precepts of Scripture Reason and Morality and the Rules of Christian Government Although I cannot think but that most men are satisfied that the Act of the 35 of Eliz. is expired yet I thought it might not be amiss to subjoin hereunto the said Act at large with all other Statutes made since that Act that have any Reference to it there have been so many solid Arguments given by men understanding in the Law to prove the expiration of it that I shall not adventure to say any thing after them The most material Act upon which Dissenters are likely to be prosecuted is that of the 22 of his present Majesty which hath been the Subject of most of the preceding Discourse therefore I have also inserted that at laage VESTIGIA VERITATIS c. An Act to retain the Queens Majesties Subjects in their due obedience FOr the preventing and avoiding of such great inconveniences and perils as might happen and grow by the wicked and dangerous practices of Seditious Sectaries and disloyal persons Be it enacted by the Queens most excellent Majesty and by the Lords Spiritual and Temporal and the Commons in this present Parliament assembled and by the authority of the same That if any person or persons above the age of 16 years which shall obstinately refuse to repair to some Church Chappel or usual place of Common-Prayer to hear Divine Service established by her Majesties Laws and Statutes in that behalf made and shall forbear to do the same by the space of a Month next after without lawful Cause shall at any time after 40 days next after the end of this Session of Parliament by Printing Writing or Express Words or Speeches advisedly and purposely practise or go about to move or persuade any of her Majesties Subjects or any other within her Highness Realms or Dominions to deny withstand and impugn her Majesties Power and Authority in Causes Ecclesiastical united and annexed to the Imperial Crown of this Realm or to that end or purpose shall advisedly or maliciously move or persuade any other Person whatsoever to forbear or abstain from coming to Church to hear Divine Service or to receive the Communion according to her Majesties Laws and Statutes aforesaid or to come to or to be present at any unlawful Assemblies Conventicles or Meetings under colour or pretence of any Exercise of Religion contrary to her Majesties said Laws and Statutes or if any person or persons which shall obstinately refuse to repair to some Church Chappel or usual place of Common Prayer and shall forbear by the space of a Month to hear Divine Service as is aforesaid shall after the said forty days either of him or themselves or by the motion persuasion entertainment or allurement of any other willingly joyn in or be present at any such Assemblies Conventicles or Meetings under colour or pretence of any such Exercise of Religion contrary to the Laws and Statutes of this Realm as is aforesaid That then every such person so offending as aforesaid and being thereof lawfully convicted shall be committed to prison there to remain without Bayl or Mainprise until they shall conform and yield themselves to come to some Church Chappel or usual place of Common Prayer and hear Divine Service according to her Majesties Laws and Statutes aforesaid and to make such open Submission and Declaration of their said Conformity as hereafter in this Act is declared and appointed Provided always and be it further enacted by the authority aforesaid that if any such person or persons which shall offend against this Act as aforesaid shall not within three Months next after they shall be convicted for their said offence conform themselves to the obedience of the Laws and Statutes of this Realm in coming to the Church to hear Divine Service and in making such Publick Confession and Submission as hereafter in this Act is appointed and expressed being thereunto required by the Bishop of the Diocess or any Justice of the Peace of the County where the same person shall happen to be or by the Minister or Curate of the Parish that in every such case every such offender being thereunto warned required by any Justice of the Peace of the same County where such Offenders shall then be shall upon his and their corporal Oath before the Justices of the Peace in the open Quarter Sessions of the same County or at the Assizes and Gaol-delivery of the same County before the Justices of the same Assises and Gaol delivery Abjure this Realm of England and all other the Queens Majesties Dominions for ever unless her Majesty shall licence the party to return And thereupon shall depart out of this Realm at such Haven or Port and within such time as shall in that behalf be assigned and appointed by the said Justices before whom such abjuration shall be made unless the same offender be letted or stayed by such lawful and reasonable means or causes as by the Common Laws of this Realm are permitted and allowed in cases of abjuration for Felony And in such Cases of let or stay then within such reasonable and convenient time after as the Common Law requireth in case of abjuration for felony as is aforesaid And that the Justices of Peace before whom any such abjuration shall happen to be made as is aforesaid shall cause the same presently to be entred of Record before them and shall certifie the same to the Justices of Assises and Gaol delivery of the said County at the next Assises or Gaol-delivery to be holden in the same County And if any such offenders which by the tenour and intent of this Act is to be abjured as is aforesaid shall refuse to make such abjuration as is aforesaid or after such abjuration made shall not go to such Haven and within such time as is before appointed and from thence depart out of this Realm according to this present Act or after such his departure shall return or come again into any her Majesties Realms or Dominions without her Majesties special licence in that behalf first had and obtained That then in every such Case the person so offending shall be adjudged a Felon and shall suffer as in case of Felony without benefit of Clergy And furthermore be it enacted by the Authority of this present
like offence or offences shall for every such offence incur the penalty of 10 s. 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 then be 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 or any one person in case of the poverty of other Offenders amount not in the whole to above the Sum of 10 l. upon occasion of any one meeting as aforesaid and every Constable Headborough Tythingman Church-wardens and Overseers of the Poor respectively are hereby authorised 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 the said Moneys 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 Kings Majesty his Heirs and Succssors 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 the 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 fufficient 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 tho other And no Justice shall or may be questioned or accomptable for the same in the Exchequer or else where then in Quarter Sessions And other 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 20 l. to be levied in manner aforesaid upon his Goods and Chattels And if the said Preacher or Teacher so Convicted be a stranger and his Name and Habitation not known or 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 impowred and required to levy the same by Warrant as aforesaid upon the Goods and 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 And if such Offendor 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 convicted of such like offence or offences shall for every such offence incurr the penalty of 40 l. to be levied and disposed as aforesaid 4. And be it further Enacted by the Authority aforesaid That every person who shall wittingly and willingly suffer any such Conventicle Meeting or unlawful Assembly aforesaid to be held in his or her House Outhouse Barn Yard or Backside and be convicted thereof in manner aforesaid shall forseit 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 povetry or inability as aforesaid upon the Goods and Chattels of such persous who shall be convicted in manner aforesaid 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 10 l. for any one Meeting in regard of the Poverty of any other person or persons 6. Provided also And be it further Enacted That in all Cases of this Act where the Penalty or sum charged upon any Offender exceed the sum of 10 s. and such Offender shall find himself agrieved it shall and may be lawfull for him within one week after the said penalty or money charged shall be paid or levied to appeals in writing from the person or persons convicted to the Judgment of the Justices of the Peace in their next Quarter Sessions 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 whereupon such Offendor may plead and make defence and have his Tryal by a Jury thereupon And in cafe such Appellant shall not prosecute with effect or if upon such Tryal 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 again such Offendor for his unjust Appeal And no other Court whatsoever shall intermedle with any Cause or Causes of Appeal upon this Act but they shall be finally determined in the Quarter Sessions only 7. Provided always 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 present the said Appeal with effect which said Recognizance the person or persons convicting is hereby impowred to take and required to certifie the same to the next Quarter Sessions and in case no such Recognizance be entred into the said Appeal to be null and void 8. Provided always 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 Head-boroughs 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 denyal to enter break open and enter into