Chattels of the Husband of such Feme-Covert Provided also That no Peer of this Realm shall be Attached or Imprisoned by virtue or force of this Act Any thing Matter or Clause therein to the contrary notwithstanding Provided also That neither this Act nor any thing therein contained shall extend to invalidate or avoid His Majesties Supremacy in Ecclesiastical affairs but that His Majesty and His Heirs and Successors may from time to time and at all times hereafter Exercise and enjoy all Powers and Authorities in Ecclesiastical Affairs as fully and as amply as Himself or any of His Predecessors have or might have done the same Any thing in this Act notwithstanding Some Observations upon the Statute of 22 Car. Secundi Cap. 1. Entituled An Act to prevent and suppress Seditious Conventicles SECT 1. FOR providing farther and more speedy Remedies c. Besides the Statute of 16 Car. 2. cap. 4. which is and at the time of making this Act was expired there were several other Acts yet in force for the preventing and suppressing of Seditious Conventicles as the Statute of 35 Eliz. cap. 1. Entituled An Act to Retain the Queens Majesty's Subjects in their due Obedience which Act being but Temporary at first by the Statute of 39 Eliz. cap. 18. was continued to the end of the next Parliament and by the Statute of 43 Eliz. cap. 9. was continued to the end of the first Session of the next Parliament And by the Statute of 1 Jacobi cap. 25. was continued untill the end of the first Session of the next Parliament The same Parliament of 1 Jacobi continued by several Prorogations in 3 4 and 7 Jacobi so that the next Parliament after the continuance of 1 Jacobi was holden in 18 Jac. where only two Bills of Subsidies past and nothing more was done in that Parliament whereupon in 20 Jac. it came to be a Question whether this Act of 35 were in force or not as appears in Huttons Rep. fol. 61. The Judges being in doubt as it seems by reason of a Proviso in the Bills of Subsidies that the Royal Assent to these Bills should not determine that Session of Parliament which doubtless it did not yet when the Parliament was afterwards Dissolved and nothing more done Co. 4. Inst 27.28 The passing of these two Bills being matter of Record made it such a Session of the next Parliament that discontinued this Act of 35 Eliz. But to prevent the doubt afterwards by the Statute of 21 Jacobi cap. 27. It was Enacted that so much of the said Act of 35 Eliz. as hath not been since Repealed by any other Statute shall be adjudged ever since the Session of Parliament in 7 Jacobi to have been of such force and effect as the same was the last day of that Session And from thenceforth untill the end of the first Session of the next Parliament which next Parliament was in 1 Car. Primi And at the end of that Parliament this Statute of 39 Eliz. was again discontinued but by the Statute of 3 Car. 1. cap. 4. the Statute of 35 Eliz. viz. so much of it as hath not been Repealed by any other Statute is continued to the end of the first Session of the next Parliament in such force and effect as it was on the first day of the Session of Parliament holden in An. 1 Car. 1. And lastly by the Statute of 16 Car. 1. cap. 4. in the close of a Temporary Act Entituled An Act for the farther Relief of His Majesty's Army and the Northern parts of the Kingdom All Statutes and Acts of Parliament whereof the Act of 35 Eliz. is one which have their continuance or were by the Act of 3 Car. 1. cap. 4. made are Enacted to have continuance untill some other Act of Parliament be made touching the continuance or discontinuance of the same by which last Act the Statute of 35 Eliz. is made perpetual there having been no Act since made either for the continuance or discontinuance of the same But yet there remains one Question upon it still viz. why the Acts of 21 Jac. and 3 Car. 1. do not continue this Act of 35 Eliz. totally but only so much of it as was unrepealed by any former Act. To this it is answered That in the Act of 35 Eliz. there are two Clauses being the 8th and 9th Paragraphs on Mr. Keebles Statute Book the first For imposing a Penalty upon such Persons as should harbour or entertain in their Houses any Person which should obstinately refuse to repair to Divine Service by a Month. And the next Clause being a Proviso That the Law should not extend to the harbouring of a Wife and other Relations there named are both Repealed by the Statute of 3 Jac. cap. 4. which was the reason that the Statute of 35 Eliz. was not wholly continued but only so much as was Unrepealed which is the whole Statute save only these two Clauses I have been the longer about this Act of 35 Eliz. to prove it in Force at this day for that notwithstanding the Judgment of the whole Parliament that it is in Force declared in the expired Act of 16 Car. 2. cap. 4. by which every Man ought to be concluded in point of Law it hath often been affirmed to me that the Act of 35 Eliz. was discontinued and not now in Force but such Affirmation rather proceeded from affection to have it so than from any other Ground The Statute of 23 Eliz. cap. 1. against saying and hearing of Mass The Statute of 13 and 14 Car. 2. cap. against Quakers The Statute of 13 and 14 Car. 2 cap. 4. for Uniformity of Publick Prayers The Statute of 17 Car. 2. cap. 2. commonly called the Oxford Act for Restraining of Nonconformists from Inhabiting in Corporations All which Statutes and several others did in part provide Remedies against the Seditious Practices of Sectaries and Disloyal Persons And this Act provideth farther and more speedy Remedies against them 2. That is any Person c. This word Person extends both to Men and Women See the 16th Paragraph of this Act And to Peers as well as Commoners But Peers are not to be Arrested or Imprison'd as Commoners may be See the 17th Paragraph hereunder So a Iustice of Peace or Mayor or other head Officer being dofuntarily present at a Conventirle for any other Cause except for the suppressing of it may and ought to be Condviued as an Ostendes within this Law 3. Of the Age of 16 years or upwards c. This is plain and if Evidence be given against a Person for being present at a Conventicle who is of the growth or stature of a young Man or young Woman it is to be intended that such Person is of the Age of 16 years unless the contrary be specially made appear And in such Case the proof or Onus probandi rests upon the Offender in such Convictions whereupon there lies an Appeal by this Act and so I take it
Costs for his unjust Appeal but what if upon the Appeal the Appealant doth not make it appear and it is so found by Verdict that though the Appealant was present at the Conventicle and thereby forfeited 5 s. â—â—t the Person in regard of whose â—overty the summ of 10 l. or any â—â—sser summ was imposed upon the appealant was not at all present 〈◊〉 the same Conventicle Now â—â—e Appealant is not totally acquitted for the Conviction of his being present at the Conventicle â—â—ands in force yet in this Case I conceive he is to be discharged of the other Penalty imposed upon him and to be excused from payment of any Costs and the difference between this Case and the next precedent is this In the former Case the Person in regard of whose Poverty c. was either a Teacher or present at the Conventicle whereby the Justice Convicting had a Jurisdiction to impose the Penalty either upon the Party himself or upon some other but in this case the Justice hath no Authority at all to impose a Penalty either upon one that was not present at the Conventicle or in regard of the Poverty of one that was not present at the Conventicle which diversity is apparent what if the Penalty in regard of the Poverty of another imposed upon the Appealant hath been imposed upon the Party himself or upon any other and hath been actually levied or paid In this Case I think the Appealant is to be relieved against that Penalty and though he be not totally acquitted yet he ought not to be charged with Costs Or Iudgment pass not for him upon his said Appeal c. This Clause seems to confirm the Opinion above that the Appealant may demurr in Law to the Conviction and pray the Judgment of the Court of Sessions upon it without Pleading to Issue or having a Tryal by a Jury as the Act saith Note that where the words are Iudgment pass not for him upon his said Appeal it is to be understood that Judgment pass not for him upon the determination of the Appeal at the end of the Suit for whilst the Appeal depends undetermined it cannot be known whether Judgment shall pass for him or not The said Iustices at the Session shall give treble Costs against such Offender for his unjust Appeal c. That is the Justices at the Session shall give Judgment that the Offender pay treble Costs for that is the meaning of the words give treble Costs but who shall have this treble Costs I conceive the Prosecutor of the Conviction that Prosecutes at the Sessions whose Name ought to appear in the Record of the Sessions But what if the Offender Appeals to the Sessions and the Justice Convicting Certifies the Record of Conviction the Evidence and the Appeal but the Appealant doth not appear at the Sessions at all nor doth any thing in Prosecution of his Appeal how shall the Prosecutors Name appear in such Case To this I answer that in this Case no Costs are to be given but only the Appealant's Non-prosecution to be Recorded whereby he Forfeits his Recognizance given to prosecute his Appeal with effect but if the Appealant one appears and pleads or demurrs as he must then the Prosecutor's Name will appear And if afterwards the Appeal is not Prosecuted but discontinued Then treble Costs are to be awarded to the Prosecutor as well as where the Offender upon Tryal is not acquitted or Judgment pass not for him upon the determination of the Appeal And no other Court whatsoever c. By this Clause the Justice of Peace Convicting where no Appeal lieth and the Justices of the Session where an Appeal is given are made the final Judges of the Offences of being present at a Conventicle And of any Person 's taking upon him to Preach or Teach in a Conventicle or wilfull suffering a Conventicle to be held in his or her dwelling House c. And of a Constable's Omission of the performance of his Duty in Execution of this Act and this exclusive to the great Courts at Westminster-Hall and all other Courts whatsoever yet if a Certiorari or Writ of Errour issue out of any of the great Courts at Westminster Hall and be delivered either to the Justices Convicting or to the Sessions they ought not to proceed till the Court out of which such a Writ issued be informed of the matter and shall think fit to supersede their own for though the Justices of Peace and the Sessions be made the final Judges of the Offences aforesaid yet they are not Judges of the Process of the superiour Courts but only the superiour Court it self out of which the Process issued SECT 7. 1. UPon the delivery of such Appeal as aforesaid c. The time for delivery of the Appeal must be within one week next after the Penalty levied or paid and at the time of the delivery of the Appeal in writing the Appeal is made Now the Act appoints that a Recognizance be entred into for the prosecuting of the Appeal at the same time that is at the same instant of time the Appeal is delivered And the Recognizance must have these Circumstances it must be entred into by the Party himself Appealing and in strictness not by any other though sufficient security for him it must be acknowledged before and taken by the same Justice that made the Record of the Conviction but if the Conviction be by two or more Justices the Appeal delivered to and the Recognizance acknowledged before any one of them is sufficient But if both or all of the Justices Convicting are together the Recognizance must be acknowledged before them all though the Statute hath not appointed any sum to be contained in the Recognizance yet it ought to be in a reasonable sum which is commonly and usually double the sum in Question which in this Case is double the Penalty imposed on the Offender that Appeals There may be some doubt how the Appeal is to be made or the Recognizance entred when the single Justice Convicting shall happen to die or be out of Conviction before the time of Appeal but that being a matter rarely happening I shall not spend time about it at present SECT 8. THat is at the time of making the Appeal and the Appeal cannot be said to be made till it be delivered and the Recognizance entred SECT 9. AFter refusal or denial to enter break open and enter into any house or other place where they shall be informed any such Conventicle as aforesaid is or shall be held as well within Liberties as without and take into their Custodies the Persons there unlawfully Assembled to the intent c. In all Cases where the outward door of a House may be broken the Law as this Act doth require That first A Demand be made to have the Door opened for Force is not to be used where the Law may be Executed in a peaceable and quiet manner Now a refusal or denial
neglect coming to Church or have declared or any way made their dislike of or aversion from the Liturgy or Doctrine of the Church of England This is in any Opinion such a Notorious Evidence and Circumstance of the Fact as is sufficient to ground a Conviction within the intent of the Law and in such and the like Cases the Record of Conviction needs not make mention of any thing more but that the Offender is Convicted by the Notorious Evidence and Circumstance of the Fact without particularizing the Fact for that where no Appeal lies the Justice is the sole Judge of the Notoriety of the Evidence and Circumstance and where an Appeal is given there the Fact must be tryed over again and so the Offender cannot be injured 14. To make a Record of every such Offence under his or their Hands and Seals respectively c For the Form of such Record see hereunder And note that the subscribing the Justices hand to the Record is absolutely Essential for though the Justice set to his Seal and it be so mentioned in the Record which is as much as the Law requireth in most Cases yet this Act requiring the Record to be as well under his Hand as Seal if it be not under both the Record and all that is done in pursuance of it will be altogether void though it be not of absolute necessity that the Record should mention that the Justice hath put his Hand and Seal so that it be actually done but the better and safer way is to mention it in the Record according to the Precedent 15. 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 c. So as the Party Convicted shall be concluded to say that he is not guilty of the Offence contained in such Record he is so Convicted 16. And thereupon the said Iustice c. shall impose on every such Offender so Convict as aforesaid a Fine of five shillings for every such first Offence c. This imposing the Fine must be in the same Record of Conviction and not in any other Record by it self and it is not safe nor justifiable to make a Warrant to Levy any Fine but what is contained in the Record of Conviction 17. Which Record and Conviction shall be Certified by the said Iustice at the next Quarter Sessions c. The next Quarter Sessions is intended next after the Conviction not next after the Offence committed for perhaps the Quarter Sessions next after the Offence committed may be past before the Offenders be Convicted Next Quarter Sessions i. e. for the place where the Offence was committed and the Conviction made if by a Justice of the Peace for the County at large then to the next Quarter Sessions held for such County if in a Corporation or other Liberty by the chief Magistrate or Justice of such place then to the next Quarter Sessions for such place if the Conviction be made by a Justice of the Peace of the County for an Offence committed in a Liberty or Corporation where the County Justices have a concurrent Authority then the same must be certified to the next Quarter Sessions of the County Note by the Statute of 2 H. 5. cap. 4. The Quarter Sessions are appointed to be holden in all the Counties of England four times in the year that is to say the first week after the Feast of St. Michael and the first week after the Epiphany and in the first week after the close or end of Easter and in the first week after the Feast of Translation of St. Thomas the Martyr which as I take it always falls upon the 7th day of July These are the four Quarter Sessions But the same Statute directing that the Sessions should be held oftner if need were the Sessions holden at other times are called General Sessions but not Quarter Sessions by the Statute of 14 of Hen. 6. c. 4. The Justices of Middlesex are bound to hold Quarter Sessions but twice in the year but they may as they do hold Quarter Sessions at the four times of the year abovesaid and each of these Sessions is a Quarter Sessions and Sessions holden at other times are General Sessions Now every Quarter Sessions is a General Sessions yet every General Sessions is not a Quarter Sessions and not holden at the time appointed by the Statute of 2 Hen. 5. above mentioned SECT 2. 1. THat of such Offender so Convicted as aforesaid shall at any time again commit the like Offence Obs c. By this Clause these two Points are to be observed 1. He that is to be Convicted and to incur the Penalty of 10 s. must be Guilty of such Offence after the time he was Convicted of the former Offence and not only after the time he committed the former Offence for if one commit two or more Offences before he be Convict he may be afterwards Convicted for each of these Offences but he shall only pay a Fine of five shillings for each Offence and not 10 s. for either one of them for that though he Offended twice or oftner yet he never Offended after he was once Convicted 2. Where any one is Convicted for the second Offence whereby the Penalty of 10 s. is imposed on him the Record of such Conviction ought to mention and take notice of the Record of the former Conviction 2. Which Fine and Fines for the first and every other Offence shall be levyed by distress and sale of the Offenders Goods and Chattels c. But the Officer may seize ready Moneys of the Offender if he can find it in his House but he may not take it from the Person of the Offender and by the word Chattels must be understood Personal Chattels which may be distrained or levied as well as sold and therefore a Lease for years or other real Chattel cannot be sold by the Officer for levying any Penalty imposed by virtue of this Act. Goods and Chattels this reaches to the Utensils Tools and Instruments of Trade as well as any other Goods and Chattels for the rule of the common Law that exempts such where there 's sufficient besides from distress extends not where distress is given as an Execution by any particular Statute as for Poors Rates Hearth-money and so the like on this Law and governs only in distresses for Rents Amerciaments and the like 3. Or in Case of the Poverty of such Offender c. What shall be said in a case of Poverty and how shall it be determined I conceive the Justice is the Judge of it and may determine it at the time of the Conviction and thereupon impose the Fine upon any other Convicted of the same Offence but if the Party Convicted be taken to be Responsible and a Warrant is made to Levy and afterwards the Constable or other Officer to whom the Warrant is directed shall afterwards certify the Justice of
Wife is resident such House may be searched by virtue of this Act and broken open too for the dispersing such Meetings for the words are shall he resident at such time If a Conventicle be held in any Barn Stable or other like of a Peer's not being parcel of his dwelling House such place may be searched though the same be in the possession of a Peer And notwithstanding this Clause a Conviction may be made of such a Meeting that has been held in the dwelling House of a Peer though he be resident in it and such Peer incurrs the Penalty of this Act as Owner of the House permitting the same See above on the 4th Section Except in the presence of c. Such dwelling House feems not searchable by any Corporation Justice he not being named in this exception but a Lieutenant or Deputy Lieutenant of such County may search such a House upon the Information of a Justice of the Peace though he be no Justice himself nor of the same Riding SECT 11. BE it farther Enacted that if any Constable c. This Clause extends to his not executing any Warrant for levying the Penalties of this Act by distress as well as to his not informing some Justice of a Conventicle whereof he knows so if he inform not some Justice thereof when he conveniently may till the Meeting be over and so they could not be suppressed nor the Persons so well known in order to the making of a Conviction If a Constable c. keep or suffer a Conventicle in his House he forfeits the Penalty of 20 l. for so doing and 5 l. for not informing a Justice thereof the like if he be present at any Meeting and not in order to detect it he may be punished for being so present and sued for the 5 l. also for they are several Offences Credibly informed c. such Information as another gives him of his sight of sundry Persons going to an House suspected or generally used for such purposes at such times as usual c. is sufficient information to oblige the Constable to acquaint the Justice for a less information here will serve him than a Justice of the Peace for to make a Conviction the Justice is to have it upon Oath c. the Constable c. is not Judge of the truth of the Fact he is only a Ministerial Officer or Servant in this Case A Constable or Tything Man or the like that gives notice of his Warrant or of a Justices coming to suppress such Meeting is undoubtedly Guilty of this Offence and besides liable to be Indicted at common Law for any such misfeazance or neglect it being contrary to his Oath and Office by the Authority of this Act 't is become the Duty of his Office to which he is sworn any breach whereof is Indictable at common Law and punishable by Fine and Imprisonment and this may be too often necessary in the last Case I mean especially the 5 l. penalty seeming too small for an Offence of such a Nature but note then he cannot or ought not to be punished both ways for 't is but one Offence though when prosecuted as on this Law the Fine is certain as at common Law 't is undetermined If a Constable uses not all Lawfull means to prevent suppress and get Convicted such Meetings as if he breaks not open a door after request to have it opened in execution of a Warrant to levy the penalty by virtue of this Act he is an Offender by this Clause Every Person whatsoever refusing or neglecting to give his Aid being called thereto in execution of this Act forfeits 5 l. especially if such whom the Justice or Constable shall call in do by private notices or otherwise forewarn those Assembled to withdraw for to prevent their being known and by consequence their being Convicted If any Iustice of the Peace or chief Magistrate shall wittingly or wilfully omit the performance of his Duty in the execution of this Act he shall forfeit 100 l. c. This Clause is general omit the performance of his Duty which is by all lawfull ways to get Information and notice of all such Meetings open or clandestine that are held within his Limit Precinct or Jurisdiction every thing which is prohibited by the Law a Justice is bound as a good Officer not only to punish it when discovered but by all convenient means to inform himself if such Offences are committed and such Offences the more secret the more dangerous and therefore every Officers Duty is to detect them to be ready to receive Informations to grant Warrants to Constables to go in Person and endeavour to disperse them when met or prevent their Meeting to imprison those that oppose or resist them to break open Doors if shut against them to secure such Offenders till know their Names and Places of abode in order to make Convictions and of such Convictions to make Records to grant Warrants on them for distresses such Records to certify to the next Sessions and in short to do every thing which this Act Authorizes and requires them to do and in the best and most convenient way that may be for the Attainment of the end of this Law which was the suppression and prevention of Seditious Conventicles a wilfull neglect of any thing this Act impowers such Justice of the Peace to do in order to that end is an Offence within this Clause and incurrs the Penalty of 100 l. Iustice of Peace or thief Magistrate c. It must be intended for or in Relation to Offences committed within their Respective Jurisdictions for this Clause punishes nothing but the omission of what they were impowered or inabled to do by the foregoing part of this Law viz. to a Corporation Justice for what happens within the Corporation c. sic respective although it be here said any Justice or chief Magistrate yet any Justice of the Peace in any Liberty City or Corporation is within this Clause as well as the chief Magistrate of such Liberty City or Corporation for such Justices are bound by the former Clauses to disperse such Meetings and make Conviction of them and by consequence they are here intended Wittingly or wilfully omit for the satisfying of those words either his own knowledge or information is sufficient I do not mean of the Law in the Case for he is bound to take notice of this and all other Acts relating to his Office and a pretence that he knew not he had power or that 't was his Duty will be no excuse but his own knowledge or information of the Fact for if a Justice do not suppress a Conventicle nor make a Conviction thereof he is no Offender provided he have no notice of it but yet if a Justice know a Conventicle to be held in the next House and he do not his Duty he is punishable by this Clause though no Informer came and gave him notice of it If any one
come to inform him of a Conventicle that hath been held he is bound to give the Informer his Oath and 't is no excuse for him that the Informer did not require him to tender an Oath for his coming is impliedly a Request it being in order to make a Conviction and if he refuses or omits to give him his Oath in order to the making a Conviction he is punishable whether a Conventicle were held yea or no for being informed there was one he is an Offender in not taking the Information upon Oath and so was it resolved by the Court of Kings-Bench Mic. 34 Car. 2. Banco Regis on a motion in Arrest of Judgment in an Action between Smith qui tam c. vers Langham of Northamptonshire The one moiety to the use of the Informer c. Although it be not expresly declared unto whom the other moiety shall be given yet the King shall have it for wheresoever a forfeiture or penalty is given by any Act of Parliament upon any Offence it is intended to be to the King his Heirs and Successours though not particularly named unless it be otherwise specially Ordered Informer here is meant not he that informs the Justice but he that sues for the 100 l. and so informs the King's Court of such an Offence committed by such a Justice for otherwise the Justice may go unpunished by agreeing with him that is Informer in the first sense besides if none but such Informer might bring the Action there would in all probability be a failure of proof in this Case for none but those who informed the Justice are for the most part capable of proving the Justice's refusal or neglect to do his Duty Although a Moiety be here given to the Informer yet if none will sue for the same the whole may be sued for at the King's Suit for there being a Forfeiture created by the Act and by the Law given to the King the not suing by any Informer for his part shall not prejudice the King the Moiety going only to the Informer i.e. to him that will and doth sue for the same if none will sue for it the whole is the King 's and before any Information Action or popular Suit brought he may pardon or release the whole Penalty and it shall be a good Bar against all men but what if an offending Justice within this Law should get a Friend to file an Information against him by consent to prevent and anticipate a real Informer and such Prior Suit the Offender should plead to the real Informer's Action to trice him thereof I answer that such Plaintiff may by virtue of 4 H. 7. cap. 20. aver the former Suit to be by Covin and Collusion and such Covin he may in his replication plead generally and if the former Suit be found to be by Covin to evade the Act and trice the present Plaintiff the Defendant shall suffer two years Imprisonment and such averment the Plaintiff may make though on the first Suit there were a Verdict for the Defendant for want of Evidence or the like nay though there were a recovery against him SECT 12. IF any Person be at any time sued for putting any of the Powers of this Act in Execution c. Whether it be for Informing disturbing searching imprisoning or distraining c. By the 7th and 21 Jac. all Justices of the Peace Constables and several other Officers have this privilege if sued for any thing done by Colour of their Office they may plead the general Issue and give special matter for their excuse or justification in Evidence but this Act gives the same advantage to all manner of Persons doing any Act in the Execution of this Statute whether they are Officers or no and the end is to prevent their being prejudiced by a nicety of pleading and that the truth of their excuse may fairly and clearly appear upon Evidence any Informer or other Person going in Assistance of any Officer for the executing any power given by this Law hath the same privilege and benefit Every such Defendant shall have his full treble costs c. i.e. the Costs given by the Jury in case of Trial and the Costs likewise given by the Court de incremento are to be trebled both such Costs as the Defendant would have in case this Law were not he is now to have treble and in case the Plaintiff be non-suit if without Evidence or after Evidence he ought to have thrice so much Costs as he otherwise should have in such Case SECT 13. AND be it farther Enacted by Authority aforesaid that this Act and all Clauses therein contained shall be construed most largely and beneficially for the suppressing of Conventicles and for the Iustification and Encouragement of all Persons to be imployed in the execution thereof This Clause shews the deep sense our Law-makers had of the pernicious effects of such unlawfull Meetings which is emphatically expressed in the preamble of this Act where the reason of this Clause and of the whole Act is declared viz. For providing farther and more speedy remedies against the growing and dangerous practires of Seditious Sectaries and other Disloyal Persons who under the pretence of tender Consciences have or may at their Meetings contrive Insurrections as experience hath shewn and that experience hath been much more abundant of late days and therefore the Act continues as necessary as ever it being too well known that the Persons so pretending to a greater tenderness of Conscience than the rest of the Christian world are no less disaffected to the English Government than they avow themselves to be to the Church of England and it seems to be a base reflexion on the Wisedom and prudence of our Law-makers that the prosecution of this Law should be thought unnecessary in the same age wherein 't was made and the reason continuing for which it was at first provided viz. the danger of Mutiny and Sedition for the prevention and suppressing whereof there is no better means than the Execution of this Act which as this Clause is ought to have the largest and most beneficial Construction imaginable i. e. such an equitable Construction although it be a Penal Law as may best conduce to the suppression of such Conventicles though perhaps the thing be not expresly within the letter of the Law yet it ought to be construed within the intent as for instance suppose a certain number of men should meet and Assemble themselves together under the colour and pretence of exercising Religion and there should be no formal Preaching and Teaching but only an extempore Enthusiastical Prayer yet the Prolocutor or Speaker in such Assembly ought to be construed with the intent of the third Section of this Act and incurr the Penalty of 20 l. being certainly within the intent though not within the precise Letter of that Clause the like of the Quakers Meetings though they cannot properly be within the third Section when 't is
any of his Predecessors have or might have done the same any thing in this Act notwithstanding This Clause is an ample affirmance of the King's Prerogative in Ecclesiastical Affairs notwithstanding this Act which I shall not presume here to discuss especially considering that it will no way be instructive for the better Execution of the Powers and Provisions of this Act which was the only end of our great Judge in making these Observations and is the end of their present publication and therefore I shall here conclude with this one Remark viz. That the time of making this Act is mistaken in the Print which may be of use to observe in case any Action be brought against any Justice of the Peace or other Person for the 100 l. Penalty for the neglect of his Duty 't is there said to be at a Parliament continued by Prorogation to the 14th of Febr. 1669 70 from whence it is continued by Adjournment made the 11th of April 1670. to the 24th day of October following which makes a kind of discontinuance for it says the Adjournment made the 11th of April from the 14th of Feb. before 't is safest therefore to omit the Adjournments and take no notice of them but only at a Parliament begun at Westminster the 8th of May An. Dom. 1661. in the 13th year of c. and there continued by several Prorogations to the 14th of Febr. 1669 70 and no more Midd ' MEmorandum Quod decimo die Novembris anno Regni Domini nostri Serenissimi Caroli Secundi Deigratia Angliae Scotiae Franciae Hiberniae Regis fidei defensoris c. tricesimo quinto venit J.S. de in Com' Midd ' Yeoman coram nobis ad tunc adhuc duobus Justiciar ' dicti Domini Regis ad pacem suam pro com' praed ' conservand ' assignat ' apud S. in com' praed ' Et dedit nobis intelligi informari de quodam Conventiculo illicit ' assemblation ' sub colore exeolendi Religionem in alio modo quam secund ' liturgiam usum Ecclesiae Anglicanoe ante tunc tempus tent ' contraformam statut ' Et super inde Examinatione debitâ adtunc ibid ' habitâ tam per Sacrament ' praed ' J.S. A.B. de c. C.D. de c. coram nobis in eâ parte legitimo modo praestit ' quam per notoriam Evidentiam facti nobis Justiciariis praed ' manifeste plene apparet quod M. N. de c. L. M. de c. cum multis aliis in toto se attingent ' ad numerum vigint ' personarum praeter familiam praed ' M. N. quilibet eorum die dominicâ viz. Primo die hujus instantis Novembris ultra aetatem sexdecim annor ' subdit ' dict' Domini Regis nunc existentes praedicto primo die hujus Novembris in simul assemblaverunt praesentes fuerunt quilibet eorum praesens fuit in domo mansionali ipsius M.N. in Parochia de in Com' praed ' ad Conventiculum sub pretextu Exercitationis Religionis in alio modo quam allocatur per Liturgiam aut usum Ecclesiae Anglicanae adtune ibid ' tent ' contra formam Statut ' ad praevenienda supprimenda seditiosa Conventicula nuper edit ' provis Ac etiam quod praed ' M. N. tempore loc◠ultime supradictis scienter voluntarie permisit Conventiculum praed ' fore tenend ' in domo mansionali sua praed ' etiam contra formam Statut ' praed ' quodque praed ' O. P. tempore loco ultime supradict ' assumpsit super se docere in Conventiculo praed ' in eodom adtunc ibid. docuit contra formam Statut ' praed Record ' quarum quidem separal ' offensar ' nos Justiciarii praed ' quibus secund ' formam effect ' Stat ' praed ' separales offens ' praed ' fic ut prefertur fore commiss sufficienter apparet per praesentes sub manibus sigillis nostris hocce instanti decimo die Novembris anno tricesimo quinto supradict ' apud S. praed ' in Com' praed ' fecimus praedictique M. N. L. M. O. P. c. de separalibus offensis suis praed ' superius mentionat ' virtute Statut ' praed ' sunt convicti quilibet eorum inde separaliter convictus est Et nos praefati Justiciarii superinde virtute Statut ' praed ' die anno loco ultime supradictis in super praed ' L. M. c. Sic ut praefertur ad Conventiculum praed ' praesent existent ' proseparalibus offensis suis finem separaliter imposuimus praedictúsque O. P. pro offens sua praed ' in docendo ad Conventiculum praed ' forisfecit summam vigint ' librar ' vigore Statut ' praed ' praedictique M. N. pro offens ejus praed ' in permissione Conventiculi praed ' fore-tenend ' in domo sua mansionali praed ' forisfecit summam vigint ' librar ' vigore ejusdem Statut ' In quorum omnium praemissorum testimonium Nos praefat ' Justiciarii die anno loco primo superius mentionat ' manus sigillum nostrum praesentibus apposuimus ERRATA PAg. 48. Lin. 24. r. imposed P. 54. l. 15. r. in respect of poverty P. 86. l. 24. for get r. take p. 87. l. 7. r. himself and readily to receive notice and information FINIS