to be likewise where the Offender is Personally Convented at the time of his Conviction and objects not his Nonage to prevent his Conviction But if one be Convicted as an Offender when absent from which Conviction no Appeal is given by this Act as where the Penalty is only 5 s. or 10 s. There it may be the Conviction will be utterly void and the Offender may maintain an action of Trespass against the Officer that Levies the Penalty of 5 s. or 10 s. upon his Goods for that he hath no other Remedy to help himself And therefore if the Offender be present when Convicted it will be the safest way to mention it in the Record 4. Being a Subject of this Realm c. The word being relates to the time of the Offence to be committed and not to the time of passing the Act for if an Alien at the time of the Act passed were afterwards Naturalized and afterwards be present at a Conventicle he is within the word Being a Subject c. Though he were not a Subject of this Realm at the time of the Act passed It is next to be considered who shall be said to be or rather not to be a Subject of this Realm within the meaning of the Act for all men within the Realm are Subjects to the King either 1. By Birth as born in England or any other of the King's Dominions 2. By Naturalization as where an Act of Parliament of England gives an Alien the same Privileges that a Subject born hath by reason of his Birth 3. By Denization by the King's Letters Patents whereby an Alien is made a free Denizen to purchase Lands and to hold them to him and his Heirs which an Alien cannot do or 4. By residing or being in England under the King's Protection as Aliens are which makes them Subjects to the King of England so long as they remain in any part of his Dominions but no longer But the word Subjects of this Realm in the Act intends a distinction that some Persons Inhabiting within the Realm should not be comprehended within the Law And therefore by these words all Natural Subjects born in any of the Kings Dominions All Persons that by Act of Parliament of England are Naturalized Subjects and all Persons Endenized by the King's Letters Patents under the great Seal of England are comprehended within the Law I mean are to undergo the Penalty of the Law for being present at a Conventicle But Aliens resident in England and those that are Naturalized or Endenized in Scotland or Ireland and not in England and so continue still as Aliens in England are not within this Law nor shall they be punished by it Now in this Case as well as in the Case of Infancy under the Age of 16 years the proof rests upon the Offender for every one in this Case shall be presumed to be a Natural Subject of this Realm unless the contrary be made appear And the Conviction will be of the same effect against an Alien as it is above declared to be against an Infant only this I conceive fit to add that if an Infant under 16 or an Alien having been present at a Conventicle be summoned to appear before the Justice of Peace or chief Magistrate to shew Cause why he should not be Convicted for such offence and refuseth or neglecteth to appear and make his defence and thereupon he is Convicted I take such Conviction to be binding and the Infant or Alien shall never avoid it and the rather by reason of the first part of the 13th Paragraph of this Act. 5. Shall be present at any Assembly Conventicle or Meeting c. Yet every one that is present though a Subject of the Realm above the Age of 16 shall not be punished as an Offender within this Law For 1. One that is an Idiot or a Lunatick unless it be during some lucid interval wherein he enjoys the use of his reason so far as to be supposed knowing of what he does though present at a Conventicle yet cannot be said to be present under colour or pretence of Exercise of Religion 2. One that is Imprison'd and kept at a Conventicle against his Will For Actus non facit reum nisi mens sit rea the like may be said of him that is under a Terrour of Bodily harm by reason of Threats or Menaces of others which he could not otherwise avoid but by being present but if a Servant by Command of his Master or a Wife by Command of her Husband be present this will not excuse them because they might without the Guilt of Disobedience have refused to obey such Command what if the Husband enforce his Wife co-habiting with him to be present at a Conventicle against her Will whether is she to be Convicted or not In this particular Case I conceive she is for by the 16th Paragraph of this Act the Penalties of 5 s. and 10 s. are to be Levied upon the Goods of the Husband And so the Wifes being present at a Conventicle is within the Letter and the punishment of the Husband is within the meaning of the Act. If one be present at a Conventicle to the end to detect and discover the Conventicle and to give Evidence against the Offenders in order to their Conviction he is not an Offender within this Law but he that is present at a Conventicle out of Curiosity to observe what they say or do he is an Offender against this Law and ought to be Convicted as well as any other 6. Vnder Colour or pretence of any Exercise of Religion c. The Preamble of this Statute saith That Seditious Sectaries and other Disloyal Persons under pretence of tender Can sciences at their Meetings contrive Insurrections And those Meetings were and are commonly under Colour or pretence of Exercise of Religion Now if there be a Meeting of Sectaries of the number of 5 or upwards above the Houshold or of five or upwards where there is no Houshold but before they proceed to any pretended Exercise of Religion they are disturbed and suppressed the Question is whether these or any of them may be Convicted for being present at a Conventicle under Colour or Pretence of any Exercise of Religion seeing none was there Exercised This is a Question that may and I suppose doth often happen and I take it somewhat clear that in such Case they may and ought to be Convicted For the chief end and design of that Statute was to prevent Sedition and Insurrections and as a means to obtain that end this Law is made to suppress Conventicies where as the Statute takes notice Sedition and Insurrections were contrived Now if they should not be Convicted though there was no actual Exercise of Religion then their Plotting Sedition and contriving Insurrections being the greater Evil should escape Correction whilst a pretended Exercise of Religion being the lesser Evil as being but in order to the greater Evil of Sedition
OBSERVATIONS UPON THE STATUTE OF 22 CAR. II. Cap. 1. Entituled An ACT to Prevent and Suppress Seditious Conventicles By Sir Edmund Saunders Kt. late Lord Chief Justice of England LONDON Printed for Tho. Dring at the Corner of Chancery-Lane in Fleetstreet 1685. TO THE Reader TO Recommend this small Treatise to thy perusal there needs no more then the Title with the Authour's Name whose Loyalty Integrity and profound Learning in all the Laws of this Realm were so eminent and conspicuous both while he was at the Bar and after his deserved advancement to the Bench that 't would be impertinent to tell thee what a Reverence was always paid to his Opinions His Memory is so fresh that I cannot suppose thee ignorant of the same or void of a profound respect to his very name for the continuance of which this Manual is published as also for the publick good of the Realm which was his end in its Composition the immediate occasion of writing these Observations was to gratify the Requests of divers of his Majesty's Justices of the Peace for the County of Middlesex who desired his Opinion in sundry points upon this Statute for the better Government of themselves in the Execution hereof with safety from the malitious Suits of the Dissenting Party who were and always are ready to take advantage of the least slip or mistake of any of the King's Officers of the Peace The Lord Saunders being sensible thereof as likewise of the great use of this Law and the necessity of its Prosecution in order to preserve the publick Peace and Quiet of the Kingdom did write this Explanation of it even while he was Lord Chief Justice of England it being all of his own Hand-writing so far as page 79. where you will see the Additionals printed with this mark before them ' The great multiplicity of business in his Place and the unhappy indisposition of his Body did prevent the completion thereof he often wishing for but a few hours time to perfect it For the residue as it had not the same Authour so neither doth it expect the same Authority it being added as an Essay to supply what was left undone and yet the supplement may be not without its use being made as near as possible to the Lord Saunders's sense in other Paragraphs and according to his Method and Rule are the Constructions made even in such manner as may most advance the Remedy and suppress the Mischief intended by this Law and are mostly grounded upon approved Opinions and Resolutions of the Judges on this Law and other Laws of this Nature For the Subject 't is well known that this Act never received any publick Animadversions and yet doth perhaps need an Explanation as much as those against Recusancy on which there have been Observations made and Printed and not without Approbation For the seasonableness of this Publication there needs no other Apology than what the Age we live and the Book it self do bespeak and if it may prove any way serviceable to the Publick by being helpfull to the Justices and other Officers of the King's Peace the Reverend Authour's Design as well as that of the Publisher will both be accomplished Some Books Printed for Thomas Dring over against the Inner-Temple Gate in Fleet-street Law in Folio THE Statutes at large from Magna Charta to this present year 1682. in Paragraphs and Sections with References to the Books of the Law and an exact Table By Joseph Keble of Grays-Inn Esq in folio Kebles Assistance to Justices of the Peace for the easier performance of their Duties Collection Entries c. By William Rastall fol. The Lord Cokes Book of Entries His Commentary on Littleton being the first part of the Institutes His Commentary on Magna Charta c. or the second Part of the Institutes His Pleas of the Crown or third Part of the Institutes His Jurisdiction of Courts or fourth Part of the Institutes His 11 Reports in French with a Table and the twelfth and thirteenth in English An Abridgment of Cases and Resolution of Law contained as well in the Law-Books Statutes and Records as of modern Judgments in the Courts of Westminster By H. Roll Serjeant at Law Published by the Lord Chief Justice Hales The Year Books in 10 Volumes the last Edition with new Notes and Tables to them all Origines Juridiciales or an Account of the English Laws Courts of Justice Forms of Tryal Punishment in Cases Criminal Law-Writers Law-Books Grants and Settlements of Estates c. Also a Chronology of the Lord Chancellors Keepers Treasurers Justices Itinerant Judges Barons Masters of the Rolls Kings Attorneys and Sollicitors and Serjeants at Law By Sir William Dugdale Knight Tables to most of the printed Prosidents of Pleadings Writs and Return of Writs at the Common-Law Collected by George Townsend Anno XXII Caroli II. Regis An Act to Prevent and Suppress Seditious Conventicles FOR Providing farther and moré speedy Remedies against the growing and dangerous Practices of Seditious Sectaries and other Disloyal Persons who under pretence of tender Consciences have or may at their Meetings Contrive Insurrections as late Experience hath shewn 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 Sixteen years or upwards being a Subject of this Realm at any time after the tenth day of May next shall be present at any Assembly Conventicle or Meeting under Colour or Pretence of any Exercise of Religion in other manner than according to the 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 Iustices of the Peace of the County Limir Division Corporation or Liberty wherein the Offence aforesaid shall be committed or for the chief Magistrate of the Place where such 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 Iustice and Iustices of the Peace and Chief Magistrate respectively are hereby Impowered and Required to Administer or by nororious 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
said Appeal to be null and void Provided alwaies That every such Appeal shall be left with the person or persons so convicting as aforesaid at the time of the making thereof And be it farther Enacted by the Authority aforesaid That the Iustice Iustices of the Peace and chief Magistrate respectively or the respective Constables Headboroughs and Tything-men by Warrant from the said Iustice Iustices or chief Magistrare respectively shall and may with what aid force and assistance they shall think fit for the better Execution of this Act after refusal or denial to enter break open and enter into any house or other place where they shall be informed any such Conventicle as aforesaid is or shall be held as well within Liberries as without and take into their Custody the persons there unlawfully assembled to the intent they may be proceeded against according to this Act And that the Lieutenants or Deputy-Lieutenants or any Commissionated Officer of the Militia or other of his Majesties Forces with such Troops or Companies of Horse and Foot And also the Sheriffs and other Magistrates and Ministers of Iustice 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 Iustice of the Peace or chief Magistrate of his particular Information or Knowledge of such unlawfull Meeting or Conventicle held or to be held in their respective Counties or Places And that he with such Assistance as he can get together is not able to suppress and dissolve the same shall and may and are hereby required and enjoyned to repair unto the place where they are so held or to be held and by the best means they can to dissolve dissipate or prevent all such unlawfull Meetings and take into their Custsdy such and so many of the said persons so unlawfully Assembled as they shall think fit to the intent they may be proceeded against according to this Act. Provided always That no Dwelling-house of any Peer of this Realm where he or his Wife shall be then resident shall be searched by virtue of this Act but by immediate Warrant from His Majesty under His Sign Manual or in the presence of the Lieutenant or one Deputy-Lieutenant or two Iustices of the Peace whereof one to be of the Quorum of the same County or Riding And be it farther Enacted by the Authority aforesaid That if any Constable Head-borough Tything-man Church-warden or Overseer of the Poor who shall know or be credibly informed of any such Meetings or Conventicles held within his Precincts Parish or Limits and shall not give Information thereof to some Iustice of the Peace or the chief Magistrate and endeavour the Conviction of the Parties according to his Duty but such Constable Head-borough Tything-man Church-warden Overseers of the Poor or any person lawfully called in and of the Constable Head-borough or Tything-man shall willfully and wittingly omit the performance of his Duty in the Execution of this Act and he thereof Convicted in manner aforesaid he shall forfeit for every such Offence the sum of five pounds to de levied upon his Goods and Chattels and disposed in manner aforesaid And that if any Iustice of the Peace or chief Magistrate shall wilfully and wittingly omit the performance of his Duty in the Execution of this Act he shall forfeit the sum of One hundred pounds the one moiety to the use of his Majesty the other moiety to the use of the Informer to be recovered by Action Suit Bill or Plaint in any of His Majesties Courts at Westminster wherein no Essoin Protection or Wager of Law shall lie And be it farther Enacted by the Authority aforesaid That if any person be at any time Sued for putting in Execution any of the Powers contained in this Act otherwise than upon Appeal allowed by this Act such person shall and may plead the General Issue and give the special matter in Evidente and if the Plaintiff be Non-suit or a Verdict pass for the Defendant or if the Plaintiff discontinue his Action or if upon Demurrer Iudgment be given for the Defendant every such Defendant shall have his full treble Costs And be it farther Enacted by the 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 And that no Record Warrant or Mittimus to be made by virtue of this Act or any Proceedings thereupon shall be Reversed Avoided or any way Impeached by reason of any Default in form And in case any person offending against this Act shall be an Inhabitant in any other County or Corporation or flie into any other County or Corporation after the Offence committed the Iustice of the Peace or chief Magistrate before whom he shall be convicted as aforesaid shall certifie the same under his hand and seal to any Iustice of Peace or chief Magistrate of such other County or Corporation wherein the said person or persons are Inhabitants or are fled into whith said Iustice or chief Magistrate respectively is hereby Authorized and Required to levy the Penalty or Penalties in this Act mentioned upon the Goods and Chattels of such person or persons as sully as the said other Iustice of Peace might have done in case he or they had been Inhabitants in the place where the Offence was committed Provided also That no person shall be punished for any Offence against this Act unless such Offender be prosecuted for the same within Three months after the offence committed And that no person who shall be punished for any offence by virtue of this Act shall be punished for the same offence by virtue of any other Act or Law whatsoever Provided and be it farther Enacted by the Authority aforesaid That every Alderman of London for the time being within the City of London and the Liverties thereof shall have and they and every of them are hereby Impowered and Required to Execute the same Power and Authority within London and the Liberries thereof for the Examining Convicting and Punishing of all offences within this Act committed within London and the Liberries thereof which any Iustice of Peace hath by this Act in any County of England and shall be subject to the same Penalties and Punishments for not doing that which by this Act is directed to be done by any Iustice of Peace in any County of England Provided and be it Enacted by the Authority aforesaid That if the person offending and Convicted as aforesaid be a Feme-Covert cohabiting with her Husband the Penalties of Five shillings and Ten shillings so as aforesaid incurred shall be levied by Warrant as aforesaid upon the Goods and
and Insurrections should be punished which is not nor could be the intent of the Statute for in my Apprehension the Statute meant to punish all those that should meet together under pretence of Exercise of Religion though none were actually Exercised for that it is the same or a worse mischief than if there were any Exercise of Religion 7. In other manner than according to the Liturgy and Practice of the Church of England c. What the Liturgy and Practice of the Church of England is appears by the Act of Uniformity of 13 14 Car. 2. cap. 4. which is commonly printed before the Service Book or Book of Common-Prayer so where there is any Exercise of Religion in Publick that is where five or more be met together besides those of the same Houshold there if the Prayers in the Service Book be not used and directions of that Book observed that is an Exercise of Religion in other manner than according to the Liturgy and Practice of the Church of England But it may be Objected that the Service Book hath appointed the Form of Publick Prayers and Administration of the Sacraments c. But hath not appointed any Order to be observed in Preaching and therefore Preaching in a Conventicle cannot be said to be in other manner than according to the Liturgy and Practice of the Church of England there being no manner appointed by the Liturgy for Preaching To To this it is answered that by the 22d Paragraph or Section of the Act of Uniformity it is Enacted That at all and every time and times when any Sermon or Leaure is to he Preached the Common Prayers and Service in and by the said Book viz. the Book of Common-Prayer appointed to be read for that time of the day shall be openly publickly and solemnly read by some Priest or Deacon in the Church Chapel or place of publick Worship where the said Sermon or Lecture is to be Preached before such Sermon or Lecture be Preached and that the Lecturer then to Preach shall be present at the reading thereof So that Preaching in a Conventicle where the Common Prayers appointed to be read for the time of the day are not first solemnly read is an Exercise of Religion in other manner than according to the Liturgy and Practice of the Church of England and an Offence against this Statute 8. In any place within the Kingdom of England c. These words are plain and therefore if there be an Assembly or Meeting in a Church by five Persons or more under pretence of any Exercise of Religion in other manner than according to the Liturgy and Practice of the Church of England the same is a Conventicle within this Act where any one or more present who is of the Age of 16 or upwards and a Subject of this Realm ought to be Convicted But this is not to be understood of Foreigners and Aliens of the Foreign Reformed Churches allowed or to be allowed by His Majesty his Heirs or Successours in England for the Act of Uniformity which this was made to strengthen doth not extend to them as by the Proviso in the 15th Paragraph of that Act appeareth and which Prerogative of allowance to such Foreigners or Aliens Churches is saved to His Majesty by the last Paragraph in this Act. 9. 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 or more are so Assembled as aforesaid then c. Now are we come to a complete definition of a Conventicle within this Act which is where five or more where there is no Houshold are met together under Colour or pretence of any Exercise of Religion in other manner than according to the Liturgy and Practice of the Church of England wherein these things are to be observed 1. That the Person or Persons that are to be punished by this Law for being present at a Conventicle must be of the Age of 16 or upwards and a Subject of this Realm 2. That though the Person to be punished must have these Qualifications yet Aliens or Minors if they are of discretion may make up the number of five to make it a Conventicle within this Law as for Example suppose five are met together in a House besides the Houshold under Colour and pretence of Exercise of Religion in other manner than according to the Liturgy c. and four of those are Aliens and the fifth a Subject of the Age of 16 this is nevertheless a Conventicle though four of the five cannot be punished as being Aliens yet the fifth being a Subject shall be Convicted and punished by this Law for being present at such Conventicle for the Law describes him that is to be Convicted to be of the Age of 16 or upwards and a Subject of this Realm but the Conventicle at which he was present and for which he is Convicted is only to be a Meeting together or an Assembly of five or more Persons whether Aliens or Subjects is all one 3. That where there is a Meeting in a House of five Persons or above besides those of the Houshold and so a Conventicle there those of the same Houshold if present at the Conventicle being of the Age of 16 and Subjects of this Realm may and ought to be Convicted for being at the Conventicle as well as any others I think by the word Houshold both Lodgers and Inmates are included so that there must be five over and above the Houshold and the Lodgers and Inmates as part of the Houshold 4. The Preacher or Teacher in such Conventicles though an Alien or not of the Age of 16 ought to be Convicted See the third Paragraph of this Act. 5. If a Subject of the Age of 16 or upwards be present at the Church or Assembly of Foreigners or Aliens of the Foreign Reformed Churches allowed by His Majesty he is not to be Convicted for being at a Conventicle for seeing the Assembly it self is Lawfull he that is present at it cannot be said to have committed an Offence within this Act. 10. 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 Iustices 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 c. By this Clause are the Magistrates described that have Authority and ought to Convict Offenders for being at Conventicles which are one or more Justices of the Peace of the County that is where there are Justices of the Peace of the whole County as there are in most Counties in England
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