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A33959 A perfect guide for Protestant dissenters in case of prosecution upon any of the penal statutes made against them together with the statutes of 35 Eliz. and 22 Car. 2 at large : to which is added a post-script about ecclesiastical courts and prosecution in them. Care, Henry, 1646-1688. 1682 (1682) Wing C531; ESTC R5384 47,546 38

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then also make out Warrants to the several Constables Head-boroughs or Tythingmen of the respective places where the Estate Real or Personal of such Offender to be transported shall happen to be commanding them thereby to sequester into their hands the Profits of the Lands and to distrain and sell the Goods of the Offender so to be transported for the reimbursing of the said Sheriff and such reasonable Charges as he shall be at and shall be allowed him by the said respective Court for such conveying and embarquing of such Offender so to be transported rendring to the party or his or her Assigns the Overplus of the same if any be unless such Offender or some other on the behalf of such Offender so to be transported shall give the Sheriff such Sureties as he shall approve of for the paying all the said Charges unto him 6. And be it further enacted by the Authority aforesaid That in default of defraying such Charges by the parties to be transported or some other in their behalf or in default of Security given to the Sheriff as aforesaid it shall and may be lawful for every such Sheriff to contract with any Master of a Ship Merchant or other person for the transporting of such Offender at the best rate he can and that in every such case it shall and may be lawful for such persons so contracting with any Sheriff for transporting such Offender as aforesaid to detain and imploy every such Offender so by them transported as a Labourer to them or their Assigns for the space of Five Years to all intents and purposes as if he or she were bound by Indentures to such person for that purpose And that the respective Sheriffs shall be allowed or paid from the King upon their respective Accounts in the Exchequer all such Charges by them expended for conveying embarquing and transporting of such persons which shall be allowed by the said respective Courts from whence they received their respective Warrants and which shall not have been by any of the ways aforementioned paid secured or reimbursed unto them as aforesaid VII Provided always and be it further Enacted That in Case the Offendor so indicted and Convicted for the said third Offence shall pay into the hands of the Register or Cler of the Coart or Sessions where he shall be Conuicted before the said Court or Sessions shall be ended the sum of 10 l. That then the said Offendor shall be discharged from Transportation and the Judgment for the same 8. And be it further Enacted That the like Imprisonment indictment Arraignment and Proceedings shall be against every such Offender as often as he shall again offerd after such third Offence nevertheless is dischargeable and discharged by the payment of the like sum as was paid by such Offendor for his or her said Offence next before committed together with the Additional and increased sum of 100 l. more upon every new Offe●ce committed the said respective sums to be paid as aforesaid and to be disposed of as followeth viz. the one moiety for the Repair of the Parish-Church or Churches Chappel or Chappels of such Parish within which such Conventicle Assembly or meeting shall be held and the other moiety to the Repair of the High-ways of the said Parish or Parishes if need require or otherwise for the amendment of such High ways as the Justices of the Peace at their respective Quarter-Sessions shall direct and appoint And if any Constable Head orough or Tythingman shall neglect to Execute any the said Warrants made unto them for sequestring distraining and selling any of the Goods and Chattels of any Offendor against this Act for the levying such sums of money as shall be imposed for the first or second Offence he shall forfeit for every such neglect the sum of 5 l. of lawful money of England the one Moiety thereof to the King and the other Moiety to him that will sue for the same in any of the Kings Courts of Record as aforesaid And if any person be at any time su●d for putting in Execution any of the powers contained in this Act such person shall and may plead the General Issue and give the special matter in Evidence And if the Plaintiff be Non-suit or a Verdict pass for the Defendant thereupon or if the Plaintiff discontinue his Action or if upon Demurrer Judgment be given for the Defendant every such Defendant shall have his or their treble Costs 9. And be it further Enacted That if any person against whom Judgment of Transportation shall be given in manner aforesaid shall make escape before Transportation or being Transported as aforesaid shall return unto this Realm of England Dominion of Wales and Town of Barwick upon Tweed without the special Licence of his Majesty his Heirs and Successors in that behalf first had and obtained That the party so escaping or returning shall be adjudged a Fellon and shall suffer Death as in case of Fellony without benefit of Clergy and shall forfeit and loose to his Majesty all his or her Goods and Chattels for ever and shall further loose to his Majesty all his or her Goods and Chattels Lands Tenements and Hereditaments for and during the Life of such Offendor and no longer And that the Wife of any such Offendor by force of this Act shall not lose her Dower nor shall any corruption of Blood grow or be by reason of any such Offence mentioned in this Act but that the Heir of every such Offendor by force of this Act shall and may after the death of such Offendor have and enjoy the Lands Tenements and Hereditaments of such Offendors as if this Act had not been made 10. And for better preventing of the mischiefs which may grow by such seditious and tumultuous Meetings under pretence of Religious Worship Be it further Enacted by the Authority aforesaid That the Lieutenants or Debuty-Lieutenants or any Commissioned Officers of the Militia or any other of his Majesties Forces with such Troops or Companies of Horse or Foot and also the Sheriffs and Justices of Peace and other Magistrates and Ministers of Justice or any of them jointly or severally within any the Counties or places within this Kingdom of England Dominion of Wales or Town of Berwick upon Tweed with such other Assistance as they shall think meet or can get in readiness with the soonest on Certificate made to them respectively under the hand and Seal of any one Justice of the Peace or Chief Magistrate as aforesaid of his particular information or knowledg of such unlawful Meetings or Conventicles held or to be held in their respective Counties or places and that he with such Assistance as he can get together is not able to suppress or dissolve the same shall and may and are hereby required to repair unto the place where they are so held or to be held and by the best means they can to dissolve and dissipate or
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 Custody the persons there unlawfully assembled to the intent they may be proceeded against according to this Act. And that the Lieutenants or Deputy-Licutenants 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 Justice or any of them jointly or severally within any the Counties or places within this Kingdom of England Dominion of Wales or Town of Barwick upon Tweed with such other assistance made to them respectively under the hand and Seal of any one Justice of Peace or chief Magistrate of his particular information or knowledg of such unlawful 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 unlawful Meetings and take into their Custody 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. 10. Provided always That no dwelling House of any Peer of this Realm where he or his wife shall then be resident shall be searched by Virtue of this Act but by immediate warrant from his Majessiy under his sign Manual or in the presence of the Lieutenant or one Deputy-Lieutenant or two Justices of the Peace whereof one to be of the Quorum of the same County or Riding 11. And be it further Enacted by the Authority aforesaid That if any Constable Headborough Tythingman Church-wardon or Overfeer of the Poor who shall know ●r be credibly informed of any such Meetings or Conventicles held within his Precincts Parishes or Limits and shall not give information thereof to some Justice of the Peace or the chief Magistrate and endeavour the Conviction of the parties according to his Duty but such Constable Headborough Tythingman Churchwarden Overseers of the Poor or any person lawfully called in aid of the Constable Headborough or Tything-man shall wilfully and wittingly omit the performance of his duty in the execution of this Act and be thereof convicted in manner aforesaid he shall forfeit for every such offence the sum of 5 l. to be levied upon his Goods and Chattels and disposed in manner aforesaid And that if any Justice 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 100 l. the one 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 12 And be it further Enacted by the Authority aforesaid That if any person be at any time sued for putting in execution any of the Power 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 Evidence and if the Plaintiff be Nonsuit or a Vordict pass for the Defendant or if the Plaintiff discontinue his Action or if upon demur Judgment be given for the Desendant every such Desendant shall have his full treble Costs 13. And be it further 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 justification and encouragement of all persons to be employed in the execution thereof and that no Record Warrant or Mittimus to be made by vertue 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 Justice of Peace or chief Magistrate before whom he shall be convicted as aforesaid shall certifie the same under his hand and seal to any Justice of Peace or chief Magistrate of such County or Corporation wherein the said person or persons are Inhabitants or are fled into which said Justice 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 fully as the said other Justice of Peace might have done in case he or they had been Inhabitants in the place wlfere the offence was committed 14. Provided also That no person shall be punished for any offence against this Act unless such offender be profecuted 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 15. Provided and be it further Enacted by the Authority aforesaid That every Alderman of London for the time being within the City of London and the Liberties thereof shall have and they and every of them are hereby impowered and required to execute the fame power and authority within London and the Liberties thereof for the examining convicting and punishing of all offences within this Act committed within London and the Liberties thereof which any Justice 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 Justice of Peace in any County of England 16. 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 penalty of 5 s. or 10 s. so as aforesaid incurred shall be levied by Warrant as aforesaid upon the Goods and Chattels of the Husband of such Feme-Covert 17. Provided also That no Peer of this Realm shall be attached or imprisoned by vertue or force of this Act any thing matter or clause therein to the contrary notwithstanding 18. 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 Authority 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