any Offence after the first Judgment shall be a sufficient Conviction to Bring the Officers or Person within the said penalty for the second Offence 6. And for the prevention of unjust Vexation by Reiterated Commitments for the same 2. Be it Enacted by the Authority aforesaid That no Person or Persons which shall be delivered or set at Large upon any Habeas Corpus shall at any time hereafter be again Imprisoned or Committed for the same Offence by any Person or Persons whatsoever other than by the Legal order and process of such Court wherein he or they shall be Bound by Recognizance to appear or other Court having Jurisdiction of the Cause 3. And if any other Person or Persons shall knowingly contrary to this Act Recommit or Imprison or knowingly procure or Cause to be Recommitted or Imprisoned for the same Offence or pretended Offence any Person or Persons delivered or set at Large as aforesaid or be knowingly aiding or Assisting therein then he or they shall forfeit to the Prisoner or Party Greived the sum of five hundred pounds any colourable pretence or variation in the Warrant or Warrants of Commitment notwithstandin to be Recovered as aforesaid 7. Provided alwayes and be it further Enacted That if any Person or Persons shall be Committed for High Treason or Felony Plainly and specially Expressed in the Warrant of Commitment upon his prayer or petition in open Court the first week of the Term or first day of the Sessions of Oyer and Terminer or General Gaol delivery to be Brought to his Tryal shall not be indicted sometime in the next Term Sessions of Oyer and Terminer or General Gaol delivery after such Commitment It shall and may be Lawful to and for the Judges of the Court of Kings Bench and Justices of Oyer and Terminer or General Gaol delivery and they are hereby Required upon motion to them made in open Court the last day of the Term Sessions or Gaol delivery either by the Prisoner or any one in his Behalf to set at Liberty the Prisoner upon Bail unless it appear to the Judges and Justices upon Oath made that the Witnesses for the King could not be produced the same Term Sessions or General Gaol delivery 2. And If any person or persons Committed as aforesaid upon his prayer or petition in open Court the first week of the Term or first day of the Sessions of Oyer and Terminer and General Gaol delivery to be Brought to his Tryal shall not be Indicted and Tryed the second Term Sessions of Oyer and Terminer or General Gaol delivery after his Commitment or upon his Tryal shall be Acquitted he shall be discharged from his Imprisonment 8. Provided alwaies That nothing in this Act shall Extend to discharge out of prison any person charged in debt or other Action or with process in any Civil Cause but that after he shall be discharged of his Imprisonment for such his Criminal Offence he shall be kept in Custody according to Law for such other suit 9. Provided alwaies and be it Enacted by the Authority aforesaid That if any person or persons subâ—ects of this Realm shall be Committed to any prison or in Custody of any Officer or Officers whatsoever for any Criminal or Supposed Criminal matter That the said person shall not be Removed from the said prison and custody into the custody of any other Officer or Officers 2. unless it be by Habeas Corpus or some other Legal writ or where the prisoner is delivered to the Constable or other Inferiour Officer to carry such prisoner to some common Gaol 3. or where any person is sent by â—rder of any Judge of Assize or Justice of the peace â—o any Common workhouse or house of Correction 4. or where the prisoner is Removed from one prion or place to another within the same County in order to his or her Tryal or discharge in due Course of Law 5. or in case of sudden fire or Infection â—r other Necessity 6. And if any person or persons â—hall after such Commitment aforesaid make out and â—ign or Countersign any Warrant or Warrants for â—uch Removal aforesaid contrary to this Act as well â—e that makes or signs or Countersigns such Warrant or Warrants as the Officer or Officers that obey or Execute the same shall suffer and Incur the pains and Forfeitures in this Act before-mentioned both for the first and second Offence Respectively to be Recovered in manner aforesaid by the party Grieved 10. Provided also and be it further Enacted by the Authority aforesaid That it shall and may be Lawful to and for any prisoner and prisoners as aforesaid to move and obtain his or their Habeas Corpus as well out of the High Court of Chancery or Court of Exchequer as out of the Courts of Kings Bench or common pleas or either of them 2. And if the said Lord Chancellour or Lord Keeper or any Judge or Judges Baron or Barons for the time being of the degree of the Coif of any of the Courts aforesaid in the Vacation time upon view of the Copy or Copies of the Warant or Warants of Commitment or Detainer or upon Oath made that such Copy or Copies were denied as aforesaid shall deny any writ of Habeas Corpus by this Act Required to be Granted being moved for as aforesaid they shall severally Forfeit to the prisoner or party Grieved the sum of five hundred pounds to be Recovered in manner aforesaid 11. And Be it Enacted and declared by the Authority aforesaid That an Habeas Corpus according to the true Intent and meaning of this Act may be directed and Run into any County Palatine the Cinquâ—… ports or other priviledged places within the Kingdom of Engl. Dominion of Wales or Town of Berwick upon Tweed and the Isles of Jersey or Guernsey any Law or Usage to the Contrary notwithstanding 12. And for preventing Illegal Imprisonments in prisons beyond seas 2. Be it further Enacted by the Authority aforesaid That no subject of this Realm that now is or hereafter shall be an Inhabitant or Resiant of this Kingdom of England Dominion of Wales or Town of Berwick upon Tweed shall or may be sent prisoner into Scotland Ireland Jersey Guernsey Tangier or into any parts Garrisons Islands or places beyond the seas which are or at any time hereafter shall be within or without the Dominions of His Majesty His heirs or successours 3. And that every such Imprisonment is hereby Enacted and adjudged to be Illegal 4. and that If any of the said subjects now is or hereafter shall be so Imprisoned every such person and persons so Imprisoned shall and may for every such Imprisonment maintain by vertue of this Act an Action or Actions of false Imprisonment in any of his Majesties Courts of Record against the person or persons by whom he or she shall be so Committed detained Imprisoned sent prisoner or Transported Contrary to the true meaning of this Act and against all or any
follows I A. B. do declare that it is not lawful upon any pretence whatsoever to take Arms against the King and that I do abhor that Traiterous position of taking Arms by his Authority against his Person or against those that are commissioned by him and that I will conform to the Liturgy of the Church of England as it is now by Law established And I do declare That I do hold there lies no Obligation upon me nor any other person from the Oath commonly called the solemn League and Covenant to endeavour any change or alteration of Government either in Church or State and that the same was in it self an unlawful Oath and imposed upon the Subjects of this Realm against the known Laws and Liberties of this Kingdom But note that this last branch of this Declaration by a subsequent clause of the same Act was to continue but till the 25th day of March 1682. so that now the same is not to be required And thus much for this Five-Mile Act. We now proceed to the other Statute against Protestant Dissenters viz. Anno Vicessimo Secundo Caroli Secundi Regis Cap. 1. An Act to prevent and suppress Seditions Conventicles For providing further and more 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 2. Be it enacted by the King 's 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 Liturgy and practice of 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 lawful to and for any one or more Justices 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 and Enjoyned upon Proof to him or them Respectively made of such Offence either by Confession of the Party or Oath of two Witnesses 3. Which Oath the said Justice and Justices of the Peace and Chief Magistrate respectively are hereby Required and Impowered to Administer or by Notorious 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 perfect Conviction of every such Offender for such offence and thereupon the said Justice Justices and Chief Magistrate respectively shall Impose on every such Offender so convict as aforesaid a Fine of five shillings for such first Offence which Record and Conviction shall be certified by the said Justice Justices or Chief Magistrate at the next Quarter-Sessions of the Peace for the County or place where the Offence was committed 2. 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 or Offences contrary to this Act and be thereof in manner aforesaid convicted then such Offender so convict of such like Offence or Offences shall for every such Offence incur the penalty of ten shillings 2. 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 be then 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 on any one person in case of the poverty of other Offenders amount not in the whole to above the Sum of ten pounds upon occasion of any one Meeting as aforesaid 3. And every Constable Headborough Tythingman Church-Wardens and Over-seers of the Poor respectively are hereby Authorized 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 4 The said Monies 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 King's Majesty His Heirs and Successors 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 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 sufficient 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 the other And no Justice shall or may be questioned or accountable for the same in the Exchequer or elsewhere than in Quarter-Sessions another 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 Twenty pound to be Levied in manner aforesaid upon his Goods and Chattles 2. And if the said Preacher or Teacher so convicted be a stranger and his Name and Habitation not known and 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 impowered and required to levy the same by Warrant as aforesaid upon the Goods 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 3. And if such Offender 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 so convicted of such like Offence or Offences shall for every such Offence incur the penalty of Forty pounds to be levied and disposed as aforesaid 4. And be it further enacted by the Authority aforesaid That every person that shall wittingly and willingly suffer any such Conventicle Meeting or unlawful Assembly aforesaid to be held in his or her House Out-house Barn Yard or Backside and be convicted thereof in manner aforesaid shall forfeit 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 poverty or inability as aforesaid upon the Goods and Chattels of such persons who shall be convicted in manner abovesaid 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 Ten Pounds for any one Meeting in regard of the poverty of any other person or persons Provided also and be it further enacted That in all cases of this Act where the penalty or sum charged upon any Offendor exceeds the sum of Ten shillings and such offendor shall find himself aggrieved it shall and may be lawful for him within one Week after the said penalty or Money charged shall be paid or levied to appeal in writing from the person or persons convicting to the judgment of the Justices of the Peace in the next Quarter-Sessions 2. 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 3. Whereupon such Offendor may plead and make defence and have his Tryal by a Jury thereupon 4. And in case such Appellant shall not prosecute with effect or if that upon such Trial 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 against such Offendor for his unjust Appeal 5. and no other Court whatsoever shall intermeddle with any cause or causes of Appeal upon this Act but they shall be finally determined in the Quarter-Sessions only 7. Provided alwaies 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 Prosecute the said Appeal with Effect 2. Which said Recognizance the Person or Persons Convicting is hereby Impowered to take and Required to Certifie the same to the next quarter Sessions 3. And in Case no such Recognizance be entred into the said Appeal to be null and Void 8. 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 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 Headboroughs 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 Denial to enter break open and enter into any House or other place where they shall be Informed of any such Conventicle as aforesaid is or shall be held as well within Liberties as without 2. And take into their Custody the Persons there unlawfully Assembled to the Intent they may be proceeded against according to this Act 3. 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 Justice or any of them jointly or severally within any of 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 of his particular Information or Knowledge 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 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 alwaies that no Dwelling-house of any Peer of this Realm where he or his Wife shall then be Resident shall be searched by vertue 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 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-warden or Overseer of the Poor who Shall know or 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 Tything-man Church-warden 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 Summe of five Pound to be Levyed upon his Goods and Chattels and disposed in manner aforesaid 2. 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 Summe of one
Assent and Consent to the use of all things contained and prescribed in the Book of Common-Prayer and Administration of the Sacraments and other Rites Ceremonies of the Church according to the use of the Church of England or have not subscribed the Declaration or Acknowledgment contained in a certain Act of Parliament made in the 14 Year of His Majesties Reign and Intituled An Act for the Vniformity of publick Prayers and Administration of Sacraments and other Rites and Ceremonies and for the establishing the Form of making ordaining and consecrating of Bishops Priests and Deacons in the Church of England according to the said Act or any other subsequent Act And whereas they or some of them and diverse other person and persons not ordained according to the Form of the Church of England and as have since the Act of Oblivion taked upon them to preach in unlawful Assemblies Conventicles or Meetings under colour or pretence of Exercise of Religion contrary to the Laws and Statutes of this Kingdom have setled themselves in divers Corporations in England sometimes three or more of them in a place thereby taking an opportunity to distil the poisonous Principles of Schism and Rebellion into the hearts of His Majesties Subjects to the great danger of the Church and Kingdom II. Be it therefore 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 the Authority of the same That the said Parsons Vicars Curates Lecturers and other persons in Holy Orders or pretended Holy Orders or pretending to Holy Orders and all Stipendiaries or other persons who have been possessed of any Ecclesiastical or Spiritual Promotion and every of them who have not declared their unfeigned Assent and Consent as aforesaid and subscribed the Declaration aforesaid and shall not take and subcribe the Oath following I A. B. do swear That it is not lawful upon any pretence whatsoever to take Arms against the King and that I do abhor that Traiterous position of taking Arms by his Authority against his Person or against those that are commissioned by him in pursuance of such Commissions and that I will not at any time endeavour any Alteration of Government either in Church or State III. And all such person and persons as shall take upon them to preach in any unlawful Assembly Conventicle or Meeting under colour or pretence of any exercise of Religion contrary to the Laws and Statutes of this Kingdom 2. shall not at any time from and after the 24th day of March which shall be in this present year of our Lord God One thousand six hundred sixty and five unless only in passing upon the Road come or be within five Miles of any City or Town Corporate or Burrough that sends Burgesses to the Parliament within His Majesties Kingdom of England Principality of Wales or of the Town of Berwick upon Tweed 3 or within five Miles of any parish Town or place wherein he or they have since the Act of Oblivion been Parson Vicar Curate Stipendiary or Lecturer or taken upon them to preach in any unlawful Assembly Conventicle or Meeting under colour or pretence of any exercise of Religion contrary to the Laws and Statutes of this Kingdom 4 Before he or they have taken and subscribed the Oath aforesaid before the Justices of the Peace at their Quarter-Sessions to be holden for County Riding or Division next unto the said Corporation City or Burrough Parish place or Town in open Court which said Oath the said Justices are hereby impowered there to administer 5 Upon forfeiture for every such Offence the sum of Forty pounds of lawful English Money the one third part thereof to His Majesty and His Successors the other third part to the use of the poor of the Parish where the Offence shall be committed and the other third part thereof to such person or persons as shall or will sue for the same by Action of Debt Plaint Bill or Information in any Court of Record at Westminster or before any Justices of Assize Oyer and Terminer or Gaol-delivery or before any Justices of the Counties Palatine of Chester Lancaster or Durham or the Justices of the great Sessions in Wales or before any Justices of Peace in their Quarter Sessions wherein no Essoin Protection or wager of Law shall be allowed IV. Provided always and be it further enacted by the Authority aforesaid That it shall not be lawful for any person or persons restrained from coming to any City Town Corporate Burrough Parish Town or place as aforesaid or for any other Person or Persons as shall not first take and subscribe the aforesaid Oath and as shall not frequent Divine Service established by the Laws of this Kingdom and carry him or her self reverently decently and orderly there to teach any publick or private School or take any Boarders or Tablers that are taught or instructed by him or her self or any other upon pain for every such Offence to forfeit the sum of Forty pounds to be recovered and distributed as aforesaid V. Provided also and be it further enacted by the Authority aforesaid that it shall be lawful for any two Justices of the Peace of the respective County upon Oath to them of any Offence against this Act which Oath they are hereby impowered to administer to commit the Offender for six Months without Bail or Mainprise unless upon or before such Commitment he shall before the said Justices of the Peace swear and subscribe the aforesaid Oath and Declaration VI. Provided always that if any person intended to be restrained by vertue of this Act shall without fraud or Covin be served with any Writ Sub-poena Warranr or other Process whereby his personal appearance is required his Obedience to such Writ Sub-poena or Process shall not be construed an Offence against this Act. Note That as to the Penalty of Forty Pound the party must be tried at the Assises or Sessions before it is forfeited But any two Justices of Peace may commit for six Months unless before them he 'l swear and subscribe the Oath in this Declaration specified the Assent and Consent and the Declaration therein referr'd unto which if he do he puts himself out of their power Now the Assent and Consent he has spoke of is appointed by the Stat. 13 and 14. of Car. 2di chap. 4. as follows I A. B. do here declare my unfeigned Assent Consent to all every thing contained prescribed in by the Book intituled the Book of common Prayer Administration of the Sacraments and other Rites and Ceremonies of the Church according to the use of the Church of England together with the Psalter or Psalms of David pointed as they are to be sung or said in Churches and the form and manner of making ordaining and consecrating of Bishops Priests and Deacons The Declaration is by the Act last mentioned as