Parliament That if any Person or Persons that shall at any time hereafter offend against this Act shall before he or they be so warned or required to make abjuration according to the Tenour of this Act repair to some Parish Church on some Sunday or other Festival day and then and there hear Divine Service and at the Service time before the Sermon or reading of the Gospel make Publick and open Submission and Declaration of his and their Conformity to her Majesties Laws and Statutes as hereafter in this Act is declared and appointed that then the same offender shall thereupon be clearly discharged of and from all and every the Penalties and Punishments inflicted or imposed by this Act for any of the Offences aforesaid The same Submission to be made as hereafter followeth That is to say I. A. B. Do humbly confess and acknowledg that I have greivously offended God in contemning her Majesties Godly and lawful Government and Authority by absenting my self from Church and from hearing Divine Service contrary to the Godly Laws and Statutes of this Realm and in using and frequenting disordered and unlawful Conventicles and Assemblies under pretence and colour of exercise of Religion And I am heartily Sorry for the same and do acknowledg and testifie in my Conscience that no other Person hath or ought to have any Power or Authority over her Majesty And I do Promise and protest without any dissimulation or any colour or means of any dispensation that from henceforth I will from time to time obey and perform her Majesties Laws and Statutes in repairing to the Church and hearing Divine Service and do mine uttermost endeavour to maintain and defend the same And that every Minister or Curate of every Parish where such Submission and Declaration of Conformity shall hereafter be so made by any such Offender as aforesaid shall presently enter the same into a Book to be kept in every Parish for that purpose and within ten days next following shall certifie the same in Writing to the Bishop of the said Diocess Provided nevertheless that if any such Offender after such Submission made as is aforesaid shall afterwards fall into Relapse or eftsoons obstinately refuse to repair to some Church Chappel or usual place of Common Prayer to hear Divine Service and shall forbear the same as aforesaid or shall come and be present at any such Assemblies Conventicles and meetings under colour or pretence of any Exercise of Religion contrary to her Majesties Laws and Statutes That then every such Offender shall lose all such benefit as he or she might otherwise by vertue of this Act have or enjoy by reason of their said Submission and shall thereupon stand and remain in such plight condition and degree to all intents as though such Submission had never been made And for that every Person having House and Family is in duty bounden to have special regard of the good Government and ordering of the same Be it enacted by the Authority aforesaid that if any Person or Persons shall at any time hereafter relieve maintain retain or keep in his or their House or otherwise any person which shall obstinately refuse to come to some Church Chappel or usual place of Common Prayer to hear Divine Service and shall forbear the same by the space of a Month together contrary to the Laws and Statutes of this Realm that then every Person which shall so relieve maintain retain or keep any such Person offending as aforesaid after notice thereof to him or them given by the Ordinary of the Diocess or any Justices of the Assizes of the Circuit or any Justice of Peace of the County or the Minister Curate or Church-wardens of the Parish where such person shall then be or by any of them shall forfeit to the Queens Majesty for every person so relieved maintained retained or kept after such notice as aforesaid Ten Pounds for every Month that he or they shall so relieve maintain retain or keep any such person so offending Provided nevertheless that this Act shall not in any wise extend to Punish or impeach any Person or Persons for relieving maintaining or keeping his or their Wive Father Mother Child or Children Wardes Brother or Sister or his Wives Father or Mother not having any certain place of Habitation of their own or the Husbands or Wives of any of them or for relieving maintaining or keeping any such person as shall be Committed by Authority to the Custody of any by whom they shall be so relieved maintained or kept any thing in this Act contained to the contrary notwithstanding And for the more speedy levying and recovering for and by the Queens Majesty of all and Singular the Pains Duties Forfeitures and Payments which at any time hereafter shall accrue grow or be payable by vertue of this Act or of the Statutes made in the 23th year of her Majesties Reign concerning Recusants Be it Enacted by the Authority aforesaid that all and every the said Pains Duties Forefeitures and Payments shall and may be recovered and levied to her Majesties use by Action of Debt Bill Plaint Information or otherwise in any of the Courts commonly called Kings Bench Common Pleas or Exchequer in such sort and in all respects as by the ordinary Course of the Common Laws of this Realm any other Debt due by any such Person in any other Case should or may be recovered or levied wherein no essoign Protection or Wager of Law shall be admitted or allowed Provided always that the Third Part of the Penalties to be had or received by vertue of this Act shall be imployed and bestowed to such good and charitable uses and in such manner and form as is limitted and appointed in the Statute made in the 28th year of her Majesties Reign touching Recusants Provided also that no Popish Recusant or Feme-covert shall be compelled or bound to abjure by vertue of this Act. Provided also that every person that shall Abjure by force of this Act or refuse to Abjure being thereunto required as aforesaid shall forfeit and lose to her Majesty all his Goods and Chattels forever and shall further lose all his Lands Tenements and Hereditaments for and during the life of such offender and no longer And that the Wife of any offender by force of this Act shall not lose her Dower Nor that any Corruption of Blood shall grow or be by reason of any offence mentioned in this Act But that the heir of every such offender by force of this Act shall and may after the Death of every offender have and enjoy the Lands Tenements and Hereditaments of such offender as if this Act had not been made And this Act to continue no longer than the end of the next Session of Parliament Anno 39 Eliz. cap. 18. An Act for the reviving continuance explanation perfecting and repealing of divers Statutes And amongst others it is there thus expressed viz. ANd wherein the Parliament holden at Westminster
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 Offeâ—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 suâ—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
presume to ascend the Pulpit with ex tempore Raptures For confirmation then that there is no need of using of Form and Order so the matter be the same there are many of the Disciples Prayers recorded in Scripture and there is no question to be made but that they were acceptable to God and yet we do not read they used the absolute Form prescribed by our Saviour but expressed themselves in other words though altogether agreeing for matter Upon the whole suppose this Question should be put Whether the Apostles did use any other Form than that which was taught them by Christ There is no doubt but the Answer will be They did not Put then this Question to the Informer Did the Dissenters use any other Prayers than what were agreeable to the Church of England In the first place 't is ten thousand to one whether he be a Competent judge If he be not he stakes his Conscience at a dreadful hazard for it behoves him to Swear positively in the Affirmative or else in justice his Information and all his hopes of Gain are lost And thus by a rigid Prosecution of uncharitable severity a necessitous and greedy wretch is brought to this tempting Dilemma either to Perjure himself or lose his Expectation Again The Liturgy it self is not always read altogether but on some days more on some days less The Dissenters perhaps use least of all yet they use some for they read the Reading Psalms A first and second Lesson and afterwards make use of Singing Psalms So then it being apparent that the degree of Comparison does not annihilate the subject of the Comparison it may be presumed that the Dissenters are present at their Conventicles positively according to the Liturgy of the Church of England Which things not being considered how uncharitably do they fall under the censure of Lavish and Inveterate Pulpits In the last place though it would be very unreasonable to disallow what has been already said yet should it be contradicted the next words or the practise of the Church will certainly give relief For it is the practice of the Church of England to Read and Sing the Psalms of David to read the first and second Lesson and so do the Dissenters many of them also militate under the same Ordination And if there be any that do not 't is presumed they might soon be better advised the refusal deserving reproof if they may be admitted being certainly to be look'd upon as an obstinate piece of weakness But which is more as to the Harmony of practice they use the same Sacraments though perhaps with some small difference in the Form and Ceremony of Administration which one would think might be easily reconciled without all this Combustion There is one thing more to be considered upon the account of Moral Equity That though the Act of Vniformity made in this His Majesties Raign it is here expresly declared That no other Form or Ceremony shall be used but what is prescribed in that Act or in the Book of Common Prayer Yet both by the Act and the Book it plainly appears that the Prosecutors of the Dissenters make no scruple to dissent from what is there Enacted while they use several Ceremonies that are not there and omit much of what is there as their going up and bowing to the Altar and reading second Service there Their coming out of the Pulpit and reading Part of the Communion Service in their Desks or at the Altar again and giving no Blessing at all in Pulpit Their setting the Communion Table Altar-wise Richly adorned at the East end of the Church whereas it ought to be placed either in the Body of the Church or in some convenient place Covered with a clean Linnen-Cloath Their Turning their Faces all of a Sudden to the East and bowing to the Name of Jesus and not at the Name of God or Christ These Dispensations argue an apparent Non-Conformity or Over-Conformity the same thing in strickness and partiality one among another So that it seems a Transgression not only against Charity but against Common Justice to prosecute those that do no more than only Non-Conform to those very Ceremonies which they themselves regard less of a publick Statute either neglect or over act at their own will and pleasure And for a further confirmation of the Nonconformity of our most Regular so pretending themselves Conformists point blank even against the very Law of the Land let them that please but consider how many there are that dispence with Non-Residence and Pluralities to the deteriment of many deserving persons that want and positively against the Statute of the 21 of H. 8. and yet no question but they would think it hard measure to be prosecuted upon that Law So Partial is a man to forgive those failings in himself which he Prosecutes in others However because all the meekness of Perswasion and Argument will not stop the Career of some mens Impetuosity in the Prosecution of this Act it will not be from the purpose to cast an Eye upon the Executive part of the Statute In order to which the most considerable Instructions are couched in the first and eleventh Section The Instructions of the first Section run thus That it shall and may be lawful to and for any one or more Iustices of the Peace within the limits c. Where such Offence shall be committed or for the Chief Magistrate of the Place or Corporation and upon proof of such Offence either by the Confession or Oath of two Witnesses or by Notorious Evidence and Circumstance of the Fact to make a Record under their Hands and Seals which Record shall to all intents c. be taken to be a full Conviction that thereupon the said Justices c. shall impose the sum of c. From which words it is clear that by this clause no power is given to any Magistrate to make out any general Warrant upon this Act till after Conviction by two Witnesses or Confession of the Offender Neither has any Constable to do with any such general Warrant in reference to this Act unless the Warrant grounded upon such a Record as is mention'd in the Act upon confession or proof and conviction of the Party by two Witnesses be given into his hands Whence arises this Question Whether any Constable or Head-borough that acts in relation to this Statute by vertue of a Power not Authorized by the literal words of the Law do not act at his own peril 2. Whether he shall incur any penalty for not doing that which the Law requires not at his Hands For by this part of the Law it is required only that the Witnesses should be the Informers But by general Warrants the Constables c. are compelled to turn Informers themselves and to find themselves work to accuse their Neighbours on purpose to find themselves yet more work to disturb and distrain upon their Goods and Persons A duty which the literal sense