notwithstanding FINIS A Postscript touching Prosecutions in the Ecclesiastical Courts HAving thus done with the Temporal Prosecutions it may not be amiss to add a word concerning the Spiritual Persecutions now on foot by Citations and Excommunications not only to the great perplexity and trouble but to the great expence of the people In reference to which Men are to consider whether the present Ecclesiastical severity be according to Law or no For what ever is done to disturb the quiet and repose of particular Subjects contrary to Law is down right Oppression That the exercise of the Punishments of Excommunication and an Anathema is allowable against obdurate Hereticks and Schismaticks is apparent from Scripture and the same Scriptute directs both by whom how and upon whom these Sentences ought to be pronounced On the other side as there is no part of Scripture that erects any Ecclesiastical Courts of Judicature or Warrants the formal Processes of Citations Pleas and Answers or the extravagant Fees of Proctors Apparitors and Promooters so it appears that since the Reformation they have been abrogated by the Law of the Land as being look'd upon meerly to be the effects of Popish Usurpation For Episcopal Authority consists not so much in keeping Courts as in a true Inspection and Care over the Flock of Christ the Weapons of their Authory are only Admonition and Reprehension and then Excommunication comes of course a more Regular aud Apostolick way than by Processes and Citations As to all other Jurisdiction comprehending Force and Compulsion it is vested solely in the King who is by all true Protestants accounted the Defender of the Faith and the supream Head of the Church The Law it self runs thus And whereas the Arch-Bishops and Bishops and other Spiritual persons in this Realm do use to make and send out their Summons Citations and other Processes in their own names and in such form and manner as was used in the time of the usurped power of the Bishop of Rome contrary to the form and order of the Summons and Process of the Common Law used in this Realm seeing that all Authority of Jurisdiction Spiritual and Temporal is derived and deducted from the Kings Majesty as supreme head of these Churches and Realms of England and Ireland so justly acknowledged by the Clergy of the said Realm that all Courts Ecclesiastical within the said two Realms be kept by no other power or authority either forreign or within the Realm but by the authority of his most excellent Majesty Be it therefore further enacted by the Authority aforesaid that all Summons and Citations or other Process Ecclesiastical in all suits and causes of Instance betwixt party and party and all causes of Correction and all causes of Bastardy or Bigamy or enquiry de jure patronatus Probates of Testaments and Commissions of Administartions of persons deceased and all Acquittances of and upon account made by the Executor Administrators or Collectors of goods of any dead person be from the first day of July next following made in the name and with the style of the King as it is in Writs Original or Judicial at the Common Law And that the Test thereof be in the name of the Arch-Bishop or Bishop or other having Excclesiastical Jurisdiction who hath the Commission and grant of the Authority Ecclesiastical immediately from the Kings Highness and that his Commissary Official or Substitute exercising Jurisdiction under him shall put his name in the Citation or Process after the Test Further be it enacted by the Authority aforesaid That all manner of person or persons who have the exercise of Ecclesiastical Jurisdiction shall have from the first day of July before expressed in their Seals of Office the Kings Highness Arms decently set with certain Characters under the Arms for the knowledge of the Diocess and shall use no other Seal of Jurisdiction but where His Mejesties Arms be ingraven upon pain that if any person shall use Ecclesiastical Jurisdiction after the day before expressed in this Realm of England Wales or other his Dominions or Territories and not send or make out the Citation of Process in the Kings name or use any Seal of Jurisdiction other than before limited that every such Offender shall incur and run in the Kings Majesties displeasure and indignation and suffer Imprisonment at his Higness will and pleasure Provided that no more nor other Fees be taken or paid for the Seal and Writing of any Citations or other Process than was heretofore accustomed Which being true what power the Bishops have to hold their Spiritual Courts and send out Process in their own Names and to make Citations and Executions of Judgements under their own Seals is an enquiry not improper for them that believed themselves wronged This Act is said to have been repeal'd by the 1. and 2. of Philip and Mary c. 8. though no mention be made of it among the repeal'd Acts of that time However though it were it was again reviv'd by the 1. of Eliz. c. 1. in these words Most humbly beseech your most Excellent Majesty your faithful and obedient Subjects the Lords Spiritual and Temporal and the Commons in this your present Parliament assembled That where in the time of the Reign of your most dear Father of Worthy Memory King Henry the 8th divers good Laws and Statutes were made and Established as well for the utter extinguishment and putting away of all Usurped and Forreign Powers and Authorities out of this your Realm and other your Highness Dominions and Countries as also for the restoring and uniting to the Imperial Crown of this Realm the Ancient Jurisdictions Authorities Superiorities and Preheminencies to the same of right belonging and appertaining by reason whereof we your most humble and obedient Subjects from the Five and twentieth year of the Reign of your said dear Father were continually kept in good order and were disburdened of divers great and intollerable Charges and Exactions before that time unlawfully taken and exacted by such Forreign power and authority as before that was usurped until such time as all the said good Laws and Statutes by one Act of Parliament made in the first and second years of the Reigns of the late King Philip and Queen Mary your Highness Sister intituled an Act Repealing all Statues Articles and Provisions made against the See Apostolick of Rome since the Twentieth year of King Henry the eight and also for the Establishment of all Spiritual and Ecclesiastical Possessions and Hereditaments conveyed to the Laity were all clearly repealed and made void as by the same Act of Repeal more at large doth and may appear by reason of which Act of Repeal your said humble Subjects were eftsoons brought under an usurped Forreign Power and Authority and yet do remain in that bondage to the intollerable charges of your loving Subjects if some redress by Authority of this your High Court of Parliament with the assent of your Highness be not had and provided
the 19. day of February in the 35th year of the Queens Majesties Reign that now is there was an Act made Intituled An Act to retain the Queens Majesties Subjects in their due Obedience Be it enacted by the Authority of this present Parliament that this Act viz. 35 of Eliz. as well as the other there recited Statutes and Acts shall be by Authority of this present Parliament revived continued and endure in force and effect until the end of the next Parliament next ensuing The next Parliament was begun and holden at Westminister the 27th day of October in the 43th of Eliz. and there continued until the Dissolution thereof being the 19th of December next following Anno 1601. And there in the 9th Chapter Sect. 18. this 35 Eliz. is again continued by the Statute Intituled An Act for continuance of divers Statutes and for repeal of some others As the 27. Sect. of the said Act does make to appear The words are these Be it enacted by the Authority of this present Parliament that the same shall be continued and remain in force until the end of the first Session of the next Parliament At the Parliament begun and holden at Westminster the 19th day of March the first year of King James and there continued until the 7th of July Anno 1604 and then prorogued until the 7th of February next following which ended that Session In the 25th Chapter Intituled An Act for continuing and reviveing of divers Statutes and for repealing of some others in Sect. the 13th and the 24th this 35 Eliz. and among divers Acts is again continued in these words viz. Shall be continued and remain in force until the end of the first Session of the next Parliament At the Second Session of Parliament begun and holden by Prorogation at Westminster the 5th day of November in the Third year of King James and there continued until the 27th of May and from thence Prorogued till the 18th of November next following there is no mention at all made of any continuance of this 35 Eliz. Neither was there any mention made of this said 35 Eliz. at the next Session of the said Parliament begun and holden at Westminster by Prorogation the 18th day of November in the 4th year of King James which Session ended the 4th of July Anno 1607. and then was Prorogued until the 16th day of November next following Nor during all the Fourth Session of the said Parliament begun and holden by Prorogation at Westmimster the 19th day of February in the 7th of King James and there continued until the 23th day of July and then Prorogued until the 16th day of October next following Anno 1610. was there any the least mention of a continuance of this said 35 Elizabeth The Vacation after Hil. 20. Jac. MEmorand That on Monday the 17th of February at Serjeants-Inn upon the Assembly of all the Justices to take Consideration upon the Statute of 35 Eliz. c. 1. for the Abjuration of Sectaries the Attorny General and Serjeant Crew being there after the perusal of the Statute and the continuances thereof it was first upon debate considered Whether this Statute was in force or discontinued and upon the perusal of the Proviso in the Statute of Subsidy and upon reasoning the matter these Points were resolved 1. If a Parliament be Assembled and divers Orders made and a Writ of Error brought and a Record delivered to the higher House and divers Bills agreed but no Bills Signed That this is but a Convention and no Parliament or Session as it was Anno 12 Jac. in which as it was affirmed by them which had seen the Roll it is entred that it is not any Session or Parliament because that no Bill was signed vide 33. H. 6. Brook Parliament 86. Every Session in which the King signs Bills is a Parliament 2. It was agreed that if divers Statutes be continued until the next Parliament or next Session and there is a Parliament or a Session and nothing done therein as to continuance all the said Statutes are discontinued and gone And then it was moved whether this Statute was discontinued and seriatim Jones Chamberlain Hutton Denham Haughton Dodderidge Winch and Bromley declared their Opinions that this Statute is discontinued and that the statute of Subsidy is a Parliament and that every Parliament is a Session but not e converso for one Parliament may have divers Sessions as the Parliament 1 Jac. had four and ended 7 Jac. vide 33. H. 6. Bro. Parl. 86. and that this Proviso is not to any other purpose but to continue their proceedings in the same estate as if this Act had not been made and if this Proviso had not been then this statute had been discontinued by this Act of subsidy but when this ends and is determined then is the Session ended then it is a session scil a Parliament which ought to be pleaded at the Parliament holden c. and all the Commissions of subsidy are accordingly and the proviso call it a session Then this being done the Lord Chief Baron did not deliver any Opinion for he said that he had not considered the statute and afterwards it was desired that the Lords would deliver their Opinions and thereupon the Lord Hobart declared his Opinion accordingly That it seemed to him that it was a Session and that it was not safe to meddle with such Law and that he would never refuse to declare his Opinion with his Brethren After the Lord Chief Justice Ley made a long discourse concerning the purpose and intent of Parliament Scilicet That it was not their purpose to destroy so good Laws and therefore it was not any such Session as was within the intent of the preceding Parliament which was that these should determine when it is a Parliament or Session in which good Laws are made And Doderidge said that it was fit to see the Commission and that that which hath been said was not to bind any one but every one spoke what then he was advised of and peradventure might change upon better consideration And afterwards upon Tuesday on an Assembly of the two Chief Justices the Chief Baron Justice Haughtom Baron Denham Hutton Chamberlain and Jones the Attorney General brought the Commission de 12 Eliz. June 1. and that had these words Pro eo quod nullus Regalis assensus nec responsio per nos Praestat fuit nullum Parliamentum nec aliqua Sessio Parliamenti lata aut tent fuit They have power to adjourn this Parliament thus begun and the Commission to Dissolve this Parliament 28 Feb. Anno. 19 Jac. had the same words saving that he recite that he had given his Royal assent to an Act of Subsidy by which was intended that it should not be a Session and upon view of the Commission the Lord Chief Justice moved that the King was mistaken in this that he had given Power to
Dissolve this Parliament which had not any Session and if it be a Session then he had no power to Dissolve it and then it is as it were a recess and a Parliament cannot be discontinued or dissolved but by matter of Record and that by the King alone and if the Parliament yet continue then this Statute also continue during the Parliament by the Proviso but that would not serve For first it is against the intent of the King and against his Proclamation And also the Case is truly put in the Commission as to the matter in Fact and he is not misinformed but mistaken in the Law and then the Commission for the Dissolving is good semblable to the Lord Chandois Case and other Cases vide in Cholmley's Case but because that all the Judges were not at this Conference therefore it was deferred until the next term and in the interim the Grand Secretary and the Attorney General were to inform the King that the Statute is obscure and had not been put in ure and that we could not agree si divers Sessions sont in vn mesme Parlement le Roy ne signe bille tanque al darren la tout nest que un mesme jour tent avera relation al primer jour del primer Session le primer jour le darren jour nest que un mesme Parlement un mesme jour in ley nisi special mention soit fait in Pact quant ceo prendra force mes chescun Session in que le Roy signe les Billes est un jour a per lui un Parlement a per luy navera auter relation mes a mesme le Session quod not a diversitatem 33. H. 8. Bro. Tit. Parl. Fol. 119. b. num 86. That is in English if there be divers Sessions in one and the same Parliament and the King Signeth no Bill until the last day there all is but one and the same day and all shall have relation to the first day of the first Session and the first day and the last day is but one and the same Parliament and one and the same day in Law unless there be special mention made in the Act when that shall take its force but every Session wherein the King Signeth any Bills is a day by it self and a Parliament by it self and shall have no other relation but to the same Session wherein note the diversity 33. H. 8. When a Parliament is called and doth sit and is Dissolved without any Act of Parliament passed or Judgment given it is no Session of Parliament but a Convention Coke 4. Inst fo 28. vide also 2. Bulstr fo 237. In Hobart's Rep. p. 78. It is St. John's Case there was an Action brought on the Statute 21. H. 6. for not returning one Burgess c. And there it is said the Parliament was as none because there was no Act nor Record of it And in p. 111. Hobart says the 12 Jacobi which if you be judged by the Journal was a large and well occupied Parliament because no Act Passed nor Record is of it was resolved by all the Judges to be no Parliament And now we are come to the Parliament begun and holden at Westminster the 19 of February in the 21 Year of King James which was there continued until the 29 day of May following and then Prorogued to the second day of November Anno 1624. and there in the 28 Chapter is an Act Intituled An Act for continuing and reviving of divers Statutes and Repeal of divers others wherein are these words viz. And so much of one Act made in the 35 Year of the Reign of the said late Q. Elizabeth Intituled An Act to retain the Queens Majesties Subjects in their due Obedience as hath not been sithence Repealed by any other Statute and the other 57 Statutes which are there mentioned shall by vertue of this Act be judged ever since the Session of Parliament in the 7th Year of His Majesties Reign of England to have been of such force and effect as the same were the last day of that Session and from thenceforth until the end of the first Session of the next Parliament Well in the next Parliament begun and holden at Westminster the 18 day of June Anno 1625. in the first Year of King Charlis the I. and there continued until the 11th day of July following and then Adjourned until the first day of August following unto Oxford several Acts Passed and by a special Bill then Past It was Enacted as followeth it is the 7th Chapter in Keeble viz. And all Statutes and Acts of Parliament which are to have continuance unto the end of this present Session shall be of full force after the said Adjournment until this present Session be fully ended and determined and if this Session shall determine by Dissolution of this present Parliament then all the Acts aforesaid shall be continued until the end of the first Session of the next Parliament At the next Parliament begun and holden at Westminster the 17th day of March Anno 1627. in the 3d Year of King Charles the I. there is an Act in the Fourth Chapter Intituled An Act for repeal and continuance of divers Statutes among which in the 21 Section this 35 Eliz. is mentioned thus viz. And so much of one Act made in tho 35 Year of the Reign of the late Q. Eliz. Intituled an Act to retain the Queens Majesties Subjects in their due Obedience as hath not been since Repealed by any other Statute and in the 22d Section it Enacts that this 35 of Eliz by vertue of this Act shall be and continue until the end of the first Session of the next Parliament holden in the first Year of the Reign of our Sovereign Lord the King that now is From that 3d Year unto the 16 there is no mention made as the Observer has truly Remark'd of any thing relating to the 35. Eliz. But in the 16 at the Parliament begun at Westminster the 3d day of November Anno 1640. c. 4. it is Enacted as followeth viz. And be it Enacted by the Authority aforesaid that the Passing of this present Act or of any other Act or Acts or His Majesties Royal Assent to them or any of them in this present Session of Parliament shall not be any determination of the said Session and that all Statutes and Acts of Parliament which have their continuance or were by an Act of Parliament made in the 3d Year of the Reign of His Majestie that now is Intituled An Act for the Continuance and Repeal of divers Statutes continued until the end of the first Session of the then next Parliament shall by virtue of this Act be adjudged ever since the Session of Parliament in the said Third Year to have been of such force and effect as the same were the last day of that Session and from thenceforth until some other Act
of Parliament be made touching the continuance or discontinuance of the said Statutes and Acts in the said Act of the Third Year of His Majesties Reign continued as aforesaid And from this Statute we find nothing of the 35 Eliz. cap. 1. till we come to the 16 of his now Majesty and that Act I have recited here at large as followeth Viz. An Act to Suppress Seditious Conventicles VVHEREAS an Act made in the 35th Year of the Reign of our late Sovereign Lady the Queen Elizabeth Entituled An Act to retain the Queens Majesties Subjects in their due Obedience hath not been put in Execution by reason of some doubt of late made whether the said Act be still in force although it be very clear and evident and it is hereby declared that the said Act is still in force and ought to be put in due execution 2. For providing therefore of further and more speedy Remedies against the growing and dangerous practices of seditious Sectaries and other disloyal persons who under pretence of Tender Consciences do at their Meetings contrive Insurrections as late Experience hath shewed 3. Be it 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 Authority of the same That if any person of the Age of 16 Years or upwards being a Subject of this Realm at any time after the first day of July which shall be in the Year of our Lord 1664 shall be present at any Assembly Conventicle or Meeting under colour or pretence of any Exercise of Religion in other manner than is allowed by the Liturgy or Practice of the Church of England in any place within the Kingdom of England Dominion of Wales and Town of Berwick upon Tweed at which Conventicle Meeting or Assembly there shall be Five Persons or more assembled together over and above those of the same Houshold then it shall and may be lawful to and for any two Justices of the Peace of the County Limit Division or Liberty wherein the Offence aforesaid shall be committed or for the chief Magistrate of the place where such Offence aforesaid shall be committed if it be within a Corporation where there are not two Justices of the Peace and they are hereby required and enjoyned upon proof to them or him respectively made of such Offence either by Confession of the Party or Oath of Witness or notorious Evidence of the Fact which Oath the said Justices of the Peace and chief Magistrate respectively are hereby impowered and required to administer to make a Record of every such Offence and Offences under 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 Justices and chief Magistrate respectively shall commit every such Offender so convicted as aforesaid to the Gaol or House of Correction there to remain without Bail or Mainprise for any time not exceeding the space of three Moneths unless such Offender shall pay down to the Justices or chief Magistrate such Summ of Money not exceeding 5 l. as the said Justices or chief Magistrate who are hereby thereunto authorized and required shall fine the said Offender at for his or her said Offence which Money shall be paid to the Churchwardens for the relief of the Poor of the Parish where such Offender did last inhabit 4. 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 contrary to this Act and be thereof in manner aforesaid convicted then such Offender so convict of such second Offence shall incurr the penalty of Imprisonment in the Gaol or House of Correction for any time not exceeding six Moneths without Bail or Mainprise unless such Offender shall pay down to the said Justices or chief Magistrate such Summ of Money not exceeding 10 l. as the said Justices or chief Magistrate who are thereunto authorized and required as aforesaid shall fine the said Offender at for his or her said second Offence the said Fine to be disposed in manner aforesaid 5. And be it further enacted by the Authority aforesaid That if any such Offender so convict of a second offence contrary to this Act in manner aforesaid shall at any time again commit the like offence contrary to this Act then any two Justices of the Peace and chief Magistrate as aforesaid respectively shall commit every such Offender to the Gaol or House of Correction there to remain without Bail or Mainprise untill the next General Quarter Sessions Assizes Gaol-delivery Great Sessions or Sitting of any Commission of Oyer and Terminer in the respective County Limit Division or Liberty which shall first happen when and where every such Offender shall be proceeded against by Indictment for such Offence and shall forthwith be arraigned upon such Indictment and shall then plead the General Issue of Not Guilty and give any special matter in Evidence or confess the Indictment And if such Offender proceeded against shall be lawfully convict of such Offence either by Confession or Verdict or if such Offender shall refuse to plead the General Issue or to confess the Indictment then the respective Justices of the Peace at their General Quarter Sessions Judges of Assize and Gaol-delivery at the Assizes and Gaol-delivery Justices of the Great Sessions at the Great Sessions and Commissoners of Oyer and Terminer at their Sitting are hereby enabled and required to cause Judgment to be entered against such Offender that such Offender shall be transported beyond the Seas to any of His Majesty's Forein Plantations Virginia and New Engl. only excepted there to remain seven Years and shall forthwith under their Hands and Seals make out Warrants to the Sheriff or Sheriffs of the same County where such Conviction or Refusal to plead or to confess as aforesaid shall be safely to convey such Offender to some Port or Haven nearest or most commodious to be appointed by them respectively and from thence to embarque such Offender to be safely transported to any of His Majesty's Plantations beyond the Seas as shall be also by them respectively appointed Virginia and New England onely excepted Whereupon the said Sheriff shall safely convey and embarque or cause to be conveyed or embarqued such Offender to be transported as aforesaid under pain of forfeiting for default of so transporting every such Offender the Summ of 40 l. of lawful Money the one moiety thereof to the King and the other moiety to him or them that shall sue for the same in any of the Kings Courts of Record by Bill Plaint Action of Debt or Information in any of which no Wager of Law Essoin or Protection shall be admitted And the said respective Court shall
to his Warrants it being a try'd Case at Bury Assizes in Suffolk 1678. or 1679. before the L. C. J. Scroggs where no more was recorded although the Warrants were for some hundreds of pounds 7. Whether it be not positively against the Statute for the Observation of the Lords Day by which it is expresly Enacted That no Warrants shall be served upon that Day but in Cases of Treason Felony or Breach of the Peace to serve a Warrant upon a Religious Meeting This being the State of the Dissenters Case there nothing remains behind but for that most Sacred and Heavenly vertue Charity to give up a true determination accroding to the Precepts of Scripture Reason and Morality and the Rules of Christian Government Although I cannot think but that most men are satisfied that the Act of the 35 of Eliz. is expired yet I thought it might not be amiss to subjoin hereunto the said Act at large with all other Statutes made since that Act that have any Reference to it there have been so many solid Arguments given by men understanding in the Law to prove the expiration of it that I shall not adventure to say any thing after them The most material Act upon which Dissenters are likely to be prosecuted is that of the 22 of his present Majesty which hath been the Subject of most of the preceding Discourse therefore I have also inserted that at laage VESTIGIA VERITATIS c. An Act to retain the Queens Majesties Subjects in their due obedience FOr the preventing and avoiding of such great inconveniences and perils as might happen and grow by the wicked and dangerous practices of Seditious Sectaries and disloyal persons Be it enacted by the Queens most excellent Majesty and by the Lords Spiritual and Temporal and the Commons in this present Parliament assembled and by the authority of the same That if any person or persons above the age of 16 years which shall obstinately refuse to repair to some Church Chappel or usual place of Common-Prayer to hear Divine Service established by her Majesties Laws and Statutes in that behalf made and shall forbear to do the same by the space of a Month next after without lawful Cause shall at any time after 40 days next after the end of this Session of Parliament by Printing Writing or Express Words or Speeches advisedly and purposely practise or go about to move or persuade any of her Majesties Subjects or any other within her Highness Realms or Dominions to deny withstand and impugn her Majesties Power and Authority in Causes Ecclesiastical united and annexed to the Imperial Crown of this Realm or to that end or purpose shall advisedly or maliciously move or persuade any other Person whatsoever to forbear or abstain from coming to Church to hear Divine Service or to receive the Communion according to her Majesties Laws and Statutes aforesaid or to come to or to be present at any unlawful Assemblies Conventicles or Meetings under colour or pretence of any Exercise of Religion contrary to her Majesties said Laws and Statutes or if any person or persons which shall obstinately refuse to repair to some Church Chappel or usual place of Common Prayer and shall forbear by the space of a Month to hear Divine Service as is aforesaid shall after the said forty days either of him or themselves or by the motion persuasion entertainment or allurement of any other willingly joyn in or be present at any such Assemblies Conventicles or Meetings under colour or pretence of any such Exercise of Religion contrary to the Laws and Statutes of this Realm as is aforesaid That then every such person so offending as aforesaid and being thereof lawfully convicted shall be committed to prison there to remain without Bayl or Mainprise until they shall conform and yield themselves to come to some Church Chappel or usual place of Common Prayer and hear Divine Service according to her Majesties Laws and Statutes aforesaid and to make such open Submission and Declaration of their said Conformity as hereafter in this Act is declared and appointed Provided always and be it further enacted by the authority aforesaid that if any such person or persons which shall offend against this Act as aforesaid shall not within three Months next after they shall be convicted for their said offence conform themselves to the obedience of the Laws and Statutes of this Realm in coming to the Church to hear Divine Service and in making such Publick Confession and Submission as hereafter in this Act is appointed and expressed being thereunto required by the Bishop of the Diocess or any Justice of the Peace of the County where the same person shall happen to be or by the Minister or Curate of the Parish that in every such case every such offender being thereunto warned required by any Justice of the Peace of the same County where such Offenders shall then be shall upon his and their corporal Oath before the Justices of the Peace in the open Quarter Sessions of the same County or at the Assizes and Gaol-delivery of the same County before the Justices of the same Assises and Gaol delivery Abjure this Realm of England and all other the Queens Majesties Dominions for ever unless her Majesty shall licence the party to return And thereupon shall depart out of this Realm at such Haven or Port and within such time as shall in that behalf be assigned and appointed by the said Justices before whom such abjuration shall be made unless the same offender be letted or stayed by such lawful and reasonable means or causes as by the Common Laws of this Realm are permitted and allowed in cases of abjuration for Felony And in such Cases of let or stay then within such reasonable and convenient time after as the Common Law requireth in case of abjuration for felony as is aforesaid And that the Justices of Peace before whom any such abjuration shall happen to be made as is aforesaid shall cause the same presently to be entred of Record before them and shall certifie the same to the Justices of Assises and Gaol delivery of the said County at the next Assises or Gaol-delivery to be holden in the same County And if any such offenders which by the tenour and intent of this Act is to be abjured as is aforesaid shall refuse to make such abjuration as is aforesaid or after such abjuration made shall not go to such Haven and within such time as is before appointed and from thence depart out of this Realm according to this present Act or after such his departure shall return or come again into any her Majesties Realms or Dominions without her Majesties special licence in that behalf first had and obtained That then in every such Case the person so offending shall be adjudged a Felon and shall suffer as in case of Felony without benefit of Clergy And furthermore be it enacted by the Authority of this present
acquit him or them from such punishment any thing herein to the contrary notwithstanding 21. Provided always That every person convicted as aforesaid in Courts aforesaid other then his Majesties Courts of Kings-Bench or before the Justices of Assize or General Goal-delivery shall by Warrant containing a Certificate of such Conviction under the Hand and Seal of the respective Judg or Judges before whom such Conviction shall be had be sent to some one of his Majesties Goals in the same County where such Conviction was had there to remain without Bail or Mainprize untill the next Assizes or General-Goal-Delivery where if such person so convicted shall refuse to take the Oath aforesaid being tendered unto him by the â—ustice or Justices of Assize or Goal-delivery then such Justice or Justices shall cause Judgment of Transportation to be executed in such manner as judgment of Transportation by this Act is to be executed But in case such person shall take the said Oath then he shall thereupon be discharged 22. Provided always and be it Enacted by the Authority aforesaid That if any Peer of this Realm shall offend against this Act he shall pay 10 l. for the first offence and 20 l. for the second offence to be levied upon his Goods and Chattels by Warrant from any two Justices of the Peace or chief Magistrate of the place or Division where such Peer shall dwell and that every Peer for the third and every further Offence against the Tenour of this Act shall be tried by his Peers and not otherwise 23. Provided also and be it further Enacted by the Authority aforsaid That this Act shall continue in force for three years after the end of this present Session of Parliament and from thence forward to the end of the next Session of Parliament after the said three years and no longer Since this was finished I found in the London Gazette Published Thursday April 21. 1681. this Paragraph viz. To undeceive the Kings Loyal Subjects who may be misled into Error by a Pamphlet called The History of the Life and Death of 35 Eliz. These are to inform them that that Act amongst others was continued 1 Jac. until the end of the first Session of the next Parliament There were four Sessions in that Parliament the last whereof ended 7 Jac. but the Act was to continue to the first Session of the next Parliament and though every Session to some purposes be as a several Parliament yet it is no such Parliament which can have a first Session and is never in Acts of Parliament stiled the next Parliament The next Parliament summoned was 12 Jac. but because nothing was done therein it was held no Parliament Then a Parliament was summoned 18 Jac. wherein passed only Subsidies Granted by the Spiritualty and Temporalty Hence a question arose 20 Jac. whether 35 Eliz. was not discontinued upon this ground that 18 Jac. was a Session by passing the Subsidy Act which being referr'd to all the Judges nine of them were of Opinion 35 Eliz. with the other Laws continued 1 Jac. were thereby discontinued To prevent which mischief The Parliament 21 Jac. not only revives 35 Eliz. and those other Laws in all 58. but Enacts that they shall be ad udged ever since the Session of Parliament 7 Jac. to have been of such Force and Effect as the same were the last day of that Session And 't is undoubted they all were then in force by Virtue of 1 Jac. and the latter continuance run clear without the aid of the Declaratory Law of 16 Car. 2. And though this Conventicle Act of 16 Car. 2. be expired yet there is another of greater Force 22 of the King yet in being And having therein mentioned the Act of the 22 of his Present Majesty I thought I could not justly acquit my self of what I had undertaken viz. impartially and fully to let down all that might any ways have Relation to this 35. Eliz. c. 1. without giving you that Statute at Large whereby the Judicious Reader may fee how far it proves the 35 Eliz. still to be in force An Act to Prevent and Suppress Seditious Conventicles FOR providing further and more speedy remedies against the growing and dangerous practises 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 shown 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 16 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 then according to the Liturgy and practise 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 lawfull 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 which Oath the said Justice and Justices of the Peace and chief Magistrate respectively are hereby impowred and required 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 5 s. 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