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
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
like offence or offences shall for every such offence incur the penalty of 10 s. 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 then be 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 or any one person in case of the poverty of other Offenders amount not in the whole to above the Sum of 10 l. upon occasion of any one meeting as aforesaid and every Constable Headborough Tythingman Church-wardens and Overseers of the Poor respectively are hereby authorised 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 the said Moneys 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 Kings Majesty his Heirs and Succssors 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 the 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 fufficient 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 tho other And no Justice shall or may be questioned or accomptable for the same in the Exchequer or else where then in Quarter Sessions And other 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 20 l. to be levied in manner aforesaid upon his Goods and Chattels And if the said Preacher or Teacher so Convicted be a stranger and his Name and Habitation not known or 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 impowred and required to levy the same by Warrant as aforesaid upon the Goods and 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 And if such Offendor 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 convicted of such like offence or offences shall for every such offence incurr the penalty of 40 l. to be levied and disposed as aforesaid 4. And be it further Enacted by the Authority aforesaid That every person who shall wittingly and willingly suffer any such Conventicle Meeting or unlawful Assembly aforesaid to be held in his or her House Outhouse Barn Yard or Backside and be convicted thereof in manner aforesaid shall forseit 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 povetry or inability as aforesaid upon the Goods and Chattels of such persous who shall be convicted in manner aforesaid 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 10 l. for any one Meeting in regard of the Poverty of any other person or persons 6. Provided also And be it further Enacted That in all Cases of this Act where the Penalty or sum charged upon any Offender exceed the sum of 10 s. and such Offender shall find himself agrieved it shall and may be lawfull for him within one week after the said penalty or money charged shall be paid or levied to appeals in writing from the person or persons convicted to the Judgment of the Justices of the Peace in their next Quarter Sessions 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 whereupon such Offendor may plead and make defence and have his Tryal by a Jury thereupon And in cafe such Appellant shall not prosecute with effect or if upon such Tryal 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 again such Offendor for his unjust Appeal And no other Court whatsoever shall intermedle with any Cause or Causes of Appeal upon this Act but they shall be finally determined in the Quarter Sessions only 7. Provided always 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 present the said Appeal with effect which said Recognizance the person or persons convicting is hereby impowred to take and required to certifie the same to the next Quarter Sessions and in case no such Recognizance be entred into the said Appeal to be null and void 8. Provided always 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 Head-boroughs 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 denyal to enter break open and enter into
any house or other place where they shall be informed any such Conventicle as aforesaid is or shall be held as well within 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 â—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
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
prevent all such unlawful Meetings and take into their Custody such of those persons so unlawfully Assembled as they shall judg to be the Leaders and Seducers of the rest and such others as they shall think fit to be proceeded against according to Law for such their Offences 11. And be it Enacted by the Authority aforesaid That every person who shall wittingly and willingly suffer any such Conveticle unlawful Assembly or Meeting aforesaid to be held in his or her House Out-house Barn or Room Yard or Backside Woods or Grounds shall incur the same Penalties and Forfeitures as any other Offendor against this Act ought to incur and be proceeded against in all points in such manner as any other Offendor against this Act ought to be proceeded agianst 12. Provided also and be it Enacted by the Authhrity aforesaid That if any Keeper of any Goal or House of Correction shall suffer any person committed to his Custody for any Ossence against this Act to go at Large contrary to the Warrant of his Commitments according to this Act or shall permit any Person who is at Large to joyn with any Person Committed to his Custody by vertue of this Act in the exercise of Religion disfering from the Rites of the Church of England Then every such Keeper of a Goal or House of Correction shall for every such Offence forfeit the sum of 10. l. to be levied raised and disposed by such persons and in such manner as the Penalties for the first and second Offences against this Act are to be Levied Raised and disposed 13. Provided always That no person shall be punished for any Offence against this Act unless such Offendor be prosecuted 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 14. Provided also and be it Enacted That Judgment of Transportation shall not be given against any Feme Covert unless her Husband be at the same time under the like Judgment and not discharged by the payment of money as aforesaid but that instead thereof she shall by the respective Court be committed to the Goal or House of Correction there to remain without Bail or Mainprize for any time not exceeding 12 Months unless her Husband shall pay down such sum not exceeding 40 l. to redeem her from imprisonment as shall be imposed by the said Court the said sum to be disposed by such persons and in such manner as the Penalties for the first and second Offence against this Act are to be disposed 15. Provided also and be it Enacted by the Authority aforesaid That the Justices of the Peace and Chief Magistrate respectively impowered as aforesaid to put this Act in Execution shall and may with what Aid Force and Assistance they shall think fit for the better Execution of this Act after refusal or denial enter into any House or other place where they shall be informed any such Conventicle as aforesaid is or shall be held 16. Provided That no Dwelling-house of any Peer of this Realm whilest he or his Wife shall be there Resident shall be searched by vertue of this Act but by immediate Warrant from his Majesty under his Sign Manual or in the prefence of the Lieutenant or one of the Deputy-Lieutenants or two Justices of the Peace whereof one to be of the Quorum of the same County or Riding nor shall any other Dwelling-house of any Peer or other person whatsoever be entered into with Force by vertue of this Act but in the presence of one Justice of the Peace or chief Magistrate respectively except within the City of London where it shall be lawful for any such other Dwelling-house to be entred into as aforesaid in the presence of one Justice of the Peace Alderman Deputy-Alderman or any one Commissoner for the Lieutenancy for the City of London 17. Provided also and be it Enacted by the Authority aforesaid That no person shall by vertue of this Act be committed to the House of Correction that shall satisfie the said Justices of the Peace or chief Magistrate respectively that he or she and in case of a Feme Covert that her Husband hath an Estate of Free-hold or Copy-hold to the value of 5 l. per Annum or personal Estate to the value of 50 l. any thing in this Act to the contrary notwithstanding 18. And in regard a certain Sect called Quakers and other Sectaries are found not only to offend in the matters provided against by this Act but also obstruct the proceedings of Justice by their obstinate refusal to take Oaths lawfully tendered unto them in the ordinary Course of Law Therefore be it further Enacted by the Authority aforesaid that if any person or persons being duly and legally served with Process or other Summons to appear in any Court of Record except Court-Leets as a Witness or returned to serve of any Jury or ordered to be examined upon Interrogatories or being present in Court shall refuse to take any Judicial Oath legally tendered to him by the Judg or Judges of the same Court having no legal Plea to Justifie or excuse the refusal of the same Oath or if any Person or Persons being duly served with Process to answer any Bill exhibited against him or them in any Court of Equity or any Suit in any Court Ecclesiastical shall refuse to answer such Bill or Suit upon his or their corporal Oath in cases where the Law requires such Answer to be put in upon Oath or being summoned to be a Witness in any such Court or ordered to be examined upon Interrogatiories shall for any Cause or Reason not allowed by Law refuse to take such Oath as in such Cases is required by Law That then and in such Case the several and respective Courts wherein such refusal shall be made shall be and are hereby enabled to Record Enter or Register such refusal which Record or Entry shall be and is hereby made a Conviction of such Offence and all and every person and persons so aforesaid offending shall for every such Offence incur the judgment and punishment of Transportation in such manner as is appointed by this Act for other Offences 19. Provided always That if any person or persons aforesaid shall come into such Court and take his or their Oath in these words I do swear that I do not hold the taking of an Oath to be unlawful nor refuse to take an Oath on that Account 20. Which Oath the respective Court or Courts aforesaid are hereby Authorized and required forthwith to tender administer and Register before the Entry of the Conviction aforesaid or shall take such Oath before some Justice of the Peace who is hereby Authorized and required to Administer the same to be returned into such Court such Oath so made shall