perfect Conviction of every such Offender for such Offence and thereupon the said Iustice Iustices and chief Magistrate respectively shall impose on every such Offender so convict as aforesaid a Fine of Five shillings for such first offence which Record and Conviction shall be certified by the said Iustice Iustices or chief Magistrate at the next Quarter Sessions of the Peace for the County or place where the Offence was committed And be it farther Enacted by the Authority aforesaid That if such Offender so Convicted as aforesaid shall at any time again commit the like Offence or Offences contrary to this Act and be thereof in manner aforesaid Convicted Then such Offender so convict of such like offence or offences shall for every such offence incur the Penalty of Ten Shillings which Fine and Fines for the first and every other offence shall be levied by Distress and sale of the Offenders Goods and Chattels or in case of the Poverty of such Offender upon the Goods and Chattels of any other person or persons who shall be then convicted in manner aforesaid of the like Offence at the same Conventicle at the discretion of the said Iustice Iustices or chief Magistrate respectively so as the Sum to be levied on any one person in case of the poverty of other Offenders amount not in the whole to above the Sum of Ten pounds upon occasion of any one Meeting as aforesaid And every Constable Head-borough Tythingman Church-wardens and Overseers of the Poor respectively are hereby Authorized and reauired to levy the same accordingly having first received a Warrant under the hands of the sald Iustice Iustices or thief Magistrate respectively so to do the said moneys so to be levied to be forthwith delivered to the same Iustice Iustices 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 Successours to be paid to the High Sherift of the County for the time being in manner following That is to say The Iustice or Iustices of Peace shall pay the same into the Court of the respective Quarter Sessions which said Court shall deliver the same to the Sheriff and make a Memorial on Record of the payment and delivery thereof which said Memorial shall be a sufficient and final Discharge to the said Iustice and Iustices and a Charge to the Sheriff which said Discharge and Charge shall be certified into the Exchequer together and not one without the other And no Iustice shall or may be questioned or accountable for the same in the Exchequer or elsewhere than in Quarter Sessions Another third part thereof to and for the use of the Poor of the Parish where such Offence shall be committed And the other third part thereof to the Informer and Informers and to such person and persons as the said Iustice Iustices or chief Magistrate respectively shall appoint having regard to their diligence and industry in the discovery dispersing and punishing of the said Conventicles And be it farther Enacted by the Authority aforesaid That every person who shall take upon him to Preach or Teach in any such Meeting Assembly or Conventicle and shall thereof be Convicted as aforesaid shall forfeit for every such first Offence the Sum of Twenty pounds 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 add cannot be found or in the Iudgment of the Iustice Iustices or chief Magistrate before whom he shall be Convicted shall be thought unable to pay the same the said Iustice Iustices or chief Magistrate respectively are hereby Impowered 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 Offender so Convicted as aforesaid shall at any time again commit the like Offence or Offences contrary to this Act and be thereof Convicted in manner aforesaid then such Offender so Convicted of such like Offence or Offences shall for every such Offence incur the Penalty of Forty pounds to be levied and disposed as aforesaid And be it farther Enacted by the Authority aforesaid That every person who shall wittingly and willingly suffer any such Conventicle Meeting or unlawfull Assembly aforesaid to be held in his or her House Out-house Barn Yard or Backside and be Convicted thereof in manner aforesaid shall forfeit the Sum of Twenty pounds to be levied in manner aforesaid upon his or her Goods and Chattels or in case of his or her poverty or inability as aforesaid upon the Goods and Chattels of such persons who shall be Convicted in manner aforesaid of being present at the same Conventicle and the Money so levied to be disposed of in manner aforesaid Provided alwaies and be it Enacted by the Authority aforesaid That no person shall by any Clause of this Act be liable to pay above Ten pounds for any one Meeting in regard of the poverty of any other person or persons Provided also and be it farther Enacted That in all cases of this Act where the Penalty or Sum charged upon any Offender exceeds the Sum of Ten shillings and such Offender shall find himself agrieved it shall and may be lawfull for him within one week after the said Penalty or Maney charged shall be paid or levied to Appeal in writing from the person or persons Convicting to the Iudgment of the Iustices of the Peace in their next Quarter Sessions to whom the Iustice or Iustices of Peace Chief Magistrate or Alderman that first convicted such Offender 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 Offender may Plead and make Defence and have his Tryal by a Iury thereupon And in case such Appellant shall not Prosecute with effect or if upon such Tryal he shall not be acquitted or Iudgment pass not for him upon his said Appeal the said Iustices at the Sessions shall give treble costs against such Offender for his unjust Appeal And no other Court whatsoever shall intermeddle with any Cause or Causes of Appeal upon this Act but they shall be finally determined in the Quarter Sessions onely Provided alwaies and be it farther Enacted That upon the delivery of such Appeal as aforesaid the person or persons Appellant shall enter before the person or persons convicting into a Recognizance to prosecute the said Appeal with effect Which said Recognizance the person or persons Convicting is hereby Impowered 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 Provided alwaies That every such Appeal shall be left with the person or persons so convicting as aforesaid at the time of the making thereof And be it farther Enacted by the Authority aforesaid That the Iustice Iustices of the Peace and chief Magistrate respectively or the respective Constables Headboroughs and Tything-men by Warrant from the said Iustice Iustices or chief Magistrare respectively shall and may with what aid force and assistance they shall think fit for the better Execution of this Act after refusal or denial to enter break open and enter into any house or other place where they shall be informed any such Conventicle as aforesaid is or shall be held as well within Liberries 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-Lieutenants or any Commissionated Officer of the Militia or other of his Majesties Forces with such Troops or Companies of Horse and Foot And also the Sheriffs and other Magistrates and Ministers of Iustice 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 Iustice of the Peace or chief Magistrate of his particular Information or Knowledge of such unlawfull 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 unlawfull Meetings and take into their Custsdy 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. Provided always That no Dwelling-house of any Peer of this Realm where he or his Wife shall be then resident shall be searched by virtue of this Act but by immediate Warrant from His Majesty under His Sign Manual or in the presence of the Lieutenant or one Deputy-Lieutenant or two Iustices of the Peace whereof one to be of the Quorum of the same County or Riding And be it farther Enacted by the Authority aforesaid That if any Constable Head-borough Tything-man Church-warden or Overseer of the Poor who shall know or be credibly informed of any such Meetings or Conventicles held within his Precincts Parish or Limits and shall not give Information thereof to some Iustice of the Peace or the chief Magistrate and endeavour the Conviction of the Parties according to his Duty but such Constable Head-borough Tything-man Church-warden Overseers of the Poor or any person lawfully called in and of the Constable Head-borough or Tything-man shall willfully and wittingly omit the performance of his Duty in the Execution of this Act and he thereof Convicted in manner aforesaid he shall forfeit for every such Offence the sum of five pounds to de levied upon his Goods and Chattels and disposed in manner aforesaid And that if any Iustice 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 One hundred pounds the one moiety to the use of his Majesty the other 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 And be it farther Enacted by the Authority aforesaid That if any person be at any time Sued for putting in Execution any of the Powers 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 Evidente and if the Plaintiff be Non-suit or a Verdict pass for the Defendant or if the Plaintiff discontinue his Action or if upon Demurrer Iudgment be given for the Defendant every such Defendant shall have his full treble Costs And be it farther 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 Iustification and Encouragement of all persons to be imployed in the Execution thereof And that no Record Warrant or Mittimus to be made by virtue 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 Iustice of the Peace or chief Magistrate before whom he shall be convicted as aforesaid shall certifie the same under his hand and seal to any Iustice of Peace or chief Magistrate of such other County or Corporation wherein the said person or persons are Inhabitants or are fled into whith said Iustice 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 sully as the said other Iustice of Peace might have done in case he or they had been Inhabitants in the place where the Offence was committed Provided also That no person shall be punished for any Offence against this Act unless such Offender be prosecuted for the same within Three months after the offence committed And that no person who shall be punished for any offence by virtue of this Act shall be punished for the same offence by virtue of any other Act or Law whatsoever Provided and be it farther Enacted by the Authority aforesaid That every Alderman of London for the time being within the City of London and the Liverties thereof shall have and they and every of them are hereby Impowered and Required to Execute the same Power and Authority within London and the Liberries thereof for the Examining Convicting and Punishing of all offences within this Act committed within London and the Liberries thereof which any Iustice 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 Iustice of Peace in any County of England 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 Penalties of Five shillings and Ten shillings so as aforesaid incurred shall be levied by Warrant as aforesaid upon the Goods and
Wife is resident such House may be searched by virtue of this Act and broken open too for the dispersing such Meetings for the words are shall he resident at such time If a Conventicle be held in any Barn Stable or other like of a Peer's not being parcel of his dwelling House such place may be searched though the same be in the possession of a Peer And notwithstanding this Clause a Conviction may be made of such a Meeting that has been held in the dwelling House of a Peer though he be resident in it and such Peer incurrs the Penalty of this Act as Owner of the House permitting the same See above on the 4th Section Except in the presence of c. Such dwelling House feems not searchable by any Corporation Justice he not being named in this exception but a Lieutenant or Deputy Lieutenant of such County may search such a House upon the Information of a Justice of the Peace though he be no Justice himself nor of the same Riding SECT 11. BE it farther Enacted that if any Constable c. This Clause extends to his not executing any Warrant for levying the Penalties of this Act by distress as well as to his not informing some Justice of a Conventicle whereof he knows so if he inform not some Justice thereof when he conveniently may till the Meeting be over and so they could not be suppressed nor the Persons so well known in order to the making of a Conviction If a Constable c. keep or suffer a Conventicle in his House he forfeits the Penalty of 20 l. for so doing and 5 l. for not informing a Justice thereof the like if he be present at any Meeting and not in order to detect it he may be punished for being so present and sued for the 5 l. also for they are several Offences Credibly informed c. such Information as another gives him of his sight of sundry Persons going to an House suspected or generally used for such purposes at such times as usual c. is sufficient information to oblige the Constable to acquaint the Justice for a less information here will serve him than a Justice of the Peace for to make a Conviction the Justice is to have it upon Oath c. the Constable c. is not Judge of the truth of the Fact he is only a Ministerial Officer or Servant in this Case A Constable or Tything Man or the like that gives notice of his Warrant or of a Justices coming to suppress such Meeting is undoubtedly Guilty of this Offence and besides liable to be Indicted at common Law for any such misfeazance or neglect it being contrary to his Oath and Office by the Authority of this Act 't is become the Duty of his Office to which he is sworn any breach whereof is Indictable at common Law and punishable by Fine and Imprisonment and this may be too often necessary in the last Case I mean especially the 5 l. penalty seeming too small for an Offence of such a Nature but note then he cannot or ought not to be punished both ways for 't is but one Offence though when prosecuted as on this Law the Fine is certain as at common Law 't is undetermined If a Constable uses not all Lawfull means to prevent suppress and get Convicted such Meetings as if he breaks not open a door after request to have it opened in execution of a Warrant to levy the penalty by virtue of this Act he is an Offender by this Clause Every Person whatsoever refusing or neglecting to give his Aid being called thereto in execution of this Act forfeits 5 l. especially if such whom the Justice or Constable shall call in do by private notices or otherwise forewarn those Assembled to withdraw for to prevent their being known and by consequence their being Convicted If any Iustice of the Peace or chief Magistrate shall wittingly or wilfully omit the performance of his Duty in the execution of this Act he shall forfeit 100 l. c. This Clause is general omit the performance of his Duty which is by all lawfull ways to get Information and notice of all such Meetings open or clandestine that are held within his Limit Precinct or Jurisdiction every thing which is prohibited by the Law a Justice is bound as a good Officer not only to punish it when discovered but by all convenient means to inform himself if such Offences are committed and such Offences the more secret the more dangerous and therefore every Officers Duty is to detect them to be ready to receive Informations to grant Warrants to Constables to go in Person and endeavour to disperse them when met or prevent their Meeting to imprison those that oppose or resist them to break open Doors if shut against them to secure such Offenders till know their Names and Places of abode in order to make Convictions and of such Convictions to make Records to grant Warrants on them for distresses such Records to certify to the next Sessions and in short to do every thing which this Act Authorizes and requires them to do and in the best and most convenient way that may be for the Attainment of the end of this Law which was the suppression and prevention of Seditious Conventicles a wilfull neglect of any thing this Act impowers such Justice of the Peace to do in order to that end is an Offence within this Clause and incurrs the Penalty of 100 l. Iustice of Peace or thief Magistrate c. It must be intended for or in Relation to Offences committed within their Respective Jurisdictions for this Clause punishes nothing but the omission of what they were impowered or inabled to do by the foregoing part of this Law viz. to a Corporation Justice for what happens within the Corporation c. sic respective although it be here said any Justice or chief Magistrate yet any Justice of the Peace in any Liberty City or Corporation is within this Clause as well as the chief Magistrate of such Liberty City or Corporation for such Justices are bound by the former Clauses to disperse such Meetings and make Conviction of them and by consequence they are here intended Wittingly or wilfully omit for the satisfying of those words either his own knowledge or information is sufficient I do not mean of the Law in the Case for he is bound to take notice of this and all other Acts relating to his Office and a pretence that he knew not he had power or that 't was his Duty will be no excuse but his own knowledge or information of the Fact for if a Justice do not suppress a Conventicle nor make a Conviction thereof he is no Offender provided he have no notice of it but yet if a Justice know a Conventicle to be held in the next House and he do not his Duty he is punishable by this Clause though no Informer came and gave him notice of it If any one
and Insurrections should be punished which is not nor could be the intent of the Statute for in my Apprehension the Statute meant to punish all those that should meet together under pretence of Exercise of Religion though none were actually Exercised for that it is the same or a worse mischief than if there were any Exercise of Religion 7. In other manner than according to the Liturgy and Practice of the Church of England c. What the Liturgy and Practice of the Church of England is appears by the Act of Uniformity of 13 14 Car. 2. cap. 4. which is commonly printed before the Service Book or Book of Common-Prayer so where there is any Exercise of Religion in Publick that is where five or more be met together besides those of the same Houshold there if the Prayers in the Service Book be not used and directions of that Book observed that is an Exercise of Religion in other manner than according to the Liturgy and Practice of the Church of England But it may be Objected that the Service Book hath appointed the Form of Publick Prayers and Administration of the Sacraments c. But hath not appointed any Order to be observed in Preaching and therefore Preaching in a Conventicle cannot be said to be in other manner than according to the Liturgy and Practice of the Church of England there being no manner appointed by the Liturgy for Preaching To To this it is answered that by the 22d Paragraph or Section of the Act of Uniformity it is Enacted That at all and every time and times when any Sermon or Leaure is to he Preached the Common Prayers and Service in and by the said Book viz. the Book of Common-Prayer appointed to be read for that time of the day shall be openly publickly and solemnly read by some Priest or Deacon in the Church Chapel or place of publick Worship where the said Sermon or Lecture is to be Preached before such Sermon or Lecture be Preached and that the Lecturer then to Preach shall be present at the reading thereof So that Preaching in a Conventicle where the Common Prayers appointed to be read for the time of the day are not first solemnly read is an Exercise of Religion in other manner than according to the Liturgy and Practice of the Church of England and an Offence against this Statute 8. In any place within the Kingdom of England c. These words are plain and therefore if there be an Assembly or Meeting in a Church by five Persons or more under pretence of any Exercise of Religion in other manner than according to the Liturgy and Practice of the Church of England the same is a Conventicle within this Act where any one or more present who is of the Age of 16 or upwards and a Subject of this Realm ought to be Convicted But this is not to be understood of Foreigners and Aliens of the Foreign Reformed Churches allowed or to be allowed by His Majesty his Heirs or Successours in England for the Act of Uniformity which this was made to strengthen doth not extend to them as by the Proviso in the 15th Paragraph of that Act appeareth and which Prerogative of allowance to such Foreigners or Aliens Churches is saved to His Majesty by the last Paragraph in this Act. 9. 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 or more are so Assembled as aforesaid then c. Now are we come to a complete definition of a Conventicle within this Act which is where five or more where there is no Houshold are met together under Colour or pretence of any Exercise of Religion in other manner than according to the Liturgy and Practice of the Church of England wherein these things are to be observed 1. That the Person or Persons that are to be punished by this Law for being present at a Conventicle must be of the Age of 16 or upwards and a Subject of this Realm 2. That though the Person to be punished must have these Qualifications yet Aliens or Minors if they are of discretion may make up the number of five to make it a Conventicle within this Law as for Example suppose five are met together in a House besides the Houshold under Colour and pretence of Exercise of Religion in other manner than according to the Liturgy c. and four of those are Aliens and the fifth a Subject of the Age of 16 this is nevertheless a Conventicle though four of the five cannot be punished as being Aliens yet the fifth being a Subject shall be Convicted and punished by this Law for being present at such Conventicle for the Law describes him that is to be Convicted to be of the Age of 16 or upwards and a Subject of this Realm but the Conventicle at which he was present and for which he is Convicted is only to be a Meeting together or an Assembly of five or more Persons whether Aliens or Subjects is all one 3. That where there is a Meeting in a House of five Persons or above besides those of the Houshold and so a Conventicle there those of the same Houshold if present at the Conventicle being of the Age of 16 and Subjects of this Realm may and ought to be Convicted for being at the Conventicle as well as any others I think by the word Houshold both Lodgers and Inmates are included so that there must be five over and above the Houshold and the Lodgers and Inmates as part of the Houshold 4. The Preacher or Teacher in such Conventicles though an Alien or not of the Age of 16 ought to be Convicted See the third Paragraph of this Act. 5. If a Subject of the Age of 16 or upwards be present at the Church or Assembly of Foreigners or Aliens of the Foreign Reformed Churches allowed by His Majesty he is not to be Convicted for being at a Conventicle for seeing the Assembly it self is Lawfull he that is present at it cannot be said to have committed an Offence within this Act. 10. 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 Iustices 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 c. By this Clause are the Magistrates described that have Authority and ought to Convict Offenders for being at Conventicles which are one or more Justices of the Peace of the County that is where there are Justices of the Peace of the whole County as there are in most Counties in England
Limit as in Lincolnshire where there are two Commissions of the Peace one for the parts of Holland and another for the parts of Kesteven Division as in Torkshire where there are three Divisions namely the East-Riding the West-Riding and the North-Riding and a several Commission of the Peace for each of those three Divisions Corporations as London York Bristol and others that are Counties of themselves and wherein the Justices of Peace for the County at large have nothing to do or else such Corporations that continue parcel of the County at large yet have Justices of their own exclusive to the Justices of the Peace of the County where the Corporation is so that the Justices of the County may not intermeddle And lastly Liberties which have Justices of Peace within the Liberty and yet the Justices of the County or Riding where such Liberties have a concurrent Jurisdiction Now if where the Offence happens be such a Liberty that the Justices of the County at large may not intermeddle then the Justice or Justices of Peace of such Liberty are only bound to Convict the Offender but if the Offence happens in a Corporation or Liberty where the Justices of the County have a concurrent Jurisdiction with the Justices of the Liberty there both the Justices of the County as well as the Justices of the Liberty are bound upon Notice to Convict the Offenders Now what if the chief Magistrate and one or more Justices of Peace of the place should jointly Convict Offenders where the Act saith That one or more Iustices of Peace or chief Magistrate is such Conviction good I think it may be good enough however I would not advise it as safe because it seems prejudicial to the Appeals given by this Act for it may fall out that all the Justices and chief Magistrate might Record the first Conviction and the Party grieved would have no Appeal but only to the same Persons who Convicted him which would be inconvenient And yet it seems any Justice or Justices of Peace of the Corporation or Liberty as well as the chief Magistrate of the place may make such Conviction or all together for though the Appeal should happen to be given to the same Persons who made the Conviction yet that takes not away the benefit of such Appeal for besides the supposed honour and impartiality of the Magistrate making such Conviction upon the Appeal the Tryal of the Fact is to be by a Jury whereas the Conviction is by the Opinion and Judgment of the Justice or Magistrate and so as to the Fact the Party does as it were Appeal to a Jury from the Justice See hereafter Sect. 6. concerning Appeals 11. Vpon proof to him or them respectively made of such Offence either by confession of the Party c. This Confession must be Judicial before the Justice himself at the time of the Conviction and not a Confession at another time or before other Persons for such Confession though sworn before the Justices by sufficient Witnesses is only an Evidence or Circumstance of the Fact but not a ground to Convict the Offender ipso facto as a Confession before the Justice himself is 12. Or Dath of two Witnesses c. An Infamous Person as one Convicted of Perjury Forgery or of Felony and not having had his benefit of the Clergy nor pardoned is by Law disabled to give Testimony in any matter or cause whatsoever and therefore cannot be one of the two Witnesses within this Act upon whose Oath the Offender is to be Convicted nor ought to be suffered to be sworn if the Justice know him to be such but if such Person be sworn and the Justice not knowing of such disability of the Party sworn do proceed and upon such Oath and upon the Oath of one other Witness doth make a Record of Conviction such Record will be good in Law and bind unless where an Appeal lyeth it be avoided by Appeal according to the direction of this Act a Jew hath been often admitted as a Witness by the Judge without the consent of Parties and sworn upon the Old Testament and so I conceive he may be in this Case A man present at a Conventicle though an Offender himself is questionless a good Witness to give Evidence in order to the Conviction of any other for being present at the same Conventicle A Man that is only Indicted of Perjury or any other Infamous Crime but not Convicted is a Witness for no Man is disabled to give Testimony upon Oath upon a bare Indictment only note in this Case the Oath of the Witnesses and all other Evidence given upon Oath before the Justice or Justices Convicting should be put in Writing and subscribed by the Party swearing or giving such Evidence at the time of his Deposition or Examination especially where an Appeal is given by this Act for that by the 6th Paragraph it is required That upon an Appeal the Iustice certify to the Sessions the Evidence upon which the Conviction past which he cannot so well nor safely do unless the Evidence be taken in writing and subscribed by the Party upon whose Oath the same is taken 13. Or by Notorious Evidence and Circumstance of the Fact c. It is very difficult if not impossible to lay down the exact measure or bounds what shall be said to the Notorious Evidence and Circumstance of the Fact and what not and therefore it must be left to the Judgment and Discretion of the Justice or Justices Convicting upon weighing well and considering of the Case what doth appear to be a Notorious Evidence or Circumstance of the Fact But this is to be taken notice of particularly that the proof of two things are principally material 1. That there be a Conventicle and secondly That the Party to be Convicted was present at it Now if a Conventicle be kept and the same is afterwards dispersed and the Preacher or Teacher in such Conventicle or the Owner of the House where such Conventicle is held or several Persons present at such Conventicle be Convicted for such Offence afterwards another Person by two Witnesses is proved to have been there or that he confessed he was there at the same time and place where the others Convicted were but the Witnesses cannot prove it a Conventicle yet here 's a Notorious Evidence and Circumstance of the Fact sufficient to ground a Conviction If the Justice of Peace be present at the suppressing of an Assembly of People some of whom are immediately Convented before him and Accused for holding and being at a Conventicle in such Assembly but no direct proof be made that it was a Conventicle farther than that they were Assembled together if the Persons Convented can or will not give an account for what other Cause they were so Assembled or met together or if they or some others at such Assembly are commonly known and reputed to be frequenters of Conventicles or that they commonly though not always do
neglect coming to Church or have declared or any way made their dislike of or aversion from the Liturgy or Doctrine of the Church of England This is in any Opinion such a Notorious Evidence and Circumstance of the Fact as is sufficient to ground a Conviction within the intent of the Law and in such and the like Cases the Record of Conviction needs not make mention of any thing more but that the Offender is Convicted by the Notorious Evidence and Circumstance of the Fact without particularizing the Fact for that where no Appeal lies the Justice is the sole Judge of the Notoriety of the Evidence and Circumstance and where an Appeal is given there the Fact must be tryed over again and so the Offender cannot be injured 14. To make a Record of every such Offence under his or their Hands and Seals respectively c For the Form of such Record see hereunder And note that the subscribing the Justices hand to the Record is absolutely Essential for though the Justice set to his Seal and it be so mentioned in the Record which is as much as the Law requireth in most Cases yet this Act requiring the Record to be as well under his Hand as Seal if it be not under both the Record and all that is done in pursuance of it will be altogether void though it be not of absolute necessity that the Record should mention that the Justice hath put his Hand and Seal so that it be actually done but the better and safer way is to mention it in the Record according to the Precedent 15. 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 c. So as the Party Convicted shall be concluded to say that he is not guilty of the Offence contained in such Record he is so Convicted 16. And thereupon the said Iustice c. shall impose on every such Offender so Convict as aforesaid a Fine of five shillings for every such first Offence c. This imposing the Fine must be in the same Record of Conviction and not in any other Record by it self and it is not safe nor justifiable to make a Warrant to Levy any Fine but what is contained in the Record of Conviction 17. Which Record and Conviction shall be Certified by the said Iustice at the next Quarter Sessions c. The next Quarter Sessions is intended next after the Conviction not next after the Offence committed for perhaps the Quarter Sessions next after the Offence committed may be past before the Offenders be Convicted Next Quarter Sessions i. e. for the place where the Offence was committed and the Conviction made if by a Justice of the Peace for the County at large then to the next Quarter Sessions held for such County if in a Corporation or other Liberty by the chief Magistrate or Justice of such place then to the next Quarter Sessions for such place if the Conviction be made by a Justice of the Peace of the County for an Offence committed in a Liberty or Corporation where the County Justices have a concurrent Authority then the same must be certified to the next Quarter Sessions of the County Note by the Statute of 2 H. 5. cap. 4. The Quarter Sessions are appointed to be holden in all the Counties of England four times in the year that is to say the first week after the Feast of St. Michael and the first week after the Epiphany and in the first week after the close or end of Easter and in the first week after the Feast of Translation of St. Thomas the Martyr which as I take it always falls upon the 7th day of July These are the four Quarter Sessions But the same Statute directing that the Sessions should be held oftner if need were the Sessions holden at other times are called General Sessions but not Quarter Sessions by the Statute of 14 of Hen. 6. c. 4. The Justices of Middlesex are bound to hold Quarter Sessions but twice in the year but they may as they do hold Quarter Sessions at the four times of the year abovesaid and each of these Sessions is a Quarter Sessions and Sessions holden at other times are General Sessions Now every Quarter Sessions is a General Sessions yet every General Sessions is not a Quarter Sessions and not holden at the time appointed by the Statute of 2 Hen. 5. above mentioned SECT 2. 1. THat of such Offender so Convicted as aforesaid shall at any time again commit the like Offence Obs c. By this Clause these two Points are to be observed 1. He that is to be Convicted and to incur the Penalty of 10 s. must be Guilty of such Offence after the time he was Convicted of the former Offence and not only after the time he committed the former Offence for if one commit two or more Offences before he be Convict he may be afterwards Convicted for each of these Offences but he shall only pay a Fine of five shillings for each Offence and not 10 s. for either one of them for that though he Offended twice or oftner yet he never Offended after he was once Convicted 2. Where any one is Convicted for the second Offence whereby the Penalty of 10 s. is imposed on him the Record of such Conviction ought to mention and take notice of the Record of the former Conviction 2. Which Fine and Fines for the first and every other Offence shall be levyed by distress and sale of the Offenders Goods and Chattels c. But the Officer may seize ready Moneys of the Offender if he can find it in his House but he may not take it from the Person of the Offender and by the word Chattels must be understood Personal Chattels which may be distrained or levied as well as sold and therefore a Lease for years or other real Chattel cannot be sold by the Officer for levying any Penalty imposed by virtue of this Act. Goods and Chattels this reaches to the Utensils Tools and Instruments of Trade as well as any other Goods and Chattels for the rule of the common Law that exempts such where there 's sufficient besides from distress extends not where distress is given as an Execution by any particular Statute as for Poors Rates Hearth-money and so the like on this Law and governs only in distresses for Rents Amerciaments and the like 3. Or in Case of the Poverty of such Offender c. What shall be said in a case of Poverty and how shall it be determined I conceive the Justice is the Judge of it and may determine it at the time of the Conviction and thereupon impose the Fine upon any other Convicted of the same Offence but if the Party Convicted be taken to be Responsible and a Warrant is made to Levy and afterwards the Constable or other Officer to whom the Warrant is directed shall afterwards certify the Justice of
and that within a week after the Penalty paid or levied I answer that will be known by the Warrant of the Foreign Justice upon which the levy is made for his Warrant either mentions a Conviction by himself or by another Justice of another County or Corporation which will inform him but he must take this Note with him always that his Appeal must be delivered in Person for he himself is to enter into a Recognizance to Prosecute it and this is to be done at the same time before the Justice Convicting the rest of this Pargraph is plain enough SECT 14. PRovided also that no Person shall be punished for any Offence against this Act unless c. Prosecuted within three months 't is not necessary that the Penalties be actually levied within three months nor that a Conviction be made of Record but to fulfill the sense of this Clause I think it sufficient if Information be given to some Justice of a Conventicle already held in order to the making a Conviction of it this being within three months is enough for such Information being in order to a Conviction is a Prosecution within the meaning of this Clause it is not said Convicted but Prosecuted and such Information is a commencement of the Suit this is the primum movens towards a Conviction after the Offence committed as in civil Actions which are limited to be brought within such a time the beginning of a Suit is the suing an Original or other first Writ as Latitat c. If within the time limited is well enough though the Suit be not effectually Prosecuted though there be no Judgment in a long while after so in Capital Criminal Causes which must be Prosecuted within a certain time by the order of any particular Law if an Indictment be found within the certain time if the first Act of the Suit be begun 't is enough though the Party be not Convicted within twice the time so here the same rule will govern no Person shall this extends to an offending Justice or Constable as well as to the Conventicles yet if such Justice Constable or other Officer neglects his Duty against the Tenour of this Act be Indicted or otherwise sued within three Months after such neglect or refusal to doe their Duty it is a sufficient Prosecution within the three months although not Convicted within that time as I said before and that no Person who is punished by this Statute shall be punished for the same Offence by any other Law For the same Offence notwithstanding this a Conventicler may be punished for his absence from Church because such Meeting and his absence are several Offences Shall be punished this doth not hinder but that such Offender may be Prosecuted and punished as at the common Law for any thing prohibited by this Statute which is an Offence at the common Law I say he may be Prosecuted as at common Law if he hath been actually punished for the very same Offence by virtue of this Law but if he hath been once punished by this Law if sued as at common Law or on another Statute he may plead his Conviction and punishment on this thereto but this he cannot do till the Penalty be either levied or paid for till then he is not punished however as I said any Offender within this Law may be sued as at common Law as a Conventicler may for a Riot Rout or unlawfull Assembly and punished for it by Fine or Imprisonment but he shall not be punished both ways and that 's the sole meaning of this Paragraph viz. That such Person should not be double punished for one and the same Offence but yet again if any Preacher Teacher or other Person should at such Meeting speak Seditious or Treasonable words resist the Magistrate coming to disperse them or give opprobrious Language to the Justice or other Officer in the Execution of this Act he may be Indicted and punished for any such Offence and by this Act too SECT 15. PRovided also that every Alderman of London c. Had this Clause not been added it would be no great Question but that they were included in the meaning of this Act for they are the chief Magistrates and Justices of the Place this Proviso therefore seems added for perspicuity and prevention of all scruple and for to empower such of the Aldermen under the Chair as are not Justices of the Peace for it will not be doubted but the Aldermen of Exeter and Bristol and other such like Cities and Counties as are Justices of the Peace are bound by this Act to prevent disperse and suppress such Meetings otherwise the Act would be of least force where 't is most needfull viz. in those Populous Cities where the most idle People likeliest to be seduced whereas in other Counties the common People are generally employed in hard labour either about Husbandry or other painfull Callings and by consequence not so liable to seduction Provided that if the Person Offending and Convicted be a Feme-Covert co-habiting c. In this case Co-habitation as a Wife is a sufficient Evidence her being so and the Justice need look no farther for the Husband 's Goods and Chattels are liable Co-habiting i. e. for the most part or generally for though she be in Countrey House about this Town and her Husband in London yet his Goods will be liable if it had been otherwise 't would have said then Co-habiting or then Personally residing so if the Husband be upon any Occasion from home for Co-habitation here is used only in opposition to a separate living by sentence of Spiritual Court or by agreement of themselves not being apart now and then or at certain Seasons of the year or on an occasional Journey for in all such Cases the Husband is still supposed to have the Command over his Wife so far as to restrain her from breaking this Law and in case she offends 't is to be supposed by his consent or connivance and therefore this Law lays the Punishment upon his shoulders SECT 16. PRovided also that no Peer of this Realm shall be Attached or Imprisoned by force of this Act c. Peer here seems to include all such as by Law are Privileged from Personal Arrests in Civil Actions Attached or Imprisoned is in their Bodies for their Goods may be distrained upon a Conviction for such a Meeting as well as any Commoners this is merely designed to privilege their Persons from all trouble who are Consanguinei Comites Regis and always intended to be busied in arduis negotiis regni in the Service of his most Sacred Majesty SECT 17. PRovided also that this Act nor any thing therein contained shall extend to invalidate or avoid his Majesties Supremacy in Ecclesiastical Affairs but that his Majesty his Heirs and Successours 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