Anno Regni CAROLI II REGIS Angliae Scotiae Franciae Hiberniae VICESIMO SECUNDO At the Parliament begun at Westminster the Eighth day of May Anno Dom. 1661. In the Thirteenth Year of the Reign of our most Gracious Sovereign Lord CHARLES by the Grace of God of England Scotland France and Ireland King Defender of the Faith c. And there continued by several Prorogations to the 14th day of February 1669 70. From whence it is continued by Adjournment made the 11th of April 1670. to the 24th day of October following HONI SOIT QVI MAL Y PENSE DIEV ET MON DROIT In the SAVOY Printed by the Assigns of John Bill and Christopher Barker Printers to the Kings most Excellent Majesty 1670. CVM PRIVILEGIO Anno XXII Caroli II Regis An Act to prevent and Suppress Seditious Conventicles FOr Providing further and more speedy Remedies against the growing and dangerous Practices of Seditious Sectaries and other Disloyal Persons who under Pretence of tender Consciences have or may at their Meétings Contrive Insurrections as late Experience hath shewen 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 Sixteen years or upwards being a Subject of this Realm at any time after the Tenth day of May next shall be present at any Assembly Conventicle or Meeting under Colour or Pretence of any Exercise of Religion in other manner then according to the Liturgy and Practice of the Church of England in any place within the Kingdom of England Dominion of Wales or Town of Berwiick upon Tweed at which Conventicle Meeting or Assembly there shall be five persons or more assembled together over and besides those of the same Houshold if it be in a House where there is a Family Inhabiting or if it be in a House Field or Place where there is no Family Inhabiting Then where any Five Persons or more are so Assembled as aforesaid It shall and may be lawful to and for any one or more 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 such 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 Iustice and Iustices 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 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-Quarter-Sessions of the Peace for the County or place where the Offence was committed And be it further Enacted by the Authority aforesaid That if such Offender so Convicted as aforesaid shall at any time again commit the like Offence or Offences contrary to this Act and be thereof in manner aforesaid convicted Then such Offender so convict of such like offence or offences shall for every such Offence incur the Penalty of Ten shillings 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 povertie 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 Constrable Head-borough Tything-man Church-wardens and Overseers of the Poor respectively are hereby Authorized and required to levy the same accordingly having first received a Warrant under the hands and seals of the said Iustice Iustices or chief 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 Successors to be paid to the High Sheriff 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 not one without the other And no Iustice shall or may be questioned or accountable for the same in the Exchequer or elsewhere then in Quarter-Sessions And other third part thereof to 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 further Enacted by the Authority aforesaid That every person who shall take upon him to Preach or Teach in any such Meeting Assembly or Conventicle and shall thereof be Convicted as aforesaid shall forfeit for every such first Offence the Sum of Twenty 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 and 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 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 not withstanding 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 incurre the Penalty of Fourty pounds to be levied and disposed as aforesaid And be it further Enacted by the Authority aforesaid That every person who shall wittingly and willingly suffer any such Conventicle Meeting or unlawsul 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 always and be it Enacted by the Authority aforesaid That no person shall by any Clause of this Act be liable to pay above Ten pounds for any one Meeting in regard of the poverty of any other person or persons Provided also and be it further Enacted That in all Cases of this Act where the Penalty or Sum charged upon any Offender exceeds the Sum of Ten shillings and such Offender shall finde himself agrieved it shall and may be lawful for him within one Week after the said Penalty or Money charged shall be paid or levied to Appeal in writing from the person or persons Convicting to the Iudgment of the Iustices of the Peace in their next quarter-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 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 prosecute 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 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 And be it further Enacted by the Authority aforesaid That the Iustice Iustices of the Peace and Chief Magistrate respectively or the respective Constables Head-boroughs and Tything-men by Warrant from the said Iustice Iustices or Chief Magistrate respectively shall and may with what aid force and assistance they shall think fit for the better execution of this Act after refusal or denial to enter break open and enter into any house or other place where they shall be informed 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-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 joyntly 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 meét 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 unlawful Meéting 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. 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 vertue of this Act but by immediate Warrant from His Majesty under His Sign Manual or in the presence of the Lieutenant or one Deputy-Lieutenant or two Iustices of the Peace whereof one to be of the Quorum of the same County or Riding And be it further 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 Headborough Tythingman Churchwarden Overseers of the Poor or any person lawfully called in aid of the Constable Headborough or Tythingman 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 five pounds to be 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 Moity to the use of His Majesty the other Moity 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 further 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 then 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 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 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 Iustification and Encouragement of all persons to be imployed in the Execution thereof And that no Record Warrant or Mittimus to be made by vertue of this Act or any proceédings 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 which 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 fully 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 moneths 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 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 Impowred and Required to Execute the same 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 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 Warant as aforesaid upon the Goods and Chattels of the Husband of such Feme-Covert 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 Provided also That neither this Act nor any thing therein contained shall extend to invalidate or avoid His Majesties Supremacy in Eeclesiastical 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 Authorities in Ecclesiastical Affairs as fully and as amply as himself or any of his Predetessors have or might have done the same Any thing in this Act notwithstanding