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
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
acquit him or them from such punishment any thing herein to the contrary notwithstanding 21. Provided always That every person convicted as aforesaid in Courts aforesaid other then his Majesties Courts of Kings-Bench or before the Justices of Assize or General Goal-delivery shall by Warrant containing a Certificate of such Conviction under the Hand and Seal of the respective Judg or Judges before whom such Conviction shall be had be sent to some one of his Majesties Goals in the same County where such Conviction was had there to remain without Bail or Mainprize untill the next Assizes or General-Goal-Delivery where if such person so convicted shall refuse to take the Oath aforesaid being tendered unto him by the â—ustice or Justices of Assize or Goal-delivery then such Justice or Justices shall cause Judgment of Transportation to be executed in such manner as judgment of Transportation by this Act is to be executed But in case such person shall take the said Oath then he shall thereupon be discharged 22. Provided always and be it Enacted by the Authority aforesaid That if any Peer of this Realm shall offend against this Act he shall pay 10 l. for the first offence and 20 l. for the second offence to be levied upon his Goods and Chattels by Warrant from any two Justices of the Peace or chief Magistrate of the place or Division where such Peer shall dwell and that every Peer for the third and every further Offence against the Tenour of this Act shall be tried by his Peers and not otherwise 23. Provided also and be it further Enacted by the Authority aforsaid That this Act shall continue in force for three years after the end of this present Session of Parliament and from thence forward to the end of the next Session of Parliament after the said three years and no longer Since this was finished I found in the London Gazette Published Thursday April 21. 1681. this Paragraph viz. To undeceive the Kings Loyal Subjects who may be misled into Error by a Pamphlet called The History of the Life and Death of 35 Eliz. These are to inform them that that Act amongst others was continued 1 Jac. until the end of the first Session of the next Parliament There were four Sessions in that Parliament the last whereof ended 7 Jac. but the Act was to continue to the first Session of the next Parliament and though every Session to some purposes be as a several Parliament yet it is no such Parliament which can have a first Session and is never in Acts of Parliament stiled the next Parliament The next Parliament summoned was 12 Jac. but because nothing was done therein it was held no Parliament Then a Parliament was summoned 18 Jac. wherein passed only Subsidies Granted by the Spiritualty and Temporalty Hence a question arose 20 Jac. whether 35 Eliz. was not discontinued upon this ground that 18 Jac. was a Session by passing the Subsidy Act which being referr'd to all the Judges nine of them were of Opinion 35 Eliz. with the other Laws continued 1 Jac. were thereby discontinued To prevent which mischief The Parliament 21 Jac. not only revives 35 Eliz. and those other Laws in all 58. but Enacts that they shall be ad udged ever since the Session of Parliament 7 Jac. to have been of such Force and Effect as the same were the last day of that Session And 't is undoubted they all were then in force by Virtue of 1 Jac. and the latter continuance run clear without the aid of the Declaratory Law of 16 Car. 2. And though this Conventicle Act of 16 Car. 2. be expired yet there is another of greater Force 22 of the King yet in being And having therein mentioned the Act of the 22 of his Present Majesty I thought I could not justly acquit my self of what I had undertaken viz. impartially and fully to let down all that might any ways have Relation to this 35. Eliz. c. 1. without giving you that Statute at Large whereby the Judicious Reader may fee how far it proves the 35 Eliz. still to be in force An Act to Prevent and Suppress Seditious Conventicles FOR providing further and more speedy remedies against the growing and dangerous practises of Seditious Sectaries and other disloyal persons who under pretence of Tender Consciences have or may at their Meetings contrive Insurrections as late experience hath shown Be it Enacted by the Kings most Excellent Majesty by and with the advice and consent of the Lords Spiritual and Temporal and Commons in this present Parliament Assembled and by Authority of the same That if any Person of the age of 16 years or upwards being a Subject of this Realm at any time after the Tenth day of May next shall be present at any Assembly Conventicle or Meeting under colour or pretence of any exercise of Religion in other manner then according to the Liturgy and practise of the Church of England in any place within the Kingdom of England Dominion of Wales or Town of Berwick upon Tweed at which Conventicle Meeting or Assembly there shall be five Persons or more assembled together over and besides those of the same houshold if it be in a house where there is a family inhabiting or if it be in a house field or place where there is no family inhabiting Then where any five persons or more are so assembled as aforesaid It shall and may be lawfull to and for any one or more Justices of the Peace of the County Limit Division Corporation or Liberty wherein the offence aforesaid shall be committed or for the chief Magistrate of the Place where the offence aforesaid shall be committed And he and they are hereby required and enjoyned upon proof to him or them respectively made of such offence either by confession of the party or Oath of two Witnesses which Oath the said Justice and Justices of the Peace and chief Magistrate respectively are hereby impowred and required to Administer or by notorious Evidence and circumstance of the Fact to make A Record of every such offence under his or their Hands and Seals respectively which Record so made as aforesaid shall to all intents and purposes be in Law taken and adjudged to be a full and perfect Conviction of every such Offender for such offence and thereupon the said Justice Justices and chief Magistrate respectively shall impose on every such Offender so Convict as aforesaid a Fine of 5 s. for such first Offence which Record and Conviction shall be Certified by the said Justice Justices or chief Magistrate at the next Quarter Sessions of the Peace for the County or Place where the Offence was Committed 2. And be it further Enacted by the Authority aforesaid That if such Offender so convicted as aforesaid shall at any time again commit the like Offence or Offences contrary to this Act and be thereof in manner aforesaid Convicted Then such offender so convict of such
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
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-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
smells in History than that of a Bonner they would surely steer another Course Nor can they be thought well to weigh with themselves that of Vis unita est fortior and the Doctrine of the divided House while by a fatal disagreement with their Brethren about outward Forms and unnecessary Circumstances they render themselves less able to withstand the Impetuosity of daily menacing Popery That is nothing the Decree is gone forth and must be obey'd and though the Preamble of the Law may be avoided the Body of it more explanatory of it self admits no Evasion For the Law positively says That if any Person or Persons above the Age of Sixteen years c. shall be present at any Assembly Conventicle or Meeting under colour or pretence of any Exercise of Religion in other manner than according to the Liturgie and Practise of the Church of England c. Where there shall be Five or more Persons assembled over and above those of the Houshold c. As to the first part of the Words Whoever shall be present at any Assembly or Meeting under pretence or colour of any Exercise of Religion c. some Questions do arise upon the fair accompt of Reason and Policy 1. Whether the meaning of the Words extend themselves to such an Exercise of Religion which is truly Christian and according to the direct Interpretation of Scripture 2. Or whether onely such a Religion as carries onely a pretence and colour without any truth and sincerity As to the first it is most certain That the most pure and Christian Exercise of Devotion carries with it a pretence and colour as well as the false one though it be onely that of serving and performing our Duty to God Now then it can never be imagin'd that the Intention of this Law was ever to prevent the Exercise of Devotion and true Piety let the Place or the Number be more or less in a rational Proportion For if so the Statute would be void in it self in regard that all unbyass'd Casuists Lawyers and Divines agree That all Humane Laws made against the Law of God are ipso facto annull'd as to any Obligation upon the Conscience Seeing therefore it cannot be thought that this Law intendeth the Destruction of it self there must be a looking backward to the Reason and Policy of the Law which from the Preamble is apparent to be onely the prevention of Disloyalty and Insurrection for the Repose and Tranquillity of the Kingdom Now then let a Meeting be suppos'd though of more than Five or Ten yet if at this Meeting there be nothing done that tends to Disloyalty Insurrection or disturbance of the Publick Peace the Law hath its End and can take no farther notice there being no Breach of the Law and consequently no occasion of Punishment And this is collected from Reason it self for should any other Construction be put upon the Words it would be contrary to the Law of God as intended to prevent the true and real Worship of God under pretence of Innovation and Disloyalty A Thought an Intention which it were a Crime to imagine such Worthy and Pious Legislators ever dream'd of however the meaning of the Law may be strain'd in the absence of its Makers Now that such a Meaning of the Act as it is inforc'd is contrary to the Word of God is apparent from the Scripture it self Acts 28. And Paul dwelt two years in his hired house and received all that came to him preaching the Kingdom of God no man forbidding him 1 Tim. 2. I will therefore that men pray every where with several others Nor will it serve as an Objection to say That the Times are otherwise now that there are such plenty of Publick Churches For if they be possess'd by such as will not admit their fellow-Christians to come together without prejudice to their Consciences 't is the same thing to them as if those Places were not at all Which being a clear confirmation that God may be Worshipped in Spirit and Truth in any Place or at any Time 't is as clear that the Meaning of this Law cannot reach the Exercise of Real Piety For if the Worship in it self be Evil it is not to be endur'd in Four if consonant to the Word of God the Number of Fourscore cannot render it criminal But here in regard there is so much insisting and stress put upon the word Conventicle it will be much to be clearing the meaning of the Act to enquire in to the Nature of the word and whether it be not taken too unwarily in an ill sense by those that would extend the reason and meaning of this Act beyond its limits A Conventicle then in the general sense is a certain place appointed for the Assembling and coming together of People to some purpose or other In the particular sense it signifies the Assembly it self there met If then the purpose be for the sake of Divine Worship it will be fit next to enquire the Difference between a Church-Assembly and a Conventicle-Assembly That which constitutes a Church is an Assembly or Congregation of people called to the state of Grace by Prayer by Teaching and Hearing the Word and the due administration of the Sacraments The Efficient cause of this Assembly is the Holy Trinity in general particularly Christ The form of this Assembly consists in a double Communion of the Assembly with Christ as the Head and of the particular Members among themselves The matter of this Assembly are the persons or several Members called to the Covenant of Grace The end of this Assembly is the glory of God and their own Salvation The marks of the real Christianity and legality of this Assembly are the true Preaching the Word and due Administration of the Sacrament If then the same substantial Efficient cause the same substantial matter the same substantial Form the same substantial end the same substantial Marks of a truly Christian Assembly be found in a House or any other convenient place though not adorned with Steeples or Stone Arches call them Presbyterians or Dissenters or what you please they center the main fundamentals of Faith and Doctrine differ only in some slight and outward Ceremonies and are therefore an Essential Body of the Protestant Religion And if there be any External Circumstances in dispute they are to be argued and determined among themselves not by the Arbitrary Power of a Justice of the Peace who is an Officer only of the Peace and not of the Conscience So that it can never be thought that the determination of Christian Prudence will ever grant it to be rational that this Law was ever made for the prevention of such Conventicles which must prove the suppression of much true Piety and Devotion This makes some people think that Ecclesiastical Jurisdiction is in a very weak condition and most deficient of it self when it is so earnest and clamarous after the Assistance of the Civil Magistrate And indeed
presume to ascend the Pulpit with ex tempore Raptures For confirmation then that there is no need of using of Form and Order so the matter be the same there are many of the Disciples Prayers recorded in Scripture and there is no question to be made but that they were acceptable to God and yet we do not read they used the absolute Form prescribed by our Saviour but expressed themselves in other words though altogether agreeing for matter Upon the whole suppose this Question should be put Whether the Apostles did use any other Form than that which was taught them by Christ There is no doubt but the Answer will be They did not Put then this Question to the Informer Did the Dissenters use any other Prayers than what were agreeable to the Church of England In the first place 't is ten thousand to one whether he be a Competent judge If he be not he stakes his Conscience at a dreadful hazard for it behoves him to Swear positively in the Affirmative or else in justice his Information and all his hopes of Gain are lost And thus by a rigid Prosecution of uncharitable severity a necessitous and greedy wretch is brought to this tempting Dilemma either to Perjure himself or lose his Expectation Again The Liturgy it self is not always read altogether but on some days more on some days less The Dissenters perhaps use least of all yet they use some for they read the Reading Psalms A first and second Lesson and afterwards make use of Singing Psalms So then it being apparent that the degree of Comparison does not annihilate the subject of the Comparison it may be presumed that the Dissenters are present at their Conventicles positively according to the Liturgy of the Church of England Which things not being considered how uncharitably do they fall under the censure of Lavish and Inveterate Pulpits In the last place though it would be very unreasonable to disallow what has been already said yet should it be contradicted the next words or the practise of the Church will certainly give relief For it is the practice of the Church of England to Read and Sing the Psalms of David to read the first and second Lesson and so do the Dissenters many of them also militate under the same Ordination And if there be any that do not 't is presumed they might soon be better advised the refusal deserving reproof if they may be admitted being certainly to be look'd upon as an obstinate piece of weakness But which is more as to the Harmony of practice they use the same Sacraments though perhaps with some small difference in the Form and Ceremony of Administration which one would think might be easily reconciled without all this Combustion There is one thing more to be considered upon the account of Moral Equity That though the Act of Vniformity made in this His Majesties Raign it is here expresly declared That no other Form or Ceremony shall be used but what is prescribed in that Act or in the Book of Common Prayer Yet both by the Act and the Book it plainly appears that the Prosecutors of the Dissenters make no scruple to dissent from what is there Enacted while they use several Ceremonies that are not there and omit much of what is there as their going up and bowing to the Altar and reading second Service there Their coming out of the Pulpit and reading Part of the Communion Service in their Desks or at the Altar again and giving no Blessing at all in Pulpit Their setting the Communion Table Altar-wise Richly adorned at the East end of the Church whereas it ought to be placed either in the Body of the Church or in some convenient place Covered with a clean Linnen-Cloath Their Turning their Faces all of a Sudden to the East and bowing to the Name of Jesus and not at the Name of God or Christ These Dispensations argue an apparent Non-Conformity or Over-Conformity the same thing in strickness and partiality one among another So that it seems a Transgression not only against Charity but against Common Justice to prosecute those that do no more than only Non-Conform to those very Ceremonies which they themselves regard less of a publick Statute either neglect or over act at their own will and pleasure And for a further confirmation of the Nonconformity of our most Regular so pretending themselves Conformists point blank even against the very Law of the Land let them that please but consider how many there are that dispence with Non-Residence and Pluralities to the deteriment of many deserving persons that want and positively against the Statute of the 21 of H. 8. and yet no question but they would think it hard measure to be prosecuted upon that Law So Partial is a man to forgive those failings in himself which he Prosecutes in others However because all the meekness of Perswasion and Argument will not stop the Career of some mens Impetuosity in the Prosecution of this Act it will not be from the purpose to cast an Eye upon the Executive part of the Statute In order to which the most considerable Instructions are couched in the first and eleventh Section The Instructions of the first Section run thus That it shall and may be lawful to and for any one or more Iustices of the Peace within the limits c. Where such Offence shall be committed or for the Chief Magistrate of the Place or Corporation and upon proof of such Offence either by the Confession or Oath of two Witnesses or by Notorious Evidence and Circumstance of the Fact to make a Record under their Hands and Seals which Record shall to all intents c. be taken to be a full Conviction that thereupon the said Justices c. shall impose the sum of c. From which words it is clear that by this clause no power is given to any Magistrate to make out any general Warrant upon this Act till after Conviction by two Witnesses or Confession of the Offender Neither has any Constable to do with any such general Warrant in reference to this Act unless the Warrant grounded upon such a Record as is mention'd in the Act upon confession or proof and conviction of the Party by two Witnesses be given into his hands Whence arises this Question Whether any Constable or Head-borough that acts in relation to this Statute by vertue of a Power not Authorized by the literal words of the Law do not act at his own peril 2. Whether he shall incur any penalty for not doing that which the Law requires not at his Hands For by this part of the Law it is required only that the Witnesses should be the Informers But by general Warrants the Constables c. are compelled to turn Informers themselves and to find themselves work to accuse their Neighbours on purpose to find themselves yet more work to disturb and distrain upon their Goods and Persons A duty which the literal sense
dangerous Excursions 10. Because that when pious and good men have their publick Liberty and make use of that Liberty only to instruct the People in their Duty to God and the King c. one chief end of the Magistrates care of the State is obtained which is to maintain sound Doctrine 11. Because thereby they will be better enabled and encouraged to perform other good Offices to the King and State 2. Then in Reference to the Church these Reasons are added 1. Because agreeing in Fundamentals with their Prosecutors they are a great Addition of Strength against the force and subtleties of Rome 2. Because thereby Schism will come to a greater closure when the Church shall be satisfied in their profitable Doctrine and peaceable Behaviour which will create a greater desire of Peace and Union 3. Because by this publick Preaching Multitudes of poor Souls that will go no where else are in the way of Salvation and Profession of the Gospel of which some Divines of the Church of England are so deeply sensible that they Treat the Non-Conformists as Friends and fellow Labourers All which Reasons are more at large discussed in the Conformists Plea for the Non-Conformists to which the Reader is referred There remains now no more than only the humble Proposal of some few Queries and so to conclude First in Reference to the Church 1. Whether a Dissenter may be lawfully prohibited from Preaching the Word of God in truth and sincerity at any time or in any place 2. Whether by the blessings and rewards that are promised to those that propagate the Doctrine of Christ they are not obliged to do it 3. Whether the Example of Christ and his Disciples does not admit of Preaching in Houses Streets and Fields to more than five in a Company 4. Whether it be not something Erroneons for the Law of Man to contradict the Law 5. Whether the Passive Obedience of Persons prohibited by a Law from preaching the Word of God be not destructive to the propagation and maintenance of the Gospel of Christ 2. In reference to the Law of the Land 1. Whether the Opinion of the Commons of England That the prosecution of Protestant Dissenters upon the penal Laws is at this time grievous to the Subject a weakning of the protestant Interest and an encouragement to Popery and dangerous to the peace of the Kingdom ought not to be taken into a more serious Consideration 2. Whether the prosecution of Dissenters does not seem a little strange as to the present timing of it when the Papists lie under several Convictions of seeking the Ruin of the protestant Religion in the Kingdom and when the Kingdom is under such fears and Jealousies of the Predominancy of their Abettors 3. Whether it be not more proper to begin with Popery before they go about to extirpate Non-Conformity 4. Whether they who have with so much inveteracy rak'd into the forgotten and pardon'd Miscarriages of the Presbyterians had not better have spar'd their pains as nothing at all to the purpose except to what is unbecoming either peaceable or wise men 5. Fifthly Whether a Law that creates Arbitrary Distresses and Imprisonments be not contrary to the Fundamentals of Magna Charta 3. In Reference to the Law of Scripture and Nature 1. Whether the proceedings of the Law enforcers be not contrary to the Doctrine of Christ Whatever ye would that men should do unto you do ye even the same unto them for this is the Law and the Prophets 2. Whether it be according to Scripture For Protestants acknowledging the same Jesus the same Scripture and agreeing in the Fundamentals of Religion only for differences in human Ceremonies to tear and devour one another 3. Whether in point of Appeal to make Parties themselves Judges be a thing usual 4. Whether in the prosecution of Protestants by Protestants to make use of Informers and Promooters which the Lord Cook calls Turbiolum Hominum Genus instead of Christian advice and solid Arguments be according to Scripture 4. In point of Policy 1. Whether it be not against the Rules of Policy for English-men of the same Religion by cruelties and severities to destroy one another which must of necessity weaken the Force and destroy the Trade of the Nation It being one of the Lord Cook 's Maxims That a King can never be poor when his Subjects are Rich And therefore 2. Whether it be not against the Rules of Policy to set up a Law for the encouragement of vexatious Informers who under the reverend Mantle of Love and Justice to use the Lord Cook 's own words instituted for the protection of the Innocent and the good of the Common-wealth vex and depauperize the Subject for malice and private ends never for love of Justice 3. Whether it be not contrary to the Rules of prudence to make attempts in fruitless undertakings since it is found by Experience that persecution rather encreases than appeases Enmity and the common Maxim is that Sanguis Martyrum est semen Ecclesiae 4. Whether forbearance and mildness would not absolutely remove the scandal given to the protestant Churches abroad and endear us to our Forraign protestant Alliances 5. Whether it be prudence to afflict Protestants at home when we entertain afflicted Protestants from abroad 6. Whether by these unnatural Divisions the necessary Leagues and Tyes of Friendship and acquaintance common Trust and Confidence among men may not in time be broken to the ruin of all Society 7. Whether the wicked distinctions of Tory and Whigg c. were not set on foot to encrease the Dissentions between Protestants and whether the Invention and the Malicious continuance of them do not deserve a punishment equal to the worst of Felonies 5. In Reference to the Executive part 1. Whether the Issuing out of general Warrants by the Justices of the Peace not Authorized by the Statute do not render them obnoxious to other Laws 2. Whether it be not almost morally impossible to Swear a Dissenters Meeting to be contrary to the Liturgy or practice of the Church of England where there is no overt act of publick Disturbance or seditious Doctrine 3. Whether the prosecution of this Law do not afford several advantages to the spiteful and revengeful to reck their Spleen upon their Neighbours upon every slight disgust or falling out 4. Whither it do not afford great opportunitis of Combination between some needy Justice of the Peace and their more needy Associate the Informer to prosecute unlawful Gain it being the general complaint of treble distresses made without any Return 5. Whether the Constable not being authorized to break open any door or force and Gate or Hedge if the Informer be so fool-hardy as to do either and the Constable follow him the Constable and the Informer are not liable to the Law 6. Whether there be any Penalty above 5 l. directed by this Act to be laid upon a Constable that shall be negligent in making Distresses pursuant
Parliament That if any Person or Persons that shall at any time hereafter offend against this Act shall before he or they be so warned or required to make abjuration according to the Tenour of this Act repair to some Parish Church on some Sunday or other Festival day and then and there hear Divine Service and at the Service time before the Sermon or reading of the Gospel make Publick and open Submission and Declaration of his and their Conformity to her Majesties Laws and Statutes as hereafter in this Act is declared and appointed that then the same offender shall thereupon be clearly discharged of and from all and every the Penalties and Punishments inflicted or imposed by this Act for any of the Offences aforesaid The same Submission to be made as hereafter followeth That is to say I. A. B. Do humbly confess and acknowledg that I have greivously offended God in contemning her Majesties Godly and lawful Government and Authority by absenting my self from Church and from hearing Divine Service contrary to the Godly Laws and Statutes of this Realm and in using and frequenting disordered and unlawful Conventicles and Assemblies under pretence and colour of exercise of Religion And I am heartily Sorry for the same and do acknowledg and testifie in my Conscience that no other Person hath or ought to have any Power or Authority over her Majesty And I do Promise and protest without any dissimulation or any colour or means of any dispensation that from henceforth I will from time to time obey and perform her Majesties Laws and Statutes in repairing to the Church and hearing Divine Service and do mine uttermost endeavour to maintain and defend the same And that every Minister or Curate of every Parish where such Submission and Declaration of Conformity shall hereafter be so made by any such Offender as aforesaid shall presently enter the same into a Book to be kept in every Parish for that purpose and within ten days next following shall certifie the same in Writing to the Bishop of the said Diocess Provided nevertheless that if any such Offender after such Submission made as is aforesaid shall afterwards fall into Relapse or eftsoons obstinately refuse to repair to some Church Chappel or usual place of Common Prayer to hear Divine Service and shall forbear the same as aforesaid or shall come and be present at any such Assemblies Conventicles and meetings under colour or pretence of any Exercise of Religion contrary to her Majesties Laws and Statutes That then every such Offender shall lose all such benefit as he or she might otherwise by vertue of this Act have or enjoy by reason of their said Submission and shall thereupon stand and remain in such plight condition and degree to all intents as though such Submission had never been made And for that every Person having House and Family is in duty bounden to have special regard of the good Government and ordering of the same Be it enacted by the Authority aforesaid that if any Person or Persons shall at any time hereafter relieve maintain retain or keep in his or their House or otherwise any person which shall obstinately refuse to come to some Church Chappel or usual place of Common Prayer to hear Divine Service and shall forbear the same by the space of a Month together contrary to the Laws and Statutes of this Realm that then every Person which shall so relieve maintain retain or keep any such Person offending as aforesaid after notice thereof to him or them given by the Ordinary of the Diocess or any Justices of the Assizes of the Circuit or any Justice of Peace of the County or the Minister Curate or Church-wardens of the Parish where such person shall then be or by any of them shall forfeit to the Queens Majesty for every person so relieved maintained retained or kept after such notice as aforesaid Ten Pounds for every Month that he or they shall so relieve maintain retain or keep any such person so offending Provided nevertheless that this Act shall not in any wise extend to Punish or impeach any Person or Persons for relieving maintaining or keeping his or their Wive Father Mother Child or Children Wardes Brother or Sister or his Wives Father or Mother not having any certain place of Habitation of their own or the Husbands or Wives of any of them or for relieving maintaining or keeping any such person as shall be Committed by Authority to the Custody of any by whom they shall be so relieved maintained or kept any thing in this Act contained to the contrary notwithstanding And for the more speedy levying and recovering for and by the Queens Majesty of all and Singular the Pains Duties Forfeitures and Payments which at any time hereafter shall accrue grow or be payable by vertue of this Act or of the Statutes made in the 23th year of her Majesties Reign concerning Recusants Be it Enacted by the Authority aforesaid that all and every the said Pains Duties Forefeitures and Payments shall and may be recovered and levied to her Majesties use by Action of Debt Bill Plaint Information or otherwise in any of the Courts commonly called Kings Bench Common Pleas or Exchequer in such sort and in all respects as by the ordinary Course of the Common Laws of this Realm any other Debt due by any such Person in any other Case should or may be recovered or levied wherein no essoign Protection or Wager of Law shall be admitted or allowed Provided always that the Third Part of the Penalties to be had or received by vertue of this Act shall be imployed and bestowed to such good and charitable uses and in such manner and form as is limitted and appointed in the Statute made in the 28th year of her Majesties Reign touching Recusants Provided also that no Popish Recusant or Feme-covert shall be compelled or bound to abjure by vertue of this Act. Provided also that every person that shall Abjure by force of this Act or refuse to Abjure being thereunto required as aforesaid shall forfeit and lose to her Majesty all his Goods and Chattels forever and shall further lose all his Lands Tenements and Hereditaments for and during the life of such offender and no longer And that the Wife of any offender by force of this Act shall not lose her Dower Nor that any Corruption of Blood shall grow or be by reason of any offence mentioned in this Act But that the heir of every such offender by force of this Act shall and may after the Death of every offender have and enjoy the Lands Tenements and Hereditaments of such offender as if this Act had not been made And this Act to continue no longer than the end of the next Session of Parliament Anno 39 Eliz. cap. 18. An Act for the reviving continuance explanation perfecting and repealing of divers Statutes And amongst others it is there thus expressed viz. ANd wherein the Parliament holden at Westminster
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
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
May it therefore please your Highness for the repressing of the said usurped Forreign Power and the restoring of the Rites Jurisdictions and Preheminencies appertaining to the Imperial Crown of this your Realm that it may be Enacted by Authority of this present Parliament That the said Act. made in the first and second years of the Reign of the said late King Philip and Queen Mary and all and every branches Clauses and Articles therein contained other than such branches Clauses and Sentences as hereafter shall be excepted may from the last day of this Session of Parliament by Authority of this present Parliament be repealed and shall from thenceforth be utterly void and of none effect And to the intent that all Usurped and Forreign Power and Authority Spiritual and Temporal may for ever be clearly extinguished and never be used or obeyed within this Realm or any other your Majesties Dominions or Countries May it please your Highness that it may be further enacted by the Authority aforesaid That no Forreign Prince Person Prelate State or Potentate Spiritual or Temporal shall at any time after the last day of this Session of Parliament use enjoy or exercise any manner of Power Jurisdiction Superiority Authority Preheminence or Priviledg Spiritual or Ecclesiastical within this Realm or within any other your Majesties Dominions or Countries that now be or hereafter shall be but from thenceforth the same shall be clearly abolished out of this Realm and all other your Highness Dominions for ever any Statute Ordinance Custom Constitutions or any other matter or cause whatsoever to the contrary in any wise notwithstanding And that also it may please your Highness that it may be established and enacted by the Authority aforesaid that such Jurisdictions Priviledges Superiorities and Preheminencies Spiritual and Ecclesiastical as by any Spiritual or Ecclesiastical Power or Authority hath heretofore been or may lawfully be exercised or used for the Visitation of the Ecclesiastical State and Persons and for Reformation Order and Correction of the same and of all manner of Errors Heresies Scismes Abuses Offences Contempts and Enormities shall for ever by Authority of this present Parliament be united and annexed to the Imperial Crown of this Realm And that your Highness your Heirs and Successors Kings or Queens of this Realm shall have full Power and Authority by vertue of this Act by Letters Patents under the Great Seal of England to Assign Name and Authorize when and as often as your Highness your Heirs or Successors shall think meet and Convenient and for such and so long time as shall please your Highness your Heirs or Successors such Person or Persons being natural born Subjects to your Highness your Heirs and Successors as your Majesty your Heirs or Successors shall think meet to exercise use occupy and execute under your Highness your Heirs and Successors all manner of Jurisdictions Priviledges and Preheminencies in any wise touching or concerning any Spiritual or Ecclesiastical Jurisdiction within these your Realms of England and Ireland or any other your Highness Dominions and Countries and to visit reform redress order correct and amend all such errors heresies schismes abuses offences contempts and enormities whatsoever which by any manner of Spiritual or Ecclesiastical Power Authority or Jurisdiction can or may lawfully be reformed ordered redressed corrected restrained or amended to the pleasure of Almighty God the increase of Vertue and the conservation of the Peace and Unity of this Realm And that such person or persons so to be named assigned authorised and appointed by your Highness your Heirs or Successors after the said Letters Patents to him or them made and delivered as is aforesaid shall have full power and authority by vertue of this Act and of the said Letters Patents under your Highness your Heirs and Successors to exercise use and execute all the premises according to the Tenor and effect of the said Letters Patents any matter or cause to the contrary in any wise notwithstanding By which branches of this Statute it seems to be most demonstrable that all manner of Jurisdiction in Causes Spiritual and Ecclesiastical is invested in the Crown and that no Spiritual Courts may be holden but by the Kings Commission Lastly By the 16. Car. primi the very branch of the Statute for granting Commissions is also repealed which left the Ecclesiastical Courts no power at all Seeing then that all Power both Temporal and Ecclesiastical is vested in the King it seems to be a high point of disobedience for Subjects to hold Courts of Judicature to disturb and punish the Kings Liege People without any Legal Authority From whence may arise these few short Quaeries Qu. 1. Whither it be not proper for the persons cited to demand the sight and hearing of the Commission by which the Judges claim their Jurisdiction 1st for their own safety 2dly In point of Loyalty to the King 3dly As being obliged by the Oath of Supremacy to renounce â—â—l Forreign Jurisdictions Qu. 2. Supposing the said Judges produce no Authority from the King yet proceed to Excommunication whether the said Excommunication be not void Qu. 3. Whether the said Judges be not Indictable upon a Pramunire or liable to an Action as Counsel shall direct For what remains the parties concerned may take their measures as they find most necessary for self preservation from Mr. Cary's True Guide for all persons concern'd in Ecclesiastick Courts FINIS Rast Stat. vol. 2. c. 1. fo 397. This Parliament began the 19 of February in the 35th of the Queen and was dissolved the 10th of April following Abjure The form of the Submission 39 Eliz. c. 18. 43. Eliz. c. 9. Sect. 18. Sect. 27. King James began his Reign Anno 1602 March the 24th 1. Jacobi ca. 25. Sect. 13. and 24. Sessio 2. 3. Jacob. 3. Session 4. Jacobi 4. Session 7 Jacobi Huttons Rep. fol. 61. Resolutions upon the Statute of 35 Eliz. c. 1. concerning Sectaries What shall be said a Session of Parliament This Statute was Anno 18 Jacobi and Printed but is not in any of the Statute Books Saint-John versus Saint-John 21 Jac. c. 28 58 Statutes in this Act revived and continued 1 Car. 1. cap. 7. This Session of Parliament by reason of the increase of the Sickness and other inconveniences of the Season requiring a speedy Adjournment nevertheless shall not determine by His Majesties Royal Assent to this some other Acts. 3 Car. 1. cap. 4. Sect. 21. Sect. 22. * in his History of the Life and Death of the 35. Eliz. c. 1. An. 16. Car. 1. cap. 4. An. 16. Car. 2. This 35. Eliz. c. 1. was continued but that Act it seems is since expired Keeble Stâ— fo 1293. c. 4. 35. Eliz. c. 1. declared to be in force Statutes are of two sorts Those that are introductory of a New and those that are declaratory of an old Law Further remedy against Seditious Sectaries Unlawful Conventicles and Meetings under pretence of Exercise of Religion forbidden The punishment and manner of proceeding against them for the first Offence Second Offence Third Offence How seditious Sectaries being convicted may be transported How the Offendâ—r 〈…〉 discharged â—pâ—n payment of â—f 〈◊〉 pâ—und Punish 〈◊〉 of Offendâ—rs 〈◊〉 the tâ—ird Offence How the sâ—id Penalty of 〈◊〉 poâ—â—d shall be disposâ—d Persâ—n sued fâ—r execâ—ting this Act may plead the geneâ—â—ral Issue aâ—d recover â—reble Câ—sts Felony to escâ—pe after Convictim or to retâ—rn after Transportation Seditious and tumâ—ltuous Mettings and Conveâ—ticles The penalty of suffering Conventieles in private houses Goalers may not let Prisoners committed upon this Act to go at large The Penalty Within what time Offendâ—rs must be prâ—sâ—cuted Married women how to be punished How Justices of the Peace may enter into houses suspected for Conventicles The houses of Peers What persons may not be commited to the house of Correction Persons served with Process Refusing to take au Oath 14. C. 2. ca. How such persons may be acquited Peers offending how to be proceeded against The continuance of this Act Keeble St. A. 12. Car 2. c. 1. fol. 1. 61. The Preamble 16 Car. 2. c. 4. Conventicles c. forbidden after the Tenth of May 1670. How the Offendors must be Convicted The penalty for the first Offence The Record and Conviction to be returned to the next Quarter Sessions The Penalty for the second offence The Penaltiâ—s how to be levied Constablet c. to levy the same and pay it to â—he Justice immediately How the penalties are to be devided Certificate into the Exchequer The penalty of such as Preach or teach in a Conventicle how to be levied and dispâ—sed The forfeit re of such as suffer Conventicles iâ— their Houses Provâ—so Appeâ—â—s way be and to whom and in whâ—t Cases Appellant to enter into a Recâ—gnizaâ—ce Justices of Peace Câ—â—stabâ—es c 〈◊〉 refusal may break upon doâ—rs Lieutenants Deputy Lieutenanâ—s and 〈◊〉 Officers â—f the Miliâ—ia â—ust disperse Conventicles either with Horse or Foot Proviso for Peers of the Realm The penalty of all Justices of Peace Constables and othâ—r Officers Civil aâ—d Military that omit their duty in pâ—rforâ—iâ—g this Act. All persons indeâ—priâ—ied that put this Act in execution This Act to be interpreted â—ost beneficially for the suppressing Conventicles Offeâ—dâ—rs to be prâ—secuted within three months after the offence Aldermen within London have the same power there as Justices of Peace elsewhere Feme-Covert Peers of the Realm Proviso fâ—r the Kings Supremacy Sect. 1. Sect. 2. Sect. 16. Sect. 17. Sect. 18.