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A62224 Observations upon the statute of 22 Car. II. cap. I. entituled, An act to prevent and suppress seditious conventicles by Sir Edmund Saunders, Kt. ... Saunders, Edmund, Sir, d. 1683. 1685 (1685) Wing S742; ESTC R9546 42,853 166

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said Appeal to be null and void Provided alwaies That every such Appeal shall be left with the person or persons so convicting as aforesaid at the time of the making thereof And be it farther Enacted by the Authority aforesaid That the Iustice Iustices of the Peace and chief Magistrate respectively or the respective Constables Headboroughs and Tything-men by Warrant from the said Iustice Iustices or chief Magistrare respectively shall and may with what aid force and assistance they shall think fit for the better Execution of this Act after refusal or denial to enter break open and enter into any house or other place where they shall be informed any such Conventicle as aforesaid is or shall be held as well within Liberries as without and take into their Custody the persons there unlawfully assembled to the intent they may be proceeded against according to this Act And that the Lieutenants or Deputy-Lieutenants or any Commissionated Officer of the Militia or other of his Majesties Forces with such Troops or Companies of Horse and Foot And also the Sheriffs and other Magistrates and Ministers of Iustice or any of them jointly or severally within any the Counties or places within this Kingdom of England Dominion of Wales or Town of Berwick upon Tweed with such other assistance as they shall think meet or can get in readiness with the soonest on Certificate made to them respectively under the Hand and Seal of any one Iustice of the Peace or chief Magistrate of his particular Information or Knowledge of such unlawfull Meeting or Conventicle held or to be held in their respective Counties or Places And that he with such Assistance as he can get together is not able to suppress and dissolve the same shall and may and are hereby required and enjoyned to repair unto the place where they are so held or to be held and by the best means they can to dissolve dissipate or prevent all such unlawfull Meetings and take into their Custsdy such and so many of the said persons so unlawfully Assembled as they shall think fit to the intent they may be proceeded against according to this Act. Provided always That no Dwelling-house of any Peer of this Realm where he or his Wife shall be then resident shall be searched by virtue of this Act but by immediate Warrant from His Majesty under His Sign Manual or in the presence of the Lieutenant or one Deputy-Lieutenant or two Iustices of the Peace whereof one to be of the Quorum of the same County or Riding And be it farther Enacted by the Authority aforesaid That if any Constable Head-borough Tything-man Church-warden or Overseer of the Poor who shall know or be credibly informed of any such Meetings or Conventicles held within his Precincts Parish or Limits and shall not give Information thereof to some Iustice of the Peace or the chief Magistrate and endeavour the Conviction of the Parties according to his Duty but such Constable Head-borough Tything-man Church-warden Overseers of the Poor or any person lawfully called in and of the Constable Head-borough or Tything-man shall willfully and wittingly omit the performance of his Duty in the Execution of this Act and he thereof Convicted in manner aforesaid he shall forfeit for every such Offence the sum of five pounds to de levied upon his Goods and Chattels and disposed in manner aforesaid And that if any Iustice of the Peace or chief Magistrate shall wilfully and wittingly omit the performance of his Duty in the Execution of this Act he shall forfeit the sum of One hundred pounds the one moiety to the use of his Majesty the other moiety to the use of the Informer to be recovered by Action Suit Bill or Plaint in any of His Majesties Courts at Westminster wherein no Essoin Protection or Wager of Law shall lie And be it farther Enacted by the Authority aforesaid That if any person be at any time Sued for putting in Execution any of the Powers contained in this Act otherwise than upon Appeal allowed by this Act such person shall and may plead the General Issue and give the special matter in Evidente and if the Plaintiff be Non-suit or a Verdict pass for the Defendant or if the Plaintiff discontinue his Action or if upon Demurrer Iudgment be given for the Defendant every such Defendant shall have his full treble Costs And be it farther Enacted by the Authority aforesaid That this Act and all Clauses therein contained shall be construed most largely and beneficially for the suppressing of Conventicles and for the Iustification and Encouragement of all persons to be imployed in the Execution thereof And that no Record Warrant or Mittimus to be made by virtue of this Act or any Proceedings thereupon shall be Reversed Avoided or any way Impeached by reason of any Default in form And in case any person offending against this Act shall be an Inhabitant in any other County or Corporation or flie into any other County or Corporation after the Offence committed the Iustice of the Peace or chief Magistrate before whom he shall be convicted as aforesaid shall certifie the same under his hand and seal to any Iustice of Peace or chief Magistrate of such other County or Corporation wherein the said person or persons are Inhabitants or are fled into whith said Iustice or chief Magistrate respectively is hereby Authorized and Required to levy the Penalty or Penalties in this Act mentioned upon the Goods and Chattels of such person or persons as sully as the said other Iustice of Peace might have done in case he or they had been Inhabitants in the place where the Offence was committed Provided also That no person shall be punished for any Offence against this Act unless such Offender be prosecuted for the same within Three months after the offence committed And that no person who shall be punished for any offence by virtue of this Act shall be punished for the same offence by virtue of any other Act or Law whatsoever Provided and be it farther Enacted by the Authority aforesaid That every Alderman of London for the time being within the City of London and the Liverties thereof shall have and they and every of them are hereby Impowered and Required to Execute the same Power and Authority within London and the Liberries thereof for the Examining Convicting and Punishing of all offences within this Act committed within London and the Liberries thereof which any Iustice of Peace hath by this Act in any County of England and shall be subject to the same Penalties and Punishments for not doing that which by this Act is directed to be done by any Iustice of Peace in any County of England Provided and be it Enacted by the Authority aforesaid That if the person offending and Convicted as aforesaid be a Feme-Covert cohabiting with her Husband the Penalties of Five shillings and Ten shillings so as aforesaid incurred shall be levied by Warrant as aforesaid upon the Goods and