Selected quad for the lemma: virtue_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
virtue_n	act_n	offence_n	punish_v	1,000	5	10.2563	5	true

Text snippets containing the quad

ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A33823	English liberties, or, The free-born subject's inheritance containing, I. Magna Charta, the petition of right, the Habeas Corpus Act ... II. The proceedings in appeals of murther, the work and power of Parliament, the qualifications necessary for such ... III. All the laws against conventicles and Protestant dissenters with notes, and directions both to constables and others ..., and an abstract of all the laws against papists.	Care, Henry, 1646-1688.	1680 (1680)	Wing C515; ESTC R31286	145,825	240

hundred Pounds 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 Essoign 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 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 Evidence 2. And if the Plaintiff be Nonsuit or a Verdict pass for the Defendant every such Defendant 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 2. 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 3. And in Case any Person offending against this Act shall be an Inhabitant in any other County or Corporation or fly 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 other County or Corporation wherein the said person or persons are Inhabitants or are Fled into 4. 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 where the Offence was Committed 14. 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 2. 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 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 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 Penalties of five Shillings and ten Shillings so as aforesaid Incurred shall be Levyed by Warrant as aforesaid upon the Goods and Chattels of the Husband of each 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 2. But that his Majesty and his Heirs and Successors 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 notwithstanding Notes upon the foregoing Act. 1. By the Title Preamble and Scope of the Act it appears that the same is intended for suppressing Seditious Conventicles under Pretence of Religious Worship that is where the Conventiclers meet together under a pretence of Worship not according to the Liturgy and Practice of the Church of England but indeed to carry on ill designs against the State 2. If any such Conventicle be the Justices knowing it by the Oaths of two Witnesses may make a Record thereof and then the Persons so offending shall forfeit so as in the Act you have heard 3. It must appear upon Oath before the Justices or Confession of the Parties 1. That it was a Seditious Conventicle met together to disturb the Peace under pretence of Religion 2. That the Worship there practised was not according to the Liturgy and Practice of the Church of England so that the Informers must be present the whole time of the Meeting for if they only hear a man Praying or Preaching that is not contrary to the Practice of the Church of England and how does it appear that they did not read the Liturgy 3. It must be proved that there were Assembled five Persons or more besides the Inhabitants in the House 4. If a party be Fined above ten Shillings if he pay down the Money or it be levied within one Week after such Payment or Levy he may Appeal from the Justice Convicting to the next Quarter-Sessions where he shall have a Tryal by Jury thereupon and undoubtedly if it do not appear to the said Jury that it was a Seditious Meeting they ought to find for the Appealer 5. A General Warrant from any Justice or Justices to Constables to inquire after Seize c. all Conventicles in their Precincts is not good it ought to particularize the House and Place Houses and Places where the Conventicle is or Conventicles are held and then the Constable ought forthwith to goe and if he finds it so to suppress it but otherwise the Constable might be put to endless Vexation in hunting after Meetings to no purpose whereas the Act enjoyns him no such trouble and if you go once and find no Conventicle you are not obliged to go a second time on the same Warrant but ought to have a new one nor is the Constable obliged to turn Informer 6. As to Breaking open Doors you see the Act directs that it may be done first only in an House where 't is Inform'd there is actually a Conventicle as aforesaid that is upon the Oaths of two Persons 2. the Constables c. cannot do this without first there be a Demand and Denial to enter 3. Nor then neither without a Warrant from the Justice to that purpose If a Constable upon a light vain tale without two persons Swearing it that there is at such a House a Meeting and without Warrant shall venture to break open the Doors and there be found no Conventicle he makes himself liable to

accord voluntarily and freely give 5 Nor take nor receive any other or greater Sum or Sums for each nights Lodging or other Expences than what is reasonable and fitting in such cases or shall be so adjudged by the next Justice of the Peace or at the next Quarter-Sessions 6. And shall not cause or procure the said person or persons to pay for any other Wine Beer Ale Victuals Tobacco or other things than what the said person or persons shall voluntarily freely and particularly call for And that every Under-Sheriff Gaoler Keeper of Prison or Gaol and every person or persons whatsoever to whose Custody any person or persons shall be delivered or commited by virtue of any Writ of Process or any pretence whatsoever shall permit and suffer the said person or persons at his and their will and pleasure to send for and have any Beer Ale Victuals and other necessary Food where and from whence they please and also to have and use such Bedding Linnen and other things as the said person or persons shall think fit without any purloyning detaining or paying for the same or any part thereof nor shall demand take or receive of the said person or persons any other or greater Fee or Fees whatsoever for his her or their Commitment Release or Discharge or for his her or their Chamber-Rent than what is allowable by Law untill the same shall be settled by three Justices of the Peace whereof one to be of the Quorum of each particular County City and Town Corporate in their several Precincts and for the City of London and Counties of Middlesex and Surrey the two Lord Chief Justices of the Kings's-Bench and Common-Pleas and the Lord Chief Baron or any two of them and the Justices of the Peace of the same in their several Jurisdictions And likewise that the said Lord Chief Justice Lord Chief Baron and Justices of the Peace in their several Jurisdictions and all Commissioners for Charitable Uses do their best Endeavours and Diligence to Examine and finde out the several Legacies Gifts and Bequests bestowed and given for the Benefit and Advantage of the Poor Prisoners for Debt in the several Gaols and Prisons in this Kingdom and to send for any Deeds Wills Writings and Books of Accompts whatsoever and any person or persons concerned therein and to Examine them upon Oath to make true discovery thereof which they have full Power and Authority hereby to do and the same so found out and ascertained to order and settle in some manner and way that the Prisoners hereafter may not be defrauded but Receive the full benefit thereof according to the true intent of the Donors And that these Accounts of the several Legacies Gifts and Bequests given and bestowed upon the several Prisoners for Debt within this Kingdom and the several Rates of Fees and the future Government of Prisons be signed and confirmed by the Lord Chief Justices and Lord Chief Baron or any two of them for the time being and the Justices of the Peace in London Middlesex and Surrey and by the Judges for the several Circuits and Justices of the Peace for the time being in their several Precincts and fairly written and hung up in a Table in every Gaol and Prison before the first day of November 1671. and likewise be Registred by each and every Clerk of the Peace within his or their particular Jurisdiction And after such Establishment no other or greater Fee or Fees than shall be so Established shall be Demanded or Received And whereas it is become the common practice of Gaolers and Keepers of Newgate the Gate-house at Westminster and sundry other Gaols and Prisons to Lodge together in one Room or Chamber and Bed Prisoners for Debt and Felons whereby many times honest Gentlemen Trades-men and others Prisoners for Debt are disturbed and hindered in the night-time from their natural Rest by reason of their Fetters and Irons and otherwise much offended and troubled by their lewd and prophane Language and Discourses with most horrid Cursing and Swearing much accustomed to such persons 2. Be it Enacted by the Authority aforesaid that it shall not be lawful hereafter for any Sheriff Gaoler or Keeper of any Gaol or Prison to put keep or Lodge Prisoners for Debt and Felons together in one Room or Chamber but that they shall be put kept and Lodged separate and apart one from another in distinct Rooms 3. Upon pain that he she or they which shall offend against this Act or the true Intent and meaning thereof or any part thereof shall forfeit and lose his or her Office Place or Imployment and shall forfeit treble damages to the party grieved to be Recovered by vertue of this Act any Law Statute Usage or Custom to the contrary in any wise notwithstanding And to the End that English-men may more entirely enjoy their due Freedoms the prudence of our Legislators have thought fit from time to time to Remove Encroachments thereupon though under pretence of Jurisdictions and Courts of Justice and to prohibit any Exorbitant Arbitrary Power for the future but that all things may be left to the calm and equal proceedings of Law and that most excellent Method of Trial by Juries one of the principal Bulwarks of England's Liberties For an Instance hereof take the Act following An Act for Regulating of the Privy Council and for taking away the Court commonly called the Star-Chamber VVHereas by the Great Charter many times confirmed in Parliament it is Enacted That no Freeman shall be taken or Imprisoned or Disseized of his Freehold or Liberties or Free Customs or be Outlawed or Exiled or otherwise destroyed and that the King will not pass upon him or condemn him but by lawful Judgment of his Peers or by the Law of the Land 2. And by another Statute made in the fifth year of the Reign of King Edward it is Enacted That no man shall be Attached by any Accusation nor fore-judged of Life or Limb nor his Lands Tenements Goods nor Chattels seized into the King's Hands against the Form of the Great Charter and the Law of the Land 3. And by another Statute made in the five and twentieth year of the Reign of the same King Edward the third it is Accorded Assented and Established That none shall be taken by Petition or Suggestion made to the King or to his Council unless it be by Indictment or Presentment of good and lawful people of the same Neighbourhood where such Deeds be done in due manner or by Process made by Writ Original at the Common Law and that none be put out of his Franchise or Freehold unless he be duly brought in to Answer and fore-judged of the same by the course of the Law And if any thing be done against the same it shall be Redressad and holden for none 4. And by another Statute made in the eight and twentieth year of the Reign of the same King Edward the Third it is amongst other things Enacted That

thereby appears some of them did come to Church and heard divine Service to save the Penalties in the former Acts and yet continued Papists still in their hearts Therefore by this Act they were all to take the Sacrament once a year And if they refused they should forfeit 20 l. the 1st year for the 2d year 40 l. for every year afterwards 60l untill he or she have received the said Sacrament And by the 4th Section the Church Wardens and Constables are to present the monthly absence of all POPISH Recusants but they are not bound by this Act to present any but Papists For from this Act we may observe that none can be Prosecuted upon this Act or any of the other which it refers to which are all those here before rehearsed unless they be POPISH Recusants for so are the express words of the Act. And without doubt should any busy Officer whatsoever Present ot prosecute any person thereupon other than a Popish Recusant the person so presented may Joyn Issue that he is no such person as these Acts intend being not a Papist So that upon the whole matter we may conclude It is an abuse and utterly Illegall to Prosecute Protestants on such Laws as were made solely and wholly against Papists as will further appear in our next Observation and we have heard some Judges have declared so much However I shall here add the Judgment of the House of Commons in the Case for tho I know and own a vote of either or both Houses cannot Repeal a Law nor alter its sense yet certainly the House consisting of so many wise discreet persons a great number of them Excellently Learned in the Laws they are as like to Interpret a doubtful Law and hit upon the true Interpretation how far and to what it does extend as two or three little swaggering Justices or any single Judge At least were I an Officer I should rather incline to credit their opinion not run an hazard by employing the Toils made for restraining the Wolves and the Foxes to intangle destroy the Innocent sheep meerly because they do not all exactly tread in the very same steps and bite punctually all of one Sort of Grass Sabbati Sexto die Nov. 1680. Resolved Nemine contradicente That it is the opinion of this House That the Acts of Parliament made in the Reigns of Queen Elizabeth and King James against Popish Recusants ought not to be extended against Protestant dissenters And now having discharged these unlawful weapons let 's see what Legal Arms there are or have been really formed against the Sectaries And the first was the very sword of Goliah there was none like it 1. I mean the Act of 35 Eliz. Ca. 1. which some would make us believe has had as many Lives as a Cat intituled An Act to Retain the Queen's Majesties Subjects in their due Obedience This was the first Law that was made since the Reformation against those we commonly called Sectaries Conventiclers or Protestant Dissenters and this Act indeed beyond all dispute was made against them and them only for the Popish Recusants are expresly Excepted out of it as appears by the Act And that the Reader may better judge of the true difference between this Act and those others before recited made against Popish Recusants by the style and expressions I shall here insert the first Paragraph and give you the substance of the rest of it For the preventing and avoiding of such great Inconveniencies and Perils as might happen and grow by the wicked and dangerous practices of seditious Sectaries and disloyal Persons Be it Enacted by the Queen 's 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 sixteen 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 one month next after without any lawful cause shall at any time after forty daies next after the End of this Session of Parliament by Printing Writing or Express Words or Speeches advisedly or purposely practise or go about to make or persuade any of Her Majesties Subjects or any other within her Highness's Realms or Dominions to deny withstand and impugn Her Majesties Power and Authority in cases 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 be present at any unlawful Assemblies Conventicles or Meetings under colour or pretence of any Exercise of Religion contrary to Her Majesties Laws and Statutes or if any person or persons which shall obstinately Refuse to Repair to some Church by the space of one month to hear Divine Service as is aforesaid shall after the said forty daies either of him or themselves or by the Motion Persuasion Inticement or Allurement of any other willingly Joyn in or be present at any such Assemblies Conventicles or Meeting 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 and there to Remain without Bail or Mainprise until they shall Conform and yield themselves to come to some Church Chapel or usual place of Common-Prayer and hear Divine Service c. Then the Act goes on and provides That if the person do not Conform within three months after Conviction he should Abjure that is be Banisht and swear never to come back without leave And if he will not swear so then the same to be Felony without Benefit of Clergy From which Act these 3 things are observable 1. That the same was wholly intended against the Puritanes or Sectaries for the Papists are expresly exempted by a particular clause Sect. 12. in these words ' Provided that No Popish Recusant or Feme Covert shall be compelled or bound to abjure by vertue of this Act. 2. That Q. Eliz. and her wise Parliament did not intend or take such Protestant Recusants to be within the meaning of or punishable by the other before mentioned Statutes against popish Recusants For if they had so understood they might have punished them sufficiently on those old Laws without giving themselves the trouble of making this new Law against them Frustra fit per plura quod fieri potest per pauciora God and the Law do nothing in vain 3. If it be objected That all those Laws as well as this ought to be construed to one