notwithstanding FINIS A Postscript touching Prosecutions in the Ecclesiastical Courts HAving thus done with the Temporal Prosecutions it may not be amiss to add a word concerning the Spiritual Persecutions now on foot by Citations and Excommunications not only to the great perplexity and trouble but to the great expence of the people In reference to which Men are to consider whether the present Ecclesiastical severity be according to Law or no For what ever is done to disturb the quiet and repose of particular Subjects contrary to Law is down right Oppression That the exercise of the Punishments of Excommunication and an Anathema is allowable against obdurate Hereticks and Schismaticks is apparent from Scripture and the same Scriptute directs both by whom how and upon whom these Sentences ought to be pronounced On the other side as there is no part of Scripture that erects any Ecclesiastical Courts of Judicature or Warrants the formal Processes of Citations Pleas and Answers or the extravagant Fees of Proctors Apparitors and Promooters so it appears that since the Reformation they have been abrogated by the Law of the Land as being look'd upon meerly to be the effects of Popish Usurpation For Episcopal Authority consists not so much in keeping Courts as in a true Inspection and Care over the Flock of Christ the Weapons of their Authory are only Admonition and Reprehension and then Excommunication comes of course a more Regular aud Apostolick way than by Processes and Citations As to all other Jurisdiction comprehending Force and Compulsion it is vested solely in the King who is by all true Protestants accounted the Defender of the Faith and the supream Head of the Church The Law it self runs thus And whereas the Arch-Bishops and Bishops and other Spiritual persons in this Realm do use to make and send out their Summons Citations and other Processes in their own names and in such form and manner as was used in the time of the usurped power of the Bishop of Rome contrary to the form and order of the Summons and Process of the Common Law used in this Realm seeing that all Authority of Jurisdiction Spiritual and Temporal is derived and deducted from the Kings Majesty as supreme head of these Churches and Realms of England and Ireland so justly acknowledged by the Clergy of the said Realm that all Courts Ecclesiastical within the said two Realms be kept by no other power or authority either forreign or within the Realm but by the authority of his most excellent Majesty Be it therefore further enacted by the Authority aforesaid that all Summons and Citations or other Process Ecclesiastical in all suits and causes of Instance betwixt party and party and all causes of Correction and all causes of Bastardy or Bigamy or enquiry de jure patronatus Probates of Testaments and Commissions of Administartions of persons deceased and all Acquittances of and upon account made by the Executor Administrators or Collectors of goods of any dead person be from the first day of July next following made in the name and with the style of the King as it is in Writs Original or Judicial at the Common Law And that the Test thereof be in the name of the Arch-Bishop or Bishop or other having Excclesiastical Jurisdiction who hath the Commission and grant of the Authority Ecclesiastical immediately from the Kings Highness and that his Commissary Official or Substitute exercising Jurisdiction under him shall put his name in the Citation or Process after the Test Further be it enacted by the Authority aforesaid That all manner of person or persons who have the exercise of Ecclesiastical Jurisdiction shall have from the first day of July before expressed in their Seals of Office the Kings Highness Arms decently set with certain Characters under the Arms for the knowledge of the Diocess and shall use no other Seal of Jurisdiction but where His Mejesties Arms be ingraven upon pain that if any person shall use Ecclesiastical Jurisdiction after the day before expressed in this Realm of England Wales or other his Dominions or Territories and not send or make out the Citation of Process in the Kings name or use any Seal of Jurisdiction other than before limited that every such Offender shall incur and run in the Kings Majesties displeasure and indignation and suffer Imprisonment at his Higness will and pleasure Provided that no more nor other Fees be taken or paid for the Seal and Writing of any Citations or other Process than was heretofore accustomed Which being true what power the Bishops have to hold their Spiritual Courts and send out Process in their own Names and to make Citations and Executions of Judgements under their own Seals is an enquiry not improper for them that believed themselves wronged This Act is said to have been repeal'd by the 1. and 2. of Philip and Mary c. 8. though no mention be made of it among the repeal'd Acts of that time However though it were it was again reviv'd by the 1. of Eliz. c. 1. in these words Most humbly beseech your most Excellent Majesty your faithful and obedient Subjects the Lords Spiritual and Temporal and the Commons in this your present Parliament assembled That where in the time of the Reign of your most dear Father of Worthy Memory King Henry the 8th divers good Laws and Statutes were made and Established as well for the utter extinguishment and putting away of all Usurped and Forreign Powers and Authorities out of this your Realm and other your Highness Dominions and Countries as also for the restoring and uniting to the Imperial Crown of this Realm the Ancient Jurisdictions Authorities Superiorities and Preheminencies to the same of right belonging and appertaining by reason whereof we your most humble and obedient Subjects from the Five and twentieth year of the Reign of your said dear Father were continually kept in good order and were disburdened of divers great and intollerable Charges and Exactions before that time unlawfully taken and exacted by such Forreign power and authority as before that was usurped until such time as all the said good Laws and Statutes by one Act of Parliament made in the first and second years of the Reigns of the late King Philip and Queen Mary your Highness Sister intituled an Act Repealing all Statues Articles and Provisions made against the See Apostolick of Rome since the Twentieth year of King Henry the eight and also for the Establishment of all Spiritual and Ecclesiastical Possessions and Hereditaments conveyed to the Laity were all clearly repealed and made void as by the same Act of Repeal more at large doth and may appear by reason of which Act of Repeal your said humble Subjects were eftsoons brought under an usurped Forreign Power and Authority and yet do remain in that bondage to the intollerable charges of your loving Subjects if some redress by Authority of this your High Court of Parliament with the assent of your Highness be not had and provided
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
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
the 19. day of February in the 35th year of the Queens Majesties Reign that now is there was an Act made Intituled An Act to retain the Queens Majesties Subjects in their due Obedience Be it enacted by the Authority of this present Parliament that this Act viz. 35 of Eliz. as well as the other there recited Statutes and Acts shall be by Authority of this present Parliament revived continued and endure in force and effect until the end of the next Parliament next ensuing The next Parliament was begun and holden at Westminister the 27th day of October in the 43th of Eliz. and there continued until the Dissolution thereof being the 19th of December next following Anno 1601. And there in the 9th Chapter Sect. 18. this 35 Eliz. is again continued by the Statute Intituled An Act for continuance of divers Statutes and for repeal of some others As the 27. Sect. of the said Act does make to appear The words are these Be it enacted by the Authority of this present Parliament that the same shall be continued and remain in force until the end of the first Session of the next Parliament At the Parliament begun and holden at Westminster the 19th day of March the first year of King James and there continued until the 7th of July Anno 1604 and then prorogued until the 7th of February next following which ended that Session In the 25th Chapter Intituled An Act for continuing and reviveing of divers Statutes and for repealing of some others in Sect. the 13th and the 24th this 35 Eliz. and among divers Acts is again continued in these words viz. Shall be continued and remain in force until the end of the first Session of the next Parliament At the Second Session of Parliament begun and holden by Prorogation at Westminster the 5th day of November in the Third year of King James and there continued until the 27th of May and from thence Prorogued till the 18th of November next following there is no mention at all made of any continuance of this 35 Eliz. Neither was there any mention made of this said 35 Eliz. at the next Session of the said Parliament begun and holden at Westminster by Prorogation the 18th day of November in the 4th year of King James which Session ended the 4th of July Anno 1607. and then was Prorogued until the 16th day of November next following Nor during all the Fourth Session of the said Parliament begun and holden by Prorogation at Westmimster the 19th day of February in the 7th of King James and there continued until the 23th day of July and then Prorogued until the 16th day of October next following Anno 1610. was there any the least mention of a continuance of this said 35 Elizabeth The Vacation after Hil. 20. Jac. MEmorand That on Monday the 17th of February at Serjeants-Inn upon the Assembly of all the Justices to take Consideration upon the Statute of 35 Eliz. c. 1. for the Abjuration of Sectaries the Attorny General and Serjeant Crew being there after the perusal of the Statute and the continuances thereof it was first upon debate considered Whether this Statute was in force or discontinued and upon the perusal of the Proviso in the Statute of Subsidy and upon reasoning the matter these Points were resolved 1. If a Parliament be Assembled and divers Orders made and a Writ of Error brought and a Record delivered to the higher House and divers Bills agreed but no Bills Signed That this is but a Convention and no Parliament or Session as it was Anno 12 Jac. in which as it was affirmed by them which had seen the Roll it is entred that it is not any Session or Parliament because that no Bill was signed vide 33. H. 6. Brook Parliament 86. Every Session in which the King signs Bills is a Parliament 2. It was agreed that if divers Statutes be continued until the next Parliament or next Session and there is a Parliament or a Session and nothing done therein as to continuance all the said Statutes are discontinued and gone And then it was moved whether this Statute was discontinued and seriatim Jones Chamberlain Hutton Denham Haughton Dodderidge Winch and Bromley declared their Opinions that this Statute is discontinued and that the statute of Subsidy is a Parliament and that every Parliament is a Session but not e converso for one Parliament may have divers Sessions as the Parliament 1 Jac. had four and ended 7 Jac. vide 33. H. 6. Bro. Parl. 86. and that this Proviso is not to any other purpose but to continue their proceedings in the same estate as if this Act had not been made and if this Proviso had not been then this statute had been discontinued by this Act of subsidy but when this ends and is determined then is the Session ended then it is a session scil a Parliament which ought to be pleaded at the Parliament holden c. and all the Commissions of subsidy are accordingly and the proviso call it a session Then this being done the Lord Chief Baron did not deliver any Opinion for he said that he had not considered the statute and afterwards it was desired that the Lords would deliver their Opinions and thereupon the Lord Hobart declared his Opinion accordingly That it seemed to him that it was a Session and that it was not safe to meddle with such Law and that he would never refuse to declare his Opinion with his Brethren After the Lord Chief Justice Ley made a long discourse concerning the purpose and intent of Parliament Scilicet That it was not their purpose to destroy so good Laws and therefore it was not any such Session as was within the intent of the preceding Parliament which was that these should determine when it is a Parliament or Session in which good Laws are made And Doderidge said that it was fit to see the Commission and that that which hath been said was not to bind any one but every one spoke what then he was advised of and peradventure might change upon better consideration And afterwards upon Tuesday on an Assembly of the two Chief Justices the Chief Baron Justice Haughtom Baron Denham Hutton Chamberlain and Jones the Attorney General brought the Commission de 12 Eliz. June 1. and that had these words Pro eo quod nullus Regalis assensus nec responsio per nos Praestat fuit nullum Parliamentum nec aliqua Sessio Parliamenti lata aut tent fuit They have power to adjourn this Parliament thus begun and the Commission to Dissolve this Parliament 28 Feb. Anno. 19 Jac. had the same words saving that he recite that he had given his Royal assent to an Act of Subsidy by which was intended that it should not be a Session and upon view of the Commission the Lord Chief Justice moved that the King was mistaken in this that he had given Power to
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
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
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
Dissolve this Parliament which had not any Session and if it be a Session then he had no power to Dissolve it and then it is as it were a recess and a Parliament cannot be discontinued or dissolved but by matter of Record and that by the King alone and if the Parliament yet continue then this Statute also continue during the Parliament by the Proviso but that would not serve For first it is against the intent of the King and against his Proclamation And also the Case is truly put in the Commission as to the matter in Fact and he is not misinformed but mistaken in the Law and then the Commission for the Dissolving is good semblable to the Lord Chandois Case and other Cases vide in Cholmley's Case but because that all the Judges were not at this Conference therefore it was deferred until the next term and in the interim the Grand Secretary and the Attorney General were to inform the King that the Statute is obscure and had not been put in ure and that we could not agree si divers Sessions sont in vn mesme Parlement le Roy ne signe bille tanque al darren la tout nest que un mesme jour tent avera relation al primer jour del primer Session le primer jour le darren jour nest que un mesme Parlement un mesme jour in ley nisi special mention soit fait in Pact quant ceo prendra force mes chescun Session in que le Roy signe les Billes est un jour a per lui un Parlement a per luy navera auter relation mes a mesme le Session quod not a diversitatem 33. H. 8. Bro. Tit. Parl. Fol. 119. b. num 86. That is in English if there be divers Sessions in one and the same Parliament and the King Signeth no Bill until the last day there all is but one and the same day and all shall have relation to the first day of the first Session and the first day and the last day is but one and the same Parliament and one and the same day in Law unless there be special mention made in the Act when that shall take its force but every Session wherein the King Signeth any Bills is a day by it self and a Parliament by it self and shall have no other relation but to the same Session wherein note the diversity 33. H. 8. When a Parliament is called and doth sit and is Dissolved without any Act of Parliament passed or Judgment given it is no Session of Parliament but a Convention Coke 4. Inst fo 28. vide also 2. Bulstr fo 237. In Hobart's Rep. p. 78. It is St. John's Case there was an Action brought on the Statute 21. H. 6. for not returning one Burgess c. And there it is said the Parliament was as none because there was no Act nor Record of it And in p. 111. Hobart says the 12 Jacobi which if you be judged by the Journal was a large and well occupied Parliament because no Act Passed nor Record is of it was resolved by all the Judges to be no Parliament And now we are come to the Parliament begun and holden at Westminster the 19 of February in the 21 Year of King James which was there continued until the 29 day of May following and then Prorogued to the second day of November Anno 1624. and there in the 28 Chapter is an Act Intituled An Act for continuing and reviving of divers Statutes and Repeal of divers others wherein are these words viz. And so much of one Act made in the 35 Year of the Reign of the said late Q. Elizabeth Intituled An Act to retain the Queens Majesties Subjects in their due Obedience as hath not been sithence Repealed by any other Statute and the other 57 Statutes which are there mentioned shall by vertue of this Act be judged ever since the Session of Parliament in the 7th Year of His Majesties Reign of England to have been of such force and effect as the same were the last day of that Session and from thenceforth until the end of the first Session of the next Parliament Well in the next Parliament begun and holden at Westminster the 18 day of June Anno 1625. in the first Year of King Charlis the I. and there continued until the 11th day of July following and then Adjourned until the first day of August following unto Oxford several Acts Passed and by a special Bill then Past It was Enacted as followeth it is the 7th Chapter in Keeble viz. And all Statutes and Acts of Parliament which are to have continuance unto the end of this present Session shall be of full force after the said Adjournment until this present Session be fully ended and determined and if this Session shall determine by Dissolution of this present Parliament then all the Acts aforesaid shall be continued until the end of the first Session of the next Parliament At the next Parliament begun and holden at Westminster the 17th day of March Anno 1627. in the 3d Year of King Charles the I. there is an Act in the Fourth Chapter Intituled An Act for repeal and continuance of divers Statutes among which in the 21 Section this 35 Eliz. is mentioned thus viz. And so much of one Act made in tho 35 Year of the Reign of the late Q. Eliz. Intituled an Act to retain the Queens Majesties Subjects in their due Obedience as hath not been since Repealed by any other Statute and in the 22d Section it Enacts that this 35 of Eliz by vertue of this Act shall be and continue until the end of the first Session of the next Parliament holden in the first Year of the Reign of our Sovereign Lord the King that now is From that 3d Year unto the 16 there is no mention made as the Observer has truly Remark'd of any thing relating to the 35. Eliz. But in the 16 at the Parliament begun at Westminster the 3d day of November Anno 1640. c. 4. it is Enacted as followeth viz. And be it Enacted by the Authority aforesaid that the Passing of this present Act or of any other Act or Acts or His Majesties Royal Assent to them or any of them in this present Session of Parliament shall not be any determination of the said Session and that all Statutes and Acts of Parliament which have their continuance or were by an Act of Parliament made in the 3d Year of the Reign of His Majestie that now is Intituled An Act for the Continuance and Repeal of divers Statutes continued until the end of the first Session of the then next Parliament shall by virtue of this Act be adjudged ever since the Session of Parliament in the said Third Year to have been of such force and effect as the same were the last day of that Session and from thenceforth until some other Act
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-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
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
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.