Selected quad for the lemma: city_n
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A33959
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A perfect guide for Protestant dissenters in case of prosecution upon any of the penal statutes made against them together with the statutes of 35 Eliz. and 22 Car. 2 at large : to which is added a post-script about ecclesiastical courts and prosecution in them.
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Care, Henry, 1646-1688.
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1682
(1682)
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Wing C531; ESTC R5384
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47,546
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38
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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-Deputy-Alderman or any one Commissoner for the Lieutenancy for the City of London 17. Provided also and be it Enacted by the Authority aforesaid That no person shall by vertue of this Act be committed to the House of Correction that shall satisfie the said Justices of the Peace or chief Magistrate respectively that he or she and in case of a Feme Covert that her Husband hath an Estate of Free-hold or Copy-hold to the value of 5 l. per Annum or personal Estate to the value of 50 l. any thing in this Act to the contrary notwithstanding 18. And in regard a certain Sect called Quakers and other Sectaries are found not only to offend in the matters provided against by this Act but also obstruct the proceedings of Justice by their obstinate refusal to take Oaths lawfully tendered unto them in the ordinary Course of Law Therefore be it further Enacted by the Authority aforesaid that if any person or persons being duly and legally served with Process or other Summons to appear in any Court of Record except Court-Leets as a Witness or returned to serve of any Jury or ordered to be examined upon Interrogatories or being present in Court shall refuse to take any Judicial Oath legally tendered to him by the Judg or Judges of the same Court having no legal Plea to Justifie or excuse the refusal of the same Oath or if any Person or Persons being duly served with Process to answer any Bill exhibited against him or them in any Court of Equity or any Suit in any Court Ecclesiastical shall refuse to answer such Bill or Suit upon his or their corporal Oath in cases where the Law requires such Answer to be put in upon Oath or being summoned to be a Witness in any such Court or ordered to be examined upon Interrogatiories shall for any Cause or Reason not allowed by Law refuse to take such Oath as in such Cases is required by Law That then and in such Case the several and respective Courts wherein such refusal shall be made shall be and are hereby enabled to Record Enter or Register such refusal which Record or Entry shall be and is hereby made a Conviction of such Offence and all and every person and persons so aforesaid offending shall for every such Offence incur the judgment and punishment of Transportation in such manner as is appointed by this Act for other Offences 19. Provided always That if any person or persons aforesaid shall come into such Court and take his or their Oath in these words I do swear that I do not hold the taking of an Oath to be unlawful nor refuse to take an Oath on that Account 20. Which Oath the respective Court or Courts aforesaid are hereby Authorized and required forthwith to tender administer and Register before the Entry of the Conviction aforesaid or shall take such Oath before some Justice of the Peace who is hereby Authorized and required to Administer the same to be returned into such Court such Oath so made shall
any house or other place where they shall be informed any such Conventicle as aforesaid is or shall be held as well within Liberties as without and take into their Custody the persons there unlawfully assembled to the intent they may be proceeded against according to this Act. And that the Lieutenants or Deputy-Licutenants or any Commissionated Officer of the Militia or other of his Majesties Forces with such Troops or Companies of Horse and Foot and also the Sheriffs and other Magistrates and Ministers of Justice or any of them jointly or severally within any the Counties or places within this Kingdom of England Dominion of Wales or Town of Barwick upon Tweed with such other assistance made to them respectively under the hand and Seal of any one Justice of Peace or chief Magistrate of his particular information or knowledg of such unlawful Meeting or Conventicle held or to be held in their respective Counties or places and that he with such assistance as he can get together is not able to suppress and dissolve the same shall and may and are hereby required and enjoyned to repair unto the place where they are so held or to be held and by the best means they can to dissolve dissipate or prevent all such unlawful Meetings and take into their Custody such and so many of the said persons so unlawfully assembled as they shall think fit to the intent they may be proceeded against according to this Act. 10. Provided always That no dwelling House of any Peer of this Realm where he or his wife shall then be resident shall be searched by Virtue of this Act but by immediate warrant from his Majessiy under his sign Manual or in the presence of the Lieutenant or one Deputy-Lieutenant or two Justices of the Peace whereof one to be of the Quorum of the same County or Riding 11. And be it further Enacted by the Authority aforesaid That if any Constable Headborough Tythingman Church-wardon or Overfeer of the Poor who shall know â—r be credibly informed of any such Meetings or Conventicles held within his Precincts Parishes or Limits and shall not give information thereof to some Justice of the Peace or the chief Magistrate and endeavour the Conviction of the parties according to his Duty but such Constable Headborough Tythingman Churchwarden Overseers of the Poor or any person lawfully called in aid of the Constable Headborough or Tything-man shall wilfully and wittingly omit the performance of his duty in the execution of this Act and be thereof convicted in manner aforesaid he shall forfeit for every such offence the sum of 5 l. to be levied upon his Goods and Chattels and disposed in manner aforesaid And that if any Justice of the Peace or chief Magistrate shall wilfully and wittingly omit the performance of his duty in the execution of this Act he shall forfeit the sum of 100 l. the one moiety to the use of the Informer to be recovered by Action Suit Bill or Plaint in any of his Majesties Courts at Westminster wherein no Essoin Protection or Wager of Law shall lie 12 And be it further Enacted by the Authority aforesaid That if any person be at any time sued for putting in execution any of the Power contained in this Act otherwise than upon Appeal allowed by this Act such person shall and may plead the general issue and give the special matter in Evidence and if the Plaintiff be Nonsuit or a Vordict pass for the Defendant or if the Plaintiff discontinue his Action or if upon demur Judgment be given for the Desendant every such Desendant shall have his full treble Costs 13. And be it further Enacted by the Authority aforesaid That this Act and all clauses therein contained shall be construed most largely and beneficially for the suppressing of Conventicles and for the justification and encouragement of all persons to be employed in the execution thereof and that no Record Warrant or Mittimus to be made by vertue of this Act or any proceedings thereupon shall be reversed avoided or any way impeached by reason of any default in form And in case any person offending against this Act shall be an Inhabitant in any other County or Corporation or flie into any other County or Corporation after the offence committed the Justice of Peace or chief Magistrate before whom he shall be convicted as aforesaid shall certifie the same under his hand and seal to any Justice of Peace or chief Magistrate of such County or Corporation wherein the said person or persons are Inhabitants or are fled into which said Justice or chief Magistrate respectively is hereby authorized and required to levy the penalty or penalties in this Act mentioned upon the Goods and Chattels of such person or persons as fully as the said other Justice of Peace might have done in case he or they had been Inhabitants in the place wlfere the offence was committed 14. Provided also That no person shall be punished for any offence against this Act unless such offender be profecuted for the same within three months after the offence committed and that no person who shall be punished for any offence by vertue of this Act shall be punished for the same offence by vertue of any other Act or Law whatsoever 15. Provided and be it further Enacted by the Authority aforesaid That every Alderman of London for the time being within the City of London and the Liberties thereof shall have and they and every of them are hereby impowered and required to execute the fame power and authority within London and the Liberties thereof for the examining convicting and punishing of all offences within this Act committed within London and the Liberties thereof which any Justice of Peace hath by this Act in any County of England and shall be subject to the same penalties and punishments for not doing that which by this Act is directed to be done by any Justice of Peace in any County of England 16. Provided and be it Enacted by the Authority aforesaid That if the person offending and convicted as aforesaid be a Feme-Covert cohabiting with her Husband the penalty of 5 s. or 10 s. so as aforesaid incurred shall be levied by Warrant as aforesaid upon the Goods and Chattels of the Husband of such Feme-Covert 17. Provided also That no Peer of this Realm shall be attached or imprisoned by vertue or force of this Act any thing matter or clause therein to the contrary notwithstanding 18. Provided also That neither this Act nor any thing therein contained shall extend to invalidate or avoid his Majesties Supremacy in Ecclesiastical affairs but that his Majesty and his Heirs and Successors may from time to time and at all times hereafter exercise and enjoy all Powers and Authority in Ecclesiastical affairs as fully and as amply as himself or any of his Predecessors have or might have done the same any thing in this Act