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 POSTSCRIPT ABOUT Ecclesiastical Courts, And PROSECUTION in Them.  
LONDON, Printed for R. Baldwin. 1682.   

The Preface.  
'TIs the Common Practice now adays, for base and mercenary Pens to pass the worst Censures upon the best Intentions of Men. The Arguments that follow are all grounded either upon Scripture and Reason, or upon Equal Justice and Prudent Morality; and those not enforced with Heat and Passion, but with all the Mildness and Submission imaginable; which argues the Fairness and Honesty of the Design, viz. to procure, if it may be done, a happy Union between Protestants and Protestants; whom it rather mainly concerns to join their Forces against the Common Enemy of their Profession, than to make themselves the Scorn and Triumph of Popish Cunning, by a needless Separation; which, if duly considered, would soon be found unhappily fomented and increased by the encouraged Emissaries and Scribbling Bravoes of Rome. Is it not apparent, how they already begin to undermine and blow up the Truth of the late Horrid Plot, so miraculously discovered? To which purpose, is it not likewise apparent what daily Affronts they put upon the King's Evidence, to the end that by rendering their Persons, and whatever they have said or sworn, ridiculous, they may be the better able to raise a Mist before the Eyes of the People, and then totally withdraw the Plot from their Belief? Is it not apparent how vigorously they assail the whole Body of the Dissenters, Men of Religious, Serious, Upright, and most Loyal Principles, under the scandalous Names of fanatics and whigs; and by throwing the Failings and Misdemeanours of some few upon all (this Earth not affording that Happiness to the most Holy Society in the World, of being without some Hypocrites and bad Men) to cast an Odium upon above a third part of the most Industrious and Wealthy Part of the Nation, on purpose to enervate and impoverish the Protestant Interest, and make the softer and more easy way for Popish Intrusion? Enormities much more deserving the Punishment of Penal Laws, than Public Meetings for the Worship of God.  
Upon which Considerations, it cannot be looked upon certainly by Persons of truly pious and cordial Affection for the Good of their Country, as a Design either dishonest or factious, to vindicate, so far as may stand with Equity and good Conscience, the Protestant Dissenters from the heavy Imputations of Schism, Sedition, and Disloyalty, every day cast upon them, though most undeservedly, by the Pope's Weekly Drudges here in this City. To which end, the Design of these few Sheets is to more than to plead their Cause, with all modesty and submission, before the Tribunals of Justice and Divine Charity; to rectify the judgements of Persons misguided by Mercenary Scribblers, by setting forth the Nature and Ends of these Meetings, and the dangerous Consequences of setting up a Protestant Persecution, to the encouragement of those Pests of the Kingdom, ignorant and greedy Informers.  
And because a Sight of the Statutes themselves may be necessary to those that have them not, they are hereunto annexed; there being nothing more Moral than the Reason of Self-Preservation in a Legal and Orderly Way; which they that seek by no other Means than by those of Duty and Allegiance, no other being here propounded, cannot be thought to deviate from the Laws of God or Nature.   

A Guide for Protestant Dissenters, etc.  
THere is nothing that seems a greater blemish to Christianity, than that little Differences about the Exercise of Divine Worship, should cause such Heats and Animosities among Men: And for them whose Business it should be to Preach Unity, Love, and Charity, under the Notion of Church-Government, to instigate and animate the Civil Magistrate to make rigid Penal Laws, to enforce the Consciences of good People, seems in some measure contradictory to the easy Yoke of Christian Obedience. It seems somewhat hard, when a poor Man has by his Industry and Frugality got together a small Subsistence for himself and his Family, that because he is dissatisfied with some few Indifferent Circumstances, that are imposed upon their Consciences, he should be presently laid at the mercy of Rapacious Informers and Officers; that his Goods should be at the disposal of Persons many times fuller of Heat and Passion, than of true Charity; that he should be excommunicated, and consequently under the lash of a Civil Writ, because he will not come to the Parochial Church: as if the Place were so material where God were worshipped, so in any Place he be adored in Spirit and Truth. Nor is this spoken in the least in reference to the Civil Government, but only in point of Divinity. It is apparent by the very Prefaces of the Acts themselves hereby intended, that the Civil Magistrate aims at nothing but what is Right and Just; to prevent Sedition, for the Good and Quiet of the Kingdom. But 'tis to be feared, that want of Charity in others, and too much addictedness to Opinionated Severity, sways others to extend the lawful Pretence of the Civil Power beyond the Bounds and Limits of the Legislaters Intention; in regard that for the Ministry to aggravate Civil Crimes upon their Brethren, and incense the Sword of Justice, appears no where in Scripture agreeable to Christian Doctrine.  
There are two Statutes, that of the 35th of Elizabeth, and the 22d. of His present Majesty, that create the loud Complaints that run through the whole Nation: And yet the Proems of neither of those Acts seem to allow that Rigour which is at this time meditated by some Persons, and descended perhaps with too much heat in the Pulpit.  
The Preamble of 35 Eliz. runs thus: For the preventing of such great Inconveniencies and Perils as might happen and grow by the wicked and dangerous Practices of SEDITIOUS SECTARIES and DISLOYAL PERSONS.  
The Preamble of the 22d. of His present Majesty runs thus: For providing farther and more speedy Remedies against the growing and dangerous Practices 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.  
Here are two Statutes, by which most Lawful and most Necessary Provision is made for the Preservation of the Peace and Quiet of the Government. Now, if it should be asked, What the Civil Magistrate requires from hence? It is to be answered, in general, Obedience, Passive and Active; Tranquillity, Public and Private: and particularly, That no Disloyal Persons, nor Sectaries, shall meet, under pretence of Tender Consciences, to contrive Insurrections. Hence it is submissively presumed, That if the Subject live dutifully towards his Prince, free from giving occasion of Civil Disturbance; amicably toward his Neighbour; pay those Duties and Taxes which the Law or Custom imposes; and actively, if he be always ready with his Sword in his hand to defend his Prince and Country; the Prince does not regard the inward Consciences of such Subjects, nor their inconsiderable Differences in Matters of Ceremony; so that the Religion which they profess be not contrary or opposite to the Established Law and Government of the Kingdom. And it is plain, that the Law extends itself no further than Sectaries and Disloyal Persons, as being looked upon by the Law to be the most likely Persons to contrive Insurrections, and disturb the Peace of the Nation.  
Leaving then the Civil Power to its self, the Question is between the Dissenters and their Opposers, What a Sectary is? For it is supposed, That if the Ecclesiastical Wrath were appeased, the Displeasure of the Civil Power might the more easily be atoned.  
Now then Sectaries must either be Heretics or Schismatics. Heretics the Dissenters cannot be; for they do not err in Fundamentals; for such a one is a Heretic. The next Question than will be, Whether they be Schismatics? What is a Schismatic? A Schismatic is one that holding firm the same Foundation of Faith, departs from some Ceremony of the Church, obstinately, and out of ambitious Ends. Thus it appears, that Obstinacy and Ambitious Ends are the Distinctions that make a Schismatic. From whence it is apparent, that there may be some Grounds and Reasons why a Man may descent from some Ceremony of the Church, and yet be no Schismatic. For example: Obstinacy is the opposite to Constancy; Ambitious Ends, or Self-Interest, as being a Contempt of Conscience, the Opposite to Integrity. So than if a Man dissents from any Ceremony of the Church out of Integrity, which is a Virtue by which we yield up our Obedience to God, though imperfect, yet without Hypocrisy; or out of Constancy, by which a Man resolves to persist in the Knowledge of God and his Worship to the end, he can be no Schismatic. For the Dissenters and their Opposers agree in the same Knowledge of God, in the same Sacraments, and the same Worship; only the Dissenters disallow some outward adiaphorous Ceremonies of their Church. Again, To make them Schismatics, that is, Obstinate or Ambitious Dissenters, there must be Conviction and Contumacy: But in regard that neither the one nor the other appears against them, it follows, That they descent out of Integrity and Constancy, and consequently are no way liable to the Severity of the Statute, especially if the Preamble, as it is taken in Law, be the Key of the Statute. Seeing then that the Dissenters, where there is no proof of Petulancy or Ambitious Ends, cannot be said to be Schismatics, and consequently not obnoxious to the Law, it remains, that they must be Brethren, professing the same Fundamentals of Doctrine and Worship. And then it seems very hard, That the Severity of Persons who call themselves Divines, and Teachers of the Doctrine of Charity, should stretch and strain a Law to encourage Accusers of the Brethren, and to lay violent hands upon those, to whom it never meant any disturbance. And 'tis looked upon as a strange and unhappy disagreement between the Common Lawyer and the Divine, that the one should take it for a Charitable Maxim, That Summum Ius est summa Injuria; while Men that pretend to be actuated by Divinity, and the Example of Christ, pressing Summum Ius yet with so much inveteracy, advance Summam Injuriam, to the prejudice of Brethren, for inconsiderable Differences. Blessed are the Peacemakers, saith our most charitable Saviour. Which Sacred Truth of his, from his own Lips, creates a just Appeal to all Rational Men, how far dissonant from this Doctrine of their Head and grand Instructor those Persons are, who avoiding the healing Doctrine of Unity, make their Pulpits ring with nothing but corrosive Invectives and Satyrs against Friend and Foe, Brethren and Schismatics, under the general Notion of Fanaticism; forgetting the constant Rule, That he only teaches well, that well distinguishes. Certainly it can never be thought that it should proceed from the Dictates of Reason and Conscience, that they who ought to come with Healing in their Doctrine, should make it their Business to exasperate and incense the Civil Power, merely to establish an unlawful Hierarchy over the Consciences of their Brethren. They that first shook off the Roman Took, thought it expedient not to make a total and absolute Change; but guided by Reasons of State, left several of the Ceremonies, Popish Ceremonies, untouched, which remain among us to this day; as, the Surplice, and with some th● Railed Altar, Second Service there performed, Tapers, with this difference, that the Papists are lighted, and ours not; and lastly, a particular Reverence to the East, as if God were more individually present in the Chancel, than in the Belfry. But now that the State has no occasion for those Fears, now that the People universally desire to be freed from these Relics of Superstition, for some Persons to insist upon it, and with so much obstinacy impose as a Duty, what was only retained for State-convenience, as to raise a Persecution of Tender Consciences for the sake of pure Ceremony, it is believed, that were those famous Reformers now alive, they would not have been angry with those that so readily sought the Accomplishment of what they left imperfect. The Law was made to punish Mutiny, Rebellion, and Insurrection, against the State and Civil Government; not to harrase the Liberties and Properties of Men for not conforming to the Impositions of Ecclesiastical Ambition. What though the Civil Magistrate have been so careful to make Provision for the Repose and Quiet of the Kingdom? it may be thought a hard Chapter, that the peevishness and choler of some Men should turn the Stream of that Rigour, where no Proof is made, upon pretence of Breach and Disobedience. How ill will it sound in the Ears of Posterity, when they shall hear of Protestants being so severely dealt with for Trifles of Difference? How much does it at present advance the mirth of Popery, to see the Protestants doing their Business, and by some ●●ing Disunion among themselves, opening a way for Self-destruction, and the Inroads of Superstition, which otherwise the Papists were never able to hope for. Certainly the Profession of Divinity teaches Men to be of another Temper, and to have a Chancery of Charity always open in their Hearts, to mitigate and compose, not to exasperate and provoke the Civil Magistrate, especially in Concerns not of the Government, but of their own Interest. Some People will not have their Children signed with the Cross; others meet about five together in a place; and therefore let them be fined, let their Goods be seized and embezel'd, and their Persons imprisoned: For the Law is of our side, and we will not remit a Tittle of its utmost Rigour. A severe way of Proceeding, that can never be thought agreeable to the Examples or Doctrine either of Christ or his Apostles. If such Persons did but consider how much more fragrant the Memory of a Cranmer smells in History, than that of a Bonner, they would surely steer another Course. Nor can they be thought well to weigh with themselves that of Vis unita est fortior, and the Doctrine of the divided House, while by a fatal disagreement with their Brethren about outward Forms and unnecessary Circumstances, they render themselves less able to withstand the Impetuosity of daily- menacing Popery. That is nothing, the Decree is gone forth, and must be obeyed; and though the Preamble of the Law may be avoided, the Body of it, more explanatory of itself, admits, no Evasion. For the Law positively says, That if any Person or Persons, above the Age of Sixteen years, etc. shall be present at any Assembly, Conventicle, or Meeting, under colour or pretence of any Exercise of Religion, in other manner than according to the Liturgy and Practice of the Church of England, etc. Where there shall be Five or more Persons assembled, over and above those of the Household, etc.  
As to the first part of the Words, Whoever shall be present at any Assembly or Meeting, under pretence or colour of any Exercise of Religion, etc. some Questions do arise upon the fair account of Reason and Policy.  
1. Whether the meaning of the Words extend themselves to such an Exercise of Religion which is truly Christian, and according to the direct Interpretation of Scripture?  
2. Or whether only such a Religion as carries only a pretence and colour, without any truth and sincerity?  
As to the first, it is most certain, That the most pure and Christian Exercise of Devotion carries with it a pretence and colour, as well as the false one, though it be only that of serving and performing our Duty to God.  
Now than it can never be imagined, that the Intention of this Law was ever to prevent the Exercise of Devotion and true Piety. let the Place or the Number be more or less, in a rational Proportion. For, if so, the Statute would be void in itself; in regard that all unbyass'd Casuists, Lawyers, and Divines agree, That all Humane Laws made against the Law of God, are ipso facto annulled as to any Obligation upon the Conscience.  
Seeing therefore it cannot be thought, that this Law intendeth the Destruction of itself, there must be a looking backward to the Reason and Policy of the Law, which from the Preamble is apparent to be only the prevention of Disloyalty and Insurrection, for the Repose and Tranquillity of the Kingdom.  
Now then let a Meeting be supposed, though of more than Five or Ten; yet if at this Meeting there be nothing done that tends to Disloyalty, Insurrection, or disturbance of the Public Peace, the Law hath its End, and can take no farther notice, there being no Breach of the Law, and consequently no occasion of Punishment.  
And this is collected from Reason itself; for, should any other Construction be put upon the Words, it would be contrary to the Law of God, as intended to prevent the true and real Worship of God, under pretence of Innovation and Disloyalty. A Thought, an Intention, which it were a Crime to imagine such Worthy and Pious Legislators ever dreamed of, however the meaning of the Law may be strained in the absence of its Makers.  
Now that such a Meaning of the Act, as it is enforced, is contrary to the Word of God, is apparent from the Scripture itself: Acts 28. And Paul dwelled two years in his hired house, and received all that came to him, preaching the Kingdom of God, no man forbidding him. 1 Tim. 2. I will therefore that men pray every where; with several others. Nor will it serve as an Objection, to say, That the Times are otherwise, now that there are such plenty of Public Churches: For, if they be possessed by such as will not admit their fellow-Christians to come together, without prejudice to their Consciences, 'tis the same thing to them, as if those Places were not at all.  
Which being a clear confirmation, that God may be Worshipped in Spirit and Truth in any Place, or at any Time; 'tis as clear, that the Meaning of this Law cannot reach the Exercise of Real Piety. For, if the Worship in itself be Evil, it is not to be endured in Four; if consonant to the Word of God, the Number of Fourscore cannot render it criminal.  
But here in regard there is so much insisting and stress put upon the word Conventicle, it will be much to be clearing the meaning of the Act, to inquire in to the Nature of the word, and whether it be not taken too unwarily in an ill sense, by those that would extend the reason and meaning of this Act beyond its limits?  
A Conventicle then in the general sense is a certain place appointed for the Assembling and coming together of People to some purpose or other; In the particular sense it signifies the Assembly itself there met. If then the purpose be for the sake of Divine Worship, it will be fit next to inquire the Difference between a Church-Assembly and a Conventicle-Assembly. That which constitutes a Church, is an Assembly or Congregation of people called to the state of Grace by Prayer, by Teaching and Hearing the Word, and the due administration of the Sacraments. The Efficient cause of this Assembly is the Holy Trinity, in general, particularly Christ. The form of this Assembly consists in a double Communion of the Assembly with Christ as the Head, and of the particular Members among themselves. The matter of this Assembly are the persons or several Members called to the Covenant of Grace. The end of this Assembly is the glory of God, and their own Salvation. The marks of the real Christianity and legality of this Assembly are the true Preaching the Word, and due Administration of the Sacrament? If then the same substantial Efficient cause, the same substantial matter, the same substantial Form, the same substantial end, the same substantial Marks of a truly Christian Assembly be found in a House or any other convenient place, though not adorned with Steeples or Stone Arches, call them Presbyterians or Dissenters, or what you please they centre the main fundamentals of Faith and Doctrine, differ only in some slight and outward Ceremonies, and are therefore an Essential Body of the Protestant Religion. And if there be any External Circumstances in dispute, they are to be argued and determined among themselves, not by the Arbitrary Power of a Justice of the Peace, who is an Officer only of the Peace, and not of the Conscience. So that it can never be thought that the determination of Christian Prudence will ever grant it to be rational that this Law was ever made for the prevention of such Conventicles, which must prove the suppression of much true Piety and Devotion. This makes some people think that Ecclesiastical Jurisdiction is in a very weak condition and most deficient of itself, when it is so earnest and clamorous after the Assistance of the Civil Magistrate. And indeed it is easily demonstrable in Story, that there was nothing more advanced the beginnings of the Reformation of England than the weakness which Henry 8. perceived in the Arguments which the Papists brought against the Reformers in all their Disputes. And therefore a Convocation Dispute had been much more proper for this Controversy than the destructive Arguments of Distresses and Crown Office Writs. Which, if it were put to the Test, there are many that question, whether the Law-Provokers might not come by the worst. For as to those things which are called the Rites and Ceremonies of true Worship, true Religion has none but what God has prescribed in His Word; and they are looked upon, either as parts or helps to our Devotion. As parts of Devotion, they consist in promulgation of the Word, the Administration of the Sacraments and Prayer, which requires also decent composure of gesture and posture. As helps to Devotion, they are divided into Fasting and Vows. And these are all the Rites or Ceremonies of true Worship. Ceremonies of Form, are apt to wander into Superstition if not plain Idolatry. And therefore it is, that some unbiased person, not without Reason, fear, That the Dissenters who have abandoned all, would have much more Argument on their side, than they whoretain some.  
It being thus apparent, that the Law was never intended to prevent such Assemblies, whose only end of Meeting is to Worship and Glorify God, and that too according to the same Fundamentals which the Statute enforcers profess, it now remains to examine, whether the Evidence offered be sufficient to make the Dissenters guilty of the Crimes assigned by the Law, viz. Disloyalty and Insurrection. First then as for colour and pretence, they are only Non-Appearances lodged in the Heart of Man; which are only disclosed to the Omniscience of God himself. And therefore to judge of colour and pretence appertains only to God, and not to any Law: from whence arose that common Maxim, that De non apperentibus, the Law takes no Cognizance. Much less is in the power of an Informer to make Oath of colour or pretence, until colour and pretence break forth into some overt and apparent act which may afford matter for Testimony and proof. From whence it is plain, that unless there be due and sufficient proof made of false Doctrine, seditious words, or contrivances tending to Insurrection and Disloyalty, which are the breaches of the Law; and Law can never punish, where there is no breach committed. Nor does the Conscience of any Magistrate oblige him to sine and levy upon the bare Information of colour or pretence. As for the addition of those words, Do or may contrive, it seems somewhat repugnant to reason, that Plots and Contrivances should ever be carried on in the Public Assemblies of Women and Children; so that the fear seems only to be of the Teachers moving the people to Sedition. But as for that, one would think it should be an Argument rather for the permission of Conventicles, it being a thing far more easy to discover a man that Preaches open Sedition, than one that goes from House to House, clandestinly insinuating the same Doctrine. Nor is this branch Independent, but casts its influence into the whole Crime described and intended by the Act thus embodied.  
If any person or persons shall be present at any Conventicle, etc. under colour or pretence of any exercise of Religion, in other manner than according to the Liturgy and Practice of the Church of England. Perhaps some persons carry away with the present torment of unwary Passion, may from hence assent that there is no other exercise of Religion, that can be truly real and sincere, but only colourable and pretended, which is not performed in the very words of the Liturgy, according to the Common acceptation of the Word in England. To which though there were no other answer to be given, yet the consequent words, and the practice of the Church clearly contradict such an uncharitable Paraphrase, for that in all Parochial Churches it is the general custom to Pray both before and after Sermon. But if the nature of the word Liturgy be duly considered, that 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 or Liturgy is not more than the Office of Prayer: the Compilers themselves call the English Liturgy, an order for Morning and Evening Prayer, or a set Form of Prayer, whereby it becomes only a Species of the Grand Genus Prayer or Oration, by which with a true and humble contrition of Heart, we address ourselves to God, concerning such things as are consentaneous to his Holy Will; and this divided into two parts Invocation, and Thanksgiving. Now suppose that the Liturgy of England, now the most exact Liturgy in the World, as most certainly it is not, it cannot be thought that the Dissenters are obliged by this Statute to use no other Prayers than what are set down in the Liturgy, For then the Law enforcers may be presumed to lie under the Penalties of the Statute themselves. Who after the full performance of all the duties of Prayer, which is ordered in the Liturgy both for Morning and Evening Service, if it may not be said, out of a contempt of the Liturgy, yet somewhat to the discredit of the Liturgy, are never satisfied till they have given it the supplement of their tedious and vainly Ostentatious additions of superexcellent and super-fine: which after a full performance of all the duties of Innovation and Thanksgiving, seems in them a kind of Tautology forbidden in Scripture. However because the Dissenters using the same form of Prayer, though not in the same words, avoid that inconvenience, therefore they must be reduced into obedience to something not well considered what it is, by Constable's and Informers. But there is a more exquisite Liturgy yet, the 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 or Liturgy prescribed by our Saviour himself; which though out of Veneration it be reduced into one Prayer for general use; yet is no other than a set form of Prayer, teaching heedless Mortals, who might else be extravagant in their Petitions, the true matter of Prayer; that is, what we are to implore from God, and what we are to give thanks for, as enjoyed. Examine then the Prayers of the Dissenters, and if they differ either in the Cause, the Matter, the Form, or end from the English Liturgy of Men, mentioned in the Act, or the Heavenly Liturgy of Christ, let them be delivered over to all deserved punishment; but if their Prayers be agreeable to the prescribed forms of both; nay, if they be agreeable to the Celestial Liturgy, though not according to the Verbatim of the Established Liturgy of England; 'tis a hard case that they should by any Statute be adjudged not to exercise such a Religion. If it be objected, that the Notions of many are Abortive, and through weakness may deserve Reprehension, there is an easy way to remedy those Errors by imposing a more equal Injunction by the Authority of Church Discipline, that no person should presume to ascend the Pulpit with ex tempore Raptures.  
For confirmation then that there is no need of using of Form and Order, so the matter be the same, there are many of the Disciples Prayers recorded in Scripture, and there is no question to be made but that they were acceptable to God; and yet we do not read they used the absolute Form prescribed by our Saviour, but expressed themselves in other words, though altogether agreeing for matter.  
Upon the whole, suppose this Question should be put, Whether the Apostles did use any other Form than that which was taught them by Christ? There is, no doubt, but the Answer will be, They did not.  
Put then this Question to the Informer; Did the Dissenters use any other Prayers than what were agreeable to the Church of England? In the first place, 'tis ten thousand to one, whether he be a Competent judge. If he be not, he stakes his Conscience at a dreadful hazard; for it behoves him to Swear positively in the Affirmative, or else in justice his Information, and all his hopes of Gain, are lost. And thus by a rigid Prosecution of uncharitable severity, a necessitous and greedy wretch is brought to this tempting Dilemma, either to Perjure himself, or lose his Expectation.  
Again, The Liturgy itself is not always read altogether; but on some days more, on some days less. The Dissenters perhaps use least of all, yet they use some, for they read the Reading Psalms, A first and second Lesson, and afterwards make use of Singing Psalms: So than it being apparent that the degree of Comparison does not annihilate the subject of the Comparison, it may be presumed that the Dissenters are present at their Conventicles, positively according to the Liturgy of the Church of England. Which things not being considered, how uncharitably do they fall under the censure of Lavish and Inveterate Pulpits?  
In the last place, though it would be very unreasonable to disallow what has been already said; yet should it be contradicted, the next words, or the practice of the Church, will certainly give relief. For it is the practice of the Church of England, to Read and Sing the Psalms of David, to read the first and second Lesson, and so do the Dissenters; many of them also militate under the same Ordination: And if there be any that do not, 'tis presumed they might soon be better advised, the refusal deserving reproof if they may be admitted, being certainly to be looked upon as an obstinate piece of weakness. But which is more, as to the Harmony of practice, they use the same Sacraments, though perhaps with some small difference in the Form and Ceremony of Administration, which one would think might be easily reconciled without all this Combustion.  
There is one thing more to be considered upon the account of Moral Equity: That though the Act of Uniformity made in this His Majesty's Reign, it is here expressly declared, That no other Form or Ceremony shall be used, but what is prescribed in that Act, or in the Book of Common Prayer: Yet both by the Act and the Book it plainly appears, that the Prosecutors of the Dissenters make no scruple to descent from what is there Enacted, while they use several Ceremonies that are not there, and omit much of what is there, as their going up and bowing to the Altar, and reading second Service there. Their coming out of the Pulpit, and reading Part of the Communion Service in their Desks, or at the Altar again, and giving no Blessing at all in Pulpit: Their setting the Communion Table Altarwise, Richly adorned at the East end of the Church, whereas it ought to be placed either in the Body of the Church, or in some convenient place, Covered with a clean Linen-cloth. Their Turning their Faces all of a Sudden to the East, and bowing to the Name of Jesus, and not at the Name of God or Christ.  
These Dispensations argue an apparent Nonconformity, or Over-Conformity; the same thing in strickness and partiality one among another: So that it seems a Transgression not only against Charity, but against Common Justice, to prosecute those that do no more than only Non-Conform to those very Ceremonies which they themselves regard less of a public Statute, either neglect, or over act at their own will and pleasure.  
And for a further confirmation of the Nonconformity of our most Regular (so pretending themselves) Conformists, point blank even against the very Law of the Land; let them that please but consider, how many there are that dispense with Nonresidence, and Pluralities, to the deteriment of many deserving persons that want, and positively against the Statute of the 21 of H. 8. and yet no question but they would think it hard measure to be prosecuted upon that Law. So Partial is a man to forgive those failings in himself, which he Prosecutes in others.  
However, because all the meekness of Persuasion and Argument will not stop the Career of some men's Impetuosity in the Prosecution of this Act, it will not be from the purpose to cast an Eye upon the Executive part of the Statute. In order to which the most considerable Instructions are couched in the first and eleventh Section. The Instructions of the first Section run thus.  
That it shall and may be lawful to and for any one or more justices of the Peace within the limits, etc. Where such Offence shall be committed, or for the Chief Magistrate of the Place or Corporation, and upon proof of such Offence, either by the Confession, or Oath of two Witnesses, or by Notorious Evidence and Circumstance of the Fact, to make a Record under their Hands and Seals, which Record shall to all intents, etc. be taken to be a full Conviction, that thereupon, the said Justices, etc. shall impose the sum of, etc. From which words it is clear, that by this clause no power is given to any Magistrate to make out any general Warrant upon this Act till after Conviction by two Witnesses, or Confession of the Offender. Neither has any Constable to do with any such general Warrant in reference to this Act, unless the Warrant grounded upon such a Record as is mentioned in the Act, upon confession or proof and conviction of the Party by two Witnesses be given into his hands. Whence arises this Question, Whether any Constable or Head-borough that acts in relation to this Statute, by virtue of a Power not Authorized by the literal words of the Law, do not act at his own peril?  
2. Whether he shall incur any penalty for not doing that which the Law requires not at his Hands?  
For by this part of the Law it is required only that the Witnesses should be the Informers. But by general Warrants the Constables, etc. are compelled to turn Informers themselves, and to find themselves work to accuse their Neighbours on purpose to find themselves yet more work to disturb and distrain upon their Goods and Persons: A duty which the literal sense of this Paragraph does not in the least impose upon them.  
But the Eleventh Section is more particular in these words:  
And be it farther Enacted, etc. That if any Constable, etc. who shall know or be credibly informed of any such Meetings held within his Precinct, and shall not give Information thereof, etc. according to his duty, and endeavour the Conviction of the Parties, but shall wilfully omit the performance of his duty in the Execution of the Act, and shall be convicted thereof, shall forfeit the sum of five pounds.  
By this Paragraph it is very plain indeed, that if the Constable do either know of himself, or be credibly informed, and do not do his duty he forfeiteth 5 l. but still if he neither know nor be credibly informed, he is not bound to be so sedulous as to go upon the Hunt. But suppose the Constable, etc. should either know of himself, and be credibly informed, and should do his duty, that is, give Information, and should receive a Warrant to break open the House and enter: yet finding nothing of Resistance, he is still but where he was, in regard that not having been there from the beginning to the end, he cannot be positive, whether the Persons there Assembled did exercise a Religion according to the Liturgy or Practice of the Church of England or not, which if they did, he has no power either to take their Names, or apprehend their Persons, unless they should be so imprudent as to make resistance, and give an occasion for their Military Power to be raised for their suppression, for then as Mutineers and Seditious persons, they break their own peace by disturbing the Kings, and by making it appear they are the Persons intended by this Act, render themselves obnoxi us not only to the Penalties of this but of much more severe Laws. From which enjoining of the Military Officers to be aiding and assisting to the Constables with armed Force, Reason may not improperly collect the sense and meaning of the Act to be no other than what has been already presumed. For Armed Force and Constable's, could never be intended by the Law against Passive submission and obedience. Naked Swords and Constables Staves could never be intended by Christian Legislators to compel the compliance of sincere and upright Conscience, to things of small concernment in respect of those Fundamentals wherein the Prosecutors and the Prosecuted both agree. And therefore while the Civil Magistrate has taken such extraordinary care for the public safety and tranquillity of the Nation, it should not be the aim of others to carve out for them their Care, the support and maintenance of any By Interest whatever: An aim too apparent, by their public dissatisfaction, and open exclaiming against that noble Act of his Majesty's most Royal Goodness, His Declaration for Liberty of Conscience (too unhappily severe those Counsels that removed the Landmark of his Regal Benignity. A presumption that they believe themselves more worthy or more able to manage that part of Prerogative themselves, and grudge him the exercise of his Right. Whereas the Legislators with more Duty provide that nothing in their Act shall extend to invalidate or avoid his Majesty's Supermacy in Ecclesiastical Affairs. But the Dissenting Protestants acknowledge their Sovereign to be both King and Priest: A King as he is the Supreme Head of the Government; a Priest as the Supreme Head of the Church. To whom, as their lawful Sovereign and Head of the Government, as they have been always ready to yield the utmost of their obedience, so shall they never withdraw from him the utmost of their Fidelity. And from whose Priestly Office they have yet hopes to feel the influences of his former Grace and Mercy, when their Cause shall be better examined. For 'tis not the Exasperation of the Pens of Wicked men continually scribbling Division, nor the Subornations of Popery to fix imaginary Plots, and load their Innocence with the guilt and Villainies of others, but the Truth of their Profession, and their upright walking before God and Man, which they hope will at length turn the Reproaches and Calumnies of their Enemies upon their own Heads. 'Tis Union which all True Protestants desire, which they daily implore from God. There is nothing but Union wanting in this Rich and Plentiful Land. Which as it is only obstructed by Papists, or persons papistically affected, as it is apparent by their daily Machinations and contrivances to unsettle and weaken the true Protestant Interest; so there can be no greater Argument for Protestants to unite with Protestants against the Common Enemy of their Religion. From these and Grounds of the same Nature, there are some who have drawn this general Conclusion, That it would be more conducing to the good of the Kingdom, and the Benefit of the Protestant Religion, that the Penal Laws against Non-Conformists, in reference to differences of Religion, might not be put in Execution, but forborn, till our most Gracious Sovereign, and his great Council the Parliament, should take the state of Divided Protestants into their wise Consideration, and reduce things to a happier Legal Establishment.  
Eor proof of which it may not be altogether improper to give a short Recapitulation of the Reasons brought in defence of the Position.  
1. That it cannot be good to execute the 35 of Eliz. which the whole Parliament thought dangerous to the whole Protestant Interest in England, and did as far as in them lay disannul.  
2. It cannot be proper to execute that Law upon them who cannot properly be guilty of the Crime at which the Law aims.  
3. It cannot be proper to execute any Law upon Dissenting Protestants, which was promoted by men Popishly inclined, and which since appeared to be Papists, as was the Five Mile Act.  
4. Because it seems somewhat preposterous to rid the Land of Dissenting Protestants, persons professing true Religion and Loyalty, yet leave the Papists the Enemies of the King and Church to stay behind.  
5. Because the Penal Laws are to be inflicted upon the proper objects, as Seditious Sectaries, disloyal persons, Hypocrites, that make Religion a cloak and pretence to install principles of Schism and Sedition, not upon Meetings where there is no tendency to any such Designs.  
6. A sixth Argument is drawn from the Piety of the Non-Conformists Principles, and the Peaceableness of their Behaviour, found so to be from the Experience of many years.  
7. Because they are Protestants; and it seems not so well done to use Protestants, the Kingdoms Friends, and Strength worse than Papists, the Enemies of the Kingdom and Protestant Religion.  
8. Because it is not good to execute the Law with a heavy Hand upon all and every Offender, without making a difference between one man and another, between one Offence and another.  
9 Because by their public Preaching their judgements and practices are best discovered, and being in the Head of the younger Dissenters, they are as Directions and Examples to them, to keep them from dangerous Excursions.  
10. Because that when pious and good men have their public Liberty, and make use of that Liberty only to instruct the People in their Duty to God and the King, etc. one chief end of the Magistrates care of the State is obtained, which is to maintain sound Doctrine.  
11. Because thereby they will be better enabled and encouraged to perform other good Offices to the King and State.  
2. Then in Reference to the Church, these Reasons are added:  
1. Because agreeing in Fundamentals with their Prosecutors, they are a great Addition of Strength against the force and subtleties of Rome.  
2. Because thereby Schism will come to a greater closure, when the Church shall be satisfied in their profitable Doctrine and peaceable Behaviour, which will create a greater desire of Peace and Union.  
3. Because by this public Preaching, Multitudes of poor Souls that will go no where else, are in the way of Salvation and Profession of the Gospel, of which some Divines of the Church of England are so deeply sensible, that they Treat the Non-Conformists as Friends and fellow Labourers.  
All which Reasons are more at large discussed in the Conformists Plea for the Non-Conformists, to which the Reader is referred.  
There remains now no more than only the humble Proposal of some few Queries, and so to conclude. First in Reference to the Church.  
1. Whether a Dissenter may be lawfully prohibited from Preaching the Word of God in truth and sincerity, at any time, or in any place?  
2. Whether by the blessings and rewards that are promised to those that propagate the Doctrine of Christ, they are not obliged to do it?  
3. Whether the Example of Christ and his Disciples does not admit of Preaching in Houses, Streets and Fields to more than five in a Company?  
4. Whether it be not something Erroneons for the Law of Man to contradict the Law—  
5. Whether the Passive Obedience of Persons prohibited by a Law from preaching the Word of God, be not destructive to the propagation and maintenance of the Gospel of Christ?  
2. In reference to the Law of the Land.  
1. Whether the Opinion of the Commons of England, That the prosecution of Protestant Dissenters, upon the penal Laws, is at this time grievous to the Subject, a weakening of the protestant Interest, and an encouragement to Popery, and dangerous to the peace of the Kingdom, ought not to be taken into a more serious Consideration?  
2. Whether the prosecution of Dissenters does not seem a little strange, as to the present timing of it, when the Papists lie under several Convictions of seeking the Ruin of the protestant Religion in the Kingdom, and when the Kingdom is under such fears and Jealousies of the Predominancy of their Abettors?  
3. Whether it be not more proper to begin with Popery before they go about to extirpate Nonconformity?  
4. Whether they who have with so much inveteracy raked into the forgotten and pardoned Miscarriages of the Presbyterians, had not better have spared their pains, as nothing at all to the purpose, except to what is unbecoming either peaceable or wise men?  
5. Fifthly, Whether a Law that creates Arbitrary Distresses and Imprisonments, be not contrary to the Fundamentals of Magna Charta.  
3. In Reference to the Law of Scripture and Nature.  
1. Whether the proceedings of the Law enforcers be not contrary to the Doctrine of Christ, Whatever ye would that men should do unto you, do ye even the same unto them, for this is the Law and the Prophets?  
2. Whether it be according to Scripture; For Protestants acknowledging the same Jesus, the same Scripture, and agreeing in the Fundamentals of Religion, only for differences in human Ceremonies to tear and devour one another?  
3. Whether in point of Appeal to make Parties themselves Judges, be a thing usual?  
4. Whether in the prosecution of Protestants by Protestants, to make use of Informers and Promoters, which the Lord Cook calls, Turbiolum Hominum Genus, instead of Christian advice and solid Arguments, be according to Scripture?  
4. In point of Policy.  
1. Whether it be not against the Rules of Policy, for Englishmen of the same Religion, by cruelties and severities to destroy one another, which must of necessity weaken the Force, and destroy the Trade of the Nation? It being one of the Lord Cook's Maxims, That a King can never be poor when his Subjects are Rich; And therefore,  
2. Whether it be not against the Rules of Policy to set up a Law for the encouragement of vexatious Informers, who under the reverend Mantle of Love and Justice (to use the Lord Cook's own words) instituted for the protection of the Innocent, and the good of the Commonwealth, vex and depauperize the Subject for malice and private ends, never for love of Justice?  
3. Whether it be not contrary to the Rules of prudence to make attempts in fruitless undertake, since it is found by Experience, that persecution rather increases than appeases Enmity, and the common Maxim is, that Sanguis Martyrum est semen Ecclesiae?  
4. Whether forbearance and mildness would not absolutely remove the scandal given to the protestant Churches abroad, and endear us to our Foreign protestant Alliances?  
5. Whether it be prudence to afflict Protestants at home, when we entertain afflicted Protestants from abroad?  
6. Whether by these unnatural Divisions the necessary Leagues and Ties of Friendship and acquaintance, common Trust and Confidence among men, may not in time be broken, to the ruin of all Society?  
7. Whether the wicked distinctions of Tory and Whigg, etc. were not set on foot to increase the Dissensions between Protestants, and whether the Invention and the Malicious continuance of them, do not deserve a punishment equal to the worst of Felonies?  
5. In Reference to the Executive part.  
1. Whether the Issuing out of general Warrants by the Justices of the Peace not Authorized by the Statute, do not render them obnoxious to other Laws.  
2. Whether it be not almost morally impossible to Swear a Dissenters Meeting to be contrary to the Liturgy or practice of the Church of England, where there is no overt act of public Disturbance, or seditious Doctrine?  
3. Whether the prosecution of this Law do not afford several advantages to the spiteful and revengeful to reck their Spleen upon their Neighbours upon every slight disgust or falling out?  
4. Whither it do not afford great opportunitis of Combination between some needy Justice of the Peace, and their more needy Associate the Informer, to prosecute unlawful Gain; it being the general complaint of treble distresses made without any Return?  
5. Whether the Constable not being authorized to break open any door, or force and Gate or Hedge, if the Informer be so foolhardy as to do either, and the Constable follow him, the Constable and the Informer are not liable to the Law?  
6. Whether there be any Penalty above 5 l. (directed by this Act) to be laid upon a Constable that shall be negligent in making Distresses pursuant to his Warrants, it being a tried 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 expressly 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 virtue 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, etc.  
An Act to retain the Queen's Majesty's Subjects in their due obedience.  
FOr the preventing and avoiding of such great inconveniences and perils 
Rast. Stat. vol. 2. c. 1. fo. 397.  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, 
This Parliament began the 19 of February, in the 35th of the Queen, and was dissolved the 10th of April following.  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 Majesty's 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 Majesty's Subjects or any other within her Highness' Realms or Dominions, to deny, withstand, and impugn her Majesty's 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 Majesty's 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 join 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 Bail or Mainprize, 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 Majesty's 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 Public Confession and Submission as hereafter in this Act is appointed and expressed, being thereunto required by the Bishop of the Diocese 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 Assizes and Gaol delivery, 
Abjure.  Abjure this Realm of England and all other the Queen's Majesty's 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 entered of Record before them, and shall certify the same to the Justices of Assizes and Gaol delivery of the said County, at the next Assizes or Gaol-delivery to be holden in the same County. And if any such offenders which by the tenor 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 Majesty's Realms or Dominions without her Majesty's 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 Tenor 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 Public and open Submission and Declaration of his and their Conformity to her Majesty's 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 acknowledge, 
The form of the Submission.  that I have greivously offended God in contemning her Majesty's Godly and lawful Government and Authority, by absenting myself 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 acknowledge and testify in my Conscience that no other Person hath or aught 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 Majesty's 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 certify the same in Writing to the Bishop of the said Diocese.  
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 Majesty's Laws and Statutes. That then every such Offender shall lose all such benefit as he or she might otherwise by virtue 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 Diocese, or any Justices of the Assizes of the Circuit, or any Justice of Peace of the County, or the Minister, Curate, or Churchwardens of the Parish where such person shall then be, or by any of them, shall forfeit to the Queen's 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, Wards, Brother or Sister, or his Wife's 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 Queen's Majesty of all and Singular the Pains, Duties, Forfeitures and Payments, which at any time hereafter shall accrue, grow or be payable by virtue of this Act, or of the Statutes made in the 23th. year of her Majesty's 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 Majesty's 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 virtue of this Act, shall be employed and bestowed to such good and charitable uses, and in such manner and form as is limited and appointed in the Statute made in the 28th year of her Majesty's Reign touching Recusants.  
Provided also that no Popish Recusant or Feme-covert shall be compelled or bound to abjure by virtue 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 
39 Eliz. c. 18.  day of February in the 35th year of the Queen's Majesty's Reign that now is, there was an Act made, Entitled, An Act to retain the Queen's Majesty's 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. 
43. Eliz. c. 9 Sect. 18.  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 Entitled, An Act for continuance of divers Statutes, and for repeal of some others. As the 27. Sect. 
Sect. 27.  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, 
King James began his Reign Anno 1602 March the 24th. 1. Jacobi. ca 25. Sect. 13. and 24.  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 Entitled, 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, 
Sessio. 2. 3. Jacob.  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. 
3. Session. 4. Jacobi.  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, 
4. Session. 7 Jacobi.  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. 
Huttons Rep. fol. 61.  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; 
Resolutions upon the Statute of 35 Eliz. c. 1. concerning Sectaries.  the Attorney 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. 
What shall be said a Session of Parliament.  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 entered 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, 
This Statute was Anno 18 Jacobi, and Printed, but is not in any of the Statute Books.  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, than this statute had been discontinued by this Act of subsidy, but when this ends and is determined, then is the Session ended, than it is a session, scil. a Parliament, which ought to be pleaded, at the Parliament holden, etc. 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 Dissolve this Parliament, which had not any Session, and if it be a Session, than 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, than 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 un mesme Parliament & le Roy ne signe bille tanque all darren, la tout nest que un mesme jour, & tent avera relation all primer jour del primer Session & le primer jour & le darren jour nest que un mesme Parliament & 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 altar relation, mes a mesme le Session: quoth 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 itself, and a Parliament by itself, 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 Judgement 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. 
Saint-John versus Saint-John.  It is St. John's Case, there was an Action brought on the Statute 21. H. 6. for not returning one Burgess, etc. 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. 
21 Jac. c. 28  and there, in the 28 Chapter, is an Act Entitled, 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, Entitled, An Act to retain the Queen's Majesty's Subjects in their due Obedience, 
58 Statutes in this Act revived and continued.  as hath not been sithence Repealed by any other Statute (and the other 57 Statutes which are there mentioned) shall, by virtue of this Act be judged ever since the Session of Parliament in the 7th. Year of His Majesty's 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. 
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 Majesty's Royal Assent to this & some other Acts.   
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, than 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. 
3 Car. 1. cap. 4. Sect. 21.  in the 3d Year of King Charles the I. there is an Act in the Fourth Chapter, Entitled, 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. Entitled an Act to retain the Queen's Majesty's Subjects in their due Obedience, as hath not been since Repealed by any other Statute; 
Sect. 22.  and in the 22d Section it Enacts, that this 35 of Eliz, by virtue 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 (
* in his History of the Life and Death of the 35. Eliz. c. 1.  as the Observer has truly Remarked) 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, 
An. 16. Car. 1. cap. 4.  that the Passing of this present Act, or of any other Act or Acts, or His Majesty's 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 Majesty that now is, Entitled, 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, 
An. 16. Car. 2. This 35. Eliz. c. 1. was continued, but that Act (it seems) is since expired.  and from thenceforth until some other Act of Parliament be made, touching the continuance or discontinuance of the said Statutes and Acts in the said Act of the Third Year of His Majesty's Reign continued, as aforesaid.  
And from this Statute we find nothing of the 35 Eliz. cap. 1. till we come to the 16 of his now Majesty, and that Act I have recited here at large, as followeth, Viz.   

An Act to Suppress Seditious Conventicles.  
WHEREAS an Act made in the 35th. 
Keeble St●. fo. 1293. c. 4.  Year of the Reign of our late Sovereign Lady the Queen Elizabeth, 
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.  Entitled, An Act to retain the Queen's Majesty's Subjects in their due Obedience, hath not been put in Execution by reason of some doubt of late made whether the said Act be still in force, although it be very clear and evident, and it is hereby declared, that the said Act is still in force, and aught to be put in due execution.  
2. For providing therefore of further and more speedy Remedies against the growing and dangerous practices of seditious Sectaries, and other disloyal persons, who under pretence of Tender Consciences do at their Meetings contrive Insurrections, as late Experience hath showed:  
3. Be it enacted by the Kings most Excellent Majesty, 
Unlawful Conventicles and Meetings under pretence of Exercise of Religion forbidden.  by and with the advice and consent of the Lords Spiritual and Temporal, and the Commons in this present Parliament assembled, and by Authority of the same; That if any person of the Age of 16 Years or upwards, being a Subject of this Realm, at any time after the first day of July, which shall be in the Year of our Lord 1664, shall be present at any Assembly, Conventicle, or Meeting, under colour or pretence of any Exercise of Religion, in other manner than is allowed by the Liturgy or Practice of the Church of England, in any place within the Kingdom of England, Dominion of Wales, and Town of Berwick upon Tweed; at which Conventicle, Meeting, or Assembly, there shall be Five Persons or more assembled together, over and above those of the same Household; than it shall and may be lawful to and for any two Justices of the Peace of the County, Limit, Division, or Liberty, wherein the Offence aforesaid shall be committed, or for the chief Magistrate of the place where such Offence aforesaid shall be committed, (if it be within a Corporation where there are not two Justices of the Peace) and they are hereby required and enjoined, 
The punishment and manner of proceeding against them for the first Offence.  upon proof to them or him respectively made of such Offence, either by Confession of the Party, or Oath of Witness or notorious Evidence of the Fact, (which Oath the said Justices of the Peace and chief Magistrate respectively, are hereby impowered and required to administer) to make a Record of every such Offence and Offences, under their Hands and Seals respectively; which Record so made as aforesaid, shall to all intents and purposes be in Law taken and adjudged to be a full and perfect Conviction of every such Offender for such Offence. And thereupon the said Justices and chief Magistrate respectively, shall commit every such Offender so convicted as aforesaid, to the Gaol or House of Correction, there to remain without Bail or Mainprize, for any time not exceeding the space of three Months, unless such Offender shall pay down to the Justices or chief Magistrate such Sum of Money, not exceeding 5 l. as the said Justices or chief Magistrate, (who are hereby thereunto authorized and required) shall fine the said Offender at, for his or her said Offence; which Money shall be paid to the Churchwardens, for the relief of the Poor of the Parish where such Offender did last inhabit.  
4. 
Second Offence.  And be it further enacted by the Authority aforesaid, That if such Offender so convicted as aforesaid, shall at any time again commit the like Offence contrary to this Act, and be thereof in manner aforesaid convicted, than such Offender so convict of such second Offence shall incur the penalty of Imprisonment in the Gaol or House of Correction, for any time not exceeding six Months without Bail or Mainprize, unless such Offender shall pay down to the said Justices or chief Magistrate, such Sum of Money, not exceeding 10 l. as the said Justices or chief Magistrate (who are thereunto authorized and required as aforesaid) shall fine the said Offender at, for his or her said second Offence, the said Fine to be disposed in manner aforesaid.  
5. 
Third Offence.  And be it further enacted by the Authority aforesaid, That if any such Offender so convict of a second offence, contrary to this Act in manner aforesaid, shall at any time again commit the like offence contrary to this Act, than any two Justices of the Peace, and chief Magistrate as aforesaid respectively, shall commit every such Offender to the Gaol or House of Correction, there to remain without Bail or Mainprize, until the next General Quarter Sessions, Assizes, Gaol-delivery, Great Sessions, or Sitting of any Commission of Oyer and Terminer in the respective County, Limit, Division, or Liberty which shall first happen, when and where every such Offender shall be proceeded against by Indictment for such Offence, and shall forthwith be arraigned upon such Indictment, and shall then plead the General Issue of Not Guilty, and give any special matter in Evidence, or confess the Indictment. And if such Offender proceeded against shall be lawfully convict of such Offence, either by Confession or Verdict; or if such Offender shall refuse to plead the General Issue, or to confess the Indictment; then the respective Justices of the Peace at their General Quarter Sessions, Judges of Assize and Gaol-delivery, at the Assizes and Gaol-delivery, Justices of the Great Sessions at the Great Sessions, and Commissioners of Oyer and Terminer at their Sitting, are hereby enabled and required to cause Judgement to be entered against such Offender, that such Offender shall be transported beyond the Seas to any of His Majesty's Foreign Plantations, (Virginia and New Engl. only excepted) there to remain seven Years; and shall forthwith under their Hands and Seals make out Warrants to the Sheriff or Sheriffs of the same County where such Conviction or Refusal to plead or to confess as aforesaid shall be, safely to convey such Offender to some Port or Haven nearest or most commodious to be appointed by them respectively, and from thence to embark such Offender, to be safely transported to any of His Majesty's Plantations beyond the Seas, as shall be also by them respectively appointed, (Virginia and New England only excepted.) Whereupon the said Sheriff shall safely convey and embark, or cause to be conveyed or embarked, such Offender to be transported as aforesaid, under pain of forfeiting for default of so transporting every such Offender the Sum of 40 l. of lawful Money, the one moiety thereof to the King, and the other moiety to him or them that shall sue for the same, in any of the King's Courts of Record, by Bill, Plaint, Action of Debt, or Information; in any of which no Wager of Law, Essoin, or Protection shall be admitted. And the said respective Court shall 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, rendering 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. 
How seditious Sectaries being convicted may be transported.  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 employ 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. 
How the Offend●r 〈…〉 discharged ●p●n payment of ●f 〈◊〉 p●und  Provided always, and be it further Enacted, That in Case the Offender 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 Convicted (before the said Court or Sessions shall be ended) the sum of 10 l. That then the said Offender shall be discharged from Transportation, and the Judgement for the same.  
8. 
Punish 〈◊〉 of Offender's 〈◊〉 the t●ird Offence  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 offered, after such third Offence, nevertheless is dischargeable and discharged by the payment of the like sum, as was paid by such Offender for his or her said Offence next before committed together with the Additional and increased sum of 100 l. 
How the s●id Penalty of 〈◊〉 po●●d shall be disposed.  more upon every new Offence 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 Chapels of such Parish within which such Conventicle, Assembly, or meeting shall be held, and the other moiety to the Repair of the Highways 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 sequestering distraining and selling any of the Goods and Chattels of any Offender 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 King's Courts of Record as aforesaid. And if any person be at any time su●d for putting in Execution any of the powers contained in this Act, 
Pers●n sued f●r executing this Act may plead the gene●●ral Issue▪ a●d recover ●reble C●sts. Felony to escape after Convictim, or to ret●rn after Transportation.  such person shall and may plead the General Issue and give the special matter in Evidence. And if the Plaintiff be Nonsuit. or a Verdict pass for the Defendant thereupon, or if the Plaintiff discontinue his Action, or if upon Demurrer Judgement 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 Judgement 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 Felon, and shall suffer Death, as in case of Felony without benefit of Clergy, and shall forfeit and loose to his Majesty, all his, or her Goods and Chattels for ever; and shall further lose to his Majesty all his, or her Goods and Chattels, Lands, Tenements and Hereditaments, for and during the Life of such Offender, and no longer. And that the Wife of any such Offender 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 Offender by force of this Act, shall and may after the death of such Offender have and enjoy the Lands, Tenements and Hereditaments of such Offenders as if this Act had not been made.  
10. 
Seditious and tumultuous Metting and Conventicles.  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 Majesty's 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 soon, 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 knowledge 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 prevent all such unlawful Meetings; and take into their Custody, such of those persons so unlawfully Assembled, as they shall judge 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, 
The penalty of suffering Conventieles in private houses.  unlawful Assembly or Meeting aforesaid, to be held in his or her House, Outhouse, Barn or Room, Yard or Backside, Woods or Grounds, shall incur the same Penalties and Forfeitures as any other Offender against this Act ought to incur and be proceeded against in all points in such manner as any other Offender 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, 
Gaolers' may not let Prisoners committed upon this Act to go at large.  shall suffer any person committed to his Custody for any Offence 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 join with any Person Committed to his Custody, by virtue 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. 
The Penalty.  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, 
Within what time Offender's must be prosecuted.  unless such Offender be prosecuted for the same within three Months after the offence committed; and that no person who shall be punished for any Offence by virtue of this Act shall be punished for the same Offence by virtue of any other Act or Law whatsoever.  
14. Provided also and be it Enacted, 
Married women how to be punished.  That Judgement of Transportation shall not be given against any Feme Covert unless her Husband be at the same time under the like Judgement, 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. 
How Justices of the Peace may enter into houses suspected for Conventicles.  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, 
The houses of Peers.  That no Dwellinghouse of any Peer of this Realm, whilst he or his Wife shall be there Resident, shall be searched, by virtue of this Act, but by immediate Warrant from his Majesty, under his Sign Manual, or in the presence of the Lieutenant, or one 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 Dwellinghouse of any Peer or other person whatsoever, be entered into with Force by virtue 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 Dwellinghouse to be entered 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, 
What persons may not be committed to the house of Correction.  That no person shall by virtue of this Act, be committed to the House of Correction, that shall satisfy 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 freehold, or Copyhold, 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, 
Persons served with Process Refusing to take au Oath. 14. C. 2. ca  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 Judge or Judges of the same Court having no legal Plea to Justify, 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 judgement 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, 
How such persons may be acquitted.  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 than his Majesty's 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 Judge or Judges, before whom such Conviction shall be had, be sent to some one of his Majesty's Goals in the same County where such Conviction was had, there to remain without Bail or Mainprize, until 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 ●ustice or Justices of Assize or Goal-delivery, than such Justice, or Justices shall cause Judgement of Transportation to be executed in such manner as judgement of Transportation by this Act is to be executed; But in case such person shall take the said Oath, than he shall thereupon be discharged.  
22. Provided always, 
Peers offending how to be proceeded against  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 Tenor of this Act, shall be tried by his Peers and not otherwise.  
23. Provided also and be it further Enacted by the Authority v, That this Act shall continue in force for three years after the end of this present Session of Parliament, 
The continuance of this Act  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 King's 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 styled 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 referred 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 'tis 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 myself 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 practices of Seditious Sectaries and other disloyal persons, 
Keeble St. A. 12. Car 2. c. 1. fol. 1. 61.  who under pretence of Tender Consciences, 
The Preamble 16 Car. 2. c. 4.  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, 
Conventicles▪ etc. forbidden after the Tenth of May 1670.  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 practice 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 household; 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 lawful to and for any one or more Justices of the Peace of the County, 
How the Offenders must be Convicted.  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 enjoined, 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 empowered 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, 
The penalty for the first Offence. The Record and Conviction to be returned to the next Quarter Sessions The Penalty for the second offence  Justices, and chief Magistrate respectively, shall impose on every such Offender so Convict as aforesaid, a Fine of 5 s. for such first Offence, which Record and Conviction shall be Certified by the said Justice, Justices, or chief Magistrate, at the next Quarter Sessions of the Peace for the County or Place where the Offence was Committed.  
2. And be it further Enacted by the Authority aforesaid, That if such Offender so convicted as aforesaid, shall at any time again commit the like Offence or Offences contrary to this Act, and be thereof in manner aforesaid Convicted: Then such offender so convict of such like offence or offences, shall for every such offence incur the penalty of 10 s. which Fine and Fines for the first, and every other offence shall be levied by distress and Sale of the Offenders Goods and Chattels; or in case of the poverty of such Offender, 
The Penalties how to be levied.  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, 
Constablet, & c. to levy the same and pay it to ●he Justice immediately.  and every Constable, Headborough, Tythingman, Churchwardens, 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 King's Majesty, his Heirs and Succssors, 
How the penalties are to be divided.  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, 
Certificate into the Exchequer  and not one without tho other. And no Justice shall or may be questioned or accountable 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, 
The penalty of such as Preach or teach in a Conventicle how to be levied and disposed.  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 judgement 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 empowered 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 Offender 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, than such Offender convicted of such like offence or offences, shall for every such offence incur the penalty of 40 l. to be levied and disposed as aforesaid.  
4. And be it further Enacted by the Authority aforesaid, 
The forfeit re of such as suffer Conventicles i● their Houses.  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, 
Proviso.  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. 
Appe●●s way be and to whom and in wh●t Cases.  and such Offender shall find himself aggrieved, it shall and may be lawful 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 Judgement 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 Offender, shall return the money levied upon the Appellant, and shall certify 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 Offender may plead and make defence, and have his Trial by a Jury thereupon. And in case such Appellant shall not prosecute with effect; or if upon such Trial he shall not be acquitted, or Judgement pass not for him upon his said Appeal, the said Justices at the Sessions shall give treble Costs again such Offender for his unjust Appeal; And no other Court whatsoever shall intermeddle with any Cause or Causes of Appeal upon this Act, but they shall be finally determined in the Quarter Sessions only. 
Appellant to enter into a Recognizance.   
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 empowered to take, and required to certify the same to the next Quarter Sessions; and in case no such Recognizance be entered 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, 
Justices of Peace Constable's, &c 〈◊〉 refusal, may break upon do●rs.  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 denial to enter, break open and enter into any house, or other place, where they shall be informed any such Conventicle as aforesaid, is or shall be held, as well within 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 Majesty's Forces with such Troops or Companies of Horse and Foot, and also the Sheriffs and other Magistrates and Ministers of Justice, 
Lieutenants, & Deputy Lieutenant's, and 〈◊〉 Officers ●f the Mili●ia, ●ust. disperse Conventicles either with Horse or Foot.  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 knowledge 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 enjoined 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, 
Proviso for Peers of the Realm.  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, 
The penalty of all Justices of Peace, Constables and other Officers Civil a●d Military, that omit their duty in performing this Act.  That if any Constable, Headborough, Tythingman, Church-wardon, or Overfeer of the Poor, who shall know ●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 Majesty's Courts at Westminster, wherein no Essoin, Protection, or Wager of Law shall lie.  
12, And be it further Enacted by the Authority aforesaid, 
All persons inde●pri●ied that put this Act in execution.  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 Judgement 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, 
This Act to be interpreted ●ost beneficially for the suppressing Conventicles.  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 virtue of this Act or any proceedings thereupon shall be reversed, avoided, or any way impeached by reason of any default in form. And in case any person offending against this Act shall be an Inhabitant in any other County or Corporation, or 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 certify 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, 
Offender's to be prosecuted within three months after the offence. Aldermen within London have the same power there, as Justices of Peace elsewhere.  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 virtue of this Act, shall be punished for the same offence by virtue 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, 
Feme-Covert.  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. 
Peers of the Realm.  That no Peer of this Realm shall be attached or imprisoned by virtue or force of this Act, any thing, matter, or clause therein to the contrary notwithstanding.  
18. Provided also, 
Proviso f●r the King's Supremacy.  That neither this Act nor any thing therein contained, shall extend to invalidate or avoid his Majesty's 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 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 expense 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 Heretics and Schismatics, 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 Promoters; so it appears, that since the Reformation, they have been abrogated by the Law of the Land, as being looked upon merely 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 and Apostolic 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 supreme Head of the Church. The Law itself 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 King's 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 foreign 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 Archbishop or Bishop, or other, having Excclesiastical Jurisdiction, who hath the Commission and grant of the Authority Ecclesiastical immediately from the King's 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 King's Highness Arms decently set, with certain Characters under the Arms, for the knowledge of the Diocese, and shall use no other Seal of Jurisdiction, but where His Mejesties' Arms be engraven, 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 King's name, or use any Seal of Jurisdiction other than before limited; that every such Offender shall incur, and run in the King's Majesty's displeasure and indignation, and suffer Imprisonment at his Highness' 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 repealed by the 1. and 2. of Philip, and Mary, c. 8. though no mention be made of it among the repealed Acts of that time. However, though it were, it was again revived by the 1. of Eliz. c. 1. in these words,  
Most humbly beseech your most Excellent Majesty, 
Sect. 1.  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 Foreign 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 Preeminencies 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 intolerable Charges and Exactions before that time unlawfully taken and exacted by such Foreign 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 Marry your Highness' Sister, entitled an Act Repealing all Statues, Articles and Provisions made against the See Apostolic 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 Foreign Power and Authority, and yet do remain in that bondage, to the intolerable 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.  
May it therefore please your Highness, 
Sect. 2.  for the repressing of the said usurped Foreign Power, and the restoring of the Rites, Jurisdictions and Preeminencies 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 Foreign Power and Authority Spiritual and Temporal, 
Sect. 16.  may for ever be clearly extinguished, and never be used or obeyed within this Realm, or any other your Majesty's Dominions or Countries, May it please your Highness that it may be further enacted by the Authority aforesaid, That no Foreign 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, Pre-eminence, or Privilege Spiritual or Ecclesiastical, within this Realm, or within any other your Majesty's 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, 
Sect. 17.  that such Jurisdictions, Privileges, Superiorities and Preeminencies 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, Schisms, 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, 
Sect. 18.  your Heirs and Successors, Kings or Queens of this Realm, shall have full Power and Authority by virtue of this Act, by Letters Patents under the Great Seal of England, to Assign, Name and Authorise, 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, Privileges, and Preeminencies 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, schisms, abuses, offences, contempts and enormities whatsoever, which by any manner of Spiritual or Ecclesiastical Power, Authority or Jurisdiction, can, or may lawfully be reform, ordered, redressed, corrected, restrained, or amended to the pleasure of Almighty God, the increase of Virtue, 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 virtue 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 King's 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 King's Liege People, without any Legal Authority.  
From whence may arise these few short Queries.  
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 ●●l Foreign 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 concerned in Ecclesiastic Courts.  
FINIS.