OBSERVATIONS UPON THE STATUTE OF 22 CAR. II. Cap. 1. Entitled, An ACT to Prevent and Suppress Seditious Conventicles.  
By Sir Edmund Saunders, Kt. late Lord Chief Justice of England.  
LONDON, Printed for Tho. Dring, at the Corner of Chancery-Lane in Fleetstreet. 1685.   

TO THE Reader.  
TO Recommend this small Treatise to thy perusal, there needs no more than the Title with the Author's Name, whose Loyalty, Integrity, and profound Learning in all the Laws of this Realm, were so eminent and conspicuous both while he was at the Bar, and after his deserved advancement to the Bench, that 'twould be impertinent to tell thee what a Reverence was always paid to his Opinions; His Memory is so fresh, that I cannot suppose thee ignorant of the same, or void of a profound respect to his very name, for the continuance of which, this Manual is published, as also for the public good of the Realm, which was his end in its Composition; the immediate occasion of writing these Observations was to gratify the Requests of divers of his Majesty's Justices of the Peace for the County of Middlesex, who desired his Opinion in sundry points upon this Statute for the better Government of themselves in the Execution hereof with safety from the malicious Suits of the Dissenting Party, who were, and always are ready to take advantage of the least slip or mistake of any of the King's Officers of the Peace. The Lord Saunders being sensible thereof, as likewise of the great use of this Law, and the necessity of its Prosecution in order to preserve the public Peace and Quiet of the Kingdom, did write this Explanation of it even while he was Lord Chief Justice of England, it being all of his own Handwriting, so far as page 79. where you will see the Additionals printed with this mark before them ': The great multiplicity of business in his Place, and the unhappy indisposition of his Body did prevent the completion thereof, he often wishing for but a few hours time to perfect it; For the residue, as it had not the same Author, so neither doth it expect the same Authority, it being added as an Essay to supply what was left undone, and yet the supplement may be not without its use, being made as near as possible to the Lord Saunders' sense in other Paragraphs, and according to his Method and Rule are the Constructions made even in such manner as may most advance the Remedy, and suppress the Mischief intended by this Law, and are mostly grounded upon approved Opinions and Resolutions of the Judges on this Law, and other Laws of this Nature. For the Subject, 'tis well known that this Act never received any public. Animadversions, and yet doth perhaps need an Explanation as much as those against Recusancy, on which there have been Observations made and Printed, and not without Approbation. For the seasonableness of this Publication, there needs no other Apology than what the Age we live, and the Book itself do bespeak, and if it may prove any way serviceable to the Public, by being helpful to the Justices and other Officers of the King's Peace, the Reverend Author's Design, as well as that of the Publisher will both be accomplished.   

Some Books Printed for Thomas Dring over against the Inner-Temple Gate in Fleetstreet.  
Law, in Folio.  
THE Statutes at large, from Magna Charta, to this present year 1682. in Paragraphs and Sections, with References to the Books of the Law, and an exact Table: By Joseph Keble of Grays-Inn Esq in folio.  
Kebles Assistance to Justices of the Peace for the easier performance of their Duties.  
Collection Entries, etc. By William Rastall; fol.  
The Lord Coke Book of Entries.  
— His Commentary on Littleton, being the first part of the Institutes.  
— His Commentary on Magna Charta, etc. or the second Part of the Institutes.  
— His Pleas of the Crown, or third Part of the Institutes.  
— His Jurisdiction of Courts, or fourth Part of the Institutes.  
— His 11 Reports in French, with a Table, and the twelfth and thirteenth in English.  
An Abridgement of Cases, and Resolution of Law, contained as well in the Law-Books, Statutes and Records, as of modern Judgements in the Courts of Westminster. By H. Roll, Sergeant at Law: Published by the Lord Chief Justice Hales.  
The Year Books, in 10 Volumes, the last Edition, with new Notes and Tables to them all.  
Origines Juridiciales; or an Account of the English Laws, Courts of Justice, Forms of Trial, Punishment in Cases Criminal, Law-Writers, Law-Books, Grants and Settlements of Estates, etc. Also a Chronology of the Lord Chancellors, Keepers, Treasurers, Justice's Itinerant, Judges, Barons, Masters of the Rolls, Kings Attorneys, and Solicitors and Sergeants at Law. By Sir William Dugdale Knight.  
Tables to most of the printed Prosidents of Plead, Writs and Return of Writs at the Common-Law. Collected by George Townsend.   

Anno XXII. Caroli II. Regis.  
An Act to Prevent and Suppress Seditious Conventicles.  
FOR Providing farther and moré 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) Be it Enacted by the Kings most Excellent Majesty, by and with the Advice and Consent of the Lords Spiritual and Temporal, and Commons in this present Parliament Assembled, and by Authority of the same, That if any Person of the age of Sixteen 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 than according to 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, Limir, Division, Corporation or Liberty, wherein the Offence aforesaid shall be committed, or for the chief Magistrate of the Place where such 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 Impowered and Required to Administer) or by nororious Evidence and Circumstance of the Fact, to make a Record of every such Offence under his or their Hands and Seals respectively: which Record so made as aforesaid, shall to all intents and purposes be in Law taken and adjudged to be a full and perfect Conviction of every such Offender for such Offence; and thereupon the said justice, justices and chief Magistrate respectively, shall impose on every such Offender so convict as aforesaid, a Fine of Five shillings 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.  
And be it farther 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 Ten Shillings, which Fine and Fines, for the first and every other offence, shall be levied by Distress and sale of the Offenders Goods and Chattels; or in case of the Poverty of such Offender, upon the Goods and Chattels of any other person or persons, who shall be then 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 on any one person in case of the poverty of other Offenders, amount not in the whole to above the Sum of Ten pounds, upon occasion of any one Meeting as aforesaid. And every Constable, Head-borough, Tythingman, Churchwardens, and Overseers of the Poor respectively, are hereby Authorized and reavired to levy the same accordingly, having first received a Warrant under the hands of the sald justice, justices or thief 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 Successors, to be paid to the High Sherift of the County for the time being, in manner following; That is to say, The justice or justices of 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 sufficient and final Discharge to the said justice and justices, and a Charge to the Sheriff, which said Discharge and Charge, shall be certified into the Exchequer together, and not one without the other: And no justice shall or may be questioned, or accountable for the same in the Exchequer, or elsewhere, than in Quarter Sessions; Another 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.  
And be it farther Enacted by the Authority aforesaid, That every person who shall take upon him to Preach or Teach in any such Meeting, Assembly, or Conventicle, and shall thereof be Convicted as aforesaid, shall forfeit for every such first Offence, the Sum of Twenty pounds, 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, add 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 Impowered 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 so Convicted of such like Offence or Offences, shall for every such Offence, incur the Penalty of Forty pounds, to be levied and disposed as aforesaid.  
And be it farther Enacted by the Authority aforesaid, That every person who shall wittingly and willingly suffer any such Conventicle, Meeting, or unlawful Assembly aforesaid, to be held in his or her House, Outhouse, Barn, Yard, or Backside, and be Convicted thereof in manner aforesaid, shall forfeit the Sum of Twenty pounds, to be levied in manner aforesaid, upon his or her Goods and Chattels; or in case of his or her poverty or inability as aforesaid, upon the Goods and Chattels of such persons 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.  
Provided always, and be it Enacted by the Authority aforesaid, That no person shall by any Clause of this Act, be liable to pay above Ten pounds for any one Meeting, in regard of the poverty of any other person or persons.  
Provided also, and be it farther Enacted, That in all cases of this Act, where the Penalty or Sum charged upon any Offender, exceeds the Sum of Ten shillings, and such Offender shall find himself aggrieved, it shall and may be lawful for him within one week after the said Penalty or Maney charged, shall be paid or levied, to Appeal in writing from the person or persons Convicting, 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 passed 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 triple costs against 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.  
Provided always, and be it farther 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 prosecute the said Appeal with effect: Which said Recognizance, the person or persons Convicting, is hereby Impowered 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.  
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.  
And be it farther Enacted by the Authority aforesaid, That the justice, justices of the Peace, and chief Magistrate respectively, or the respective Constables, Headboroughs, and Tything-men, by Warrant from the said justice, justices, or chief Magistrare respectively, shall and may with what aid, force and assistance they shall think fit, for the better Execution of this Act, after refusal or denial to enter, break open, and enter into any house or other place, where they shall be informed any such Conventicle as aforesaid is or shall be held, as well within Liberries as without; and take into their Custody the persons there unlawfully assembled, to the intent they may be proceeded against according to this Act: And that the Lieutenants, or Deputy-Lieutenants, or any Commissionated Officer of the Militia, or other of his Majesty's Forces, with such Troops or Companies of Horse and Foot: And also the Sheriffs and other Magistrates and Ministers of justice, or any of them jointly, or severally, within any the Counties or places within this Kingdom of England, Dominion of Wales, or Town of 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, 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 Custsdy such and so many of the said persons so unlawfully Assembled, as they shall think fit, to the intent they may be proceeded against according to this Act.  
Provided always, That no Dwellinghouse of any Peer of this Realm, where he or his Wife shall be then resident, shall be searched by virtue of this Act, but by immediate Warrant from His Majesty, under His Sign Manual; or in the presence of the Lieutenant, or one Deputy-Lieutenant, or two justices of the Peace, whereof one to be of the Quorum of the same County or Riding.  
And be it farther Enacted by the Authority aforesaid, That if any Constable, Head-borough, Tythingman, Churchwarden, or Overseer of the Poor, who shall know, or be credibly informed of any such Meetings or Conventicles held within his Precincts, Parish or Limits, and shall not give Information thereof to some justice of the Peace, or the chief Magistrate, and endeavour the Conviction of the Parties, according to his Duty; but such Constable, Head-borough, Tythingman, Churchwarden, Overseers of the Poor, or any person lawfully called in and of the Constable, Head-borough or Tythingman, shall wilfully and wittingly omit the performance of his Duty, in the Execution of this Act, and he thereof Convicted in manner aforesaid, he shall forfeit for every such Offence, the sum of five pounds, to de levied upon his Goods and Chattels, and disposed in manner aforesaid: And that if any 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 One hundred pounds, the one moiety to the use of his Majesty, the other moiety to the use of the Informer, to be recovered by Action, Suit, Bill or Plaint, in any of His Majesty's Courts at Westminster, wherein no Essoin, Protection, or Wager of Law shall lie.  
And be it farther Enacted by the Authority aforesaid, That if any person be at any time Sued for putting in Execution any of the Powers contained in this Act, otherwise than upon Appeal allowed by this Act, such person shall and may plead the General Issue, and give the special matter in Evidente; and if the Plaintiff be Nonsuit, or a Verdict pass for the Defendant, or if the Plaintiff discontinue his Action, or if upon Demurrer, judgement be given for the Defendant, every such Defendant shall have his full treble Costs.  
And be it farther Enacted by the Authority aforesaid, That this Act, and all Clauses therein contained, shall be construed most largely and beneficially for the suppressing of Conventicles, and for the 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 Proceed 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 the 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 other County or Corporation wherein the said person or persons are Inhabitants, or are fled into;  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 sully as the said other justice of Peace might have done, in case he or they had been Inhabitants in the place where the Offence was committed.  
Provided also, That no person shall be punished for any Offence against this Act, unless such Offender be prosecuted for the same within Three months after the offence committed. And that no person who shall be punished for any offence by virtue of this Act, shall be punished for the same offence by virtue of any other Act or Law whatsoever.  
Provided, and be it farther Enacted by the Authority aforesaid, That every Alderman of London for the time being, within the City of London, and the Liverties thereof, shall have (and they and every of them are hereby Impowered and Required to Execute) the same Power and Authority within London, and the Liberries thereof, for the Examining, Convicting, and Punishing of all offences within this Act committed within London, and the Liberries thereof, which any 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.  
Provided, and be it Enacted by the Authority aforesaid, That if the person offending and Convicted as aforesaid, be a Feme-Covert, cohabiting with her Husband, the Penalties of Five shillings, and Ten shillings, so as aforesaid incurred, shall be levied by Warrant, as aforesaid, upon the Goods and Chattels of the Husband of such Feme-Covert.  
Provided also, 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.  
Provided also, 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 Authorities 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.   

Some Observations upon the Statute of 22 Car. Secundi, Cap. 1. Entitled, An Act to prevent and suppress Seditious Conventicles.  

SECT. 1.  
FOR providing farther and more speedy Remedies, etc. Besides the Statute of 16 Car. 2. cap. 4. which is, and at the time of making this Act was expired. there were several other Acts yet in force, for the preventing and suppressing of Seditious Conventicles, as the Statute of 35 Eliz. cap. 1. Entitled, An Act to Retain the Queen's Majesty's Subjects in their due Obedience; which Act being but Temporary at first by the Statute of 39 Eliz. cap. 18. was continued to the end of the next Parliament, and by the Statute of 43 Eliz. cap. 9 was continued to the end of the first Session of the next Parliament. And by the Statute of 1 Jacobi, cap. 25. was continued until the end of the first Session of the next Parliament. The same Parliament of 1 Jacobi, continued by several Prorogations in 3, 4, and 7 Jacobi, so that the next Parliament after the continuance of 1 Jacobi, was holden in 18 Jac. where only two Bills of Subsidies past, and nothing more was done in that Parliament; whereupon in 20 Jac. it came to be a Question whether this Act of 35 were in force, or not, as appears in Huttons Rep. fol. 61. The Judges being in doubt as it seems, by reason of a Proviso in the Bills of Subsidies, that the Royal Assent to these Bills should not determine that Session of Parliament, which doubtless it did not; yet when the Parliament was afterwards Dissolved, and nothing more done; 
Co. 4. Inst. 27.28.  The passing of these two Bills being matter of Record, made it such a Session of the next Parliament that discontinued this Act of 35 Eliz. But to prevent the doubt afterwards by the Statute of 21 Jacobi, cap. 27. It was Enacted that so much of the said Act of 35 Eliz. as hath not been since Repealed by any other Statute, shall be adjudged ever since the Session of Parliament in 7 Jacobi, to have been of such force and effect, as the same was the last day of that Session. And from thenceforth until the end of the first Session of the next Parliament, which next Parliament was in 1 Car. Primi. And at the end of that Parliament, this Statute of 39 Eliz. was again discontinued, but by the Statute of 3 Car. 1. cap. 4. the Statute of 35 Eliz. viz. so much of it as hath not been Repealed by any other Statute, is continued to the end of the first Session of the next Parliament in such force and effect, as it was on the first day of the Session of Parliament holden in An. 1 Car. 1. And lastly by the Statute of 16 Car. 1. cap. 4. in the close of a Temporary Act, Entitled, An Act for the farther Relief of His Majesty's Army, and the Northern parts of the Kingdom. All Statutes and Acts of Parliament (whereof the Act of 35 Eliz. is one) which have their continuance, or were by the Act of 3 Car. 1. cap. 4. made, are Enacted to have continuance until some other Act of Parliament be made touching the continuance or discontinuance of the same, by which last Act the Statute of 35 Eliz. is made perpetual; there having been no Act since made either for the continuance, or discontinuance of the same. But yet there remains one Question upon it still, viz. why the Acts of 21 Jac. and 3 Car. 1. do not continue this Act of 35 Eliz. totally, but only so much of it as was unrepealed by any former Act. To this it is answered; That in the Act of 35 Eliz. there are two Clauses, being the 8th and 9th Paragraphs on Mr. Keebles Statute Book, the first, For imposing a Penalty upon such Persons as should harbour or entertain in their Houses any Person, which should obstinately refuse to repair to Divine Service by a Month. And the next Clause being a Proviso, That the Law should not extend to the harbouring of a Wife and other Relations there named, are both Repealed by the Statute of 3 Jac. cap. 4. which was the reason that the Statute of 35 Eliz. was not wholly continued, but only so much as was Unrepealed, which is the whole Statute, save only these two Clauses.  
I have been the longer about this Act of 35 Eliz. to prove it in Force at this day: for that notwithstanding the Judgement of the whole Parliament that it is in Force declared in the expired Act of 16 Car. 2. cap. 4. by which every Man ought to be concluded in point of Law; it hath often been affirmed to me, that the Act of 35 Eliz. was discontinued, and not now in Force: but such Affirmation rather proceeded from affection to have it so, than from any other Ground.  
The Statute of 23 Eliz. cap. 1. against saying and hearing of Mass.  
The Statute of 13 and 14 Car. 2. cap. against Quakers.  
The Statute of 13 and 14 Car. 2 cap. 4. for Uniformity of Public Prayers.  
The Statute of 17 Car. 2. cap. 2. commonly called the Oxford Act, for Restraining of Nonconformists from Inhabiting in Corporations. All which Statutes, and several others did in part provide Remedies against the Seditious Practices of Sectaries, and Disloyal Persons. And this Act provideth farther and more speedy Remedies against them.  
2. That is any Person, etc. This word Person extends both to Men and Women. See the 16th Paragraph of this Act, And to Peers as well as Commoners. But Peers are not to be Arrested or Imprisoned, as Commoners may be. See the 17th Paragraph hereunder. So a justice of Peace, or Mayor, or other head Officer, being dofuntarily present at a Conventirle, for any other Cause, except for the suppressing of it, may, and aught to be Condvived as an Ostendes within this Law.  
3. Of the Age of 16 years or upwards, etc. This is plain, and if Evidence be given against a Person for being present at a Conventicle, who is of the growth, or stature of a young Man, or young Woman, it is to be intended that such Person is of the Age of 16 years, unless the contrary be specially made appear. And in such Case the proof, or Onus probandi, rests upon the Offender in such Convictions, whereupon there lies an Appeal by this Act, and so I take it to be likewise where the Offender is Personally Convented at the time of his Conviction, and objects not his Nonage to prevent his Conviction. But if one be Convicted as an Offender when absent, from which Conviction no Appeal is given by this Act, as where the Penalty is only 5 s. or 10 s. There, it may be the Conviction will be utterly void, and the Offender may maintain an action of Trespass against the Officer that Levies the Penalty of 5 s. or 10 s. upon his Goods, for that he hath no other Remedy to help himself. And therefore if the Offender be present, when Convicted, it will be the safest way to mention it in the Record.  
4. Being a Subject of this Realm, etc. The word (being) relates to the time of the Offence to be committed, and not to the time of passing the Act; for if an Alien at the time of the Act passed, were afterwards Naturalised, and afterwards be present at a Conventicle, he is within the word, Being a Subject, etc. Though he were not a Subject of this Realm at the time of the Act passed. It is next to be considered, who shall be said to be (or rather not to be) a Subject of this Realm, within the meaning of the Act, for all men within the Realm are Subjects to the King, either (1.) By Birth, as born in England, or any other of the King's Dominions. (2.) By Naturalisation, as where an Act of Parliament of England gives an Alien the same Privileges that a Subject born hath, by reason of his Birth. (3.) By Denization by the King's Letters Patents, whereby an Alien is made a free Denizen to purchase Lands, and to hold them to him and his Heirs, which an Alien cannot do, or, (4.) By residing, or being in England, under the King's Protection, as Aliens are, which makes them Subjects to the King of England, so long as they remain in any part of his Dominions, but no longer. But the word, Subjects of this Realm, in the Act intends a distinction, that some Persons Inhabiting within the Realm, should not be comprehended within the Law. And therefore by these words all Natural Subjects born in any of the King's Dominions. All Persons, that by Act of Parliament of England, are Naturalised Subjects, and all Persons Endenized by the King's Letters Patents under the great Seal of England, are comprehended within the Law (I mean) are to undergo the Penalty of the Law, for being present at a Conventicle. But Aliens resident in England, and those that are Naturalised, or Endenized in Scotland. or Ireland, and not in England, and so continue still as Aliens in England, are not within this Law, nor shall they be punished by it. Now in this Case, as well as in the Case of Infancy, under the Age of 16 years, the proof rests upon the Offender, for every one in this Case shall be presumed to be a Natural Subject of this Realm, unless the contrary be made appear. And the Conviction will be of the same effect against an Alien, as it is above declared to be against an Infant; only this I conceive fit to add, that if an Infant under 16, or an Alien, having been present at a Conventicle, be summoned to appear before the Justice of Peace, or chief Magistrate, to show Cause why he should not be Convicted for such offence, and refuseth, or neglecteth to appear, and make his defence, and thereupon he is Convicted; I take such Conviction to be binding, and the Infant, or Alien shall never avoid it, and the rather, by reason of the first part of the 13th Paragraph of this Act.  
5. Shall be present at any Assembly, Conventicle, or Meeting, etc. Yet every one that is present (though a Subject of the Realm, above the Age of 16) shall not be punished as an Offender within this Law. For (1.) One that is an Idiot, or a Lunatic, (unless it be during some lucid interval, wherein he enjoys the use of his reason, so far as to be supposed knowing of what he does) though present at a Conventicle, yet cannot be said to be present, under colour, or pretence of Exercise of Religion. (2.) One that is Imprisoned, and kept at a Conventicle against his Will. For Actus non facit reum nisi mens sit rea; the like may be said of him that is under a Terror of Bodily harm, by reason of Threats or Menaces of others, which he could not otherwise avoid, but by being present; but if a Servant by Command of his Master, or a Wife by Command of her Husband, be present, this will not excuse them, because they might, (without the Gild of Disobedience) have refused to obey such Command; what if the Husband enforce his Wife, co-habiting with him, to be present at a Conventicle against her Will, whether is she to be Convicted or not? In this particular Case I conceive she is; for by the 16th Paragraph of this Act, the Penalties of 5 s. and 10 s. are to be Levied upon the Goods of the Husband. And so the Wife's being present at a Conventicle, is within the Letter, and the punishment of the Husband is within the meaning of the Act. If one be present at a Conventicle, to the end to detect, and discover the Conventicle, and to give Evidence against the Offenders, in order to their Conviction, he is not an Offender within this Law; but he that is present at a Conventicle, out of Curiosity to observe what they say or do, he is an Offender against this Law, and aught to be Convicted as well as any other.  
6. Under Colour, or pretence of any Exercise of Religion, etc. The Preamble of this Statute saith, That Seditious Sectaries, and other Disloyal Persons, under pretence of tender Can sciences, at their Meetings contrive Insurrections. And those Meetings were, and are commonly under Colour, or pretence of Exercise of Religion. Now if there be a Meeting of Sectaries, of the number of 5, or upwards, above the Household, or of five, or upwards, where there is no Household; but before they proceed to any pretended Exercise of Religion, they are disturbed, and suppressed, the Question is, whether these, or any of them may be Convicted for being present at a Conventicle, under Colour, or Pretence of any Exercise of Religion, seeing none was there Exercised? This is a Question that may, and I suppose doth often happen, and I take it somewhat clear, that in such Case they may, and aught to be Convicted; For the chief end and design of that Statute was to prevent Sedition and Insurrections, and as a means to obtain that end, this Law is made to suppress Conventicies, where (as the Statute takes notice) Sedition and Insurrections were contrived. Now if they should not be Convicted, though there was no actual Exercise of Religion, than their Plotting Sedition, and contriving Insurrections being the greater Evil, should escape Correction, whilst a pretended Exercise of Religion being the lesser Evil, as being but in order to the greater Evil of Sedition and Insurrections, should be punished, which is not, nor could be the intent of the Statute; for in my Apprehension, the Statute meant, to punish all those that should meet together under pretence of Exercise of Religion, though none were actually Exercised; for that it is the same, or a worse mischief, than if there were any Exercise of Religion.  
7. In other manner than according to the Liturgy and Practice of the Church of England, etc. What the Liturgy and Practice of the Church of England is, appears by the Act of Uniformity of 13 & 14 Car. 2. cap. 4. which is commonly printed before the Service Book, or Book of Common-Prayer; so where there is any Exercise of Religion in Public, that is, where five, or more be met together, besides those of the same Household, there, if the Prayers in the Service Book be not used, and directions of that Book observed, that is an Exercise of Religion in other manner than according to the Liturgy, and Practice of the Church of England. But it may be Objected that the Service Book hath appointed the Form of Public Prayers and Administration of the Sacraments, etc. But hath not appointed any Order to be observed in Preaching, and therefore Preaching in a Conventicle cannot be said to be in other manner than according to the Liturgy and Practice of the Church of England; there being no manner appointed by the Liturgy for Preaching. To To this it is answered; that by the 22d Paragraph or Section of the Act of Uniformity, it is Enacted, That at all and every time and times, when any Sermon or Leaure is to he Preached, the Common Prayers and Service in and by the said Book (viz. the Book of Common-Prayer, appointed to be read for that time of the day) shall be openly, publicly, and solemnly read by some Priest, or Deacon in the Church, Chapel, or place of public Worship, where the said Sermon or Lecture is to be Preached before such Sermon or Lecture be Preached, and that the Lecturer then to Preach shall be present at the reading thereof. So that Preaching in a Conventicle, where the Common Prayers appointed to be read for the time of the day are not first solemnly read, is an Exercise of Religion in other manner than according to the Liturgy and Practice of the Church of England, and an Offence against this Statute.  
8. In any place within the Kingdom of England, etc. These words are plain, and therefore if there be an Assembly or Meeting in a Church by five Persons or more, under pretence of any Exercise of Religion in other manner than according to the Liturgy and Practice of the Church of England, the same is a Conventicle within this Act, where any one, or more present, who is of the Age of 16, or upwards, and a Subject of this Realm, aught to be Convicted. But this is not to be understood of Foreigners, and Aliens of the Foreign Reformed Churches, allowed, or to be allowed by His Majesty, his Heirs, or Successors in England; for the Act of Uniformity (which this was made to strengthen) doth not extend to them, as by the Proviso in the 15th Paragraph of that Act appeareth, and which Prerogative of allowance to such Foreigners, or Aliens Churches is saved to His Majesty by the last Paragraph in this Act.  
9 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 or more are so Assembled as aforesaid, then, etc. Now are we come to a complete definition of a Conventicle within this Act, which is, where five or more where there is no Household are met together under Colour or pretence of any Exercise of Religion in other manner than according to the Liturgy and Practice of the Church of England, wherein these things are to be observed, (1.) That the Person or Persons that are to be punished by this Law, for being present at a Conventicle, must be of the Age of 16, or upwards, and a Subject of this Realm. (2.) That though the Person to be punished, must have these Qualifications, yet Aliens (or Minors) if they are of discretion, may make up the number of five, to make it a Conventicle within this Law; as for Example, suppose five are met together in a House, besides the Household, under Colour and pretence of Exercise of Religion in other manner than according to the Liturgy, etc. and four of those are Aliens, and the fifth a Subject of the Age of 16, this is nevertheless a Conventicle, though four of the five cannot be punished, as being Aliens, yet the fifth being a Subject, shall be Convicted and punished by this Law for being present at such Conventicle; for the Law describes him that is to be Convicted, to be of the Age of 16, or upwards, and a Subject of this Realm; but the Conventicle at which he was present, and for which he is Convicted, is only to be a Meeting together, or an Assembly of five, or more Persons, whether Aliens, or Subjects, is all one. (3.) That where there is a Meeting in a House of five Persons, or above, besides those of the Household, and so a Conventicle; there those of the same Household, if present at the Conventicle, being of the Age of 16, and Subjects of this Realm may and aught to be Convicted for being at the Conventicle, as well as any others. I think by the word Household, both Lodgers and Inmates are included; so that there must be five over and above the Household, and the Lodgers and Inmates as part of the Household. (4.) The Preacher or Teacher in such Conventicles, though an Alien, or not of the Age of 16, aught to be Convicted. See the third Paragraph of this Act. (5.) If a Subject of the Age of 16, or upwards, be present at the Church or Assembly of Foreigners or Aliens of the Foreign Reformed Churches allowed by His Majesty, he is not to be Convicted for being at a Conventicle, for seeing the Assembly itself is Lawful, he that is present at it cannot be said to have committed an Offence within this Act.  
10. 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, 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, etc. By this Clause are the Magistrates described that have Authority, and aught to Convict Offenders for being at Conventicles, which are one or more Justices of the Peace of the County (that is, where there are Justices of the Peace of the whole County, as there are in most Counties in England) Limit, as in Lincolnshire, where there are two Commissions of the Peace, one for the parts of Holland, and another for the parts of Kesteven Division; as in Torkshire, where there are three Divisions, namely, the East-Riding, the West-Riding, and the North-Riding, and a several Commission of the Peace for each of those three Divisions; (Corporations) as London, York, Bristol, and others that are Counties of themselves, and wherein the Justices of Peace for the County at large, have nothing to do, or else such Corporations that continue parcel of the County at large, yet have Justices of their own exclusive to the Justices of the Peace of the County where the Corporation is, so that the Justices of the County may not intermeddle. And lastly, Liberties which have Justices of Peace within the Liberty, and yet the Justices of the County or Riding where such Liberties have a concurrent Jurisdiction. Now if where the Offence happens, be such a Liberty that the Justices of the County at large may not intermeddle; then the Justice or Justices of Peace of such Liberty are only bound to Convict the Offender; but if the Offence happens in a Corporation, or Liberty where the Justices of the County have a concurrent Jurisdiction with the Justices of the Liberty, there both the Justices of the County, as well as the Justices of the Liberty, are bound upon Notice to Convict the Offenders. Now what if the chief Magistrate, and one or more Justices of Peace of the place, should jointly Convict Offenders, where the Act saith, That one or more justices of Peace, or chief Magistrate, is such Conviction good? I think it may be good enough, however I would not advise it as safe, because it seems prejudicial to the Appeals given by this Act, for it may fall out that all the Justices and chief Magistrate might Record the first Conviction, and the Party grieved would have no Appeal but only to the same Persons who Convicted him, which would be inconvenient. And yet it seems any Justice or Justices of Peace of the Corporation or Liberty, as well as the chief Magistrate of the place may make such Conviction, or all together, for though the Appeal should happen to be given to the same Persons who made the Conviction, yet that takes not away the benefit of such Appeal, for besides the supposed honour and impartiality of the Magistrate making such Conviction, upon the Appeal the Trial of the Fact is to be by a Jury, whereas the Conviction is by the Opinion and Judgement of the Justice or Magistrate, and so as to the Fact the Party does as it were Appeal to a Jury from the Justice. See hereafter, Sect. 6. concerning Appeals.  
11. Upon proof to him or them respectively made of such Offence either by confession of the Party, etc. This Confession must be Judicial before the Justice himself at the time of the Conviction, and not a Confession at another time, or before other Persons; for such Confession, though sworn before the Justices by sufficient Witnesses, is only an Evidence, or Circumstance of the Fact, but not a ground to Convict the Offender ipso facto, as a Confession before the Justice himself is.  
12. Or Doth of two Witnesses, etc. An Infamous Person, as one Convicted of Perjury, Forgery, or of Felony, and not having had his benefit of the Clergy, nor pardoned, is by Law disabled to give Testimony in any matter or cause whatsoever, and therefore cannot be one of the two Witnesses within this Act, upon whose Oath the Offender is to be Convicted, nor aught to be suffered to be sworn, if the Justice know him to be such; but if such Person be sworn, and the Justice not knowing of such disability of the Party sworn, do proceed, and upon such Oath, and upon the Oath of one other Witness, doth make a Record of Conviction, such Record will be good in Law, and bind, unless (where an Appeal lieth) it be avoided by Appeal according to the direction of this Act; a Jew hath been often admitted as a Witness by the Judge without the consent of Parties, and sworn upon the Old Testament, and so I conceive he may be in this Case. A man present at a Conventicle, though an Offender himself, is questionless a good Witness to give Evidence in order to the Conviction of any other for being present at the same Conventicle. A Man that is only Indicted of Perjury, or any other Infamous Crime, but not Convicted, is a Witness, for no Man is disabled to give Testimony upon Oath upon a bare Indictment only; note in this Case the Oath of the Witnesses, and all other Evidence given upon Oath before the Justice or Justices Convicting, should be put in Writing, and subscribed by the Party swearing, or giving such Evidence at the time of his Deposition or Examination, especially where an Appeal is given by this Act, for that by the 6th Paragraph it is required, That upon an Appeal the justice certify to the Sessions the Evidence upon which the Conviction past, which he cannot so well nor safely do, unless the Evidence be taken in writing and subscribed by the Party upon whose Oath the same is taken.  
13. Or by Notorious Evidence, and Circumstance of the Fact, etc. It is very difficult, if not impossible to lay down the exact measure or bounds, what shall be said to the Notorious Evidence and Circumstance of the Fact, and what not, and therefore it must be left to the Judgement and Discretion of the Justice, or Justices Convicting, upon weighing well, and considering of the Case, what doth appear to be a Notorious Evidence or Circumstance of the Fact. But this is to be taken notice of particularly, that the proof of two things are principally material. (1.) That there be a Conventicle, and, secondly, That the Party to be Convicted, was present at it. Now if a Conventicle be kept, and the same is afterwards dispersed, and the Preacher or Teacher in such Conventicle, or the Owner of the House where such Conventicle is held, or several Persons present at such Conventicle be Convicted for such Offence, afterwards another Person by two Witnesses is proved to have been there, or that he confessed he was there at the same time and place where the others Convicted were, but the Witnesses cannot prove it a Conventicle; yet here's a Notorious Evidence and Circumstance of the Fact sufficient to ground a Conviction. If the Justice of Peace be present at the suppressing of an Assembly of People, some of whom are immediately Convented before him, and Accused for holding and being at a Conventicle in such Assembly, but no direct proof be made that it was a Conventicle, farther, than that they were Assembled together; if the Persons Convented can or will not give an account for what other Cause they were so Assembled or met together, or if they or some others at such Assembly are commonly known, and reputed to be frequenters of Conventicles, or that they commonly (though not always) do neglect coming to Church, or have declared, or any way made their dislike of, or aversion from the Liturgy or Doctrine of the Church of England: This is (in any Opinion) such a Notorious Evidence and Circumstance of the Fact, as is sufficient to ground a Conviction within the intent of the Law, and in such and the like Cases the Record of Conviction needs not make mention of any thing more, but that the Offender is Convicted by the Notorious Evidence and Circumstance of the Fact, without particularising the Fact, for that where no Appeal lies, the Justice is the sole Judge of the Notoriety of the Evidence and Circumstance; and where an Appeal is given, there the Fact must be tried over again, and so the Offender cannot be injured.  
14. To make a Record of every such Offence under his or their Hands and Seals respectively, &c, For the Form of such Record, see hereunder. And note, that the subscribing the Justice's hand to the Record, is absolutely Essential, for though the Justice set to his Seal, and it be so mentioned in the Record (which is as much as the Law requireth in most Cases,) yet this Act requiring the Record to be as well under his Hand as Seal; if it be not under both, the Record, and all that is done in pursuance of it will be altogether void, though it be not of absolute necessity that the Record should mention that the Justice hath put his Hand and Seal (so that it be actually done) but the better and safer way is to mention it in the Record according to the Precedent.  
15. 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, etc. So as the Party Convicted shall be concluded to say that he is not guilty of the Offence contained in such Record he is so Convicted.  
16. And thereupon the said justice, etc. shall impose on every such Offender so Convict as aforesaid, a Fine of five shillings for every such first Offence, etc. This imposing the Fine must be in the same Record of Conviction, and not in any other Record by itself, and it is not safe nor justifiable, to make a Warrant to Levy any Fine, but what is contained in the Record of Conviction.  
17. Which Record and Conviction shall be Certified by the said justice at the next Quarter Sessions, etc. The next Quarter Sessions is intended next after the Conviction, not next after the Offence committed; for perhaps the Quarter Sessions next after the Offence committed, may be passed before the Offenders be Convicted. Next Quarter Sessions, i. e. for the place where the Offence was committed, and the Conviction made, if by a Justice of the Peace for the County at large, then to the next Quarter Sessions held for such County, if in a Corporation, or other Liberty, by the chief Magistrate or Justice of such place, then to the next Quarter Sessions for such place, if the Conviction be made by a Justice of the Peace of the County for an Offence committed in a Liberty or Corporation where the County Justices have a concurrent Authority, than the same must be certified to the next Quarter Sessions of the County. Note by the Statute of 2 H. 5. cap. 4. The Quarter Sessions are appointed to be holden in all the Counties of England four times in the year, that is to say, the first week after the Feast of St. Michael, and the first week after the Epiphany, and in the first week after the close or end of Easter, and in the first week after the Feast of Translation of St. Thomas the Martyr, which as I take it, always falls upon the 7th day of July. These are the four Quarter Sessions: But the same Statute directing that the Sessions should be held oftener, if need were; the Sessions holden at other times are called General Sessions, but not Quarter Sessions, by the Statute of 14 of Hen. 6. c. 4. The Justices of Middlesex are bound to hold Quarter Sessions but twice in the year, but they may (as they do) hold Quarter Sessions at the four times of the year abovesaid, and each of these Sessions is a Quarter Sessions, and Sessions holden at other times are General Sessions. Now every Quarter Sessions is a General Sessions, yet every General Sessions is not a Quarter Sessions, and not holden at the time appointed by the Statute of 2 Hen. 5. above mentioned.   

SECT. 2.  
1. THat of such Offender so Convicted as aforesaid shall at any time again commit the like Offence, 
Obs.  etc. By this Clause these two Points are to be observed, (1.) He that is to be Convicted, and to incur the Penalty of 10 s. must be Guilty of such Offence after the time he was Convicted of the former Offence, and not only after the time he committed the former Offence; for if one commit two or more Offences before he be Convict, he may be afterwards Convicted for each of these Offences, but he shall only pay a Fine of five shillings for each Offence, and not 10 s. for either one of them; for that though he Offended twice, or oftener, yet he never Offended after he was once Convicted. (2.) Where any one is Convicted for the second Offence, whereby the Penalty of 10 s. is imposed on him, the Record of such Conviction ought to mention and take notice of the Record of the former Conviction.  
2. Which Fine and Fines for the first and every other Offence shall be levied by distress and sale of the Offenders Goods and Chattels, etc. But the Officer may seize ready Moneys of the Offender if he can find it in his House, but he may not take it from the Person of the Offender, and by the word Chattels, must be understood Personal Chattels, which may be distrained, or levied as well as sold, and therefore a Lease for years, or other real Chattel, cannot be sold by the Officer for levying any Penalty imposed by virtue of this Act. Goods and Chattels, this reaches to the Utensils, Tools, and Instruments of Trade, as well as any other Goods and Chattels; for the rule of the common Law (that exempts such, (where there's sufficient besides) from distress,) extends not where distress is given as an Execution by any particular Statute, as for Poors Rates, Hearth-money, and so the like on this Law, and governs only in distresses for Rents, Amerciaments, and the like.  
3. Or in Case of the Poverty of such Offender, etc. What shall be said in a case of Poverty, and how shall it be determined, I conceive the Justice is the Judge of it, and may determine it at the time of the Conviction, and thereupon impose the Fine upon any other Convicted of the same Offence; but if the Party Convicted be taken to be Responsible, and a Warrant is made to Levy, and afterwards the Constable, or other Officer to whom the Warrant is directed, shall afterwards certify the Justice of the Poverty of the Offender, in that Case I take it, if it be within the three months, the Justice at his Discretion may impose the Fine upon any other Offender that is then Convicted of the same Offence; but if the three months are elapsed, than I think he cannot, though it is not clear. See the 14th Paragraph of this Act.  
4. Upon the Goods and Chattels of any other Person or Persons who shall be then Convicted in manner aforesaid of the like Offence, etc. That is, of being present at one and the same Conventicle. For if A. and B. be both present at a Conventicle, now it is the like Offence in both, considering the Offence in itself. Now though A. hath been formerly Convict, and so he is to incur the Penalty of 10 s. and B. having not been formerly, is to incur the Penalty of 5 s. only. Now here the Penalty is different, yet the Offence is the like, and therefore in case of Poverty, the Fine of 10 s. for the Offence of A. may be imposed on B. or the 5 s. for the Offence of B. may be imposed upon A. or upon any other Convicted of being present at the same Conventicle; but I think the Preacher or Teacher in this Conventicle, is not within the meaning of this Clause; for that though he be present, yet he is to be Convicted of a greater Offence, for taking upon him to Preach or Teach in the Conventicle, and not of the lesser Offence of being present at it.  
5. At the Discretion of the said justice, etc. Note this Discretion is bounded in these points, (1.) There must be Poverty of an Offender in the Case (at least in the Judgement of the Justice) or else there is no Room left for Discretion. (2.) The sum to be levied on any one Offender in Case of the Poverty of others must not amount to above 10 l. upon occasion of any one Meeting or Conventicle. These two Points being observed, the Law hath lest it absolutely to the Choice and Discretion of the Justice upon what other of the Offenders at the same Conventicle (except the Preacher or Teacher there) to impose the Penalty he shall think fit, wherein he may do well to have regard to the estate, and forwardness to offend of such Person or Persons, upon whom he shall impose the Penalty.  
6. And every Constable, Headborough, Tythingman, Churchwardens, and Overseers of the Poor respectively are hereby Authorized and required to levy the same accordingly, having first received a Warrant, etc. The Warrant to levy the Penalties being under Hand and Seal of the Justice Convicting, is in its Nature an Execution for the King, and therefore the Officer upon demand made to have the Doors opened, and declaring of his Warrant at the same time, may break open the Doors to enter, and make Execution of the Warrant by levying of the Goods of the Offender, if upon such demand the Doors shall not be opened to him. Though it hath been questioned by some, yet there's no colour to the contrary; the objection they have made, is, that this is a particular mode of levying a penalty by way of distress prescribed by an Act of Parliament, and the King hath no share or interest therein, till distribution of the Money levied into three parts; but certainly this is the King's Suit, 'tis a breach of his Law, a Conviction by his Officers, and the distress is an Execution for him, the Record of Conviction is a Judgement, or Award for the forfeiture of so much, etc. and before distribution the whole is his, to be returned into the Sessions, at lest 'tis an Execution for a third part for him, and as for that, the Doors may be broken open, and being so open, the rest may be levied. The rest of this Paragraph is plain.   

SECT. 3.  
1. AND be it farther Enacted by the Authority aforesaid, that every Person who shall take upon him to Preach or Teach in any such Meeting, etc. Here the words (every Person who shall take upon him) are general, so that an Alien or Person under the Age of 16, who shall take upon him to Preach, etc. is to be convicted, and forfeit 20 l. for the first Offence, as well as a Denizen, or Subject of the Realm, of the Age of 16 years, or upwards, (though every one that is to be Convicted for only being present at a Conventicle, must be a Subject of the Realm, and of the Age of 16 or upwards, as is abovesaid. And here by this clause, if in such Meeting several shall take upon them successively to Preach or Teach, though at one time of Meeting, yet every such Person comes within the penalty of this clause, and their Penalties to be levied, as in case there be but one.  
2. 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, etc. These words must be taken in the disjunctive (that is) if the Preacher be a stranger (who is presumed to be not known (or if his Name be not known (for then he cannot be Convicted) or if his Habitation be not known, for then by presumption the Penalty cannot be levied. In either of these Cases the Penalty may be levied upon other Offenders present at the same Conventicle, and where the Statute saith (not known) that must be intended not known to the Justice or Officers that suppress the Conventicle, and prosecute the Offenders, for there is no Question but the Preacher, and his Name and Habitation is or may be known to the Conventiclers themselves; but if not known to the Officers, he is not known according to the intent of this Law.  
3. Or is fled and cannot be found, etc. That is so fled, that he cannot be found by the Officers that prosecute him for the Offence, though perhaps he is not so fled, but may easily be found by his own Disciples.  
4. Or in the judgement of the justice, justices or chief justice or Magistrate before whom he shall be Convicted, shall be thought unable to pay the same, etc. This Clause supposeth the Teacher or Preachers Name to be known, otherwise he cannot be Convicted at all. I say the Preacher or Teacher cannot be Convicted, if his Name be not known, but by the former Clause, if his Name be not known, the Penalty of 20 l. may be imposed upon others present at the same Conventicle, where the Preacher or Teacher's Name is known. The Judgement of the Justice, etc. of the Preacher's inability to pay, aught to appear upon Record under his Hand and Seal.  
5. The said justice, justices, or chief Magistrate respectively are hereby Impowered, and required to levy the same by Warrant as aforesaid, upon the Goods and Chattels of any such Person who shall be present at the same Conventicle, any thing in this or any other Act, etc. By this Clause it seems to me that the Penalty in this Case may be imposed upon any Person present at the same Conventicle, though such Person upon whom it is imposed, be not Convicted for being present at the Conventicle, nor can be Convicted for being present as an Alien or Subject under 16 years of Age: And the different penning of this and the precedent Paragraph, seems to make it clear; for in the precedent Paragraph the words are, that the Penalty there mentioned, in case of Poverty of such Offender, (12) He is Convicted for being present at a Conventicle,) shall be levied on the Goods and Chattels of any other Person or Persons who shall be then Convicted in manner aforesaid of the like Offence at the same Conventicle; so the Penalty there can be laid upon none but such as by this Law are, and aught to be Convicted for being present at the same Conventicle; but an Alien or Subject under 16 years, cannot be Convicted for that Offence. But here the words of this Paragraph say, that the Penalty of 20 l. here mentioned, may be levied upon any such Persons who shall be present at the same Conventicle, whether Convicted or not, and an Alien may be present at a Conventicle, though he cannot be Convicted, whereby to Forfeit 5 s. as a Subject may; but the Penalty imposed on the Preacher, so far as 10 l. may be levied upon him, and the non obstante in this Paragraph doth seem to confirm this Construction.  
5. And the money so levied to be disposed of in manner aforesaid, etc. That is as above directed by the next precedent Paragraph, (viz.) One third to the King, one other third to the Poor of the Parish where the Offence was committed, and the other third to the Informer, and such Person as the justice shall appoint.  
6. And if such Offender so Convicted as aforesaid shall at any time again commit the like Offence, etc. The commitment of the said Offence must be after the Conviction for the first. See above, § 2. Obs. 1.  
7. shall for every such Offence incur the Penalty of Forty pounds to be levied and disposed as aforesaid. This Penalty of 40 l. may be levied upon the Preacher as the 20 l. penalty above; and in case of Inability of the Preacher, upon the Goods of others present at the same Conventicle, in like manner as the penalty of 20 l. might.   

SECT. 4.  
Obs. 1. AND be it farther Enacted by the Authority aforesaid, that every Person who shall wittingly and willingly suffer any such Conventicle, etc. These words conclude Aliens as well as Denizens, and Peers as well as Commoners.  
2. To be held in his or her house, etc. That is, in the House or Out house in his or her Possession, whereby he or she might have hindered the Conventicle from being held there, for in this Case the bare possession of the House (though without any Title) makes it to be his or her House within the intent of this Law; as for Instance, if a man enter upon me, and put me out of Possession of my House by wrong, and keeps me out of Possession, and in that time suffers a Conventicle to be holden in the same House; now he that hath sold the Possession of my House, is to be punished for suffering a Conventicle in his House, though in truth the Title of the House be mine.  
3. Or in Case of the Poverty, etc. This is in the Judgement of the Justice of Peace Convicting as above, in case of the Preacher, but the Penalty in this Case of Poverty is only to be levied upon such as shall be Convicted for being present at the same Conventicle, and not upon Aliens, who are not to be Convicted for being present at the Conventicle. The penning of this Clause, and the like Clause in the second Paragraph, do exactly agree, but are both different from the Clause in the third Paragraph, where the Penalty of the Preacher, in case of his Poverty or inability, is to be levied on any Person present at the same Conventicle, though not Convicted.   

SECT. 5.  
1. This is clear, yet it may be doubted whether more than ten pounds may not be imposed upon one Person for the Penalty of the Preacher, where his Name or Habitation is not known, for that Penalty is not imposed in regard of the Poverty, or inability of the Preacher; but because he is not known, so as the Justice might judge whether he were able to pay the Penalty or not. The Husband and Wife co-habiting, are both present at a Conventicle, and Convicted, whereby the penalty of 5. s. imposed upon the Wife, is to be levied on the Husband's Goods; yet the Husband may be charged with 10 l. besides, for, and in regard of the Poverty of another, for the Wife's Penalty of 5 s. is not laid upon the Husband in regard of her Poverty, but in regard of the Relation between them. Where there is a Penalty of twenty Pounds or more to be imposed in respect, the Justice may assess what sum he thinks fit upon each party liable, so that no one be charged with more than 10 l. in regard of Poverty, etc.   

ACT.  
SECT. 6.  
1. PRovided also, and be it farther Enacted, That in all Cases of this Act, where the Penalty, or Sum charged upon any Offender, exceeds the Sum of 10 s. This Paragraph gives an Appeal to the Offender in certain Cases, whereupon these things are to be taken notice of, (1.) The Person that may Appeal must be an Offender charged with above the sum or Penalty of 10 s. for if he be charged with the sum or Penalty of 10 s. only, or under, he is concluded by the Conviction, and cannot appear. A Constable Convicted upon the 11th Paragraph of this Act may Appeal. (2.) The time when he may Appeal, and that must be within one week after the Penalty above 10. s. be levied upon his Goods, etc. or else after the voluntary payment of such Penalty either to the Officer or Justice Convicting, so that before the whole Penalty charged upon the Offender, be either levied or paid, the Offender cannot Appeal, neither can he Appeal at all, if a week be elapsed after the Penalty levied or paid, and no Appeal within that time; but in such Case the Offender is for ever concluded by the Conviction before the Justice, etc. (3.) The manner of Appealing must be in writing from the Person or Persons Convicting (i. e.) the Justice or Justices of the Peace. But such writing need not be subscribed by the Party Appealing. (4.) The Judges to whose Judgement the Appeal lieth, are the Justices of Peace in their next Quarter Sessions (that is) next after the Appeal, and not next after the levying or payment of the money, and it must be the Quarter Sessions for the same County, Liberty, or Place where the Offence was committed, and the Offender Convicted, and not any other. If it were in a Corporation by the chief Magistrate, and Justices of the Corporation, the Certificate and return of moneys levied, and the Appeal must be to the Sessions for such place, and not to the Quarter Sessions for the County at large, and so was it ruled in the case of the Town of Southmolton in Devon, to the Mayor of which place the Court of Kings-Bench, Mic. 35. Car. 2. granted a mandamus for the receiving an Appeal from a Conviction of a Conventicle held in that Town, made by the chief Magistrate of that Corporation.  
2. To whom the justice or justices, etc. that first Convicted such Offender, shall return the money levied upon the Appellant, etc. Though the words are only the Money levied upon the Appellant; yet the Money paid by the Appellant is to be returned by the intent of the Law; and here is a necessary Caution to be observed by the Justice Convicting, that where any Penalty of above 10 s. is levied upon, or paid by one Offender, he do not proceed to make distribution of the Penalty so levied or paid, till one full week be passed after the levying, or payment of it, for the Offender hath that time to Appeal in, and if he doth Appeal within that time, the Justice is to return the whole moneys to the Sessions; and if the Offender upon his Appeal be acquitted by the Sessions, he is to be restored to all his Money. The Justice upon his Appeal is to certify the Record of the Conviction, and the Evidence upon which the Conviction passed under his Hand and Seal, and also the Appeal made before him in writing, that the Sessions may the better be enabled to proceed, as the merits of the Cause shall appear before them.  
3. Whereupon such Offender may plead, and make defence, and have his Trial by a jury thereupon, etc. The Offender may plead that he is not Guilty of the Offence contained in the first Conviction, which in this Case stands instead of an Indictment, and thereupon Issue being joined for the King, the Appellant may give in Evidence, that it was not a Conventicle where he was present, but a lawful Assembly, or that he was elsewhere, and not present at such Conventicle as the Conviction supposeth, or any other matter that is legal Evidence for his Acquittal; and on the other side the Prosecutor for the King may produce, and give in Evidence any new matter for the proving of the Appellant guilty of the Offence contained in the Conviction from which he hath so Appealed. And I take it, that though the Statute hath indulged the Offender to plead to the Fact, and to have a Trial by a Jury, yet if the Appellant thinks fit, he may by a Demurrer insist upon matter in Law at the Sessions, for that the Conviction is insufficient in substance (for want of Form is no exception by the 13th Clause of this Act) as that it doth not appear that any Conventicle was holden, or that it appeareth by the Record of the Conviction, that it was a lawful Assembly, and not a Conventicle, or that it doth not appear that the Appellant was present at any such Conventicle. In those or the like Cases, if the Appellant doth demur to the Conviction, and the Prosecutor for the King joins in demurrer, the Court of Sessions ought to give Judgement either for, or against the Appellant, as the matter in Law doth appear before them: But now let us see what other matters of Fact, besides not Guilty, the Appellant may plead at the Sessions; and first I conceive he may plead the Kings Pardon after the Offence committed, and before the Conviction; for after the Conviction, the Pardon comes too late, (save only for the King's third part) and if such pardon under the great Seal be showed in Court, as it must be, if it be pleaded, the Court (if the Pardon appears to be sufficient in Law) ought to discharge the Appellant of the Conviction, and the Penalties imposed by such Conviction; the Appellant may likewise plead Auterfoits Convict, (viz.) that he was formerly Convicted of the same Offence, and hath paid the Penalties, or that the same have been levied upon his Goods, and so ought not to be twice charged for the same Offence; and this is a good Plea to discharge him, but if the Penalties upon the other Conviction be not paid, or levied, than such Plea of Auterfoits Convict ought not to be allowed; for perhaps the former Conviction might be passed by some contrivance of the Offender or his Agents, that the Penalties should not be levied, and so by a mean the Offender might escape unpunished, if the Plea of Auterfoits Convict should be allowed without the Penalties being levied or paid. On the other hand, it can be no mischief to the Appellant, for though he stands twice Convicted for the same Offence, yet the first payment of the Penalties dischargeth him of both Convictions; for if the Penalties should be again levied upon him, he hath liberty in a week after to Appeal, and upon showing his Case by Plea at the Sessions ought to be relieved, and restored to his Money so levied the second time.  
And in Case such Appellant shall not prosecute with effect, etc. If at the next Quarter Sessions, the Appellant shall not appear, and plead matter of Fact or Demur in Law to the Record of the first Conviction, this will be a Non-prosecution whereby triple Costs are to be given against him, so that if he do not appear at the day given him, from time to time, till the Appeal be determined; but if he appears, and upon motion, the Court of Session, for some Cause seeming reasonable to them, do grant farther time to the Appellant for drawing of his Plea, or if after Plea pleaded, they grant him farther time than ordinary for Trial, in such case this is no default in the Appellant, and therefore no Costs to be awarded against him; so if the Court do take time to consider of the matter in Law, this is not a Failer of Prosecution of the Appellant whereby to subject him to the payment of any Costs, and in all cases of Non-prosecution, there must be a Record of it made by the Sessions.  
Or if upon such Trial he shall not be Acquitted, etc. It is not said, if upon Trial the first Conviction shall be affirmed, or found true; but, if the Appellant shall not be acquitted; suppose the Appellant be Convicted of being present at a Conventicle, and 5 s. Penalty imposed upon him, and in regard of the Poverty of the Teacher, 10 l. more is imposed upon him, which being levied, he Appeals, and pleads that the Teacher was able to pay himself, and therefore the Appellant ought not to have been charged with the 10 l. In this Case I conceive such Plea is insufficient, and though it were found so by verdict at the Sessions, yet the Appellant is not acquitted of the Offence (which 〈◊〉) of being present at the Conventicle, nor is the Teacher found Innocent, and therefore the Appellant cannot be relieved, but aught to pay triple Costs for his unjust Appeal; but what if upon the Appeal the Appellant doth not make it appear, and it is so found by Verdict, that though the Appellant was present at the Conventicle, and thereby forfeited 5 s. ●●t the Person, in regard of whose ●overty the sum of 10 l. or any ●●sser sum was imposed upon the appellant, was not at all present 〈◊〉 the same Conventicle. Now ●●e Appellant is not totally acquitted, for the Conviction of his being present at the Conventicle ●●ands in force; yet in this Case I conceive he is to be discharged of the other Penalty imposed upon him, and to be excused from payment of any Costs, and the difference between this Case and the next precedent is this. In the former Case the Person in regard of whose Poverty, etc. was either a Teacher, or present at the Conventicle, whereby the Justice Convicting had a Jurisdiction to impose the Penalty either upon the Party himself, or upon some other; but in this case the Justice hath no Authority at all to impose a Penalty either upon one that was not present at the Conventicle, or in regard of the Poverty of one that was not present at the Conventicle, which diversity is apparent; what if the Penalty in regard of the Poverty of. another imposed upon the Appellant, hath been imposed upon the Party himself, or upon any other, and hath been actually levied or paid? In this Case I think the Appellant is to be relieved against that Penalty, and though he be not totally acquitted, yet he ought not to be charged with Costs.  
Or judgement pass not for him upon his said Appeal, etc. This Clause seems to confirm the Opinion above, that the Appellant may demur in Law to the Conviction, and pray the Judgement of the Court of Sessions upon it, without Pleading to Issue, or having a Trial by a Jury, as the Act saith. Note, that where the words are (judgement pass not for him upon his said Appeal) it is to be understood that Judgement pass not for him upon the determination of the Appeal at the end of the Suit; for whilst the Appeal depends undetermined, it cannot be known whether Judgement shall pass for him or not.  
The said justices at the Session shall give triple Costs against such Offender for his unjust Appeal, etc. That is, the Justices at the Session shall give Judgement that the Offender pay triple Costs, for that is the meaning of the words, (give triple Costs) but who shall have this treble Costs? I conceive the Prosecutor of the Conviction that Prosecutes at the Sessions, whose Name ought to appear in the Record of the Sessions. But what if the Offender Appeals to the Sessions, and the Justice Convicting Certifies the Record of Conviction, the Evidence and the Appeal; but the Appellant doth not appear at the Sessions at all, nor doth any thing in Prosecution of his Appeal; how shall the Prosecutors Name appear in such Case? To this I answer; that in this Case no Costs are to be given, but only the Appealant's Non-prosecution to be Recorded, whereby he Forfeits his Recognizance given to prosecute his Appeal with effect; but if the Appellant one appears and pleads, or demurs, as he must, than the Prosecutor's Name will appear. And if afterwards the Appeal is not Prosecuted but discontinued. Then triple Costs are to be awarded to the Prosecutor, as well as where the Offender upon Trial is not acquitted, or Judgement pass not for him upon the determination of the Appeal.  
And no other Court whatsoever, etc. By this Clause the Justice of Peace Convicting where no Appeal lieth, and the Justices of the Session, where an Appeal is given, are made the final Judges of the Offences of being present at a Conventicle. And of any Person's taking upon him to Preach or Teach in a Conventicle, or wilful suffering a Conventicle to be held in his or her dwelling House, etc. And of a Constable's Omission of the performance of his Duty in Execution of this Act, and this exclusive to the great Courts at Westminster-Hall, and all other Courts whatsoever; yet if a Certiorari, or Writ of Error issue out of any of the great Courts at Westminster Hall, and be delivered either to the Justices Convicting, or to the Sessions, they ought not to proceed till the Court, out of which such a Writ issued, be informed of the matter, and shall think fit to supersede their own; for though the Justices of Peace, and the Sessions, be made the final Judges of the Offences aforesaid, yet they are not Judges of the Process of the superior Courts, but only the superior Court itself, out of which the Process issued.   

SECT. 7.  
1. UPon the delivery of such Appeal as aforesaid, etc. The time for delivery of the Appeal must be within one week next after the Penalty levied or paid, and at the time of the delivery of the Appeal in writing the Appeal is made. Now the Act appoints that a Recognizance be entered into for the prosecuting of the Appeal at the same time, that is, at the same instant of time the Appeal is delivered. And the Recognizance must have these Circumstances, it must be entered into by the Party himself Appealing, and (in strictness) not by any other, (though sufficient) security for him, it must be acknowledged before, and taken by the same Justice that made the Record of the Conviction; but if the Conviction be by two or more Justices the Appeal delivered to, and the Recognizance acknowledged before any one of them is sufficient. But if both, or all of the Justices Convicting are together, the Recognizance must be acknowledged before them all, though the Statute hath not appointed any sum to be contained in the Recognizance; yet it ought to be in a reasonable sum, which is commonly, and usually double the sum in Question, which in this Case is double the Penalty imposed on the Offender that Appeals. There may be some doubt how the Appeal is to be made, or the Recognizance entered, when the single Justice Convicting shall happen to die, or be out of Conviction before the time of Appeal; but that being a matter rarely happening, I shall not spend time about it at present.   

SECT. 8.  
THat is at the time of making the Appeal, and the Appeal cannot be said to be made till it be delivered, and the Recognizance entered.   

SECT. 9  
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 Custodies the Persons there unlawfully Assembled, to the intent, etc. In all Cases where the outward door of a House may be broken, the Law (as this Act) doth require, That first, A Demand be made to have the Door opened, for Force is not to be used where the Law may be Executed in a peaceable and quiet manner. Now a refusal or denial to enter, is not only intended of an Actual or express denial, or refusal to open the doors, but also of a refusal or denial in Law, as where the Officers require the Doors to be opened, and the Conventiclers make no answer whether they will or will not open the Doors; or if they answer that they will open the Doors, but notwithstanding they do not open the doors, this is a refusal and denial in Law, as strong as if they had expressly refused or denied to open the doors; and thereupon the Officers may break open the doors, and seize the Offenders (of mean Conventiclers) and secure them in Custody until the Officers can conveniently bring them before a Justice of Peace to be Convicted, and then the Offenders are to be discharged out of Custody. But what if any Offender in such Case, being brought before a Justice of Peace to be Convicted, shall refuse to discover his Name and Place of Habitation, whereby the Justice cannot proceed to a Conviction of him. In such Case the Justice may commit him to the common Gaol for his Contempt, and by the Mittimus showing the Cause of such Commitment, the Offender will be held until he doth discover his Name and Habitation (for it is impossible he can be Bailed) for though an Offender may be committed without a Name, yet his Name must be known before he can be Bailed, and then the Justice may proceed to Convict him of the Offence, for being or Preaching at the Conventicle, as the Case falls out, though it be after the end of three months, for that the first was prosecuted within the three months. Now it is to be considered what is to be done, supposing there be a Conventicle held, and the doors are open, or upon demand made by the Officers, the doors are immediately opened, and they are permitted to enter freely; whether then the Officers may take any of the Offenders into Custody or not? And I take it, that if the Conventiclers do make known their Names and places of Habitation, and do departed peaceably when commanded by the Officer, they may not be taken into Custody, because in such Case they may be Convicted without being taken into Custody: But if the Offenders do refuse to make known their Names, than such of them as do so refuse, may be taken into Custody, and if at Command of the Officers, the Conventiclers refuse to departed, or do not departed and disperse themselves peaceably, they may be taken into Custody likewise, and this seems clear by the latter part of this Paragraph.  
And that the Lieutenant or Deputy-Lieutenants, etc. Here the Military Power as well as the Civil Power, is to be assisting for the dissolving, dissipating, and preventing of Conventicles; but the Lieutenants or Deputy-Lieutenants, etc. are not to intermeddle, before they have first received a Certificate under the Hand and Seal of a Justice of Peace or chief Magistrate of his particular information or knowledge of any unlawful Meeting or Conventicle held or to be held, and that he with such Assistance is not able to suppress and dissolve the same. This Certificate may be made sometime before the Conventicle held as well as at the time; and though it cannot be so well known before hand, whether the Justice or chief Magistrate with such Assistance, etc. be able to suppress the Conventicle or not; yet if the Justice hath reason, or any probable ground to believe that he shall not be able to suppress the Conventicle, whereof he hath notice, he may make his Certificate, that the Military Power may be ready; for if a Certificate should not be made till the very time of the Conventicle held, it would perhaps be too late for the suppressing of them, and the words of the Act are, To prevent such unlawful Meetings as well as to dissolve and disperse them. And note, that if there be such a Conventicle as cannot be suppressed by the justice himself with such Assistance as he can get, but there is need of Military Power, or some other greater power to be raised by the Sheriff or other Officer, in such case the Conventiclers, or so many of them as the Officers suppressing of them shall think fit, Peers of the Realm only excepted, may be taken into Custody, and kept in Custody for such convenient time, till they shall be Convicted by the justice or chief Magistrate. But suppose the justice that would suppress the Conventicle, be himself a Deputy-Lieutenant, and he as a justice is not able to suppress the Conventicle, I conceive in such Case he may make use of his Military Power, and get such Troops or Companies of Horse and Foot, as he shall think meet, and can get in readiness with the soon; by this Law any Justice of the Peace, Constable, or other Officer going in Execution of this Act to suppress and disperse such unlawful Assembly, they may call or command any Person whatsoever into their Aid or Assistance, and in Case of refusal they are punishable, as by the 11th Section, see hereafter; And did not this Law expressly enable them to do it, they might do it by the general Authority of their Offices in this Case, as they may for the suppressing of Affrays, Riots, Routs, and other unlawful Assemblies.  
And take into their custody such persons so assembled as they shall think fit. Some are of opinion, and it hath been so resolved, that by force of these words they may imprison any of them for any convenient time in order to examination, not only of their own names and places of Abode, but of the Teacher or the like; and that the Military Power they may use in taking and detaining of such persons till examined of such things as may be needful for the making a Conviction of such Meeting or Assembly, and this they ground upon the words as they shall think fit: Sed quaere, for the Lord Saunders his opinion afore: Pag. 76. seems more consonant to the letter of this Clause, viz. that their Commitment is to be only till make known their own names and places of Abode, that they may be proceeded against, etc.  
Provided always that no dwelling House of any Peer of this Realm, etc. This seems not to extend to the dwelling House of any Duchess, Countess, Baroness, or other Noblewoman, but they may be searched by virtue of this Act, notwithstanding this Clause, as by the reading of it appears plain, it being said to be such House where he or his Wife shall be Resident; this must be meant actually Resident, and therefore extends not to any House which a Peer hath leased to another, nor to any Mansion House uninhabited, or wherein he hath only Servants, and doth not Personally reside in; for suppose a Peer have several Houses, to which he repairs at several Seasons of the year, and hath Servants in all, and a Meeting prohibited by this Law doth happen to be held in such of his said Houses, where at that time he nor his Wife is resident, such House may be searched by virtue of this Act, and broken open too for the dispersing such Meetings, for the words are, shall he resident at such time: If a Conventicle be held in any Barn, Stable, or other like of a Peers, not being parcel of his dwelling House, such place may be searched, though the same be in the possession of a Peer: And notwithstanding this Clause, a Conviction may be made of such a Meeting that has been held in the dwelling House of a Peer, though he be resident in it, and such Peer incurs the Penalty of this Act as Owner of the House, permitting the same. See above on the 4th Section.  
Except in the presence of, etc. Such dwelling House feems not searchable by any Corporation Justice, he not being named in this exception, but a Lieutenant, or Deputy Lieutenant of such County, may search such a House upon the Information of a Justice of the Peace, though he be no Justice himself, nor of the same Riding.   

SECT. 11.  
BE it farther Enacted, that if any Constable, etc. This Clause extends to his not executing any Warrant for levying the Penalties of this Act by distress, as well as to his not informing some Justice of a Conventicle whereof he knows; so if he inform not some Justice thereof (when he conveniently may) till the Meeting be over, and so they could not be suppressed, nor the Persons so well known, in order to the making of a Conviction: If a Constable, etc. keep or suffer a Conventicle in his House, he forfeits the Penalty of 20 l. for so doing, and 5 l. for not informing a Justice thereof, the like if he be present at any Meeting, and not in order to detect it; he may be punished for being so present, and sued for the 5 l. also, for they are several Offences: Credibly informed, etc. such Information as another gives him of his sight of sundry Persons going to an House suspected, or generally used for such purposes at such times as usual, etc. is sufficient information to oblige the Constable to acquaint the Justice, for a less information here will serve him than a Justice of the Peace for to make a Conviction, the Justice is to have it upon Oath, etc. the Constable, etc. is not Judge of the truth of the Fact, he is only a Ministerial Officer or Servant in this Case. A Constable, or Tything Man or the like, that gives notice of his Warrant, or of a Justices coming to suppress such Meeting is undoubtedly Guilty of this Offence, and besides liable to be Indicted at common Law for any such misfeazance or neglect, it being contrary to his Oath and Office, by the Authority of this Act 'tis become the Duty of his Office to which he is sworn, any breach whereof is Indictable at common Law, and punishable by Fine and Imprisonment, and this may be too often necessary, in the last Case, I mean especially, the 5 l. penalty seeming too small for an Offence of such a Nature; but note, than he cannot or ought not to be punished both ways, for 'tis but one Offence, though when prosecuted as on this Law the Fine is certain, as at common Law 'tis undetermined. If a Constable uses not all Lawful means to prevent, suppress, and get Convicted such Meetings, as if he breaks not open a door after request to have it opened in execution of a Warrant to levy the penalty by virtue of this Act, he is an Offender by this Clause.  
Every Person whatsoever refusing or neglecting to give his Aid (being called thereto in execution of this Act) forfeits 5 l. especially, if such whom the Justice or Constable shall call in, do by private notices or otherwise, forewarn those Assembled to withdraw, for to prevent their being known, and by consequence their being Convicted.  
If any justice of the Peace, or chief Magistrate, shall wittingly or wilfully omit the performance of his Duty in the execution of this Act, he shall forfeit 100 l. etc. This Clause is general, omit the performance of his Duty which is by all lawful ways to get Information and notice of all such Meetings open or clandestine, that are held within his Limit, Precinct, or Jurisdiction, every thing which is prohibited by the Law, a Justice is bound as a good Officer, not only to punish it when discovered, but by all convenient means to inform himself, if such Offences are committed, and such Offences the more secret, the more dangerous; and therefore every Officers Duty is to detect them, to be ready to receive Informations, to grant Warrants to Constables, to go in Person and endeavour to disperse them when met, or prevent their Meeting, to imprison those that oppose or resist them, to break open Doors, if shut against them, to secure such Offenders till know their Names and Places of abode in order to make Convictions, and of such Convictions to make Records to grant Warrants on them for distresses, such Records to certify to the next Sessions, and in short, to do every thing which this Act Authorises and requires them to do, and in the best and most convenient way that may be for the Attainment of the end of this Law, which was the suppression and prevention of Seditious Conventicles, a wilful neglect of any thing this Act empowers such Justice of the Peace to do in order to that end, is an Offence within this Clause, and incurs the Penalty of 100 l.  
justice of Peace or thief Magistrate, etc. It must be intended for, or in Relation to Offences committed within their Respective Jurisdictions, for this Clause punishes nothing but the omission of what they were impowered, or enabled to do by the foregoing part of this Law, viz. to a Corporation Justice, for what happens within the Corporation, etc. & sic respective, although it be here said any Justice or chief Magistrate, yet any Justice of the Peace in any Liberty, City, or Corporation, is within this Clause as well as the chief Magistrate of such Liberty, City, or Corporation, for such Justices are bound by the former Clauses to disperse such Meetings, and make Conviction of them, and by consequence they are here intended.  
Wittingly or wilfully omit, for the satisfying of those words, either his own knowledge or information is sufficient, I do not mean of the Law in the Case, for he is bound to take notice of this and all other Acts relating to his Office, and a pretence that he knew not he had power, or that 'twas his Duty, will be no excuse, but his own knowledge or information of the Fact; for if a Justice do not suppress a Conventicle, nor make a Conviction thereof, he is no Offender, provided he have no notice of it, but yet if a Justice know a Conventicle to be held in the next House, and he do not his Duty, he is punishable by this Clause, though no Informer came and gave him notice of it; If any one come to inform him of a Conventicle that hath been held, he is bound to give the Informer his Oath, and 'tis no excuse for him that the Informer did not require him to tender an Oath, for his coming is impliedly a Request, it being in order to make a Conviction, and if he refuses or omits to give him his Oath, in order to the making a Conviction, he is punishable, whether a Conventicle were held yea or no, for being informed there was one, he is an Offender in not taking the Information upon Oath, and so was it resolved by the Court of Kings-Bench, Mic. 34 Car. 2. Banco Regis, on a motion in Arrest of Judgement, in an Action between Smith qui tam, etc. verse. Langham of Northamptonshire.  
The one moiety to the use of the Informer, etc. Although it be not expressly declared unto whom the other moiety shall be given, yet the King shall have it, for wheresoever a forfeiture or penalty is given by any Act of Parliament upon any Offence, it is intended to be to the King, his Heirs and Successors, though not particularly named, unless it be otherwise specially Ordered; Informer here is meant, not he that informs the Justice, but he that sues for the 100 l. and so informs the King's Court of such an Offence committed by such a Justice, for otherwise the Justice may go unpunished by agreeing with him that is Informer in the first sense, besides, if none but such Informer might bring the Action, there would in all probability be a failure of proof in this Case, for none but those who informed the Justice, are for the most part capable of proving the Justice's refusal, or neglect to do his Duty; Although a Moiety be here given to the Informer, yet if none will sue for the same, the whole may be sued for at the King's Suit, for there being a Forfeiture created by the Act, and by the Law given to the King, the not suing by any Informer for his part, shall not prejudice the King, the Moiety going only to the Informer (i.e.) to him that will and doth sue for the same, if none will sue for it, the whole is the King's, and before any Information, Action or popular Suit brought, he may pardon or release the whole Penalty, and it shall be a good Bar against all men; but what if an offending Justice within this Law should get a Friend to file an Information against him by consent, to prevent and anticipate a real Informer, and such Prior Suit the Offender should plead to the real Informer's Action to trice him thereof? I answer, that such Plaintiff may by virtue of 4 H. 7. cap. 20. aver the former Suit to be by Covin and Collusion, and such Covin he may in his replication plead generally, and if the former Suit be found to be by Covin to evade the Act, and trice the present Plaintiff, the Defendant shall suffer two years' Imprisonment, and such averment the Plaintiff may make, though on the first Suit there were a Verdict for the Defendant for want of Evidence or the like, nay, though there were a recovery against him.   

SECT. 12.  
IF any Person be at any time sued for putting any of the Powers of this Act in Execution, etc. Whether it be for Informing, disturbing, searching, imprisoning, or distraining, etc. By the 7th and 21 Jac. all Justices of the Peace, Constables, and several other Officers have this privilege if sued for any thing done by Colour of their Office, they may plead the general Issue, and give special matter for their excuse or justification in Evidence; but this Act gives the same advantage to all manner of Persons doing any Act in the Execution of this Statute, whether they are Officers, or no, and the end is to prevent their being prejudiced by a nicety of pleading, and that the truth of their excuse may fairly and clearly appear upon Evidence, any Informer or other Person going in Assistance of any Officer for the executing any power given by this Law, hath the same privilege and benefit.  
Every such Defendant shall have his full triple costs, etc. (i.e.) the Costs given by the Jury in case of Trial, and the Costs likewise given by the Court, de incremento are to be trebled both, such Costs as the Defendant would have in case this Law were not, he is now to have triple, and in case the Plaintiff be nonsuit, if without Evidence, or after Evidence he ought to have thrice so much Costs as he otherwise should have in such Case.   

SECT. 13.  
AND be it farther Enacted by Authority aforesaid, that this Act, and all Clauses therein contained, shall be construed most largely and beneficially for the suppressing of Conventicles, and for the justification and Encouragement of all Persons to be employed in the execution thereof: This Clause shows the deep sense our Lawmakers had of the pernicious effects of such unlawful Meetings, which is emphatically expressed in the preamble of this Act, where the reason of this Clause, and of the whole Act is declared, (viz.) For providing farther and more speedy remedies against the growing and dangerous practires of Seditious Sectaries, and other Disloyal Persons, who under the pretence of tender Consciences, have or may at their Meetings contrive Insurrections (as experience hath shown) and that experience hath been much more abundant of late days, and therefore the Act continues as necessary as ever, it being too well known that the Persons so pretending to a greater tenderness of Conscience than the rest of the Christian world, are no less disaffected to the English Government, than they avow themselves to be to the Church of England; and it seems to be a base reflection on the Wisdom and prudence of our Lawmakers, that the prosecution of this Law should be thought unnecessary in the same age wherein 'twas made, and the reason continuing for which it was at first provided, viz. the danger of Mutiny and Sedition, for the prevention and suppressing whereof there is no better means than the Execution of this Act, which (as this Clause is) ought to have the largest and most beneficial Construction imaginable (i. e.) such an equitable Construction, (although it be a Penal Law) as may best conduce to the suppression of such Conventicles, though perhaps the thing be not expressly within the letter of the Law, yet it ought to be construed within the intent; as for instance, suppose a certain number of men should meet and Assemble themselves together under the colour and pretence of exercising Religion, and there should be no formal Preaching and Teaching, but only an extempore Enthusiastical Prayer, yet the Prolocutor, or Speaker in such Assembly ought to be construed with the intent of the third Section of this Act, and incur the Penalty of 20 l. being certainly within the intent, though not within the precise Letter of that Clause; the like of the Quakers Meetings, though they cannot properly be within the third Section, when 'tis as they call it a silent Meeting, yet even such Assembly of them seems to be within the first Section, and is a Conventicle within the meaning of this Act, for 'tis a Meeting under colour of the exercise of Religion, though none be exercised, they pretending that they meet out of Conscience, and for such purpose, and 'tis plainly within the mischief, viz. The danger of contriving Mutinies and Insurrections at such Assemblies, and there's as much danger of that in such Congregations as any other; and by the design of this Clause such Construction ought to be made, as may most suppress the Mischief intended to be remedied by this Act; the like equitable Construction ought to be made for the encouragement and justification of the Officers of Justice, and others employed in the Execution of this Act, the meaning of which is, that by no strained interpretation ought such Persons to be brought to damage for any thing done by colour of this Statute; and so this Clause requires all encouragement to be given to such Persons by the King's Courts of Record of Westminster, upon all occasions, and particularly by the next Clause, which is, that No Record, Warrant, or Mittimus to be made by virtue of this Act or any Proceed thereupon shall be reversed, avoided, or any way impeached for any default in Form, (i. e.) No Record of Conviction, Warrant, for to disperse a Conventicle, or to levy the Penalty by distress, or Mittimus to Prison, shall, etc. This extends to all Courts, as to the Sessions, so to the Kings-Bench, or any other Court where such Record, etc. may be removed, or otherwise come in question upon any Action that may be brought against any Person for any thing done in pursuance of this Act; although the Court of Kings-Bench may by Certiorari command such Records to be removed thither, etc. yet it is a good Act of their legal discretion to deny such Certiorari's as of late years is done; it being a Writ discretionary, and not ex debito Justitiae sent only to certify his Majesty in his said Court of the Proceed against such a Man, and the Justices below are the proper Judges of the Fact, and this Act seems to order the final determination of such Offences to the Justices particularly, for that this very Law gives an Appeal to the Sessions where the Party hath his advantage for matter of Law as well as Fact; but it may be questioned what shall be deemed a default in Form? I confess that may be of some difficulty, but however by the virtue of this Clause, though it be by a Penal Law it ought to be helped by Intendments and Presumptions as much as any Plea in Bar, or any other pleading in a Civil Action, but to make the best Judgement in this Case, will be to compare this Clause with the Statute of Demurs, viz. the 27 Elizabeth, cap. 5. where the words are, any imperfection, defect, or want of Form, and the words here are, by reason of any default in Form, which are plainly all one; upon the former the rule is, whatsoever it is without which the right doth sufficiently appear to the Court, it is form within that Law, and so è converso, whatsoever is wanting, or imperfect, whereby the right appears not, is not remedied as Form within that Statute; so here whatsoever it is without which the Offence doth sufficiently appear to the Court that's Form within our Law, so if it appear a Conventicle were held against this Law, and the Parties meant to be Convicted were present at it, if there be but sufficient expressed that it may appear upon the whole Record the Party Convicted is an Offender against this Law, 'twill be well enough, and there needs no more, for which see above under the first Section, the description of a Conventicle, which will direct you how such a Conviction ought to be made, as the Precedent hereafter given you is; And in Case any Person offending against this Law shall fly into any other County or Corporation, etc. This Clause makes provision for the punishment of such Persons Convicted on this Act as are Strangers inhabiting, or Fugitives flying into any other County or Corporation, that must be meant such Corporation where the Justice Convicting hath no Jurisdiction, so as the Penalty cannot be levied by his Warrant, and therefore this Paragraph provides that there may be a Certificate made of such Conviction under the Hand and Seal of such Justice as made it, that must be meant a Certificate that there is such Conviction made, or a transcript thereof under the Justice's Hand and Seal, not the very Record of Conviction itself, for that perhaps may be returned into the Sessions and divers other Persons inhabiting where the Offence was committed may be perhaps Convicted by the same Record, and then 'twould be inconvenient to transmit that same; it may be to any Justice of the Peace of such other County or Corporation, and if such Offender be inhabiting or fled into a Corporation where the County Justices have nothing to do, there the Certificate may be to any Justice of that Corporation, as well as to the chief Magistrate of the same, notwithstanding the wilful Error of some who in Corporations would have none but the chief Magistrate of that Corporation as Mayor, etc. and no other Justice of such place impowered by this Law, whereas the whole tenor of the foregoing Sections shows the contrary; such Justice is to levy the said Penalties as fully as the Justice Convicting might, etc. (i.e.) by Warrant for distress and Sale of the Offenders Goods and Chattels, but it may be queried what shall such Foreign Justice do with Money so levied? I think this somewhat plain that he ought to return it to the Justice that did Convict, and he to the Quarter Sessions for the place where the Offence was committed, and the Foreign Justice must not return it to the Quarter Sessions of his own County, and my Reasons are, First, Because the Convictions are not to be returned thither. Secondly, A third part of such Penalties is to go to the Poor of the Parish where the Offence was committed. Thirdly, The third is to go to the Informer or Informers, or such other Person, etc. which distribution the Foreign Sessions cannot conveniently make; but than it may be queried what will become of the Parties Appeal, how shall that be made? I answer, if he has the benefit of any, as I think he has notwithstanding, it must be to the Quarter Sessions of the place where the Offence was committed, for the Statute expressly requires it should be delivered to the Justice Convicting, he is to take Recognizance for the Prosecution thereof with effect, and this with the Conviction he is to return into the Sessions; but than it may be again queried how such Offender shall know who is the Justice Convicting, for to him he must deliver his Appeal in writing, and that within a week after the Penalty paid or levied? I answer, that will be known by the Warrant of the Foreign Justice upon which the levy is made, for his Warrant either mentions a Conviction by himself, or by another Justice of another County or Corporation which will inform him, but he must take this Note with him always, that his Appeal must be delivered in Person, for he himself is to enter into a Recognizance to Prosecute it, and this is to be done at the same time before the Justice Convicting, the rest of this Pargraph is plain enough.   

SECT. 14.  
PRovided also that no Person shall be punished for any Offence against this Act, unless, etc. Prosecuted within three months, 'tis not necessary that the Penalties be actually levied within three months, nor that a Conviction be made of Record, but to fulfil the sense of this Clause, I think it sufficient, if Information be given to some Justice of a Conventicle already held in order to the making a Conviction of it, this being within three months, is enough, for such Information being in order to a Conviction, is a Prosecution within the meaning of this Clause, it is not said Convicted, but Prosecuted, and such Information is a commencement of the Suit, this is the primum movens towards a Conviction after the Offence committed; as in civil Actions which are limited to be brought within such a time, the beginning of a Suit is the suing an Original, or other first Writ as Latitat, etc. If within the time limited, is well enough, though the Suit be not effectually Prosecuted, though there be no Judgement in a long while after, so in Capital Criminal Causes, which must be Prosecuted within a certain time, by the order of any particular Law, if an Indictment be found within the certain time, if the first Act of the Suit be begun, 'tis enough, though the Party be not Convicted within twice the time, so here the same rule will govern, no Person shall, this extends to an offending Justice or Constable, as well as to the Conventicles; yet if such Justice, Constable, or other Officer neglects his Duty against the Tenor of this Act, be Indicted, or otherwise sued within three Months after such neglect or refusal to do their Duty, it is a sufficient Prosecution within the three months, although not Convicted within that time, as I said before; and that no Person who is punished by this Statute, shall be punished for the same Offence by any other Law; For the same Offence, notwithstanding this, a Conventicler may be punished for his absence from Church, because such Meeting and his absence are several Offences; Shall be punished, this doth not hinder but that such Offender may be Prosecuted and punished, as at the common Law for any thing prohibited by this Statute, which is an Offence at the common Law, I say he may be Prosecuted as at common Law, if he hath been actually punished for the very same Offence by virtue of this Law, but if he hath been once punished by this Law, if sued as at common Law, or on another Statute he may plead his Conviction and punishment on this thereto, but this he cannot do till the Penalty be either levied or paid, for till then he is not punished; however, as I said, any Offender within this Law may be sued as at common Law, as a Conventicler may for a Riot, Rout, or unlawful Assembly, and punished for it by Fine or Imprisonment, but he shall not be punished both ways, and that's the sole meaning of this Paragraph, viz. That such Person should not be double punished for one and the same Offence; but yet again if any Preacher, Teacher, or other Person should at such Meeting speak Seditious or Treasonable words, resist the Magistrate coming to disperse them, or give opprobrious Language to the Justice or other Officer in the Execution of this Act, he may be Indicted and punished for any such Offence, and by this Act too.   

SECT. 15.  
PRovided also that every Alderman of London, etc. Had this Clause not been added, it would be no great Question but that they were included in the meaning of this Act, for they are the chief Magistrates and Justices of the Place, this Proviso therefore seems added for perspicuity and prevention of all scruple, and for to empower such of the Aldermen under the Chair, as are not Justices of the Peace; for it will not be doubted, but the Aldermen of Exeter and Bristol, and other such like Cities and Counties as are Justices of the Peace, are bound by this Act to prevent, disperse, and suppress such Meetings, otherwise the Act would be of least force where 'tis most needful, viz. in those Populous Cities where the most idle People likeliest to be seduced, whereas in other Counties the common People are generally employed in hard labour either about Husbandry or other painful Callings, and by consequence not so liable to seduction.  
Provided that if the Person Offending and Convicted be a Feme-Covert, co-habiting, etc. In this case Co-habitation as a Wife, is a sufficient Evidence her being so, and the Justice need look no farther, for the Husband's Goods and Chattels are liable. Co-habiting (i. e.) for the most part, or generally, for though she be in Country House about this Town, and her Husband in London, yet his Goods will be liable; if it had been otherwise, 'twould have said then Co-habiting, or then Personally residing, so if the Husband be upon any Occasion from home, for Co-habitation here is used only in opposition to a separate living by sentence of Spiritual Court, or by agreement of themselves, not being apart now and then, or at certain Seasons of the year, or on an occasional Journey, for in all such Cases the Husband is still supposed to have the Command over his Wife, so far as to restrain her from breaking this Law, and in case she offends, 'tis to be supposed by his consent or connivance, and therefore this Law lays the Punishment upon his shoulders.   

SECT. 16.  
PRovided also that no Peer of this Realm shall be Attached or Imprisoned by force of this Act, etc. Peer here seems to include all such as by Law are Privileged from Personal Arrests in Civil Actions, Attached or Imprisoned, is in their Bodies, for their Goods may be distrained upon a Conviction for such a Meeting as well as any Commoners, this is merely designed to privilege their Persons from all trouble, who are Consanguinei & Comites Regis, and always intended to be busied in arduis negotiis regni, in the Service of his most Sacred Majesty.   

SECT. 17.  
PRovided also that this Act, nor any thing therein contained, shall extend to invalidate or avoid his Majesty's Supremacy in Ecclesiastical Affairs, but that his Majesty, 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 any of his Predecessors have or might have done the same, any thing in this Act notwithstanding. This Clause is an ample affirmance of the King's Prerogative in Ecclesiastical Affairs notwithstanding this Act, which I shall not presume here to discuss, especially considering that it will no way be instructive for the better Execution of the Powers and Provisions of this Act, which was the only end of our great Judge in making these Observations, and is the end of their present publication, and therefore I shall here conclude with this one Remark, viz. That the time of making this Act is mistaken in the Print, which may be of use to observe in case any Action be brought against any Justice of the Peace or other Person for the 100 l. Penalty for the neglect of his Duty, 'tis there said to be at a Parliament continued by Prorogation to the 14th of Febr. 1669/70 from whence it is continued by Adjournment made the 11th of April, 1670. to the 24th day of October following, which makes a kind of discontinuance, for it says the Adjournment made the 11th of April, from the 14th of Feb. before, 'tis safest therefore to omit the Adjournments and take no notice of them, but only at a Parliament begun at Westminster the 8th of May, An. Dom. 1661. in the 13th year of, etc. and there continued by several Prorogations to the 14th of Febr. 1669/70 and no more.    

Midd' MEmorandum, Quod decimo die Novembris, anno Regni Domini nostri Serenissimi Caroli Secundi Deigratia Angliae, Scotiae, Franciae & Hiberniae, Regis fidei defensoris, etc. tricesimo quinto venit J.S. de in come Midd' Yeoman, coram nobis ad tunc & adhuc duobus Justiciar' dicti Domini Regis ad pacem suam pro come praed' conservand' assignat' apud S. in come praed' Et dedit nobis intelligi & informari de quodam Conventiculo & illicit' assemblation' sub colore exeolendi Religionem in alio modo quam secund' liturgiam & usum Ecclesiae Anglicanoe ante tunc tempus tent' contraformam statut' Et super inde Examinatione debitâ adtunc & ibid' habitâ tam per Sacrament' praed' J.S. & A.B. de, & c. & C.D. de, & c. coram nobis in eâ parte legitimo modo praestit' quam per notoriam Evidentiam facti nobis Justiciariis praed'  & plene apparet quod M. N. de, & c. L. M. de, & c. cum multis aliis, in toto se attingent' add numerum vigint' personarum praeter familiam praed' M. N. & quilibet eorum die dominicâ, viz. Primo die hujus instantis Novembris, ultra aetatem sexdecim annor' & subdit' dict' Domini Regis nunc existentes praedicto primo die hujus Novembris in simul assemblaverunt & praesentes fuerunt, & quilibet eorum praesens fuit in domo mansionali ipsius M.N. in Parochia de in come praed' add Conventiculum sub pretextu Exercitationis Religionis in alio modo quam allocatur per Liturgiam aut usum Ecclesiae Anglicanae, adtune & ibid' tent' contra formam Statut' ad praevenienda & supprimenda seditiosa Conventicula nuper edit' & provis. Ac etiam quod praed' M. N. tempore & loc● ultime supradictis scienter & voluntary permisit Conventiculum praed' fore tenend' in domo mansionali sua praed' etiam contra formam Statut' praed', quodque praed' O. P. tempore & loco ultime supradict' assumpsit super se docere in Conventiculo praed' & in eodom adtunc & ibid. docuit contra formam Statut' praed. Record' quarum quidem separal' offensar' nos  
Justiciarii praed' quibus (secund' formam & effect' Stat' praed') separales offens' praed' fie ut prefertur fore commiss. sufficienter apparet per praesentes sub manibus & sigillis nostris hocce instanti decimo die Novembris anno tricesimo quinto supradict' apud S. praed' in come praed' fecimus, praedictique M. N. L. M. O. P. & c. de separalibus offensis suis praed' superius mentionat' virtute Statut' praed' sunt convicti & quilibet eorum inde separaliter convictus est. Et nos praefati Justiciarii superinde virtute Statut' praed' die anno & loco ultime supradictis in & super praed' L. M. & c. Sic ut praefertur ad Conventiculum praed' present existent' proseparalibus offensis suis finem separaliter imposuimus, praedictúsque O. P. pro offence. sua praed' in docendo ad Conventiculum praed' forisfecit summam vigint' librar' vigore Statut' praed' praedictique M. N. pro offence. ejus praed' in permissione Conventiculi praed 'fore-tenend fore-tenend' in domo sua mansionali praed' forisfecit summam vigint' librar' vigore ejusdem Statut'. In quorum omnium praemissorum testimonium Nos praefat ' Justiciarii die anno & loco primo superius mentionat' manus & sigillum nostrum, praesentibus apposuimus.   

ERRATA.  
PAg. 48. Lin. 24. r. imposed. P. 54. l. 15. r. in respect of poverty. P. 86. l. 24. for get, r. take. p. 87. l. 7. r. himself and readily to receive notice and information.  
FINIS.