FOr Providing further and more speedy Reme­dies against the grow­ing and dangerous Pra­ctices of Seditious Se­ctaries, and other Disloy­al Persons, who under Pretence of tender Con­sciences, have or may at their Meétings Contrive Insurrections (as late Experi­ence hath shewen) 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 [Page 4] any time after the Tenth day of May next, shall be present at any Assembly, Conven­ticle or Meeting, under Colour or Pretence of any Exercise of Religion, in other man­ner then according to the Liturgy and Practice of the Church of England, in any place within the Kingdom of England, Do­minion of Wales, or Town of Berwiick upon Tweed, at which Conventicle, Meeting, or Assembly, there shall be five persons or more, assembled together, over and besides those of the same Houshold; if it be in a House where there is a Family Inhabiting, or if it be in a House, Field▪ or Place where there is no Family Inhabiting, Then where any Five Persons or more, are so Assembled as aforesaid, It shall and may be lawful to and for any one or more Iu­stices 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 such Offence aforesaid shall be commit­ted, And he and they are hereby Required and Enjoyned upon Proof to him or them respectively made of such Offence, either by Confession of the Party, or Oath of Two Witnesses (which Oath the said Iustice and Iustices of the Peace, and Chief Magistrate respectively, are hereby Impowred and Required to Admini­ster) or by notorious Evidence and Cir­cumstance of the Fact, to make a Record of every such Offence under his or their Hands and Seals respectively: which Record so made as aforesaid, shall to all intents and [Page 5] 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 Iustice, Iustices 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 Iu­stice, Iustices or Chief Magistrate at the next Quarter-Sessions of the Peace, for the County or place where the Offence was com­mitted.

And be it further Enacted by the Authority aforesaid, That if such Offender so Convicted, as aforesaid, shall at any time again commit the like Offence or Offences, contrary to this Act, and be thereof in manner aforesaid convicted; Then such Offender so convict of such like offence or offences, shall for every such Offence incur the Penalty of 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 Iustice, Iustices or chief Magistrate respe­ctively, so as the Sum to be levied on any one person in case of the povertie 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 Constra­ble, Head-borough, Tything-man, Church-wardens, [Page 6] and Overseers of the Poor respe­ctively, are hereby Authorized and required to levy the same accordingly, having first received a Warrant under the hands and seals of the said Iustice, Iustices or chief Magi­strate respectively so to do; the said moneys so to be levied, to be forthwith delivered to the same Iustice, Iustices or chief Magistrate, and by him or them to be distributed; The one third part thereof to the use of the Kings Majesty, his Heirs & Successors, to be paid to the High Sheriff, of the County for the time being in manner following, that is to say, the Iustice or Iustices 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 Iustice and Iustices, and a Charge to the Sheriff, which said Discharge and Charge, shall be certified into the Exchequer together, & not one with­out the other: And no Iustice shall or may be questioned or accountable for the same in the Exchequer or elsewhere, then in Quarter-Sessions; And other third part thereof to & 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 Iustice, Iustices, or chief Magistrate respectively shall appoint, having regard to their diligence and industry in the discovery, dispersing, and punishing of the said Conventicles.

[Page 7] And be it further Enacted by the Authori­ty aforesaid, That every person who shall take upon him to Preach or Teach in any such Meeting, Assembly, or Conventicle, and shall thereof be Convicted as aforesaid, shall forfeit for every such first Offence, the Sum of 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, and cannot be found, or in the Iudgment of the Iustice, Iu­stices or chief Magistrate before whom he shall be Convicted, shall be thought unable to pay the same, the said Iustice, Iustices, or Chief Magistrate respectively, are hereby Im­powred and Required to levy the same by Warrant, as aforesaid, upon the Goods and Chattels of any such persons who shall be present at the same Conventicle; Any thing in this or any other Act, Law or Statute to the contrary not withstanding. 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, then such Offender so Convicted of such like Offence or Offences, shall for every such Offence, incurre the Penalty of Fourty pounds, to be levied and disposed as afore­said.

And be it further Enacted by the Authority aforesaid, That every person who shall wit­tingly and willingly suffer any such Con­venticle, [Page 8] Meeting▪ or unlawsul Assembly aforesaid, to be held in his or her House, Out-house, 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 further 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 finde himself agrieved, it shall and may be lawful for him within one Week, after the said Penalty or Money charged, shall be paid or levied, to Appeal in writing from the person or persons Convict­ing, to the Iudgment of the Iustices of the Peace in their next Quarter-Sessions; to whom the Iustice or Iustices of Peace, Chief Magistrate, or Alderman, that first convicted such Offender, shall return the Mo­ney levied upon the Appellant, and shall cer­tifie under his and their Hands and Seals, [Page 9] the Evidence upon which the Conviction past, with the whole Record thereof, and the said Appeal: Whereupon such offender may Plead and make Defence, and have his Try­al by a Iury thereupon: And in case such Ap­pellant shall not Prosecute with effect, or if upon such Tryal he shall not be acquitted, or Iudgment pass not for him upon his said Appeal, the said Iustices at the Sessions, shall give treble 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 onely.

Provided always, and be it further Enact­ed, That upon the delivery of such Appeal, as aforesaid, the person or persons Appellant shall enter before the person or persons con­victing into a Recognizance, to prosecute the said Appeal with effect: Which said Recog­nizance, the person or persons Convicting, is hereby Impowred to take, and required to certifie the same to the next Quarter-Sessi­ons: And in case no such Recognizance be entred into, the said Appeal to be null and void.

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 further Enacted by the Authority aforesaid, That the Iustice, Iustices of the Peace, and Chief Magistrate respectively, or the respective Constables, Head-boroughs, and [Page 10] Tything-men, by Warrant from the said Iustice, Iustices, or Chief Magistrate re­spectively, shall and may with what aid, force and assistance they shall think fit, for the better execution of this Act, after refusal or denial, to enter, break open, and enter into any house or other place, where they shall be informed any such Conventicle, as aforesaid, is or shall be held, as well within Liberties as without; and take into their Custody the persons there unlawfully assembled, to the intent they may be proceeded against accord­ing to this Act: And that the Lieutenants, or Deputy-Lieutenants, or any Commissi­onated Officer of the Militia, or other of His Majesties Forces, with such Troops or Companies of Horse and Foot; And also the Sheriffs and other Magistrates and Mini­sters of Iustice, or any of them joyntly 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 meét, or can get in readiness with the soonest, on Certificate made to them respectively un­der the Hand and Seal of any one Iustice of the Peace or Chief Magistrate, of his particular Information or Knowledge of such unlawful Meéting or Conventicle held, or to be held in their respective Counties or places; And that he with such Assistance as he can get together, is not able to suppress and dissolve the same, shall and may, and are hereby required and enjoyned to repair unto the place where they are so held, or to [Page 11] be held, and by the best means they can to dissolve, dissipate, or prevent all such unlaw­ful Meetings, and take into their Custody such and so many of the said persons so un­lawfully assembled, as they shall think fit, to the intent they may be proceeded against according to this Act.

Provided always, That no Dwelling-house of any Peer of this Realm, where he or his Wife shall be then resident, shall be searched by vertue 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 Iustices of the Peace, whereof one to be of the Quorum of the same County or Ri­ding.

And be it further Enacted by the Authori­ty aforesaid, That if any Constable, Head-borough, Tything-man, Church-warden, 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 Iustice of the Peace, or the Chief Magistrate, and endeavour the Conviction of the Parties, according to his Duty; but such Constable, Headborough, Tythingman, Churchwarden, Overseers of the Poor, or any person lawfully called in aid of the Constable Headborough, or Tything­man, shall wilfully and wittingly omit the performance of his Duty, in the Execution of this Act, and be thereof Convicted in manner aforesaid, he shall forfeit for every such Of­fence, [Page 12] the sum of five pounds, to be levied up­on his goods and Chattels, and disposed in manner aforesaid: And that if any Iustice 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 Moity to the use of His Majesty, the other Moity to the use of the Informer, to be recovered by Action, Suit, Bill or Plaint, in any of His Majesties Courts at Westminster, wherein no Essoin, Protection, or Wager of Law shall lie.

And be it further Enacted by the Autho­rity aforesaid, That if any person be at any time Sued for putting in Execution any of the Powers contained in this Act, otherwise then upon Appeal allowed by this Act, such person shall and may plead the General Is­sue, and give the special Matter in Evidence; and if the Plaintiff be Non-suit, or a Verdict pass for the Defendant, or if the Plaintiff discontinue his Action, or if upon Demurrer, Iudgment be given for the Defendant, eve­ry such Defendant shall have his full treble Costs.

And be it further Enacted by the Authori­ty aforesaid, That this Act, and all Clauses therein contained, shall be construed most largely and beneficially for the Suppressing of Conventicles, and for the Iustification and Encouragement of all persons to be im­ployed in the Execution thereof; And that no Record, Warrant, or Mittimus to be made by vertue of this Act, or any proceéd­ings [Page 13] thereupon, shall be Reversed, Avoided, or any way Impeached by reason of any De­fault in form. And in case any person of­fending against this Act, shall be an Inha­bitant in any other County or Corporation, or flie into any other County or Corporation, after the Offence committed, the Iustice of the Peace, or chief Magistrate, before whom he shall be Convicted as aforesaid, shall Certi­fie the same under his Hand and Seal, to any Iustice of Peace, or chief Magistrate of such other County or Corporation wherein the said person or persons are Inhabitants, or are fled into; which said Iustice or chief Ma­gistrate respectively, is hereby Authorized and Required to levy the Penalty or Penalties in this Act mentioned, upon the Goods and Chattels of such person or persons, as fully as the said other Iustice 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 moneths after the Of­fence committed. And that no person who shall be punished for any Offence by vertue of this Act, shall be punished for the same Offence by vertue of any other Act or Law whatsoever.

Provided, and be it further Enacted by the Authority aforesaid, That every Alderman of London for the time being, within the City [Page 14] of London, and the Liberties thereof shall have (and they and every of them are hereby Impowred and Required to Execute) the same power and Authority within London, and the Liberties thereof, for the Exami­ning, Convicting, and Punishing of all Of­fences within this Act committed within London, and the Liberties thereof, which any Iustice 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 Iustice 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 Warant, 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 vertue 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 Majesties Suprema­cy in Eeclesiastical Affairs; But that His Majesty, and His Heirs and Successors may from time to time, and at all times here­after, [Page 15] Exercise and Enjoy all Powers and Authorities in Ecclesiastical Affairs, as fully and as amply as himself or any of his Predetessors have or might have done the same: Any thing in this Act notwithstand­ing.