England," according to the said against those that are commissioned act, or any other subsequent act. by him, in pursuance of such And, whereas, they or some of commissions; and that I will not them, and divers other person or at any time endeavour any alterapersons, not ordained according tion of government either in church to the form of the Church of Eng, or state." land, and as have, since the Act III. And all such person and of Oblivion, taken upon them to persons as shall take upon them preach in unlawful assemblies, topreach in any unlawful assembly, conventicles or meetings, under conventicle, or meeting, under colour or pretence of exercise colour or pretence of any exercise of religion contrary to the laws of religion, contrary to the laws and statutes of this kingdom, and statutes of this kingdom, shall have settled themselves in di- not at any time from and after the verse corporations in England, four and twentieth day of March, sometimes three or more of them which shall be in this present year in a place, thereby taking an op- of our Lord God, one thousand portunity to distil the poisonous six hundred sixty and five, unless principles of schism and rebellion only in passing upon the road, into the hearts of his majesty's come or be within five miles of subjects, to the great danger of the church and kingdom: II. Be it therefore enacted by the king's most excellent majesty, by and with the advice and consent of the lords, spiritual and temporal, and the commons, in this present Parliament assembled, and by the authority of the same, that the said parsons, vicars, curates, lecturers, and other persous in holy orders, or pretended holy orders, or pretending to holy orders, and all stipendaries, and other persons who have been possessed of any ecclesiastical or spiritual promotion, and every of them, who have not declared their unfeigned assent and consent, as aforesaid, and subscribed the declaration aforesaid, and shall not take and subscribe the oath follow. any city or town corporate, or borough that sends burgesses to the Parliament, within his majesty's kingdom of England, principality of Wales, or of the town of Ber wick upon Tweed, or within five miles of any parish, town or place, wherein he or they have since the Act of Oblivion, been parson, vicar, curate, stipendary, or lec turer, or taken upon them to preach in any unlawful assembly, conventicle, or meeting, under colour or pretence of any exercise of religion, contrary to the laws and statutes of this kingdom; be. fore he or they have taken and subscribed the oath aforesaid, before the Justices of the peace at their Quarter Sessions, to be hol den for the county, riding, or di vision next unto the said corporation, city or borough, parish, place or town in open court, (which said oath the said justices are hereby impowered there to ad minister,) upon forfeiture for every such offence, the sum of forty pounds of lawful English money; the one unless upon or before such com. mitment, he shall, before the said justices of the peace, swear and subscribe the aforesaid oath and declaration. third part thereof to his majesty, to commit the offender for six and his successors; the other third months, without bail or mainprize, part to the use of the poor of the parish where the offence shall be comuted; and the other third part thereof, to such person or persons as shall or will sue for the same, by action of debt, plaint, -bill, or information, in any Court of Record at Westminster, or befor any justices of Assize, Oyer and Terminer, or goal delivery, or before any justices of the counties palatine, of Chester, Lancaster, or Durham, or the justices of the Great Sessions of Wales, or before any justices of peace in their Quarter Sessions, wherein no assoign, protection or wager of law shall be allowed. IV. Provided always, and be it further enacted, by the authority aforesaid, That it shall not be law. ful for any person or persons re. strained from coming to any city, town corporate, borough, parish, town or place, as aforesaid, or for any other person or persons as shall not first take and subscribe the said oath, and as shall not fre. quent divine service, established by the laws of this kingdom, and carry him or herself reverently, decently and orderly there, to teach any public or private school, - or take any boarders or tablers that are taught or instructed by him or herself, or any other, upon pain for every such offence to forfeit the sum of forty pounds, to be - recovered and distributed as aforesaid. VI. Provided always, That if any person intended to be restrained by virtue of this act, shall, without fraud or covin, be served with any writ, subpoena, warrant, or other process, whereby his per sonal appearance is required, his obedience to such writ, subpoena, or process, shall not be construed an offence against this act. The Conventicle Act, 22 Charles II. Chap 2. intituled-An Act to prevent and suppress seditious Conventicles. For providing further and more speedy remedies against the growing and dangerous practices of seditious sectaries and other dis loyal persons, who, under pretence of tender consciences, have or may at their meetings contrive insur rections (as late experience hath shewn); be it enacted by the King's 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 V. Provided also, and be it fur- meeting, under colour or pretence ther enacted, by the authority of any exercise of religion, in other aforesaid, That it shall be lawful manner than according to the Litur for any two justices of the peace, gy and practice of the Church of of the respective county, upon England, in any place within the oath to them of any offence against kingdom of England, or dominion this act, which oath they are of Wales, or town of Berwick upon hereby impowered to administer, Tweed, at which conventicle, meet. ing, or assembly, there shall be five persons or more assembled toge ther, 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 in. habiting 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 afore said 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 im. powered and required to administer) or by notorious evidence and circumstances 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 ma gistrate respectively shall impose upon 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. II. 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 there. of, 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 offender's 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, headborough, tithingman, church-wardens and over. seers of the poor respectively, are hereby authorised and required to levy the same accordingly, having first received a warrant under the hands and seals of the said justice, justices, or chief magistrate respectively so to do; the said monies 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 sheriff 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 ses sions, which said court shall de- 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, then such of fender 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. liver 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, dis persing and punishing of the said conventicles. IV. And be it further enacted by the authority aforesaid, That every person who shall wittingly and wil lingly suffer any such conventicle, meeting, or unlawful 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. III. 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, V. Provided always, and be it and cannot be found, or in the enacted by the authority aforesaid, judgment of the justice, justices That no person shall, by any clause or chief magistrate before whom of this act, be liable to pay above he shall be convicted, shall be ten pounds for any one meeting, thought unable to pay the same, in regard of the poverty of any the said justice, justices or chief other person or persons. magistrate respectively, are hereby VI. Provided also, and be it VIII. Provided always, That every such appeal shall be left with the person or persons so convicting, as aforesaid, at the time of the mak ng thereot further enacted, That in all cases take, and required to certify the of this act, where the penalty or same to the next Quarter Sessions: sum charged upon any offender and in case no recognizance be exceeds the sum of ten shillings, entered into, the said appeal to be and such offender shall find himself null and void. aggrieved, it shall and may be lawful for him, within one week, after the said penalty or money charged shall be paid or levied, to appeal in writing from the person or persons convicting, to the judgment IX. And be it further enacted, of the justices of the peace, in by the authority aforesaid, That their next Quarter Sessions; to the justice, justices of the peace whom the justice or justices of the and chief magistrate respectively, peace, chiefmagistrate oralderman, or the resp ctive constables, head. that first convicted such offender, borough and tithingmen, by warshall return the money levied upon rant from the said justice, justices the appellant, and shall cerify, or chiet magistrate respectively, under his and their hands and seals, shall and may, with what aid, the evidence upon which the con- force and assistance they shall viction past, with the whole record think fit, for the better execution thereof, and the said appeal of this act, after refusal or denial whereupon such offender may plead to enter, break open and enter into and make defence, and have his any house or other place, where trial by a jury thereupon; and in they shall be informed any such case such appellant shall not prose- conventicle, as aforesaid, is or cute with effect, or if upon such shall be held, as well within libertrial, he shall not be acquitted, ties as without; and take into their or judgment pass not for him upon custody the persons there unlawhis said appeal, the said justices fully assembled, to the intent they at the sessions, shall give treble may be proceeded against accordcosts against such offender for his ing to this act: and that the lieuunjust appeal: and no other court tenants or deputy-lieutenants, or whatsoever shall intermeddle with any cominissionated officer of the any cause or causes of appeal upon militia, or other of his majesty's this act, but they shall be finally forces, with such troops or com. determined in the Quarter Sessions panies of horse and foot; and also only. 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 soonest, on certificate made to them re. spectively under the hand and seal VII. 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 re. cognizance, the person or persons convicting is hereby impowered to |