Choice presidents upon all Acts of Parliament relating to the office and duty of a justice of peace. With necessary notes and instructions thereupon taken out of the said Acts of Parliament, and other particular cases in law adjudg'd therein. As also a more useful method of making up Court-Rolls than hath been hitherto known or published in print. By Rich. Kilburne, Esq; late one of His Majestie's Justices of the Peace for the county of Kent, and principal of Staple-Inn.

Conventicles.

A Condition of a Recognizance in case* 1.1 of an Appeal made touching Conventicles.

THe Condition of this Recognizance is such, That whereas R. G. of R. in the within named County of Kent, Gentleman,

was lately convicted by the within named Ju∣stices of taking upon him to teach in an As∣sembly lately held in the Parish-Church of Sandherst within written, (under pretence of exercise of Religion in other manner then ac∣cording to the Liturgy and practice of the Church of England, against the form of the Statute lately made to prevent and suppress Se∣ditious Conventicles) and had therefore (ac∣cording to the Statute aforesaid) forfeited the summe of twenty pounds; And for that (in the judgments of the said Justices) they did think the said R. G. unable to pay the said summe of twenty pounds, they did therefore (by their discretions) adjudge five pounds thereof to be levied by Distress and Sale of the Goods and Chattels of the within bound W. W. who was also (according to the said Statute) convicted of being present at the said Assembly, (contrary to the Statute aforesaid:) And whereas the said W. W. was also by the said Justices convicted, for that he at the time of the said Assembly was one of the Church∣wardens of the said Parish, and knowing the said Assembly to be holden within the same, did not give information thereof to any Ju∣stice of the Peace, nor endeavour the Convic∣tion of the parties which were at the said As∣sembly, nor of any of them, (according to the duty of his said Office) but wittingly and wil∣lingly did omit the performance of his Office aforesaid in the execution of the said Statute, (against the form of the same) by which he forfeited the summe of five pounds: And the said two several summs of five pounds have (by Warrant of the said Justices) been le∣vied of the Goods and Chattels of the said W. W. and he hath the day and year within writ∣ten

appealed from the Justices aforesaid to the judgment of the Justices of the Peace of the said County in their next Quarter-Sessions: If therefore the said W. W. do prosecute the said Appeal (with effect,) that then this Recogni∣zance shall be void, or else it shall stand in full force.

And forasmuch also as the aforesaid Wife of* 1.2 the said S. B. is a Feme-Covert cohabiting with the said S. B. (her Husband;) These are therefore, &c. (prout, &c.) forthwith to levy the aforesaid five shillings (so imposed upon her as aforesaid) by Distress, &c. (prout, &c.)

And forasmuch as a man unknown did then* 1.3 and there take upon him to preach or teach, (prout the Record) you may levy twenty pound upon any the Offenders as in your judgment shall seem fit.

A Record of a Conventicle.

¶ This Record must be written in Parchment, and would be better in Latin, according to the Precedent ensuing.

K. st. MEmorandum, That upon the tenth* 1.4 day of Iune in the 31. year of the Reign of our Sovereign Lord Charles the Second, (by the grace of God) of England; Scotland, France and Ireland King, Defender of the Faith, &c. it was (according to the form of an Act of Parliament in that behalf lately made, intituled, An Act to prevent and suppress Seditious Conventicles) duly proved to

us, That A. B. being of the age of sixteen years and upwards, and a Subject of this Realm, was (upon the first day of Iune now last past, in the Parish of, &c.) present at T. in the said County, under a 1.5 of exercise of Religion, in other manner than is allowed by the b 1.6 of the Church of England, (contrary to the Act aforesaid.) Of all which we have the day and year first above written made this Record under our hands and seals.

A Record concerning Conventicles where several persons are con∣victed.

Kanc. ss. MEmorandum, Quod J. S. de Sundrich in Com' praedict' Yeoman, Ed. W. de W. in Com' praed' Gene∣rosus, Maria uxor G. J. de parochia de E. in Com' praed' Husbandman, Eliz. Williard de Edenbridge praed' in Com' praed' vidua, J. B. de, &c. (cum multis aliis, in toto se attingen' ad numerum duodecim personarum,) & quilibet eorum, die Solis vicesimo sexto die Junii, Anno Regni Domini Regis nunc vicesimo secundo, ultra •…•…tatem sexdecim annor' & subditi dicti Dom' Re∣gis nun•…•… existen', praed' 26. die Junii, Anno vi∣cesimo secundo supradicto, insimul assemblaver' & praesentes fuer', & quilibet eor' praesens fuit, in domo mansionali ipsius Annae Pelham, viduae, in praed' parochia de Edenbridge in Com' praed' ad Conventiculum, sub colore exercitationis (An∣glice

exercise) Religionis in alio modo quam se∣cund' Liturgiam & practicationem (Anglice practice) Ecclesiae Angliae (ad tunc & ibidem tent') contra formam Statuti praevenire & sup∣primere seditiosa Conventicula nuper edit' & provis.

Memorandum etiam, Quod (tempore & loco supradictis) praed' Johannes Stiles assumpsit su∣per se docere in Conventiculo praed', & in eodem (adtun•…•… & ibidem) docuit, contra formam Sta∣tuti praed'; Quódque praed' Anna Pelham vidua tempore supradicto scienter (Anglicè wittingly) & voluntarie permisit Conventiculum praedictum fore tenend' in domo mansionali sua praed', (etiam contra formam ejusdem Statuti.)

Record' quarum quidem separalium offensarum* 1.7 Ego Willielmus Leche miles, (unus Iustic' dicti Domini Regis ad pacem suam in Com' suo pr•…•…d' conservand' assign') cui (secundum formam & effectum Statuti praed') separales offens. praed' sic (ut praefertur) fore commiss. sufficient' apparuit, per praesentes sub manu & sigillo meo undecimo die Julii, Anno vicesimo secundo supradicto, apud Westerham praed' in Com' praed' feci. Praedictique Johannes Stiles, Edwardus Whitaker, praedict' Maria, uxor praed' Georgii Johnson, Eliz. Williard, Josephus Browne junior, Josephus Browne senior, Johannes Fletcher, Robertus Pelham, Anna Pelham vidua A. B. & Dorothea Pelham Spinster, de separalibus offensis suis (in Record' praedict' superius mentionat') per Recor∣dum illud (virtute Statut' praed') plene & per∣fecte convicti sunt, & quilibet eorum inde separa∣lit' plene & perfecte convict' est. Et ego praefat' Iusticiar' superinde (virtute Statut' praed') die, Anno & loco ultim' mentionat' Finem quinque solidor' super quemlibet offensor' (Anglicè Offen∣ders) praed' sic (ut prefertur) ad Conventicu∣lum

praed' praesent' existen' (pro separali offensa sua praed') imposui. Praedictaque Anna Pelham vidua pro offensa sua praed', eo quod ipsa (ut prae∣fertur) permisit Conventiculum praed' fore tenend' in domo mansionali sua praedicta, forisfecit sum∣mam viginti librar' (virtute Statuti praed'.) Praedictúsque Johannes Stiles pro offensa sua praed', eo quod ipse (ut praefertur) assumpsit su∣per se docere in Conventiculo praedicto, & in eo∣dem (ut praedictum est) docuit, forisfecit sum∣mam viginti librarum (virtute Statuti praed'.)

A Record of the Conviction of cer∣tain persons taken at a Conven∣ticle.

Kanc. ss. MEmorandum, Quod S. B. de par. de C. &c. prout, &c. & quidam alius homo ignotus, (in toto se attingen. ad numerum octo personarum) & quilibet eorum, 3. die, &c. Anno, &c. ultra aetatem, &c. & subdit', &c. quorumque ad numerum quinque per∣sonarum non adtunc fuerunt de familia Roberti Kite de praedicta par' &c. in Com' praed' Mer∣cer, (in praed' par' de Stapl.) eodem 3. die, &c. Anno, &c. insimul assemblaverunt & presentes fuerunt, & quilibet eorum praesens fuit, in domo mansionali ipsius Roberti Kite in praed' par' de Stapl. in Com' praed' (ad Assembl. sub colore, &c. prout, &c. & adtunc & adhuc in pleno robore existen'.)

Memorandum etiam, Quod praed. homo igno∣tus ad tunc & ibidem assumpsit super se docere in Ass. praed. & (ad tunc & ibidem) docuit, (etiam contra formam ejusdem Statut.)

Memorandum etiam, Quod praed. Robert. Kite tempore supradicto scienter (Angl. wittingly)

& voluntarie permisit Ass. praed. fore tenend. in domo mansionali sua praed. (etiam contra for∣mam Statuti praed.)

Record. quarum quidem separalium offensa∣rum Nos J. H. Miles, W. C. S. B. & R. K. Arm. (Iustic. dicti Domini Regis ad pacem suam in Com. sua praed. cons. ass.) quibus (se∣cundum formam & effectum Sta•…•…uti praed.) se∣parales offens. praed. sic (ut praefertur) fore commiss. sufficient. apparuit, per praesent. sub ma∣nibus & sigillis nostris 17. die Apr. Anno 27. supradicto apud C. praed. in Com. praed. fecimus. Praedictique Sam. Bates & praed. uxor ejus, Henr. Start, &c. Robert. Kite, & praed. homo ignot', de separalibus offens. suis in Recordo praed. superius spec. per Record. illud (virtute Stat. praed.) plene & perfecte convict. sunt, & quilibet eorum inde separalit. plene & per∣fecte convict. est. Et nos praefat. Iustificiarii superinde (virtute Stat praed.) die, anno & loco ultim. mentionat. super quemlibet offensorum (Anglice Offenders) praed. (sic ut praefertur ad Assembl. praed. praesent. existen.) pro separali offensa sua praed. Finem quinque solidorum im∣posuimus. Praedictúsque homo ignot. pro offensa sua praed', eo quod ipse (ut praefertur) assumpsit super se docere in Assembl. praed. & (adtunc & ibidem) docuit, forisfecit summam viginti libra∣rum, (virtute Stat. praed'.) Praed. Robert. Kite pro offensa sua praed', eo quod ipse (ut praefertur) permisit. Ass. praed. fore tenend. in domo mansionali sua praed', forisfecit summam viginti librarum, (virtute Stat. illius.) Et quia (in judiciis nostris) putamus praed. H. Start fore pauperem & inhabilem solvere praed. finem quinque solid. super ipsum pro offensa sua praed. (eo quod ipse (ut praefertur) praesens fuit ad Ass. praed'. ut praefertur) impositum; Et eo

quod praed. finis quinque sol. super praed. homi∣nem ignot. (eo quod ipse (ut praefertur) prae∣sens fuit ad Ass. praed', ut praefertur) impo∣sit' de bonis & catallis suis levari non potest: Ideo (ex discretionibus nostris) praed. duos se∣parales fines 5 sol. ult. mentionat. de bonis & catallis praed. C. B. qui (ut praefertur) ad Ass. praed. praesens fuit, nos praefat. Iusticiarii (apud Cr. praed. in Com. praed. eodem 17. die Apr. Anno 27. supradicto) levari adjudicavi∣mus. Et quia praedictus homo qui (ut prae∣fertur) assumpsit super se docere in Ass. praed', & adtunc & ibidem docuit, est extraneus, (Angl. a stranger) & nomen & habitatio sua incognit. exist'; Ideo (ex discr. nostris) praed. summam 20 li. per ipsum pro offens. sua prae∣dicta (ut praefertur) forisfact', nos (praesat. Iusticiarii, die, anno & loco ult. mentionat.) de bonis & catallis separalium personarum hic postea mentionat. levari adjudicavimus modo & forma sequen'; videlicet de bonis & catallis praed. J. B. qui, &c. (prout, &c.) 9 li. & 10 s. inde, & de bonis & catallis praed. C. B. qui etiam, &c. (prout, &c.) 40 s. inde, & de bonis, &c. praed. R. C. qui etiam, &c. (prout, &c.) 100 s. (inde resid',) &c. ut in Recordo.

In quarum omnium rerum test. nos praefat. Iustic. (die, anno & loco ult. mentionat.) man. & sigill•…•… nostr. praesentibus opposuimus.

Memorial of a Record of a Con∣venticle.

Kent ss. A Memorial of the Account of the Moneys mentioned in the Record certified at the Quarter-Sessions of the Peace holden for the said County at Maidstone in the County aforesaid, (on Tuesday next after the Close of Easter, 1679.) by Sir I. H. Knight, W. C. S. B. and R. K. Esquires, (four of His Majestie's Justices of the Peace of the said County) forfeited (as in the said Record is mentioned) in an Assembly holden (in the dwelling-house of R. K. in the Parish of Sta∣pleherst in the County aforesaid) under colour of exercise of Religion in other manner than according to the Liturgy of the Church of En∣gland, upon the thirtieth day of March, 1675.

His Majestie's third part of the said Forfeitures by the said Justices tendred into the Court of the general Sessions of the Peace holden for the said County at M. aforesaid on Tuesday next after the Close of Easter, 1679. and by appointment of the same by the said Justices paid to Sir I. C. Knight and Baronett, (She∣riff of the said County) to His Majestie's use. Viz.

For R. C. 20 d. 20 d. and 39 s. 4 d. All which was levi∣ed and paid to the said Ju∣stices since the last general Sessions of the Peace holden for the said County at M. aforesaid, viz. 02 02 08

Summa patet.

And as concerning the moneys in the said Record mentioned to be payable by the several persons •…•…ere under named, His Majestie's third part whereof cometh to as followeth, viz.

S. B. 20 d. 20 d. and 3 l. 3 s. 4 d. In all———	03	06	08
C. B. 20 d. 20 d. 20 d. and 13 s. 4. d. In all——	00	18	04
I. B. 20▪ d. and 23 s. 4 d. In all——	01	05	00
R. K.—	06	13	09
In all—	12	03	09

The said Justices do say, that they did up∣on the seventeenth▪ day of April 1678. (be∣ing the day of the Conviction of the persons aforesaid for their Offences in the said Record mentioned) make out their Warrants for le∣vying thereof, but they have not as yet re∣ceived▪ the same, or any part thereof; nor is the same, or any part thereof, (as yet) levi∣ed (that they know of,) though they have di∣ligently enquired after the same.

A Mittimus thereupon, upon the first Offence.

To the Constable and Borsholders of the Hundred of A. and to every of them, and to the Keeper of His Majestie's Gaol for the said County at B. in the County aforesaid.

K. ss. Forasmuch as C. D. was this present* 1.8 day (according to the form of an Act of Parliament lately made, intituled, An Act to prevent and suppress Seditious Conventicles▪) convicted by Record (by us made) of being present in the Parish of C. in the said County at a 1.9 under b 1.10 of exercise of Religion in other manner then is allowed by the c 1.11 of the Church of England, (contrary to the Act aforesaid;) And whereas we did upon the said Conviction fine the said C. D. d 1.12 for his said Offence, and he did not pay down the said Fine unto us: These are therefore (in His Majestie's name) to charge and command you the said Constable and Borsholders, and every of you, that you, some or one of you, do take the said C. D. and him safely convey to His Majestie's Gaol aforesaid, and there deliver him to the Keeper of the same, (to∣gether with this Precept.) Commanding also you, the said Keeper, to receive him into the said Gaol, and him there safely keep (without Bail or Mainprise) by the space of e 1.13 next after such delivery of him unto

you. Hereof fail not at your perils. Given under our, &c.

The like Mittimus (mutatis mutandis) to the House of Correction, if the Iustices think fit to send the Offender thither: which they must not do, if the Offender (or her Husband, if Feme-Covert) have 5 li. per annum Free∣hold or Copy-hold, or 50 li. in Goods.

A Mittimus upon the second Offence.

To the Constable, &c. (as in the precedent Warrant.)

Kent ss. FOrasmuch as C. D. was this pre∣sent* 1.14 day (according to the form of an Act of Parliament lately made, intituled, An Act to prevent and suppress Seditious Con∣venticles) convicted (by Record by us made) of being present in the Parish of T. in the said County at a 1.15 under b 1.16 of exercise of Religion in other manner than is allowed by the c 1.17 of the Church of England, (con∣trary to the Act aforesaid;) And whereas we did upon the said Conviction fine the said C. D. d 1.18 for his said Offence, and he did not pay down the said Fine unto us; And for∣asmuch as the said C. D. hath been once before that time convicted of the like Offence, (con∣trary to the Act asoresaid:) These are there∣fore (in His Majestie's name) to charge and command you the said Constable and Bors∣holders,

and every of you, that you, some or one of you, do take the said C. D. and him safely convey to His Majestie's Gaol aforesaid, and there deliver him to the Keeper of the same, (together with this Precept.) Com∣manding also you, the said Keeper, to receive him into the said Gaol, and him there safely keep (without Bail or Mainprise) by the space of e 1.19 next after such delivery of him unto you. Hereof fail not, &c.

The like Mittimus (mutatis mutandis) to the House of Correction, if the Iustices think fit to send the Offender thither: which they must not do; if they be satisfied that the Offender (or her Husband, if Feme-Covert) have 5 li. per annum Freehold or Copyhold, or 50 li. in Goods.

A Mittimus upon the third Con∣viction.

To the Constable and Borsholders, &c. (as in the precedent Warrant.)

Kent ss. FOrasmuch as C. D. was this* 1.20 present day (according to the form of an Act of Parliament lately made, in∣tituled, An Act to prevent and suppress Seditious Conventicles) convicted (by Record by us made) of being present in the Parish of T. in the said County at a 1.21 under b 1.22 of exer∣cise of Religion in other manner than is al∣lowed by the c 1.23 of the Church of England,

(contrary to the Act aforesaid;) And foras∣much as the said C. D. hath been twice be∣fore that time convicted of the like Offence, (contrary to the said Act:) These are there∣fore (in His Majestie's name) to charge and command you the said Constable and Bors∣holders, and every of you, that you, some or one of you, do take the said C. D. and him safely convey to His Majestie's Gaol aforesaid, and there deliver him to the Keeper of the same, (together with this Precept.) Command∣ing also you, the said Keeper, to receive him into the said Gaol, and him there safely keep (without Bail or Mainprise) untill the next general Quarter-Sessions for the West-Division of this County, the next Assizes, Gaol-delivery, Great Sessions, or Sitting of Oyer and Ter∣miner, in the County aforesaid, (which shall first happen;) And that you then and there have him, to be farther proceeded against as by the said Act is directed. Hereof fail not at your perils. Given under our hands and seals the, &c.

The like Mittimus (mutatis mutandis) to the House of Correction, if the Iustices think fit to send the Offender thither: which they must not do, if they be satisfied that the Offender (or her Husband, if Feme-Covert) have 5 li. per annum Free-hold or Copy-hold, or be worth 50 li. in Goods.

A Record against one that suffereth a Conventicle, &c. to be kept in his house.

¶ I conceive it fit that this Record be written in Parchment. And Quaere if not fit to be in Latin.

Kent ss. MEmorandum, That upon the* 1.24 second day of Iune in the 31. year of the Reign of our Sovereign Lord Charles the Second, (by the grace of God) of Eng∣land, Scotland, France and Ireland King, De∣fender of the Faith, &c. it was (according to the form of an Act of Parliament in that be∣half lately made, intituled, An Act to prevent and suppress Seditious Conventicles) duly proved to us, That R. T. of, &c. did wittingly and willingly suffer a 1.25 under b 1.26 of exercise of Religion, in other manner than is allowed by the c 1.27 of the Church of England, to be held in his d 1.28 in the Parish of T. in the said County on, &c. day now last past, (contrary to the Act aforesaid.) Of all which we have the day and year first above written made this Record under our hands and seals.

A Mittimus thereupon, upon the first Conviction.* 1.29

To the Constable and Borsholders of the Hundred of A. and to every of them, and to the Keeper of His Majestie's Gaol for the said County at C. in the County aforesaid.

Kent ss. FOrasmuch as D. E. was this pre∣sent day (according to the form of an Act of Parliament lately made, intituled, An Act to prevent and suppress Seditious Conven∣ticles) convicted (by Record by us made) of wittingly and willingly suffering a 1.30 under b 1.31 of exercise of Religion in other manner than is allowed by the c 1.32 of the Church of Eng∣land, to be held in his d 1.33 in the Parish of T. in the said County upon the second day of Iune now last past, (contrary to the Act aforesaid;) And whereas we did upon the said Conviction fine the said D. E. e 1.34 for his said Offence, and he did not pay down the said Fine unto us: These are therefore (in His Majestie's name) to charge and command you the said Con∣stable and Borsholders, and every of you, that you, some or one of you, do take the said D. E. and him safely convey to His Majestie's Gaol aforesaid, and there deliver him to the Keeper of the same, (together with this Pre∣cept.) Commanding also you, the said Keeper, to receive him into the said Gaol, and him there safely keep (without Bail or Mainprise)

by the space of f 1.35 next after such delivery of him unto you. Hereof fail not at your pe∣rils, &c.

The like Mittimus (mutatis mutandis) to the House of Correction, if the Iustices think fit to send the Offender thither: which they must not do, if the Offender (or her Husband, if Feme-Covert) have 5 li. per annum Freehold or Copy-hold, or 50 li. in Goods.

A Mittimus thereupon, upon the se∣cond Conviction.

To the Constable, &c. (as in the precedent War∣rant.)

K. ss. FOrasmuch as, &c. (as in the pre∣cedent* 1.36 Warrant, till you come to these words) And he did not pay down the said Fine unto us; (go on thus) And forasmuch as the said D. E. hath been once before that time convicted of the like Offence, (contrary to the Act aforesaid: These are therefore, &c. (as aforesaid.)

The like Mittimus (mutatis mutandis) &c. as aforesaid.

A Mittimus thereupon, upon the third Conviction.

To, &c. (as in fol. 102.)

Kent ss. FOrasmuch as, &c. (as in fol. 102.* 1.37 till you come to these words) And forasmuch as the said D. E. hath been twice before that time convicted of the like Offence, (contrary to the said Act:) These are there∣fore (in His Majestie's name) to charge and command you the said Constable and Borshol∣ders, and every of you, that you, some or one of you, do take the said D. E. and him safely convey to His Majestie's Gaol aforesaid, and there deliver him to the said Keeper of the same, (together with this Precept.) Com∣manding also you, the said Keeper, to receive him into the said Gaol, and him there safely keep (without Bail or Mainprise) untill the next general Quarter-Sessions, (for the West Division of this County) the next Assizes, Gaol-delivery, Great Sessions, or Sitting of any Commission of Oyer and Terminer, (in the County aforesaid) which shall first hap∣pen; And that you then and there have him to be farther proceeded against, as by the said Act is directed. Hereof fail not at your perils. Given under our hands and seals the, &c.

The like Mittimus (mutatis mutandis, &c.) as aforesaid.

A Warrant to levy the Penalty of the Statute upon the Teacher in a Conventicle.

To the Constable, Borsholders, Headboroughs and Tithingmen of the Hundred of M. & C. in the said County, and to every of them, and to the Church-wardens and Overseers of the Poor of the Parish of C. in the County aforesaid, and to every of them▪ and to all and every other Officers within the said County, whom the exe∣cution hereof may concern.

Kent ss. FOrasmuch as I did (this present* 1.38 day) receive a Certificate (to me directed) under the hand and seal of W. E. of S. in the County of Sussex, Esquire, (one of His Majestie's Justices assigned to keep His Peace in the said County of Sussex) That G. H. of C. aforesaid, Tailour, was (upon the first day of this instant August) by him con∣victed (by proof to him made according to an Act of Parliament, intituled, An Act to pre∣vent and suppress Seditious Conventicles, lately made and provided) of being present in the Barn of R. W. of W. in the said County of Sussex, Husbandman, and there did take up∣on him to preach or teach at a Conventicle, (the five and twentieth day of Iuly last past) under pretence of exercise of Religion in other manner than according to the Liturgy and practice of the Church of England, and contrary to the form of the Act aforesaid;

and that therefore, being thereof convicted as aforesaid, the said G. H. did forfeit for the said first Offence twenty pounds and that he (the said Justice) had (by virtue of the said Act) imposed on him (so convict as aforesaid) for his said Offence the said summ of twenty pounds, (as being thought by him able to pay the same, as by the said Certificate appear∣eth:) These are therefore (by virtue of the Act aforesaid) in His Majestie's name, to com∣mand you, that you, some or one of you, do forthwith levy the said twenty pounds, (by Distress and Sale of the Goods and Chattels of the said G. H;) And that when you or any of you have so levied the said twenty pounds, (or any part thereof) that then you, they or he that hath so levied the same, do forthwith deliver the moneys so levied to the aforesaid W. E. (to be by him distributed according to the Act aforesaid.) Hereof neither you nor any of you are to fail at your perils. Given under my hand and seal at A. in the said County of Kent 10. Aug. 1679. Annoque Reg∣ni Regis Caroli Secundi 31.

A Warrant pro testes to prove the Conventicle.

To the Constable, (as in the precedent War∣rant.)

Kent ss. WHereas we have (this day) received information, That several persons (upon the 19. day of Iune last

past) were present in the Parish of S. in the said County at a Conventicle then and there held, under colour of exercise of Religion in other manner than according to the Liturgy and practice of the Church of England, (con∣trary to the form of an Act of Parliament late∣ly made and provided to prevent and suppress Seditious Conventicles;) And whereas we are also informed, That the several persons here under named can testify the particulars and truth of the premisses: These are therefore (in his Majestie's name) to command you and every of you, that you do give notice to the several persons, that they and every of them are by us commanded to appear before us at the house of R. K. Esq in H. in the County aforesaid on Wednesday the first day of this instant August at 8 of the clock in the forenoon of the same day, then and there to testify their several knowledges touching the premisses. Whereof neither they nor any of them are to fail at their perils. And you are farther hereby commanded to appear (at the time and place aforesaid,) to make appear un∣to us what you have done in the execution hereof. Hereof also you are not to fail at* 1.39 your perils. Given under our hands and seals at H. in the said County the, &c. day of, &c. 1670. 22 Car. &c.

A. B. of, &c. &c. as many as be▪

C. D. of, &c. &c. as many as be▪

A Warrant to levy the money upon the Offenders.

To the Constable, (as in page 105.)

K. ss. FOrasmuch as R. L. of the said Pa∣rish* 1.40 of S. Mercer, was (this pre∣sent day, according to an Act of Parliament to prevent and suppress Seditious Conventicles lately made and provided) by us convicted of his wittingly and willingly suffering an Assem∣bly to be holden in his dwelling-house in the said Parish of S. upon the 30. day of March now last past, (under colour of exercise of Re∣ligion in other manner than according to the Liturgy and practice of the Church of England, contrary to the form of the Act aforesaid) by which he hath (according to the said Act) for∣feited the summe of twenty pounds for his said Offence: These are therefore (in His Maje∣stie's name) to command you and every of you, forthwith to levy▪ (by Distress and Sale of the Goods and Chattels of the said Robert Kite) the aforesaid summe of twenty pounds; And you and every of you are (in his Majestie's name) hereby farther commanded, that when you or any of you have (as aforesaid) levied the summe aforesaid, that then they or he ha∣ving so levied the same do forthwith deliver the same to us or one of us, to be distributed accor∣ding to the said Act. Hereof neither you nor any of you are to fail at your perils. Given un∣der our hands and seals at C. &c. prout supra.

A Warrant to levy the money upon the Offenders.

To the Constable, &c. (prout precedent War∣rant.)

Kent ss. FOrasmuch as W. W. of the afore∣said Parish of S. Gent. (one of the Church-wardens of the said Parish) I. H. of the Parish aforesaid, Yeoman, (the other Church-warden of the said Parish) T. N. of the Parish aforesaid, Chandler, (one of the Over∣seers of the Poor of the said Parish) I. W. the elder of the Parish aforesaid, Yeoman, G. P. &c. (many others) W. H. of the Parish aforesaid, Yeoman, (Headborough of the North Borough in the said Parish) &c. (prout) were every of them this present day by us convicted, (ac∣cording to an Act of Parliament to prevent and suppress Seditious Conventicles lately made and provided) of being present (in the Parish-Church of Sandherst aforesaid in the County aforesaid) upon Sunday the nineteenth day of Iune last past (between the hours of nine and twelve before noon the same day) at an As∣sembly then and there held, (under pretence of exercise of Religion in other manner than ac∣cording to the Liturgy and practice of the Church of England, contrary to the form of the Act aforesaid;) and we have (by virtue of the said Act) imposed upon every of the said Offenders (so convicted as aforesaid) a Fine of five shillings for that his respective offence: These are therefore (in His Majestie's name)

to command you and every of you, forthwith to levy upon every of the said Offenders (re∣spectively)▪ by Distress and Sale of his respective Goods and Chattels the aforesaid Fine of five shillings. And forasmuch as R. Giles of Rol. in the said County, Gent. did then and there take upon him to teach (in the Assembly afore∣said,) and did then and there teach, (against the form of the Act aforesaid) and was this present day by us (according to the said Act) convicted of his said Offence, and he hath (for the same) forfeited the summe of twenty pounds; and for that (in our judgments) we do think the said R. G. unable to pay the said summe so forfeited as aforesaid: We have there∣fore (by our discretions) adjudged the same to be levied of the Goods and Chattels of the aforesaid W. W. I. H. Da. Pet. and I. C. who (as aforesaid) were all of them present at the Assembly, and are thereof (as aforesaid) con∣victed; and the same summe of twenty pounds to be levied in manner following. That is to say, one hundred shillings thereof of the Goods and Chattels of the said W. W. other one hun∣dred shillings thereof of the Goods and Chat∣tels of the said I. H. other one hundred shil∣lings thereof of the Goods and Chattels of the said D. P. and the other one hundred shillings thereof (residue) of the Goods and Chattels of the said I. C. These are therefore (in His Majestie's name) to command you and every of you, forthwith to levy one hundred shillings (parcel of the said summe of twenty pounds) by Distress and Sale of the Goods and Chat∣tels of the said W. W. and to levy other one hundred shillings (other parcel of the said summe of twenty pounds) by Distress and Sale of the Goods and Chattels of the said I. H.

and to levy other one hundred shillings (other parcel of the said summe of twenty pounds) by Distress and Sale of the Goods and Chattels of the said D. P. and to levy the other one hun∣dred shillings (residue of the said summe of twenty pounds) by Distress and Sale of the Goods and Chattels of the said I. C. And for∣asmuch as Thomas Hur of the aforesaid Parish of Sand. Labourer, was (this present day by us convicted (according to the Act aforesaid) of being present at the Assembly aforesaid, (contrary to the said Act) and we have also (by virtue of the Act aforesaid) imposed upon him a Fine of five shillings (for that his Of∣fence;) and for that we do (in our judg∣ments) think the said Thomas Hur poor, and unable to pay the said summe of five shillings (upon him for his said Offence imposed, as aforesaid:) We have therefore (by our discre∣tions) adjudged the same to be levied of the Goods and Chattels of the said I. W. who (as aforesaid) is convicted of the like Offence at the same Assembly. These are therefore (in His Majestie's name) to command you and every of you, forthwith to levy the said Fine of five shillings by Distress and Sale of the Goods and Chattels of the said I. W. And forasmuch as T. H. of B. in the County aforesaid, Malster, was (this present day) by us convicted (according to the Act aforesaid) of being present at the Assembly aforesaid, (contrary to the said Act) and for that the said T. H. heretofore committed the like Offence, and (according to the form of the Act aforesaid) was thereof convicted, therefore he (for his said Offence of being present at the Assembly herein before mentioned) hath in∣curred the penalty of ten shillings: These are therefore (in His Majestie's name) to command

you and every of you, forthwith to levy the said ten shillings by Distress and Sale of the Goods and Chattels of the said T. H. And for∣asmuch as Mary (the Wife of the said Iohn Wats) and Elizabeth (the Wife of the said Iohn Cogger) were both of them (this present day) by us convicted (according to the Act aforesaid) of being present at the Assembly aforesaid, (contrary to the said Act) and we have (by virtue of the Act aforesaid) imposed upon the said Mary a Fine of five shillings for that her said respective Offence; and we have also (by virtue of the said Act) imposed upon the said Elizabeth a Fine of five shillings for her said respective Offence; and for that the said Mary is a Feme-Covert, (cohabiting with the said Iohn Wats her Husband) and the said Eli∣zabeth is also a Feme-Covert, (cohabiting with the said Iohn Cogger her Husband;) These are therefore (in His Majestie's name) to command you and every of you, forthwith to levy the aforesaid Fine of five shillings so impo∣sed upon the said Mary (as aforesaid) by Di∣stress and Sale of the Goods and Chattels of the said Iohn Wats; and to levy the aforesaid Fine of five shillings so imposed upon the said Elizabeth (as aforesaid) by Distress and Sale of the Goods and Chattels of the said Iohn Cog∣ger. And forasmuch as the aforesaid W. W. (at the time of the said Assembly) was, and still is one of the Church-wardens of the Parish of Sand. aforesaid, and the aforesaid Iohn H. then also was, and still is the other Church∣warden of the aforesaid Parish, and the afore∣said Tho. Nurley then was, and still is one of the Overseers of the Poor of the said Parish, and the said Will. Hammon then was, and still is Headborough of the North Borough in the Pa∣rish

aforesaid; and every of them was (this present day) by us (according to the said Act) convicted, for that he knowing the Assembly aforesaid (in form aforesaid) to be holden within his aforesaid Parish, did not give infor∣mation thereof to any Justice of the Peace, nor endeavour the Conviction of the parties afore∣said, or any of them, but wittingly and wil∣lingly did omit the performance of his duty, in execution of the Act aforesaid, (against the form of the said Act) for which Offence every of them respectively▪ hath forfeited the summe of five pounds: These are therefore (in His Majestie's name) to command you and every of you to levy the summe of five pounds (by the said William Ward so forfeited as is last be∣fore mentioned) by Distress and Sale of his Goods and Chattels; and to levy the summe of five pounds (by the said W. H. so forfeited as is last before mentioned) by Distress and Sale of his Goods and Chattels; and to levy upon the other Church-warden, (prout.) And you and every of you are hereby (in His Ma∣jestie's name) farther commanded, that when you, or any of you, have (as aforesaid) le∣vied the several Fines and Forfeitures aforesaid, (or any of them) that then they or he so ha∣ving levied the same do forthwith deliver the same to us, (or one of us) to be distributed (according to the said Act.) Hereof neither you nor any of you, &c. (prout common form.)

To levy money upon a Gaoler, &c. for suffering one committed (up∣on this Act) to go at large.

To the Constable and Borsholders of the Hundred of A. and to every of them, &c.

K. ss. FOrasmuch as it hath been duly pro∣ved* 1.41 before me, That A. B. Keeper of His Majestie's Gaol at C. in the County afore∣said did upon the 10th day of Iune last past per∣mit D. E. to go at large, contrary to the War∣rant of his Commitment made by virtue of an Act of Parliament lately made, (intituled, An Act to prevent and suppress Seditious Conventi∣cles) and contrary to the Act aforesaid: These are therefore (in His Majestie's name) to charge and command you and every of you, that you, some or one of you, do levy upon the Goods and Chattels of the said A. B. ten pounds by him forfeited for his said Offence; and that you do pay the moneys so levied to the Church∣wardens of the Parish of T. in the said County, (for the relief of the Poor of the said Parish.) Given under our hands and seals the, &c.

The like Mittimus (mutatis mutandis) if the Keeper of the House of Correction suffer the Of∣fender to go at large.

The like for suffering one at large to joyn with the Offender in custody in the exercise of Religion, &c.

To the Constable and Borsholders of the Hundred of A. and to every of them, &c.

K. ss. FOrasmuch as it hath been duly pro∣ved* 1.42 before us, That A. B. Keeper of His Majestie's Gaol at C. in the County afore∣said did upon the 10th day of Iune last past per∣mit E. F. being then a person at large, to joyn with D. E. (a person committed to his custody by virtue of an Act of Parliament lately made, intituled, An Act to prevent and suppress Sedi∣tious Conventicles) in the exercise of Religion differing from the Rights of the Church of En∣gland, (contrary to the Act aforesaid:) These are therefore (in His Majestie's name) to charge and command you and every of you, that you, some or one of you, do levy upon the Goods and Chattels of the said A. B. ten pounds by him forfeited for his said Offence; and that you do pay the moneys so levied to the Church∣wardens of the Parish of T. the Parish where the Offender did last inhabit, in the said County, (for the relief of the Poor of the said Parish.) Hereof fail not at your perils. Given under our hands and seals the, &c.

The like (mutatis mutandis) against the Keeper of the House of Correction, if he offend in the like case.

Against a Peer of the Realm for be∣ing at a Conventicle, the first Conviction.

To the Constable and Borsholders of the Hundred of A. and to every of them, &c.

Kent ss. FOrasmuch as T. Lord C. (a Peer* 1.43 of this Realm) was this present day (according to the form of an Act of Par∣liament lately made, intituled, An Act to pre∣vent and suppress Seditious Conventicles) convic∣ted (by Record by us made) of being present in the parsh of V. in the said County at a 1.44 under b 1.45 of exercise of Religion in other manner than is allowed by the Liturgy or prac∣tice of the Church of England, (contrary to the Act aforesaid:) These are therefore (in His Majestie's name) to charge and command you and every of you, that you, some or one of you, do levy upon the Goods and Chattels of the said T. Lord C. ten pounds, (for the Of∣fence aforesaid;) and that you do pay the moneys so levied to the Church-wardens of the aforesaid Parish of V. (for relief of the Poor of the said Parish.) Hereof fail not at your perils. Given under our hands and seals the, &c.

Upon the second Conviction.

To the Constable, &c. (as in the precedent Warrant.)

Kent ss. FOrasmuch as T. Lord C. (a Peer* 1.46 of, &c. as in the precedent War∣rant, till you come to these words, contrary to the Act aforesaid; go on thus,) And forasmuch as the said T. Lord C. hath been once before that time convicted of the like Offence, (con∣trary to the said Act: These are therefore, &c. to levy upon the Goods and Chattels of the said T. Lord C. twenty pounds, &c.

Against a Peer for suffering a Con∣venticle, &c. to be kept in his House, &c. the first Conviction.

To the Constable and Borsholders of the Hundred of A. and to every of them.* 1.47

Kent ss. FOrasmuch as T. Lord C. (a Peer of this Realm) was this present day (according to the form of an Act of Par∣liament lately made, intituled, An Act to pre∣vent and suppress Seditious Conventicles) con∣victed (by Record by us made) of wittingly

and willingly suffering a 1.48 under b 1.49 of exer∣cise of Religion in other manner than is allow∣ed by the c 1.50 of the Church of England to be held in his d 1.51 in the Parish of V. in the said County upon the 12. day of Iune now last past, (contrary to the Act aforesaid:) These are therefore (in His Majestie's name) to charge and command you and every of you, that you, some or one of you, do levy upon the Goods and Chattels of the said T. Lord C. ten pounds, (for the Offence aforesaid;) and that you pay the moneys so levied to the Church-wardens of the aforesaid Parish of V. (for relief of the Poor of the said Parish.) Hereof fail not at your perils. Given under our hands and seals the, &c.

Upon the second Conviction.

To the Constables, &c. (as in the precedent Warrant.)

K. ss. FOrasmuch as T. Lord C. (a Peer* 1.52 of this Realm, &c. as in the pre∣cedent Warrant) And forasmuch as the said T. Lord C. hath been once before that time con∣victed of the like Offence, (contrary to the said Act:) These are therefore, &c.

A Mittimus for a Nonconformist, &c.

To the Constable and Borsholders of the Hundred of A. and to every of them, and to the Keeper of His Majestie's Gaol for the said County at, &c.

K. ss. FOrasmuch as it hath been duly* 1.53 proved before us, That A. B. a 1.54 upon the 12. day of, &c. or, &c. was within five miles of b 1.55 (contrary to the form of the Statute in that case made and provided, intituled, An Act for restraining Nonconformists from inhabiting in Corporations:) These are therefore (in His Majestie's name) to will and require you to take the said A. B. and him convey to the Gaol aforesaid, and there deli∣ver him to the Keeper of the same, (together with this Precept.) Commanding also you, the said Keeper, to receive him into the said Gaol, and him there safely keep for six months, (without Bail or Mainprise.) Hereof fail not at your perils. Given under our hands and seals the, &c.

A Certificate to the Militia, &c. for Aid, in Case of a Conventicle.

To the Lieutenant, any Deputy-lieutenant, or any Commissioned Officer of the Militia, or any other His Majestie's Forces, the Sheriffs, Iustices, or other Magistrates and Ministers of Iustice, joyntly or severally.

Kent ss. THese are to certifie you, That I* 1.56 A. B. (one of His Majestie's Ju∣stices of the Peace, &c.) have received In∣formation of an unlawfull a 1.57 under b 1.58 of exercise of Religion in other manner than is allowed by the c 1.59 of the Church of England, (contrary to an Act of Parliament lately made, intituled, An Act to prevent and suppress Seditious Conventicles) at T. in the Parish of C. in the County aforesaid; And that I (with such as∣sistance as I can get together) am not able to d 1.60 suppress or dissolve the same. All which I do certifie unto you, to the end that you may repair unto the said place aforesaid, and doe therein as by the said Act is required and enjoyned. Given under my hand and seal the, &c.

A Certificate made by a Iustice, where the Offenders live in a Corporation.

Kent ss. S. B. and R. K. Esquires, (two of His Majestie's Justices assigned to keep the Peace in His County aforesaid) To the chief Magistrate of the Corporation of Tenterden in the said County Greeting. Where∣as W. S. of Tent. aforesaid in the County afore∣said, Yeoman, was (this present day before us) convicted (according to an Act of Par∣liament to prevent and suppress Seditious Con∣venticles lately made and provided) of being* 1.61 present in the dwelling-house of I. B. in the Parish of C. in the County aforesaid upon the sixth day of this instant Iuly at a Conventicle then and there held, (under colour of exercise of Religion in other manner than according to the Liturgy and practice of the Church of England, contrary to the form of the Act afore∣said;) and we have (by virtue of the said Act) imposed upon him a Fine of five shil∣lings (for that his Offence;) And whereas also the said I. B. was this present day (before us) also (according to the said Act) convicted of his wittingly and willingly suffering the Con∣venticle aforesaid to be held in his aforesaid dwelling-house, (contrary to the form of the Act aforesaid) for which his Offence he hath forfeited the summe of twenty pounds; And for that we do (in our judgments) think the said I. B. poor, and unable to pay the said summe of twenty pounds (by him as aforesaid forfeited:) We have therefore (by our discre∣tions) adjudged one hundred shillings thereof to be levied of the Goods and Chattels of the

aforesaid W. S. (who, as aforesaid, was pre∣sent at the same Conventicle.) And foras∣much as the said W. S. is an Inhabitant in the Corporation aforesaid, we do therefore hereby certifie you of the premisses, to the end you may proceed thereupon as by the said Act is required. Given under our hands and seals at C. in the said County the one and twentieth day of Nov. An. Dom. 1679. 31, &c.

A Certificate for the taking the Oath, according to the said Act.

Kent ss. I A. B. (one of His Majestie's Ju∣stices* 1.62 of the Peace of the County of K.) do humbly certifie, That D. E. did this present day before me take the Oath men∣tioned in an Act of Parliament lately made, (in∣tituled, An Act to prevent and suppress Seditious Conventicles) in these words, I do swear that I do not hold the taking of an Oath to be unlawfull, nor refuse to take an Oath on that account. In testimony whereof I the said A. B. have here∣unto set my hand and seal the, &c.

Notes

• * 1.1

  See Title Recogni∣zances.
• * 1.2

  Where Of∣fender is a Feme-Co∣vert, levy upon her Husband.
• * 1.3

  Where Tea∣cher is a man un∣known.
• * 1.4

  22 Car. 2. Regis, c. 1. 2 Iustices. By Conses∣sion of the party, or Oath of witness, or notorious e∣vidence of the fact. Assembly, Conventicle or Meeting.
• a 1.5

  under colour or pretence of exercise, &c.
• b 1.6

  other then is allowed by the Liturgy or practice of the Church of England. Where five persons are present more than those of the same houshold.
• * 1.7

  Quaere, if there must not be two Justices.
• * 1.8

  22 Car. 2. cap. 1. 2 Iustices.
• a 1.9

  an As∣sembly, Con∣venticle, or Meeting.
• b 1.10

  colour or pretence.
• c 1.11

  Liturgy or practice.
• d 1.12

  not ex∣ceeding 5 •…•…i.
• e 1.13

  no•…•…x exceeding 3 months.
• * 1.14

  22 Car. 2. cap. 1. 2 Iustices.
• a 1.15

  an As∣sembly, Con∣venticle, or Meeting.
• b 1.16

  colour or pretence.
• c 1.17

  Liturgy or practice.
• d 1.18

  not exceeding 10 li.
• e 1.19

  not ex∣ceeding six months.
• * 1.20

  22 Car. 2. cap. 1. 2 Iustices.
• a 1.21

  an As∣sembly, Con∣venticle, or Meeting.
• b 1.22

  colour or pretence.
• c 1.23

  Liturgy or practice.
• * 1.24

  22 Car. 2. Regis, c. 1. 2 Iustices. By Confes∣sion of the party, Oath of Witness, or notorious Evidence of the fact.
• a 1.25

  Assemb. Conventicle or Meeting.
• b 1.26

  under colour or pretence of exercise of, &c. other than, &c.
• c 1.27

  by the Liturgy or practice of, &c.
• d 1.28

  in House, Out-house, Barn or Room, Yard or Back-side, Woods or Grounds.
• * 1.29

  22 Car. 2. cap. 1. 2 Iustices. By Confes∣sion of the party, Oath of Witness, or notorious Evidence of the fact.
• a 1.30

  Assem∣bly, Conven∣ticle, or Meeting.
• b 1.31

  under colour or pretence of exercise of Religion o∣ther than, 〈◊〉〈◊〉. by the
• c 1.32

  Liturgy or practice •…•…f, &c.
• d 1.33

  in House, Out∣house, Barn or Room, Yard or Back-side, Woods or Grounds
• e 1.34

  not ex∣ceeding 5 li.
• f 1.35

  not ex∣ceeding 3 months.
• * 1.36

  22 Car. 2. cap. 1. as in the precedent Warrant. Not exceed∣ing 10 li. not exceed∣ing 6 mon.
• * 1.37

  22 Car. 2. cap. 1.
• * 1.38

  This is by way of Cer∣tificate, where the Offender lives in another County, (made to a Iustice of Peace.)
• * 1.39

  1 Iustice enough.
• * 1.40

  Note, You must make your War∣rant into the several Hundreds and Liber∣ties where the Offen∣ders inha∣bit▪ and use their addi∣tion, prout the Record.
• * 1.41

  22 Car. 2. cap. 4. compared with 41. 2 Iustices. Confession of the party, Oath of Witness, or notorious E∣vidence of the fact.
• * 1.42

  22 Car. 2. cap. 1. 2 Iustices. Confession of the party, Oath of Witness, or notorious E∣vidence of the fact.
• * 1.43

  22 Car. 2. cap. 1. 2 Iustices of the place or division where the Peer dwels, one of the Quorum.
• a 1.44

  an As∣sembly, Con∣venticle, or Meeting
• b 1.45

  colour or pretence
• * 1.46

  22 Car. 2. cap. 1.
• * 1.47

  22 Car. 2. cap. 1. 2 Iustices of the place or division where the Peer dwels. 1 of the Quorum.
• a 1.48

  an As∣sembly, Con∣venticle, or Meeting.
• b 1.49

  colour or pretence.
• c 1.50

  Liturgy or practice.
• d 1.51

  in House, Out∣houses, Burns or Rooms, Yard or Back-side, Woods or Grounds.
• * 1.52

  22 Car. 2. cap. 1. 2 Iustices, &c. (as in the prece∣dent War∣rant.)
• * 1.53

  22 Car. 2. cap. 1. 2 Iustices.
• a 1.54

  Parson, Vicar, Cu∣rate, Lec∣turer, or other per∣son. (in Holy Orders,) Stipendary, or other person who hath been possessed of any Eccle∣siastical or Spiritual promotion, who hath not declared assent to the Com∣mon Prayer, (prout the Act of 14. of this King, cap. 4.) or Preacher in Conventicle
• b 1.55

  not be within five miles of a City, Town-Corporate, or Borough that sends Burgesses to Par∣liament, or of any Parish-town or place wherein he or they have since the Act of Oblivion been Parson, Vicar, Curate, Stipendary, or Lecturer, or taken upon them to preach in a Conventicle. Nor shall any teach School, take Boarders (to be taught) till he take and subscribe the Oath in this Act (pro∣ut, &c.) and frequent Divine Service.
• * 1.56

  22 Car. 2. cap. 1. 1 Iustice, upon his in∣formation or know∣ledge.
• a 1.57

  an un∣lawfull Meeting or Conventicle held or to be held.
• b 1.58

  under colour or pretence of the exerci∣sing Reli∣gion, &c. or prevent.
• c 1.59

  Liturgy or practice, &c.
• d 1.60

  dissolve, dissipate,
• * 1.61

  This will serve to a particular Iustice in another County, (mutatis mutandis.)
• * 1.62

  15 Car. 2. cap. 1.