Conventicle Act 1664

III. Third Offence, Imprisonment till next Quarter Sessions or Assizes;

Proceedings by Indictment; and on Conviction, or refusing to plead or confess,; Transportation for Seven Years.; Sheriffs not transporting Offender; Penalty £40.; Court to issue Warrant to sequester the Lands and distrain and sell the Goods of Offender for Reimbursement of Sheriff.; Overplus to Party unless Security given.

And be it further enacted by the Authoritie aforesaid That if any such Offender soe convict of a second offence contrary to this Act in manner aforesaid shall at any time againe committ the like offence contrary to this Act, then any two Justices of the Peace and Cheife Magistrate as aforesaid respectively shall committ every such Offender to the Goale or House of Correction there to remaine without Baile or Mainprize untill the next Generall Quarter Sessions Assizes, Goale-delivery Great Sessions or sitting of any Co[m]mission of Oyer and Terminer in the respective County Limitt Division or Liberty which shall first happen when and where every such Offender shall be proceeded against by Indictment for such offence, and shall forthwith be arraigned upon such Indictment, and shall then pleade the Generall Issue of Not guilty, and give any speciall matter in Evidence or confesse the Indictment, And if such Offender proceeded against shall be lawfully convict of such Offence either by Confession or Verdict, or if such Offender shall refuse to pleade the Generall Issue or to confesse the Indictment then the respective Justices of the Peace at their Generall Quarter Sessions Judges of Assize and Goale delivery at the Assizes and Goale delivery Justices of the Great Sessions at the Great Sessions and Co[m]missioners of Oyer and Terminer at their sitting are hereby enabled and required to cause Judgment to be entred against such Offender That such Offender shall be transported beyond the Seas to any of His Majestyes Forreigne Plantations (Virginia and New England onely excepted) there to remaine Seven Yeares And shall forthwith under their Hands and Seales make out Warrants to the Sheriffe or Sheriffes of the same County where such Conviction or Refusall to pleade or to confesse as aforesaid shall be safely to convey such Offender to some Port or Haven neerest or most co[m]modious to be appointed by them respectively, And from thence to [X1 embarque] such Offender to be safely transported to any of His Majestyes Plantations beyond the Seas as shall be alsoe by them respectively appointed (Virginia and New England onely excepted) Whereupon the said Sheriffe shall safely convey and [X1 embarque,] or cause to be conveyed and [X2 embarqued] such Offender to be transported as aforesaid under paine of forfeiting for defaulte of soe transporting every such Offender the summe of Forty pounds of lawfull money the moyety thereof to the King and the other moyety to him or them that shall sue for the same in any of the Kings Courts of Record by Bill Plaint Action of Debt or Information, In any of which noe Wager of Law Essoigne or Protection shall be admitted, And the said respective Court shall then alsoe make out Warrants to the severall Constables Headboroughes or Tythingmen of the respective places where the Estate reall or personall of such Offender soe to be transported shall happen to be commanding them thereby to sequester into their hands the proffitts of the Lands and to destraine and sell the Goods of the Offender soe to be transported for the reimbursing of the said Sheriffe all such reasonable charges as he shall be at and shall be allowed him by the said respective Court for such conveying and [X3 embarqueing] of such Offender soe to be transported rendring to the party or his or her Assignes the overplus of the same, if any be, unlesse such Offender or some other on the behalfe of such Offender soe to be transported shall give the Sheriffe such Security as he shall approve of for the paying all the said Charges unto him,

Editorial Information

X1 Variant reading of the text noted in The Statutes of the Realm as follows: embargue O. [O. refers to a collection in the library of Trinity College, Cambridge]

X2 Variant reading of the text noted in The Statutes of the Realm as follows: embargued O. [O. refers to a collection in the library of Trinity College, Cambridge]

X3 Variant reading of the text noted in The Statutes of the Realm as follows: embarguing O. [O. refers to a collection in the library of Trinity College, Cambridge]