Conventicle Act 1664
1664 CHAPTER 4 16 Cha 2
An Act to prevent and suppresse seditious Conventicles.

Recital that 35 Eliz. c. 1. had not been executed.
The said Act in force.; Persons Sixteen Years old and upwards assembling under Colour of Religion; Two Justices or the Chief Magistrate to record Offence.; Such Record to be a Conviction.; Imprisonment, unless Fine not exceeding £5 paid.Whereas an Act made in the Five and thirtyeth yeare of the Raigne of our late Soveraigne Lady Queene
Elizabeth Entituled An Act to retaine the Queenes Majestyes Subjects in their due Obedience hath not
beene putt in due Execution by reason of some doubt of late made whether the said Act be still in force although
it be very clear and evident, and it is hereby declared that the said Act is still in force and ought to be putt
in due execution; For provideing therefore of further and more speedy Remedyes against the growing and
dangerous Practises of Seditious Sectaryes and other disloyall persons who under pretence of Tender Consciencies
doe at their Meetings contrive Insurrections as late experience hath shewed, Bee it enacted by the Kings most
Excellent Majestie by and with the Advice and Consent of the Lords Spirituall and Temporall, and Commons
in this present Parliament assembled, and by the Authoritie of the same That if any person of the age of Sixteene
yeares or upwards being a Subject of this Realme at any time after the first day of July which shall be in the
yeare of our Lord One thousand six hundred sixty and fower shall be present at any Assembly Conventicle or
Meeting under colour or pretence of any Exercise of Religion in other manner then is allowed by the Liturgy
or practise of the Church of England in any place within the kingdome of England Dominion of Wales or Towne
of Berwicke upon Tweede, at which Conventicle Meeting or Assembly there shall be five persons or more assembled
together over and above those of the same Household, then it shall and may be lawfull to and for any two
Justices of the Peace of the County Limit Division or Liberty wherein the offence aforesaid shall be committed, or for
the Cheife Magistrate of the place where such offence aforesaid shall be committed (if it be within a Corporation
where there are not two Justices of the Peace) And they are hereby required and enjoyned upon proofe to them
or him respectively made of such offence either by confession of the party or Oath of Witnesses, or notorious
Evidence of the Fact (which Oath the said Justices of the Peace and Cheife Magistrate respectively are hereby
impowered and required to administer) to make a Record of every such offence and offences under their Hands
and Seales respectively, which Record soe 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
Justices and Chiefe Magistrate respectively shall committ every such Offender soe convicted as aforesaid to the
Goale, or House of Correction there to remaine without Baile or Maineprize for any time not exceeding the space
of three Monethes unlesse such offender shall pay downe to the said Justices or Cheife Magistrate such Summe
of Money not exceeding Five pounds as the said Justices or Cheife Magistrate (who are hereby thereunto authorized
and required) shall fine the said offender at for his or her said offence which Money shall be paid to the ChurchWardens for the releife of the Poore of the Parish where such offender did last inhabite.
Second Offence, Imprisonment, unless Penalty not exceeding £10 paid.
II. 
And be it further enacted by the Authoritie aforesaid That if such Offender soe convicted as aforesaid shall at
any time againe committ the like offence contrary to this Act, and be thereof in manner aforesaid convicted then
such Offender soe convict of such second offence shall incurr the penalty of Imprisonment in the Goale or House
of Correction for any time not exceeding six Monethes without Baile or Mainprize unlesse such Offender shall pay
downe to the said Justices or Cheife Magistrate such summe of money not exceeding Ten pounds as the said
Justices or Cheife Magistrate (who are thereunto authorized and required as aforesaid) shall fine the said offender
at for his or her said second offence, the said Fine to be disposed in manner aforeraid.
Third Offence, Imprisonment till next Quarter Sessions or Assizes;
III. 
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 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 embarque, or
cause to be conveyed and 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 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,
Where Default of Payment of Charges or Security not given, transported Offenders to serve to Merchants as Labourers for Five Years.
IV. 
Sheriffs to be allowed their Charges upon their Accounts.
And bee it further enacted by the Authoritie aforesaid That in defaulte of defraying such Charges by the partyes
soe to be transported or some other on their behalfe, or in defaulte of Securitie given to the Sheriffe as aforesaid
It shall and may be lawfull for every such Sheriffe to contract with any Master of a Shipp Merchant or other
person for the transporting of such Offender at the best rate he can, And that in every such Case it shall and
may be lawfull for such persons soe contracting with any Sheriffe for transporting such Offender as aforesaid to
			and employ every such Offender soe by them transported as a Labourer to them or their Assignes for the
space of Five yeares to all intents and purposes as if he or she were bound by Indentures to such person for
that purpose, And that the respective Sheriffes shall be allowed or paid from the King upon their respective Accompts
in the Exchequer all such charges by them expended for conveying embarguing and transporting of such persons
which shall be allowed by the said respective Courts from whence they received their respective Warrants and
which shall not have beene by any of the wayes aforementioned paid secured or reimbursed unto them as aforesaid.
If the Offender pay £100 for Third Offence, not to be transported
V. 
Provided alwayes and be it further enacted That in case the Offender soe indicted and convicted for the said
Third offence shall pay into the hands of the Register or Clerke of the Court or Sessions where he shall be convicted
(before the said Court or Sessions shall be ended) the summe of One hundred pounds That then the said Offender
shall be discharged from Imprisonment and Transportation and the Judgement for the same.
VI. How Fourth and further Offences punished:
VI. 
How Penalties to be distributed; Officers not executing Act, and in respect of First and Second Offence; Penalty £5. In Actions for executing Act General Issue may be pleaded.; Treble Costs.
And be it further enacted That the like Imprisonment Indictment Arraignment and Proceedings shall be against
every such Offender as often as he shall againe offend after such Third offence Neverthelesse is dischargeable and
discharged by the payment of the like summe as was paid by such Offender for his or her said offence next before
committed together with the additionall and increased summe of One hundred pounds more upon every new
offence committed, the said respective summes to be paid as aforesaid and to be disposed of as followeth (viz)
The one moyety for the Repaire of the Parish Church or Churches Chappell or Chappells of such Parish within
which such Conventicle Assembly or Meeteing shall be held, and the other moyety to the repaire of the Highwayes
of the said Parish or Parishes (if neede require) or otherwise for the amendment of such High-wayes as the Justices
of the Peace at their respective Quarter Sessions shall direct and appoint. And if any Constable Headborough or
Tythingman shall negclectt to execute any the said Warrants made unto them for sequestring destraining and
selling the Estate or Goods of any person soe to be transported or for destraining and selling any of the Goods
and Chattells of any Offender against this Actt for the levying of such summes of money as shall be imposed for the
first or second offence he shall forfeit for every such negclectt the summe of Five pounds of lawfull money of
England, the one moyety thereof to the King and the other moyetie to him that will sue for the same in any of
the Kings Courts of Record as is aforesaid, And if any person be at any time sued for putting in Execution
any of the powers contained in this Actt such person shall and may pleade the generall Issue and give the speciall
matter in evidence, And if the Plaintiffe be Nonsuite or a Verdictt passe for the Defendant thereupon, or if the
Plaintiffe discontinue his Action or if upon Demurrer Judgment be given for the Defendant every such Defendant
shall, have his or their treble Costs,
Persons transported escaping or returning without Leave; Felony without Clergy:
VII. 
Wife not to lose her Dower.; No Corruption of Blood.
And be it further enacted That if any person against whom Judgement of Transportation shall be given in
manner aforesaid shall make escape before Transportation, or being transported as aforesaid shall returne into this
Realme of England Dominion of Wales and Towne of Berwicke upon Tweede without the speciall License of His
Majestie His Heires and Successors in that behalfe first had and obtained; That the party soe escapeing or returning
shall be adjudged a Felon and shall suffer death as in case of Felony without benefit of Clergy, and shall forfeite
and loose to His Majestie all his or her Goods and Chattells for ever, and shall further lose to His Majestie all
his or her Lands Tenements and Hereditaments for and dureing the life onely of such Offender and noe longer,
And that the wife of any such Offender by force of this Act shall not lose her Dower, nor shall any Corruption
of blood grow or be by reason of any such Offence mentioned in this Act, But that the heire of every such
Offender by force of this Act shall and may after the death of such Offender have and enjoy the Lands Tenements
and Hereditaments of such Offenders as if this Act had not beene made.
Lieutenants and Deputy Lieutenants, &c. to dissolve or prevent Conventicles; and to take Persons assembled into Custody
VIII. 
And for better preventing of the mischeifes which may grow by such Seditious and Tumultuous Meeteings under
pretence of Religious Worship Be it further enacted by the Authoritie aforesaid That the Leiutenants or Deputie
Leiutenants or any Commissioned Officers of the Militia, or any other of His Majestyes Forces with such Troops
or Companies of Horse or Foote And alsoe the Sheriffes and Justices of Peace and other Magistrates and Ministers
of Justice or any of them joyntly or severally within any of the Countyes or Places within this Kingdome of
England Dominion of Wales or Towne of Berwicke upon Tweede with such other assistance as they shall thinke
meete or can gett in readines with the soonest on Certificate made to them respectively under the Hand and Seale of
any one Justice of the Peace or Cheife Magistrate as aforesaid of his perticular Information or Knowledge of such
unlawfull Meetings or Conventicles held or to be held in their respective Countyes or Places, and that he (with
such assistance as he can gett together is not able to suppresse or dissolve the same) shall and may and are
hereby required and enjoyned to repaire unto the place where they are soe held or to be held, and by the best
meanes they can to dissolve and dissipate or prevent all such unlawfull Meetings, and take into their custody
such of those persons soe unlawfully assembled as they shall judge to be the Leaders and Seducers of the rest and
such others as they shall thinke fitt to be proceeded against according to Law for such their offences.
Owner of House, &c. suffering Conventicle; Penalty
IX. 
And be it enacted by the Authoritie aforesaid That every person who shall wittingly and willingly suffer any
such Conventicle unlawfull Assembly or Meeteing aforesaid to be held in his or her House, Outhouse, Barne or
Roome Yard or Backeside Woods or Grounds shall incurr the same penaltyes and forfeitures as any other
Offender against this Act ought to incurr, and be procceeded against in all points in such manner as any other
Offender against this Act ought to be proceeded against,
Gaoler letting Prisoner at large, or permitting Persons at large to join Prisoner; Penalty £10
X. 
Provided alsoe and be it enacted by the Authoritie aforesaid That if any Keeper of any Goale or House of
Correction shall suffer any person committed to his custody for any offence against this Act to goe at large contrary
to the Warrant of his Commitment according to this Act, or shall  person who is at large to joyne with any person
committed to his Custody by vertue of this Act in the exercise of Religion differing from the Rites of the Church
of England then every such Keeper of a Goale or House of Correction shall for every such Offence forfeit the
summe of Tenn pounds to be levyed raised and disposed by such persons and in such manner as the penaltyes for
the first and second Offences against this Act are to be levyed raised and disposed
Limitation of Prosecution:
XI. 

No Double Punishment.
Provided alwayes That noe Person shall be punished for any Offence against this Act unlesse such Offender be
prosecuted for the same within Three monethes after the Offence committed, And that noe Perron 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,
Wife not to be transported, (Exception) but imprisoned. Husband may redeem her
XII. 
Provided alsoe and be it enacted That Judgement of Transportation shall not be given against any Feme Covert
unlesse her husband be at the same time under the same Judgement and not discharged by the payment of Money
as aforesaid but that instead thereof she shall by the respective Court be committed to the Goale or House of
Correction there to remaine without Baile or Maineprize for any terme not exceeding Twelve Monethes unlesse
her Husband shall pay downe such summe not exceeding Forty pounds to redeeme her from Imprisonement as
shall be imposed by the said Court, the said summe to be disposed by such persons, and in such manner as the
Penaltyes for the First and Second Offence against this Act are to be disposed.
Houses may be broken open where Conventicle held
XIII. 
Provided alsoe and be it enacted by the Authoritie aforesaid That the Justices of the Peace and Cheife Magistrate
respectively impowered as aforesaid to putt this Act in execution shall and may with what aide force and assistance
they shall thinke fitt for the better execution of this Act after refusall or denyall enter into any House or other
place where they shall be informed any such Conventicle as aforesaid is or shall be held.
How Peers Houses shall be searched:
XIV. 

In the City of London.
Provided That noe Dwelling house of any Peere of this Realme whilst he or his Wife shall be there resident
shall be searched by vertue of this Act but by immediate Warrant from His Majestie under His Signe Manuall
or in the presence of the Lieutenant or one of the Deputy Lieutenants or two Justices of the Peace whereof one
to be of the Quorum of the same County or Riding, Nor shall any other Dwelling house of any Peere or other
person whatsoever be entred into by force by vertue of this Act but in the presence of one Justice of the Peace
or Cheife Magistrate respectively except within the Citty of London where it shall be lawfull for any such other
Dwelling house to be entred into as aforesaid in the presence of one Justice of the Peace Alderman Deputy
Alderman or any one Commissioner of the Leiutenancy for the Citty of London.
What Persons not to be sent to House of Correction
XV. 
Provided alsoe and bee it enacted by the Authoritie aforesaid That noe person shall by vertue of this Act be
committed to the House of Correction that shall satisfie the said Justices of the Peace or Cheife Magistrate respectively
that he or she (and in case of a Feme Covert that her Husband) hath an Estate of Freehold or Copyhold to the
value of Five pounds per annu[m], or personall Estate to the value of Fifty pounds, Any thing in this Act to the
contrary notwithstanding.
Recital that Quakers and others refuse to take Oaths:
XVI. 

Refusing, except in Court Leet, to take Oath as a Witness, or to answer of Oath Bill Equity, &c., Refusal to be recorded, and Recorded taken as a Conviction. Transportation.
[And in regard a certaine Sect called Quakers and other Sectaryes are found not onely to offend in the
matters provided against by this Act but alsoe to obstruct the proceeding of Justice by their obstinate refusall to
take Oathes lawfully tendred unto them in the ordinary course of Law Thereforebe it further enacted by the
Authoritie aforesaid That if any person or persons being duely and legally served with Processe or other Summons
to appeare in any Court of Record except Courts Leet as a Witnesse or returned to serve of any Jury or ordered
to be examined upon Interrogatoryes or being present in Court shall refuse to take any Judiciall Oath legally
tendred  him by the Judge or Judges of the same Court haveing noe legall Plea to justifie or excuse the refusall
of the same Oath, or if any person or persons being duely served with Processe to answere any Bill exhibited
against him or them in any Court of Equity or any Suite in any Court Ecclesiasticall shall refuse to answere
such Bill or Suite upon his or their Corporall Oath in cases where the Law requires such Answere to be putt
in upon Oath, or being summoned to be a Witnesse in any such Court or ordered to be examined upon Interrogatoryes
shall for any cause or reason not allowed by Law refuse to take such Oath, as in such cases is required by Law
that then and in such case the severall and respective Courts wherein such refusall shall be made shall be and
are hereby enabled to record, enter or register such refusall which Record or Entry shall be and is hereby made
a Conviction of such Offence, And all and every person and persons soe as aforesaid offending shall for every
such Offence incurr the Judgement and Punishment of Transportation in such manner as is appointed by this Act
for other Offences,
Taking the Oath herein mentioned to excuse the last-mentioned Offences
XVII. 
Provided alwayes That if any the person or persons aforesaid shall come into such Court and take his or their
Oath in these words.
I doe sweare that I doe not hold the takeing of an Oath to be unlawfull nor refuse to take an Oath on that
account.
Which Oath the said respective Court and Courts aforesaid are hereby authorized and required forthwith to tender
administer and register before the Entry of the Conviction aforesaid, or shall take such Oath before some Justice
of the Peace who is hereby authorized and required to administer the same to be returned into such Court such
Oath soe made shall acquitt him or them from such punishment Any thing herein to the contrary notwithstanding.
Persons so convicted in certain Courts, (Exception) to be imprisoned till Assizes: then refusing to take the Oath, Transportation
XVIII. 
Provided alwayes That every person convicted as aforesaid in any Courts aforesaid (other then His Majestyes
Court of Kings Bench or before the Justices of Assize or Generall Goale Delivery) shall by Warrant containing a
Certificate of such Conviction under the Hand and Seale of the respective Judge or Judges before whom such
Conviction shall be had be sent to some one of His Majestyes Goales in the same County where such Conviction
was had there to remaine without Baile or Maineprize untill the next Assizes or Generall Goale Delivery where
if such person soe convicted shall refuse to take the Oath aforesaid being tendred unto him by the Justice or
Justices of Assize or Goale Delivery then such Justice or Justices shall cause Judgement of Transportation to be
executed in such manner as Judgement of Transportation by this Act is to be executed, but in case such person
shall take the said Oath then he shall thereupon be discharged.
Peers offending; Penalty for First and Second Offence; for Third and further Offences to be tried by his Peers
XIX. 
Provided alwayes and bee it enacted by the Authoritie aforesaid That if any Peere of this Realme shall offend
against this Act he shall pay Ten pounds for the first offence and Twenty pounds for the second offence to be
levyed upon his Goods and Chattells by Warrant from any two Justices of the Peace or Cheife Magistrate of the
Place or Division where such Peere shall dwell, and that every Peere for the third and every further offence against
the Tenoure of this Act shall be tryed by his Peeres and not otherwise.
Continuance of Act
XX. 
Provided alsoe and be it further enacted by the Authoritie aforesaid That this Act shall continue in force for
Three yeares after the end of this present Session of Parliament, and from thence forward to the end of the next
Session of Parliament after the said Three yeares and noe longer.