ACT AGAINST CONVENTICLES. [18]

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Forasmuch as the assembling and convocating of his majesty's subjects, without his majesty's warrant and authority, is a most dangerous and unlawful practice, prohibit and discharged by several laws and acts of parliament, under high and great pains: and that notwithstanding thereof, diverse disaffected and seditious persons, under the specious but false pretences of religion and religious exercises, presume to make, and be present at conventicles and unwarrantable meetings and conventions of the subjects, which are the ordinary seminaries of separation and rebellion, tending to the prejudice of the public worship of God in the churches, to the scandal of the reformed religion, to the reproach of his majesty's authority and government, and to the alienating of the hearts and affections of the subjects from that duty and obedience they owe to his majesty, and the public laws of kingdom. For the suppressing and preventing of which for the time to come, his majesty, with advice and consent of his estates of parliament, hath thought fit to statute and enact, likeas they do hereby statute and command, that no outed ministers who are not licensed by the council, and no other persons not authorized, or tolerate by the bishop of the diocese, presume to preach, expound scripture, or pray in any meeting, except in their own houses, and to those of their own family; and that none be present at any meeting, without the family to which they belong, where any not licensed, authorized, nor tolerate as said is, shall preach, expound scripture, or pray: declaring hereby, all such who shall do in the contrary, to be guilty of keeping of conventicles; and that he, or they, who shall so preach, expound, or pray, within any house, shall be seized upon and imprisoned, till they find caution, under the pain of five thousand merks, not to do the like thereafter, or else enact themselves to remove out of the kingdom, and never return without his majesty's license; and that every person who shall be found to have been present at any such meetings, shall be toties quoties, fined according to their qualities, in the respective sums following, and imprisoned until they pay their fines, and further, during the council's pleasure, viz., each man or woman, having land in heritage, life-rent, or proper wadset, to be lined in a fourth part of his or her valued yearly rent; each tenant labouring land, in twenty-five pounds Scots; each cottar, in twelve pounds Scots, and each serving man, in a fourth part of his yearly fee: and where merchants or tradesmen do not belong to, or reside within burghs royal, that each merchant or chief tradesman be fined as a tenant, and each inferior tradesman as a cottar: and if any of the persons above-mentioned shall have their wives, or any of their children living in family with them, present at any such meeting, they are therefore to be fined in the half of the respective fines aforesaid, consideration being had to their several qualities and conditions. And if the master or mistress of any family, where any such meetings shall be kept, be present within the house for the time, they are to be fined in the double of what is to be paid by them, for being present at a house conventicle. And it is hereby declared, that magistrates of burghs royal are liable, for every conventicle to be kept within their burghs, to such fines as his majesty's council shall think fit to impose; and that the master or mistress of the house where the conventicle shall happen to be kept, and the persons present thereat, are to relieve the magistrates, as the council shall think fit to order the same; it being notwithstanding free to the council to fine the inhabitants of burghs for being present at conventicles within or without burghs, or where their wives or children shall be present at the same.

And further, his majesty understanding that divers disaffected persons have been so maliciously wicked and disloyal, as to convocate his majesty's subjects to open meetings in the fields, expressly contrary to many public laws made thereanent, and considering that these meetings are the rendezvouses of rebellion, and tend in a high measure to the disturbance of the public peace, doth therefore, with advice and consent foresaid, statute and declare, that whosoever, without license or authority foresaid, shall preach, expound scripture, or pray, at any of those meetings in the field, or in any house where there be more persons than the house contains, so as some of them be without doors (which is hereby declared to be a field conventicle) or who shall convocate any number of people to these meetings, shall be punished with death, and confiscation of their goods. And it is hereby offered and assured, that if any of his majesty's good subjects shall seize and secure the persons of any who shall either preach or pray at these field-meetings, or convocate any persons thereto, they shall, for every such person so seized and secured, have five hundred merks paid unto them for their reward, out of his majesty's treasury, by the commissioners thereof, who are hereby authorised to pay the same; and the said seizers and their assistants are hereby indemnified for any slaughter that shall be committed in the apprehending and securing of them. And, as to all heritors and others aforesaid, who shall be present at any of these field-conventicles, it is hereby declared, they are to be fined, toties quoties, in the double of the respective fines appointed for house conventicles; but prejudice of any other punishment due to them by law as seditious persons and disturbers of the peace and quiet of the kirk and kingdom.

And, seeing the due execution of laws is the readiest means to procure obedience to the same; therefore, his majesty, with consent and advice foresaid, doth empower, warrant, and command all sheriffs, stewarts of stewartries, lords of regalities, and their deputes, to call before them, and try all such persons who shall be informed to have kept, or been present at, conventicles within their jurisdictions, and to inflict upon these who shall be found guilty, the respective fines exprest in this act; they being always countable to the commissioners of his majesty's treasury, for the fines of all heritors within their bounds. And his majesty, for the encouragement of the said sheriffs, stewarts, and lords of regalities, to be careful and diligent in their duties therein, doth allow to themselves all the fines of any persons within their jurisdictions, under the degree of heritors; and requires the lords of his majesty's privy council to take exact trial of their care and diligence herein; and if the sheriffs, stewarts, and bailiffs, be negligent in their duties, or if the magistrates within burghs shall be negligent in their utmost diligence, to detect and delate to the council all conventicles within their burghs, that the council inflict such censures and punishments upon them as they shall think fit. And the lords of his majesty's privy council are hereby required to be careful in the trial of all field and house-conventicles kept since the first day of October, one thousand six hundred and sixty-nine, and before the date hereof, and that they punish the same conform to the laws and acts of state formerly made thereanent. And lastly, his majesty, being hopeful that his subjects will give such cheerful obedience to the laws as there shall not be long use of this act, hath therefore, with advice foresaid, declared that the endurance thereof shall only be for three years, unless his majesty shall think fit that it continue longer.


                                                                                                                                                                                                                                                                                                           

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