THE OPINIONS OF THE
Barons of the Exchecquer. AND DIRECTIONS TO ALL Justices of the Peace, AND CONSTABLES, &c. For the Legally Convicting of all Persons, that are taken in Conventicles, and unlawful Meetings.
Given at the Court of Exchecquer,
upon Justice Balch's
Case.
Published by Special Authority.
THe Justices of Peace of Middlesex having a good while since received His Majesties Orders in Council, to put the Laws in Execution, and to Suppress Conventicles; some of the said Justices accordingly issued out their Warrant to Mr. Hodges, a Constable, requiring him to Suppress the Conventicle kept by One Dr. Annesley; and to [Page 2]seize such Persons, as should be found met there, upon pretence of a Religious Worship, contrary to Law: The said Constable repairing thither, found above 200. Persons so Assembled; One of whom being seized, and carried before Mr. Justice Balch, was (upon his refusing to Declare his Name) Committed to Prison: But sometime after owning himself to be called White, and being thereupon Discharged, brought his Action of Two Thousand Pound, for false Imprisonment against Mr. Balch, and Mr. Hodges. The Case being debated by Council Learned on both sides, before the Barons of His Majesties Court of Exchequer (the latter End of Last Terme) Verdict was given against the said White, and he condemn'd in treble Costs, as the Law directs: the Court further unanimously Declared the Law to be,
1. That if those in a Conventicle refuse to open the Door upon a Justice of Peace his Warrant, Entrance being demanded, the Door may be broken open.
2. That the Persons apprehended there, are Convicted upon their being brought before a Justice of Peace, without Oath; incurring the same Penalty, as if they were Convicted by Oath; as the Law directs in such Cases.
3. That those Persons that are in Conventicles, though not brought before a Justice of the Peace, may notwithstanding be Convicted by the Oath of Two Witnesses, of their being There; incurring also the same Penalty, as if they were; as the Law directs, &c.
4. That if any Person so seized, denies his Name, he may be Committed to Prison.