No. XLII.

1 Elizabeth, c. 2.

and after the Feast of the Nativity of St. John Baptist next coming, be bounden to say and use the Mattens, Even-song, celebration of the Lord's Supper and administration of each of the Sacraments, and all the common and open Prayer, in such order and form as is mentioned in the said Book so authorised by Parliament in the said fifth and sixth years of the reign of King Edward the Sixth, with one alteration or addition of certain Lessons The Alterato be used on every Sunday in the year, and the form of the Litany altered tions of the and corrected, and two sentences only added in the delivery of the Sacra- Book set forth. ment to the Communicants, and none other or otherwise.

Common

Prayer.

IV. And that if any manner of Parson, Vicar, or other whatsoever The Forfeiture Minister, that ought or should sing or say Common Prayer mentioned in of those which the said Book, or minister the Sacraments, from and after the Feast of the use any other Nativity of St. John Baptist next coming, refuse to use the said Common Service than Prayers or to minister the Sacraments in such Cathedral or Parish Church, the Book of or other Places as he should use to minister the same, in such order and form as they be mentioned and set forth in the said Book; or shall wilfully or obstinately, standing in the same, use any other Rite, Ceremony, Order, Form, or manner of celebrating of the Lord's Supper, openly or privily, or Mattens, Even-song, administration of the Sacraments, or other open Prayers, than is mentioned and set forth in the said Book. (Open Prayer in and throughout this Act, is meant that Prayer which is for others to come unto, or hear, either in common Churches, or private Chapels or Oratories, commonly called the Service of the The Penalty Church,) or shall preach declare or speak any thing in the derogation or for depraving depraving of the said Book, or any thing therein contained, or of any part the Book of thereof, and shall be thereof lawfully convicted, according to the Laws of Common this Realm, by verdict of twelve men, or by his own confession, or by the Prayer. notorious evidence of the fact, shall lose and forfeit to the Queen's Highness, her heirs and successors, for his first offence, the profit of all his spiritual Benefices or Promotions coming or arising in one whole year next after his conviction: And also that the person so convicted shall for the same offence, suffer imprisonment for the space of six months, without bail or mainprise.

V. And if any such person once convict of any offence concerning the The Penalty Premises, shall after his first conviction eftsoons offend, and be thereof in for the second form aforesaid lawfully convict, that then the same person shall for his Offence. second offence suffer imprisonment by the space of one whole year, and also shall therefore be deprived, ipso facto, of all his spiritual Promotions; and that it shall be lawful to all Patrons or Donors, of all and singular the same spiritual Promotions or of any of them, to present or collate to the same, as though the person or persons so offending were dead.

VI. And that if any such person or persons, after he shall be twice The Penalty convicted in form aforesaid, shall offend against any of the Premises the for the third: third time, and shall be thereof in form aforesaid lawfully convicted, that Offence. then the person so offending and convicted the third time, shall be deprived, ipso facto, of all his spiritual Promotions, and also shall suffer imprisonment during his Life.

VII. And if the person that shall offend, and be convicted in form aforesaid, concerning any of the Premises, shall not be beneficed, nor have any spiritual Promotion, that then the said person so offending and convict, shall for the first offence suffer imprisonment during one whole year next after his said conviction, without bail or mainprise.

VIII. And if any such person, not having any spiritual Promotion, after his first conviction, shall eftsoons offend in any thing concerning the Premises, and shall in form aforesaid be thereof lawfully convicted, that then the same person shall for his second offence suffer imprisonment during his life.

IX. And it is ordained and enacted by the Authority aforesaid, That if any person or persons whatsoever, after the said Feast of the Nativity

The Penalty of an Offender having no Spiritual Promo

tion.

The Forfeiture of them which do any Thing,

or speak in the Derogation of the Book of Common Prayer.

No. XLII.

1 Elizabeth,

c. 2.

Causing other Prayer to be said or sung.

The Forfeiture of an hundred Marks for the first Offence.

The Forfeiture of four hun

dred Marks for

the second Offence.

The Forfeiture

for the third Offence.

The Penalty if the Party convicted do not pay his Forfei

ture within the time limited.

Every person shall resort to

the Church

upon the Holy Days.

of St. John Baptist next coming, shall in any interludes, plays, songs, rhymes, or by other open words, declare or speak any thing in the derogation, depraving or despising of the same book, or of any thing therein contained, or any part thereof: Or shall by open fact, deed or by open threatenings, compel or cause, or otherwise procure or maintain, any Parson, Vicar or other Minister in any Cathedral or Parish Church, or in Chapel, or in any other place, to sing or say any common or open Prayer, or to minister any Sacrament otherwise, or in any other manner and form than is mentioned in the said book; or that by any of the said means shall unlawfully interrupt or let any Parson, Vicar or other Minister in any Cathedral or Parish Church, Chapel, or any other place, to sing or say common and open Prayer, or to minister the Sacraments or any of them, in such manner and form as is mentioned in the said book; that then every such person, being thereof lawfully convicted in form aforesaid, shall forfeit to the Queen our Sovereign Lady, her Heirs and Successors, for the first Offence an hundred marks.

X. And if any person or persons being once convict of any such Offence, eftsoons offend against any of the last recited Offences, and shall in form aforesaid be therefore lawfully convict; that then the same person so offending and convict shall for the second Offence forfeit to the Queen our Sovereign Lady, her Heirs and Successors, four hundred marks.

XI. And if any person, after he in form aforesaid shall have been twice convict of any Offence concerning any of the last recited Offences, shall offend the third time, and be thereof in form abovesaid lawfully convict, That then every person so offending and convict shall for his third Offence forfeit to our Sovereign Lady the Queen, all his goods and chattels, and shall suffer imprisonment during his life.

XII. And if any person or persons, that for his first Offence concerning the premises shall be convict in form aforesaid, do not pay the sum to be paid by virtue of his conviction, in such manner and form as the same ought to be paid, within six weeks next after his conviction; that then every person so convict, and so not paying the same, shall for the same first Offence, instead of the said sum, suffer imprisonment by the space of six months, without bail or mainprise.

XIII. And if any person or persons, that for his second Offence concerning the premises shall be convict in form aforesaid, do not pay the said sum to be paid by virtue of his conviction and this Estatute, in such manner and form as the same ought to be paid, within six weeks next after his said second conviction; that then every person so convicted, and not so paying the same, shall for the same second Offence, in the stead of the said sum, suffer imprisonment during twelve months, without bail or mainprise.

XIV. And that from and after the said Feast of the Nativity of St. John Baptist next coming, all and every person and persons inhabiting within this Realm, or any other the Queen's Majesty's Dominions, shall diligently and faithfully, having no lawful or reasonable excuse to be absent, endeavour themselves to resort to their Parish Church or Chapel accustomed, or upon reasonable let thereof, to some usual place where Common Prayer and such Service of God shall be used in such time of let, upon every Sunday, and other days ordained and used to be kept as Holy Days, and then and there to abide orderly and soberly during the time of the Common Prayer, Preaching, or other Service of God there to be used and ministered; upon pain of punishment by the Censures of the Church, and also upon pain that every person so offending shall forfeit the Offender, for every such Offence twelve pence, to be levied by the Churchwardens &c. by 3 Jac. of the parish where such Offence shall be done, to the use of the Poor of 1. c. 4. § 27. the same parish, of the goods, lands, and tenements of such Offender, by way of distress.

One Justice may convict

The Forfeiture

XV. And for due execution hereof, the Queen's most excellent for not coming Majesty, the Lords Temporal, and all the Commons, in this present Parto Church. liament assembled, do in God's name, earnestly require and charge all the

Archbishops, Bishops and other Ordinaries, that they shall endeavour themselves to the uttermost of their knowledges, that the due and true execution hereof may be had throughout their diocese and charges, as they will answer before God, for such evils and plagues, wherewith Almighty God may justly punish his people for neglecting this good and wholesome law.

No. XLII.

1 Elizabeth,

c. 2.

XVI. And for their authority in this behalf, be it further enacted by the The Ordinary authority aforesaid, That all and singular the said Archbishops, Bishops, may punish and all other their Officers exercising ecclesiastical jurisdiction, as well in Offenders by place exempt as not exempt, within their diocese, shall have full power the Censures and authority by this Act to reform, correct and punish by Censures of the of the Church. Church, all and singular persons which shall offend within any their jurisdictions or diocese, after the said Feast of the Nativity of St. John Baptist next coming, against this Act and Statute; any other law, statute, privilege, liberty or provision heretofore made, had or suffered, to the contrary notwithstanding.

XVII. And it is ordained and enacted by the authority aforesaid, That WhichJustices all and every Justices of Oyer and Determiner, or Justices of Assize, shall may punish have full power and authority in every of their open and general Sessions, these Ofto enquire, hear and determine all and all manner of offences that shall be fences. committed or done contrary to any Article contained in this present Act, within the limits of the commission to them directed, and to make process for the execution of the same, as they may do against any Person being indicted before them of trespass, or lawfully convicted thereof.

XVIII. Provided always, and be it enacted by the authority aforesaid, A Bishop may That all and every Archbishop and Bishop shall or may at all time and join with the times, at his liberty and pleasure, join and associate himself, by virtue of Justices to enthis Act, to the said Justices of Oyer and Determiner, or to the said quire of OfJustices of Assize, at every of the said open and General Sessions to be fenders. holden in any place within his diocese, for and to the enquiry, hearing and determining of the Offences aforesaid.

XIX. Provided also, and be it enacted by the authority aforesaid, That At whose the books concerning the said Services shall at the Costs and Charges of Charges the the Parishioners of every Parish and Cathedral Church, be attained book of Comand gotten before the said Feast of the Nativity of St. John Baptist next mon Prayer following; and that all such Parishes and Cathedral Churches, or other shall be gotten. Places, where the said Books shall be attained and gotten before the said Feast of the Nativity of St. John Baptist, shall within three weeks next after the said Books so attained and gotten use the said Service, and put the same in Ure according to this Act.

- XX. And be it further enacted by the authority aforesaid, That no Within what person or persons shall be at any time hereafter impeached or otherwise time Offenders molested of or for any of the Offences above-mentioned, hereafter to be shall be imcommitted or done contrary to this Act, unless he or they so offending be peached. thereof indicted at the next General Sessions to be holden before any such Justices of Oyer and Determiner, or Justices of Assize, next after any Offence is committed or done contrary to the tenor of this Act,

XXI. Provided always, and be it ordained and enacted by the au- Trial of Peers. thority aforesaid, That all and singular Lords of the Parliament, for the third Offence above-mentioned, shall be tried by their Peers.

XXII. Provided also, and be it ordained and enacted by the authority Chief Officers aforesaid, That the Mayor of London, and all other Mayors, Bailiffs, and of Cities and other Head-officers of all and singular Cities, Boroughs and Towns Cor- Boroughs shall porate within this Realm, Wales, and the Marches of the same, to the enquire of which Justices of Assize do not commonly repair, shall have full Power Offenders. and Authority by Virtue of this Act to enquire, hear and determine the Offences abovesaid, and every of them, yearly within fifteen Days after the Feast of Easter, and St. Michael the Archangel, in like Manner and Form as Justices of Assize and Oyer and Determiner may do.

XXIII. Provided always, and be it ordained and enacted by the au- TheOrdinary's thority aforesaid, That all and singular Archbishops and Bishops, and Jurisdiction in every of their Chancellors, Commissaries, Archdeacons, and other Ordi- these Cases.

naries, having any peculiar Ecclesiastical Jurisdiction, shall have full power and authority by virtue of this Act, as well to inquire in their Visitation, Synods, and elsewhere within their Jurisdiction at any other

time and Place, to take Accusations and Informations of all and every the things above-mentioned, done, committed or perpetrated within the limits of their Jurisdictions and authority, and to punish the same by Admonition, Excommunication, Sequestration or Deprivation, and other Censures and Process, in like Form as heretofore hath been used in like Cases by the Queen's Ecclesiastical Laws.

XXIV. Provided always, and be it enacted, That whatsoever persons offending in the premises shall for their Offences first receive punishment of the Ordinary, having a testimonial thereof under the said Ordinary's seal, shall not for the same Offence eftsoons be convicted before the Justices: And likewise receiving for the said Offence punishment first by the Justices, shall not for the same Offence eftsoons receive punishment of the Ordinary; any thing contained in this Act to the contrary notwithstanding.

XXV. Provided always, and be it enacted, That such Ornaments of the Church and of the Ministers thereof, shall be retained and be in use, as was in this Church of England by authority of Parliament, in the second year of the reign of King Edward the Sixth, until other order shall be therein taken by the authority of the Queen's Majesty, with the advice of her Commissioners appointed and authorised under the Great Seal of England for causes Ecclesiastical, or of the Metropolitan of this realm.

XXVI. And also, That if there shall happen any contempt or irreverence to be used in the ceremonies or rites of the Church, by the mis-using of the Orders appointed in this book, the Queen's Majesty may, by the like advice of the said Commissioners or Metropolitan, ordain and publish such further Ceremonies or Rites, as may be most for the advancement of God's glory, the edifying of his Church, and the due reverence of Christ's holy Mysteries and Sacraments.

XXVII. And be it further enacted by the authority aforesaid, That all Laws, Statutes and Ordinances, wherein or whereby any other Service, administration of Sacraments or Common Prayer, is limited, established or set forth to be used within this Realm, or any other of the Queen's Dominions or Countries, shall from henceforth be utterly void and of none effect. Made perpetual by 5 Annæ, c. 5. as to the establishment of the Church. Farther Provisions relating hereto, see 13 El. c. 12. 23 El. c. 1. 15 Car. 2. c. 6. 1 W. & M. stat. 1. c. 18. and 23 Geo. 2. c. 28.

[No. XLIII.] 5 Elizabeth, c. 1.--An Act for the Assurance of the Queen's Royal Power over all Estates and Subjects within her Dominions.

[ No. XLIV. ] 13 Elizabeth, c. 1.-It shall be High Treason to intend Destruction or bodily Harm to the Queen, or to levy War, or to move others to War against her, or to affirm, That the Queen ought not to enjoy the Crown, but some other Person; or to publish, That the Queen is an Heretick, Schismatick, Tyrant, Infidel, or Usurper of the Crown; or to claim Right to the Crown, or to usurp the same during the Queen's Life; or to affirm the Right in Succession of the Crown in some other than the Queen; or to affirm, That the Laws and Statutes do not bind the Right of the Crown, and the Descent, Limitation, Inheritance, or Governance thereof.

[Vide another clause infrà.]

[ No. XLV. ] 18 Elizabeth, c. 2.-An Act against the bringing in, and putting in Execution of Bulls, Writings or Instruments, and other Superstitious Things from the See of Rome.

[ No. XLVI. ] 13 Elizabeth, c. 12.-An Act for the Ministers of the Church to be of sound Religion,

[Inserted Pt. I. Class II. No. 6.]

[No. XLVII.] 23 Elizabeth, c. 1.-An Act to retain the Queen's Majesty's Subjects in their due Obedience. WHERE sithence the Statute made in the thirteenth year of the reign of the Queen our Sovereign Lady, intituled, An Act against the bringing in, and putting in execution of Bulls, Writings and Instruments, and other superstitious things from the See of Rome, divers evil affected persons have practised, contrary to the meaning of the said Statute, by 'other means than by Bulls or Instruments written or printed, to withdraw 'divers the Queen's Majesty's subjects from their natural obedience to her Majesty, to obey the said usurped authority of Rome, and in respect of 'the same to perswade great numbers to withdraw their due obedience 'from her Majesty's laws, established for the due service of Almighty 'God.'

[II. Treason to withdraw any from the religion established to the Bomish religion.-It shall be treason to be reconciled or withdrawn to the Romish religion.]

[III. The penalty of aiders, maintainers, and concealers.] [IV. The forfeiture for saying or hearing of Mass.]

No. XLV.

13 Elizabeth,

c. 2.

P.

stat. 1 El. c. 2.

V. Be it also further enacted by the authority aforesaid, That every The Penalty person above the age of sixteen years, which shall not repair to some for not coming Church, Chapel, or usual place of Common Prayer, but forbear the same, to the Church contrary to the tenor of a Statute made in the first year of her Majesty's by the space of reign, for uniformity of Common Prayer, and being thereof lawfully con- a month acvicted, shall forfeit to the Queen's Majesty for every month after the cording to the end of this Session of Parliament which he or she shall so forbear, twenty The King may pounds of lawful English money; and that over and besides the said seize two parts forfeitures, every person so forbearing by the space of twelve months as of the Offenaforesaid, shall for his or her obstinacy, after certificate thereof in writing der's lands, made into the Court commonly called the King's Bench, by the Ordinary &c. in lieu of of the diocese, a Justice of Assize and gaol-delivery, or a Justice of Peace the twenty of the county where such Offender shall dwell or be, be bound with two Pounds. sufficient sureties in the sum of two hundred pounds at least, to the good behaviour, and so to continue bound, until such time as the persons so bound do conform themselves and come to the Church, according to the true meaning of the said Statute made in the said first year of the Queen's Majesty's reign. (1.)

[VI. VII. The forfeiture for keeping of a School-master not repairing to the Church-or not allowed by the Ordinary.]

[VIII. What Justices may enquire of Offences done against the Statute of 1 Eliz. c. 1. 5 Eliz. c. 1. 13 Eliz. c. 2.]

(Free v. Burgoyne) to recover the penalty of 201. a month for non-attendance at Church. The verdict was in favour of the defendant, on the ground of his having a reasonable C

(1) Considering the Provisions of this Act as having fallen into disuse, I had directed that the title only should be inserted; but while the Class is passing through the Press, an Action has been tried at Bedford Assizes excuse. VOL. V.