shall have and fuffer imprisonment by the space of one whole year, without bail or mainprise.

XXIX. And that also all and every the benefices, prebends and other ecclefiaftical promotions and dignities whatsoever, of every fpiritual perfon fo offending, and being attainted, thall immediately after fuch attainder be utterly void to all intents and purposes, as though the incumbent thereof were dead; (2) and that the patron and donor of every fuch benefice, prebend, fpiritual promotion and dignity, fhall and may lawfully prefent unto the fame, or give the fame, in fuch manner and form as if Forfeiture of the said incumbent were dead; (3) and if any fuch offender or the second of- offenders, after fuch conviction or attainder, do eftfoons com

fence.

16 R. 2. c. 5.

The penalty of the third offence.

Within what time an of

mit or do the faid offences, or any of them, in manner and form aforesaid, and be thereof dulyconvicted and attainted, as is aforefaid; that then every fuch offender and offenders fhall for the fame second offence incur into the dangers, penalties and forfeitures ordained and provided by the ftatute of provision and Præmunire, made in the fixteenth year of the reign of King Richard the Second.

XXX. And if any such offender or offenders, at any time after the said second conviction and attainder, do the third time commit and do the faid offences, or any of them, in manner and form aforefaid, and be thereof duly convicted and attainted, as is aforefaid; that then every fuch offence or offences shall be deemed and adjudged high treason, and that the offender or offenders therein, being thereof lawfully convicted and attainted, according to the laws of this realm, fhall fuffer pains of death, and other penalties, forfeitures and loffes, as in cases of high treafon by the laws of this realm.

XXXI. And also that it may likewife please your Highness, that it may be enacted by the authority aforefaid, That no manfender shall be ner of perfon or perfons thall be molested or impeached for any impeached. of the offences fo committed or perpetrated only by preaching, teaching or words, unless he or they be thereof lawfully indicted within the space of one half year next after his or their offences fo committed: (2) and in cafe any perfon or perfons fhall fortune to be imprisoned for any of the faid offences committed by preaching, teaching, or words only, and be not thereof indicted. within the space of one half year next after his or their fuch offence fo committed and done; that then the faid perfon fo imprisoned shall be set at liberty, and be no longer detained in prifon for any fuch caufe or offence.

All things touching the

continue in

XXXII. Provided always and be it enacted by the authority præmunire in aforesaid, That this act, or any thing therein contained, shall 1 & 2 Ph. & M. not in any wife extend to repeal any claufe, matter or fentence c. 8. f. 40. do contained or fpecified in the faid act of repeal made in the faid first and fecond years of the reigns of the faid late King Philip and Queen Mary, as doth in any wife touch or concern any matter or cause of Præmunire, or that doth make or ordain any matter or cause to be within the cafe of Præmunire; (2) but that the fame, for fo much only as toucheth or concerneth any

force.

cafe,

case, or matter of Præmunire, shall stand and remain in fuch force and effect, as the fame was before the making of this act; any thing in this act contained to the contrary in any wife notwithstanding.

ftatutes re-
vived.

XXXIII. Provided alfo, and be it enacted by the authority Offences comaforefaid, That this act, or any thing therein contained, shall mitted against not in any wife extend or be prejudicial to any perfon or perfons for any offence or offences committed or done, or hereafter to be committed or done, contrary to the tenor and effect of any act or statute now revived by this act, before the end of thirty days next after the end of the feffion of this present parliament; any thing in this act contained, or any other matter or cause to the contrary notwithstanding.

XXXIV. And if it happen that any peer of this realm fhall Trial of peers. fortune to be indicted of and for any offence that is revived or made Præmunire or treafon by this act; that then he fo being indicted shall have his trial by his peers, in fuch like manner and form as in other cafes of treafon hath been used.

XXXV. Provided always, and be it enacted as is aforefaid, No matter of That no manner of order, act or determination for any matter religion, &c. of religion, or cause ecclefiaftical, had or made by the authority made by this of this prefent parliament, shall be accepted, deemed, interpreted parliament or adjudged at any time hereafter, to be any error, herefy, schifm judged error, or fchifmatical opinion; any order, decree, fentence, conftitution herefy, or or law, whatsoever the fame be, to the contrary notwithstanding, fchifm.

fhall be ad

XXXVI. Provided always, and be it enacted by the authority aforesaid, That fuch person or perfons to whom your High- Commiffionnefs, your heirs or fucceffors, fhall hereafter by letters patents, ers may adunder the great feal of England, give authority to have or exe- judge fuch things to be cute any jurisdiction, power or authority fpiritual, or to vifit, re- herely as are form, order or correct any errors, herefies, fchifms, abuses or fo declared enormities by virtue of this act, shall not in any wife have au- by the fcripthority or power to order, determine or adjudge any matter or ture, the first four gecaufe to be herefy, but only fuch as heretofore have been de- neral councils, termined, ordered or adjudged to be herefy, by the authority or the parliaof the canonical fcriptures, or by the first four general councils, ment, with the or any of them, or by any other general council wherein the convocation. fame was declared herefy by the express and plain words of the faid canonical fcriptures, or fuch as hereafter fhall be ordered, judged or determined to be herefy by the high court of parliament of this realm, with the affent of the clergy in their convocation; any thing in this act contained to the contrary notwithstanding.

I Hale's H. P.

C. 404.

indicted or ar

XXXVII. And be it further enacted by the authority afore- None hall be faid, That no perfon or perfons shall be hereafter indicted or raigned but by arraigned for any of the offences made, ordained, revived or ad- two witneffes. judged by this act, unless there be two fufficient witneffes or more, to teftify and declare the faid offences whereof he shall be indicted or arraigned: (2) and that the faid witneffes, or fo many of them as fhall be living and within this realm at the time of the arraignment of fuch perfon fo indicted, fhall be brought forth in perfon face to face before the party fo arraigned,

I 2,

and

A provifo for them that give

relief to offenders.

Chetwood's

appeal to the

and there shall testify and declare what they can say against the party fo arraigned, if he require the fame.

XXXVIII. Provided alfo, and be it further enacted by the authority aforefaid, That if any person or persons shall hereafter happen to give any relief, aid or comfort, or in any wife be aiding, helping or comforting to the perfon or perfons of any that shall hereafter happen to be an offender in any matter or cafe of Præmunire or treafon revived or made by this act; that then fuch relief, aid or comfort given shall not be judged or taken to be any offence, unless there be two fufficient witnesses at the least, that can and will openly testify and declare that the perfon or persons that fo gave fuch relief, aid or comfort had notice and knowledge of fuch offence committed and done by the faid offender, at the time of fuch relief, aid or comfort fo to him given or miniftred; any thing in this act contained, or any other matter or cause to the contrary in any wife notwithstanding.

XXXIX. And where one pretended fentence hath heretofore been given in the confiftory in Paul's before certain judges delegate, by the authority legantine of the late cardinal Poole, by reafon of a foreign ufurped power and authority, against Richard Chetwood efq; and court of Rome. Agnes his wife, by the name of Agnes Woodhall, at the fuit of Charles Tyrril gentleman, in a cause of matrimony folemnized between the faid Richard and Agnes, as by the fame pretended fentence more plainly doth appear, from which fentence the faid Richard and Agnes have appealed to the court of Rome, which appeal doth there remain, and yet is not determined:

XL. May it therefore please your Highnefs, that it may be enacted by the authority aforefaid, That if fentence in the said appeal shall happen to be given at the faid court of Rome for and in the behalf of the faid Richard and Agnes, for the reverfing of the faid pretenced fentence, before the end of threefcore days next after the end of this feffion of this prefent parliament, that then the same shall be adjudged and taken to be good and effectual in the law, and fhall and may be used, pleaded and allowed in any court or place within this realm; any thing in this act, or in any other act or statute contained to the contrary notwithstanding.

XLI. And if no fentence fhall be given at the court of Rome. in the faid appeal for the reverfing of the faid pretenced sentence before the end of the faid threefcore days, that then it shall and may be lawful for the faid Richard and Agnes, and either of them, at any time hereafter, to commence, take, fue and profecute their faid appeal from the said pretenced fentence, and for the reverfing of the faid pretenced fentence, within this realm, in fuch like manner and form as was used to be purfued, or might have been pursued within this realm, at any time fince the twenty-fourth year of the reign of the faid late King Henry the Eighth, upon any fentences given in the court or courts of any archbishop within this realm.

XLII. And that fuch appeal as fo hereafter fhall be taken or pursued by the faid Richard Chetwood and Agnes, or either of them,

and

and the sentence that herein or thereupon fhall hereafter be given, fhall be judged to be good and effectual in the law to all intents and purposes; any law, cuftom, ufage, canon, conftitution, or any other matter or cause to the contrary notwithstanding.

XLIII. Provided also, and be it enacted by the authority An appeal beaforefaid, That where there is the like appeal now depending tween Robert in the faid court of Rome between Robert Harcourt, merchant Harcourt and Anthony of the staple, and Elizabeth Harcourt, otherwife called Elizabeth Fydell." Robins, of the one party, and Anthony Fidell, merchant stranger, on the other party; that the faid Robert, Elizabeth and Anthony, and every of them, fhall and may, for the profecuting and trying of their faid appeal, have and enjoy the like remedy, benefit and advantage, in like manner and form as the said Richard and Agnes, or any of them, hath, may or ought to have and enjoy; this act or any thing therein contained to the contrary in any wife notwithstanding. 23 Eliz. c. I.

CAP. II.

An alt for the uniformity of common prayer and service in the church, and adminiftration of the lacraments.

WHER

HERE at the death of our late fovereign lord King Edward 13 & 14 Car. 2. the Sixth there remained one uniform order of common service C. 4.

and prayer, and of the administration of facraments, rites and ceremonies in the church of England, which was fet forth in one book, intituled, The book of common prayer, and adminiftration of facraments, and other rites and ceremonies in the church of England; authorized by act of parliament holden in the fifth and fixth years of our faid late fovereign lord King Edward the Sixth, intituled, An act Stat. 5 & 6 for the uniformity of common prayer, and administration of the fa- Ed. 6. c. 1. craments; the which was repealed and taken away by act of par- A repeal of liament in the first year of the reign of our late fovereign lady Queen the ftatute of Mary, to the great decay of the due honour of God, and difcomfort C. 2. to the profeffors of the truth of Christ's religion :

1 M. feff. 2.

be of effect.

I

II. Be it therefore enacted by the authority of this present And the book parliament, That the faid eftatute of repeal, and every thing of common therein contained, only concerning the faid book, and the prayer shall service, administration of the facraments, rites and ceremonies, contained or appointed in or by the faid book, fhall be void and of none effect, from and after the feast of the nativity of. St. John Baptift next coming; (2) and that the faid book, 1 Leon. 295. with the order of fervice, and of the administration of facraments, rites and ceremonies, with the alterations and additions therein added and appointed by this eftatute, shall stand and be, from and after the faid feaft of the nativity of St. John Baptift, in full force and effect, according to the tenor and effect of this eftatute; any thing in the aforefaid eftatute of repeal to the contrary notwithstanding.

III. And further be it enacted by the Queen's highness, with The book of the affent of the lords and commons in this prefent parlia- common

I 3

ment prayer fhall

be used.

g Eliz. C. i.

The ditera

tions of the

book fet forth. 5&6 Ed.6.c.1.

The forfeiture

of those which ufe any other fervice than

the book of common prayer. Godbolt 118. pl. 137.

3 Mod. 78.

ment affembled, and by the authority of the fame, That all and fingular minifters in any cathedral or parish church, or other place within this realm of England, Wales, and the marches of the fame, or other the Queen's dominions, fhall from and after the feast of the nativity of St. John Baptist next coming be bounden to say and ufe the mattens, even-fong, celebration of the Lord's fupper and administration of each of the facraments, and all the common and open prayer, in fuch order and form as is mentioned in the faid book, fo authorized by parliament in the said fifth and fixth years of the reign of King Edward the Sixth, with one alteration or addition of certain leffons to be used on every Sunday in the year, and the form of the litany altered and corrected, and two fentences only added in the delivery of the facrament to the communicants, and none other or otherwise.

IV. And that if any manner of parfon, vicar or other whatfoever minifter, that ought or fhould fing or fay common prayer mentioned in the faid book, or minifter the facraments, from and after the feast of the nativity of St. John Baptist next coming, refufe to ufe the faid common prayers, or to minifter the facraments in fuch cathedral or parish church, or other places as he should use to minister the fame, in fuch order and form as they be mentioned and fet forth in the faid book; (2) or fhall wilfully or obftinately, standing in the fame, ufe any other rite, ceremony, order, form or manner of celebrating of the Lord's fupper, openly or privily, or mattens, even-fong, adminiftration of the facraments, or other open prayers, than is mentioned and fet forth in the faid book, (3) (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 fervice of the church.) (4) or fhall preach, declare or speak any thing for depraving in the derogation or depraving of the faid book, or any thing therein contained, or of any part thereof, (5) and fhall be thereof lawfully convicted, according to the laws of this realm, by verdict of twelve men, or by his own confeffion, or by the notorious evidence of the fact, fhall lofe and forfeit to the Queen's highness, her heirs and fucceffors, for his first offence, the profit of all his fpiritual benefices or promotions coming or arifing in one whole year next after his conviction: (6) and also that the person fo convicted fhall for the fame offence suffer imprisonment for the space of fix months, without bail or mainprise.

The penalty

the book of

common

prayer.

The penalty V. And if any fuch perfon once convict of any offence concernfor the fecond ing the premiffes, fhall after his first conviction eftfoons offend, offence. and be thereof in form aforefaid lawfully convict, that then the fame person shall for his fecond offence fuffer imprisonment by the space of one whole year, (2) and also shall therefore be deprived, ipfo facto, of all his fpiritual promotions; (3) and that it fhall be lawful to all patrons or donors of all and fingular the fame fpiritual promotions or of any them, to

present