present or collate to the fame, as though the perfon or perfons so offending were dead. VI. And that if any fuch perfon or perfons, after he fhall The penalty be twice convicted in form aforefaid, fhall offend against any for the third of the premiffes the third time, and fhall be thereof in form offence. aforefaid lawfully convicted, that then the perfon so offending and convicted the third time, fhall be deprived, ipfo facto, of all his fpiritual promotions, and also shall suffer imprisonment during his life. ritual pro VII. And if the perfon that shall offend, and be convicted The penalty in form aforefaid, concerning any of the premiffes, fhall not of an offender be beneficed, nor have any fpiritual promotion, that then the having no fpifame person so offending and convict, shall for the first offence motion. fuffer imprisonment during one whole year next after his faid conviction, without bail or mainprise. VIII. And if any fuch perfon, not having any fpiritual promotion, after his firft conviction fhall eftfoons offend in any thing concerning the premiffes, and fhall in form aforefaid be thereof lawfully convicted, that then the fame person shall for his fecond offence fuffer imprisonment during his life. prayer to be IX. And it is ordained and enacted by the authority afore- The forfeiture faid, That if any person or persons whatsoever, after the faid of them which feast of the nativity of St. John Baptift next coming, fhall in do any thing, any enterludes, plays, fongs, rhymes, or by other open words, or fpeak in the declare or speak any thing in the derogation, depraying or def- the book of derogation of pifing of the fame book, or of any thing therein contained, or common any part thereof: (2) or fhall by open fact, deed or by open prayer. threatnings, compel or caufe, or otherwile procure or main- Caufing other tain, any parfon, vicar or other minifter in any cathedral or faid or fung. parish church, or in chapel, or in any other place, to fing or Coke, pl. fol. say any common or open prayer, or to minister any facrament 362. otherwife, or in any other manner and form, than is men- I Roll. tioned in the faid book; (3) or that by any of the said means fhall unlawfully interrupt or let any parfon, vicar or other minifter in any cathedral or parish church, chapel, or any other place, to fing or fay common and open prayer, or to minister the facraments or any of them, in fuch manner and form, as 95. I Mod. 168. is mentioned in the faid book; (4) that then every fuch per- The forfeiture fon, being thereof lawfully convicted in form abovefaid, fhall of an hundred forfeit to the Queen our fovereign lady, her heirs and fucceffors, marks for the for the first offence an hundred marks. first offence. X. And if any perfon or perfons being once convict of any The forfeiture fuch offence, eftfoons offend against any of the last recited of- of four hunfences, and fhall in form aforefaid be thereof lawfully con- dred marks vict; that then the fame perfon fo offending and convict fhall for the fecond for the second offence forfeit to the Queen our fovereign lady, her heirs and fucceffors, four hundred marks. offence. XI. And if any perfon, after he in form aforesaid shall have The forfeiture been twice convict of any offence concerning any of the laft recited for the third offences, fhall offend the third time, and be thereof in form offence. abovefaid lawfully convict, That then every person so offend I 4 ing The penalty if the party convicted do not pay his forfeiture within the ing and convict shall for his third offence forfeit to our fovereign lady the Queen, all his goods and chattels, and fhall fuffer imprisonment during his life. XII. And if any perfon or perfons, that for his first offence concerning the premiffes fhall be convict in form aforesaid, do not pay the fum to be paid by virtue of his conviction, in fuch manner and form as the fame ought to be paid, within fix weeks next after his conviction; that then every person so time limited. convict, and so not paying the fame, fhall for the fame first offence, instead of the faid fum, fuffer imprisonment by the fpace of fix months, without bail or mainprise. Every perfon hall refort to the church upon the holy days. Godbolt 148. XIII. And if any perfon or perfons, that for his fecond offence concerning the premiffes fhall be convict in form aforefaid, do not pay the faid fum to be paid by virtue of his conviction and this eftatute, in fuch manner and form as the fame ought to be paid, within fix weeks next after his faid fecond conviction; that then every person so convicted, and not so paying the fame, fhall for the fame fecond offence, in the stead of the faid fum, fuffer imprisonment during twelve months, without bail or mainprise. XIV. And that from and after the said feast of the nativity of St. John Baptift next coming, all and every perfon and perfons inhabiting within this realm, or any other the Queen's majesty's dominions, fhall diligently and faithfully, having no lawful or reasonable excuse to be abfent, endeavour themselves pl. 191. to refort to their parish church or chapel accustomed, or upon One justice reasonable let thereof, to fome ufual place where common may convict the offender, prayer and fuch fervice of God thall be used in such time of &c. by 3 Jac. 1. let, upon every Sunday, and other days ordained and used to C.4.1.27. be kept as holy days, and then and there to abide orderly and 2Roll 438,455 foberly during the time of the common prayer, preaching or March 93. The forfeiture Other service of God there to be ufed and miniftred; (2) upon for not coming pain of punishment by the cenfures of the church, and alfo upon pain that every person so offending fhall forfeit for every fuch offence twelve pence, to be levied by the churchwardens of the parish where fuch offence fhall be done, to the use of the poor of the fame parish, of the goods, lands and tenements of fuch offender, by way of distress. to church. 23 Eliz. c. I. 11 Co. 56. Roll. 89. The ordinary inay punih offenders by the cenfures of the church. XV. And for due execution hereof, the Queen's most excellent majefty, the lords temporal, and all the commons, in this prefent parliament affembled, do in God's name earnestly require and charge all the archbishops, bishops and other ordinaries, that they fhall endeavour themselves to the uttermost of their knowledges, that the due and true execution hereof may be had throughout their diocefe and charges, as they will answer before God, for fuch evils and plagues wherewith Almighty God may justly punish his people for neglecting this good and wholfome law, XVI. And for their authority in this behalf, be it further enacted by the authority aforefaid, 'That all and fingular the faid archbishops, bishops, and all other their officers exercifing ecclefiaftical ecclefiaftical jurifdiction, as well in place exempt as not exempt, within their diocefe, fhall have full power and authority by this act to reform, correct and punish by cenfures of the church, all and fingular perfons which shall offend within any their jurifdictions or diocese, after the said feast of the nativity of St. John Baptift next coming, against this act and ftatute; any other law, ftatute, privilege, liberty or provifion heretofore made, had or suffered, to the contrary notwithstanding. XVII. And it is ordained and enacted by the authority afore- Which juftices faid, That all and every juftices of oyer and determiner, or juftices may punish of affife, fhall have full power and authority in every of their these offences. open and general feffions, to enquire hear and determine all and all manner of offences that fhall be committed or done contrary to any article contained in this prefent act, within the limits of the commiffion to them directed, and to make process for the execution of the fame, as they may do against any person being indicted before them of trespass, or lawfully convicted thereof. ders. XVIII. Provided always, and be it enacted by the authority A bishop may aforefaid, That all and every archbishop and bishop fhall or join with the may at all time and times, at his liberty and pleasure, join and juftices to enafsociate himself, by virtue of this act, to the faid juftices of quire of offenoyer and determiner, or to the faid juftices of affize, at every of the faid open and general feffions to be holden in any place within his diocefe, for and to the enquiry, hearing and determining of the offences aforefaid. mon prayer fhall be gotten. XIX. Provided alfo, and be it enacted by the authority At whose aforefaid, That the books concerning the said fervices fhall at charges the the cofts and charges of the parishioners of every parish and books of comcathedral church, be attained and gotten before the faid feast of the nativity of St. John Baptist next following; (2) and that all fuch parishes and cathedral churches, or other places where the faid books fhall be attained and gotten before the said feast of the nativity of St. John Baptift, fhall within three weeks next after the faid books fo attained and gotten use the said fervice, and put the fame in ure according to this act. XX. And be it further enacted by the authority aforefaid, Within what That no perfon or perfons fhall be at any time hereafter im- time offenders peached or otherwife molefted of or for any of the offences fhall be imabove-mentioned, hereafter to be committed or done contrary Godbolt 148. peached. to this act, unless he or they fo offending be thereof indicted pl. 191. at the next general feffions to be holden before any fuch justices of oyer and determiner or juftices of affize, next after any offence committed or done contrary to the tenor of this act. XXI. Provided always, and be it ordained and enacted by Trial of peers. the authority aforefaid, That all and fingular lords of the parliament, for the third offence above-mentioned, fhall be tried by their peers. XXII. Provided alfo, and be it ordained and enacted by the Chief officers authority aforefaid, That the mayor of London, and all other of cities and mayors, boroughs fhall fenders. enquire of of mayors, bailiffs and other head officers of all and fingular cities, boroughs and towns corporate within this realm, Wales, and the marches of the fame, to the which juftices of affize do not commonly repair, fhall have full power and authority by virtue of this act to enquire, hear and determine the offences abovefaid, and every of them, yearly within fifteen days after the feaft of Eafter, and St. Michael the archangel, in like manner and form as juftices of affize and oyer and determiner may do. The ordi diction in these cases. XXIII. Provided always, and be it ordained and enacted by nary's jurif- the authority aforefaid, That all and fingular archbishops and bishops, and every of their chancellors, commiffaries, archdeacons and other ordinaries, having any peculiar ecclefiaftical jurifdiction, shall have full power and authority by virtue of this act, as well to enquire in their vifitation, fynods, and elsewhere within their jurifdiction at any other time and place, to take accufations and informations of all and every the things abovementioned, done, committed or perpetrated within the limits of their jurisdictions and authority, and to punish the same by admonition, excommunication, fequeftration or deprivation, and other cenfures and procefs, in like form as heretofore hath been used in like cafes by the Queen's ecclefiaftical laws. None fhall be punished above once for one offence. Ornaments of XXIV. Provided always, and be it enacted, That whatfoever perfons offending in the premiffes fhall for their offences first receive punishment of the ordinary, having a teftimonial thereof under the faid ordinary's feal, fhall not for the fame offence eftfoons be convicted before the juftices: (2) and likewife receiving for the faid offence punishment first by the juftices, fhall not for the fame offence, eftfoons receive punishment of the ordinary; any thing contained in this act to the contrary notwithstanding. XXV. Provided always, and be it enacted, That fuch orthe church and naments of the church and of the ministers thereof, shall be ministers. 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 fhall be therein taken by the authority of the Queen's majefty, with the advice of her commiffioners appointed and authorized under the great feal of England for caufes ecclefiaftical, or of the metropolitan of this realm. All laws and ordinances XXVI. And alfo, That if there fhall happen any contempt or irreverence to be used in the ceremonies or rites of the church, by the mif-ufing of the orders appointed in this book, the Queen's majesty may, by the like advice of the faid commiffioners or metropolitan, ordain and publish fuch 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 Chrift's holy myfteries and facraments. XXVII. And be it further enacted by the authority aforefaid, That all laws, ftatutes and ordinances, wherein or wheremade for other by any other service, administration of facraments or common service shall prayer, prayer, is limited, established or fet forth to be used within this realm, or any other the Queen's dominions or countries, fhall from henceforth be utterly void and of none effect. Made perpetual by 5 Ann. c. 5, as to the establishment of the church. CAP. III. An act for recognition of the Queen's highness to the imperial crown of this realm. ought to be S there is nothing under God (moft dread fovereign Lady) where- The recog of we your most humble, faithful and obedient fubjects, the nizing the lords fpiritual and temporal, and commons, in this prefent parliament Queen's right affembled, have, may or ought to have more caufe to rejoice, than in to the crown. this only, that it hath pleafed God of his merciful providence and gooane,s towards us and this our realm, not only to provide, but also to preferve and keep for us and our wealths, your royal Majesty our moft rightful and lawful fovereign liege lady and Queen, most happily to reign over us; for the which we do give and yield unto him from the bottoms of our hearts, our humble thanks, lauds and praises; (2) even fo there is nothing that we your faid fubjects for our parties can, may or ought towards your Highnefs more firmly, entirely and affuredly in the purity of our hearts think, or with our mouths declare and Queen Eliza. confefs to be true, than that your Majesty, our faid fovereign Lady is, beth is and and in very deed and of most meer right ought to be, by the laws of God, our lawful and the laws and ftatutes of this realm, our most rightful and lawful Queen. Sovereign liege lady and Queen; (3) and that your Highness is rightly, lineally and lawfully defcended and come of the blood royal of this realm of England, in and to whofe princely perfon, and the heirs of your body lawfully to be begotten, after you, without all doubt, ambiguity, fcruple or question, the imperial and royal estate, place, crown and dignity of this realm, with all honours, ftiles, titles, dignities, regalities, jurifdictions aud prebeminences to the fame now belonging and abpertaining, are and shall be most fully, rightfully, really and intirely invested and incorporated, united and annexed, as rightfully and lawfully, to all intents, conftructions and purposes, as the fame were in the late King Henry the Eighth, or in the late King Edward the Sixth, your Highness brother, or in the late Queen Mary your Highness fifter, at any time fince the act of parliament made in the thirty-fifth year of the reign of your faid most noble father King Henry the Eighth, intituled, An act concerning the establishment of the King's majefty's fucceffion in the imperial crown of this realm: II. For which caufes we your faid most loving, faithful and obedient fubjects, reprefenting the three eftates of your realm of England, as thereunto constrained by the law of God and man, except we fhould overmuch forget our duties to your Highness, and to the heirs of your body lawfully begotten, can no lefs do, but most humbly beseech your Highness, that by the authority of this present parliament it may be enacted, established and declared, That we do recognise, acknowledge and confefs the fame your estate, right, title and fucceffion as is aforefaid, to be in and to your Highness, and the heirs of your body to be begotten 35 H. 8. c. 1. |