indicted or arraigned: 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, and there fhall teftify and declare what they can fay again the Party fo ar. raigned, if he require the fame. any fenders. XXXVIII. Provided alfo, and be it further enacted-by the Provo far Authority aforefaid, That if any Perfon or Perfons fhall here- them that give after happen to give any Relief, Aid or Comfort, or in any wifs Relief to Ofbe aiding, helping or comforting to the Perfon or Perfons of that fhall hereafter happen to be an Offender in any Matter or Cafe of Premunire or Treafon revived or made by this Act; that then fuch Relief, Aid or Comfort given fhall not be judged or taken to be any Offence, unless there be Two fufficient Witneffes at the leaft, that can and will openly teftify and declare that the Perfon or Perfons that fo gave fuch Relief, Aid or Comfort, had Notice and Knowledge of fuch Ofence committed and done by the faid Offender, at the Time of fuch Relief, Aid or Comfort fo to him given or ministred; any Thing in this Act contained, or any other Matter or Caufe to the contrary in any wife notwithstanding. "Chetwood's Appeal to the Court of Rome, § 39-42. Provision "for Appeal between Robert Harcourt and Anthony Fydell. § 43. CA P. II. An Act for the Uniformity of Common Prayer and Diving craments. W 7HERE at the Death of our late Sovereign Lord King Edward the Sixth there remained one uniform Order of Common Service and Prayer, and of the Adininiflration of Sacraments, Rites and Ceremonies in the Church of England, which was fet forth in one Book, intituled, The Book of Common Prayer, and Adminiitration of Sacraments, and other Rites and • Ceremonies in the Church of England; authorized by Act of • Parliament holden in the Fifth and Sixth Years of our faid late 1 M. Scff, 2, c. 4, repealed. • Sovereign Lord King Edward the Sixth, intituled, An Act for 5 & 6 E. 6, c.1. the Uniformity of Common Prayer, and Adminiftration of the Sacraments; the which was repealed and taken away by Act of • Parliament in the First Year of the Reign of our late Sovereign Lady Queen Mary, to the great Decay of the due Honour of • God, and Discomfort to the Profeffors of the Truth of Christ's Religion:' II. Be it therefore enacted by the Authority of this prefent Book of ComParliament, That the faid Eftatute of Repeal, and every Thing mon Prayer 1] therein contained, only concerning the faid Book, and the Service, be of Effect. Administration of the Sacraments, Rites and Ceremonies, contained or appointed in or by the faid Book, fhall be void and of none Effect, from and after the Feal of the Nativity of St. John Baptift next coming; and that the faid Book, with the Order of Service, and of the Administration of Sacraments, Rites and Ceremonies, with the Alterations and Additions therein added and appointed by this Eftatute, fhall ftand and be, from and after the faid Feaft of the Nativity of St. John Baptift, in full Force and 13 Effect, Book of Com be used. Effect, according to the Tenor and Effect of this Eftatute; any Thing in the aforefaid Eftatute of Repeal to the contrary notwithftanding. III. And further be it enacted by the Queen's Highness, with mon Prayer hall the Affent of the Lords and Commons in this prefent Parliament 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 Baptift next coming, be bounden to fay and ufe the Mattens, Even-fong, Celebration of the Lord's Supper and Adminiftration of cach of the Sacraments, 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 faid Fifth and Sixth 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 Sentences only added in the Delivery of the Sacrament to the Communicants, and none other or otherwise. Alteration thereof. 5 & 6 E. 6. c.1. vice than the Book of Commun Prayer. IV. And that if any Manner of Parfon, Vicar or other whatufing other Ser- foever Minifter, that ought or fhould fing or fay Common Prayer mentioned in the faid Book, or minifter the Sacraments, from and after the Feast of the Nativity of St. John Baptift next coming, refuse to use the faid Common Prayers, or to minifter the Sacraments in fuch Cathedral or Parish Church, or other Places as he should ufe to minifter the fame, in fuch Order and Form as they be mentioned aud fet forth in the faid Book; or fhall wilfully or obftinately, ftanding in the fame, ufe any other Rite, Ceremony, Order, Form or Manner of celebrating of the Lord's Supper, openly or privily, or Mattens, Even-fong, Adminiftration of the Sacraments, or other open Prayers, than is mentioned and fet forth in the faid 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 Depraving Book called, the Service of the Church); or fhall preach, declare or speak any Thing in the Derogation or depraving of the said Book, or any Thing therein contained, or of any Part thereof, and shall 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 Highnefs, her Heirs and Succeffors, for his First Offence, the Profit of all his Spiritual Benefices or Promotions coming or arifing in one whole Year next after his Conviction: And alfo that the Perfon fo convicted fhall for the fame Offence fuffer Imprisonment for the Space of Six Months, without Bail or Mainprise. of Common Prayer. Penalty. Second Offence. Penalty. V. And if any fuch Perfon once convict of any Offence concerning the Premiffes, fhall after his First Conviction eftfoons offend, and be thereof in Form aforefaid lawfully convict, that then the fame Perfon fhall for his Second Offence fuffer Imprisonment by the Space of one whole Year, and alfo fhall therefore be deprived, ipfo facto, of all his Spiritual Promotions; and that it fhall be lawful to all Patrons or Donors of all and fingular the fame Spiritual Promotions or of any of them, to prefent or collate to the fame, as though the Perfon or Perfons fo offending were dead, VI. And VI. And that if any fuch Perfon or Perfons, after he fhall be Third Offence. Twice convicted in Form aforefaid, fhall offend against any of the Premiffes the Third Time, and shall be thereof in Form aforefaid lawfully convicted, that then the Perfon fo offending and convicted the third Time, shall be deprived, ipfo facto, of all his Spiritual Pro- Penalty. motions, and alfo fhall fuffer Imprisonment during his Life. VII. And if the Perfon that shall offend, and be convicted in Penalty of OfForm aforefaid, concerning any of the Premiffes, fhall not be be- fender having neficed, nor have any Spiritual Promotion, that then the fame Perfon no Spiritual fo offending and convict, fhall for the First Offence fuffer Imprifon- Promotion. ment during one whole Year next after his faid Conviction, without Bail or Mainprife. VIII. And if any fuch Perfon, not having any Spiritual Promotion, after his First Conviction fhall eftfoons offend in any Thing concerning the Premiffes, and fhall in Form aforefaid be thereof lawfully convicted, that then the fame Perfon fhall for his Second Imprisonment. Offence fuffer Imprifonment during his Life. tion of Book of & c IX. And it is ordained and enacted by the Authority aforefaid, Doing any That if any Perfon or Perfons whatsoever, after the faid Feaft of Thing, or speakthe Nativity of St. John Baptift next coming, fhall in any Enterludes, ing in DerogaPlays, Songs, Rhymes, or by other open Words, declare or fpeak Common Prayer, any Thing in the Derogation, Depraving or Defpifing of the fame Book, or of any Thing therein contained, or any Part thereof; or fhall by open Fact, Deed or by open Threatnings, compel or caufe, or otherwife procure or maintain, any Parfon, Vicar or other Minifter in any Cathedral or Parish Church, or in Chapel, or in any other Place, to fing or fay any Common or open Prayer, or to minifter any Sacrament, otherwife or in any other Manner and Form than is mentioned in the faid Book; 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 Sacraments or any of them, in fuch Manner and Form as is mentioned in the faid Book; that then every fuch Perfon, being thereof lawfully convicted in Form abovefaid, fhall forfeit to the Queen our First Offence. Sovereign Lady, her Heirs and Succeffors, for the First Offence an Hundred Marks. X. And if any Perfon or Perfons being once convict of any fuch Offence, eftfoons offend against any of the laft recited Offences, and shall in Form aforefaid be thereof lawfully convict; that then the fame Perfon fo offending and convict fhall for the fecond Offence forfeit to the Queen our Sovereign Lady, her Heirs and Succeffors, Four hundred Marks. Second Offence Third Offence. XI. And if any Perfon, after he in Form aforefaid fhall have been Twice convict of any Offence concerning any of the laft re- Penalty. cited Offences, shall offend the Third Time, and be thereof in Form abovefaid lawfully convict, that then every Perfon fo offending and convict fhall for his Third Offence forfeit to our Sovereign Lady the Queen all his Goods and Chattels, and shall suffer Imprifonment during his Life. XII. And if any Perfon or Perfons, that for his Firft Offence Not paying For concerning the Premifes fhall be convict in Form aforefaid, do not feiture. pay the Sum to be paid by virtue of his Conviction, in fuch Manner and Form as the fame ought to be paid, within Six Weeks next after his Conviction; that then every Perfon fo convict, and fo not I 4 paying First Offence, Second Offence. Penalty. Every Perfon Penalty. Ordinary may fures of the Church. paying the fame, fhall for the fame First Offence, instead of the faid Sum, fuffer Imprisonment by the Space of Six Months without Bail or Mainprife. XIII. And if any Perfon or Perfons, that for his Second Offence concerning the Premiffes fhall be convict in Form aforefaid, do not pay the faid Sum to be paid by virtue of his Conviction and this Eftatute, in fuch Manner and Form as the fame ought to be paid, within Six Weeks next after his faid Second Conviction; that then every Perfon fo convicted, and not fo paying the fame, fhall for the fame fecond Offence, in the ftead of the faid Sum, fuffer Imprifonment during Twelve Months, without Bail or Mainprife. XIV. And that from and after the faid Feaft 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 reafonable Excufe to be abfent, endeavour themfelves to refort to their Parish Church or Chapel accustomed, or upon reasonable Let thereof, to fome ufual Place where Common Prayer and fuch Service of God fhall be used in fuch Time of Let, upon every Sunday, and other Days ordained and ufed to be kept as Holy Days, and then and there to abide orderly and foberly during the Time of the Common Prayer, Preaching, or other Service of God there to be used and miniftred; upon Pain of Punishment by the Cenfures of the Church, and alfo upon Pain that every Perfon fo 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 Ufe of the Poor of the fame Parish, of the Goods, Lands and Tenements of fuch Offender, by Way of Diftrefs. [See 23 Elix. c. I. § 5. One Juftice may convia Offender, 3 Jac. 1. c.4. § 27.] 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 earneftly 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 Diocefs and Charges, as they will anfwer before God, for fuch Evils and Plagues wherewith Almighty God may justly pu nifh his People for neglecting this good and wholefome Law. XVI. And for their Authority in this Behalf, be it further punish by Cen- enacted by the Authority aforefaid, That all and fingular the faid Archbishops, Bifhops, and all other their Officers exercifing Ecclefiaftical Jurifdiction, as well in Place exempt as not exempt, within their Diocefs, fhall have full Power and Authority by this Act to reform, correct and punish by Cenfures of the Church, all and fingular Perfons which fhall offend within any their Jurifdi&tions or Diocefs, after the faid Feaft of the Nativity of St. John Baptift next coming, against this Act and Statute; any other Law, Statute, Privilege, Liberty or Provifion heretofore made, had or fuffered, to the contrary notwithstanding. What Juices Offences. XVII. And it is ordained and enacted by the Authority afore may punish thefe faid, That all and every Juftices of Oyer and Determiner, or Justices of Affize, fhall have full Power and Authority in every of their open and general Seffions, 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 Com miffion mission to them directed, and to make Process for the Execution of the fame, as they may do against any Perfon being indicted before them of Trefpafs, or lawfully convicted thereof. XVIII. Provided always, and be it enacted by the Authority A Bishop my aforefaid, That all and every Archbishop and Bishop fhall or may in with the at all Time and Times, at his Liberty and Pleasure, join and affociate Judices. himself, by virtue of this Act, to the faid Juftices of Oyer and Determiner, or to the faid Juftices of Affize, at every of the faid open and general Seffions to be holden in any Place within his Diocefs, for and to the Enquiry, Hearing and Determining of the Offences aforefaid. Charges the Book of C me mon Prayer thall be gotten XIX. Provided alfo, and be it enacted by the Authority afore- At whose faid, That the Books concerning the faid Services fhall at the Cofts and Charges of the Parishioners of every Parish and Cathedral Church, be attained and gotten before the faid Feaft of the Nativity of St. John Baptift next following; and that all fuch Parishes and Cathedral Churches, or other Places, where the faid Books fhall be attained and gotten before the faid Feaft of the Nativity of St. John Baptift, fhall within Three Weeks next after the faid Bocks fo attained and gotten ufe the faid Service, and put the fame in Ure according to this Act. XX. And be it further enacted by the Authority aforefaid, That no Perfon or Perfons fhall be at any Time hereafter impeached or otherwife molefted of or for any of the Offences above mentioned, hereafter to be committed or done contrary to this Act, unless he or they fo offending be thereof indicted at the next General Seffions to be holden before any fuch Juftices of Oyer and Determiner or Juftices of Affife, next after any Offence committed or done contrary to the Tenor of this Act. Within what Time Offenders thall be b peached. XXI. Provided always, and be it ordained and enacted by Trial of Preis, the Authority aforefaid, That all and fingular Lords of the Parliament, for the Third Offence above mentioned, shall be tried by their Peers. XXII. Provided alfo, and be it ordained and enacted by the Authority aforefaid, That the Mayor of London and all other 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 Feast of Eafter, and St. Michael the Archangel, in like Manner and Form as Juftices of Affize and Oyer and Determiner may do. Chief Officers of Citics, &c. thall enquire of Of fenders. XXIII. Provided always, and be it ordained and enacted by The Ordinary's the Authority aforefaid, That all and fingular Archbishops and Juridiction. Bithops, and every of their Chancellors, Commiflaries, Archdeacons and other Ordinaries, having any peculiar Ecclefiaftical Jurifdiction, fhall have full Power and Authority by virtue of this Act, as well to inquire in their Vifitation, Synods, and elfewhere within their Jurifdiction at any other Time and Place, to take Accufations and Informations of all and every the Things above mentioned, done, committed or perpetrated within the Limits of their Jurifdictions and Authority, and to punifh the fame by Admopition, Excommunication, Sequeftration or Deprivation, and other Cenfures |