Selected quad for the lemma: act_n

Word A Word B Word C Word D Occurrence Frequency Band MI MI Band Prominent
act_n king_n parliament_n repeal_v 4,000 5 12.1621 5 true
View all documents for the selected quad

Text snippets containing the quad

ID Title Author Corrected Date of Publication (TCP Date of Publication) STC Words Pages
A65684 A short history of the life and death of the act made the 35th of Elizabeth, cap. I intituled, An act to retain the Queen's Majesties subjects in their due obedience : as also, the act commonly called the Conventicle act ... : wherin it plainly appears by the several records, that both the said acts are expired, and have no force in law / ... by E.W. Whitaker, Edward. 1681 (1681) Wing W1707; ESTC R9671 5,695 12

There are 2 snippets containing the selected quad. | View lemmatised text

A SHORT HISTORY OF THE Life and Death OF The ACT made The 35th of Elizabeth Cap. 1. INTITULED An Act to retain the Queen's Majesties Subjects in their due Obedience AS ALSO The ACT commonly called The Conventicle Act Made the 16th of His present Majesty K. Cha. 2d INTITULED An Act to Prevent and Suppress Seditious Conventicles WHEREIN It plainly appears by the several Records That both the said ACTS are Expired And have no FORCE IN LAW Published for Satisfaction of His Majesties Protestant Subjects By E. W. London Printed for Thomas Fox at the Sign of the Angel in Westminster-Hall 1681. A Short HISTORY Of the Life and Death of the Statutes of the 35th Q. Eliz. And 16. K. C. 2d against Conventicles c. The INTRODUCTION I Make no doubt but this Paper will meet with much opposition especially from such as are willing these Laws should be put in execution against Dissenting Protestants but the Author considering the miseries such an Act if it were in force might bring upon His Majesties good and peaceable Subjects and being fully and clearly convinced in his Conscience that the Act of the 35 th of Q. Eliz. is not in force thought it his duty to the publick to state the Case as in Truth it lies without partiality and there leave it to all Reasonable Men to Consider and Determine the Matter as they shall find just Cause and Reason And hopes that upon a just Enquiry if they shall find him Mistake the Case some abler Person will better inform him and the VVorld in the mean time he hopes the Integrity and Honesty of the Cause will receive no prejudice from the plainness and illaw-like Terms made use of by him in the following Lines THerefore to come to the Matter without further delay the Reader must take notice the Act made the 35 of Eliz. cap. 1. which is Intituled an Act to retain the Queens Majesties Subjects in their due Obedience was only a Temporary Act as appears plainly by the last clause of the Chapter Viz. Provided also that every Person that shall abjure by force of this Act See 35 Eliz cap. 1. Sect. 13. or refuse to abjure being thereunto required as aforesaid shall forfeit and loose to Her Majesty all his Goods and Chattels for ever and shall further loose all his Lands Temements and Hereditaments for and dureing the Life onely of such Offender and no longer And that the Wife of any Offender by force of this Act shall not loose her Dower nor that any Corruption of Blood shall grow by reason of any Offence mentioned in this Act. But that the Heir of such Offender by force of this Act shall and may after the Death of every Offender have and enjoy the Lands Tennements and Hereditaments of such Offender as if this Act had not been made and this Act to continue no longer then to the end of the next Sessions of Parliament This Parliament began the 19th Day of February Rot. 35 Eliz. in the 35 of the Queen and was Dissolved the 10th of April following The next Parliament that followed which ended the Sessions mentioned in that Act of the 35 Rot. 39. Eliz began the 24th of Octob. in the 39th Year of the Queen and there continued until the Dissolution thereof which was the 9th of February next following the Year 1597 as by the Roll appears In this Sessions this Act was Revived with divers others See 39 Eliz cap. 18. Sect. 26. by an Act Intituled An Act for the Reviving continuance perfecting and repealing divers Statutes which Enacts that the 35 of Eliz. shall continue and endure in form and Effect until the end of the next Parliament Sect. 41. next ensuing The next Parliament began the 27th of October in the 43 of Elizabeth and continued until the Dissolution ther●of Vide Rot. 43 Eliz. being the 19th of December then next following 1601. as appears by the Roll. In this Session the 35 of Eliz. is again revived with others by the Statute Entituled Cap. 9. Sect. 18. An Act for continuing divers Statutes and Repeal of some others which enacts Sect. 27. That the same be continued and remain in force until the end of the first Session of the next Parliament The next Session of Parliament began the 19th day of March in the first year of King James and ended that Session the 7th of July 1604. as appears by the Roll. Vid. Rot. 1 Jac. The 35 of Eliz. again continued in this Session 1 Jac. c. 25. Sect. 13. among divers others by the Act intituled An Act for continuing and reviving of divers Statutes and for repealing divers others Which Statute enacts the same shall be continued S. 24. and remain in force until the end of the first Session of the next Parliament The second and next Session of Parliament Rot. 3 Jac. began and holden by Prorogation the 5th day of November in the Third of King James and ended the 27th of May next and was then prorogued to the 18th of Nov. 1606. Now observe that in this Session there was no Reviver or Continuance of the 35th of Eliz. therefore it absolutely ceased and was not in force but as if the same had never been The next Parliament began from the last Prorogation of the 18th of November in the Fourth of King James See the Roll 4 Jac. and ended that Session the 4th day of July 1607. and then prorogued until the 16th day of November following See the Roll 7 Jac. The next Parliament being the Fourth Sessions began and holden by Prorogation the 19th day of February in the Seventh year of King James and continued until the 23d of July and then prorogued until the 16th of October next following 1610. In all which several Sessions there was no manner of Continuance or Revivor of the 35th of Elizabeth So it is most plain the Act was expired and wholly discontinued from the 27th of May in the Third of King James to the 21th of King James See the Roll 21 Jac. Now the next Parliament that makes any mention of the 35 of Eliz. was the Parliament which began the 19th day of February in the 21th of King James and was continued to the 29th day of May following and then prorogued till the second day of November 1624. In this Session it is Enacted by the Statute intituled 11 Jac. c. 28. An Act for continuing and reviving of divers Statutes and repeal of divers others in which is included the 35th of Eliz. this Clause viz. shall by Vertue of this Act be adjudged ever since the Session of Parliament in the 7th year of his Majesties Reign of England to have been of such Force and Effect as the same were the last day of that Session and from thenceforth until the end of the first Session of the next Parliament Which Clause in the Act at first seems as if the same 35th of Eliz. were
again revived but consider the words as they lye and it cannot be so adjudged which appears plainly thus You have observed as above is hinted the last Revivor of that Statute was by the 1 Jac. cap. 25. to continue to the end of the first Session of the next Parliament which Session meant and express'd was the second Session in King James his Reign and began the 5th of November in the Third of that King and ended that Session the 20th of May next and then the Statute of the 35th of Elizabeth ceased as is most plain because that in all that Session of 3 Jacobi it was never revived so that the Session which began and ended the 7th of King James spoken of in this Statute of the 21th Jacobi in the words before viz. To have been of such Force and Effects as the same were the last day of that Session did not retain or keep in force the said 35th of Elizabeth And how can it possibly be that the 35 of Eliz. was in force either the beginning or end of that Session of the 7th of King James spoken of in this last-recited Statute when it is plain that it was expired long before If so then this Statute of 21 Jacobi can no way set it up again for this of the 21 of King James onely sets up such as was in force in that Session of the 7th of King James and no otherwise But to proceed In the next Parliament 1 Car. c. 17. The Roll 1 Car. prim begun and holden at Westminster the 18th day of June in the First of King Charles divers Acts pass'd to make it a Session but by a special Bill passed in the same Parliament it was Enacted viz. And all Statutes and Acts of Parliament which are to have continuance unto the end of this present Session shall be of full force after the said Adjournment until this present Session be fully ended and determined c. So it is clear all continued now as it was left the 21 of King James but this of the 35 of Eliz. was not then in Being The next Parliament began the 27th of March 1627. in the Third of Car. primi and continued to the 26th of June following in which Parliament was made divers Statutes And amongst the rest 3 Car. c. 4. an Act intituled An Act for Repeal and continuance of divers Statutes among which is mentioned Sect. 22. the 35th of Eliz. which Enacts viz. By Vertue of this Act shall be and continue until the End of the first Session of the next Parliament in Force and Effect as the same were the first day of the Session of Parliament holden in the first year of the Reign of our Sovereign Lord the King that now is All which cannot in the least be construed to revive and set up the 35th of Elizabeth for this inforces no more than what was in force the First of Car. primi and if the 35th of Elizabeth were out the Third of King James and not in force the 7th of King James as is before made appear then sure no man will say the 35th of Elizabeth was in force the First of K. Charles the First so that this of the Third of Car. 1. can have no force or colour to revive what was so long before dead From the Third of King Charles to the sixteenth there is no mention made of any thing relating to the 35th of Elizabeth but in the 16th Car. it is Enacted VIZ. And be it Enacted by the Authority aforesaid 16 Car. C. 2d That the passing of this present Act or any other Act or Acts or his Majesties Royal assent to them or any of them in this present Session of Parliament shall not be any determination of the said Session and that all Statutes and Acts of Parliament which have their continuance or were by an Act of Parliament made in the Third Year of the Reign of His Majesty that now is Intituled An Act for the Continuance and Repeal of divers Statutes continued until the end of the first Session of the next Parliament c. Shall be of the same force as they were the last Day of that Session and from thenceforth until some other Act of Parliament be made touching the continuance of the same c. Still this Act pretends to continue no more then such as was continued to the Third of Car. Primi which is just nothing to the purpose and therefore it was no Wonder that a Doubt was pretended to be made by the over-long Parliament commonly called The Pentionary Parliament Whether this Act of the 35 of Eliz. was in force or not I must confess it is a very great Wonder to me that they should in the least Question any thing relating to it for by the same Rule that once the Commons at a Committee Judged Fourteen more then Twenty-One about an Election they might as well make a Doubt aye and Judge and Declare it too That the Session ending the 3 of Jacobi might reach three Sessions their Judgement especially at that time a day However there comes no Question about the 35 of Eliz. until the 16 Car. 2d and then the House of Commons haveing a mind to prosecute the Conventicklers made an Act to prevent and suppress Seditious Conventickles and begins thus VIZ. Whereas by an Act made in the 35 th Year of the Reign of our late Soveraign Lady Queen Elizabeth Intituled 16 Car. 2d Cap. 4. An Act to Retain the Queen's Majesties Subjects in their due Obedience hath not been put in Execution by reason of some Doubt of late made Whether the said Act he still in force altho' it be very clear and evident And it is hereby Declared That the said Act is still in force and ought to be put in due Execution For providing therefore of further and more speedy Remedies against the growing and dangerous Practices of Seditious Sectaries and other Dissoyal Persons who under pretence of tender Consciences do at their Meetings contrive Insurrections as late Experience hath shewed Be it Enacted by the King 's most Excellent Majesty c. And by the last Clause in this Statute Sect. 23. Idem is as follows VIZ. Provided also and be it Enacted by the Authority aforesaid That this Act shall continue in Force for Three Years after the End of this present Session of Parliament and from thence forward to the end of the next Session of Parliament after the said three Years and no longer This being the whole that concerned the Statute of the 35 of Eliz. it doth appear That this last Statute is but one intire Statute and that part which declares the Statute of the 35 of Eliz. to be in force is joyned and annexed to the other part and is but one Law and hath its period at the time before prefixed and that Declarative part dyes with the rest which had its end the 22d of this King and that did continue the 35 of Eliz. but to the end of the time prefixed in the Act and no longer now that Session being ended in which the Three Years spoken of in the Statute began the 16 and 17 of Car. 2d See the Role The next Session begun the 17 Car. 2d The next begun the 18th of September 1666 in the 19 of Car. 2d and ended the 8th of February following The next Sessions began after the Three Years was expired See the Role the 10th of October 1667. and ended the 9th of May 1668 and then continued by Adjournment to the 11th of April 1670 and to the 24th of October following when this Conventickle Act expired Conventicle-Act exp the 22d of Car. 2d being the 22d of Car. 2d as is before expressed This being the Case there is no longer any pretence for the 35 of Eliz. being yet in force notwithstanding an Objection made which is that altho' the Conventickle Act be expired and with it the Branch of the declaring part yet it being once declared that Declaration stands good notwithstanding the Act it self dye to which Objection I answer and first I would know if the Statute of 35 of Eliz. be expired as undoubtedly it is as is above shown before this Conventicle Act was made if so then I say the Declarative part in this Conventickle-Statute cannot inforce or give Life to any thing longer then it lives it self And then again I would ask if the Declaring part in this Conventicle Act after it self is extinguished can be Read as a Law to inforce another which hath no being of a Law in it self for then it necessarily follows that an expired Law is as authentick as a Law in being But to finish this matter as no Man of Judgement can imagine any such thing so no Man of Honesty I dare say can overmuch grieve at the loss of two such Acts much less will he strain other Laws beyond their due bounds to inforce such a pernicious Law as the 35 of Eliz. was FINIS