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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

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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