commence take sue and prosecute their said Appeal from the said pretenced Sentence and for the reversing of the said pretenced Sentence within this Realm in such like manner and form as was used to be pursued or might have béen pursued within this Realm at any time since the xxiv year of the Reign of the said late King Henry the Eighth upon Sentences given in the Court or Courts of any Archbishop within this Realm And that such Appeal as so hereafter shall be taken or pursued by the said Richard Chetwood and Agnes or either of them and the Sentence that herein or thereupon shall hereafter be given shall be judged to be good and effectual in the Law to all intents and purposes any Law Custom Vsage Canon Constitution or any other matter or cause to the contrary notwithstanding An Appeal between Richard Harcourt and Anthony Fydell Provided also and be it enacted by the Authority aforesaid That where there is the like Appeal now depending in the said Court of Rome betweén one Richard Harcourt Merchant of the Staple and Elizabeth Harcourt otherwise called Elizabeth Robins of the one party and Anthony Fydell Merchant Stranger on the other party that the said Robert Elizabeth and Anthony and every of them shall and may for the prosecuting and trying of their said 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 wise notwithstanding Stat. i Eliz. cap. ii An Act for the Vniformity of Common Prayer and Service in the Church and the Administration of the Sacraments WHere at the death of our late Soveraign Lord King Edward the Sixth Stat. Sect. 1. there remained one uniform Order of Common Service and Prayer and of the Administration of Sacraments Rites and Ceremonies in the Church of England which was set forth in one Book Intituled The Book of Common Prayer and Administration 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 said late Sovereign Lord King Edward the Sixth Intituled An Act for the Vniformity of Common Prayer and Administration of the Sacraments the which was repealed and taken away by Act of Parliament in the First year of the Reign of our late Sovereign Lady Quéen Mary to the great decay of the due honour of God and discomfort to the Professors of the Truth of Christ's Religion Be it therefore Enacted by the Authority of this present Parliament That the said Estatute of Repeal A repeal of the Statute of 1 M. 2. And the Book of Common Prayer shall be in force and every thing therein contained only concerning the said Book and the Service Administration of the Sacraments Rites and Ceremonies contained or appointed in or by the said Book shall be void and of none effect from and after the Feast of the Nativity of Saint John Baptist next coming And that the said Book with the Order of Service and of the Administration of Sacraments Rites and Ceremonies with the alteration and additions therein added and appointed by this Estatute shall stand and be from and after the said Feast of the Nativity of Saint John Baptist in full force and effect according to the tenor and effect of this Estatute Any thing in the aforesaid Estatute of Repeal to the contrary notwithstanding Stat. Sect. 2. The Book of Common Prayer shall be used And further Be it Enacted by the Queens Highness with the assent of the Lords and Commons in this present Parliament assembled and by the Authority of the same That all and singular Ministers in any Cathedral or Parish Church or other place within this Realm of England Wales and the Marches of the same or other the Quéens Dominions shall from and after the Feast of the Nativity of Saint John Baptist next coming be bounden to say and use the Mattens Evensong Celebration of the Lords Supper and Administration of each of the Sacraments and all the Common and open Prayer The alteration of the Book set forth 5 6 Ed. 6. in such Order and Form as is mentioned in the said Book so Authorized by Parliament in the said Fifth and Sixth years of the Reign of King Edward the Sixth with one alteration or addition of certain Lessons to be used on every Sunday in the year and the Form of the Letany altered and corrected and two sentences only added in the delivery of the Sacrament to the Communicants and none other or otherwise The forfeiture of those which use any other Service then the Book of Common Prayer And that if any manner of Parson Vicar or other whatsoever Minister that ought or should sing or say Common Prayer mentioned in the said Book or Minister the Sacraments from and after the Feast of the Nativity of Saint John Baptist next coming refuse to use the said Common Prayers or to Administer the Sacraments in such Cathedral or Parish Church or other places as he should use to Minister the same in such Order and Form as they be mentioned and set forth in the said Book or shall wilfully or obstinately standing in the same use any other Rite Ceremony Order Form or Manner of celebrating the Lords Supper openly or privily or Mattens Evensong Administration of the Sacraments or other open Prayers then is mentioned and set forth in the said 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 The Penalty for depraving the Book of Common Prayer or private Chappels or Oratories commonly called the Service of the Church or shall 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 Confession or by the notorious Evidence of the Fact shall loose and forfeit to the Queens Highness her Heirs and Successors for his first offence the profit of all his Spiritual Benefices or Promotions coming or arising in one whole year next after his conviction And also that the person so convicted shall for the same Offence suffer Imprisonment for the space of Six months without Bail or Mainprize That ought or should sing or say Common Prayer c. What Minister is here meant Although the first part of this Clause viz. All and singular Ministers in any Cathedral or Parish Church or other place seems to intend a local Minister only and not one who is neither Parson Vicar or Stipendiary Chaplain yet the next words If any Parson Vicar or other Minister that ought to say Common Prayer or minister the Sacraments c. clearly comprehend all lawful
their Iurisdictions and Authority and to punish the same by admonition excommunication sequestration or deprivation and other censures and process in like form as heretofore hath béen used in like Cases by the Quéens Ecclesiastical Laws Provided always and be it enacted None shall be punished twice for the same Offence That whatsoever persons offending in the premisses shall for their offences first receive punishment of the Ordinary having a Testimonial thereof under the said Ordinaries Seal shall not for the same Offence eftsoons be convicted before the Iustices And likewise receiving for the said first Offence punishment by the Iustices shall not for the same Offence eftsoons receive punishment of the Ordinary Any thing contained in this Act to the contrary notwithstanding This Clause being in the affirmative doth not abrogate the Jurisdiction Ecclesiastical Ecclesiastical Jurisdiction not abrogated which was in the Ecclesiastical Judge before the making of the Statute for that no Negative words are here added as that he should proceed no otherwise or in no other manner or form than this Statute directs And therefore if any Parson Vicar c. deprave or observe not the Book of Common Prayer although this Act inflicts only the forfeiture of a years value and six months Imprisonment for the first Offence yet the Ecclesiastical Judge may for the first Offence deprive him notwithstanding this Act as he might have done if no form of punishment had been here appointed And the said Book being enjoined by Authority the Offence of depraving or non-observing it is punishable by the Ecclesiastical Judge according to the Ecclsiastical Law without the further aid of any Temporal Law then the commanding it to be observed Co. 5.5 6. Cawdries Case And in such Case the Sentence of Deprivation given by the Ecclesiastical Judge though it exceed the punishment inflicted by the Temporal Law is not to be questioned by the Temporal Judges but they ought to give Faith and Credit to it For cuilibet in sua arte perito est credendum Cawdries Case fol. 7. Co. 4.29 Bunting and Heppingwells Case Provided always and be it enacted Stat. Sect. 13. Ornaments of the Church and Ministers That such Ornaments of the Church and of the Ministers thereof shall be 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 shall be therein taken by the Authority of the Quéens Majesty with the advice of her Commissioners appointed and authorized under the Great Seal of England for Causes Ecclesiastical or of the Metropolitan of this Realm And also That if there shall happen any Contempt or Irreverence to be used in the Ceremonies or Rites of the Church by the mis-using of the Orders appointed in this Book the Queéns Majesty may by the like advice of the said Commissioners or Metropolitan ordain and publish such further Ceremonies or Rites as may be most for the advancement of Gods Glory the Edifying of his Church and the due Reverence of Christs holy Mysteries and Sacraments All Laws and Ordinances made for other Service shall be void And be it further Enacted by the Authority aforesaid That all Laws Statutes and Ordinances wherein or whereby any other Service Administration of Sacraments or Common Prayer is limited established or set forth to be vsed within this Realm or any other the Queéns Dominions or Countries shall from henceforth be utterly void and of none effect Stat. v Eliz. cap. i. An Act for the Assurance of the Queens Majesties Royal Power over all States and Subjects within her Dominions FOR preservation of the Queéns most Excellent Highness her Heirs and Successors Stat. and the Dignity of Sect. 1 the Imperial Crown of this Realm of England And for the avoiding both such hurts perils dishonors and inconveniencies as have before time befallen as well to the Quéens Majesties noble Progenitors Kings of this Realm as for the whole Estate thereof by means of the Iurisdiction and Power of the Sée of Rome unjustly Claimed and Vsurped within this Realm and the Dominions thereof and also of the dangers by the fauters of the said usurped Power at this time grown to marvelous outrage and licentious boldness and now requiring more sharp restraint and correction of Laws than hitherto in the time of the Queéns Majesties most mild and merciful Reign have béen had used or established Be it therefore Enacted Ordained and Established Stat. by the Quéen our Soveraign Lady and the Lords Spiritual and Sect. 2 Temporal The Penalty for maintaining the Authority of the Bishop or See of Rome and the Commons in this present Parliament assembled and by Authority of the same That if any Person or Persons dwelling inhabiting or resiant within this Realm or within any other the Quéens Dominions Seigniories or Countries or in the Marches of the same or elsewhere within or under her Obeysance and Power of what Estate Dignity Preheminence Order or Condition soever he or they be after the first day of April which shall be in the year of our Lord God One thousand five hundred sixty thrée shall by Writing Typhering Printing Preaching or Teaching Déed or Act advisedly and wittingly hold or stand with to extol set forth maintain or defend the Authority Iurisdiction or Power of the Bishop of Rome or of his Sée heretofore claimed used or usurped within this Realm or in any Dominion or Country being of within or under the Queéns Power or Obeisance or by any Spéech open Déed or Act advisedly and wittingly attribute any such manner of Iurisdiction Authority or Preheminence to the said Sée of Rome or to any Bishop of the same Sée for the time being within this Realm or in any the Quéens Dominions or Countries that then every such Person or Persons so doing or offending their Abbettors Procurers and Counsellors and also their aiders assistants and comforters upon purpose and to the intent to set forth further and extol the said usurped Power Authority or Iurisdiction of any of the said Bishop or Bishops of Rome and every of them being thereof lawfully Indicted or Presented within one year next after any such Offences by him or them Committed and being lawfully Convicted or Attainted at any time after according to the Laws of this Realm for every such Default and Offence shall incur into the dangers penalties pains and forfeitures Ordained and Provided by the Statute of Provision and Praemunire made in the Sixtéenth year of the Reign of King Richard the Second Hold or stand with c. or attribute The Printers of any Book which attributes to the Pope or See of Rome any such Authority or Jurisdiction within this Realm Printing bringing in offering and delivering of Books c. and the utterers thereof in most Cases are within the danger of this Law and if any man bring over such Books Written beyond the Seas knowing the
Ley Stat. 21 H. 8. 13 13 El. 12. 111. Deprivation And the Statute of 13 Eliz. touching the 39 Articles which provides that no Title to present by Lapse shall accrue upon any Deprivation ipso facto until six months after notice thereof given by the Ordinary to the Patron although it be penned in general terms extends only to the particular Cases in that Statute and to no other Case of Deprivation ipso facto by Act of Parliament And if the person that shall offend and be convicted in form aforesaid concerning any of the premisses shall not be Beneficed Stat. Sect. 4. The penalty of an Offender having no Spiritual Promotion nor have any spiritual Promotion that then the same person so offending and convict shall for the first Offence suffer Imprisonment during one whole year next after his said Conviction without Bail or Mainprize And if any such person not having any spiritual Promotion after his first Conviction shall eftsoons offend in any thing concerning the premisses and shall in form aforesaid be thereof lawfully convicted that then the same person shall for his second Offence suffer Imprisonment during his Life Stat. Sect. 5. The forfeiture of them which do any thing or speak in the derogation of the Book of Common Prayer Causing other Prayer to be said or sung And it is ordained and enacted by the Authority aforesaid That if any person or persons whatsoever after the said Feast of the Nativity of St. John Baptist next coming shall in any Interludes Plays Songs Rhimes or by other open words declare or speak any thing in the derogation depraving or despising of the same Book or of any thing therein contained or any part thereof or shall by open fact deed or by open threatnings compell or cause or otherwise procure or maintain any Parson Vicar or other Minister in any Cathedral or Parish Church or in Chappel or in any other place to sing or say any Common or open Prayer or to minister any Sacrament otherwise or in any other manner and form than is mentioned in the said Book or that by any of the said means shall unlawfully interrupt or let any Parson Vicar or other Minister in any Cathedral or Parish Church Chappel or any other place to sing or say Common and open Prayer or to minister the Sacraments or any of them in such manner and form as is mentioned in the said Book The forfeiture of 100 marks for the first Offence That then every such person being thereof lawfully convicted in form abovesaid shall forfeit to the Queén our Soveraign Lady her Heirs and Successors for the first Offence an hundred marks Any person or persons whatsoever A Feme Covert is within the meaning of this Branch and shall be liable to the Penalties thereby inflicted Feme Covert Hobart 97. Moore versus Hussey Dyer 3 Eliz. 203. Sir Edward Walgraves Case The beginning of this Parliament uncertain There hath been a great question when this Parliament of 1 Eliz. began Poulton saith the 23d of January Dyer 3 Eliz. 203. The 25th of January Co. 4. Inst 7. the 25th of February And for the incertainty when it commenced an Information was brought upon this Branch of the Statute against Sir Edward Walgrave and his Wife by the Queens Attorney without any special recital of the Statute Recital of Statutes only supposing the Offence to be Contra formam effectum cujusdam Statuti in Parliamento tenent apud Westmonasterium anno primo Reginae nunc c. Dyer 3 Eliz. 203. For this is a general Statute and general Statutes need not be particularly recited Plowden 53. Wimbish vers Talbois Ibid. 79. 81. Partridges Case Ibid. 231. Lord Barkleys Case Hearing Mass Compel or cause or otherwise procure or maintaine The hearing of Mass is a maintaining within this Statute and the person hearing it is Indictable thereupon Hobart 97. Dyer 3 Eliz. 203. ibid. 15 Eliz. 323. Fermors Case And if any person or persons being once convict of any such Offence eftsoons offend against any of the last recited Offences Stat. Sect. 6. The forfeiture of four hundred Marks for the second Offence ānd shall in form aforesaid be thereof lawfully convict That then the same person so offending and convict shall for the second Offence forfeit to thr Queén our Soveraign Lady her Heirs and Successors four hundred marks And if any person after he in form aforesaid shall have been twice convict of any Offence concerning any of the last recited Offences shall offend the third time The forfeiture for the third Offence and be thereof in form abovesaid lawfully Convict That then every person so offending and convict shall for his third Offence forfeit to our Soveraign Lady the Quéen all his Goods and Chattels and shall suffer Imprisonment during his Life The Offender in any of these Cases cannot be punished for the second Offence before he be adjudged for the first The Offender not punishable for the second offence until adjudged for the first and that second Offence must be committed after the Judgment given for the first nor for the third Offence before he be adjudged for the second and that third must be committed after the Judgment for the second For Quod non apparet non est non apparet Judicialiter ante Judicium Co. 2. Inst 479. Vide Dyer 323. And if any Person or Persons Stat. Sect. 7. The penalty if the party convicted do not pay his forfeiture within the time limitted that for his first Offence concerning the premises shall be convict in forme aforesaid do not pay the sum to be paid by vertue of his conviction in such manner and form as the same ought to be paid within six weeks next after his conviction That then every Person so convict and so not paying the same shall for the same first Offence instead of the said sum suffer Imprisonment by the space of six months without Bail or Mainprize And if any Person or Persons that for his second Offence concerning the premises shall be convict in form aforesaid do not pay the said sum to be paid by vertue of his conviction and this Statute in such manner and form as the same ought to be paid within six wéeks next after his said second conviction That then every person so convicted and not so paying the same shall for the same second Offence in the stead of the said sum suffer Imprisonment during twelve months without Bail or Mainprize An Information was brought by the Attorney General in the Kings Bench upon the Statute for hearing Mass The Offender dies within the six weeks and Judgment given Trin. 3 Eliz. Quod foris facereth Dominae Reginae Et si non solvet infra c. tunc imprisonabitur c. The forfeiture was estreated into the Exchequer within the six weeks mentioned in the Statute and before the six weeks expire the Defendant in the
Information dies Quaere Whether his Executors shall be charged with the forfeiture of 100 Marks for that the Offender died within the six weeks and so by the Act of God his body cannot suffer Imprisonment for six months in lieu of the forfeiture And the Statute gave his election in this Case whether he would suffer Imprisonment or pay the one hundred Marks Dyer 3 Eliz. 203. Et 6 7 Eliz. 231. Sir Edward Walgraves Case But this Question may now be prevented for the Offender may be Indicted upon the Statute of 23 Eliz. cap. 1. Stat. 23 El. 2. 1 which inflicts for such Offence the 100 Marks and Imprisonment both Stat. Sect. 8. Every person shall resort to the Church upon Sundays and Holidays And that from and after the said Feast of the Nativity of Saint John Baptist next coming all and every person and persons inhabiting within this Realm or any other the Quéens Majesties Dominions shall diligently and faithfully having no lawful or reasonable excuse to be absent endeavour themselves to resort to their Parish Church or Chappel accustomed or upon reasonable let thereof to some usual place where Common Prayer and such Service of God shall be used in such time of let upon every Sunday and other days ordained and used to be kept as Holy-days and then and there to abide orderly and soberly during the time of the Common Prayer Preaching or other Service of God there to be used and ministred upon pain of punishment by the Censures of the Church The forfeiture for not coming to Church and also upon pain that every person so offending shall forfeit for every such Offence twelve pence to be levied by the Church-Wardens of the Parish where such Offence shall be done to the use of the Poor of the same Parish of the Goods Lands and Tenements of such Offender by way of distress Every person and persons A Feme Covert Feme Covert is within this Statute and shall forfeit twelve pence if she repair not to Church every Sunday and Holiday Co. 11. 61. Dr. Fosters Case Bulstrode 3. 87. The King against Law Rolles 1. 93. C. 4. 1. Dr. Fosters Case Hobart 97. Moore versus Hussey Inhabitant within the Realm Inhabiting within this Realm c. In an Indictment upon this Statute for not coming to Church it need not be averred that the Offender is an Inhabitant within this Realm c. for if he be not that ought to come of the other side Godbolt 148. C. 191. Anne Mannocks Case Reasonable excuse Having no lawful or reasonable Excuse c. Nor need it be averred in such Indictment That the party had no lawful or reasonable Excuse to be absent but that ought likewise to come of the other side Leonard 2. 5. C. 6. Elizabeth Dormers Case Note in the Report of that Case these words having no lawful or reasonable c. are by mistake supposed to be in the Statute of 23 Eliz. 1. cap. 1. To their Parish Church or Chappel accustomed Not necessary to go to a mans Parish Church or upon reasonable lett thereof c. If a man doth not resort to the Church of the Parish wherein he dwells nor to the Chappel of Ease whereunto the place of his abode belongs yet if he goes to that Church or Chappel to which he hath been accustomed to resort it seems to be sufficient to satisfie the intent of this Act. Vide Bulstrode 1. 159. infra Common Prayer Common Prayer For the Book of Common Prayer now established Vide supra Sect. 2. Diligently and faithfully c. and then and there to abide orderly and soberly during c. Although the words of the Statute be in the dis-junctive Staying at Church during the whole time viz. That he shall abide there during the time of Common Prayer Preaching or other Service of God yet they are to be taken conjunctively and the party ought not to depart when the Service is ended if there be Preaching but must continue there for the whole time Godbolt 148. C. 191 Mannocks Case And yet if he abides there during the whole time he may be liable to the penalty of this Law Behaviour there For there are four Adverbs in the Statute 1. Diligently which denotes attention 2. Faithfully devotion 3. Soberly gravity And 4. Orderly decency All which ought to be observed so that if he walk or talk in the Church during the Service of God there he may be punished upon this Act as if he were absent By Coke Chief Justice B. R. Rolles 1. 93. C. 41. Doctor Fosters Case Shall forfeit for every such Offence Twelve pence This forfeiture still remains notwithstanding the Statute of 23 Eliz. cap. 1. which gives the 20 l. per month Stat. 23 Eliz. 1.3 Jac. 4. And that appears by the Statute of 3 Jac. cap. 4. which gives a more speedy remedy for the recovery of the forfeiture of Twelve pence And by the different times when these two forfeitures are due and the different Offences for which they are due which shews that the one was not intended in the room of the other For the 20 l. per month is due for a months absence and cannot be sued for till the month is past But the twelve pence is due for every absence either Sunday or Holiday For 't is forfeited as soon as the Sunday or Holiday is past and may be sued for every Week so that the Recusant may be punished both by this Statute for his weekly absence and by 23. The 12 pence and 20 pounds both forfeited Conformity for his monthly absence nor is he helped by this Act in case of Conformity as he is by 23. Co. 11. 63. Dr. Fosters Case Rolls 1. 94. C. 41. The same Case But yet although this Act doth not discharge him of this Twelve pence upon Conformity it seems that the Statute of 1 Jac. cap. 4. Stat. 1. Jac. 4. will Stat. Sect. 9. And for due execution hereof the Queéns most excellent Majesty the Lords Spiritual and all the Commons in this present Parliament assembled do in Gods name earnestly require and charge all the Archbishops Bishops and other Ordinaries that they shall endeavour themselves to the utmost of their knowledges that the due and true execution hereof may be had throughout their Diocess and Charges as they will answer before God for such evils and plagues wherewith Almighty God may justly punish his People for neglecting this good and wholsome Law The Ordinary may punish Offenders by the Censures the Church And for their Authority in this behalf be it further enacted by the Authority aforesaid That all and singular the said Archbishops Bishops and all other their Officers exercising Ecclesiastical Iurisdiction as well in place exempt as not exempt within their Diocess shall have full Power and Authority by this Act to reform correct and punish by Censures of the Church all and
singular persons which shall offend within any their Iurisdictions or Diocess after the said Feast of the Nativity of St. John Baptist next coming against this Act and Statute Any other Law Statute Priviledge Liberty or Provision heretofore made had or suffered to the contrary notwithstanding Not necessary to go to the Parish Church The Ordinary or Ecclesiastical Judge cannot legally punish any man for not coming to the Church of that Parish where he inhabits if he goes to any other although he shews not any reasonable Lett. For it shall be a good Plea for the party to say that that is not his Parish Church but that he had used to frequent another Church and did resort thereunto And if the Ecclesiastical Court will not receive this plea the party shall have a Prohibition Prohibition For the Spiritual Court hath no power to judge what shall be said to be a mans Parish Church And so it was resolved by the whole Court of Kings-Bench Trin. 9. Jac. Bulstrode 1. 159. Nor can the Spiritual Court try the limits or bounds of Parishes but they shall be tried by the Common Law Co. 13. 17. Stat. Sect. 10. What Justices may punish these Offences And it is ordained and enacted by the Authority aforesaid That all and every Iustices of Oyer and Determiner or Iustices of Assize shall have full Power and Authority in every of their open and general Sessions to enquire hear and determine all and all manner of Offences that shall be committed or done contrary to any Article contained in this present Act within the limits of the Commission to them directed and to make process for the execution of the same as they may do against any person being indicted before them of Trespass or lawfully convicted thereof Provided always and be it enacted by the Authority aforesaid A Bishop may joyn with the Justices to enquire of Offenders That all and every Archbishop and Bishop shall or may at all time and times at his liberty and pleasure joyn and associate himself by vertue of this Act to the said Iustices of Oyer and Determiner or to the said Iustices of Assize at every of the said open and general Sessions to be holden in any place within his Diocess for and to the enquiry hearing and determining of the Offences aforesaid Provided also and be it enacted by the Authority aforesaid At whose charges the Book of Common Prayer shall be gotten That the Books concerning the said Services shall at the Costs and Charges of the Parishioners of every Parish and Cathedral Church be attained and gotten before the said Feast of the Nativity of St. John Baptist next following and that all such Parishes and Cathedral Churches or other places where the said Books shall be attained and gotten before the said Feast of the Nativity of St. John Baptist shall within thrée weeks next after the said Books so attained and gotten use the said Service and put the same in ure according to this Act. And be it further enacted by the Authority aforesaid Within what time the Offenders shall be impeached That no person or persons shall be at any time hereafter Impeached or otherwise molested of or for any the Offences above-mentioned hereafter to be committed or done contrary to this Act unless he or they so offending be thereof Indicted at the next general Sessions to be holden before any such Iustices of Oyer and Determiner or Iustices of Assize next after any Offence committed or done contrary to the tenour of this Act. Provided always Trial of Peers and be it ordained and enacted by the Authority aforesaid That all and singular Lords of the Parliament for the third Offence above-mentioned shall be tried by their Peers Provided also Stat. Sect. 11. Chief Officers of Cities and Boroughs shall enquire of Offenders and be it ordained and enacted by the Authority aforesaid That the Mayor of London and all other Mayors Bayliffs and other head Officers of all and singular Cities Boroughs and Towns Corporate within this Realm Wales and the Marches of the same to the which Iustices of Assize do not commonly repair shall have full Power and Authority by virtue of this Act to enquire hear and determine the Offences aforesaid and every of them yearly within fifteen days after the Feast of Easter and St. Michael the Archangel in like manner and form as Iustices of Assize and Oyer and Determiner may do These words In like manner and form appoint in what manner the Offences shall be enquired of Mayors and Head Officers of Corporations heard and determined by Mayors and Head Officers of Corporations c. by Indictment for so much enquire imports and Trial and Verdict of twelve men or such other Legal proceedings upon the said Indictment as are used by the Justices of Oyer and Determiner and Assizes in their general Sessions For the Mayor or Head Officer is not left by this Act to his own Arbitrary Will or Discretion in the hearing and determining the Offence but must proceed according to the rules and forms of Law in the Conviction of the Offender And the Statute saith To which Justices of Assize do not commonly repair So that the Mayor or Head Officer of such places were only intended in the lieu and room of Justices of Assize and are therefore to proceed by the same Rules as they do in the Counties at large Within what time to proceed But these words extend not to the point of time limited for Indicting such Offender nor are Mayors and Head Officers tied to their next Sessions as the Justices of Oyer and Determiner and of Assize are as Wingate tit Service and Sacraments numb 26. mistakes the meaning of the Statute For in like manner and form is intended in such respects only where 't is not otherwise provided for by the Statute But 't is expresly provided here that Mayors and Head Officers of Corporations shall enquire of these Offences only twice in the year viz. within fifteen days after Easter and Michaelmas and not at their next general Sessions unless it happen to be the Sessions after one of those two Feasts To whom the Bishop cannot associate himself Nor can the Archbishop or Bishop associate himself in this Case to any Mayor or Head Officer of a Corporation as Wingate tit Service and Sacraments number 25. mistakes Stat. Sect. 12. The Ordinaries Jurisdiction in these Cases Provided always and be it ordained and enacted by the Authority aforesaid That all and singular Archbishops and Bishops and every of their Chancellors Commissaries Archdeacons and other Ordinaries having any peculiar Ecclesiastical Iurisdiction shall have full Power and Authority by virtue of this Act as well to enquire in their Visitation Synods and elsewhere within their Iurisdiction at any other time and place to take Accusations and Informations of all and every the things above-mentioned done committed or perpetrated within the limits of