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A65542 The death, burial, and resurrection of the act of the 35th of Eliz. entituled, An act to retain the Queens Majesties subjects in their due obedience being an answer to a late lying pamphlet, entituled The life and death of the 35th of Eliz. E. W. 1681 (1681) Wing W15; ESTC R7028 2,757 4

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THE DEATH BURIAL AND RESURRECTION OF The ACT of the 35th of Eliz. Entituled An Act to retain the Queens Majesties Subjects in their due Obedience BEING An ANSWER to a late Lying Pamphlet Entituled The Life and Death of the 35 th of Eliz. THere being lately a scurrilous and seditious Pamphlet spread abroad to ensnare His Majesties Loyal Subjects Entituled The Life and Death of the Statute of the 35 th of Queen Elizabeth and by such means to withdraw His Majesties Subjects from their due Obedience and Conformity according to the known Laws of this Kingdom suggesting that the said Act is discontinued thereby at once not only grosly reflecting on the Proceedings of the two last Parliaments but calling in question the Judgment of the King Lords and Commons who upon starting the Question Whether or not this Act of the 35 th of Elizabeth was in force in the 16 th year of His now Majesties Reign did unanimously declare That the said Act was then in force and ought to be put in due Execution For the better satisfaction of which point I have only set down the several continuances and revivings of the said Act and the continual care of every Parliament since the making that Law being certainly the best if not the only means to keep His Majesties Subjects to their due Obedience An Act made in the 35th of Eliz. Cap. 1. entituled AN Act to retain the Queens Majesties Subjects in their due obedience with this proviso that it shall continue no longer than to the end of the next Session of Parliament This Parliament began the 19th of February in the 35th of the Queen and was dissolved the 10th of April following The next Parliament began the 24th of October in the 39th of the Queen and there continued until the dissolution thereof being the 9th of February next following 1597. This is the Session to the end whereof the 35th of Eliz. was to have continued in force in which Session the 35th of Eliz. was revived by an Act entituled An Act for reviving continuing and repealing divers Statutes which enacts the same shall continue and remain in force unto the end of the next Parliament next ensuing The next Parliament began the 27th of October in the 43d of the Queen and there continued until the dissolution thereof being the 19th of December next following 1601. In this Session the 35th of Eliz. is again revived by the Statute entituled An Act for continuance of divers Statutes and for repeal of some others which Statute enacts That the same shall be continued and remain in force until the end of the first Session of the next Parliament The first Session of the next Parliament began the 19th of March in the 1st year of King James and there continued to the 7th of July 1604. and then prorogued to the 7th of February next following The 35th of Eliz. is again continued in this Session by the Act entituled An Act for continuing and reviving of divers Statutes and for repealing of some others which enacts The same shall be continued and remain in force until the end of the first Session of the next Parliament The 2d Session of the forementioned Parliament began and was held by Proroguation the 5th of November in the 3d. of King James and there continued until the 27th of May and then was prorogued to the 18th of November next 1606. The 3d. Session of the forementioned Parliament began from the last Proroguation of the 18th of November in the 4th of King James and there continued till the 4th of July 1607. and then prorogued to the 16th of November next following The 4th Session of the forementioned Parliament began and was help by Prorogation the 10th of February in the 7th of King James and there continued until the 23d of July and then Prorogued to the 16th of October next following 1610. Now observe that in the 1st Session of Parliament held in the 1st of King James the 35th of Eliz. was revived and continued in force until the end of the 1st Session of the next Parliament The 2d Session of Parliament was held by Prorogation in the 3d. of King James The 3d. Session was held by Prorogation in the 4th of King James The 4th Session was held by Prorogation in the 7th of King James so that it is apparent by the Proviso in the 1st year of King James that there needed not as the late Pamphleteer seems to hint any Revivor of the 35th of Eliz. in either of the 3 last mentioned Sessions they being Sessions of the same Parliament held in the 1st of King James In the 12th of King James another Parliament was held at Westminster but no Act passing it was no Sessions In the 18th year of King James there was another Parliament holden at Westminster wherein only there passed some Subsidy Acts. And in the next Parliament being holden in the 21st year of King James the Question did arise in Parliament Whether amongst other temporary Acts this Act of the 35th of Eliz. were discontinued And for clearing the Doubt Stat. 21 Jac. entituled An Act for the continuing and reviving of divers Statutes and for repeal of divers others This Clause is incerted that the said Acts shall by virtue 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 The 18th of June the next Parliament was holden at Westminster and there continued to the 11th of July following and then Adjourn'd to Oxon In which Sessions it was Enacted That all Statutes and Acts of Parliament which were to have continuance unto the end of that Sessions should be of full force after the said Adjournment until that Sessions should be fully determined And if it should happen that that Session of Parliament should be determined by the Dissolution thereof that then the 35 of Eliz. with other Acts should be continued in force until the end of the first Session of the next Parliament And the next Parliament was holden 3 Car. 1. and this Act was revived and continued in force unto the end of the first Sessions of the next Parliament The next Parliament was holden 16 Car. 1. in which Sessions it was Enacted That the passing of that Act c. should not be any determination of that Sessions and that all Acts of Parliament should have their continuance according to the Act of 3 Car. 1. and should 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 or discontinuance of the same so that it is plain this Act is still in force unless the Pamphleteer can produce an Act whereby this Act of the 35 of the Queen is repealed and it must be very lately For this doubt arising the second time in Parliament in the 16th year of His now Majesties Reign In the Preamble of the Act entituled An Act to prevent and suppress Seditious Conventicles It is declared by King Lords and Commons That the Act of the 35 of the Queen was then in force and ought to be put in due Execution And although that Act be expired yet this Clause is declaratory and distinct from that Act and the Act of the 22d of this King was never made in favour of Dissenters London Printed for Nath. Thompson next the Cross Keys in Fetter-lane Sect. 13. Cap. 18. Sect. 26. Eliz. Sect. 41. Cap. 9. Sect. 18. Sect. 27. 1 Jam. Cap. 25. Sect. 24. Cap. 28. Sect. 1. 1 Car. 1. Cap. 7. 3 Car. 1. Cap. 4. Sect. 21 22. 16 Car. 1. Cap. 4. Cap. 4.