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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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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