prevent all such unlawful Meetings and take into their Custody such of those persons so unlawfully Assembled as they shall judg to be the Leaders and Seducers of the rest and such others as they shall think fit to be proceeded against according to Law for such their Offences 11. And be it Enacted by the Authority aforesaid That every person who shall wittingly and willingly suffer any such Conveticle unlawful Assembly or Meeting aforesaid to be held in his or her House Out-house Barn or Room Yard or Backside Woods or Grounds shall incur the same Penalties and Forfeitures as any other Offendor against this Act ought to incur and be proceeded against in all points in such manner as any other Offendor against this Act ought to be proceeded agianst 12. Provided also and be it Enacted by the Authhrity aforesaid That if any Keeper of any Goal or House of Correction shall suffer any person committed to his Custody for any Ossence against this Act to go at Large contrary to the Warrant of his Commitments according to this Act or shall permit any Person who is at Large to joyn with any Person Committed to his Custody by vertue of this Act in the exercise of Religion disfering from the Rites of the Church of England Then every such Keeper of a Goal or House of Correction shall for every such Offence forfeit the sum of 10. l. to be levied raised and disposed by such persons and in such manner as the Penalties for the first and second Offences against this Act are to be Levied Raised and disposed 13. Provided always That no person shall be punished for any Offence against this Act unless such Offendor be prosecuted for the same within three Months after the offence committed and that no person who shall be punished for any Offence by vertue of this Act shall be punished for the same Offence by vertue of any other Act or Law whatsoever 14. Provided also and be it Enacted That Judgment of Transportation shall not be given against any Feme Covert unless her Husband be at the same time under the like Judgment and not discharged by the payment of money as aforesaid but that instead thereof she shall by the respective Court be committed to the Goal or House of Correction there to remain without Bail or Mainprize for any time not exceeding 12 Months unless her Husband shall pay down such sum not exceeding 40 l. to redeem her from imprisonment as shall be imposed by the said Court the said sum to be disposed by such persons and in such manner as the Penalties for the first and second Offence against this Act are to be disposed 15. Provided also and be it Enacted by the Authority aforesaid That the Justices of the Peace and Chief Magistrate respectively impowered as aforesaid to put this Act in Execution shall and may with what Aid Force and Assistance they shall think fit for the better Execution of this Act after refusal or denial enter into any House or other place where they shall be informed any such Conventicle as aforesaid is or shall be held 16. Provided That no Dwelling-house of any Peer of this Realm whilest he or his Wife shall be there Resident shall be searched by vertue of this Act but by immediate Warrant from his Majesty under his Sign Manual or in the prefence of the Lieutenant or one of the Deputy-Lieutenants or two Justices of the Peace whereof one to be of the Quorum of the same County or Riding nor shall any other Dwelling-house of any Peer or other person whatsoever be entered into with Force by vertue of this Act but in the presence of one Justice of the Peace or chief Magistrate respectively except within the City of London where it shall be lawful for any such other Dwelling-house to be entred into as aforesaid in the presence of one Justice of the Peace Alderman Deputy-Alderman or any one Commissoner for the Lieutenancy for the City of London 17. Provided also and be it Enacted by the Authority aforesaid That no person shall by vertue of this Act be committed to the House of Correction that shall satisfie the said Justices of the Peace or chief Magistrate respectively that he or she and in case of a Feme Covert that her Husband hath an Estate of Free-hold or Copy-hold to the value of 5 l. per Annum or personal Estate to the value of 50 l. any thing in this Act to the contrary notwithstanding 18. And in regard a certain Sect called Quakers and other Sectaries are found not only to offend in the matters provided against by this Act but also obstruct the proceedings of Justice by their obstinate refusal to take Oaths lawfully tendered unto them in the ordinary Course of Law Therefore be it further Enacted by the Authority aforesaid that if any person or persons being duly and legally served with Process or other Summons to appear in any Court of Record except Court-Leets as a Witness or returned to serve of any Jury or ordered to be examined upon Interrogatories or being present in Court shall refuse to take any Judicial Oath legally tendered to him by the Judg or Judges of the same Court having no legal Plea to Justifie or excuse the refusal of the same Oath or if any Person or Persons being duly served with Process to answer any Bill exhibited against him or them in any Court of Equity or any Suit in any Court Ecclesiastical shall refuse to answer such Bill or Suit upon his or their corporal Oath in cases where the Law requires such Answer to be put in upon Oath or being summoned to be a Witness in any such Court or ordered to be examined upon Interrogatiories shall for any Cause or Reason not allowed by Law refuse to take such Oath as in such Cases is required by Law That then and in such Case the several and respective Courts wherein such refusal shall be made shall be and are hereby enabled to Record Enter or Register such refusal which Record or Entry shall be and is hereby made a Conviction of such Offence and all and every person and persons so aforesaid offending shall for every such Offence incur the judgment and punishment of Transportation in such manner as is appointed by this Act for other Offences 19. Provided always That if any person or persons aforesaid shall come into such Court and take his or their Oath in these words I do swear that I do not hold the taking of an Oath to be unlawful nor refuse to take an Oath on that Account 20. Which Oath the respective Court or Courts aforesaid are hereby Authorized and required forthwith to tender administer and Register before the Entry of the Conviction aforesaid or shall take such Oath before some Justice of the Peace who is hereby Authorized and required to Administer the same to be returned into such Court such Oath so made shall
any house or other place where they shall be informed any such Conventicle as aforesaid is or shall be held as well within Liberties as without and take into their Custody the persons there unlawfully assembled to the intent they may be proceeded against according to this Act. And that the Lieutenants or Deputy-Licutenants or any Commissionated Officer of the Militia or other of his Majesties Forces with such Troops or Companies of Horse and Foot and also the Sheriffs and other Magistrates and Ministers of Justice or any of them jointly or severally within any the Counties or places within this Kingdom of England Dominion of Wales or Town of Barwick upon Tweed with such other assistance made to them respectively under the hand and Seal of any one Justice of Peace or chief Magistrate of his particular information or knowledg of such unlawful Meeting or Conventicle held or to be held in their respective Counties or places and that he with such assistance as he can get together is not able to suppress and dissolve the same shall and may and are hereby required and enjoyned to repair unto the place where they are so held or to be held and by the best means they can to dissolve dissipate or prevent all such unlawful Meetings and take into their Custody such and so many of the said persons so unlawfully assembled as they shall think fit to the intent they may be proceeded against according to this Act. 10. Provided always That no dwelling House of any Peer of this Realm where he or his wife shall then be resident shall be searched by Virtue of this Act but by immediate warrant from his Majessiy under his sign Manual or in the presence of the Lieutenant or one Deputy-Lieutenant or two Justices of the Peace whereof one to be of the Quorum of the same County or Riding 11. And be it further Enacted by the Authority aforesaid That if any Constable Headborough Tythingman Church-wardon or Overfeer of the Poor who shall know â—r be credibly informed of any such Meetings or Conventicles held within his Precincts Parishes or Limits and shall not give information thereof to some Justice of the Peace or the chief Magistrate and endeavour the Conviction of the parties according to his Duty but such Constable Headborough Tythingman Churchwarden Overseers of the Poor or any person lawfully called in aid of the Constable Headborough or Tything-man shall wilfully and wittingly omit the performance of his duty in the execution of this Act and be thereof convicted in manner aforesaid he shall forfeit for every such offence the sum of 5 l. to be levied upon his Goods and Chattels and disposed in manner aforesaid And that if any Justice of the Peace or chief Magistrate shall wilfully and wittingly omit the performance of his duty in the execution of this Act he shall forfeit the sum of 100 l. the one moiety to the use of the Informer to be recovered by Action Suit Bill or Plaint in any of his Majesties Courts at Westminster wherein no Essoin Protection or Wager of Law shall lie 12 And be it further Enacted by the Authority aforesaid That if any person be at any time sued for putting in execution any of the Power contained in this Act otherwise than upon Appeal allowed by this Act such person shall and may plead the general issue and give the special matter in Evidence and if the Plaintiff be Nonsuit or a Vordict pass for the Defendant or if the Plaintiff discontinue his Action or if upon demur Judgment be given for the Desendant every such Desendant shall have his full treble Costs 13. And be it further Enacted by the Authority aforesaid That this Act and all clauses therein contained shall be construed most largely and beneficially for the suppressing of Conventicles and for the justification and encouragement of all persons to be employed in the execution thereof and that no Record Warrant or Mittimus to be made by vertue of this Act or any proceedings thereupon shall be reversed avoided or any way impeached by reason of any default in form And in case any person offending against this Act shall be an Inhabitant in any other County or Corporation or flie into any other County or Corporation after the offence committed the Justice of Peace or chief Magistrate before whom he shall be convicted as aforesaid shall certifie the same under his hand and seal to any Justice of Peace or chief Magistrate of such County or Corporation wherein the said person or persons are Inhabitants or are fled into which said Justice or chief Magistrate respectively is hereby authorized and required to levy the penalty or penalties in this Act mentioned upon the Goods and Chattels of such person or persons as fully as the said other Justice of Peace might have done in case he or they had been Inhabitants in the place wlfere the offence was committed 14. Provided also That no person shall be punished for any offence against this Act unless such offender be profecuted for the same within three months after the offence committed and that no person who shall be punished for any offence by vertue of this Act shall be punished for the same offence by vertue of any other Act or Law whatsoever 15. Provided and be it further Enacted by the Authority aforesaid That every Alderman of London for the time being within the City of London and the Liberties thereof shall have and they and every of them are hereby impowered and required to execute the fame power and authority within London and the Liberties thereof for the examining convicting and punishing of all offences within this Act committed within London and the Liberties thereof which any Justice of Peace hath by this Act in any County of England and shall be subject to the same penalties and punishments for not doing that which by this Act is directed to be done by any Justice of Peace in any County of England 16. Provided and be it Enacted by the Authority aforesaid That if the person offending and convicted as aforesaid be a Feme-Covert cohabiting with her Husband the penalty of 5 s. or 10 s. so as aforesaid incurred shall be levied by Warrant as aforesaid upon the Goods and Chattels of the Husband of such Feme-Covert 17. Provided also That no Peer of this Realm shall be attached or imprisoned by vertue or force of this Act any thing matter or clause therein to the contrary notwithstanding 18. Provided also That neither this Act nor any thing therein contained shall extend to invalidate or avoid his Majesties Supremacy in Ecclesiastical affairs but that his Majesty and his Heirs and Successors may from time to time and at all times hereafter exercise and enjoy all Powers and Authority in Ecclesiastical affairs as fully and as amply as himself or any of his Predecessors have or might have done the same any thing in this Act
presume to ascend the Pulpit with ex tempore Raptures For confirmation then that there is no need of using of Form and Order so the matter be the same there are many of the Disciples Prayers recorded in Scripture and there is no question to be made but that they were acceptable to God and yet we do not read they used the absolute Form prescribed by our Saviour but expressed themselves in other words though altogether agreeing for matter Upon the whole suppose this Question should be put Whether the Apostles did use any other Form than that which was taught them by Christ There is no doubt but the Answer will be They did not Put then this Question to the Informer Did the Dissenters use any other Prayers than what were agreeable to the Church of England In the first place 't is ten thousand to one whether he be a Competent judge If he be not he stakes his Conscience at a dreadful hazard for it behoves him to Swear positively in the Affirmative or else in justice his Information and all his hopes of Gain are lost And thus by a rigid Prosecution of uncharitable severity a necessitous and greedy wretch is brought to this tempting Dilemma either to Perjure himself or lose his Expectation Again The Liturgy it self is not always read altogether but on some days more on some days less The Dissenters perhaps use least of all yet they use some for they read the Reading Psalms A first and second Lesson and afterwards make use of Singing Psalms So then it being apparent that the degree of Comparison does not annihilate the subject of the Comparison it may be presumed that the Dissenters are present at their Conventicles positively according to the Liturgy of the Church of England Which things not being considered how uncharitably do they fall under the censure of Lavish and Inveterate Pulpits In the last place though it would be very unreasonable to disallow what has been already said yet should it be contradicted the next words or the practise of the Church will certainly give relief For it is the practice of the Church of England to Read and Sing the Psalms of David to read the first and second Lesson and so do the Dissenters many of them also militate under the same Ordination And if there be any that do not 't is presumed they might soon be better advised the refusal deserving reproof if they may be admitted being certainly to be look'd upon as an obstinate piece of weakness But which is more as to the Harmony of practice they use the same Sacraments though perhaps with some small difference in the Form and Ceremony of Administration which one would think might be easily reconciled without all this Combustion There is one thing more to be considered upon the account of Moral Equity That though the Act of Vniformity made in this His Majesties Raign it is here expresly declared That no other Form or Ceremony shall be used but what is prescribed in that Act or in the Book of Common Prayer Yet both by the Act and the Book it plainly appears that the Prosecutors of the Dissenters make no scruple to dissent from what is there Enacted while they use several Ceremonies that are not there and omit much of what is there as their going up and bowing to the Altar and reading second Service there Their coming out of the Pulpit and reading Part of the Communion Service in their Desks or at the Altar again and giving no Blessing at all in Pulpit Their setting the Communion Table Altar-wise Richly adorned at the East end of the Church whereas it ought to be placed either in the Body of the Church or in some convenient place Covered with a clean Linnen-Cloath Their Turning their Faces all of a Sudden to the East and bowing to the Name of Jesus and not at the Name of God or Christ These Dispensations argue an apparent Non-Conformity or Over-Conformity the same thing in strickness and partiality one among another So that it seems a Transgression not only against Charity but against Common Justice to prosecute those that do no more than only Non-Conform to those very Ceremonies which they themselves regard less of a publick Statute either neglect or over act at their own will and pleasure And for a further confirmation of the Nonconformity of our most Regular so pretending themselves Conformists point blank even against the very Law of the Land let them that please but consider how many there are that dispence with Non-Residence and Pluralities to the deteriment of many deserving persons that want and positively against the Statute of the 21 of H. 8. and yet no question but they would think it hard measure to be prosecuted upon that Law So Partial is a man to forgive those failings in himself which he Prosecutes in others However because all the meekness of Perswasion and Argument will not stop the Career of some mens Impetuosity in the Prosecution of this Act it will not be from the purpose to cast an Eye upon the Executive part of the Statute In order to which the most considerable Instructions are couched in the first and eleventh Section The Instructions of the first Section run thus That it shall and may be lawful to and for any one or more Iustices of the Peace within the limits c. Where such Offence shall be committed or for the Chief Magistrate of the Place or Corporation and upon proof of such Offence either by the Confession or Oath of two Witnesses or by Notorious Evidence and Circumstance of the Fact to make a Record under their Hands and Seals which Record shall to all intents c. be taken to be a full Conviction that thereupon the said Justices c. shall impose the sum of c. From which words it is clear that by this clause no power is given to any Magistrate to make out any general Warrant upon this Act till after Conviction by two Witnesses or Confession of the Offender Neither has any Constable to do with any such general Warrant in reference to this Act unless the Warrant grounded upon such a Record as is mention'd in the Act upon confession or proof and conviction of the Party by two Witnesses be given into his hands Whence arises this Question Whether any Constable or Head-borough that acts in relation to this Statute by vertue of a Power not Authorized by the literal words of the Law do not act at his own peril 2. Whether he shall incur any penalty for not doing that which the Law requires not at his Hands For by this part of the Law it is required only that the Witnesses should be the Informers But by general Warrants the Constables c. are compelled to turn Informers themselves and to find themselves work to accuse their Neighbours on purpose to find themselves yet more work to disturb and distrain upon their Goods and Persons A duty which the literal sense
Parliament That if any Person or Persons that shall at any time hereafter offend against this Act shall before he or they be so warned or required to make abjuration according to the Tenour of this Act repair to some Parish Church on some Sunday or other Festival day and then and there hear Divine Service and at the Service time before the Sermon or reading of the Gospel make Publick and open Submission and Declaration of his and their Conformity to her Majesties Laws and Statutes as hereafter in this Act is declared and appointed that then the same offender shall thereupon be clearly discharged of and from all and every the Penalties and Punishments inflicted or imposed by this Act for any of the Offences aforesaid The same Submission to be made as hereafter followeth That is to say I. A. B. Do humbly confess and acknowledg that I have greivously offended God in contemning her Majesties Godly and lawful Government and Authority by absenting my self from Church and from hearing Divine Service contrary to the Godly Laws and Statutes of this Realm and in using and frequenting disordered and unlawful Conventicles and Assemblies under pretence and colour of exercise of Religion And I am heartily Sorry for the same and do acknowledg and testifie in my Conscience that no other Person hath or ought to have any Power or Authority over her Majesty And I do Promise and protest without any dissimulation or any colour or means of any dispensation that from henceforth I will from time to time obey and perform her Majesties Laws and Statutes in repairing to the Church and hearing Divine Service and do mine uttermost endeavour to maintain and defend the same And that every Minister or Curate of every Parish where such Submission and Declaration of Conformity shall hereafter be so made by any such Offender as aforesaid shall presently enter the same into a Book to be kept in every Parish for that purpose and within ten days next following shall certifie the same in Writing to the Bishop of the said Diocess Provided nevertheless that if any such Offender after such Submission made as is aforesaid shall afterwards fall into Relapse or eftsoons obstinately refuse to repair to some Church Chappel or usual place of Common Prayer to hear Divine Service and shall forbear the same as aforesaid or shall come and be present at any such Assemblies Conventicles and meetings under colour or pretence of any Exercise of Religion contrary to her Majesties Laws and Statutes That then every such Offender shall lose all such benefit as he or she might otherwise by vertue of this Act have or enjoy by reason of their said Submission and shall thereupon stand and remain in such plight condition and degree to all intents as though such Submission had never been made And for that every Person having House and Family is in duty bounden to have special regard of the good Government and ordering of the same Be it enacted by the Authority aforesaid that if any Person or Persons shall at any time hereafter relieve maintain retain or keep in his or their House or otherwise any person which shall obstinately refuse to come to some Church Chappel or usual place of Common Prayer to hear Divine Service and shall forbear the same by the space of a Month together contrary to the Laws and Statutes of this Realm that then every Person which shall so relieve maintain retain or keep any such Person offending as aforesaid after notice thereof to him or them given by the Ordinary of the Diocess or any Justices of the Assizes of the Circuit or any Justice of Peace of the County or the Minister Curate or Church-wardens of the Parish where such person shall then be or by any of them shall forfeit to the Queens Majesty for every person so relieved maintained retained or kept after such notice as aforesaid Ten Pounds for every Month that he or they shall so relieve maintain retain or keep any such person so offending Provided nevertheless that this Act shall not in any wise extend to Punish or impeach any Person or Persons for relieving maintaining or keeping his or their Wive Father Mother Child or Children Wardes Brother or Sister or his Wives Father or Mother not having any certain place of Habitation of their own or the Husbands or Wives of any of them or for relieving maintaining or keeping any such person as shall be Committed by Authority to the Custody of any by whom they shall be so relieved maintained or kept any thing in this Act contained to the contrary notwithstanding And for the more speedy levying and recovering for and by the Queens Majesty of all and Singular the Pains Duties Forfeitures and Payments which at any time hereafter shall accrue grow or be payable by vertue of this Act or of the Statutes made in the 23th year of her Majesties Reign concerning Recusants Be it Enacted by the Authority aforesaid that all and every the said Pains Duties Forefeitures and Payments shall and may be recovered and levied to her Majesties use by Action of Debt Bill Plaint Information or otherwise in any of the Courts commonly called Kings Bench Common Pleas or Exchequer in such sort and in all respects as by the ordinary Course of the Common Laws of this Realm any other Debt due by any such Person in any other Case should or may be recovered or levied wherein no essoign Protection or Wager of Law shall be admitted or allowed Provided always that the Third Part of the Penalties to be had or received by vertue of this Act shall be imployed and bestowed to such good and charitable uses and in such manner and form as is limitted and appointed in the Statute made in the 28th year of her Majesties Reign touching Recusants Provided also that no Popish Recusant or Feme-covert shall be compelled or bound to abjure by vertue of this Act. Provided also that every person that shall Abjure by force of this Act or refuse to Abjure being thereunto required as aforesaid shall forfeit and lose to her Majesty all his Goods and Chattels forever and shall further lose all his Lands Tenements and Hereditaments for and during the life of such offender and no longer And that the Wife of any offender by force of this Act shall not lose her Dower Nor that any Corruption of Blood shall grow or be by reason of any offence mentioned in this Act But that the heir of every such offender by force of this Act shall and may after the Death of every offender have and enjoy the Lands Tenements and Hereditaments of such offender as if this Act had not been made And this Act to continue no longer than the end of the next Session of Parliament Anno 39 Eliz. cap. 18. An Act for the reviving continuance explanation perfecting and repealing of divers Statutes And amongst others it is there thus expressed viz. ANd wherein the Parliament holden at Westminster
Dissolve this Parliament which had not any Session and if it be a Session then he had no power to Dissolve it and then it is as it were a recess and a Parliament cannot be discontinued or dissolved but by matter of Record and that by the King alone and if the Parliament yet continue then this Statute also continue during the Parliament by the Proviso but that would not serve For first it is against the intent of the King and against his Proclamation And also the Case is truly put in the Commission as to the matter in Fact and he is not misinformed but mistaken in the Law and then the Commission for the Dissolving is good semblable to the Lord Chandois Case and other Cases vide in Cholmley's Case but because that all the Judges were not at this Conference therefore it was deferred until the next term and in the interim the Grand Secretary and the Attorney General were to inform the King that the Statute is obscure and had not been put in ure and that we could not agree si divers Sessions sont in vn mesme Parlement le Roy ne signe bille tanque al darren la tout nest que un mesme jour tent avera relation al primer jour del primer Session le primer jour le darren jour nest que un mesme Parlement un mesme jour in ley nisi special mention soit fait in Pact quant ceo prendra force mes chescun Session in que le Roy signe les Billes est un jour a per lui un Parlement a per luy navera auter relation mes a mesme le Session quod not a diversitatem 33. H. 8. Bro. Tit. Parl. Fol. 119. b. num 86. That is in English if there be divers Sessions in one and the same Parliament and the King Signeth no Bill until the last day there all is but one and the same day and all shall have relation to the first day of the first Session and the first day and the last day is but one and the same Parliament and one and the same day in Law unless there be special mention made in the Act when that shall take its force but every Session wherein the King Signeth any Bills is a day by it self and a Parliament by it self and shall have no other relation but to the same Session wherein note the diversity 33. H. 8. When a Parliament is called and doth sit and is Dissolved without any Act of Parliament passed or Judgment given it is no Session of Parliament but a Convention Coke 4. Inst fo 28. vide also 2. Bulstr fo 237. In Hobart's Rep. p. 78. It is St. John's Case there was an Action brought on the Statute 21. H. 6. for not returning one Burgess c. And there it is said the Parliament was as none because there was no Act nor Record of it And in p. 111. Hobart says the 12 Jacobi which if you be judged by the Journal was a large and well occupied Parliament because no Act Passed nor Record is of it was resolved by all the Judges to be no Parliament And now we are come to the Parliament begun and holden at Westminster the 19 of February in the 21 Year of King James which was there continued until the 29 day of May following and then Prorogued to the second day of November Anno 1624. and there in the 28 Chapter is an Act Intituled An Act for continuing and reviving of divers Statutes and Repeal of divers others wherein are these words viz. And so much of one Act made in the 35 Year of the Reign of the said late Q. Elizabeth Intituled An Act to retain the Queens Majesties Subjects in their due Obedience as hath not been sithence Repealed by any other Statute and the other 57 Statutes which are there mentioned shall by vertue of this Act be judged 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 Well in the next Parliament begun and holden at Westminster the 18 day of June Anno 1625. in the first Year of King Charlis the I. and there continued until the 11th day of July following and then Adjourned until the first day of August following unto Oxford several Acts Passed and by a special Bill then Past It was Enacted as followeth it is the 7th Chapter in Keeble 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 and if this Session shall determine by Dissolution of this present Parliament then all the Acts aforesaid shall be continued until the end of the first Session of the next Parliament At the next Parliament begun and holden at Westminster the 17th day of March Anno 1627. in the 3d Year of King Charles the I. there is an Act in the Fourth Chapter Intituled An Act for repeal and continuance of divers Statutes among which in the 21 Section this 35 Eliz. is mentioned thus viz. And so much of one Act made in tho 35 Year of the Reign of the late Q. Eliz. Intituled an Act to retain the Queens Majesties Subjects in their due Obedience as hath not been since Repealed by any other Statute and in the 22d Section it Enacts that this 35 of Eliz by vertue of this Act shall be and continue until the end of the first Session of the next Parliament holden in the first Year of the Reign of our Sovereign Lord the King that now is From that 3d Year unto the 16 there is no mention made as the Observer has truly Remark'd of any thing relating to the 35. Eliz. But in the 16 at the Parliament begun at Westminster the 3d day of November Anno 1640. c. 4. it is Enacted as followeth viz. And be it Enacted by the Authority aforesaid that the Passing of this present Act or of 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 3d Year of the Reign of His Majestie that now is Intituled An Act for the Continuance and Repeal of divers Statutes continued until the end of the first Session of the then next Parliament shall by virtue of this Act be adjudged ever since the Session of Parliament in the said Third Year to have been of such force and effect as the same were the last day of that Session and from thenceforth until some other Act