Glimpses of Christian History Presents Pastwords #105: Eirenarcha or the Dutie of Church Ministers by William Lambard [before the separation of church and state] ©2007

Printed in 1610 in London. William Lambard is described as a gent of Lincoln's Inn.

he later Lawes having imployment of many to make, hath borrowed some use, in a few easie matters, of spirituall Ministers, chiefly for the helpe and readinesse of their pen, which in many Parishes few, or none (besides they) can serve withall.

The Minister (or Curate) of the Parish ought to Register the Testimoniall that is made to a servant to appeare at the end of his Terme, and he is to take two pence therefore, and not above.

He also is to assist the Borsholder [head of a borough], or Tythingman [a district officer who settled lesser disputes], in appointing a Rogue to be whipped, and must Register (in a booke for that purpose) the Testimoniall that such Rogue ought to have after whipping, upon paine to loose ___ for every default.

He may give License to a sicke person (during the sicknesse onely,) to Eate flesh upon dayes prohibited, and must (for iiij. pence) Register the same in the Church booke, if the sicknesse continue above eight dayes after the Licence. But see the Statute I. Iacobi cap. 29. That no Licence granted to any Sicke person by force of the Statute 5. Eliz. cap. 5. shall be any sufficient warrant to such person to Eate any Beefe, Veale, Porke, Mutton, or Bacon, in Lent, or upon any day now observed as a Fish-day , but that the said sicke person for dressing or eating such Beefe, etc. shall incurre the danger and penaltie comprised in the said Statute of 5. Eliz. cap. 5.

The Minister or Curate of the Parish, may require any person within 3. Moneths after his Conviction upon the Statute 35. Eliz. cap. I. to make publike Confession and submission in the service time of a Sunday or Festival day. And he that shall (after notice to him given by the Minister, or Curate, or Churchwardens) maintaine, or retaine, in his house, or otherwise, any person obstinately refusing to come to Church, shall loose ___ for every such person, for every Moneth so maintained, or retained.

The Minister, or Curate of the Parish, and the Constable, Headborow, or Tithingman, of the Towne, to which any Popish Recusant [Roman Catholic refusing to submit to the Church of England] is sent, shall (upon notice thereof by himselfe) enter the same into a booke to bee kept in every Parish for that purpose: and shall certifie the same to the next Quarter Session of the Peace in that Countie.

Every Minister after Morning praier or preaching is alwayes upon the first day of November, to read publiquely, distinctly, and plainly the Statute made in the third yeare of the raigne of our most gratious Soveraigne King James, for publique thanksgiving to Almighty God every yeare on the same day, for his deliverance of the King and State from the Powder-Treason.

See before in constables, &c. Art. 25. his hand to be set to the accompt [account] of Constables and Tithingmen, of Rogues taken and punished by them.

See also in Constables, &c. Art. 58. the dutie of the Parson, or vicar, in binding out of Apprentices, and in imploying or Money given to that use.

The dutie of Churchwardens.

Whilest I passed thorow some of the Statutes before, concerning the offices of Constable and Borsholder, I found them mingled with divers duties pertaining to the Churchwardens of Parishes: the Surveiors of the Highwayes: the Distributors of the provision for the destruction of vermine, and Overseers of the Poore: whereby I was also moved to adde somewhat of these Offices, the rather because I was perswaded, that with that little more of labour, I might doe a great deale more of good, seeing that thereby the plaine countryman should (after a sort) bee furnished with all maner of understanding (in the Temporall Law) needfull for the exercise of any of those Offices that may lightly fall upon him.

First therefore, I will speake of the churchwardens Office, but that so farre forth only, as the common Lawes of the Realme do leade mee, knowing that such other parts of that office as do rest upon the Lawes Ecclesiastical, bee from time to time sufficiently both taught and called upon, by those that have the execution of the same.

All persons inhabiting within the Kings Majesties dominion, shall diligently and faithfully (having no lawfull or reasonable excuse to bee absent) indevor themselves to resort to their Parish Church or Chappel accustomed, or (upon reasonable let therof) to some usual place where common prayer and such service of God (as is contained in the booke of common prayer) shall be used in such time of let, upon every Sunday and other dayes ordained and used to be kept as holy daies: and then and there to abide orderly and soberly, during the time of the common prayer, preachings, and other service of God, there to be used and ministered, upon paine of punishment by the Censures of the Church, and also upon paine that every person so offending shall forfeit for every such offense __ to be levied by the Churchwardens of the parish where such offence shall be done to the use of the poore of the same parish, of the goods, lands, and tenements of such offendors, by way of distresse [court-ordered compulsion to pay a debt].

The Constables and Churchwardens of every Parish shall yearely upon the Tuesday or Wednesday in Easter weeke call together a number of the Parishieners, and shall then elect and chuse two honest persons of the Parish to bee Surveyors and orderers of the workes for one yeare, for amendment of the Highwaies in their parish, leading to any Market towne: which persons shall take upon them the execution of their said offices, upon pain, every of them making default, to forfeit xx. s. And the said Constables and Churchwardens shall then also name and appoint sixe daies for the amendment of the said Highwaies before Midsummer then next following: and shall openly in the Church the next Sunday after Easter give knowledge of the same sixe dayes. And they also ought to have one part of the Estreats [money from fines] indented [contracted], and shal call the Constables to account &c. as it doth appeare before in the 30. Article of the Constables office.

And see in the 4. article of the dutie of the Minister, that the Churchwardens may give notice to such as maintaine, or retaine in house, or otherwise, any person that obstinately refuseth to come to the Church.

If any person within this Realm, shall (without lawfull licence) eate any Flesh upon any daies now usually observed as Fish-daies, he shall forf. 3. Pounds for every such offence, or else suffer 3 Moneths imprisonment. And every person within whose house any such offence shall be done, and being privie or knowing therof, and not effectually disclosing the same to some publike Officer, having authoritie to punish the same, shall for every offence forfeit 40. s. The third part of all which forfeitures shall be to the use of the Parish wherein the offence shall be, and to be levied by the Churchwardens after any conviction in the behalfe.

The Licence for eating of Flesh, to be given to any person for notorious sicknesse, by the Bishop of the Diocesse, or by the Parson, Vicar, or Curate of the Parish, ought to be Registred (if the sicknesse shall continue above eight daies after such Licence granted) in the Church booke, with the knowledge of one of the Churchwardens there: and the partie licenced that give 4. d. to the Curate for the entrie thereof. See before in the duties of Church Ministers Art. 3.

The Churchwardens, and foure, three, or two others of every Parish, appointed by the two Justices of Peace, to be Overseers of the Poore there, (or the more part of them) may by the consent of two Justices, from time to time take order, for setting to worke all persons maried, or unmaried, that have no means, or ordinarie trade to live by, and the children of such parents as shall be thought unable to maintaine them: and may taxe aswell Inhabitants as Occupiers of lands in the Parish to pay weekly, or otherwise, such competent summes of money (as they shall think meet) for a stock of ware and stuff for such poore to worke, and for the necessarie reliefe of the impotent Poore there, and for the putting out of such Children to be Apprentices: and may execute all other things, concerning the premisses, as to them shall seeme convenient.

And they shall meet together once in each Moneth at the least in the Church upon some Sunday in the afternoone, to consider of some good course and meet orders to bee set downe in the premises, and within 4. daies after their yeare ended, and other Overseers nominated, shall yield up to the two Justices of peace, a perfect account of their Money, Stocke, and other things concerning that office, and shall pay the Monies that shall be in their hands, to the new Churchwardens, and Overseers, upon paine to loose 20 shillings for every such Monethly absence, (without cause, to be allowed by the two Justices) and for every negligence in the execution of the said office, or orders made by assent of the two Justices, as aforesaid.

And the said Churchwardens and Overseers, (or any of them) by warrant from two such Justices, may levie such taxations by distresse and sale of the offendors goods, as also the money behind upon any such account, rendring the Overplus to the partie: and they (with the leave of the Lord of a Common, or Wast [?], in writing) may erect there convenient habitations, and place Inmates therein, at the generall charges of the parish, &c. When the stock of the shire, is affected by the Justices of peace in their Quartersession upon every Parish: the same shall be yearely rated within the parish by agreement of all the parishioners, or in default thereof by the Churchwardens and constables of the parish, or the more part of them, who may levie the same by distresse and sale of the goods of such as refuse to pay their portion therof, and shall render the Overplus thereof to the owner; and the Churchwardens must ratably pay over to the high Constable, in whose limit the parish is scituate tenne daies before the end of every Quartersessions, such money as for that parish they ought to pay for the relife of the prisoners in the Marshalsey and Kings Bench, upon forfaiture of ___ for every default of such payment.

In every Parish, the Churchwardens, with sixe other Parishioners (to be required by the Churchwardens) shall yearely in one of the holy daies in Easter weeke, and at every other time when it shall be needful, taxe and assesse every person having the possession of any lands or Tithes within that parish, to pay such summes of money as they shall thinke meet, according to the quantitie of such their lands or tithes. And if any such person do deny to pay the same, or do not pay the same (within 14 daies next after request thereof made by the Churchwardens, or one of them) then such person shall forfait for every time ____ which (together with the summe affected) that be levied by distresse, of the goods and cattels of such person, to bee taken by the Churchwardens, or one of them, the same distresse to be ordered and used, as distresses taken for amerciaments [monetary punishment, similar to a fine] in any Leets [court session]. And aswel the said sums as penalties, (if any of them be so levied,) shall be yearely by the Churchwardens, or one of them for the time being, delivered by Bils indented, to two honest and substantiall persons of the parish which shall be elected and appointed by the Churchwardens, and shall be named, The distributers of the provision for the destruction of noisome foule and vermine. And if the said Churchwardens, persons, or distributers, or any of them, shall refuse, or make default in the execution of any part of this act, contrarie to the forme therof, then such offenders shall forfait for every default ____ the one monity to the King, the other to him or them (using tillage yearely within the same shire) that will sue therefore in any Court of Record.

The money assessed at the Quarter Session by the Justices of peace upon every Parish for the reliefe of disabled souldiours, may be rated (in default of agreement of the parishioners amongst themselves) by the Churchwardens and Constables of the Parish, or the more part of them: and they may levie such Rates by distresse and sale of the goods of such as refuse to pay their rates, rendring to the owner the overplus coming of such sale: and the Churchwardens must collect and pay over to the high Constable in whose division such parish is, every such sum ten daies before every quarter Session of the peace, under the pain of ____ for every default thereof.

For the rest of the office of the Churchwardens, concerning this matter see afterward in the dutie of the distributers. See also in Constables article 26. for the gaole money, to be levied by churchwardens.

The Constables and Churchwardens omitting their dutie in levying the penalties of Inne-keepers &c. suffering any to remaine tipling [overindulging in strong drink] in their houses, or selling Ale and Beere, otherwise then by the Stat. is appointed: Or neglecting by 20. daies to certifie the default of distresse, in Offendors against this Act, doe thereby forfeit for every such default 40. S. to the poore. Whereof see before in Constables &c. 53.

If any shall have or keep any greyhound for coursing of deere or hare, or setting dogge or dogs, or net or nets, to take Phesants, or Partridges contrary to this statute I. Iac. Cap. 27. the churchwardens where the offence shall be committed, or the partie apprehended, are, in cases therin mentioned, to receive to the use of the poore of the parish, 40. S.

The Churchwardens and Constables, of every Towne, Parish or Chappell, or some one of them, are yerely to present at the Quarter Sessions the monthly absence from church of Popish Recusants; and their children above nine yeres old, and their age if they can; and the names of their servants, upon paine of 20.s. And if such Recusant upon that presentment be indicted and convicted they are to have a reward of 40 s. of such Recusants goods. See in Constables &c. 56.

The Churchwarden may by warrant from one Justice of peace, levie, to the use of the poore, by distresse and sale of the offendors goods, rendring the overplus to such offendor, 12.d. for every default in not repairing to Church everie Sunday according to the Statute of I. Eliz. c.2. See before Article 5.

Where an Offendor committed to prison, hath not goods sufficient to defray the charge of conducting him thither, the Constables and Churchwardens, and 2 or 3 or the parishioners may make an indifferent taxe for the same: Whereof see before in Constables 24.

Ecclesiastical causes.

If any person have (within this halfe yeare) by writing, printing, teaching, preaching, expresse deede or act, advisedly, maliciously, and directly affirmed, holden, set forth, or defended, the authoritie, preheminence, power, or jurisdiction Spiritual or Ecclesiastical, of any foraigne prince or person whatsoever heretofore claimed, used, or usurped in this realme, or any the Kings dominions, or have advisedly maliciously, and directly, put in use or executed any thing for the extolling, setting forth, or defence of any such pretended or usurped jurisdiction, preheminence, or authoritie, or any part thereof. Or if any person (compellable to take the oath of Recognition of the Kings Majestie to bee supreme Governour in all causes within his dominions) have refused to take the said oath, after lawfull tender thereof to him made, I Eliz. cap. I. 5. Eliz. cap. I. enquirable by words or 23 Eliz. cap. I.

If any person, under the Kings obedience, have at any time (within this yeare) by writing, cyphering, printing, preaching, or Act, advisedly holden, or stood with, to extoll, or defend the power of the Bishop of Rome, or of his See heretofore claimed or usurped within this Realme: or by any speech, open indeed, or act, advisedly attributed any such maner of authoritie to the said See of Rome, or to the Bishop thereof, within any the Kings dominions, yee shall present him, his abbettors, procurers, counsellors, aiders, and comforters, 5 Eliz. ca. I.

If any person have by any meanes practiced to absolve, perswade, or withdrawe any other within the Kings dominions from their naturall obedience, or (for that intent) from the religion now established here, to the Romish religion, or to move them to promise obedience to the See of Rome, or other estate: Or if any person have bin willingly so absolved, or withdrawne, or have promised such obedience.

And if any person have willingly aided or maintained any such offendor, or knowing such offence have concealed it, and not within xx. dayes disclosed it so some Justice of Peace, or other higher officer, 23 Eliz. ca. I.

If any subject of this Realme have after the tenth day of June in the yeere of our Lord God 1606. gone out of this Realme to serve any forraine Prince, State, or Potentate, or have after the saide tenth day passed over the Seas, and there hath voluntarily served any such forraine Prince, &c. not having taken the oath expressed 3. ia. ca. before the Customer [customs house officer] and Controller of that port, haven, or creeke where he had passage.

If any gentleman or person of higher degree or any person which hath borne any Office or place of Captaine, Lieutenant, or any other place, charge, or office in Campe, Armie, or Company of Souldiers, or Conductor or Souldiers, have after gone voluntarily out of this Realme to serve any forraine Prince, State, or Potentate, or have voluntarily served any such Prince, &c. before he became bound by Obligation with two sufficient sureties unto the King, his heires or Successors according to this Act, 3. Iac. cap. 4.

If any person have said (I.) or sung Masse: or have willingly (2.) heard Masse, 23 Eliz. cap. I.

If any person have used, or put in use, any Bull, writing, or instrument of absolution or reconciliation, or of other sort, gotten from the Bishop of Rome, or See of Rome, or from any person claiming authoritie from the same: Or have by colour of any such taken upon him to absolve, or reconcile any person: or have published any such bull or instrument: Or if any person have received such absolution, or have procured, abetted, or counselled any such Offendour, to the intent to uphold such offence.

If any person have (after such offence) aided, comforted, or maintained such offendor, to the intent to uphold the authoritie of the said See of Rome.

If any person (to whom such Bull or Instrument hath been offered or perswaded) have not within sixe weeks next after signified the same to some of the Kings privie Counsell, or to the Kings privie Counsell, or to the L. President of the North, or of Wales.

If any person have brought hither from the Bishop or See of Rome, or from any person authorised, or claiming to be authorised by any of them, any Agnus Dei, crosses, pictures, beads, graines, or such like superstitious things, and have the same delivered, or caused, or offered to be delivered to any the Kings subjects to use or weare in any wise: and if any person have to such intent received or taken the same, and have not apprehended the Offerer thereof, nor within three dayes after disclosed him to the Ordinarie [civil judge], or to some Justice of the Peace, nor within one day delivered the thing to some Justice of the Peace, 13. Eliz. cap. 2.23.Eli.cap. I.

If any person (being at libertie or out of hold) have (since the eight day of May, in the 27 yere of the raigne of the late Queene Elizabeth) wittingly and willingly, received, aided, or maintained within any part of his Highnes dominions, any Jesuite, Seminarie priest, or such other priest, deacon, or religious, or ecclesiastical person, being born within this realm, or any his Highnesse dominions, and (at any time since Midsomer in ye first yeare of the said late Queene Elizabeths raigne) made, ordained, or professed by any authoritie derived, chalenged, or pretended from the See of Rome, knowing him to be a Jesuit, Seminarie priest, or other such priest, deacon, or religious, or ecclesiastical person, 27. Eli. cap. 2.

If any person have used Invocation, or Conjuration of any evill spirit, or have consulted, covenanted with, enterteyned, imployed, fed, or rewarded any evill spirit for any intent, Or have taken up any dead man, woman, or child, or any part of any dead person to be used in any maner of witchcraft, sorcerie, charme, or inchantment, Or have used Witchcraft, Incantation, Charme, or Sorcerie, whereby any person hath bin killed, destroyed, wasted, consumed, pined, or lamed in his body or any part thereof.

If any person have undertaken by Witchcraft, Inchantment, Charme, or Sorcerie, to tell in what place any treasure of Gold or silver might be found, Or where goods lost or stollen should be become, Or to the intent to provoke any person to unlawful love, or to destroy, or impaire any persons goods, or to hurt any person on body, although the same were not effected, I. Iac. cap. 12.

If any person have within these sixe Monethes advisedly advanced, published, and set forth by writing, printing, open speech, Or deede, or any other person, any fantastical or false prophecie, upon armes, fields, beasts, or badges, or upon any time, name, bloodshed, or warre, to make thereby rebellion, dissention, losse of life, or other disturbance within the Kings Dominions, 5. Eli. cap. 15.

If any person have unlawfully procured any other to commit willfully corrupt perjurie, in any cause depending in suit in any of the Kings Courts of Recorde, or in any Leete, Court Baron, hundred, or Court of ancient demesne [lands? Or crown-lands?]: Or have corruptly suborned any witnesses sworne to testifie in perpetuam rei memoriam: or if any person have upon such procurement, or by his owne act wilfully committed such Perjurie, 5. El. ca. .9. & 14. El. c. II. I. Ia. c. & 5.

If any person have of purpose, maliciously or contemptuously molested, or by any unlawful meanes misused any preacher lawfully authorised, in any his open Sermon or preaching, in any Church, or other place used, or to be appointed: and who were his aiders, procurers, or abetters, I Ma. c. 3. Learne if this statute do stand for this part.

If any person have (within these 3 months) by contemptuous, or reviling words, or have advisedly in any other wise, depraved, despised, or reviled the blessed Sacrament of the body and blood of Christ, I. Edw. 6. cap. I. & I. Eliza. cap. I.

If any Parson, Vicar, or minister have refused to use the Common prayers, or to Minister the Sacraments according to the Booke of Common prayers: or (willfully standing in the same) have used any other forme in open prayers, or in administration of the Sacramentes, or have spoken anything in derogation of the sayde Booke, or any part thereof: Or if any person have in any play, song, or rime, or by any open word, spoken in derogation of the said booke, or of any thing therein contained: or have caused or maintained any parson, vicar, or minister, to say any common praier, or to minister any Sacrament in other maner, then after the said booke: or have interrupted any Parson, Vicar, or minister to say open praier, or to administer any Sacrament according to ye sayd Booke, I Eliz. cap. 2. & 23. El. cap. I.

If any person (being above the age of xvi. yeres, and not having Lawful and reasonable excuse to be absent) have not repaired and resorted unto his or her parish church or chappell accustomed, or (upon let thereof) to some usuall place where common prayer is to be used, upon every Sunday, and other Holy day: and have not there orderly and soberly abiden, during the time of such common prayer, Preaching, or other service of God: and how long such person hath forborne to repaire and resort, Eliz. cap. 2. & 23. Eliz. cap. I. See 3. Ia. cap. 4.

If any person have willingly maintained, retained, relieved, kept, or harboured any Servant, Sojourner, or straunger not repairing to some Church, Chappell, or usuall place of Common prayre, to heare Divine service, by the space of one Moneth together, not having a reasonable excuse (other than such as harboureth his father or mother not having other sufficient maintenance, or the ward of any such person, or any person committed to the custodie of any by authoritie) or have retained or kept in service, fee, or liverie any not repairing to some Church, as before, by the space of a moneth together, knowing the same, 3. Iac. cap. 4.

If any Popish Recusant convicted having conformed him or her self, have not within the first yere after he or she hath conformed him or herself, and after the said first yere, once in every yeare following at the least, received ye bles Sacrament of the Lords supper in the Parish Church, where he or she have most usually abiden within the said yere, and if there were no such parish church, in ye church next adjoyning. And if he or she having received the said Sacrament as aforesaid, have after eftsoons [immediately] offended in not receiving the same as is aforesaid by the space of a yeare, 3. Iac. cap. 4.

If any Popish recusant, or other Seditious Sectarie, which is by any the statutes (35 El. c. 1. & 2.) to be abjured this Realme and all his Majesties Dominions have either refused to make such Abjuration, or making it, have not gone to such haven within such time, as was to him therfore appointed, and have not from thence departed this Realme: or after such departure have returned into any his Majesties dominions, without his speciall licence, 35. Eliz.c. I. & 2. 1. Iac. c. 25.

If any person have kept or maintained any Schoolmaster which resorteth not to the Church, or is not allowed by the Bishop or ordinary of the Diocesse, 23. El. c. I.

If any person have maliciously stricken any other with any weapon, in Church or Churchyard, or drawen any weapon there to that intent, 5. Ed. 6. c. 4.

If any person have kept faire or market in the Churchyard, Stat. Winton. 13. Edw. I.

If any person have feloniously taken goods out of any Church or Chappell.

Sacraments and Service Divine.

Stat. 50. E. 3. 5. and I. R. 2. 15. None shall arrest Priests, or other Clerks, while they attend Divine Services, in paine of imprisonment, and to be ransomed at the Kings will, so that no collusion or fained cause be found in them.

Stat. I. E. 6. I. None shall speake or do any thing in contempt of the most holy Sacrament, in paine of imprisonment, and to make fine and ransome at the Kings will.

Stat. 2, 3. E. 6. I. Every Minister shall use the Church service in such forme as is mentioned in the Book of Common Prayer, established by this Act, and shall not use any other, or deprave the same, in paine (if he be beneficed [supported], and convict thereof by the verdict of 12. men, his owne confession, or notorious evidence of the fact) to forfeit to the King for the first offence that of his benefices, which the King will choose, and to suffer six months imprisonment; for the second, to suffer one whole yeares imprisonment, and to be deprived ipso facto of all his Spirituall promotions, whereupon every Patron may present; and for the third, to suffer imprisonment during life: And if he be not beneficed, for the first offence he shall suffer six months imprisonment, and for the second, imprisonment during life.

If any shall be convicted to have by enterludes, playes, songs, rhymes, or otherwise depraved the said books, or to have compelled or procured the Minister to sing or say any other Church Service, or in any other forme then as aforesaid; or by any such means to have interrupted or let the Minister to sing or say the said Service, they shall, for the first offence, forfeit x. li. to the King; or (that not paid within six weeks after conviction) shall suffer (in stead therof) three moneths imprisonment without baile: for the second time offending, shall forfeit xx. l. or (that not paid within six weeks, as aforesaid) shall suffer six moneths imprisonment without bail: and for the third time shall forfeit all their goods, and suffer imprisonment during life.

This shall not restrain any private man, or publick Colledges to use the said Service in such tongues as they understand, the holy communion only excepted; or any other to use Psalms or prayers taken out of the Bible at convenient times, not letting thereby the said Service.

Stat. 5. 6. E. 6. 1. Every person shall resort to his Parish Church or Chappel; or (upon just let so to doe) to some other, every Sunday and Holiday, in pain to be punished by the censures of the Church.

The Common prayer book now made perfect and annexed to this Act, together with the addition of consecrating Archbishops, Bishops, Priests and Deacons, shall be used and esteemed as by the Statute of 2, 3. E. 6. 1. is ordained, under the pains in the same Statute expressed.

If any shall be convict by verdict of twelve men, before Justices of Assise, Oyer and Terminer ["Oyer and Terminer": commission of certain judges], or Peace in Sess. to have wittingly heard, or to have been present at any other form of Common prayer, administration of Sacraments, making of Ministers, or other rites then what are expressed in the said book, or which are contrary to the said Statute of 2, & 3. E. 6. I. shall for the first offence suffer six months imprisonment without bail; for the second, twelve months imprisonment; and for the third, imprisonment during life.

Stat. 1. M. Sess. 2. cap. 3. If any shall disturbe a Preacher lawfully licenced, he shall be by the Constables or Churchwardens of the parish brought before a Justice of the Peace, who, upon due accusation, shall presently commit him to safe custody, and within six dayes after, together with another Justice, shall diligently examine the fact; who, if they find cause, shall commit him to the common Gaole, there to remain for three moneths, and from thence to the next quarter Sessions; at which, upon the parties reconciliation, and entring into bond for the good behaviour for one whole yeer (at the discretion of the Justices in Session) he shall be released: but if hee persist still in his obstinacie, he shall remain in prison without bail, untill he shall reconcile, and be penitent for his offence.

Hee that rescues an offender in this kind, shall suffer like imprisonment, as aforesaid; and besides, shall forfeit v. li. to the Queen.

The inhabitants of a towne that suffer such an offender to escape, shall forfeit v. li. being presented before the Justices of Peace is Sess. within the county or Corporation where the escape was made.

Justices of Peace, Assise, and Oyer and Terminer, and Mayors, and head Officers of Corporations, have power to heare and determine these offences, and to impose the fines aforesaid.

This Act shall not restrain the jurisdiction of the Ecclesiasticall lawes. Howbeit, none shall be punished twice for one offence.

Stat. 1. El. 2. Every Minister shall use the Church Service in such forme as is mentioned in the book of Common prayer established by 5, 6. E. 6. 1. together with the addition of certain lessons to be used on every Sunday in the yeer, and the form of the Letany altered and corrected, and two sentences only added in the delivery of the Sacrament to communicants.

If any Minister shall be convicted by the verdict of twelve men, his owne confession, or notorious evidence of the fact, to have refused to use the said Church service; or to have used any other rite, ceremony, order, forme, or manner then is set forth in the said book, or any thing therein contained, he shall forfeit (being a beneficed man) for the first offence, one whole yeers profit of all his spirituall promotions, and suffer six moneths imprisonment: for the second, shall be deprived ipso facto, whereupon every Patron may present; and shall suffer one whole yeeres imprisonment: and for the third, shall be also deprived, as aforesaid, and shall suffer imprisonment during life. And if he be not beneficed, for the first offence he shall suffer one whole yeeres imprisonment; and for the second, imprisonment during life.

If any shall be convicted to have by enterludes, playes, songs, rhymes, or otherwise depraved the said book, or to have compelled or procured the Minister to sing or say any other Church service, or in any other form then as aforesaid: or by any such means to have interrupted or let the Minister to sing or say the said service; they shall for the first offence forfeit 100. Marks to the Queen, or (that not paid within six weeks after conviction) shall suffer (in stead therof) six moneths imprisonment: for the second offence shall forfeit 400 Marks, or (that not paid within six weeks, as aforesaid) shall suffer one whole yeers imprisonment: and for the third offence shall forfeit all their goods and chattels, and suffer imprisonment during life.

Every person shall resort to their parish Church, or (upon let thereof) to some other, every Sunday and Holiday, upon paine to be punished by censures of the church, and also to forfeit xii. d. to be levied by the Churchwardens there, for the use of the poor, upon the offendors goods by way of distresse.

See Recusants, 98. Justices of Oyer and Terminer and of Ass. and Mayors and head Officers of Corporations have power to hear and determine these offences: unto whom the Archbish. or Bishop of the Diocesse may associate himself, if he please. Howbeit, note that by the Stat. of 23. El. 1.

Justices of Peace have also power to meddle therein; which see in Title Recusants, 27.

None shall be impeached by this Act, unlesse the offence be presented at the next Sessions of Oyer and Terminer, or Ass. after it is committed: and here tryall of a Peer shall be by Peers.

This Act shall not restrain Ecclesiasticall jurisdiction. Howbeit, none shall be punished twice for one offence.