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32 HENRY 8, CAP. 20, SEC. 4.-Concerning privileges and franchises. See Title- ABBEYS," vol. i. p. 32.

32 HENRY 8, Cap. 24, Sec. 12.-In an act, intituled an act concerning the possessions of Saint John of Jerusalem, &c.

belonging to

shall be void,

XII. Provided also, and be it enacted, by the authority aforesaid, Sanctuaries that all privileges of sanctuaries heretofore used or claimed in man- Saint John's sion houses and other places commonly called Saint John's hold, of Jerusalem and all other sanctuaries heretofore used in any place within this realm, or in Ireland, which heretofore hath been belonging to any of the said hospitals, shall stand and be utterly void and of none effect, for or concerning any sanctuary, privileges of sanctuary, there to be had or used. The privileges of common churches and churchyards, except applied and used to God's service, and burials of christian people, churchyards. only excepted.

churches and

c. 25, and 21

33 HENRY 8, CAP. 15.-A repeal of so much of the statute of REP.1 Jac.1, 32 Henry 8, cap. 12, as doth assign the town of Manchester to be a Jac. 1, c. 28. place of sanctuary. But instead thereof, the city of Westchester in the county of Chester shall be a place of sanctuary.

1 EDWARD 6, CAP. 12, SECS. 10 & 14.-An act for the repeal of certain statutes concerning treasons and felonies.

ers in these

of their cler

2 & 3 Ed. 6,

2 Haw. P. C.

31.

stealing one

ousted of

clergy, &c.

X. And it is further ordained and enacted by the authority afore- The offendsaid, that no person or persons that heretofore hath been, or at any felonies shall time hereafter shall be, in due form of the laws, attainted or con- be excluded victed of murder of malice prepensed, or of poisoning of malice gy and sancprepensed; or of breaking of any house by day or by night, any tuary by person being then in the same house where the same breaking here- c. 33. tofore hath been or hereafter shall be committed, and heretofore Hob. 29. hath been or hereafter shall be thereby put in fear or dread; or of ch. 33, sect. or for robbing of any person or persons in the highway, or near to the highway; or for felonious stealing of horses, geldings, or mares; or of felonious taking of any goods out of any parish church, or other Persons church or chapel; or being indicted or appealed of any of the same horse are offences, and thereupon found guilty by verdict of twelve men, or shall confess the same upon his or their arraignment, or will not answer directly, according to the laws of this realm, or shall stand wilfully, or of malice mute, shall not be admitted to have or enjoy the privilege or benefit of his clergy or sanctuary, but shall be put from the same: and that in all other cases of felony, other than such Clergy allowas are before mentioned, all and singular person and persons, which other cases after the first day of March next coming shall be arraigned or found of felony. guilty upon his or their arraignment, or shall confess the same, or Sanctuaries stand mute, in form aforesaid, or will not answer directly in form extinct. abovesaid, shall have and enjoy the privilege and benefit of his or their clergy, the liberty and privilege of sanctuary, in like manner and form as he or they might or should have done before the four and twentieth day of April in the first year of the reign of the said late king Henry the eighth.

ed in all

1 Jac. 1, c. 25.

11 Coke 31.

parliament

XIV. And over that be it enacted by the authority aforesaid, that A lord of the in all and every case and cases, where any of the king's majesty's shall have his subjects shall and may, upon his prayer, have the privilege of clergy clergy for the as a clerk convict, that may make purgation; in all those cases and of felony, every of them, and also in all and every case and cases of felony, cannot read,

first offence

though he

burning.

and without wherein the privilege and benefit of clergy is restrained, excepted or taken away by this statute or act, (wilful murder and poisoning of malice prepensed only excepted) the lord and lords of the parliament, and peer and peers of the realm, having place and voice in parliament, shall by virtue of this present act, of common grace, upon his or their request or prayer, alleging that he is a lord or peer of this realm, and claiming the benefit of this act, though he cannot read, without any burning in the hand, loss of inheritance or corruption of his blood, be adjudged, deemed, taken and used for the first time only, to all intents, constructions and purposes, as a clerk convict, and shall be in case of a clerk convict, which may make purgation, without any further or other benefit or privilege of clergy to any such lord or peer from thenceforth at any time after for any cause to be allowed, adjudged or admitted; any law, statute, usage, custom, or any other thing to the contrary in anywise notwithstanding.

2 JAMES 1, CAP. 25, SEC. 34.-An act for continuing and reviving of divers statutes, and for repealing of some others.-See Title-" ABJURATION," vol. i. p. 73.

21 JAMES 1, CAP. 28, SECS. 6 & 7.-An act for continuing and reviving of divers statutes, and for repeal of divers others.-See Title"ABJURATION," vol. i. p. 74.

SPACE LEFT,

FOR REFERENCE, IF NECESSARY,

TO ACTS OF PARLIAMENT PASSED SUBSEQUENT TO A. D. 1845.

SCHISM.

1 ELIZABETH, CAP. 1, SEC. 17.-An act to restore to the crown the ancient jurisdiction over the estate ecclesiastical and spiritual, and abolishing all foreign powers repugnant to the same.-See Title'APPEALS TO THE SEE OF ROME, vol. i. p. 147.

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13 & 14 CHARLES 2, CAP. 33, SECS. 1 & 2.-An act for preventing abuses in printing seditious, treasonable and unlicensed books and pamphlets, and for regulating of printing and printing presses.Whereas the well government and regulating of printers and print- Regulating of printing ing presses is matter of public care, and of great concernment, of great conespecially considering, that by the general licentiousness of the late cernment. times, many evil disposed persons have been encouraged to print and sell heretical, schismatical, blasphemous, seditious and treasonable books, pamphlets and papers, and still do continue such their unlawful and exorbitant practice, to the high dishonour of Almighty God, the endangering the peace of these kingdoms, and raising a disaffection to his most excellent majesty and his government: for prevention whereof, no surer means can be advised, than by reducing and limiting the number of printing presses, and by ordering and settling the said art or mystery of printing by act of parliament, in manner as hereinafter is expressed.

and books

published or

II. The king's most excellent majesty, by and with the consent Pamphlets and advice of the lords spiritual and temporal, and commons in this prohibited to present parliament assembled, doth therefore ordain and enact, and be printed, be it ordained and enacted by the authority aforesaid, that no person sold. or persons whatsoever shall presume to print, or cause to be printed, either within this realm of England, or any other his majesty's dominions, or in the parts beyond the seas, any heretical, seditious, schismatical, or offensive books or pamphlets, wherein any doctrine or opinion shall be asserted or maintained, which is contrary to the christian faith, or the doctrine or discipline of the church of England, or which shall or may tend, or be to the scandal of religion, or the church, or the government or governors of the church, state or commonwealth, or of any corporation or particular person or persons whatsoever; nor shall import, publish, sell or disperse any such book or books, or pamphlets, nor shall cause or procure any such to be published or put to sale, or to be bound, stitched, or sewed together.

29 CHARLES 2, CAP. 9, SEC. 2.-An act for taking away the writ de heretico comburendo.-See Title-"WRITS."

c. 4.

12 ANNE, STAT. 2, CAP. 7.-An act to prevent the growth of schism, and for the further security of the churches of England and Ireland, as by law established.—Whereas by an act of parliament 13 & 14 Car.2, made in the thirteenth and fourteenth years of his late majesty king Charles the second, intituled an act for the uniformity of public prayers, and administration of sacraments, and other rites and ceremonies, and for establishing the form of making, ordaining, and consecrating

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bishops, priests and deacons in the church of England, it is, amongst other things enacted, that every schoolmaster keeping any public or private school, and every person instructing or teaching any youth in any house or private family, as a tutor or schoolmaster, should subscribe before his or their respective archbishop, bishop or ordinary of the diocese, a declaration or acknowledgment, in which, amongst other things was contained, as follows, viz. I A. B. do declare, that I will conform to the liturgy of the church of England, as it is now by law established; and if any schoolmaster, or other person instructing or teaching youth in any private house or family, as a tutor or schoolmaster, should instruct or teach any youth as a tutor or schoolmaster before licence obtained from his respective archbishop, bishop or ordinary of the diocese, according to the laws and statutes of this realm, for which he should pay twelve-pence only, and before such subscription and acknowledgment made, as aforesaid, then every such schoolmaster and other instructing and teaching as aforesaid, should, for the first offence, suffer three months imprisonment without bail or mainprize, and for every second and other such offence should suffer three months imprisonment without bail or mainprize, and also forfeit to his majesty the sum of five pounds and whereas notwithstanding the said act, sundry papists and other persons dissenting from the church of England, have taken upon them to instruct and teach youth as tutors or schoolmasters, and have for such purpose openly set up schools and seminaries, whereby, if due and speedy remedy be not had, great danger might ensue to this church and state: for the making the said recited act 23 G. 2, c. 28. more effectual, and preventing the danger aforesaid, &c.

See further

5 GEORGE 1, CAP. 4.-An act for strengthening the Protestant interest in these kingdoms.-See Title-" CONVENTICLES," vol. ii. p. 399.

SPACE LEFT,

FOR REFERENCE, IF NECESSARY,

TO ACTS OF PARLIAMENT PASSED SUBSEQUENT TO A. D. 1845.

SECULAR JURISDICTION OF BISHOPS.

6 & 7 WILLIAM 4, CAP. 87.—An act for extinguishing the secular jurisdiction of the archbishop of York and the bishop of Ely in certain liberties in the counties of York, Nottingham, and Cambridge.Whereas it is expedient to put an end to the secular jurisdiction of the archbishop of York in the liberty of Ripon in the west and north ridings of the county of York, and in the liberty of Cawood, Wistow, and Otley in the said west riding, and in the soke of Southwell in the county of Nottingham, and to the secular jurisdiction of the bishop Ely in the Isle of Ely in the county of Cambridge: be it enacted by the king's most excellent majesty, by and with the advice and consent of the lords spiritual and temporal, and commons, in this present parliament assembled, and by the authority of the same, that all the secular authority of the archbishop of York Secular juin the said liberty of Ripon, and in the said liberty of Cawood, archbishop Wistow, and Otley, and in the said soke of Southwell, shall, from of York in and after the passing of this act, cease and determine, and shall herein menbecome and be transferred to and vested in his majesty, his heirs tioned to

and successors.

risdiction of

the places

cease.

over which

ed to enjoy

heretofore.

II. And be it further enacted, that the several towns, parishes, Towns, &c. and places within the said liberty of Ripon, and the said liberty of his jurisdicCawood, Wistow, and Otley respectively, shall severally be deemed tion extendand taken to be distinct liberties, in the same way as they have their priviheretofore been, and shall enjoy all the same rights, privileges, and lege exemptions which they have heretofore enjoyed, save only that all secular powers and authorities heretofore exercised by the archbishop of York within the said liberties, or either of them, shall henceforth be exercised by his majesty, his heirs and successors; and all persons now holding any office in the said liberties or either of them shall continue to hold the same in the same way as if this act had not been passed.

peace for

III. And be it further enacted, that no new commission of the Justices of peace shall be henceforth issued for the said soke of Southwell, but Southwell. the justices of the peace for the said county of Nottingham shall within the said soke of Southwell exercise the same jurisdiction, both in and out of sessions, as within every other part of such county; any charter or custom to the contrary notwithstanding.

risdiction of

IV. And be it further enacted, that all the secular authority of Secular juthe bishop of Ely in the Isle of Ely in the county of Cambridge, and bishop of all authority of the chief justice of Ely heretofore appointed by the Ely to cease. bishop of Ely, shall, from and after the passing of this act, cease and determine; and all the secular authority of the said bishop shall become and be vested in his majesty, his heirs and successors: provided always, that nothing herein contained shall prevent any justice of the peace now acting for the said liberties, soke and isle respectively from continuing to act as such within the limits of their respective jurisdictions as if this act had not been passed.

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