Majesty in writing for his further allowance or confirmation; since which time upon full and mature deliberation they, the said presidents, bishops and clergy of both provinces, have accordingly reviewed the said books and have made some alterations which they think fit to be inserted to the same, and some additional prayers to the said Book of Common Prayer to be used upon proper and emergent occasions, and have exhibited and presented the same unto his Majesty in writing in one book, entitled, "The Book of Common Prayer and Administration of the Sacraments and other Rites and Ceremonies of the Church according to the Use of the Church of England, together with the Psalter or Psalms of David, pointed as they are to be sung or said in Churches, and the Form and Manner of Making, Ordaining and Consecrating of Bishops, Priests and Deacons'; all which his Majesty having duly considered, hath fully approved and allowed the same, and recommended to this present parliament that the said Books of Common Prayer, and of the Form of Ordination and Consecration of Bishops, Priests and Deacons, with the alterations and additions which have been so made and presented to his Majesty by the said convocations, be the book which shall be appointed to be used by all that officiate in all cathedral and collegiate churches and chapels, and in all chapels of colleges and halls in both the universities, and the colleges of Eton and Winchester, and in all parish churches and chapels within the kingdom of England, dominion of Wales and town of Berwick upon Tweed, and by all that make or consecrate ci bishops, priests or deacons in any of the said places, under such sanctions and penalties as the houses of parliament shall think fit:

II. Now in regard that nothing conduceth more to the settling of the peace of this nation, (which is desired of all good men) nor to the honour of our religion and the propagation thereof, than an universal agreement in the public worship of Almighty God, and to the intent that every person within this realm may certainly know the rule to which he is to conform in public worship and administration of sacraments and other rites and ceremonies of the Church of England, and the manner how and by whom bishops, priests and deacons are and ought to be made ordained and consecrated : be it enacted by the king's most excellent Majesty, by the advice and with the consent of the lords spiritual and temporal and the commons in this present parliament assembled, and by the authority of the same, that all and singular ministers in any cathedral, collegiate or parish church, or chapel, or other place of public worship within this realm of England, dominion of Wales and town of Berwick upon Tweed shall be bound to say and use the morning

prayer, evening prayer, celebration and administration of both the sacraments, and all other the public and common prayer, in such order and form as is mentioned in the said book annexed and joined to this present act, and entitled, 'The Book of Common Prayer and Administration of the Sacraments and other Rites and Ceremonies of the Church, according to the Use of the Church of England, together with the Psalter or Psalms of David, pointed as they are to be sung or said in Churches, and the Form or Manner of Making, Ordaining and Consecrating of Bishops, Priests and Deacons'; and that the morning and evening prayers therein contained shall upon every Lord's day and upon all other days and occasions and at the times therein appointed, be openly and solemnly read by all and every minister or curate, in every church, chapel or other place of public worship within this realm of England and places aforesaid.

III. And to the end that uniformity in the public worship of God (which is so much desired) may be speedily effected, be it further enacted by the authority aforesaid, that every parson, vicar or other minister whatsoever, who now hath and enjoyeth any ecclesiastical benefice or promotion within this realm of England or places aforesaid, shall in the church, chapel or place of public worship belonging to his said benefice or promotion, upon some Lord's day before the feast of Saint Bartholomew which shall be in the year of our Lord God one thousand six hundred sixty and two, openly, publicly and solemnly read the morning and evening prayer appointed to be read by and according to the said Book of Common Prayer at the times thereby appointed; and after such reading thereof shall openly and publicly before the congregation there assembled declare his unfeigned assent and consent to the use of all things in the said book contained and prescribed, in these words and no other:

IV. I, A. B., do here declare my unfeigned assent and consent to all and everything contained and prescribed in and by the book, entitled, 'The Book of Common Prayer and Administration of the Sacraments and other Rites and Ceremonies of the Church according to the Use of the Church of England, together with the Psalter or Psalms of David, pointed as they are to be sung or said in Churches, and the Form or Manner of Making, Ordaining and Consecrating of Bishops, Priests and Deacons.'

V. And that all and every such person, who shall (without some lawful impediment to be allowed and approved of by the ordinary of the place) neglect or refuse to do the same within the time aforesaid (or in case of such impediment within one month

after such impediment removed) shall, ipso facto, be deprived of all his spiritual promotions; and that from thenceforth it shall be lawful to and for all patrons and donors of all and singular the said spiritual promotions or of any of them, according to their respective rights and titles, to present or collate to the same, as though the person or persons so offending or neglecting were dead.

225. First Conventicle Act

(1664, May 17. 16 Charles II. c. 4. 5 S. R. 516.)

WHEREAS an act made in the five and thirtieth year of the

reign of our late sovereign lady Queen Elizabeth, entitled, An Act to retain the Queen's Majesty's subjects in their due obedience, hath not been put in due execution by reason of some doubt of late made, whether the said act be still in force, although it be very clear and evident, and it is hereby declared, that the said act is still in force and ought to be put in due execution; for providing therefore of further and more speedy remedies against the growing and dangerous practices of seditious sectaries and other disloyal persons, who, under pretence of tender consciences, do at their meetings, contrive insurrections as late experience hath showed; 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 if any person of the age of sixteen years or upwards, being a subject of this realm, at any time after the first day of July, which shall be in the year of our Lord one thousand six hundred sixty and four, shall be present at any assembly, conventicle or meeting, under colour or pretence of any exercise of religion in other manner than is allowed by the liturgy or practice of the Church of England, in any place within the kingdom of England, dominion of Wales or town of Berwick-uponTweed, at which conventicle, meeting or assembly there shall be five persons or more assembled together over and above those of the same household, then it shall and may be lawful to and for any two justices of the peace of the county, limit, division or liberty wherein the offence aforesaid shall be committed, or for the chief magistrate of the place where such offence aforesaid shall be committed (if it be within a corporation where there are not two jus

tices of the peace), and they are hereby required and enjoined upon proof to them or him respectively made of such offence, either by confession of the party, or oath of witnesses, or notorious evidence of the fact (which oath the said justices of the peace and chief magistrate respectively are hereby empowered and required to administer), to make a record of every such offence and offences under their hands and seals respectively, which record so made as aforesaid shall to all intents and purposes be in law taken and adjudged to be a full and perfect conviction of every such offender for such offence, and thereupon the said justices and chief magistrate respectively shall commit every such offender so convicted as aforesaid to the gaol, or house of correction, there to remain without bail or mainprise for any time not exceeding the space of three months, unless such offender shall pay down to the said justices or chief magistrate such sum of money, not exceeding five pounds, as the justices or chief magistrate (who are hereby thereunto authorized and required) shall fine the said offender at for his or her said offence, which money shall be paid to the church wardens for the relief of the poor of the parish, where such offender did last inhabit.

III. And be it further enacted by the authority aforesaid, that if any such offender so convicted of a second offence contrary to this act in manner aforesaid shall at any time again commit the like offence contrary to this act, then any two justices of the peace and chief magistrate as aforesaid respectively shall commit every such offender to the gaol or house of correction, there to remain without bail or mainprise, until the next general quarter sessions, assizes, gaol-delivery, great sessions or sitting of any commission of oyer and terminer in the respective county, limit, division or liberty which shall first happen, when and where every such of fender shall be proceeded against by indictment for such offence, and shall forthwith be arraigned upon such indictment, and shall then plead the general issue of not guilty and give any special matter in evidence, or confess the indictment, and if such offender proceeded against shall be lawfully convicted of such offence either by confession or verdict, or if such offender shall refuse to plead the general issue or to confess the indictment, then the respective justices of the peace at their general quarter sessions, judges of assize and gaol-delivery at the assizes and gaol delivery, justices of the great sessions at the great sessions and commissioners of oyer and terminer at their sitting, are hereby enabled and required to cause

judgment to be entered against such offender, that such offender shall be transported beyond the seas to any of His Majesty's foreign plantations (Virginia and New England only excepted) there to remain seven years.

226. Five Mile Act

(1665, October 31. 17 Charles II. c. 2. 5 S. R. 575. The whole reprinted in G. and H. pp. 620-623.)

III. AND all such person and persons as shall take upon them to preach in any unlawful assembly, conventicle or meeting under colour or pretence of any exercise of religion, contrary to the laws and statutes of this kingdom, shall not at any time from and after the four and twentieth day of March which shall be in this present year of our Lord God one thousand six hundred sixty and five, unless only in passing upon the road, come or be within five miles of any city or town corporate or borough that sends burgesses to the parliament, within His Majesty's kingdom of England, principality of Wales or of the town of Berwick upon Tweed, or within five miles of any parish town or place, wherein he or they have since the act of oblivion been parson, vicar, curate, stipendiary or lecturer, or taken upon them to preach in any unlawful assembly, conventicle or meeting under colour or pretence of any exercise of religion, contrary to the laws and statutes of this kingdom, before he or they have taken and subscribed the oath aforesaid before the justices of peace at their quarter sessions to be holden for the county, riding or division next unto the said corporation, city or borough, parish, place or town, in open court (which said oath the said justices are hereby empowered there to administer), upon forfeiture for every such offence the sum of forty pounds of lawful English money, the one third part thereof to His Majesty and his successors, the other third part to the use of the poor of the parish where the offence shall be committed, and the other third part thereof to such person or persons as shall or will sue for the same by action of debt, plaint, bill or information in any court of record at Westminster, or before any justices of assize, oyer and terminer or gaol delivery, or before any justices of the counties palatine of Chester, Lancaster or Durham, or the justices of the great sessions