Oriel college

bridge, con

firmed.

happen to be void, the faid prebend fhall, immediately upon fuch vacancy, and from thenceforth be annexed and united to the faid bishoprick of St. Davids for ever; and all and every the profits, rights, dues, benefits, and advantages whatsoever, of the fame prebend, or thereto in any wife belonging or appertaining, shall or may be had, received, taken and enjoyed by the bishop of the faid diocese of St. Davids and his fucceffors for ever, in as full and ample manner as the faid John Medley now hath or enjoyed, or might or ought to have and enjoy the fame. The Queen's VII. And whereas her Majefty has been graciously pleafed, by her letters patents to the mafter letters patents under the great feal of Great Britain, bearing date at of Pembroke Westminster the eleventh day of November in the twelfth year of college, and to her reign, to incorporate Collwell Brickenden doctor in divinity, the the provolt of master of Pembroke college in the univerfity of Oxford, and his fucin Oxon, and ceffors, masters of the fame college, by the name, ftile and title of mato the warden fter of Pembroke college in the university of Oxford; and did thereof Katherine by grant to the faid mafter and his fucceffors, masters of the fame colhall in Cam- lege, for their better fupport and maintenance, that canonfhip or prebend in the cathedral church of the holy and undivided Trinity of Gloucester, which should first happen to be void, and in the gift of her Majefty, her heirs and fucceffors, from and after the date of the faid grant to have and to hold the faid canonship or prebend, to the Jaid Collwell Brickenden master of the faid college, and his fucceffors, mafters of the fame college, of her Majefty, her heirs and fucceffors, in pure and perpetual alms, for and during his and their respective continuance in the faid maftership; and did thereby likewife unite fuch canonship or prebend, as aforefaid, to the faid corporation for ever: and whereas her Majesty has been also graciously pleased, by other her letters patents under the great feal of Great Britain, bearing date at Westminster the fourteenth day of January in the twelfth year of her reign, to incorporate George Carter doctor in divinity, the provoft of Oriel college in the univerfity of Oxford, and his fucceffors, provofts of the fame college, by the name, file and title of provoft of the house of the bleffed virgin Mary in Oxon, commonly called Oriel college, of the foundation of Edward the Second, fome time King of England, of famous memory; and did thereby grant to the faid provoft, and his fucceffors, provosts of the fame college, for their better Support and maintenance, that canonship or prebend in the cathedral church of Chrift, and of the bleed virgin Mary of Rochester, which should first happen to be void, and in the gift of her Majefty, her heirs and fucceffors, from and after the date of the faid grant; faving always the right of the arch-deacons of the faid church for the time being, to one of the faid canonfhips, by virtue of a former grant; to have and to hold the faid canonfhip or prebend, to the faid George Carter, provost of the faid college, and his fucceffors, provofts of the fame college, of her Majesty, her heirs and fucceffors, in pure and perpetual alms, for and during his and their continuance in the faid provoffhip; and did thereby likewife unite fuch canonfhip or prebend, as aforefaid, to the faid corporation for ever: and whereas her Majefty has been further graciously pleased, by other her letters patents under the great feal of Great Britain, bearing date at Westminster the fix

and

and twentieth day of April in the thirteenth year of her reign, to incorporate Thomas Sherlock doctor in divinity, mafter or warden of St. Catharine's college or hall in the university of Cambridge, and his fucceffors, mafters or wardens of the faid college or hall, by the name, Stile, and title of master or warden of St. Catharine's college or hall in the univerfity of Cambridge; and did thereby grant to the faid master or warden, and his fucceffors, mafters or wardens of the fame college or hall, for their better Jupport and maintenance, that canonShip or prebend in the cathedral church of the holy and undivided Trinity in Norwich, of the foundation of King Edward the Sixth, which should first happen to be void, and in the gift of her Majesty, her heirs and fucceffors, from and after the date of the faid grant; to have and hold the faid canonship or prebend to the faid Thomas Sherlock, mafter or warden of the faid college or hall, and his fucceffors, masters or wardens of the fame college or hall, of her Majefty, her heirs and fucceffors, in pure and perpetual alms for and during bis and their continuance in the faid maftership or wardenship; and did thereby likewife unite fuch canonship or prebend, as aforefaid, to the faid corporation for ever; as by the faid several and respective recited letters patents (relation being thereunto had) may more fully and at large appear: be it therefore enacted by the authority aforefaid, That the said several and respective recited letters patents, and all and fingular the claufes, articles and things therein refpectively contained, fhall be and are hereby ratified and confirmed, and the faid feveral and refpective canonships or prebends fhall be, from time to time, for ever, held and enjoyed, according to the true intent and meaning of the several and respective letters patents above recited.

VIII. And be it further enacted, That this act shall be taken A publick act. and allowed in all courts within this kingdom as a publick act.

for fuch recto

IX. Saving nevertheless, and always referved unto her Ma- Saving to the jefty, her heirs and fucceffors, all and fingular firft-fruits and crown all tenths, in any wife due or payable to her Majefty, her heirs and firit fruits, &c. fucceffors, for or in refpect of fuch rectories fine Cura, and trea- ries, &c. furership, and prebend thereunto annexed, founded in the cathedral church of Landaff, and the faid prebend of Langamarch, and all fuch right and title, as her faid Majefty hath in or to fuch first fruits and tenths, or any of them, and which fhall continue to be levied and paid in like manner as heretofore; any thing herein contained to the contrary in any wife notwithstanding.

X. Saving alfo to the Queen's majesty, her heirs and fuccef- Another favfors, and to the refpective leffee or leffees of the faid treasurer- ing to the ship, and prebend thereunto annexed, founded in the cathedral leffees, &c. church of Landaff, and to the faid prebend of Langamarch, and to all and every other person or persons whatsoever, all fuch eftate, right, title and intereft, in, to, or out of the faid treafurership and prebend thereto annexed, and the faid prebend of Langamarch, as any fuch leffee or leffees, or other perfon or perfons, have or might have or claim, in, to, or out of the faid treasurership and prebend thereunto annexed, and the said prebend of Langamarch, if this act had not passed.

F 3

CAP.

CAP. VII.

An act to prevent the growth of fchifm, and for the further Security of the churches of England and Ireland, as by law established.

13 & 14 Car.2. fourteenth years of his late majesty King Charles the Second,

C. 4.

intituled, An act for the uniformity of publick prayers, and adminiftration of facraments, and other rites and ceremonies; and for establishing the form of making, ordaining, and confecrating bishops, priests and deacons in the church of England, it is, amongst other things enacted, That every Schoolmaster keeping any publick or private School, and every person inftructing or teaching any youth in any house or private family, as a tutor or fschoolmaster, should fubfcribe before his or her respective archbishop, bishop or ordinary of the diocefe, a declaration or acknowledgement, 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 perfon inftructing or teaching youth in any private house or family, as a tutor or Schoolmaster, should inftruct or teach any youth as a tutor or Schoolmaster before licence obtained from his respective archbishop, biShop or ordinary of the diocefe, according to the laws and ftatutes of this realm, for which he should pay twelve pence only, and before fuch fubfcription and acknowledgement made, as aforefaid, then every fuch Schoolmaster and other inftructing and teaching, as aforefaid, fhould, for the first offence, fuffer three months imprisonment without bail or mainprize, and for every fecond and other fuch offence should fuffer three months imprisonment without bail or mainprize, and alfo forfeit to his Majesty the fum of five pounds: and whereas notwithstanding the faid act, fundry papifts and other perfons diffenting from the church of England, have taken upon them to inftruct and teach youth as tutors or Schoolmasters, and have for fuch purpose openly set up Schools and feminaries, whereby, if due and speedy remedy be not had, great danger might enfue to this church and state: for the making the faid recited act more effectual, and preventing the danger aforefaid, be it enacted by the Queen's most excellent majesty, by and keep a school with the advice and consent of the lords fpiritual and temporal, in England, &c. before he and commons, in this prefent parliament affembled, and by has subscribed the authority of the fame, That every person or persons who fo much of the fhall, from and after the first day of August next enfuing, keep the recited act, any publick or private school or feminary, or teach and inftruct as above, and any youth as tutor or schoolmaster, within that part of Great obtained a Britain called England, the dominion of Wales, or town of Berlicence from wick upon Tweed, before fuch person or persons shall have fubthe bishop,&c. fcribed fo much of the faid declaration and acknowledgement,

None fhall

declaration in

as is before recited, and fhall have had and obtained a licence from the respective archbishop, bishop, or ordinary of the place, under his feal of office (for which the party shall pay one fhilling, and no more, over and above the duties payable to her

Majesty

Majefty for the fame) and fhall be thereof lawfully convicted, upon an information, prefentment, or indictment, in any of her Majefty's courts of record at Westminster, or at the affizes, or before juftices of oyer and terminer, fhall and may be committed to the common gaol of fuch county, riding, city, or town corpo- On penalty of rate, as aforesaid, there to remain without bail or mainprize, for 3 months imprisonment. the space of three months, to commence from the time that fuch perfon or perfons fhall be received into the faid goal.

certificate of

5

II. Provided always, and be it hereby enacted, That no li- Bishop not to cence shall be granted by any archbishop, bishop, or ordinary, grant fuch li unless the perfon or perfons who fhall fue for the fame, fhall cence without produce a certificate of his or their having received the facrament the perfon's according to the ufage of the church of England, in some parish having receiv church, within the space of one year next before the grant of ed the sacrafuch licence, under the hand of the minifter and one of the ment, taken the oaths, &c. church wardens of the said parish, nor until fuch perfon or per- ing Car. 2. sons shall have taken and subscribed the oaths of allegiance and C. 2. fupremacy, and abjuration, as appointed by law, and shall have made and fubfcribed the declaration against tranfubftantiation, contained in the act made in the twenty fifth year of the reign of King Charles the Second, intituled, An act for preventing dangers which may happen from popish recufants, before the faid archbishop, bishop, or ordinary; which faid oaths and declarations, the faid archbishop, bishop, or ordinary, are hereby impowered and required to adminifter and receive; and fuch archbishops, bishops, and ordinaries, are required to file fuch certificates, and keep an exact register of the fame, and of the taking and subscribing fuch oaths and declarations.

any conven

and difabled

III. And be it further enacted by the authority aforefaid, Perfon having That any person who shall have obtained a licence, and fubfcrib- a licence, and resorting to ed the declarations, and taken and fubfcribed the oaths, as above appointed, and shall at any time after, during the time of his or ticle, &c.liable their keeping any publick or private school or feminary, or in- to the penalstructing any youth as tutor or schoolmafter, knowingly or wil- ties in this act, lingly, refort to, or be prefent at any conventicle, affembly, or from keeping meeting, within England, Wales, or town of Berwick upon Tweed, any school. for the exercife of religion in any other manner than according to the liturgy and practice of the church of England, or shall knowingly and willingly be prefent at any meeting or affembly for the exercife of religion, although the liturgy be there used, where her Majefty (whom God long preferve) and the elector of Brunswick, or fuch others as fhall, from time to time, be lawfully appointed to be prayed for, fhall not there be prayed for in exprefs words, according to the liturgy of the church of England, except where fuch particular offices of the liturgy are used, wherein there are no express directions to pray for her Majesty and the royal family, fhall be liable to the penalties in this act, and fhall from thenceforth be incapable of keeping any publick or private school or feminary, or instructing any youth as tutor or school master,

Penalty of

teaching any

other cate. chifm than that in the common

prayer book.

keeping fchools without licence.

IV. And be it further enacted by the authority aforesaid, That if any perfon licenfed, as aforefaid, fhall teach any other catechism than the catechism set forth in the book of common prayer, the licence of fuch perfon fhall from thenceforth be void, and fuch perfon fhall be liable to the penalties of this act.

V. And be it further enacted by the authority aforefaid, That Punishment of it shall and may be lawful, to and for the bishop of the diocese, or other proper ordinary, to cite any person or persons whatsoever, keeping school or feminary, or teaching without licence ast aforefaid, and to proceed against, and punish such person or perfons by ecclefiaftical cenfure, fubject to fuch appeals as in cafes of ordinary jurifdiction; this act or any other law to the contrary notwithstanding.

None to be punished twice.

No fecond profecution fhall be while

a former is depending.

Not to extend to tutors in colleges, &c. nor in noblemens families.

VI. Provided always, That no person offending against this act shall be punished twice for the fame offence.

VII. Provided always, That where any perfon fhall be profecuted without fraud or covin in any of the courts aforefaid, for any offence contrary to this act, the fame person shall not be afterwards profecuted for the fame offence in any of the said courts whilst such former profecution fhall be pending, and carried on without any wilful delay'; and in cafe of any fuch afterprosecution, the perfon fo doubly prosecuted may alledge, plead, or fhew forth in his defence against the fame, fuch former profecution pending, or judgment, or fentence thereupon given, the said pleader firft making oath before the judge or judges of the court where fuch after-profecution fhall be pending, and which faid oath he or they are hereby impowered and required to administer, that the faid prior-profecution was not commenced or carried on by his means, or with his confent or procurement, or by any fraud or collufion of any other person to his knowledge or belief.

VIII. Provided always, That this act, or any thing therein contained, shall not extend, or be conftrued to extend, to any tutor teaching or inftructing youth in any college or hall, within either of the universities of that part of Great Britain called England, nor to any tutor who fhall be employed by any nobleman or noblewoman, to teach his or her own children, grandchildren, or great grand-children only, in his or her family; Provided they provided fuch tutor, fo teaching in any nobleman or noblewoqualify them- man's family, do in every refpect qualify himself according to this act, except only in that of taking a licence from the bishop. IX. Provided alfo, That the penalties in this act shall not extend to any foreigner, or alien of the foreign reformed churches, allowed, or to be allowed by the Queen's majefty, her heirs or fucceffors, in England, for inftructing or teaching any child or children of any fuch foreigner or alien only, as a tutor or schoolmaster.

felves.

Nor to foreigners of reformed churches.

Conforming X. Provided always, and be it further enacted by the authoafter convic- rity aforefaid, That if any perfon who fhall have been convicted, tion as by this as aforesaid, and thereby made incapable to teach or instruct any act, thall be again capable youth, as aforefaid, fhall, after fuch conviction, conform to the

church