DISTURBERS OF PREACHERS IN CHURCHES.

ters in the

1 MARY, SESS. 2, CAP. 3.-An act against offenders of preachers and other ministers in the church.-Forasmuch as it is most necessary The penalty in every christian commonwealth, to provide that tranquility and of preachers of disturbing peace may be preserved and continued amongst the people, and and minisspecially in holy church, in the time of divine service, and adminis- church. tration of sacraments and sacramentals, as before this time it hath 2 & 3 Ed. 6, been accustomed in holy church within this realm; and that all 5 & 6 Ed. 6, things being contrary thereunto, or that are, or may be in disturbance c. 1. thereof, may by foresight be eschewed and avoided, and remedy therefore in due time provided, as well for the preservation of the queen's highness' peace, as for an universal quietness and order to be used within this realm:

c. 1.

by word or

preacher in

53.

II. Be it therefore enacted by the queen our sovereign lady, the Disturbing lords spiritual and temporal, and commons, in this present parliament deed a assembled, and by the authority of the same, that if any person or his sermon. persons of their own power and authority, at any time or times after 2 Bulstr. 47, the twentieth day of December next coming, do or shall willingly and Aleyn. 50. of purpose, by open and overt word, fact, act or deed, maliciously or contemptuously molest, let, disturb, vex or trouble, or by any other unlawful ways or means disquiet or misuse any preacher or preachers that now is, or that at any time or times hereafter shall be, licensed, allowed or authorized to preach by the queen's highness, or by any archbishop or bishop of this realm, or by any other lawful ordinary, or by any of the universities of Oxford and Cambridge, or otherwise lawfully authorized or charged by reason of his or their cure, benefice, or other spiritual promotion or charge, in any of his or their open sermon, preaching or collation, that he or they shall make, declare, preach or pronounce in any church, chapel, church-yard, or in any other place or places, used, frequented or appointed, or that hereafter shall be used or appointed to be preached in.

priest pre

mass or other

III. Or if any person or persons after the said twentieth day of Molesting a December next coming, shall maliciously, willingly or of purpose mo- paring or lest, let, disturb, vex, disquiet or otherwise trouble any parson, vicar, celebrating parish priest or curate, or any lawful priest, preparing, saying, doing, service. singing, ministering or celebrating the mass, or other such divine Mod. 168. service, sacraments or sacramentals, as was most commonly fre- 159. quented and used in the last year of the reign of the late sovereign lord king Henry the eighth, or that at any time hereafter shall be allowed, set forth or authorized by the queen's majesty.

Jones Sir T.

the blessed

blood of

IV. Or if any person or persons, at any time or times after the Abusing said twentieth day of December, shall contemptuously, unlawfully or sacrament of maliciously, of their own power or authority, pull down, deface, the body and spoil, abuse, break or otherwise unreverently handle or order the Christ, or most blessed, comfortable and holy sacrament of the body and blood breaking any of our Saviour Jesus Christ, commonly called the sacrament of the cifix. altar, being or that shall be in any church or chapel, or in any other

altar or cru

The punish

offender for any of the crimes aforesaid.

decent place, or the pix or canopy wherein the same sacrament is or shall be; or unlawfully, contemptuously or maliciously, of their own power and authority, pull down, deface, spoil or otherwise break any altar or altars, or any crucifix or cross, that now or hereafter shall be in any church, chapel, or church-yard: that then every such offender and offenders in any the premises, his or their aider, procurer or abettor, aiders, procurers or abettors, immediately and forthwith after any of the said act or acts, or other the said misdemeanors so committed, done or made, or any time or times after, shall be apprehended, arrested and taken by any constable or constables, churchwarden or churchwardens of the said parish, town or place where the said offence or offences shall be so committed, made or done, or by any other officer or officers, or by any other person or persons then being present at the time of the said offence or offences so unlawfully committed, made or done.

V. Which person or persons so apprehended, taken or arrested, with convenient speed shall be brought and carried to any justice of peace within the said shire, or within any city, borough, liberty or town corporate wherein justices of peace be, where the said offence or offences shall be so committed, done and made: and that the said justice of peace, upon due accusation thereupon had and made by the apprehender or apprehenders, or other person or persons, of any of the said person or persons so offending, forthwith shall commit the said person or persons so apprehended, arrested and taken, to safe keeping and custody, as by the discretion of the said justice shall be thought most meet and convenient, and that within six days next and immediately after the said accusation so had and made to the said justice, the said justice with one other justice of peace in the said shire, city, borough, liberty or town corporate, shall diligently examine the act or acts, offence or offences aforesaid. VI. And if they the said two justices of peace shall upon their ment of the said examination find or perceive the said person or persons 80 accused guilty of any of the said offence or offences whereof he or they shall be so accused, and that by two sufficient witnesses, or by his or their own confession or confessions, that then and immediately with convenient speed the said two justices shall commit and award the said person or persons so accused as is aforesaid, to the gaol of or for the said shire, city, borough, liberty or town corporate where the said offence or offences was so committed, made or done, there to remain without bail or mainprise, by the space of three months then next ensuing, and further to the next quarter sessions to be holden within the said shire, city, borough, liberty or town corporate, next after the end of the said three months; at which said quarter sessions, the said person or persons so committed to the gaol as is aforesaid, upon his or their reconciliation and repentance in that behalf before the said justices of the peace at the said sessions, shall be delivered and discharged out of prison and gaol, upon sufficient surety of his good abearing and behaviour, to be then and there taken by the said justices for one whole year then next ensuing, as by the discretion or discretions of the said justices then and there being, or of the more part of them, shall be thought meet and conve nient and if the said person or persons so in gaol as is aforesaid,

will not be reconciled and repent at the said quarter sessions, that Godbolt 246, then the said person or persons immediately in time convenient shall pl. 343. be further awarded and committed to the said gaol by the said justices, or by the more part of them, there to remain without bail or mainprise, until he or they so committed and awarded to gaol as is aforesaid, shall be reconciled, and be penitent for his or their said. offence or offences.

if

an offender,

the arrest.

VII. And be it further enacted by the authority aforesaid, that The penalty any person or persons at any time or times after the said twen- for rescuing tieth day of December, of their own authority and power, willingly or disturbing and unlawfully do rescue any offender or offenders so apprehended, taken or arrested as is aforesaid, or will disturb, hinder or let the said offender or offenders, so offending as is aforesaid, to be apprehended, taken or arrested, that then every one of the said rescuers or disturbers shall suffer like imprisonment as is aforesaid, and further shall pay, forfeit and lose for a fine, for every of his or their said offences, five pounds to the queen's majesty, her heirs and

successors.

The penalty

if an offender

be

not taken,

but doth

escape.

VIII. And be it further enacted by the authority aforesaid, that if any of the offenders aforesaid be not taken, apprehended or arrested immediately in time convenient, as is aforesaid, but do escape or go away, that then the said escape shall be lawfully presented before the justices of the peace in the said shire, city, borough, liberty or town corporate, at the next quarter sessions to be holden where the said escape was made and suffered, and that then the inhabitants of the parish where the said escape was so suffered, shall forfeit and lose to the queen's majesty, her heirs and successors, for every such escape five pounds, to be levied and taken as other like amerciaments and fines before this time hath been levied and taken upon any village, hundred or town, for the escape of any murderer or other felon, for not making pursuit upon Hue-and-Cry, according to the statute 13 Ed.1, st. 2, of Winchester, and the statute made and provided in the third year 3 H. 7, c. 1. of the worthy king Henry the seventh.

c. 1.

magistrates

inquire of

IX. And be it further enacted by the authority aforesaid, that all What and singular justices of peace, justices of assize, justices of oyer and shall have determiner, and all and singular mayors, bailiffs and justices of peace authority to within any city, borough or town corporate in any parts within this and punish realm, within the limits of their commission or commissions, shall the offenders have full power and authority by virtue of this act, after the said twentieth day of December, to inquire of all and singular the offences and misdemeanors aforesaid, and to hear and determine the same, and to set the fines and amerciaments of the said offender or offenders as is aforesaid.

law eeclesi

X. Provided always, and be it further enacted by the authority The jurisdicaforesaid, that this act, or any thing therein contained, shall not in tion of the anywise extend to abrogate and take away the authority, jurisdiction, astical saved. power and punishments of the ecclesiastical laws, now standing and remaining in their force, of or for the punishment of any the offences and misdemeanors aforesaid, but that the authority, power, jurisdictions and punishments of the said ecclesiastical laws of and for any of the offences and misdemeanors aforesaid shall stand in full power and strength, and to be used and exercised in all and every thing,

There shall

be but one punishment for one offence.

Further provisions relating

as though this act had never been had and made; this present act, or any thing therein contained to the contrary thereof in anywise notwithstanding.

XI. Provided always, and be it enacted, that whatsoever person offending in the premises, shall for any of the offences afore recited receive punishment of the ordinary, having a testimonial thereof under the said ordinary's seal, shall not for the same offence eftsoons be convicted before the justice: and in likewise receiving for the said offences punishment by the justice, he shall not for the same offence eftsoons receive punishment of the ordinary; any thing in this act to the contrary notwithstanding.

hereto, see 1 El. c. 1 & 2. 13 El. c. 12. 23 El. c. 1. 13 & 14 Car. 2, c. 4. 15 Car. 2, c. 6. 1 W. & M. stat. 1, c. 18. 5 Anne, c. 5, and 23 G. 2, c. 28.

SPACE LEFT,

FOR REFERENCE, IF NECESSARY,

TO ACTS OF PARLIAMENT PASSED SUBSEQUENT TO A. D. 1814.

DIVISION OF PARISHES, SCOTLAND.

7 & 8 VICTORIA, CAP. 44.-An act to facilitate the disjoining or dividing of extensive or populous parishes, and the erecting of new parishes, in that part of the united kingdom called Scotland.-Whereas by certain acts of the parliament of Scotland provision is made for disjoining large parishes and building and erecting new churches; and in particular by an act passed in the parliament of Scotland in the year one thousand seven hundred and seven, intituled act anent 1707, c. 9. plantation of kirks and valuation of teinds, the lords of council and session are empowered, authorized, and appointed to judge, cognosce, and determine in all affairs and causes whatsoever which by the laws and acts of parliament of the kingdom of Scotland were formerly referred to and did pertain and belong to the jurisdiction and cognizance of the commissioners formerly appointed for the plantation of kirks and valuation of teinds, as fully and freely in all respects as the said lords do or may do in other civil causes; and particularly, inter alia, "to disjoin too large paroches, to erect and build new churches, to annex and dismember churches, as they shall think fit, conform to the rules laid down and powers granted by the nineteenth act of the parliament one thousand six hundred and thirty-three, the twenty-third and thirtieth acts of the parliament one thousand six hundred and ninety, and the twenty-fourth act of the parliament one thousand six hundred and ninety-three, in so far as the same stand unrepealed; the transporting of kirks, disjoining of too large paroches, or erecting and building of new kirks, being always with the consent of the heritors of three parts of four at least of the valuation of the paroch whereof the kirk is craved to be transported, or the paroch to be disjoined and new kirks to be erected and built:" and whereas it is expedient to afford facilities and to make further provision for the disjoining or dividing of extensive or populous parishes be it enacted by the queen'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 from and after the passing of this act so so much of much of the said recited act as requires the consent of the heritors recited act as of three parts of four at least of the valuation of the parish whereof consent of the kirk is craved to be transported, or the parish to be disjoined the heritors and new kirks to be erected and built, shall be repealed; and that repealed. the consent of the heritors of a major part of the valuation of any parish shall be necessary and sufficient in all cases in which the con- Consent of sent of the heritors of three parts of four of the valuation of such of parish was required by the said recited act, except where otherwise be sufficient. hereinafter expressly provided.

:

requires the

three parts of

heritors to

the popula

II. And be it enacted and declared, that a parish may be deemed Largeness of and held to be too large, and may, as such, be disjoined or divided tion to be a under the provisions of the said recited act as altered and amended reason for by this act, by reason of the largeness of the population of such parish,

division of