The death, burial, and resurrection of the act of the 35th of Eliz. entituled, An act to retain the Queens Majesties subjects in their due obedience being an answer to a late lying pamphlet, entituled The life and death of the 35th of Eliz.

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Title
The death, burial, and resurrection of the act of the 35th of Eliz. entituled, An act to retain the Queens Majesties subjects in their due obedience being an answer to a late lying pamphlet, entituled The life and death of the 35th of Eliz.
Author
E. W.
Publication
[London :: Printed for Nath. Thompson ...,
1681]
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Subject terms
Elizabeth -- I, -- Queen of England, 1533-1603.
England and Wales. -- Parliament.
Link to this Item
http://name.umdl.umich.edu/A65542.0001.001
Cite this Item
"The death, burial, and resurrection of the act of the 35th of Eliz. entituled, An act to retain the Queens Majesties subjects in their due obedience being an answer to a late lying pamphlet, entituled The life and death of the 35th of Eliz." In the digital collection Early English Books Online. https://name.umdl.umich.edu/A65542.0001.001. University of Michigan Library Digital Collections. Accessed June 20, 2024.

Pages

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An Act made in the 35th. of Eliz. Cap. 1. entituled, AN Act to retain the Queens Majesties Subjects in their due obedience,

with this proviso,* 1.1 that it shall continue no longer than to the end of the next Session of Parliament.

This Parliament began the 19th. of February, in the 35th. of the Queen, and was dissolved the 10th of April following.

The next Parliament began the 24th. of October, in the 39th. of the Queen, and there continued until the dissolution thereof, being the 9th. of February next following 1597.

This is the Session,* 1.2 to the end whereof the 35th. of Eliz. was to have con∣tinued in force; in which Session the 35th. of Eliz. was revived by an Act entituled, An Act for reviving, continuing and repealing divers Statutes;* 1.3 which enacts, the same shall continue and remain in force unto the end of the next Parliament next ensuing.

The next Parliament began the 27th. of October, in the 43d. of the Queen, and there continued until the dissolution thereof, being the 19th. of Decem∣ber next following 1601.

* 1.4In this Session the 35th. of Eliz. is again revived by the Statute entituled, An Act for continuance of divers Statutes, and for repeal of some others; which Statute enacts,* 1.5 That the same shall be continued and remain in force until the end of the first Session of the next Parliament.

* 1.6The first Session of the next Parliament began the 19th. of March, in the 1st. year of King James, and there continued to the 7th. of July 1604. and then prorogued to the 7th. of February next following.

The 35th. of Eliz. is again continued in this Session by the Act entituled, An Act for continuing and reviving of divers Statutes, and for repealing of some others; which enacts, The same shall be continued and remain in force un∣til the end of the first Session of the next Parliament.

The 2d. Session of the forementioned Parliament began and was held by Proroguation the 5th. of November, in the 3d. of King James, and there continued until the 27th. of May, and then was prorogued to the 18th. of November next 1606.

The 3d. Session of the forementioned Parliament began from the last Pro∣roguation of the 18th of November, in the 4th. of King James, and there continued till the 4th. of July 1607. and then prorogued to the 16th. of November next following.

The 4th. Session of the forementioned Parliament began and was help by Prorogation the 10th. of February, in the 7th. of King James, and there continued until the 23d. of July, and then Prorogued to the 16th. of October next following 1610.

Now observe, that in the 1st. Session of Parliament held in the 1st. of King James, the 35th. of Eliz. was revived and continued in force until the end of the 1st. Session of the next Parliament.

The 2d. Session of Parliament was held by Prorogation in the 3d. of King James.

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The 3d. Session was held by Prorogation in the 4th. of King James.

The 4th. Session was held by Prorogation in the 7th. of King James; so that it is apparent by the Proviso in the 1st. year of King James, that there needed not (as the late Pamphleteer seems to hint) any Revivor of the 35th. of Eliz. in either of the 3 last mentioned Sessions, they being Sessions of the same Parliament held in the 1st. of King James.

In the 12th. of King James another Parliament was held at Westminster, but no Act passing, it was no Sessions.

In the 18th. year of King James there was another Parliament holden at Westminster, wherein only there passed some Subsidy Acts. And in the next Parliament being holden in the 21st. year of King James, the Question did arise in Parliament, * 1.7Whether amongst other temporary Acts, this Act of the 35th. of Eliz. were discontinued? And for clearing the Doubt, Stat. 21 Jac. en∣tituled, An Act for the continuing and reviving of divers Statutes, and for re∣peal of divers others. This Clause is incerted, that the said Acts shall by virtue of this Act be adjudged ever since the Session of Parliament, in the 7th. year of His Majesties Reign of England, to have been of such force and effect, as the same were the last day of that Session, and from thenceforth until the end of the first Session of the next Parliament.

* 1.8The 18th. of June the next Parliament was holden at Westminster, and there continued to the 11th. of July following, and then Adjourn'd to Oxon; In which Sessions it was Enacted,* 1.9 That all Statutes and Acts of Parliament, which were to have continuance unto the end of that Sessions, should be of full force, after the said Adjournment, until that Sessions should be fully determined; And if it should happen that that Session of Parliament should be determined by the Dissolution thereof, that then the 35 of Eliz. with other Acts, should be conti∣nued in force until the end of the first Session of the next Parliament.

* 1.10And the next Parliament was holden 3 Car. 1. and this Act was revived and continued in force unto the end of the first Sessions of the next Parliament.

* 1.11The next Parliament was holden, 16 Car. 1. in which Sessions it was Enacted, That the passing of that Act, &c. should not be any determination of that Sessions, and that all Acts of Parliament should have their continuance according to the Act of 3 Car. 1. and should be of the same force as they were the last day of that Session, and from thenceforth until some other Act of Parliament be made tou∣ching the continuance or discontinuance of the same; so that it is plain, this Act is still in force, unless the Pamphleteer can produce an Act whereby this Act of the 35 of the Queen is repealed; and it must be very lately; For this doubt arising the second time in Parliament in the 16th. year of His now Majesties Reign: In the Preamble of the Act entituled, An Act to prevent and suppress Seditious Conventicles.* 1.12 It is declared by King, Lords and Com∣mons, That the Act of the 35 of the Queen was then in force, and ought to be put in due Execution. And although that Act be expired, yet this Clause is de∣claratory and distinct from that Act; and the Act of the 22d. of this King was never made in favour of Dissenters.

Notes

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