A SHORT HISTORY OF THE Life and Death OF The ACT made The 35th of Elizabeth, Cap. 1. ENTITLED, An Act to retain the Queen's Majesty's Subjects in their due Obedience.  
AS ALSO, The ACT commonly called The Conventicle Act, Made the 16th of His present Majesty, K. Cham 2d. ENTITLED, An Act to Prevent and Suppress Seditious Conventicles.  
WHEREIN It plainly appears by the several Records, That both the said ACTS are Expired, And have no FORCE IN LAW.  
Published for Satisfaction of His Majesty's Protestant Subjects; By E. W.  
London, Printed for Thomas Fox, at the Sign of the Angel, in Westminster-Hall, 1681.   

A Short HISTORY Of the Life and Death of the Statutes of the 35th. Q. Eliz. And 16. K. C. 2d. against Conventicles, etc.  

The INTRODUCTION.  
I Make no doubt, but this Paper will meet with much opposition, especially from such as are willing, these Laws should be put in execution, against Dissenting Protestants; but the Author considering the miseries such an Act (if it were in force) might bring, upon His Majesty's good and peaceable Subjects, and being fully and clearly convinced in his Conscience, that the Act of the 35 th'. of Q. Eliz. is not in force, thought it his duty to the public, to state the Case as in Truth it lies, without partiality, and there leave it to all Reasonable Men, to Consider and Determine the Matter, as they shall find just Cause and Reason: And hopes that upon a just Enquiry if they shall find him Mistake the Case, some abler Person will better inform him and the World; in the mean time he hopes the Integrity and Honesty of the Cause, will receive no prejudice from the plainness and illaw-like Terms, made use of by him in the following Lines.   

THerefore to come to the Matter without further delay, the Reader must take notice the Act made the 35 of Eliz. cap. 1. which is Entitled an Act to retain the Queen's Majesty's Subjects in their due Obedience, was only a Temporary Act, as appears plainly by the last clause of the Chapter, Viz.  
Provided also that every Person that shall abjure by force of this Act, 
See 35 Eliz. cap. 1. Sect. 13.  or refuse to abjure, being thereunto required as aforesaid, shall forfeit and lose to Her Majesty all his Goods and Chattels for ever; and shall further lose all his Lands, Temements, and Hereditaments, for, and dureing the Life only of such Offender and no longer: And that the Wife of any Offender by force of this Act shall not lose her Dower, nor that any Corruption of Blood shall grow by reason of any Offence mentioned in this Act. But that the Heir of such Offender by force of this Act shall and may after the Death of every Offender, have and enjoy the Lands, Tennements, and Hereditaments of such Offender, as if this Act had not been made, and this Act to continue no longer then to the end of the next Sessions of Parliament.  
This Parliament began the 19th. Day of February, 
Rot. 35 Eliz.  in the 35 of the Queen, and was Dissolved the 10th of April following.  
The next Parliament that followed, (which ended the Sessions mentioned in that Act of the 35, 
Rot. 39 Eliz. ) began the 24th of Octob. in the 39th Year of the Queen, and there continued until the Dissolution thereof, which was the 9th of February next following the Year 1597, as by the Roll appears.  
In this Sessions this Act was Revived with divers others, 
See 39 Eliz. cap. 18. Sect. 26.  by an Act Entitled, An Act for the Reviving, continuance, perfecting and repealing divers Statutes; which Enacts that the 35 of Eliz. shall continue and endure in form and Effect until the end of the next Parliament, 
Sect. 41.  next ensuing.  
The next Parliament began the 27th of October in the 43 of Elizabeth, and continued until the Dissolution thereof, 
Vide Rot. 43 Eliz.  being the 19th of December than next following, 1601. as appears by the Roll.  
In this Session the 35 of Eliz. is again revived, with others, by the Statute Entitled, 
Cap. 9 Sect. 18.  An Act for continuing divers Statutes, and Repeal of some others; which enacts, 
Sect. 27.  That the same be continued and remain in force, until the end of the first Session of the next Parliament.  
The next Session of Parliament, began the 19th day of March in the first year of King James, and ended that Session the 7th of July 1604. as appears by the Roll. 
Vid. Rot. 1 Jac.   
The 35 of Eliz. again continued in this Session, 
1 Jac. c. 25. Sect. 13.  among divers others, by the Act entitled An Act for continuing and reviving of divers Statutes, and for repealing divers others.  
Which Statute enacts, the same shall be continued, 
S. 24.  and remain in force until the end of the first Session of the next Parliament.  
The second and next Session of Parliament, 
Rot. 3 Jac.  began and holden by Prorogation the 5th day of November, in the Third of King James, and ended the 27th of May next, and was then prorogued to the 18th of Nou. 1606.  
Now observe, that in this Session there was no Reviver or Continuance of the 35th of Eliz. therefore it absolutely ceased, and was not in force, but as if the same had never been.  
The next Parliament began from the last Prorogation of the 18th of November in the Fourth of King James, 
See the Roll 4 Jac.  and ended that Session the 4th day of July 1607. and then prorogued until the 16th day of November following.  

See the Roll 7 Jac.  The next Parliament, being the Fourth Sessions, began and holden by Prorogation the 19th day of February in the Seventh year of King James, and continued until the 23d of July, and then prorogued until the 16th of October next following, 1610.  
In all which several Sessions there was no manner of Continuance or Revivor of the 35th of Elizabeth. So it is most plain, the Act was expired, and wholly discontinued from the 27th of May, in the Third of King James to the 21th of King James.  

See the Roll 21 Jac.  Now the next Parliament that makes any mention of the 35 of Eliz. was the Parliament which began the 19th day of February in the 21th of King James, and was continued to the 29th day of May following, and then prorogued till the second day of November 1624.  
In this Session it is Enacted by the Statute entitled, 
11 Jac. c. 28.  An Act for continuing and reviving of divers Statutes, and repeal of divers others; in which is included the 35th of Eliz. this Clause, viz. shall, by Virtue of this Act, be adjudged ever since the Session of Parliament in the 7th year of his Majesty's 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.  
Which Clause in the Act at first seems as if the same 35th of Eliz. were again revived, but consider the words as they lie, and it cannot be so adjudged; which appears plainly thus:  
You have observed, as above is hinted, the last Revivor of that Statute was by the 1 Jac. cap. 25. to continue to the end of the first Session of the next Parliament; which Session, meant and expressed, was the second Session in King James his Reign, and began the 5th of November in the Third of that King, and ended that Session the 20th of May next, and then the Statute of the 35th of Elizabeth ceased, as is most plain, because that in all that Session of 3 Jacobi, it was never revived; so that the Session which began and ended the 7th of King James, spoken of in this Statute of the 21th Jacobi, in the words before, viz. To have been of such Force and Effects, as the same were the last day of that Session, did not retain or keep in force the said 35th of Elizabeth.  
And how can it possibly be that the 35 of Eliz. was in force, either the beginning or end of that Session, of the 7th of King James, spoken of in this last-recited Statute, when it is plain, that it was expired long before? If so, than this Statute of 21 Jacobi can no way set it up again; for this of the 21 of King James only sets up such as was in force in that Session of the 7th of King James, and no otherwise.  
But, to proceed. In the next Parliament, 
1 Car. c. 17. The Roll 1 Car. prim.  begun and holden at Westminster, the 18th day of June in the First of King Charles, divers Acts passed to make it a Session; but, by a special Bill passed in the same Parliament, it was Enacted, viz. And all Statutes and Acts of Parliament which are to have continuance unto the end of this present Session, shall be of full force after the said Adjournment, until this present Session be fully ended and determined, etc.  
So it is clear, all continued now as it was left the 21 of King James, but this of the 35 of Eliz. was not then in Being.  
The next Parliament began the 27th of March 1627. in the Third of Car. primi, and continued to the 26th of June following, in which Parliament was made divers Statutes.  
And amongst the rest, 
3 Car. c. 4.  an Act entitled, An Act for Repeal and continuance of divers Statutes; among which is mentioned, 
Sect. 22.  the 35th of Eliz. which Enacts, viz. By Virtue of this Act shall be and continue until the End of the first Session of the next Parliament, in Force and Effect as the same were the first day of the Session of Parliament holden in the first year of the Reign of our Sovereign Lord the King that now is.  
All which cannot, in the least be construed to revive and set up the 35th of Elizabeth, for this enforces no more than what was in force the First of Car. primi; and, if the 35th of Elizabeth were out the Third of King James, and not in force the 7th of King James, as is before made appear, then sure no man will say the 35th of Elizabeth was in force the First of K. Charles the First; so that this of the Third of Car. 1. can have no force or colour to revive what was so long before dead.  
From the Third of King Charles to the sixteenth, there is no mention made of any thing relating to the 35th of Elizabeth, but in the 16th Car. it is Enacted;  
VIZ. And be it Enacted by the Authority aforesaid, 
16 Car. C. 2d.  That the passing of this present Act, or any other Act or Acts, or his Majesty's Royal assent to them or any of them in this present Session of Parliament, shall not be any determination of the said Session: and that all Statutes and Acts of Parliament, which have their continuance, or were by an Act of Parliament made in the Third Year of the Reign of His Majesty that now is, Entitled, An Act for the Continuance and Repeal of divers Statutes continued until the end of the first Session of the next Parliament, etc. Shall 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, touching the continuance of the same, etc.  
Still this Act pretends to continue no more than such as was continued to the Third of Car. Primi, which is just nothing to the purpose, and therefore it was no Wonder that a Doubt was pretended to be made by the overlong Parliament, commonly called, The Pentionary Parliament; Whether this Act of the 35 of Eliz. was in force or not; I must confess it is a very great Wonder to me, that they should in the least Question any thing relating to it, for by the same Rule that once the Commons at a Committee Judged Fourteen more than Twentyone about an Election, they might as well make a Doubt, aye, and Judge and Declare it too, That the Session ending the 3 of Jacobi, might reach three Sessions their Judgement, especially at that time a day.  
However there comes no Question about the 35 of Eliz. until the 16 Car. 2d. and then the House of Commons having a mind to prosecute the Conventicklers, made an Act to prevent and suppress Seditious Conventickles, and gins thus, VIZ.  
Whereas by an Act made in the 35 th' Year of the Reign of our late Sovereign Lady Queen Elizabeth, Entitled, 
16 Car. 2d. Cap. 4.  An Act to Retain the Queen's Majesty's Subjects in their due Obedience, hath not been put in Execution, by reason of some Doubt of late made, Whether the said Act he still in force, altho' it be very clear and evident: And it is hereby Declared, That the said Act is still in force, and aught 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 Dissoyal 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, etc.  
And by the last Clause in this Statute, 
Sect. 23. Idem.  is as follows: VIZ.  
Provided also, and be it Enacted by the Authority aforesaid: That this Act shall continue in Force for Three Years after the End of this present Session of Parliament, and from thence forward to the end of the next Session of Parliament after the said three Years, and no longer.  
This being the whole that concerned the Statute of the 35 of Eliz. it doth appear, That this last Statute is but one entire Statute, and that part which declares the Statute of the 35 of Eliz. to be in force, is joined and annexed to the other part, and is but one Law, and hath its period at the time before prefixed; and that Declarative part dies with the rest, which had its end the 22d of this King, and that did continue the 35 of Eliz. but to the end of the time prefixed in the Act, and no longer: now that Session being ended, in which the Three Years (spoken of in the Statute) began the 16 and 17 of Car. 2d. 
See the Role.   
The next Session begun the 17 Car. 2d.  
The next begun the 18th of September, 1666, in the 19 of Car. 2d. and ended the 8th of February following.  
The next Sessions began, after the Three Years was expired, 
See the Role.  the 10th of October, 1667. and ended the 9th of May, 1668, and then continued by Adjournment to the 11th. of April, 1670, and to the 24th of October following, when this Conventickle Act expired, 
Conventicle-Act exp. the 22d of Car. 2d.  being the 22d. of Car. 2d. as is before expressed.  
This being the Case, there is no longer any pretence for the 35 of Eliz. being yet in force, notwithstanding an Objection made, which is, that altho' the Conventickle Act be expired, and with it the Branch of the declaring part; yet it being once declared, that Declaration stands good, notwithstanding the Act itself die: to which Objection, I answer, and first I would know if the Statute of 35 of Eliz. be expired, as undoubtedly it is, as is above shown before this Conventicle Act was made; if so, than I say the Declarative part in this Conventickle-Statute, cannot enforce or give Life to any thing longer than it lives itself.  
And then again, I would ask if the Declaring part in this Conventicle Act, after itself is extinguished, can be Read as a Law to enforce another, which hath no being of a Law in itself, for than it necessarily follows, that an expired Law is as authentic as a Law in being.  
But to finish this matter, as no Man of Judgement can imagine any such thing, so no Man of Honesty, (I dare say) can overmuch grieve at the loss of two such Acts, much less will he strain other Laws beyond their due bounds to enforce such a pernicious Law as the 35 of Eliz. was.  
FINIS.