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By the fatute of the Mar.

Cover his bead] In the 18 C. 2. An action of trefpafs for affault and battery, was brought against a church warden; who pleaded that the plaintiff had his hat on in time of divine fervice, and that he defired him to put it off, and upon refufal took it off, and delivered it into his hand. And all the court held, that the plea was good; except Twifden, who conceived that all that the churchwarden could do, was to prefent him to the fpiritual court: tho' it is very apparent, how neceffary an immediate remedy is, in cafe of this or the like diforders committed in the worship of God. The court also faid, that the churchwardens may chastife boys playing in the churchyard,and much more in the church. Gibf. 294. 2 Keb. 124. Sid. 301.

Can. 19. The churchwardens or queftmen and their affitants, fhall not fuffer any idle perfons to abide either in the churchyard or church porch, during the time of divine fervice; but thall cause them either to come in, or to depart.

Can. 85. The churchwardens or queftmen fhall take care that in every meeting of the congregation peace be well kept; and that all perfons excommunicated, and so denounced be kept out of the church.

Can. 90. The churchwardens or queftmen fhall diligently fee, that none do walk or ftand idle or talking in the church, or in the churchyard, or the church porch, during the time of divine fervice.

Can. 111. In all vifitations of bifhops and archdeacons, the churchwardens or queftmen and fidefmen fhall truly and perfonally prefent the names of all thofe, which behave themselves rudely and diforderly in the church; or which, by untimely ringing of bells, by walking, talking, or other noife, fhall hinder the minifter or preacher.

2. By the 1 Mar, feff. 2. c. 3. If any perfon of his own power and authority fhall willingly and of purpose, by open and overt word fact act or deed, maliciously or contemptuousl; meleft let difturb nex or trouble, or by any other unlawful ways or. means difa iet ar mifife any preacher that fall be licensed allow-, ed ar authorised to preach by the queen's highness, or by any archbishop or bishop of this realm, or by any other lawful ordimary, or by any of the univerfities of Oxford and Cambridge, or otherwife lawfully authorised or charged by reason of his cure benefice or other spiritual promotion or charge, in any of his open fermon preaching or collation that he shall make declare preach or pronounce, in any church chapel, churchyard or in any other place ufed frequented or appointed to be preached in: f. 2. Or fhall maliciously willingly or of purpose moleft let difiurb vex difquiet or other wife trouble, any parjen vicar parish priest

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or curate or any lawful priest, preparing saying doing finging miniftring or celebrating the mass, or other fuch divine fervice, facraments or facramentals, as was most commonly frequented and used in the last year of the reign of king Henry the eighth, or that at any time hereafter shall be allowed fet forth or authorifed by the queen's majefly: f. 3

Or fhall contempturusly unlawfully or maliciously, of their own power or authority, pull down deface spoil abuse break or otherwife unreverently handle or erder the moft bleed comfortable and holy facrament of the body and blood of our Saviour Jefus Chrift, commonly called the facrament of the altar, that Jhall be in any church or chapel or in any other decent place, or the pix or canopy wherein the fame facrament fhall be; or unlawfully contemptuously or maliciously, of his own power and› authority, pull down deface fpoil or otherwife break any altar crucifix or cross that shall be in any church chapel or churchyard:That then every fuch offender in any the premises, bis aiders, procurers or abettors, immediately and forthwith after the offence committed, shall be apprehended by any conftable or churchwarden of the parish town or place where the offence fhall be committed, or by any other officer, or by any other perfn then being present at the time of the offence committed: 1. 4.

Which perfon fo apprehended shall with convenient speed be carried to a justice of the peace; who fhall, upon due accufation by the apprehender or other perfon of fuch offence, commit him to fafe keeping and cuftody as by his defcretion fhall be thought meet; and within fix days next after the faid accufation made, the faid justice, with one other juftice, fhall diligently examine the offence: 1.5.

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And if they fhall find him guilty, by two witnesses or by con feffion, they shall immediately with convenient fpeed commit him to gaol for three months and further to the next quarter feffions to be bolden next after the end of the f.id three months. At which quarter feffions, the perfon fo committed to gaol, upon his reconciliation and repentance in that behalf, fore the faid juftices at the faid feffions, fhall be discharged out of prifon, upon fufficient furety of his good abearing and behaviour, to be then and there taken by the faid juflices, for one whole year then next enfuing: And if he will not be reconciled and repent at the faid quarter feffions, then he shall immediately in time convenient be further committed to the faid gaol by the faid juftices or the more part of them, there to remain without bail until he shall be reconciled and be penitent for his faid offence: 1. 6.

And if any perfon of his own authority and power, willingly and unlawfully do rescue any offender jo apprehended, or will disturb binder of let fuck offender to be apprehended; he fhall

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Juffer

fuffer like imprisonment as aforesaid, and further shall forfeit 5. f. 7.

And if any fuch offender be not apprehended immediately in time convenient as aforefaid, but do escape or go away; then the faid efcape fhall be lawfully presented before the justices of the peace at the next quarter feffions: and the inhabitants of the parish where the efcape was so fuffered shall forfeit to the queen for every fuch efcape 5 h; to be levied as other like amerciaments, upon any village hundred or town, for the escape of a murderer or other felon, for not making hue and cry: 1. 8.

And all juftices of the peace, juftices of afsize, mayors, bailiffs and juftices of the peace within any city or town corporatt, fball. have power to inquire of hear and determine the fuid offences, and to fet the faid fines: 1. 9.

Provided, that this shall not in any wife extend to abrogate and take away the authority jurifdi&tion power and punishment of the ecclefiaftical laws now ftanding and remaining in their force, or for the punishment of any the offences and misdemeanors aforefaid; but the fame shall fland in force as if this act had not been made: f. IC.

Provided, that perfons for any the said offences receiving punishment of the ordinary, having a testimonial thereof under his feal, fhall not for the fime eftfoons be convicted before the juftices; and in likewife receiving for the faid offences punishment by the juftices, shall not for the fame eftfoons receive punishment of the ordinary. f. 11.

Or other fuch divine fervice] It hath been refolved, that the disturbance of a minister in saying the prefent common prayer, is within this ftatute; for the exprefs mention of fuch divine fervice, as fhould afterwards be authorised by queen Mary, doth implicitly include fuch alfo as should be authorifed by her fucceffors: for fince the king never dies, a prerogative given generally to one, goeth of course to others. I Haw. 140.

Shall be apps hended] In the cafe of Glover and Hind, M. 25 C. 2. where an action of trefpafs of affault and battery was brought, for laying hands on the difturber; it was declared by the court, that at the common law a perfon difturbing divine fervice might be removed by any other perfon there prefent, as being all concerned in the fervice of God that was then performing; fo that the dif turber was a nufance to them all, and might be removed by the fame rule of law that allows a man to abate a nufance. Gibf. 304. 1 Mod. 168.

E. 15 C. 2. The court refufed to grant a certiorari, to remove an indictment at the feffions against the defend

ant

ant for not behaving himself reverently and modeftly at
the church during divine fervice; because altho' the of-
fence is punifhable by ecclefiaftical cenfures, yet they
judged it a proper caufe within cognizance of the juftices
of the peace, and indictable.
1 Keb. 491.

toleration,

3. By the 1 W. c. 18 If any perfon fhall willingly and By the aft of of purpose, maliciously or contemptusufy, come into any cathedral or parish church chapel or other congregation permitted by this aft, and difquiet or disturb the fame, or mifufe any preach er or teacher; be fhall, in proof thereof before a juice of the peace, by two witnesses, find two fureties to be bound by recognizance in the fum of 501. and in default of fuch fureties fall be committed to prifong there to remain till the next general or quarter feffions: and upon conviction of the faid offence at fuch Jeffions, fhall fuffer the penalty of 204. 1. 18. (r)

[And a fimilar penalty is inflicted on thofe who thall in By 31 G. 3. the fame way difturb any congregation or affembly of re- . 32. ligious worship, permitted to catholicks by the 31 G. 3.

c. 32. S. 10.]

4. By the G. ft. 2. c. 5. If any perfons unlawfully. By the riot afte riotously and tumultuoufs affembled together, to the disturbance of the publick peace, shall unlawfully and with force dernolish or pull down, or begin to demolish or pull down, any church or chapel or any building for religious wofhip certified and regiftered according to the W. c. 18. the fame shall be adjudged Felony without benefit of clergy. And the hundred shall answer damages, as in cafes of robbery. 1. 4, 6.

IV. Performance of the divine fervice, in the several parts thereof.

The occafional offices are treated of under the title Holidays.

I Can. 11. The common prayer fhall be faid or fung Common praye diftir, ty and reverently, upon fuch days, as are appointed to be used on to be kept holy by the book of common prayer, and their holidays. eves, and at convenient and ufual times of those days, and in fuch places of every church, as the bishop of the diocefe or ecclefiaftical ordinary of the place fhall think

(r) It has been decided that an indictment upon this act at the quarter feffions, may before verdict be removed by certiorari into the Court of King's Bench, and upon conviction of feveral defendants each is liable to the penalty of 201. Rex . Hube and others, 5 T. Rep. 542.

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On other days.

In what part of the church.

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meet for the largenefs or ftraitnefs of the fame, fo as the people may be most edified. All minifters likewife fhall obferve the orders rites and ceremonies prescribed in the book of common prayer, as well in reading the holy fcriptures and faying of prayers, as in administration of the facraments, without either diminishing in regard of preaching, or in any other refpect, or adding any thing in the matter or form thereof..

2. And by the preface to the book of common prayer: All priests and deacons are to fay daily the morning and evening prayer, either privately or openly, not being let by fickness, or fome other urgent cause.

And the curate that miniftreth in every parish church or chapel, being at home, and not being otherwife reafonably hindred, fhall fay the fame in the parish church or chapel where he miniftreth: and fhall cause a bell to be tolled thereunto, a convenient time before he begin, that the people may come to hear God's word, and to pray with him. Vide fupra II. 10 in the note.

3. By the rubrick before the common prayer of the 2 Ed. 6. it was ordered thus: The priest being in the quire, fball begin with a loud voice the Lord's prayer, called the Pater nofter.

In the quire] That is, in bis own feat there, as the way was all Edward the fixth's time: and as is ftill done in fome churches: but in the beginning of queen Elizabeth's reign, reading defks began to be set up in the body of the church, and divine fervice to be read there, by appointment of the ordinaries, according to the power vefted in them by the rubrick of the 5 & 6 Ed. 6. Gibf. 297..

Shall begin] All that now goes before, viz. the fentences, exhortation, confeffion, and abfolution, were first inferted in the fecond book of Edward the fixth. 2 Burnet, 76.

By the rubrick before the prefent common prayer: The › morning and evening prayer shall be used in the accustomed place of the church, chapel, or chancel; except it shall be otherwife determined by the ordinary of the place.

Habit of the mi- 4. By Can. 58. Every minifter faying the publick prayers, or miniftring the facraments for other rites of the church, fhall wear a decent and comely furplice with fleeves, to be provided at the charge of the parish. And if any queftion arife touching the matter decency or comelinefs thereof, the fame fhall be decided by the discretion of the ordinary. Furthermore, fuch minifters as are gra duates fhall wear upon their furplices at fuch times, fuch hoods as by the orders of the univerfities are agreeable to

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