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if the same had never been at all forest, or so reputed ; any thing in this present Act contained, or any other Act, matter or thing whatsoever to the contrary in any wise notwithstanding.
VI. Provided nevertheless and be it enacted that the tenants, owners, and occupiers, and every of them of lands and tenements, which shall be excluded and left out of the meets, meers, limits or bounds of the forests to be returned and certified by virtue of any the said commissions, shall or may use and enjoy such common and other profits and easements within the forests as anciently or accustomarily they have used and enjoyed ; anything in this present Act contained or any Act or Ordinance made in the three-andthirtieth year of King Edward the First, or any custom or law of the forest, or any other matter or thing to the contrary thereof notwithstanding.
29. ACT PROHIBITING THE EXACTION OF KNIGHTHOOD FINES, [August 10, 1641. 16 Car. I. cap. 20. Statutes of the Realm, v, 131.
See Hist. of Engl. ix. 417.] An Act for the prevention of vexatious proceedings touching the
Order of Knighthood. Whereas upon pretext of an ancient custom or usage of this realm of England, that men of full age being not Knights, and being seized of lands or rents of the yearly value of forty pounds or more (especially if their seizen had so continued by the space of three years next past), might be compelled by the King's writ to receive, or take upon them the Order of Knighthood, or else to make fine for the discharge or respite of the same, several writs, about the beginning of His Majesty's reign issued out of the Court of Chancery for proclamations to be made in every County to that purpose, and for certifying the names of all such persons, and for summoning them personally to appear in the King's presence, before a certain day, to be there ready to receive the said Order or Dignity: upon return of which writs, and transmitting the same with their returns into the Court of Exchequer, and upon other writs for further inquiry of the names of such persons issuing out of the said Court of Exchequer, process by distringas was thence made against a very great number of persons, many of which were altogether unfit, in regard either of estate or quality, to receive the said Order or Dignity, and very many were put to
grievous fines and other vexations for the same, although in truth it were not sufficiently known how, or in what sort, or where they, or any of them, should, or might have addressed themselves for receiving the said Order or Dignity, and for saving themselves thereby from the said fines, process and vexations : and whereas it is most apparent that all and every such proceeding, in regard of the matter therein pretended, is altogether useless and unreasonable : may it therefore please your Most Excellent Majesty that it be by authority of Parliament declared and enacted ; and be it declared and enacted by the King's Most Excellent Majesty, and the Lords and Commons in this Parliament assembled, and by the authority of the same, that from henceforth no person or persons of what condition, quality, estate or degree soever, shall at any time be distrained or otherwise compelled by any writ or process of the Court of Chancery or Court of Exchequer, or otherwise by any means whatsoever, to receive or take upon him or them respectively the Order or Dignity of Knighthood, nor shall suffer or undergo any fine, trouble or molestation whatsoever by reason or colour of his or their having not received or not taken upon him or them the said Order or Dignity; and that all and every writ or process whatsoever, and all and every proceeding which shall hereafter be had or made .contrary to the intent of this Act, shall be deemed and adjudged to be utterly void ; and that all and every process, proceeding, and charge now depending by reason or colour of the said pretended custom or writs aforesaid, or of any the dependents thereof, shall from henceforth cease, and stand, lie and remain discharged and utterly void, any former law or custom, or any pretence of any former law or custom or any other matter whatsoever to the contrary in any wise notwithstanding.
30. RESOLUTIONS OF THE HOUSE OF COMMONS ON ECCLE
[September 1, 1641. Journals of the House of Commons, ii. 279. See
Hist. of Engl. x. 14.] Whereas divers innovations in or about the worship of God, have been lately practised in this kingdom, by enjoining some things and prohibiting others, without warrant of law, to the great grievance and discontent of His Majesty's subjects ; for the suppression of such innovations, and for Resolutions of the Commons on Ecclesiastical Innovations. 123
preservation of the public peace, it is this day ordered by the Commons in Parliament assembled :
That the churchwardens of every parish church and chapel respectively, do forthwith remove the communion table from the east end of the church, chapel, or chancel into some other convenient place; and that they take away the rails, and level the chancels as heretofore they were before the late innovations :
That all crucifixes, scandalous pictures of any one or more persons of the Trinity, and all images of the Virgin Mary, shall be taken away and abolished ; and that all tapers, candlesticks and basins be removed from the communion
That all corporal bowing at the name of Jesus, or towards the east end of the church, chapel, or chancel, or towards the communion table be henceforth forborne :
That the orders aforesaid be observed in all the several cathedral churches of this kingdom, and all the collegiate churches or chapels in the two Universities, or any other part of the kingdom ; and in the Temple Church, and the chapels of the other Inns of Court, by the Deans of the said cathedral churches, by the Vice-Chancellors of the said Universities, and by the heads and governors of the several colleges and halls aforesaid ; and by the benchers and readers in the said Inns of Court respectively :
That the Lord's Day shall be duly observed and sanctified ; all dancing or other sports, either before or after divine service, be forborne and restrained ; and that the preaching of God's Word be permitted in the afternoon in the several churches and chapels of this kingdom ; and that ministers and preachers be encouraged thereunto :
That the Vice-Chancellors of the Universities, heads and governors of colleges, all parsons, vicars, churchwardens, &c. make certificates of the performance of these orders : and if the same shall not be observed in any of the places aforementioned, upon complaint thereof made to the two next Justices of Peace, Mayor, or head officers of cities, or towns corporate; it is ordered, that the said Justices, Mayor, or other head officer respectively, shall examine the truth of all such complaints, and certify by whose default the same are committed : all which certificates are to be delivered in Parliament before the thirteeth of October next.
31. ORDER OF THE HOUSE OF LORDS ON THE SERVICES OF
[September 9, 1641. Imprinted at London by Robert Barker, printer to
the King's Most Excellent Majesty, and by the Assigns of John Bill. See Hist. of Engl. x, 16.]
Die Sabbati 16 Januarii, 1640 1. It is this day ordered by the Lords spiritual and temporal in the High Court of Parliament assembled, that the divine service be performed as it is appointed by the Acts of Parliament of this realm; and that all such as shall disturb that wholesome order, shall be severely punished according to the law; and the parsons, vicars, and curates in the several parishes, shall forbear to introduce any rites or ceremonies that may give offence, otherwise than those which are established by the laws of the land.
Die Jovis 9 Septemb., 1641. It is this day voted by the Lords in Parliament, that the order abovesaid shall be printed and published.
32. EXTRACT FROM THE INSTRUCTIONS TO THE COMMITTEE IN
SCOTLAND, PROPOSED BY THE HOUSE OF COMMONS. [November 8, 16412. Journals of the House of Lords, iv. 431. See
Hist. of Engl. x. 55-57.]
7. Lastly, you shall represent to His Most Excellent Majesty this our humble and faithful declaration?: that we cannot without much grief remember the great miseries, burdens, and distempers, which have for divers years afflicted all his kingdoms and dominions, and brought them to the last point of ruin and destruction; all which have issued from the cunning, false and malicious practices of some of those who have been admitted into very near places of counsel and authority about him, who have been favourers of Popery, superstition and innovation, subverters of religion, honour and justice, factors for promoting the designs of foreign princes and states, to the great and apparent danger of his royal person, crown and dignity, and of all his people ; authors of false scandals and jealousies betwixt His Majesty and his loving subjects, enemies to the peace, union and confidence betwixt him and his Parliament, which is the surest foundation of prosperity and greatness to His Majesty, and of comfort and hope to them; that, by their counsels and endeavours, those great sums which have been lately drawn from the people have been either consumed unprofitably, or in the maintenance of such designs as have been mischievous and destructive to the State ; and whilst we have been labouring to support His Majesty to purge out the corruptions and restore the decays both of the Church and State, others of their faction and party have been contriving by violence to suppress the liberty of Parliament, and endanger the safety of those who have opposed such wicked and pernicious courses.
1 I. e. 1641.
2 Presented to the Lords on November 9. The preceding instructions relate to the preparations for the Irish war.
8. That we have just cause of belief that those conspiracies and commotions in Ireland are but the effects of the same counsels; and if persons of such aims and conditions shall still continue in credit, authority and employment, the great aids which we shall be enforced to draw from his people for subduing the rebellion in Ireland, will be applied to the fomenting and cherishing of it there, and encouraging some such like attempt by the Papists and ill-affected subjects in England, and in the end, to the subversion of religion and destruction of his loyal subjects in both kingdoms; and do therefore most humbly beseech His Majesty to charge those counsels, from which such ill courses have proceeded, and which have caused so many miseries and dangers to himself and all his dominions; and that he will be graciously pleased to employ such councillors and ministers as shall be approved by his Parliament, who are his greatest and most faithful Council, that so his people may with courage and confidence undergo the charge and hazard of this war, and, by their bounty and faithful endeavours (with God's favour and blessing) restore to His Majesty and this kingdom that honour, peace, safety and prosperity which they have enjoyed in former times.
And, if herein His Majesty shall not vouchsafe to condescend to our humble supplication, although we shall always continue with reverence and faithfulness to his person and his crown, to perform those duties of service and obedience to which, by the laws of God and this kingdom, we are obliged, yet we shall be forced, in discharge of the trust which we owe to the State, and to those whom we