88o APPENDIX. time after, during the ti!lle of his or their keeping any publick or pri· vate fchool or feminary, or infirueting any youth as tutor or fchool-maf– ter, knowingly or willingly, refort to, or be prefent at any conventicle, affembly, or meeting, within England, Wales, or town of Berwick upon Tweed, for the exercife of religion in any other manner than ac– C}!rding to the liturgy and practice of the church of England, or (hall knowingly and willingly be prefent at any meeting or affembly for the exercife of religion, although the liturgy be there ufed, where her ma– jefiy (whom God long preferve), and the elector of Bruifwick, or fuch others as fhall, from time to time, be lawfully appointed to be prayed for, fhall not there be prayed for in exprefs words, according to the liturgy of the church of England, except where fuch particular offices of the liturgy are ufed, wherein there are no exprefs directions to pray for her majefry and the royal family, fuall be liable to the penalties in this act, and fhall from thenceforth be incapable of keeping any publick or private fchool or feminary, or in!l:ructing any youth as tutor or fchoolma!l:er. · And be it further enacted by the authority aforefaid, that if any per– fen licenfed, as aforefaid, fhall teach any other catechifm, than the catechifm fet forth in the book of common prayer, the licence of fuch perfon ihall from thenceforth be void, and fuch perfon fhall be liable to the penalties of this act. And be it further enacted by the authority aforefaid, that it ihall and may be lawful, to and for the biihop of the diocefe, or ot~er pro– per ordinary, to recite any perfon or perfons whatfoever, keeping fchool or feminary, or teaching without licence, as aforefaid, and to proceed again!l:, and punifh fuch perfon or perfons by ecclefiafiical cen– fure, fubje& to fuch appeals as in cafe;:s of ordinary jurifdiction ; this aCt -or any other law to the contrary notwith!l:anding. Provi?ed always, that no perfon offending again!l: this act, lhall be punifhed twice for the fame offence. Provided alfo, that where any perfon ihall be profecuted without fraud or covin in any of the courts aforefaid, for any offence contrary to this a&, the fame perfon lhall not afterwards be profecuted for the fame offence in any of the faid courts, whil!l: fuch former profecution lhall be penqing, and carried.on without any wilful delay ; and in cafe ·of any fuch after-,profecution, the perfon fo doubly profecuted, may al– ledge, plead, or lhew forth in his defence again!l: the fame, fuch for– -mer profecution pending, or judgment or fentence thereupon given, the faid pleader firft making oath before the judge or judges of the •co\)rt, where fuch a(ter-profecution thall be .peoding, and. which faid oath
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