from Church without any lawfull cause impugned the Queen's authority in causes Ecclesiastical or frequented Conventicles or persuaded others so to do under pretence of exercise of Religion they shall be committed to prison and there remain untill they shall conform themselves and make such open submission as hereafter shall be prescribed And if within three moneths after such conviction they refuse to conform and submit themselves being thereunto required by a Justice of Peace they shall in open Assize or Sessions abjure the Realm ☞ and if such abjuration happen to be before Justices of Peace in Sessions they shall make certificate thereof at the next Assize or Gaol-delivery LXXI If such an offender refuse to abjure or going away accordingly doth return without the Queen's license he shall be adjudged a felon and shall not enjoy the benefit of Clergie but if before he be required to abjure he makes his submission the penalties aforesaid shall not be inflicted upon him LXXII The form of the Submission is as followeth I A. B. do humbly confess and acknowledge that I have grievously offended God in contemning her Majestie 's godly and lawfull government and authority by absenting my self from Church and from hearing Divine Service contrary to the godly Statutes and Laws of this Realm and in using and frequenting disordered and unlawfull Conventicles and Assemblies under pretence of Exercise of Religion and I am heartily sorry for the same and do acknowledge and testifie in my conscience that no other person hath or ought to have any power or authority over her Majesty And I do promise and protest without any dissimulation that from henceforth I will from time to time obey and perform her Majestie 's Laws and Statutes in repairing to the Church and hearing Divine Service and do my utmost endeavour to maintain and defend the same LXXIII The Minister of the Parish where the submission is made shall presently enter the same in a Book and within ten days after certifie it to the Bishop of the Diocess LXXIV The offender that after such submission falleth into a relapse shall take no benefit thereby LXXV The forfeitures of this Act and of 23 Eliz. 1. may be recovered by action of debt LXXVI The third part of the penalties which accrue by this Act shall be disposed as those of 29 El. 6. LXXVII A feme covert shall not be compelled to abjure but any other offender that abjures or being required refuseth so to do shall forfeit all his goods and his land during life Howbeit here shall be no corruption of bloud loss of Dower or disherison of heir * LXXVIII Stat. 35 El. 2. Popish Recusants above 16 years of age shall within 40 days after their conviction repair to their usual dwelling and not remove above 5 miles from thence in pain to forfeit all their goods and their lands and annuities during life ☞ And if they have no certain abode then are they to repair to the place where they were born or where their father or mother dwells and within 20 days after their arrival there to give their names in writing to the Minister Constables and Headboroughs which Minister is to enter them in a Book to be kept for that purpose and he together with the said Constables and Headboroughs is to certifie the same to the next Quarter-Session where the Justices of Peace shall cause them to be inrolled LXXIX A Copiholder shall in this case also forfeit his estate during life if his estate continue so long to the Lord of the Mannor if he be no Recusant convict nor seized or possessed in trust to the use of a Recusant for then the Queen shall have the forfeiture LXXX A Popish Recusant being no feme covert not having lands worth 20 marks per annum or goods worth 40 l. which within the time above limited doth not repair to the place of his abode or doth depart above five miles thence or within three moneths after his arrival there doth not make the submission hereafter following being required so to do by the Bishop a Justice of Peace or the Minister there shall before two Justices of Peace or the Coroner abjure the Kingdom which abjuration shall be by the said Justices or Coroner certified in at the next Assize or Gaol-delivery LXXXI If such Popish Recusant depart not the Realm within the time limited by the said Justices or Coroner or return without the Queen's license he shall be adjudged a felon without Clergie LXXXII A Jesuit or Priest refusing to answer shall be committed to prison and there remain till he will answer the questions whereupon he was before examined LXXXIII This Act shall not restrain a Recusant urged by process or summons without fraud to travel without the abovesaid limits so he return again in a convenient time neither him that is compelled to render his body to the Sheriff LXXXIV If such an offender before conviction upon a Sunday or some Festival day repair to Church and there hear Divine Service and before the Gospel make the Confession following he shall be discharged of the penalties inflicted by this Act. The Confession is this LXXXV I A. B. do humbly confess and acknowledge that I have grievously offended God in contemning her Majestie 's godly and lawful government and authority by absenting my self from Church and from hearing Divine Service contrary to the godly Laws and Statutes of this Realm and I am heartily sorry for the same and do acknowledge and testifie in my conscience that the Bishop and See of Rome hath not nor ought to have any power or authority over her Majesty within any of her Majestie 's Realms or Dominions And I do promise and proceed without dissimulation that from henceforth I will from time to time obey and perform her Majestie 's Laws and Statutes in repairing to the Church and hearing Divine Service and do my utter most endeavour to maintain and defend the same LXXXVI The Minister of the Parish where such submission is made shall presently enter the same in a Book and within ten days after certifie it to the Bishop of the Diocess LXXXVII The offender that after such submission falleth into a relapse shall take no benefit thereby LXXXVIII Every married woman shall be bound by this Act save onely by the clause of abjuration LXXXIX Stat. 1 Ja. 1. A Recognition that upon Queen Elizabeth's death the Crown of England and all the Kingdomes Dominions and rights belonging to the same did by lawfull birth-right and succession descend to King James XC Stat. 1 Ja. 1. All the aforesaid Statutes made in the time of Queen Elizabeth shall be duely put in execution against all such as do not conform themselves as aforesaid XCI Where the Ancestor dies a Recusant the heir being none or conforming himself and taking the Oath of Supremacie before the Arch-bishop or Bishop of the Diocess the land shall be freed from all penalties XCII If an heir within age after he shall have
accomplished the age of 16 years doth still continue a Recusant his lands shall not be freed until he do conform and take the Oath of Supremacy as aforesaid XCIII A third part of every Recusant's lands shall remain clear unto him from seizure or extent and the other two parts shall remain in the King's hands both before and after the Recusant's death until the King shall be fully satisfied all the arrearages for the 20 l. a moneth according to 23 El. 1. * XCIV None shall send any child or other person under their government beyond the Seas to be instructed in the Popish Religion in pain of 100 l. and they which are so sent shall be incapable as to themselves onely of any grant or inheritance due unto them or to others for their use * XCV If a woman or child under the age of 21 years be suffered to pass the Seas without the license of the King or of six of the Privy Council under their hands except Sailors Ship-boys or Merchants Factors or Apprentices the Officers of the â—orts shall forfeit their Offices and all their goods the owner of the Ship his Ship and Tackle and every Master or Mariner of or in the Ship all their goods and also suffer a year's imprisonment without bail * XCVI None out of the Universities shall keep School except a Free-School or in some person's house that is no Recusant or by license of the Bishop or Ordinary in pain to forfeit 40 s. a day XCVII The forfeitures of this Act shall be divided betwixt the King and the prosecutor * XCVIII Stat. 3 Jac. 4. A Recusant that conforms shall within one year after and so once every year at least receive the blessed Sacrament in pain to forfeit for the first year 20 l. for the second 40 l. and for every default after 60 l. And if after he hath received it he make default therein by the space of a whole year he shall forfeit 60 l. XCIX These forfeitures may be recovered before Justices of Peace in Sessions or in any other Court of Record and are to be divided betwixt the King and the prosecutor C. The Church-wardens and Constables of every Parish or one of them or if there be none such then the High Constable of the Hundred there shall present once every year at the general Sessions of Peace the monethly absence from Church of every Popish Recusant and their children being above the age of nine years and their servants together with the age of their children as near as they can know them in pain to forfeit respectively for every such default 20 s. Which presentment the Clerk of the Peace or Town-Clerk shall record without fee in pain of 40 s. CI. If upon such presentment being the first the Recusant be convicted the Officer that presents him shall have 40 s. to be levied by warrant upon the Recusant's goods and estate as the more part of the Justices of Peace shall think fit CII Justices of Assize Gaol-delivery and Peace have power to hear and determine of all Recusants and offences as well for not receiving the Sacrament according to this Act as also for not coming to Church according to former Laws and likewise to make Proclamation that they shall tender themselves to the Sheriff or Bailiff of the Liberty where they are before the next Assize Gaol-delivery or Sessions respectively which if they do not that default being recorded shall be taken for as sufficient a conviction of them as a trial by verdict CIII Every offender not repairing to Church as aforesaid after their first conviction shall pay into the Checquer in such of the Terms of Easter and Michaelmas as shall happen next after such conviction the summ then due for the forfeiture of 20 l. a moneth and yearly after that in the same Terms according to the rate of 20 l. a moneth except where the King shall be pleased to take two third parts of their lands and leases in lieu thereof or that they conform themselves and come to Church CIV Every conviction shall before the end of the Term next following be certified into the Exchequer in such convenient certainty that the Court may thereupon award process for the seizure of all the offender's goods and two parts of his lands and leases in case the 20 l. a moneth be not paid as aforesaid CV The King may refuse 20 l. a moneth and take two third parts of his lands and leases but here he shall not include the Recusant's Mansion-house nor demise his two parts to a Recusant or to any other for a Recusant's use And the King's Lessee for his two parts shall give such security against committing of waste as by the Court of Exchequer shall be thought sufficient CVI. It shall be lawful for the Bishop of the Diocess or two Justices of the Peace 1. Qu. out of Sess to tender the Oath hereafter following to any person eighteen years old or above except noble men and noble women which stand convicted or indicted of Recusancy hath not received the Sacrament twice in the year next before or passing through the Country and examined upon oath confesseth or at least denieth not that he or she is a Recusant or that he or she hath not received the Sacrament twice in the year next before which Bishop or Justices shall certifie the name and dwelling of the person so taking the same oath at the next Ses where the Clerk of the Peace or Town-Clerk shall record them CVII If the parties refuse to answer upon oath or to take the oath aforesaid tendred unto them the Bishop or Justice aforesaid shall binde them over to the next Ass or Sess where if they again refuse it they shall incur a Praemunire except women covert who in that case shall onely suffer imprisonment till they take it The Tenor of the Oath is as followeth CVIII I A. B. do truly and sincerely acknowledge profess testifie and declare in my conscience before God and the world that our Sovereign Lord King James is lawful and rightful King of this Realm and of all other his Majesty's Dominions and Countries and that the Pope neither of himself nor by any authority of the Church or See of Rome or by any other means with any other hath any power or authority to depose the King or to dispose of any of his Majesty's Kingdoms or Dominions or to authorize any forein Prince to invade or annoy him or his Countries or to discharge any of his Subjects of their allegiance or obedience to his Majesty or to give licence or leave to any of them to bear arms raise tumults or to offer any violence or hurt to his Majesty's Royal person state or government or to any of his Majesty's Subjects within his Majesty's Dominions Also I do swear from my heart that notwithstanding any Declaration or Sentence of Excommunication or Deprivation made or granted or to be made or granted by the Pope or his
to the true intent of this Act shall be void Decies tantum * I. Stat. 38 E. 3.12 If a Juror take any thing of either party to give his verdict and be attainted thereof by process contained in the Article of Jurors of the 34 E. 3.8 which see in Jurors he shall pay ten times so much as he hath taken to be divided betwixt the King and the prosecutor And all imbraceors that procure such Inquest shall incurre the like punishment II. If the Juror or Embraceor have not whereof to make gree he shall suffer a years imprisonment III. But no Justice or other Officer shall inquire of this offence ex officio Declaration I. Stat. 36 E. 3.15 By the ancient terms and forms of pleaders no man shall be prejudiced so that the matter of the action be fully shewed in the Declaration and in the writ Deeds and Writngs I. Stat. 1 M. Parl. 1 Sess 2. cap. 4. All Statutes Recognizances and writings made by or to any person since the sixth of July last and before August under the name of any other then the Queen shall be good II. This Act shall not extend to make good any letters patents commissons grants or other writings made by the Lady Jane Dudley since the said sixt of July last Demurrers I. Stat. 27 El. 5. After Demurrer joyned and entred the Judges shall proceed and give judgment according to the right of the cause and matter in law without regard to any defect in the proceeding except such onely as the party shall express together with his demurrer after which time no judgment shall be reversed by writ of Errour for any other defect then such as he shall there mention And if there happen to be any other the Judges may amend them II. This Act shall not extend to the proceeding in an Appeal of felony or murther upon an Indictment Presentment or penal Statute Dilapidations I. Stat. 13 El. 10. If any Ecclesiactical persons who are bound to repair the buildings whereof they are seized in right of their Place or Function suffer them to fall into decay for want of repair and make fraudulent gifts of their personal estate with purpose to hinder their successors from recovering dilapidations against their executors or Administrators in such case the successors shall have like remedy in the Ecclesiastical Court against the grantee of such personal estate as he might have had against the executor or administrator of the predecessor II. Stat. 14 El. 11. All moneys recovered for dilapidations shall within two years be imployed upon the buildings for which they were paid in pain to forfeit to the Queen c. double so much as shall not be so imployed ☞ Deceit * I. West 1.29 3 E. 1. If any person do act or consent to any thing in deceit of the Court or party and thereof be attainted he shall suffer a year and a days imprisonment at least and if he be a pleader he shall be also expelled the Court and if they shall deserve greater punishment it shall be at the King's pleasure II. Officers Criers of Fee and Marshals of Justices in Eyre shall not take money otherwise then they ought to do in pain to pay the treble thereof to the complainants III. Stat. 2 E. 3.17 A Writ of deceit shall be maintainable as well in case of garnishment touching a Plea of land as in case of summons in Plea of land Discontinuance of right or estate I. Stat. 11 H. 7.20 If a woman that hath an estate in Dower for life or in tail joyntly with her husband or onely to her self or to her use in any lands c. of the Inheritance or purchase of her husband or given to the husband and wife by the husbands ancestors or any seized to the use of the husband or his ancestors do sole or with an after taken husband discontinue or suffer a recovery by coven it shall be void and he to whom the land ought to belong after the death of the said woman may enter as if the woman were dead without discontinuance or recovery II. Provided that the woman may enter after the husbands death but if the woman were sole the recovery or discontinuance barreth her for ever III. This Act extends not to any recovery or discontinuance with the heir next inheritable to the woman or by his consent of record enrolled Discontinuance of process I. Stat. 11 H. 6.6 No suit before Justices of Peace shall be discontinued by a new Commission of Peace II. Stat. 1 E. 6.7 The death of the King shall not discontinue any suit betwixt party and party neither shall the variance between the original and judicial process in respect of the King's name be material as concerning any default to be alledged therefore III. Assizes of Novel disseisin Mortdancester Juris utrum or Attaints shall not be discontinued by reason of death new Commissions Associations or the not coming of the same Justices or any of them IV. Preferment of the demandant or plaintiff to be Duke Archbishop Marquess Earl Vicount Baron Bishop Knight Justice of the one Bench or the other or Serjeant at Law shall not make the suit abatable V. Preferment of a Justice of Assize Goal-delivery or Peace or of any other Commissioner to the dignities aforesaid or to be Sheriff shall not lessen his power But note that to be Sheriff is altered by 1 M. Parl. 1.8 which see in Sheriffs VI. New Justices of Goal-delivery may give judgment of a prisoner found guilty of treason or felony though he were reprieved by other Justices VII No process or suit before Justices of Assize Goal-delivery Oyer and Terminer or Peace or other of the King's Commissioners shall be discontinued by a new Commisson or by the alterations of any of their names ☞ Dispensations I. Stat. 28 H. 6.16 All Bulls Breves Faculties and Dispensations from the Bishop or See of Rome to any of the Kings subjects in any of the Kings Dominions shall be void and shall not be used in pain of a Praemunire II. Former lawfull marriages are confirmed III. A confirmation of all Arch-bishops and Bishops and their authority and of other Ecclesiastical persons and orders by authority of this Act and not by any forreign power IV. The effect and contents of all Bulls Breves and other faculties purchased of the See of Rome which are allowable shall be confirmed under the great Seal Distresses I. Stat. de districtione Scaccarii 51 H. 3. The owner of impounded cattel may give them food without disturbance II. A distress taken for the Kings debt shall not be sold within fifteen days and upon shewing of a tallie and giving surety for his appearance in the Exchequer upon the next accompt the distress shall cease the Sheriff shall also attach the party that received the debt to be there also at the same time III. Neither draught nor cattel nor sheep shall be distrained except for damage feasant so long as other goods may be
a year and a day after the fact IV. West 2.12 13 E. 1. Upon a false appeal by malice the Appellor shall suffer a year's imprisonment make fine to the King and recompence dammages to the Appellant at the discretion of the Justices V. When the Appealor is not able to satisfie dammages and an Abettor through malice is also found by the same Inquest such Abettor shall also be punished by imprisonment and restitution of dammages as before VI. Articult Cleri ca. 10. 9 E. 2. Thieves and Appealors whensoever they will may confess their offences to Priests but let the Confessors beware that they inform them not erroneously VII Stat. of Appeals 28 E. 1. When any are appealed by provers the Sheriff shall by the King 's Writ under the testimony of the Justices that delivered those provers bring such appealees to the Gaols where the provers or appealors are kept to answer before the same Justices and if the Appealees will be tried by the Country the Sheriff shall also by a judicial Writ from the same Justices cause an Inquest to appear VIII The Sheriff and others in whose custody such Appealors are kept shall receive such Appealees without contradiction IX Stat. 1 H. 4.14 All appeals of things done within the Realm shall be tried by the laws thereof and of those done out of the Realm by the Constable and Marshal of England for the time being Appeals to Rome * I. Stat. 24 H. 8.12 All causes testamentary and of Matrimony divorces rights of tithes oblations and obventions shall be adjudged within the King's Authority and not elsewhere II. The Prelates of this Realm may execute all Sacraments Sacramentals Divine Service and all other things to the King's subjects which they ought to doe notwithstanding any-appeal to Rome or any other forein power whatsoever III. If any spiritual person for fear of any forein power shall refuse so to doe he shall make fine and ransom at the King's pleasure IV. Whosoever procureth from the See of Rome or any other forein Court any appeals process sentences c. shall incurr a Praemunire provided by the Statute of 16 R. 2.5 which see in Proviso 8. V. Appeals in cases Ecclesiastical shall be sued from the Archdeacon or his Official to the Bishop Diocesan and when the cause is commenced before the Bishop Diocesan or his Commissary within 15 days after sentence an appeal may be made from thence to the respective Archbishop of the Province to be there definitively adjudged VI. When the cause is commenced before an Archdeacon of any Archbishop or his Commissary the appeal may be made within 15 days after sentence to the Court of Arches or audience of the same Archbishop and from the Arches or audience within 15 days after sentence there to the Archbishop himself to be finally determined without any farther appeal VII When the cause is commenced before the Archbishop himself it shall be there determined without any farther appeal saving to the Archbishop and Church of Canterbury the due prerogative heretofore used VIII When the cause or suit concerns the King the party grieved may within fifteen days after sentence appeal from any of the said Courts to the Prelates assembled by the King 's Writ in the Convocation being or next ensuing in the Province where the suit was begun and there it shall be finally-determined IX If any shall hereafter pursue any appeal contrary to this Act or shall refuse to obey it he shall incur a Praemunire Apprentice I. Stat. 12 H. 7.1 The makers of Worsteads Sayes and Stamins in Norfolk are enabled to take Apprentices and any person may also put Apprentices unto them so that they keep not above two Apprentices at most at one time Appropriations I. Stat. 15 R. 2.6 In every License made in Chancery of the Appropriation of any Church this shall be contained viz. That the Diocesan shall ordain according to the value of such Churches a convenient summ to be yearly distributed out of the profits thereof to the poor of the Parish by the appropriators and their successors for ever and also that the Vicar shall be sufficiently endowed II. Stat. 4 H. 4.12 The Statute of 15 R. 2.6 shall be duly executed and Appropriations made since that Statute contrary thereunto shall be reformed before Easter or else to be void except Haddenham in the Isle of Ely III. All Vicarages annexed or appropriated since 1 R. 2. shall be void IV. In every Church so appropriate a secular person shall be ordained Vicar canonically instituted and inducted in the same and conveniently endowed by the discretion of the Ordinary to doe Divine Service inform the people and keep hospitality there except Haddenham aforesaid and no Religious shall be hereafter made Vicar in any Church so appropriate Approvements I. Merton Cap. 4. 20 H. 3. Lords of Wastes or Commonable woods or pastures may approve against their Tenants part thereof so that they leave sufficient common besides together with free egress and regress to enjoy the same And the truth thereof shall be enquired by Assise wherein dammages shall be given to the Plaintiff if he recover and the disseisors shall be amercied II. West 2. cap. 46. 13 E. 1. The Statute of Merton shall not onely binde the Lords Tenants but neighbours also which claim common of Pasture as appurtenant to their Tenements but if any claim common by special seoffment or grant for a certain number of beasts or otherwise which is due to him of common right he shall recover the same according to the form of such grant III. By occasion of a Wind-mill Sheep-cote Dairy inlarging of a court necessary or courtilage none shall be grieved by Assise of Novel disseisin for common of Pasture IV. If any upon just title of approvement do make a ditch or hedg for that purpose which afterwards is thrown down by some who cannot be discovered by verdict of the Assise or Jury and the Towns adjoyning will not indite such as are guilty of the fact in such case the said Towns shall be distrained to level again such ditch or hedg at their own costs and shall also yield dammages V. Stat. 3 E. 6.3 The Statute of Merton cap. 4. and West 2. cap. 46. are confirmed VI. Upon Judgment for the Plaintiff in an Assise upon any branch of the said Statutes of Merton or West 2. the Court shall award treble dammages VII This Act shall not extend to houses heretofore built upon wastes or commons not having above 3 Acres of such waste or common-ground belonging to them nor to any Garden Orchard or Pond there not exceeding two Acres neither yet shall it cause any person to lose or forfeit any pain or dammage for the same but such houses and grounds shall still stand and remain howbeit the owners of such wastes or commons may lay open so much thereof as shall exceed three Acres VIII Stat. 43 El. 11. All Contracts or Bargains made of part of such wastes commons or
successours or by any authority derived or pretended to be derived from him or his See against the said King his heirs or successors or any absolution of the said Subjects from their obedience I will bear faith and true allegiance to his Majesty and him and them will defend to the uttermost of my power against all conspiracies and attempts whatsoever which shall be made against his or their persons their Crown and dignity by reason or colour of any such Sentence or Declaration or otherwise and will do my best endeavour to disclose and make known unto his Majesty his heirs and successours all treasons and traitorous conspiracies which I shall know or hear of to be against him or any of them And I do further swear that I do from my heart abhor detest and abjure as impious and heretical this damnable Doctrine and Position That Princes which be excommunicated or deprived by the Pope may be deposed or murthered by their Subjects or any other whatsoever And I do believe and in my conscience am resolved That neither the Pope nor any person whatsoever hath power to absolve me of this Oath or any part thereof which I acknowledg by good and full authority to be lawfully ministred unto me and do renounce all pardons and dispensations to the contrary And all these things I do plainly and sincerely acknowledge and swear according to the express words by me spoken and according to the plain and common sense and understanding of the same words without any equivocation or mental evasion or secret reservation whatsoever And I do make this recognition and acknowledgment heartily willingly and truly upon the true faith of a Christian So God me help CIX Unto this Oath the party taking it shall subscribe his name or mark CX No Indictment against a Recusant shall be reversed for lack of form other then by direct traverse to the point of not coming to Church or not receiving the Sacrament as aforesaid CXI The party conforming himself shall from thenceforth be admitted to discharge or reverse an Indictment CXII None shall go out of this Realm to serve any forein Prince or State without first taking the Oath aforesaid in pain to be adjudged a felon And if he have born office amongst Souldiers before his departure out of the Realm he shall enter into Bond unto the King's use with the Condition following upon like pain of being adjudged a felon The Condition is this CXIII That if the within bounden c. shall not any time then after be reconciled to the Pope or See of Rome nor shall enter into nor consent unto any practice plot or conspiracy whatsoever against the King's Majesty his heirs and successors or any his or their estate or estates Realms or Dominions but shall within convenient time after knowledge thereof had reveal and disclose to the King's Majesty his heirs and successors or some of the Lords of his or their honorable privy Council all such practices plots and conspiracies That then the said Obligation to be void CXIV None but the Customer and Controller of a Port or their deputies shall have power to take such bond or to minister the Oath in such case for which bond they shall onely take 6 d. and nothing for the Oath and shall once every year certifie into the Exchequer every such bond in pain of 5 l. and every such oath in pain of 20 s. CXV To absolve or withdraw any of the King's Subjects from their natural obedience to his Majesty to reconcile them to the Pope or See of Rome or to move them to promise obedience to any pretended authority of the See of Rome or to any other Prince or State or to be absolved withdrawn reconciled or to make promise as aforesaid shall be adjudged High Treason CXVI This last clause shall not extend to any reconciled as aforesaid for and touching the point of so being reconciled onely that shall return into this Realm and within six days after before the Bishop of the Diocess or two Justices of Peace jointly or severally of the County where he shall arrive submit himself to the King and his Laws and take the Oath of Supremacy and also the Oath abovesaid which said Oaths the said Bishop and Justices respectively shall by this Act have power to minister to such persons and shall certifie them in at the next General Sessions in pain of 40 l. CXVII Here the trial of Treason shall be before Justices of Assize and Gaol-delivery of that County for the time being and may also be before the Justices of the King's Bench but Peers in this case shall be tried by their Peers CXVIII If any person repaireth not every Sunday to some Church or Chappel proof thereof being made to a Justice of Peace by the partie 's own confession or the evidence of one witness the same Justice hath power to call the party before him and if the party give not the Justice a good reason of his absence the Justice may give warrant to the Church-wardens of the Parish under his hand and seal to levy 12 d. for every such default by distress and sale of goods and in default of distress the Justice may commit the offender to prison until he pay the forfeiture aforesaid which shall be imployed for the use of the poor but this offence must be prosecuted within one moneth after it is committed and none punished by this Law shall also be punished by the forfeiture of 12 d. upon the Stat. of 1 Eliz. 2. Which see in Sacrament CXIX None shall keep or retain any person in their house servant or other which shall forbear to come to Church by the space of a moneth together in pain to forfeit 10 l. for every moneth they so keep them Howbeit children may relieve their father or mother and Guardians their Wards or Pupils CXX The Sheriff upon a lawful Writ may justifie to break an house for the taking of a Recusant excommunicate CXXI The Justices of the King's Bench and Justices of Assize and Gaol-delivery may hear and determine all the offences committed against this Act and so may Justices of Peace all save Treason CXXII The offences made felony by this Act shall not cause loss of Dower corruption of bloud or disherison of heirs CXXIII Here if an Action shall be brought against an Officer for the execution of this Act he may plead the general issue and yet give special matter in evidence CXXIV This Act shall not abbridge the jurisdiction of Ecclesiastical censures CXXV None shall be punished for his wife's offence neither shall any married woman be chargeable with any penalty or forfeiture by force of this Act. CXXVI Six of the Privy Council whereof the Lord Chancellor Lord Treasurer or Principal Secretary shall be one have power to minister the Oaths abovesaid to noble men being 18 years old and to noble women also of the like age and unmarried who shall take the same Oaths accordingly in
all Cathedral and other Churches and to proceed against them according to the Canon Laws Vide Rast Abridg. Edit prom Excommunicato capiendo I. Stat. 5 El. 23. Every writ de Excommunicato capiendo shall be made in Term-time and returnable in the King's Bench the next Term after the teste thereof having 20 days betwixt the teste and return II. After the writ shall be sealed it shall be forthwith brought into the King's Bench and there opened and delivered of record to the Sheriff or other Officer or their Deputies to whom the execution thereof appertains and then if the Sheriff or other Officer do not duly execute it the Justices there shall amerce him at their discretion and estreat the amerciament into the Exchequer III. At the return of the writ the Sheriff or c. shall not be compelled to bring the party arrested in the King's Bench but onely return the writ with a short declaration how it was executed to the end the Justices may proceed therein according to the tenor of this Act. IV. If the Sheriff or c. return a Non est inventus then shall issue out of the King's Bench a Capias returnable in Term-time two moneths at least after the teste thereof with a Proclamation to be made ten days at least before the return at the County-Court Assize Gaol-delivery or Sessions that the party shall within six days after such proclamation yield his body to the Gaole and there remain as a Prisoner in pain of 10 l. And what shall be done therein and thereupon shall be returned by the Sheriff or c. V. If upon the return it appear that the party hath not rendred himself prisoner upon the first Capias he shall forfeit 10 l. more to be estreated as aforesaid and then a second Capias shall be awarded against him with proclamation as before and a pain to forfeit 20 l. whereupon if he do not render himself prisoner he shall forfeit 20 l. to be estreated by the Justices as aforesaid And then a third Capias shall be awarded with like proclamation and pain and then a fourth and so infinitely untill he render himself prisoner upon the several returns whereof he shall forfeit 20 l. to be estreated as aforesaid VI. The party yielding his body shall be committed to prison in like sort as if he had been taken upon the Excom cap. VII If the Sheriff c. makes a false return upon any of the said writs he shall forfeit to the party grieved 40 l. VIII The Bishops authority to receive submission and deliver the excommunicate is saved according to the former usage viz. by a certificate thereof into the Chancery from the Bishop and then a writ from thence to deliver the prisoner IX In Wales the Counties Palatines of Lancaster Chester Durram and Ely and in the Cinque-ports being Jurisdictions exempt where the Queen's writ runneth not a Significavit being of Record in Chancery shall be sent by Mittimus to the Justices or head-officers there who shall then proceed against the excommunicate as the King's Bench is above directed X. Persons in person beyond sea under age of non sane memory or Covert shall not incur the penalties aforesaid XI If in the Excom cap. the excommunicate have not a sufficient addition according to the Statute of 1 H. 5.5 Or if in the Significavit it be not contained that the excommunication proceeds upon some cause or contempt of some original matter of heresie refusing to have his child baptized to receive the Sacrament to come to Divine Service or errour in matters of Religion or Doctrine Incontinency Usury Simony Perjury in the Ecclesiastical Court or Idolatry he shall not incur the penalties aforesaid XII If the addition be with a Nuper of a place the first Capias and proclamation shall issue forth without any penalty and in such case also if the party be proclaimed in a County where he is not for the most part resiant he shall not incur the forfeitures aforesaid Execution I. Stat. 2.18 13 E. 1. He that recovereth debt or damages in the King's Court may at his choise have a fieri facias of the land and chattels of the debtor or a Writ for the Sheriff to deliver him all the chattels of the debtor except Oxen and Plough-beasts and the moiety of his land by a reasonable extent till the debt be levied and if he be ejected out of the land he shall have an Assize and afterward a writ of disseisin if need be And this last writ is called an Elegit II. Stat. 2.45 13 E. 1. For all things recorded before the King's Justices or contained in fines whether Contracts Covenants Obligations Services for Customs acknowledged or any other things inrolled a writ of execution shall be within the year But after the year a Scire facias whereupon if satisfaction be not made of good cause shewed the Sheriff shall be commanded to do execution III. In like manner also shall the Ordinary be commanded in his case Howbeit as concerning a Mesne which by recognizance or judgment is bound to acquit what is said is before which see in Mesne 1. must be observed IV. Stat. 32 H. 8.5 If lands delivered in execution on just cause be recovered without fraud from the tenant in execution before he shall have levied or received his whole debt and damages he may have a Scire facias out of the Court from whence he had the execution returnable into the same Court at a day 40 days at least after the date of such Scire facias At which day if the defendant being lawfully warned make default or do appear and do not plead a sufficient cause other then the former acceptance of the lands to avoid the said suit for the residue of the said debt and damages the said Court shall issue forth a new writ of execution for the levying thereof V. Stat. 1 Ja. 13. If any taken in execution be delivered by priviledge of Parliament as soon as such priviledge ceaseth the Plaintiff his executors or administrators may sue out a new execution against him and the Sheriff or other Officer shall not be chargeable for the first arrest VI. This Act shall not lessen the punishment of any by censure of Parliament who shall presume to procure such an arrest VII Stat. 3 Jac. 8. No execution shall be stayed upon any writ of Errour or Supersedeas thereupon for the reversing of a judgment in any action of debt or upon any contract in the Courts at Westm of the Counties Palatine of Laneaster and Chester or of the great Sessions in Wales unless the Plaintiff with two sufficient sureties such as the Court shall like of shall first be bound to the party for whom such judgment is given by recognizance in the same Court in double the summe adjudged to prosecute the said writ of errour with effect and to pay if the judgment be affirmed all debts damages and costs so adjudged and all
costs and damages for delaying of execution by the writ of errour VIII Stat. 21 Jac. 24. The party or parties at whose suit any person shall stand charged in execution for debt or damages recovered their executors or administrators may after the death of the person so charged in execution lawfully sue forth new execution against the lands and tenements goods and chattels of the person so deceased in like manner as if the person deceased had never been taken in execution Howbeit this Act shall not extend to lands sold bonâ fide after the Judgment given when the money raised thereupon is paid or secured to be paid to Creditors in discharge of due debts IX For further remedy against the inconvenience of staying Execution after judgment in part provided against by the Stat. 3 Jac. cap. 8. no Execution shall be stayed in any of the said Courts by writ of Errour or Supersedeas after Verdict and Judgment in action of debt upon the Stat. 2 E. 6. for tithes promise for payment of money Trover Covent Detinue or Trespass unless such recognisance in the same Court be first entred as directed by the said Statute And if Judgment be affirmed the party presenting such writ or error shall pay double cost for such delay X. Proviso this Act not to extend to any popular action except Stat. 2 E. 6. for tithes nor to any Indictment Information Inquisition or Appeal XI Stat. 16. 17 Car. 2. cap. 8. After a Verdict of 12 men in any action suit bill or demand comenced after the 25 of March 1665 in any the Courts of Record at Westminster or Courts of Record in the County Palatine of Chester Lancaster or Durram or Courts of the Great Session or in any of the 12 Shires of Wales Judgment thereupon shall not be stayed or reversed for default in form or lack of form or lack of pledges or but one pledge to prosecute returned upon the original writ or for default of entring of pledges upon any Bill or declaration or for default of bringing into Court of any Bond Bill Indenture or other deed whatsoever mentioned in the declaration or other pleading or for default of allegation of the bringing into Court of letters Testamentary or letters of Administration or by the reason of the omission of 6 c. armis or Contra pacem or for mistaking of the Christian-name or Sur-name of the Plaintiff or Defendant Demandant or Tenant summe or summes of money day moneth or year by the Clerk in any Bill Declaration or Pleading where the right name Sur-name summe day moneth or year in any Writ Plaint Roll or Record proceeding or in the same Roll or Record where the mistake is committed is rightly alledged whereunto the Plaintiff might have demurred and shewn the same for cause Nor for want of the averment of Hoc paratus est verificare or Hoc paratus est verificare per Recordum or for not alledging Prout patet per Recordum or for that there is no right venue so as the cause were tried by a Jury of the proper County or place where the action is laid XII Nor any Judgment after verdict confession by cognovit actionem or relicta verificatione shall be reversed for want of Miserecordia or Capiatur or by reason that a Capiatur is entred for a Miserecordia or a Miserecordia for a Capiatur Nor that Ideo concessum est per Curiam is entred for Ideo confideratum est per Curiam nor for that encrease of costs after a verdit in any action or upon a nonsuit in Replevin are not entred to be at the request of the party for whom the Judgment is given nor by reason that the costs in any whatsoever are not entred to be by consent of the Plaintiff But that all such omissons variances defects and other matters of like nature not being against the right of the matter of the suits nor whereby the issue or tryall are altered shall be amended by the Justices and other Judges of the Courts where such Judgments are or shall be give or whereupon the Record is or shall be removed by writ of Errour Provided this Act extend not to any Writ Declaration or suit of Appeal of Felony or Murther nor any indictment or presentment Felony Murther Treason or other matter nor to any process upon any of them nor to any Writ Bill Action or information upon any penal Statute other then concerning Customes and Subsedies of Tunnage and Poundage XIII And after the 20 of March 1664. No Execution shall be stayed in any of the aforesaid Courts by writ of Errour or Supersedeas thereupon after verdict and judgment in any action personal whatsoever unless a recognizance with condition according to the former Statute made 3 Jacob. cap. 8. shall be first acknowledged in the Court where such judgment shall be given XIV In writs of Errour to be brought upon any judgment after verdict in any writ of Dower or of Ejectione firmae no Execution shall be stayed unless the Plaintiff in such writ or Errour shall be bound unto the Plaintiff in such writ of Dower of Ejectione firmae in such reasonable summe as the Court to which such writ of Errour shall be directed shall think fit with condition that if the judgment shall be affirmed in the said writ of Errour or the writ of Errour discontinued in the default of Plaintiff therein or that the said Plaintiff be nonsuit in such writ of Errour that then the Plaintiff shall pay such costs damages and summes of money as shall be awarded after such judgment affirmed discontinuance or nonsuit And the Court wherein such execution ought to be granted upon such affirmation discontinuance or nonsuit shall issue a writ to enquire as well of the mean profits as of the damages by any waste committed after the first judgment in Dower or Ejectione firmae And upon return thereof Judgment shall be given and Execution awarded for such mean profits and damages and for costs of suit Provided this Act extend not to any writ of error to be brought by any Executor or Administrator nor any action popular nor to any other action which is or shall be brought upon any penal Law or Statute except actions of debt for not setting forth of tithes nor to any Indictment Presentment Inquisition Information or Appeal This Act to continue in force for 3 years and to the end of the next Session of Parliament after the said 3 years and no longer Execution of Statutes I. Stat. 3 H. 7.1 The Lord Chancellor Treasurer and Privy Seal or any two of them calling to them a Bishop a Lord of the Council and the two chief Justices or two other Justices in their absence upon bill of information put to the Chancellor for the King or any other for maintenance retainers embraceries untrue demeanings of Sheriffs taking of money by Juries great Riots or unlawful assemblies have authority to call before them by writ or privy Seal
Vessel than belonging to the places of France c. and manned as aforesaid shall be adjudged aliens goods and pay Custonis and Duty to the Town or Port where they shall be imported And all Masts Timber-boards c. of the growth of Spain Canary Islands Portugal Madera Western Islands Muscovy or Russia imported in any other Ships than of the said places And all Turky Commodities otherwise imported than as aforesaid shall pay Customes as Aliens goods LXXII Officers of the Custome may not allow any the Priviledges aforesaid to foreign built ships nor English built ships for forein goods without certificate and proof by oath taken before them and examination whether the Master and 3 fourths of the Mariners be English or of the Countrey from whence the goods come upon pain to forfeit their places LXXIII Proviso to exempt coming from the Straights or Levant though not of the very growth of the said places LXXIII Proviso Not to restrain the importing any East-India Commodities in English-built shipping manned with Mariners as aforesaid from usual places in those Seas to the Southward though not of the said growth LXXIV Proviso That the People of England Ireland Wales Guernsey and Jersey Islands and Berwick may bring in English Ships manned as aforesaid from any Ports of Spain or Portugol or Western Islands called Azores or Madera or Canary Islands all sorts of Commodities of their growth manufacture or Plantations LXXV Proviso Not to extend to Bullion or Goods taken by reprisal by any Ship of England Ireland Wales Guernsey Jersey Islands or Berwick Navigated as aforesaid and having Commission from the King LXXVI Proviso Not to extend to lay Aliens duties upon Corn and certain other goods of Scotland imported in Scotch Ships Navigated by 3 fourths of the Kings Subjects nor to Seal Oyls of Kussia LXXVII Proviso Imposing duties upon certain French Ships to continue so long as a certain duty of 50 Soulz per Tun upon English by the French shall be payable and 3 months after and no longer LXXVIII Sugars Tobacco Cotton Wooll Indico Ginger Fustick or other dying Wood of the production of America Asia or Africa shall not be shipt or conveyed from any the said Plantations but such other as belong to the King or to England Ireland or Wales and there laid on shore upon pain of forfeiture one moity to the King the other moity to the Informer LXXIX Ships of England Ireland or VVales sailing to any English Plantation in America Asia or Africa shall give sufficient sureties to bring goods there laded into England Ireland VVales or Berwick upon Tweâ—d And likewise Ships coming from other Plantations shall give the like Sureties and shall bring Certificates to the respective Governors of the said Plantations from the Officers of the Custome-House of England c. of their having given suâ—h Bonds upon pain of forfeiture of the Ships offending their Goods Tacklings c. And the said respective Governors to return the Bonds so taken twice every year to the chief Officers of the Custome-House of London LXXX Stat. 13 Car. 2. cap. 9. Articles to be observed for the Publique Worship of God punishing certain offences and for the regulating and better governing of the Kings Navies Ships of War and Forces by Sea And impowring the Lord Admiral to grant Commissions to call Court-Marshals LXXXI All faults misdemeanors and disorders committed aâ— Sea not mentioned in the Act to be punished according to the Laws and Customs in such cases used at Sea LXXXII Proviso Not to extend to give the Lord Admiral of England or other his Officers any other Power Jurisdiction or Authority then they ought to have before this Act other then touching the said offences mentioned in the said Articles done upon the main Sea or in Ships or Vessels in the main stream of great Rivers only beneath the Bridges nigh the Sea within the Jurisdiction of the Admiralty and committed only by such persons as be in actual service and pay in the Kings Fleet or Ships at Sea LXXXIII Stat. 16 Car. 2. cap. 7. An Act to prevent the disturbance of Seamen and others and to preserve the Stores belonging to his Majesties Navy Royal. Vid. the Act being but upon continuance for two years from the First of June 1664. And from thence to the end of the next Session of Parliament LXXXIV Stat. 16 Car. 2. cap. 8. An Act to prevent the delivering up of Merchants ships to Pyrats and Sea-Rovers having sufficient to defend themselves Vid the Act being but upon Continuance for 3 years and from thence to the end of the next Session of Parliament and no longer Silk * I. Stat. 19 H. 7.21 None shall bring or cause to be brought into England any Silk wrought by it self or with other stuff out of England in Riband Laces Girdles Corses Calles Corses or Tissues or Points in pain to forfeit the same or the value thereof to be divided betwixt the King and the seisor or prosecutor But all other Silk both wrought and raw may be imported and sold at pleasure II. Stat. 14 Car. 2. cap. 15. An Act incotporating and for regulating ordering and managing the Trade and Mystery of Silk-throwing See the Act. Southampton I. Stat. 11 H. 7.5 Every man may pull down the Wears and Engines in the Haven of Southampton between Calshord and Rebridge And whosoever levieth any other there shall pay 100 l. to the King II. Stat. 14 H. 8.13 A confirmation of 11 H. 7.5 and the same made perpetual III. Stat. 4 Jac. 10. An Act was made for the confirmation of some part of a Charter granted by H. 6. to the Mayor Bailiffs and Burgesses of Southampton and for the relief of the Town See the Statute at large Spice I. Stat. 1. 19 Jac. 19. All Spice Drugs and other Merchandize Garbleable shall for the fees usually allowed be sufficiently cleansed and Garbled and afterwards sealed by the Garbler thereto appointed or his Deputy before they be sold in pain to forfeit them or the value thereof Also such as after Garbling shall be again mixed with Garble shall likewise be forfeit II. It shall be lawful for the said Garbler to search in Shops Cellars Ware-houses and other places for wares ungarbled and if he find any such to cause them to be Garbled III. The forfeitures of this Act are to be divided betwixt the King and the prosecutor IV. Spices or other Garbleable Merchandize imported and afterwards within eight months exported without being sold or Garbled shall not be within the danger of this Act. Spiritual Laws I. Stat. 13 El. 12. Every Spiritual person under the degree of a Bishop pretending to be a Priest or Minister of the Word by any other form of Institution or Consecration then that established by E. 6. or now used shall before Christmas next in the presence of the Bishop or Guardian of the Spiritualties of the Diocess where he hath his Benefice declare his assent and subscribe to the Articles of Religion
put forth by the Queens Authority and shall bring from such Bishop or Guardian under his seal a Testimonial thereof and publikely on some Sunday at Evening-prayer where his Benefice is read the said Testimonial and Articles in pain to be ipso facto deprived of all his Spiritual Promotions as if he were dead II. If any Ecclesiastical person having a Benefice shall maintain any Doctrine repugnant to the said Articles and being therefore convented before the Bishop Ordinary or High Commission shall persist therein or after revocation thereof shall affirm the same again it shall be lawful for such Bishop Ordinary or High Commission to deprive him III. None shall be admitted to a Benefice with Cure unless he be a Deacon and of the age of 23 years and shall subscribe the said Articles in the presence of the Ordinary and publikely read them in the Church of his Benefice and declare his assent thereunto IV. Every person hereafter to be admitted to a Benefice with Cure shall within two months after his Induction publikely read the said Articles in the Church whereof he hath the Cure in Common-prayer-time with declaration of his assent thereunto and be admitted to administer the Sacraments within one year after his said Induction if he be not admitted before in pain upon every such default to be deprived ipso facto V. None shall be made Minister or admitted to preach or administer the Sacraments under the age of 24 years nor unless he first bring to the Bishop from four known to the Bishop to be of sound Religion a Testimonial of his life and Doctrine expressed in the said Articles and be able to render an account of his Faith in Latine according to the said Articles or have special gift or ability to be a Preacher Neither shall any be admitted to be a Deacon or Minister unless he first subscribe the said Articles VI. None shall be admitted to a Benefice with Cure af 30 l. per annum in the Queens books unless he be a Batchelor of Divinity or a Preacher lawfully allowed by some Bishop or one of the Universities VII All Admissions Institutions Inductions to Benefices and all tolerations dispensations qualifications and licenses whatsoever to the contrary hereof shall be void in Law VIII Provided That no title to confer or present by lapse shall accrue upon any deprivation ipso sacto but after six months after notice of such deprivation given by the Ordinary to the Patron Spiritualty I. Stat. 4 H. 4.2 Pars inde The Statutes made in the 25 of E. 3. touching the Clergy of England shall be put in execution II. Stat. 4 H. 4.3 All Statutes Ordinances and Grants made by the Kings Progenitors Kings of England to the Clergy of England for the conversion of their Liberties and Priviledges and of the Liberties and Muniments of Holy Church not revoked shall be firmly observed and put in due execution Stanes I. Stat. 1 H. 8.9 An Act concerning the maintaining of the Bridge and Causey of Stanes and for the gathering of the toll there and the Letters Patents made of the toll there shall be void See the Statute at large Staple I. Stat. 2 E. 3.9 All Staples shall cease and all Merchants may come in and go out with their Merchandize at their pleasure according to the great Charter II. The Statute of the Staple Cap. 1. 27 E. 3. The Staple of English Wooll Leathers Woolfels and Lead shall be holden for England at Newcastle upon Tine York Lincoln Norwich Westminster Canterbury Chichester Winchester Excester and Bristol For Wales at Carmardin And for Ireland at Dublin Waterford Cork and Drogheda and not elsewhere III. When the said Merchandize is to be exported they shall be first brought to the said Staples to be Weighed by the standard and every sack and sarplet of wooll so weighed shall be sealed under the seal of the Mayor of the Staple IV. The wools so weighed and sealed at York Lincoln Norwich Westmiaster Canterbury and Winchoster and also Leather Woolfels and Lead which shall be brought thither the customes of the Staple being paid shall be witnessed by Bill under the seal of the Mayor of the Staple and shall be from thence conveyed to the Ports following viz. from York to Hull from Lincoln to Saint Bottolf alias Boston from Norwich to great Yarmouth from Westminster to London from Canterbury to Sandwich and from Winchester to South-hampton And there the Woolls and Lead shall be again weighed by the Customers assigned in the same Ports But the Woolls and Lead brought to Newcastle Chichester Exeter Bristol Carmerdin Dublin Waterford Cork and Drogheda shall be once weighed by the Standard in those several Ports in the presence of the Customers there V. An Indenture shall be made at the said Ports betwixt the Mayor of the Staple and the Customers there of all Wools Lead Lea her and Woolfels brought thither And they also shall be there customed and cocketed and the custom thereof duly paid which shall be for Denizens half a Mark for a sack of wooll and as much for 300 woolfels and a Mark for a last of Leather but for Aliens 10 s. for a sack of Wool 10 s. for a 1000 woolfels and 20 s. for a last of Leather and 3 d. for every Sow of Lead VI. The said Merchandize shall be transported beyond Sea from the said Ports by Merchant-strangers and not by English Welsh or Irish VIII Neither the Mayor nor Customers shall delay any man for gain nor take any more than appertaineth to their Offices in pain of imprisonment and to answer the party double of what is so taken together with his damages occasioned by such taking or delay and besides shall be ransomed at the Kings will VIII The Mayor of the Staple and the Customers shall take an oath of all Merchants that so transport the said Merchandize that they shall hold no Staple thereof beyond Sea IX Statutum Stapul cap. 4. None going to or coming from the Staple shall be disturbed by the Purveyors of the King or any other saving â—o the King all prices Royal and all carriages and victual as hath been accustomed X. Every Carrier returning from the staple shall have a Bill under the Mayors seal testifying that he serveth the Staple and containing his journeys home which Bill shall be freely granted and the Mayor shall be sworn to give no Bills to any but such as serve the Staple XI If any thing pertaining to the Staple be so taken Hue and Cry shall be levied after the offender by the Town where it is so taken or by the next and if it be within the Verge the offender shall be punished by the Kings Steward and Marshall but if out of the Vierge he shall be conveyed to the Goal and suffer as a Felon if the offence require it XII If the Town and Towns be negligent to arrest the offender the four Towns next adjoyning shall answer the party grieved his damages if they