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A66672 Statuta pacis, or, A perfect table of all the statutes (now in force) which any way concerne the office of a justice of peace cleerly also setting down the severall duties of sheriffes, head-officers of corporations, stewards in leets, constables, and other oficers, so far forth as the said statutes do in any sort concern them / faithfully collected, and alphabetically digested under apt tables by E.W.; Laws, etc. England and Wales.; Wingate, Edmund, 1596-1656. 1644 (1644) Wing W3023; ESTC R25185 131,829 308

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said Stat. of 23. El. or death no forfeiture shall insue save onely the arrerages due at the time of such submission or death XLIX The Lord Treasurer Chancellor and chiefe Baron or any two of them shall assigne a third part of the forfeitures of 20. l. a month for the reliefe and maintenance of the poore houses of Correction and maymed souldiers L. This Act shall not extend to Grants Bona side nor to continue any seisure after the death of the offender in such lands wherein he had only an estate for life or in the right of his wife LI Stat 33. El. 1. If any above sixteen yeeres of age shall be convicted to have without any just cause absented themselves above a month from Church impugne the Queenes authority in causes Ecclesiasticall or frequented Conventicles or perswaded others so to do under pretence of exercise of Religion they shall be committed to prison and there remaine till they shall conforme themselves and make such open submission as hereafter shall be prescribed And it within three months after such conviction they refuse to conforme and submit themselves being thereunto required by a Just of P. they shall in open Ass or Sess abjure the Realme and if such abjuration happen to be before Just of P. in Sess they shall make certificate thereof at the next Ass or Gaole delivery LII If such an offender refuse to abjure or go away accordingly or do returne without the Queens licence he shall be adjudged a felon and shall not enjoy the benefit of Clergy but if before he be required to abjure he make his submission the penalties aforesaid shall not be inflicted upon him LIII The forme of the submission is as followeth 1 A. B. do humbly confesse and acknowledge that I have grievously offended God in contemning ber Majesties godly and lawfull Government and authority by absenting my selfe from Church and from hearing Divine Service contrary to the godly Statuies and Lawes of this Realme and in using and frequenting disordred 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 or any clour or meanes of any dispensation that from henceforth I will from time to time obey and performe her Majesties Laws and Statutes in repairing to the Church and hearing Divine Service and do my uttermost endeavour to maintaine and defend the same LIV. The Minister of the Parish where the submission is made shall presently enter the same in a Book and within ten dayes after certifie it to the Bishop of the Diocesse LV. The offender that after such submission falleth into a relapse shall take no benefit thereby LVI The forfeitures of this Act and of 23. El. 1. may be recovered by Action of debt LVII The third part of the penalties which accrue by this Act shall be bestowed as those of 29. El. 6. LVIII 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 lands during life howbeit here shall be no corruption of blood losse of Dower or disherison of heire LVIX Stat. 35. El. 2. Recusants above sixteen yeares of age shall within forty dayes after their conviction repaire to their usuall dwelling and not remove above five miles from thence in paine to forfeit all their goods and their lands and annuities during life And if they have no certain abode then are they to repaire to the place where they were borne or where their father or mother dwels and within twenty dayes after their arrivall there to give their names in writing to the Minister Const and H. B. which Minister is to enter them in a Book to be kept for that purpose and he together with the said Const and Head Boroughs is to certifie the same to the next Qu. Sess where the Just of Peace shall cause them to be enrolled LX. A Copyholder also shall in this case forfeit his estate during life if his estate continue so long to the Lord of the Mannor if he be no Recusant convict nor seised or possessed in trust to the use of a Recusant for then the Queene shall have the forfeiture LXI A Popish Recusant being no Feme Covert nor having lands worth 20. Marks per annum or goods worth 40. l. which within the time above limited doth not repaire to the place of his abode or doth depart above five miles thence or within three months after his arrivall there doth not make the submission hereafter following being required so to do by the Bishop a Just of P. or the Minister there shall before two Justices of the Peace or the Coroner abjure the Kingdome which abjuration shall be by the said Justices or Coroner certified in at the next Assises or G. D. LXII If such Popish Recusant depart not the Realme within the time limited by the said Justices or Coroner or returne without the Queens licence he shall be adjudged a felon without Clergy LXIII A Jesuit or Priest refusing to answer shall be committed to prison and there remaine till he will answer the questions whereupon he was before examined LXIV This Act shall not restraine a Recusant urged by Processe or summons without fraud to travell without the abovesaid limits so he returne againe in convenient time neither him that is compelled to render his body to the Sheriffe LXV If such an offender before conviction upon a Sunday or some Festivall day repaire to Church and there heare Divine Service and before the Gospell make the confession following he shall be discharged of the penalties inflected by this Act. LXVI The confession is this 1. A. B. do humbly confesse and acknowledge that I have grievously offended God in contemning her Majesiies godly and lawfull government and Authority by absenting my selfe from Church and from hearing Divine Service contrary to the godly Laws and Statutes of this Realme 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 or within any of her Majesties Realmes or Dominions And I do promise and protest without any dissimulation or any colour or meanes of any Dispensation that from henceforth I will from time to time obey and performe her Majesties Laws and Statutes in repairing to the Church and hearing Divine Service and do my uttermost endeavour to maintains and defend the same LXVII The Minister of the Parish where such submission is made shall presently enter the same in a book and within ten dayes after certofie it to the Bishop of the Diocesse LXVIII The offender that after such submission falleth into a relapse shall take no benefit thereby
LXIX Every married woman shall be bound by this Act save only by the clause of Abjuration LXX Stat. 1. Jac. 4. All the aforesaid Statutes made in the time of Queene Eliz. shall be duely put in execution against all such as do not conforme themselves as aforesaid LXXI Where the Ancestor dies a Recusant the heire being none or conforming himselfe and taking the Oath of Supremacy before the Archbishop or Bishop of the Diocesse the lands shall be freed from all penalties LXXII If an heire within age after he shall have accomplished the age of 16. years doth still continue a Recusant his lands shall not be freed untill he do conforme and take the Oath of Supremacy as aforesaid LXXIII A third part of every Recusants lands shall remaine cleere unto him from seisure or extent and the other two parts shall remaine in the Kings hands both before and after the Recusants death untill the King shall be fully satisfied all the arrerages for the 20. l. a month according to 23. El. 1. LXXIV None shall send any child or other person under their government beyond the Seas to be instructed in the Popish Religion in paine of 100. l. and they which are so sent shall be incapable as to themselves only of any grant or Inheritance due unto them or to others for their use LXXV Ifa woman or child under the age of 21. yeares be suffered to passe the Seas without the licence of the King or of six of the Privy Councell under their hands except Saylors Ship-boyes or Merchants Factors or Apprentices the Officers of the Port shall forfeit their Offices and all their goods the Owner of the Ship his Ship and Tackle and the Master of the Ship all his goods and besides shall suffer a yeares imprisonment without Baile 119. LXXVI None out of the Universities shal keep Schoole except a Free Schoole or in some persons house that is no Recusant or by licence of the Bishop or Ordinary in paine to forfeit 40. s. a day LXXVII The forfeitures of this Act shall be divided bewixt the King and the Prosecutor LXXVIII Stat. 3. Jac. 4. A Recusant that conformes shall within one yeare after and so once every yeare at least receive the blessed Sacrament in paine to forfeit for the first yeare 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 yeare he shall forfeit 60. l. LXXIX These forfeitures may be recovered before Just of P. in Sess or in any other Court of record and are to be divided betwixt the King and the prosecuter LXXX 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 yeer at the Generall Sessions of Peace the monethly absence from Church of every Popish Recusant and their children being above the age of nine yeers and their servants together with the age of their children as neer 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. LXXXI 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 Recusants goods and estate as the more part of the Justices of Peace shall think fit LXXXII Just of Ass G. D. and P. have power to heare determin of all Recusants 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 render themselves to the Sheriffe or Bailiffe of the Liberty where they are before the next Ass G. D. or Sess respectively which if they do not that default being recorded shall be taken for as sufficient a conviction of them as a tryall by verdict LXXXIII Every offender not repairing to Church as aforesaid after their first conviction shall pay into the Exchequer in such of the Terms of Easter and Michaelmas as shall happen next after such conviction the summe then due for the forfeiture of 20. l. a moneth and yeerly 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 LXXXIV 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 Processe for the seisure of all the offenders goods and two parts of his lands and leases in case the 20. l. a moneth be not paid as aforesaid LXXXV The King may refuse 20. l. a moneth and take two third parts of the Recusants lands and leases but here he shall not include the Recusants Mansion house nor demise his two parts to a Recusant or to any other for a Recusants use And the Kings lessee for his two parts shall give such security against committing of waste as by the Court of Exchequer shall be thought sufficient LXXXVI It shall be lawfull for the Bishop of the Dioccsses or two Justices of P. one Quorum out of Sess to tender the Oath hereafter following to any person eighteen yeers old or above except noble men and noble women which stands convicted or indicted of Recusancy hath not received the Sacrament twice in the yeer next before or passing thorow the Countrey and examined upon oath confesseth or at least denyeth not that he or she is a Recusant or that he or shee hath not received the Sacrament twice in the yeer next before which Bishop or Justices shall certifie the name and dwelling of the person so taking the same Oath at the next generall Sess where the Clerk of the P. or Town Clerk shall record them LXXXVII If the parties refuse to answer upon oath or to take the Oath aforesaid tendered unto them the Bishop or Justices aforesaid shall bind them over to the next Ass or Sess where if they again refuse it they shall incurre a Praemunire except women covert who in that case shall only suffer imprisonment till they take it LXXXVIII The tenour of the Oath is as followeth 1 A. B. doe truly and sincerely acknowledge professe testifie and deelare in my conscience before God and the world That our Soveraigne Lord King James is lawfull and rightfull King of this Realme and of all other his Majesties Dominions and Countries And That the Pope neither of himselfe nor by any authority of the Church or See of Rome or by any other meanes with any other hath any power or authority to depose the King or to dispose of any of his Majeslies Kingdomes or Dominions or to authorize any forrain
Prince to invade or annoy him or his Countries or to discharge any of his subjects of their allegiance and obedience to his Majestie or to give licence or leave to any of them to beare armes raise tumult or to offer any violence or hurt to his Majesties Royall person state or government or to any of his Majesties subjects within his Majesties Dominions Also I doe sweare 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 successors or by any authority derived or pretended to be derived from him or his Sce against the said King his heires or successors or any absolution of the said subjects from their obedience I will beare faith and true allegiance to his Majestie his heires and successors and him 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 crowne and dignity by reason or colour of any such sentence or declaration or otherwise and will do my best endeavour to disclose and make knowne unto his Majesty his heires and successors all treasons and traiterous conspiracies which I shall know or heare of to be against him or any of them And I doe further sweare That I doe from my heart abhor detest and abjure as impious and hereticall 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 beleeve and in my conscience am resolved That neither the Pope nor any person whatsoever hath power to absolve mee of this Oath or any part thereof which I acknowledge by good and full authority to be lawfully ministred unto mee and doe renounce all pardons and dispensations to the contrary And all these things I do plainly and sincerely acknowledge and swear according to these expresse words by mee spoken and according to the plain and common sense and understanding of the same words without any equivocation or mentall evasion or secret reservation whatsoever And I do make this recognition and acknowledgement heartily willingly and truly upon the true faith of a Christian So help mee God LXXXIX Unto this Oath the party taking it shall subscribe his name or mark XC 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 XCI The party conforming himself shall from thenceforth be admitted to discharge or reverse an indictment XCII None shall go out of this Realm to serve any forrein Prince or State without first taking the Oath aforesaid in pain to be adjudged a felon And if hee hath born office amongst souldiers before his departure out of the Realme hee shall enter into bond unto the Kings use with the condition following upon the like pain of being adjudged a felon XCIII The condition is this That if the within bounden c. shall not at any time then after be reconciled to the Pope or See of Rome nor shall enter into nor consent unto any practice plot or conspiracie whatsoever against the Kings Majestie his heires and successors or any his or their estate and estates Realms or Dominions but shall within convenient time after knowledge thereof had reveale and disclose to the Kings Majesty his heires and successors or some of the Lords of his or their honourable privie Councell all such practices plots and conspiracies That then the said Obligation to be void XCIV 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 only take 6. d. and nothing for the Oath And shall once every yeer certifie into the Exchequer every such bond in paine of 5. l. and every such Oath in pain of 20. s. XCV To absolve or withdraw any of the Kings subjects from their naturall 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 XCVI This last clause shall not extend to any reconciled as aforesaid for and touching the point of so beingreconciled only that shall returne into this Realme and within six dayes after before the Bishop of the Diocesse or two Justices of P. jointly or severally of the County where hee shall arrive submit himselfe to the King and his lawes and take the Oath of Supremacie and also the Oath abovesaid which said Oathes 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 generall Sess in pain of 40. li. XCVII Here the tryall of Treason shall be before Justices of Ass and G. D. of that County for the time being and may also be before the Justices of the Kings Bench But Peers in this case shall be tryed by their Peers XCVIII If any person repaireth not every Sunday to some Church or Chappel proof thereof being made to a Justice of P. by the parties owne confession or the evidence of one witnesse 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-warden of the parish under his hand and seale to levie xii d. for every such default by distresse and sale of goods and in default of distresse the Justice may commit the offender to prison untill he pay the forfeiture aforesaid which shall be imployed ployed for the use of the poore 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 Statute of 1. El. 2. which see in Sacraments 24. XCIX None shall keep or retaine any person in their house servant or other which shall forbeare to come to Church by the space of a month together in paine to forfeit 10. l. for every month they so keep them Howbeit Children may relieve their Father or Mother and Guardians their Wards or Pupils C. The Sheriffe upon a lawfull Writ may justifie to breake a house for the taking of a Recusant Excommunicate CI. The Justices of the Kings Bench and Justices of Ass and G. D. may heare and determine all the offences committed against this Act and so may Justices of P. all save Treason CII The offences made felony by this Act shall not cause losse of Dower corruption of blood or disherison of heire CIII Here if an action shall be brought against an Officer for the execution of this Act