their Iurisdictions and Authority and to punish the same by admonition excommunication sequestration or deprivation and other censures and process in like form as heretofore hath béen used in like Cases by the Quéens Ecclesiastical Laws Provided always and be it enacted None shall be punished twice for the same Offence That whatsoever persons offending in the premisses shall for their offences first receive punishment of the Ordinary having a Testimonial thereof under the said Ordinaries Seal shall not for the same Offence eftsoons be convicted before the Iustices And likewise receiving for the said first Offence punishment by the Iustices shall not for the same Offence eftsoons receive punishment of the Ordinary Any thing contained in this Act to the contrary notwithstanding This Clause being in the affirmative doth not abrogate the Jurisdiction Ecclesiastical Ecclesiastical Jurisdiction not abrogated which was in the Ecclesiastical Judge before the making of the Statute for that no Negative words are here added as that he should proceed no otherwise or in no other manner or form than this Statute directs And therefore if any Parson Vicar c. deprave or observe not the Book of Common Prayer although this Act inflicts only the forfeiture of a years value and six months Imprisonment for the first Offence yet the Ecclesiastical Judge may for the first Offence deprive him notwithstanding this Act as he might have done if no form of punishment had been here appointed And the said Book being enjoined by Authority the Offence of depraving or non-observing it is punishable by the Ecclesiastical Judge according to the Ecclsiastical Law without the further aid of any Temporal Law then the commanding it to be observed Co. 5.5 6. Cawdries Case And in such Case the Sentence of Deprivation given by the Ecclesiastical Judge though it exceed the punishment inflicted by the Temporal Law is not to be questioned by the Temporal Judges but they ought to give Faith and Credit to it For cuilibet in sua arte perito est credendum Cawdries Case fol. 7. Co. 4.29 Bunting and Heppingwells Case Provided always and be it enacted Stat. Sect. 13. Ornaments of the Church and Ministers That such Ornaments of the Church and of the Ministers thereof shall be retained and be in use as was in this Church of England by Authority of Parliament in the second year of the Reign of King Edward the Sixth until other Order shall be therein taken by the Authority of the Quéens Majesty with the advice of her Commissioners appointed and authorized under the Great Seal of England for Causes Ecclesiastical or of the Metropolitan of this Realm And also That if there shall happen any Contempt or Irreverence to be used in the Ceremonies or Rites of the Church by the mis-using of the Orders appointed in this Book the Queéns Majesty may by the like advice of the said Commissioners or Metropolitan ordain and publish such further Ceremonies or Rites as may be most for the advancement of Gods Glory the Edifying of his Church and the due Reverence of Christs holy Mysteries and Sacraments All Laws and Ordinances made for other Service shall be void And be it further Enacted by the Authority aforesaid That all Laws Statutes and Ordinances wherein or whereby any other Service Administration of Sacraments or Common Prayer is limited established or set forth to be vsed within this Realm or any other the Queéns Dominions or Countries shall from henceforth be utterly void and of none effect Stat. v Eliz. cap. i. An Act for the Assurance of the Queens Majesties Royal Power over all States and Subjects within her Dominions FOR preservation of the Queéns most Excellent Highness her Heirs and Successors Stat. and the Dignity of Sect. 1 the Imperial Crown of this Realm of England And for the avoiding both such hurts perils dishonors and inconveniencies as have before time befallen as well to the Quéens Majesties noble Progenitors Kings of this Realm as for the whole Estate thereof by means of the Iurisdiction and Power of the Sée of Rome unjustly Claimed and Vsurped within this Realm and the Dominions thereof and also of the dangers by the fauters of the said usurped Power at this time grown to marvelous outrage and licentious boldness and now requiring more sharp restraint and correction of Laws than hitherto in the time of the Queéns Majesties most mild and merciful Reign have béen had used or established Be it therefore Enacted Ordained and Established Stat. by the Quéen our Soveraign Lady and the Lords Spiritual and Sect. 2 Temporal The Penalty for maintaining the Authority of the Bishop or See of Rome and the Commons in this present Parliament assembled and by Authority of the same That if any Person or Persons dwelling inhabiting or resiant within this Realm or within any other the Quéens Dominions Seigniories or Countries or in the Marches of the same or elsewhere within or under her Obeysance and Power of what Estate Dignity Preheminence Order or Condition soever he or they be after the first day of April which shall be in the year of our Lord God One thousand five hundred sixty thrée shall by Writing Typhering Printing Preaching or Teaching Déed or Act advisedly and wittingly hold or stand with to extol set forth maintain or defend the Authority Iurisdiction or Power of the Bishop of Rome or of his Sée heretofore claimed used or usurped within this Realm or in any Dominion or Country being of within or under the Queéns Power or Obeisance or by any Spéech open Déed or Act advisedly and wittingly attribute any such manner of Iurisdiction Authority or Preheminence to the said Sée of Rome or to any Bishop of the same Sée for the time being within this Realm or in any the Quéens Dominions or Countries that then every such Person or Persons so doing or offending their Abbettors Procurers and Counsellors and also their aiders assistants and comforters upon purpose and to the intent to set forth further and extol the said usurped Power Authority or Iurisdiction of any of the said Bishop or Bishops of Rome and every of them being thereof lawfully Indicted or Presented within one year next after any such Offences by him or them Committed and being lawfully Convicted or Attainted at any time after according to the Laws of this Realm for every such Default and Offence shall incur into the dangers penalties pains and forfeitures Ordained and Provided by the Statute of Provision and Praemunire made in the Sixtéenth year of the Reign of King Richard the Second Hold or stand with c. or attribute The Printers of any Book which attributes to the Pope or See of Rome any such Authority or Jurisdiction within this Realm Printing bringing in offering and delivering of Books c. and the utterers thereof in most Cases are within the danger of this Law and if any man bring over such Books Written beyond the Seas knowing the
one as conceals his true Name or Quality or cannot give a good Accompt what he is For so it must be reasonably intended and not of all Travellers through the Country as Wingate tit Crowne numb 106. mistakes for it appears by the other qualifications here enumerated that the intent of the Act is that it shall be offered by the Bishop or two Justices to such only of whom there is any just cause of suspition Stat. Sect. 11. Refusal of the Oath And be it further Enacted That if any such person or persons other than Noblemen or Noblewomen shall refuse to answer upon Oath to such Bishop or Iustices of Peace examining him or her as aforesaid or to take the said Oath so duly tendred unto him or her by such Bishop or two such Iustices of Peace out of Sessions that then the said Bishop or Iustices of Peace shall and may commit the same person to the common Goal there to remain without Bail or Mainprize until the next Assizes or General or Quarter Sessions to be holden for the said Shire Division Limit or Liberty where the said Oath shall be again in the said open Assizes or Sessions required of such person by the said Iustices of Assize or Iustices of Peace then and there present or the greater number of them And if the said person or persons or any other person whatsoever other then Noblemen or Noblewomen of the age of Eightéen years or above shall refuse to take the said Oath being tendred unto him or her by the Iustices of Assize and Goal delivery in their open Assizes or the Iustices of Peace or the greater part of them in their said general Quarter Sessions every person so refusing shall incur the danger and penalty of Praemunire mentioned in the Statute of Praemunire Praemunire made in the sixtéenth year of the Reign of King Richard the Second except Women Covert Women Covert who upon refusal of the said Oath shall be by the said Iustices of Assize in their open Assize or Iustices of Peace in their General or Quarter Sessions for the said Offence committed only to the common Goal there to remain without Bail or Mainprize till they will take the said Oath There to remain without Bail or Mainprize Sureties cannot be taken The Bishop or two Justices cannot take Sureties of him who refuses the Oath for his appearance at the Assizes or Sessions as Wingate tit Crowne numb 107. mistakes but must commit him immediately to Goal nor can any other Court or Justices Bail him in this Case Vntil the next Assizes or General or Quarter Sessions This being in the Disjunctive Commitment till Assizes or Sessions the Bishop or two Justices have their election to commit the party refusing the Oath either until the next Assizes or until the next Sessions as they shall think fit For some may be more aptly committed until the next Assizes and some until the next Sessions Co. 12. 131 132. What Sessions is here meant Sessions Stat. 23 Eliz. 1 Vide Stat. 23 Eliz. cap. 1. Sect. 7. And if the said person or persons or any other person whatsoever c shall refuse These words any other person whatsoever are exclusive of the said person or persons who are committed for refusal For 't is here in the disjunctive To whom the Oath may be tendred so that it seems that if any person whatsoever of the age of eighteen years or above and under the degree of a Nobleman or Noblewoman be at the Assizes or general Quarter Sessions of the Peace whether voluntarily or brought in upon Process on an Indictment of Recusancy or for any other matter and be there tendred this Oath and refuse to take it although it were never tendred to him before yet upon his refusal there he incurs a Praemunire And in this respect this Statute is more extensive then that of 7 Jac. cap. 6. Stat. 7 Jac. 6. where there must be a Prior tender and refusal of this Oath otherwise a refusal of it at the Assizes or Sessions doth not make a Praemunire by that Act. Vide Co. 12. 131. Shall incur the danger and penalty of Praemunire If a man be committed by the Bishop or two Justices of Peace for refusal of this Oath and the tender and refusal be expressed in the Mittimus the Justices of Assize or Justices of Peace in their Sessions are bound to take notice of this tender and refusal and after they have there made the party a second tender of the Oath and he refuses it Indictments of Praemunire upon this Statute by which he incurs a Praemunire the Indictment against him to convict and attaint him of a Praemunire must contain all the special matter viz. that he stood Convicted or Indicted of Recusancy or that he had not received the Sacrament twice within the year next before or that passing through the Country and unknown being examined upon Oath he confessed or denied not c. as the Case is and that the Oath was tendred to him by the Bishop or two Justices of Peace Quorum unus c. and he refused it and that it was again tendred to him in open Court and he again refused it For in this Case the Mittimus Mittimus is the ground upon which he must be proceeded against at the Assizes or Sessions But if the first tender and refusal be not expressed in the Mittimus or Warrant of commitment there although there was a tender and refusal of the Oath before the Bishop or two Justices yet the Justices of Assize or Justices of Peace in their Sessions can take no notice of it But they must there tender him the Oath without reference to any Prior tender which they may do by force of the said general words any other person whatsoever and if he refuse it he incurs a Praemunire And in this Case the Indictment may be short and general scil that he was tendred the Oath in open Court and refused it c. And so it must be in all Cases where in truth there was never any Prior tender and refusal Co. 12. 131 132. Stat. 7 Jac. 6. Justices of Peace Vide the Statute of 7. Jac. cap. 6. whereby the power of the Justices of Peace is in some particular Cases inlarged in reference to this Oath Stat. Sect 12. The Oath of Allegiance The form of which Oath hereafter followeth 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 Majesties 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 any of his Majesties Kingdoms or Dominions or to Authorize any Foreign Prince to
Conspiracies That then the said Obligation to be void And that for the due execution of this branch of this present Law Stat. Sect. 17. Who shall take the Obligation and minister the Oath it shall and may be lawfull to and for the Customer and Controller of every Port Haven or Creek or one of them and their or either of their Deputy or Deputies and none other to receive and accept all and every such Bond and Obligation to and for the uses aforesaid and to minister and give the Oath aforesaid according to the true intent of this Statute taking for such Bond six pence and no more and for the said Oath no Fée at all which said Customer and Controller shall Register and Certifie all and every such Bond and Oath so taken into the Court of Exchequer at Westminster once every year upon pain of five pounds for every Bond not so certified Forfeiture for not certifying and twenty shillings for every Oath not so certified Which said Customer and Controller These words Who is bound to certifie who not notwithstanding the Copulative and are not to be taken conjunctively as if every Bond and Oath is to be certified both by the Customer and Controller For if the Customer take the Bond and Oath the Controller is not to be punished for not certifying no more is the Customer if the Controller take them For each of them shall forfeit for his own default and not for the default of the other And it cannot be reasonably presumed that one of them is privy to the doings of the other And therefore these words must be construed disjunctively Customer or Controller that is he of the two who takes the Bond and Oath is to certifie them into the Court of Exchequer or to forfeit c. For where the literal sense will ingender an absurdity or impossibility such a construction must be made as will stand with reason and the intent of the Law-makers And in such Cases a Copulative shall be taken for a disjunctive or a disjunctive for a Copulative vide Plowden 289. Chapman versus Dalton Ib. 363. Lord Zouches Case But if the Deputy Deputy of the Customer or Controller take the Bond or Oath and no Certificate thereof is made the Customer or Controller himself whose Deputy he is shall forfeit for that default although he had no notice from his Deputy of the taking of the said Bond or Oath For he is answerable for all the defaults of his Deputy vide Dyer 7 Eliz. 238 239. where 't was held that the Customer should forfeit the treble value of the Merchandize upon the Statute of 3 H. 6. cap. 3. Stat. 3 H. 6. 3. for his Deputies concealing of the payment of the Customs So a Sheriff shall answer for all Officers under him Co. 4. 33. Mittons Case Crompton Jurisdict tit Court d'Eschequer 110. And so generally shall all other Officers answer for their Deputies Co. 9. 48. Earl of Shrewsburies Case Co. 9. 98. Sir George Reynells Case Termes de la Ley 111. Deputy Brooke forfeiture 27. 39 H. 6. 34. Penalty Five pounds for every Bond. Note in the late Additions to Dalton cap. 81. tit Recusants Sect. 38. this penalty for not certifying the Bond is mistaken and there said to be fifty pounds instead of five pounds Stat. Sect. 18. Provided always That this last mentioned Branch shall not extend to any person or persons which are already gone or shall go beyond the Seas to serve any Forreign Prince State or Potentate before the Tenth day of June next coming for his said going or passing before the said Tenth day of June Stat. Sect. 19. Putting in practice to absolve or withdraw any from his Obedience or to reconcile them to the Pope And further be it Enacted by the Authority aforesaid That if any person or persons at any time after the said Tenth day of June shall either upon the Seas or beyond the Seas or in any other place within the Dominions of the Kings Majesty his Heirs or Successors put in practice to absolve perswade or withdraw any of the Subjects of the Kings Majesty or of his Heirs and Successors of this Realm of England from their natural Obedience to his Majesty his Heirs or Successors or to reconcile them to the Pope or Sée of Rome or to move them or any of them to promise Obedience to any pretended Authority to the Sée of Rome or to any other Prince State or Potentate That then every such person their Procurers Counsellors Aiders and Maintainers knowing the same shall be to all intents adjudged Traytors and being thereof lawfully convicted shall have Iudgment suffer and forfeit as in Cases of High Treason And if any such person as aforesaid Being withdrawn or reconciled at any time after the said Tenth day of June shall be either upon the Seas or beyond the Seas or in any other place within the Dominions of the Kings Majesty his Heirs or Successors willingly absolved or withdrawn as aforesaid or willingly reconciled or shall promise Obedience to any such pretended Authority Prince State or Potentate as aforesaid That every such person and persons their Procurers and Counsellers Aiders and Maintainers knowing the same shall be to all intents adjudged Traytors and being thereof lawfully convicted shall have Iudgment suffer and forfeit as in Cases of High Treason Withdraw any of the Subjects of the Kings Majesty Kings Subjects who here meant c. from their natural Obedience By the Kings Subjects are to be understood here natural Subjects only that is such whose Subjection is natural and absolute due by nature and birthright and which begins with their birth And not Aliens although they are Naturalized or made Denizens much less those who are only local Subjects For none but natural Subjects can be said to be withdrawn from their natural Obedience And as the King of England cannot be said to be a natural Lord or King to an Alien born so neither can an Alien be said to be his natural Subject Natural King Natural Subject Natural Prince and natural Subject being correlatives And an Indictment of High Treason Indictment of High Treason against an Alien born who resides here although it shall be contra ligeantiae suae debitum and contra dominum Regem in respect of his local ligeance yet naturalem shall be omitted out of the Indictment And so it was 2 3 Ph. Mar. in the Case of Sherley a Frenchman and 36 Eliz. in the Cases of Stephano Ferrara de Gama and Emanuel Lewes Tinoco two Portugals who conspired with Dr. Lopez against Queen Elizabeth And so as it seems it ought to be for the same reason if the Alien were indenized or naturalized For Naturalization Naturalization it self which is by Act of Parliament and the highest priviledge an Alien is capable of yet cannot create this natural Subjection or Obedience which is not due by any Law
be granted to a Popish Recusant convict 234. The penalty on a Popish Recusant convict who comes to Court 201 202. Or departs not out of London and ten miles compass 202 203. Tradesmen and dwellers in and about London not excepted at this day 203 204. The penalties on a married woman who is a Popish Recusant convict and conforms not in her Husbands life time 86. 212 213 214. 252 253. Refusal See Abjuration Conformity Oaths Relapse Makes the submission void 119. 145. Where to be certified 145 Relation See Indictments Recusants Release see King Relief See Aide Seminary Relieving of offenders where not punishable 17. 44. Religion see Rome Rent see Recusants Repeal See Statutes Of two branches of 35 Eliz. 1. 191. Of a branch of 35 Eliz. 2. 205. Replication see Plea Resignation see King Reversal see Vtlawry Review see King Reviver see Statutes Reward See Discovery Recusants Rites see Ceremonies Rome Pope Popish Religion c. See Books Bulls Great Exactions by the See of Rome 1. Maintaining or Extolling the Bishop or See of Romes Authority where a Praemunire and where Treason 34. 41 42. What is a maintaining or extolling within 5 Eliz. 1. 34. 42. Withdrawing the Kings Subjects from the Religion Established to the Romish Religion or being so withdrawn is High Treason 57 58. 184 185 186. Reconciled to the Pope or See of Rome what meant 187. Reconciling or being reconciled to the Pope or See of Rome is High Treason 49 50. 57 58. 184 185 186. A person so reconciled and submitting afterwards 186. What reconciliation to Rome is not within 13 Eliz. 2. 50. Sacrament See Baptism Informations Offices The penalty on the Popish Recusant who after Conformity receives not the Sacrament of the Lords Supper yearly 157 158. Where a married woman may be punished for not receiving the said Sacrament during her Marriage and where not 195. 212 213. 252. Persons to be restored in Blood or to be naturalized must receive the said Sacrament and when 240. What other persons are to receive it 211 212. 215. 263 264. 266. Saving See Power Péers Pensions Schisme see Heresie Schoolmaster The penalty for keeping or being a Schoolmaster contrary to 23 Eliz. 1. or 1 Jac. 4. 64. 155. By whom a Schoolmaster is to be licenced 64 65. 155. What may be taken for such Licence 65. Conformity or allowance by the Bishop or Ordinary either of them sufficient 64. What a Schoolmaster must do by Stat. 14. Car. 2. 64 65. An Usher is within the word Schoolmaster 64. Scire facias see Informations Scotland See Alien Laws Seas See Councel Kin. Seminary The penalties for suffering Women or Children to go beyond Seas without Licence and on such as go or send them 94. 155. 223 224. 226. Seizure See Advowson Commission King Office Where a Recusants Lands may be seized or the seizure continued after his death and where not 100. 102. 104. 106 107. 109 110 111 112. 150 151 152 153. 168 169. 170 171. Where his Goods may be seized and where not 100 102. 105. 168. 172. Seminary Popish Colledge c. Iesuite Popish Priest c. See Conformity Discovery Iustices of Peace It s High Treason for a Jesuit Seminary Priest c. to be within this Realm 90. Not necessary to shew in what particular place he was born 90. Nor where ordained 90. Relieving or maintaining such is Felony at this day 90 91. The penalty for not discovering a Jesuit or Popish Priest 96. Or for not giving Information of such discovery 96. A person suspected to be a Jesuit or Seminary Priest examined and refusing to answer 140. To whom examinable 140. By what questions he is bound by 35 Eliz. 2. to answer 141. Submission by a Jesuit Popish Priest c. 94 95. He must continue in Obedience to the Laws 95. They which are in Seminaries c. shall return upon Proclamation made in that behalf 91 92. If they return and submit not 't is High Treason 92. They ought not to come into any other of the late Queens Dominions before they have submitted here 92. Where the benefit of submission was lost if the party submitting came within ten miles of the Court 98. The penalty for sending Children to a Popish Colledge Seminary or Family beyond the Seas 153. 257 258. And on such who go thither 153 154. 257 258. Or relieve any there or any Popish Colledge Seminary c. 93 94. 257 258. Sentence see Deprivation Service See Trial. Divine Service see Recusants Where serving or going to serve a forraign Prince c. without first taking the Oath of Allegiance and entring into Bond is Felony 181 182. see Oaths What kind of service is meant 182. The form of such Bond 183. It must be Domino Regi 182. Who shall take it 183. 198. Who shall certifie it and the penalty for not certifying 183 184. Where a man may keep a Recusant in his Service and where not and the penalty 191 192 193. Sessions See Iustices of Peace At what Sessions a Recusant may be indicted 67. General Quarter Sessions and General or Quarter Sessions what Sessions meant 67. Sheriff See Excommengement Sheriffs shall take the Oath of Supremacy 38. Sheriff of the County where the Kings Bench is 40. Where a Recusant proclaimed ought to render his body to the Sheriff 107. 162 163. Where a Popish Recusant may travel above five miles if required to tender his body to the Sheriff 142. The Sheriff is to pay him who discovers certain offenders 201. Statutes See Baron Feme Ieofailes Informations Notice Recital Repeal Reviver of several Statutes of H. 8. and E. 6. 2 3 4. Stat. 5 Eliz. 1. when and where to be published 43. The Statutes of 23 Eliz. 1. 29 Eliz. 6. 35 Eliz. 1. and 7 Jac. 6. against Recusants are all affirmative Laws and do not abrogate one the other 120 121. 162 163. 253. Who are within the Act of 35 Eliz. 1. of Conventicles and who not 114. Rules in construction of poenal Statutes 21 22. 64. 221. Where they shall not be construed by Equity 199. 221. 229. Where they may be construed by the intent of the makers besides or beyond the letter 21. 229. What is given by an Act of Parliament shall not be devested by a subsequent Act without express words 23◠Where a later Act of Parliament shall be guided by a former 85. A private clause in a general Act of Parliament 230. The difference between a Statute discontinued and revived and a Statute never discontinued 125 126. All men are bound to take notice of an Act of Parliament 23. Statutes of West 2. c. 1. De donis conditionalibus 46. 152 153. West 2. c. 5. of Advowsons 13. 2 E. 3. c. 3. of Armour 97. 25 E. 3. c. 22. of Provisors of Abbeys 46. 25 E. 3. of Provisors of Benefices 229. 50 E. 3. c. 6. of Fraudulent deeds 87. 16 R. 2. c. 5. of Praemunire 6. 46. 152. 2 H. 5. c. 3. of Jurors 136
Contents thereof or secretly deliver out such Books to others he knowing the Contents thereof unless in this last Case he be a Trader in them and deliver them out upon that Account without any act or attribution by conference or allowance he is an Offender within this Act by the words Hold and stand with to maintain c. and so is the receiver likewise if he afterwards Reads and Confers upon any such Book with any other person and in his Conference by any Words or Speeches allows the Book to be good or conveys it secretly to his Friend to the intent he should Read it and be perswaded to be of that Opinion or if a man hear of the Contents of such Book by the report of others and doth by any overt Speech commend or affirm it to be good In all these Cases the Person so doing especially he that reads it and then allows of it is an Offender within this Act and shall for the first Offence incur a Praemunire and for the second be Guilty of high Treason So likewise if any Book to that effect be made and Written within the Realm and sent over Seas as if it were made out of the Realm and be afterwards Bought Read or Conference be had thereupon ut supra such Offences are within the danger of this Law Dyer 11 El. 281. 282. vide Co. l. 6. Praefat ' Vpon purpose and to the intent The intent material A. was Indicted upon this Statute and that of 13 Eliz. cap. 2. of a Praemunire for aiding one B. knowing him to be a principal maintainer of the Authority and Jurisdiction of the Bishop and See of Rome contra formam Statut ' praedict ' and the Indictment was certified into the Kings Bench And it was held by the greater part of the Justices that the Indictment was insufficient for want of those words Vpon purpose and to the intent to set forth and extol the Authority c. And contra formam Statut ' will not supply that defect Trin. 20 Eliz. Dyer 363. Note in the Report of this Case the Statute of 1 Eliz. is mistaken for this of 5 Eliz. there being no mention of the intent in that of Primo Stat. 1 Eliz. 1. The intent is a hidden thing and lies in the Heart and therefore there must be some overt Act or Speech which declares the intent for the intent it self is not traversable What traversable but that by which it is made manifest as was adjudged in Boothes Case Co. 5. 77. And it is also Enacted by the Authority aforesaid Stat. That as well Iustices of Assize in their Circuits as Iustices of Peace within Sect. 3 the limits of their Commission and Authorities What Justices may inquire of and certifie the Offences aforesaid or two of every such Iustices of Peace at the least whereof one to be of the Quorum shall have full Power and Authority by vertue of this Act in their Quarter or open Sessions to inquire of all Offences Contempts and Transgressions perpetrated committed or done contrary to the true meaning of the Premises in like manner and form as they may of other Offences against the Quéens Peace and shall certifie every Presentment before them or any of them had or made concerning the same or any part thereof before the Queén her Heirs and Successors in her or their Court commonly called the Kings Bench within forty days next after any such Presentment had or made if the Term be then open and if not at the first day of the full Term next following the said forty days upon pain that every of the Iustices of Assize or Iustices of the Peace The Penalty for default of Certificate of the said Offences before whom such Presentment shall be made making default of such Certificate contrary to this Statute to lose and forfeit for every such default One hundred pounds to the Quéens Highness her Heirs and Successors And it is Enacted by the Authority aforesaid The Justices of the Kings Bench may hear and determine the Offences aforesaid That the Iustices of the Kings Bench as well upon every such Certificate as by enquiry before themselves within the limits of their Authorities shall have full Power and Authority to hear order and determine every such Offence done or committed contrary to the true meaning of this present Act according to the Laws of this Realm in such like manner and form to all intents and purposes as if the Person or Persons against whom any Presentment shall be had upon this Estatute had beén Presented upon any matter of offence expressed in the said Estatute made in the said Sixteenth year of King Richard the Second All Offences c. contrary to the true meaning of the Premises That is the Offences in holding or standing with to extol c. the Jurisdiction of the See or Bishop of Rome or attributing such Jurisdiction c. or Procuring Counselling c. which is here for the first Offence made a Praemunire For these are the only Premises in the Act and this Clause extends not to the Oath of Supremacy or any Offence in refusing of it much less to all Offences against this Act as 't is mistaken in the late Additions to Dalton cap. 140. tit High Treason Sect. 11. Nor doth it seem to be the intent of the Statute to give the Justices of Peace any Power to inquire of any Offence made High Treason thereby The Power of Justices of Peace herein For the Power here given to the Justices of Peace is only to inquire of Offences contrary to the true meaning of the Premises and the Premises extend only to those Offences made a Praemunire And this clearly appears by the subsequent words viz. That the Presentment thereof shall be certified into the Kings Bench who shall hear and determine every such Offence as if the Offender had been Presented upon any matter in the Statute of 16 R. 2. Now that cannot be intended of High Treason And of Justices of Assize The like may be said of Justices of Assize for as they are meerly Justices of Assize they cannot by force of this Act inquire of either the first or second Offence in refusing the Oath of Supremacy nor of the second Offence in extolling the Bishop of Romes Authority only for the first Offence of this last kind they may inquire and take Indictments thereof and certifie them into the Kings Bench but then by their Commission of Oyer and Terminer they may not only inquire of the first or second Offence in extolling the Bishop of Romes Authority or refusing the Oath of Supremacy but may hear and determine them And accordingly were Slade and Bodye Indicted Arraigned and Tried in the County of Southampton of a Praemunire for the first Offence in extolling the Bishop of Romes Authority upon which they were Attainted and afterwards of Treason for the second Offence before Sir Roger Manwood and Justice
Periam Justices of Assize by vertue of their Commission of Oyer and Terminer For the Certificate here mentioned which is to be sent into the Kings Bench is required only of the Justices of Assize and Justices of Peace And of Oyer and Terminer But Justices of Oyer and Terminer upon Indictments taken before them may proceed to hear and determine as Manwood and Periam did in that Case as well for the first as second Offence Savile 46. 47. C. 99. For which first Offence in extolling the Bishop of Romes Authority it seems the Justices of Assize who have a Commission of Oyer and Terminer have their election either as Justices of Assize to inquire only and then they must certifie the Presentment or Indictment into the Kings Bench or to inquire hear and determine as they are Justices of Oyer and Terminer and then they are not bound to certifie For Commissioners of Oyer and Terminer are not within the meaning of this Branch of the Statute as was held in that Case of Slade and Bodye By what hath been said it appears that the question there put by Ayloffe scil how they could proceed upon such an Indictmen not certified into the Kings Bench within forty days was grounded upon a double mistake 1. That Justices of Oyer and Terminer were bound to certifie into the Kings Bench all Indictments for extolling the Authority of the Bishop of Rome taken before them 2. That Indictments for the second Offence were within the meaning of this Branch of the Statute For he speaks there of the second Indictment which was for High Treason Every Presentment Presentment what By Presentment here is to be understood not only that which is properly so called which the Jurors find and present to the Court without any former Indictment delivered them but also an Indictment which is drawn and ingrossed in form of Law and delivered to the Jurors to be inquired of which Indictment the Justices here named have power to take by force of the word inquire and is included within the word Presentment being a species of it For every Indictment found by the Jurors is a Presentment and the Record saith Juratores praesentant c. when they find an Indictment But every Presentment is not an Indictment Co. 2. Inst. 739. And as well the one as the other touching the Offences aforesaid must be certified into the Kings Bench. If the Term be then open First day of the Term. The Essoin day is the first day of the Term properly so called and on that day the Term is open At the first day of full Term. That is Quarto die post Full Term. which is the usual day of appearance and the first day of every Term in common reputation For the Essoin day is the first day of the Term only to some particular intents and 't is not full Term till quarto die post Savile 124. Co. 193. Matthew vers Harcourt So that if the Forty days expire on the day before the Essoin day the Presentment need not be certified until quarto die post Presentments when to be certified which is the day of appearance but if they expire on the Essoin day or afterwards and before the quarto die post the Justices here named must not stay till the quarto die post but are bound to certifie by the last day of the Forty days under the penalty here limited for the Term was then open Stat. Sect. 4. Who shall take the Oath set forth A◠1 E. 1. And moreover be it Enacted by the Authority aforesaid That as well all manner of Persons expressed and appointed in and by the Act made in the first year of the Quéens Majesties Reign that now is intituled an Act restoring to the Crown the antient Iurisdiction over the estate Ecclesiastical and Spiritual and abolishing all Forraign Powers repugnant to the same to take the Oath expressed and set forth in the same As all other Persons which have taken or shall take Orders commonly called Ordines Sacros or Ecclesiastical Orders have béen or shall be promoted preferred or admitted to any Degreé of Learning in any Vniversity within this Realm or Dominions to the same belonging And all Schoolmasters and publick and private Teachers of Children as also all manner of Person and Persons that have taken or hereafter shall take any Degreé of Learning in or at the Common Laws of this Realm as well utter Barristers as Benchers Readers Ancients in any House or Houses of Court and all principal Treasurers and such as be of the grand Company of every Inn of Chancery and all Attorneys Prothonotaries and Philizers towards the Laws of this Realm and all manner of Sheriffs Escheators and Feodaries and all other Person and Persons which have taken or shall take upon him or them or have béen or shall be admitted to any Ministry or Office in at or belonging to the Common Law or any other Law or Laws of to or for the Execution of them or any of them used or allowed or at any time hereafter to be used or allowed within this Realm or any of the Dominions or Countries belonging or which hereafter shall happen to belong to the Crown or Dignity of the same and all other Officers or Ministers of or towards any Court whatsoever and every of them shall take and pronounce a Corporal Oath upon the Evangelists before he or they shall be admitted allowed or suffered to take upon him or them to use exercise supply or occupy any such Vocation Office Degrée Ministry Room or Service as is aforesaid and that in the open Court whereunto he doth or shall serve or belong And if he or they do not or shall not serve or belong to any Ordinary or open Court then he or they shall take and pronounce the Oath aforesaid in an open place before a convenient Assembly to witness the same and before such Person or Persons as have or shall have Authority by common use or otherwise to admit or call any such Person or Persons as is aforesaid to any such Vocation Office Ministry Room or Service or else before such Person or Persons as by the Queéns Highness her Heirs or Successors by Commission under the Great Seal of England shall be named or assigned to accept and take the same according to the tenor effect and form of the same Oath Verbatim which is and as it is already set forth to be taken in the aforesaid Act made in the First year of the Queéns Majesties Reign Admitted to any Ministry or Office What Officers are to take the Oath of Supremacy All persons who are preferred to any such Ministry or Office whether of the gift of the King or of a Subject are bound to take this Oath and not only such as are preferred by the King as 't is restrained in the late Additions to Dalton Cap. 81. tit Recusants Sect. 9. Belonging to the Common Law
Inst 34. Which Iury shall or may c. proceed to Indict Who to Indict him So that the Jury is to Indict and not the Sheriff as is mistaken in the late additions to Dalton cap. 81. tit Recusants Sect. 11. And for stronger defence and maintenance of this Act Stat. Sect. 8. It shall be Treason the second time to maintain the Authority of the Bishop or See of Rome it is further Ordained Enacted and Established by the Authority aforesaid That if any such Offender or Offenders as is aforesaid of the first part or Branch of this Estatute that is to say by Writing Cyphering Printing Preaching or Teaching Deed or Act Advisedly and Wittingly hold or stand with to extol set forth maintain or defend the Authority Iurisdiction or Power of the Bishop of Rome or of his See heretofore claimed used or usurped within this Realm or in any Dominion or Country being of within or under the Queens Power or Obeysance or by any Speech open Deed or Act Advisedly and Wittingly attribute any such manner of Iurisdiction Authority or Preheminence to the said See of Rome or to any Bishop of the same See for the time being within this Realm or in any the Queens Dominions or Countries or be to any such Offender or offenders Abetting Procuring or Counselling or Aiding Assisting or Comforting upon purpose and to the intent to set forth further and extol the said usurped Power Authority or Iurisdiction After such Conviction and Attainder as is aforesaid do eftsoons commit or do the said Offences or any of them in manner and form aforesaid and be thereof duly convicted and attainted as is aforesaid Or to refuse the Oath And also that if any the persons abovenamed and appointed by this Act to take the Oath aforesaid do after the space of thrée months next after the first tender thereof the second time refuse to take and pronounce or do not take or pronounce the same in form aforesaid to be tendred that then every such Offender or Offenders for the same second Offence and Offences shall forfeit lose and suffer such like and the same pains forfeitures Iudgment and Execution as is used in Cases of High Treason What is an advised or witting maintenance Advisedly and wittingly Slade and Body were condemned in a Praemunire upon this Statute before Justices of Oyer and Terminer for extolling the Authority of the Bishop of Rome and remained in Prison for the space of two years and afterwards were brought to the Assizes and demanded whether they were still of the same Opinion To which they answered that they were and one of them said that if they had a thousand Lives they would lose them all in this Case upon which they were Indicted and Arraigned and Convicted upon this second Branch of the Statute for High Treason And it was Resolved by the greater part of the Justices that the words should be taken to be spoken Advisedly and Wittingly and were within the meaning of this second Branch Savile 46. 47. C. 99. Tender and refusal For tender and refusal Vide Stat. 7. Jac. cap. 6. Sect. 4. 5. postea Stat. Sect. 9. Provided always That this Act nor any thing therein contained nor any Attainder to be had by force and vertue of this Act shall not extend to make any corruption of Blood the disheriting of any Heir forfeiture of Dower No corruption of Blood disheriting of Heir or forfeiture of Dower for any Attainder by this Act nor to the prejudice of the Right or Title of any person or persons other then the Right or Title of the Offender or Offenders during his her or their natural Lives only And that it shall and maybe lawful to every person and persons to whom the Right or Interest of any Lands Tenements or Hereditaments after the death of any such Offender or Offenders should or might have appertained if no such Attainder had been to enter into the same without any Ouster le maine to be sued in such sort as he or they might have done if this Act had never been had ne made Provided also That the Oath expressed in the said Act How the Oath expressed An. 1. Eliz. 1. shall be expounded made in the said first year shall be taken and expounded in such form as is set forth in an Admonition annexed to the Queens Majesties Injunctions published in the first year of her Majesties Reign That is to say to confess and acknowledge in her Majesty her Heirs and Successors none other Authority then that was challenged and lately used by the Noble King Henry the Eighth and King Edward the Sixth as in the said admonition more plainly may appear And be it Enacted by the Authority aforesaid In what Courts and places this Act shall be published That this Act shall be openly Read and Published and Declared at every Quarter Sessions by the Clerk of the Peace and at every Leet and Law-day by the Steward of the Court and once in every Term in the open Hall of every House and Houses of Court and Chancery at the times and by the persons thereunto to be limited and appointed by the Lord Chancellor or Keeper of the Great Seal for the time being And be it further Enacted Stat. Sect. 10. Every Knight Citizen and Burgess of the Parliament shall take the said Oath That every person which hereafter shall be Elected or appointed a Knight Citizen or Burgess or Baron for any of the five Ports for any Parliament or Parliaments hereafter to be holden shall from henceforth before he shall enter into the Parliament House or have any Voice there openly receive and pronounce the said Oath before the Lord Steward for the time being or his Deputy or Deputies for that time to be appointed And that he which shall enter into the Parliament House without taking the said Oath shall be deemed no Knight Citizen Burgess nor Baron for that Parliament nor shall have any Voice but shall be to all intents constructions and purposes as if he had never been Returned nor Elected Knight Citizen Burgess or Baron for that Parliament and shall suffer such pains and penalties as if he had presumed to sit in the same without Election Return or Authority The Kings dispensation void The King cannot dispence with any Member of the Commons House from taking this Oath For the reason given by the late Lord Chief Justice Vaughan in the Case of Thomas and Sorrell touching the Oath of Allegiance holds here viz. Because by this Statute he is persona inhabilis until he hath taken it Vaughan 355. Stat. Sect. 11. Where no temporal person of or above the degree of a Baron shall be compelled to take the said Oath Provided alway That forasmuch as the Quéens Majesty is otherwise sufficiently assured of the Faith and Loyalty of the Temporal Lords of her High Court of Parliament Therefore this Act nor any thing therein contained shall
or covin nor for convenient time taken for their return back again upon the same This extends to all Cases in general where the Popish Recusant ought to render his body to the Sheriff upon Proclamation Proclamation and is not restrained to a Proclamation upon an Indictment for Recusancy And therefore if a Popish Recusant confined by this Act had been proclaimed upon the Statute of Marlebridge in a Plea de Custodia as a Deforceor he might lawfully have gone out of the compass of five miles The like he may do at this day upon any other Proclamation commanding him to render his body to the Sheriff Vide Stat. 3 Jac. cap. 5. Sect. 7. And furthermore be it Enacted by the Authority of this present Parliament Stat. Sect 12. An Offender upon open submission shall be discharged That if any person or persons that shall at any time hereafter offend against this Act shall before he or they shall be thereof convicted come to some Parish Church on some Sunday or other Festival day and then and there hear Divine Service And at Service time before the Sermon or reading of the Gospel make publick and open Submission and Declaration of his and their Conformity to her Majesties Laws and Statutes as hereafter in this Act is declared and appointed That then the same Offender shall thereupon be clearly discharged of and from all and every pains and forfeitures inflicted or imposed by this Act for any of the said Offences in this Act contained Before he or they shall be thereof convicted Where submission will save abjuration A Popish Recusant confined by this Act whose Estate is under value is apprehended for offending against this Act and before the expiration of three months next after his apprehension is convicted of such Offence and then before the said three months expire conforms and makes such Submission and Declaration as is here and in the former branch appointed In this Case although he comes too late after Conviction to save the forfeiture of his Lands and Goods yet he shall not be compelled to abjure For the affirmative words here that upon such Conformity Submission and Declaration before Conviction he shall be discharged of all pains and forfeitures do not carry in them the force of a negative viz. That if it be after Conviction he shall not be discharged of any of them And by the former branch of the Statute he is not compellable to abjure if at any time within three months next after his apprehension he conforms confesses and submits as is there appointed To some Parish Church It must be in some Parish Church It seems clear that no Submission Confession or Declaration can discharge the Popish Recusant who is an Offender within this Act from any pain or forfeiture thereby inflicted unless it be performed in some Parish Church For there is a great difference between the penning of this Statute and that branch of 35 Eliz. cap. 1. Stat. 35 Eliz 1. where 't is said That the Offender shall be committed to Prison until he come to some Church Chappel or usual place of Common Prayer and hear Divine Service and make such open Submission and Declaration of his Conformity as in the Act is appointed For there there is an express designation of the place where such Submission and Declaration shall be viz. in any Church Chappel or usual place of Common Prayer whither the Offender comes and this shall free him from his Imprisonment Vide that Statute Sect. 4. supra But here where 't is said in the former part of this Act That he shall abjure unless he comes usually to Church and make such Confession and Submission as is therein afterwards appointed and expressed His coming usually to Church cannot be applied to his Confession and Submission for that is to be made but once and not usually and therefore there being there no place appointed where this Confession and Submission shall be made we must necessarily have recourse to this later branch of the Act where a place is appointed viz. some Parish Church so that the coming usually to Church without this formal Submission and Confession or Declaration in some Parish Church frees not the Offender here in any Case from abjuration although the coming to any Church Chappel or usual place of Common Prayer and hearing Divine Service and making open Submission and Declaration there shall free an Offender within the Statute of 35 Eliz. cap. 1. from Imprisonment Parish Church What is a Parish Church Vide Stat. 35 Eliz. cap. 1. Sect. 4. supra Two several Submissions Submission If a Popish Recusant Indicted upon this Statute makes his Submission and brings with him into the Court of Kings Bench a Testimonial thereof it s the course of that Court to cause him there to make his Submission again upon his knees which the Clerk of the Crown reads to him And so was it done in the Case of one Thoroughgood Pasch 2. Car. 1. But Justice Jones said there was no Statute to compell him to this second Submission And Thoroughgood complained that he was not therein dealt with according to Law Latch 16. Stat. Sect. 13. The same Submission to be as hereafter followeth that is to say The form of the Submission I A. B. do humbly confess and acknowledge that I have grievously offended God in contemning her Majesties 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 or See of Rome hath not nor ought to have any Power or Authority over her Majesty or within any her Majesties Realms or Dominions And I do promise and protest without any dissimulation or any colour or means of any Dispensation That from henceforth I will from time to time obey and perform her Majesties Laws and Statutes in repairing to the Church and hearing Divine Service and do my uttermost endeavour to maintain and defend the same Over her Majesty or within any her Majesties Realms or Dominions What Authority of the Pope is to be renounced And not over her Majesty within any her Dominions as Wingate tit Crown numb 85. grosly misrecites this Submission For that denies only the Popes or See of Romes Authority over her Majesty but not any other Authority which they might claim over her Subjects And 't is clear by the disjunctive or which Wingate omits that both these Authorities are intended to be denied by this Submission Or any colour or means of any Dispensation Dispensation These words which are a very material part of the Submission are likewise omitted by Wingate Her Majesties Laws and Statutes The Queens Laws Stat. 27 Eliz. 2. What is meant by her Majesties Laws Vide Stat. 27 Eliz. cap. 2. Sect. 7. And that every Minister or
Curate of every Parish where such Submission and Declaration of Conformity shall hereafter be so made by any such Offender as aforesaid Stat. Sect. 14. The Minister shall enter the Submission into a Book shall presently enter the same into a Book to be kept in every Parish for that purpose and within ten days then next following shall certifie the same in writing to the Bishop of the same Diocess Provided nevertheless Stat. Sect. 15. A Recusant submitting and falling into Relapse That if any such Offender after such Submission made as is aforesaid shall afterward fall into Relapse or eftsoons become a Recusant in not repairing to Church to hear Divine Service but shall forbear the same contrary to the Laws and Statutes in that behalf made and provided That then every such Offender shall lose all such benefit as he or she might otherwise by virtue of this Act have or enjoy by reason of their said Submission And shall thereupon stand and remain in such plight condition and degrée to all intents as though such Submission had never beén made Such Relapse with the Indictment thereof Relapse where to be certified is to be certified into the Court of Exchequer as was done by the Justices of the Kings Bench in the Case of Francis Holt. Pasch 9 Jac. Bulstrode 1. 133. Stat. Sect. 16. Married Women bound by this Act saving in the Case of Abjuration Provided always and be it Enacted by the Authority aforesaid That all and every Woman married or hereafter to be married shall be bound by all and every Article branch and matter contained in this Statute other then the Branch and Article of Abjuration before mentioned And that no such Woman married or to be married during marriage shall be in any wise forced or compelled to abjure or be abjured by virtue of this Act Any thing therein contained to the contrary thereof notwithstanding Stat. i Jac. cap. iv An Act for the due execution of the Statutes against Jesuits Seminary Priests Recusants c. FOr the better and more due execution of the Statutes heretofore made aswell against Iesuits Stat. Sect. 1. All Statutes made against Jesuits Priests and Recusants shall be put in Execution Seminary Priests and other such like Priests as also against all manner of Recusants Be it Ordained and Enacted by Authority of this present Parliament That all and every the Statutes heretofore made in the Reign of the late Quéen of famous memory Elizabeth as well against Iesuits Seminary Priests and other Priests Deacons Religious and Ecclesiastical persons whatsoever made ordained or professed or to be made ordained or professed by any Authority or Iurisdiction derived challenged or pretended from the Sée of Rome as those which do in any wise concern the withdrawing of the Kings Subjects from their due obedience and the Religion now professed and the taking of the Oath of obedience unto the Kings Majesty his Heirs and Successors together with all those made in the said late Quéens time against any manner of Recusants shall be put in due and exact execution Oath of Obedience By the Oath of Obedience Oath of Obedience Stat. 1 Eliz. 1. is here meant the Oath of Supremacy in the Stat. of 1 Eliz. cap. 1. which see there Sect. 7. and by that name it is here called afterwards Sect. 3. Provided nevertheless Stat. Sect. 2. A Recusant conforming himself shall be discharged and be it Enacted by the Authority of this present Parliament That if any that is or shall be a Recusant shall submit or reform him or her self and become obedient to the Laws and Ordinances of the Church of England and repair to the Church and continue there during the time of the Divine Service and Sermons according to the true meaning of the Statutes in that behalf in the said late Quéens time made and provided That then every such person for and during such time as he or she shall so continue in such conformity and obedience shall from thenceforth be freed and discharged of and from any the penalties and losses which the same person might otherwise sustain and bear in respect or by reason of such persons Recusancy According to the true meaning of the Statutes in that behalf It hath been doubted whether these words do refer only to the manner of the Recusants conformity or to the time likewise when it is to be done as well as to the manner For if they refer to the time then the Recusant is still bound notwithstanding this Statute to conform before Judgment according to the Statute of 23 Eliz. cap. 1. Stat. 23 Eliz. 1 or his conformity afterwards shall not discharge him of the penalty But the better opinion is that by these words according to the true meaning of the Statutes is to be intended only that the Recusant must conform in such manner as is there appointed but as to the time the general words here have inlarged the time limited by 23 Eliz. If the Recusant conforms after Judgment 't is sufficient For this Statute is made in further favor of the Recusant So that now if he conforms after Judgment 't is time enough and he shall be discharged of all penalties in respect of his Recusancy And if an Information tam pro Domino Rege quam pro seipso be brought upon the Statute of 23 Eliz. against the Recusant and after Judgment had against him thereupon he conforms he shall be discharged of the Judgment but first his Conformity must appear of Record otherwise the Court cannot take notice of it and as for that his remedies against the King and the Informer must be several His remedies against the King and informer Audita Quaerela Plea for against the Informer he must bring his Audita Quaerela and against the King he must plead his conformity which he may do in this Case after Judgment for that no Audita Quaerela lies against the King 11 H. 7. 10. and if he should not be admitted to plead he would be without any legal Remedy to discharge himself of the forfeiture and Judgment as to the Kings part whose execution will not be hindred by the Audita Quaerela against the Informer But if the Defendant neglect to put in his Plea and Execution issues for the King and he be taken in Execution he comes too late to plead his Conformity and hath then no other way left to relieve himself as to the Kings part but by his Petition Petition to the King to pardon the Debt Bulstrode 2. 324 325. Dr. Fosters Case Rolles 1. 95. C. 41. the same Case Vide Savile 23. C. 56. Tirringhams Case Stat. Sect. 3. And if any Recusant shall hereafter die his heir being no Recusant that in every such Case every such heir shall be freed and discharged of all and singular the penalties charges and incumbrances happening upon him or her In what Cases a Recusants heir shall be
or Constitution of man Naturalization being but a fiction in Law which confers the priviledges of a natural Subject but cannot make him a natural Subject who was none before For then he would have two natural Princes one where he was born and the other where Naturalized Vaughan 279 280. 283. Craw versus Ramsey Co. 7. 5 6 7. 25. Calvins Case Dyer 3 4 Ph. Mar. 145. Hobart 171. Curteenes Case so that to absolve perswade withdraw or reconcile an Alien born whose Subjection to the King began not with his birth or for any such to be absolved perswaded withdrawn or reconciled seems not to be Treason within this Act. But this Subjection is not to be understood locally Subjection not to be understood locally or in respect of the place of a mans Birth but in respect of the Prince to whom Subjection is due at the time of his Birth And therefore if a Scot or Irishman be absolved or reconciled in England although the Offence be committed in another Kingdom then that where his Subjection begun yet being born a Subject to the King of England its Treason in the absolver or person reconciling and in him that is absolved or reconciled Nor is it necessary in all Cases that the party be born in the Kings Dominions but that he may be a natural Subject notwithstanding and consequently within this Act as in the Case of an Embassador vide Co. 7. 18. Calvins Case Vide Stat. 23 Eliz. cap. 1. Stat. 23 Eliz. 1 Sect. 2. Stat. Sect. 20. A reconciled person taking the Oath Provided nevertheless That the last mentioned Clause of this Branch or any thing therein contained shall not extend or be taken to extend to any person or persons whatsoever which shall hereafter be reconciled to the Pope or Sée of Rome as aforesaid for and touching the point of so being reconciled only that shall return into this Realm and thereupon within six days next after such return before the Bishop of the Diocess or two Iustices of Peace joyntly or severally of the County where he shall arrive submit himself to his Majesty and his Laws and take the Oath set forth by Act in the first year of the Reign of the late Quéen Elizabeth commonly called the Oath of Supremacy as also the Oath before set down in this present Act which said Oaths the said Bishop and Iustices respectively shall have Power and Authority by this present Act to minister to such persons as aforesaid And the said Oaths so taken the said Bishop and Iustices before whom such Oaths shall be so taken respectively shall certifie at the next General or Quarter Sessions of the Peace to be holden within the said Shire Limit Division or Liberty wherein such person as aforesaid shall submit himself and take the said Oaths as aforesaid upon pain of every one neglecting to certifie the same as aforesaid the sum of Forty pounds Submission in case of Treason Which shall hereafter be reconciled In the late Additions to Dalton cap. 140. tit High Treason Sect. 12. is intimated that this Clause which provides in Case of Submission extends to no Cases of Treason or Misprision of Treason for there in reciting this part of the Statute the Cases of Treason and Misprision of Treason are excepted which is a great mistake For the Submission here spoken of is only in the Case of a declared Treason scil being reconciled to the Pope or See of Rome For and touching the point of so being reconciled only In the latter part of the former Section there are three several sorts of Offences made Treason Reconciled to the Pope c. what meant thereby 1. To be willingly absolved or withdrawn from a mans natural Obedience 2. To be willingly reconciled to the Pope or See of Rome 3. To promise Obedience to any pretended Authority of that See or to any other Prince State or Potentate but in this Clause only the second of these Offences is remitted in Case of Submission viz. the being reconciled to the Pope or Sée of Rome By which I conceive to be meant the forsaking of the Religion established by Law and embracing that which is professed and maintained by the Pope and See of Rome And in that sense those words are commonly taken at this day And that this is the meaning of those words appears by the Statute of 23 Eliz. cap. 1. which makes it Treason to absolve or withdraw the Subjects from their natural Obedience or to withdraw them from the Religion Established to the Romish Religion or to move them to promise Obedience to the See of Rome or any other Prince c. to answer which follows in that Act three other sorts of Treason viz. to be absolved or withdrawn or to be reconciled or to promise such Obedience so that the Offence of being reconciled answers to the Offence of withdrawing the Subjects from the Religion Established to the Romish Religion which explains what is meant by such Reconciliation viz. the being so withdrawn from the one Religion to the other But by this Clause if a person be thus reconciled that is change his Religion and become a Papist yet if he be capacitated to submit as is required by this Act and submit accordingly and take the Oaths of Supremacy and Allegiance such Offence of being reconciled shall not be Treason But as for being absolved or withdrawn from his natural Obedience Offences not within this Proviso or promising Obedience to the pretended Authority of the See of Rome or any other Prince State or Potentate besides his natural King such Submission and taking the Oaths shall not absolve him from that guilt but he shall have Judgment and suffer for the same as in Case of High Treason notwithstanding such Submission c. Dalton V. cap. 89. tit High Treason is therefore clearly mistaken in extending the benefit of this Submission c. generally to all who have been willingly absolved withdrawn or reconciled or have promised such Obedience Submit himself to his Majesty and his Laws The Kings Laws Stat. 27 Eliz. 2 What Laws are here meant vide Stat. 27 Eliz. cap. 2. Sect. 7. Stat. Sect. 21. Where the Trial shall be And be it further Enacted That all and every person and persons that shall offend contrary to this present branch of this Statute shall be Indicted tried and proceéded against by and before the Iustices of Assize and Goal delivery of that County for the time being or before the Iustices of the Court of Kings Bench and be there procéeded against according to the Laws and Statutes of this Realm against Traitors as if the said Offence had béen committed in the same County where such person or persons shall be so taken Any Law Custom or Statute to the contrary in any wise notwithstanding In what County The Offender may be proceeded against by force of this Act in any County where he shall be imprisoned for
the 1 2 Ph. M. 8. and all and every Branches Clauses and Articles therein contained other than such Branches and Sentences as hereafter shall be excepted may from the last day of this Session of Parliament by Authority of this present Parliament be repealed and shall from thenceforth be utterly void and of none effect The Statute of 1. and 2. Ph. Mar. here mentioned repealed The King declared supream Head Stat. 1 2. Ph. Mar. 8. 26 H. 8. 1. 35 H. 8. 3. the Statutes of 26 H. 8. cap. 1. and 35 H. 8. cap. 3. By both which King Henry the Eighth his Heirs and Successors were declared supream Head of the Church of England And by the repeal of that of 1. and 2. Ph. Mar. those other of 26 and 35 H. 8. were revived and are again in force Co. 4. Inst 325. Vide Sect. 5. Stat. Sect. 3. A reviver of several Stat. And that also for the reviving of divers of the said good Laws and Statutes made in the time of your said dear Father it may also please your Highness That one Act and Statute made in the three and twentieth year of the Reign of the said late King Henry the Eighth entituled An Act that no person shall be cited out of the Diocess where he or she dwelleth except in certain Cases And one other Act made in the Four and Twentieth year of the Reign of the said late King entituled An Act that Appeals in such cases as hath been used to be pursued to the See of Rome shall not be from henceforth had ne used but within this Realm And one other Act made the five and twentieth year of the said late King concerning restraint of payment of Annates and First-fruits of Archbishopricks and Bishopricks to the See of Rome And one other Act in the said five and twentieth year entituled An Act concerning the submission of the Clergy to the Kings Majesty And also one Act made in the five and twentieth year entituled An Act restraining the payment of Annates or First-fruits to the Bishop of Rome and of the Electing and Consecrating of Archbishops and Bishops within this Realm And one other Act made in the said five and twentieth year entituled An Act concerning the Exoneration of the Kings Subjects from Exactions and Impositions heretofore paid to the See of Rome and for having Licences and Dispensations within this Realm without suing further for the same And one other Act made in the six and twentieth year of the said late King entituled An Act for Nomination and Consecration of Suffragans within this Realm And also one other Act made in the eight and twentieth year of the Reign of the said late King entituled An Act for the Release of such as have obtained pretended Licences and Dispensations from the See of Rome And all and every Branches Words and Sentences in the said several Acts and Statutes contained The Sentences and Branches in the aforesaid Statutes shall extend to the Queen by Authority of this present Parliament from and at all times after the last day of this Session of Parliament shall be revived and shall stand and be in full force and strength to all intents constructions and purposes And that the Branches Sentences and Words of the said several Acts and every of them from thenceforth shall and may be judged déemed and taken to extend to your Highness your Heirs and Successors as fully and largely as ever the same Acts or any of them did extend to the said late King Henry the Eighth your Highnesses Father And that it may also please your Highness that it may be enacted by the Authority of this present Parliament That so much of one Act or Statute made in the two and thirtieth year of the Reign of your said dear Father King Henry the Eighth entituled An Act concerning Precontracts of Marriages and touching degrees of Consanguinity as in the time of the late King Edward the sixth your Highnesses most dear Brother by one other Act or Statute was not repealed And also one Act made in the seven and thirtieth year of the Reign of the said late King Henry the Eighth entituled An Act that Doctors of the Civil Law being married may exercise Ecclesiastical Jurisdiction And all and every Branches and Articles in the said two Acts last mentioned and not repealed in the time of the said late King Edward the sixth may from henceforth likewise stand and be revived and remain in their full force and strength to all intents and purposes Any thing contained in the said Act of repeal before mentioned or any other matter or cause to the contrary notwithstanding What Stat. repealed by the Stat. of 1 2 P. M. 8. shall continue repealed And that it may also please your Highness that it may be further enacted by the Authority aforesaid That all other Laws and Statutes and the Branches and Clauses of any Act or Statute repealed and made void by the said Act of Repeal made in the time of the said late King Philip and Quéen Mary and not in this present Act specially mentioned and revived shall stand remain and be repealed and void in such like manner and form as they were before the making of this Act any thing herein contained to the contrary notwithstanding A reviver of the Stat. of 1 Ed. 6. 1. And that it may also please your Highness That it may be enacted by the Authority aforesaid that one Act and Statute made in the first year of the Reign of the late King Edward the sixth your Majesties most dear Brother entituled An Act against such persons as shall unreverently speak against the Sacrament of the Body and Blood of Christ commonly called the Sacrament of the Altar and for the receiving thereof under both kinds and all and every Branches Clauses and Sentences therein contained shall and may likewise from the last day of this Session of Parliament be revived and from thenceforth shall and may stand remain and be in full force strength and effect to all intents constructions and purposes in such like manner and form as the same was at any time in the first year of the Reign of the said late King Edward the Sixth any Law Statute or other matter to the contrary in any wise notwithstanding A repeal of the Statute of 1 2 P. M. 6. and several other Statutes And that also it may please your Highness That it may be further established and enacted by the Authority aforesaid that one Act and Statute made in the first and second years of the late King Philip and Queen Mary entituled An Act for the reviving of three Statutes made for the punishment of Heresies and also the said three Statutes mentioned in the said Act and by the same Act revived And all and every Branches Articles Clauses and Sentences contained in the said several Acts and Statutes and every of them shall be
from the last day of this Session of Parliament deemed and remain utterly repealed void and of none effect to all intents and purposes Any thing in the said several Acts or any of them contained or any other matter or cause to the contrary notwithstanding Stat. Sect. 4. The abolishing of Forreign Authority And to the intent that all usurped and Forreign Power and Authority Spiritual and Temporal may for ever be clearly extinguished and never to be used or obeyed within this Realm or any other your Majesties Dominions or Countries may it please your Highness That it may be further enacted by the Authority aforesaid That no Forreign Prince Person Prelate State or Potentate Spiritual or Temporal shall at any time after the last day of this Session of Parliament use enjoy or exercise any manner of Power Iurisdiction Superiority Authority Preheminence or Priviledge Spiritual or Ecclesiastical within this Realm or within any other your Majesties Dominions or Countries that now be or hereafter shall be but from thenceforth the same shall be clearly abolished out of this Realm and all other your Highnesses Dominions for ever Any Statute Ordinance Custom Constitutions or any other matter or cause whatsoever to the contrary in any wise notwithstanding By the abrogating the Jurisdiction of any Forreign Prelate Archbishop of Canterburies concurrent Jurisdiction abrogated all Jurisdiction derived from such Forreigner is abrogated likewise And therefore the concurrent Jurisdiction which the Archbishop of Canterbury is supposed to have in the inferiour Diocesses ought not now to be exercised by him but is utterly taken away by this Act For he had it not as Archbishop but as Legatus natus to the Pope and if continued to be exercised is a meer Usurpation Hobart 17. Dr. James's Case And that also it may likewise please your Highness Stat. Sect. 5. Ecclesiastical Jurisdiction annexed to the Crown that it may be established and enacted by the Authority aforesaid that such Iurisdictions Priviledges Superiorities and Preheminences Spiritual and Ecclesiastical as by any Spiritual or Ecclesiastical Power or Authority hath heretofore béen or may lawfully be exercised or used for the Visitation of the Ecclesiastical State and Persons and for Reformation Order and Correction of the same And of all manner of Errors Heresies Schisms Abuses Offences Contempts and Enormities shall for ever by Authority of this present Parliament be united and annexed to the Imperial Crown of this Realm Sir Edward Coke 4. Inst 325. calls this an Act of Restitution of the ancient Jurisdiction Ecclesiastical which always belonged of Right to the Crown of England That is a restitution of the exercise of it For in truth this Statute is not introductory of a new Law The Kings ancient Jurisdiction Ecclesiastical but declaratory of the old and annexes not any Jurisdiction to the Crown but that which was or of right ought to be by the ancient Laws of this Realm parcel of the Kings Jurisdiction By which Laws the King as supream Head hath full and intire Power in all causes Ecclesiastical as well as Temporal For the Ecclesiastical Laws are the Kings Laws as well as the Temporal And the Judges of either of those Laws derive their Authority from him alone Co. 5.8 9. Cawdries Case where are several instances of Ecclesiastical Jurisdiction exercised by the Kings of this Realm in several Ages Moore 755. b. 1043. The King is Persona mixta And in this respect the King is said to be Persona mixta and Persona mixta unita cum Sacerdotibus for that he hath both Ecclesiastical and Temporal Jurisdiction 10 H. 7.18 Co. 2.44 Bishop of Winchesters Case Coke 13.17 Case of Modus Decimandi Vid. Co. lib. 6. Praefac ' And supream Ordinary The King is the supream Ordinary and by the ancient Laws of this Realm may without any Act of Parliament make Ordinances and Institutions for the Government of the Clergy and may deprive them if they obey not Moore 755. C. 1043. Cro. Trin. 2. Jac. 37. And if there be a controversie between Spiritual Persons concerning their Jurisdiction the King is Arbitrator and 't is a right of his Crown to distribute to them and to declare their Bounds Hobart 17. Dr. James's Case Laws to be administred distinctly And yet although these Jurisdictions Ecclesiastical and Temporal are both in the King they are not to be confounded For although both Laws are the Kings Laws yet they are to be administred distinctly so that he who hath Ecclesiastical Jurisdiction derived from the King ought not to usurp upon the temporal Law And the Ecclesiastical Judge who meddles in Temporal Causes or Suits and draws the Interest or Cause of the Subject which ought to be determined by the Common Law ad aliud examen viz. to be decided by the Ecclesiastical Law offends contra Coronam dignitatem Regiam In confounding those Jurisdictions of the King which ought to be kept separate and distinct Prohibition And in such Cases not only a Prohibition lies but the Ecclesiastical Judge if the Cause originally belongs to the Common Law Pramunire and not to the Ecclesiastical Court incurs a Praemunire for depriving the Subject of the benefit of the Common Law which is his Birthright Co. 12.37 38 39 40. Co. 3. Inst 120. And therefore it was Resolved That if a man be excommunicated in the Bishops Court for a matter which belongs to the determination of the Common Law 't is no less than a Praemunire Praemunire And that by force of the word elsewhere in the Statute of 16 R. 2. cap. 5. Stat. 16 R. 2. 5. If any man pursue in the Court of Rome or elsewhere c. 5 E. 4.6 The King may do what the Pope might by the Canon Law By this and the former Clause which restores to the King the Title and Exercise of the Power of Supream Head of the Church of England and annexes to the Crown all Ecclesiastical Jurisdiction heretofore exercised by any Forreigner The King as supream Head may do whatever the Pope might formerly do within this Realm by the Canon Law And upon this ground it was resolved Trin. 39 Eliz. in Hollingworths Case in the Kings-Bench That notwithstanding the Statute of 25 H. 8. cap. 19. Stat. 25 H. 8. 19 which makes the sentence of the Delegates definitive and saith that no further Appeal shall be had yet the King after such definitive Sentence may grant a Commission of Review Commission ad revidendum For that after a definitive Sentence the Pope as supream Head by the Canon Law used to grant a Commission ad revidendum Co. 4. Inst 341. Upon this ground it was likewise resolved in the Case of Grendon versus the Bishop of Lincoln al' That the King with the consent of the Patron and without the Bishop may make an Appropriation Appropriation And in such Case the King doth it Authoritate sua regia
suprema Ecclesiastica qua fungitur for so are the words in the Charter there Plowden 497 498 500. Vide Co. 5. 10. Cawdries Case Co. 11. 10 11. Pridle and Nappers Case And where the King is Patron an Appropriation may be made by him alone Addition to Popham 145. And as he is supream Head and supream Ordinary a Resignation Resignation made to him of a Deanry is as good as if it were made to the Bishop Dyer 12 13 Eliz. 293. Pollard and Walronds Case Plowden 498. Palmer 493. Hayward and Fulchers Case And that your Highness your Heirs and Successors Stat. Sect. 6. The Queen may assign Commissioners to exercise Ecclesiastical Jurisdiction Kings or Queens of this Realm shall have full Power and Authority by vertue of this Act by Letters Patents under the Great Seal of England to assign name and authorize when and as often as your Highness your Heirs or Successors shall think meet and convenient And for such and so long time as shall please your Highness your Heirs or Successors such person or persons being natural born Subjects to your Highness your Heirs or Successors as your Majesty your Heirs or Successors shall think meet to exercise use occupy and execute under your Highness your Heirs and Successors all manner of Iurisdictions Priviledges and Preheminencies in any wise touching or concerning any Spiritual or Ecclesiastical Iurisdiction within these your Realms of England and Ireland or any other your Highnesses Dominions and Countries And to visit reform redress order correct and amend all such Errors Heresies Schisms Abuses Offences Contempts and Enormities whatsoever which by any manner of Spiritual or Ecclesiastical Power Authority or Iurisdiction can or may lawfully be reformed ordered redressed corrected restrained or amended to the pleasure of Almighty God the increase of Virtue and the conservation of the Peace and Vnity of this Realm And that such person or persons so to be named assigned authorized and appointed by your Highness your Heirs or Successors after the said Letters Patents to him or them made and delivered as is aforesaid shall have full Power and Authority by virtue of this Act and of the said Letters Patents under your Highness your Heirs or Successors to exercise use and execute all the premisses according to the tenor and effect of the said Letters Patents Any matter or cause to the contrary in any wise notwithstanding High Commission Court The Jurisdiction and Authority here by given to the late Court commonly called the High Commission Court are now taken away by Act of Parliament but the Power here given the Queen to constitute such Commissioners was no more than she had before by ancient Prerogative and the Laws of England For thereby she might have made such an Ecclesiastical Commission if this Act of 1 Eliz. had never been made Co. 5.8 9. Cawdries Case Cro. Trin. 2. Jac. 37. Stat. Who are compellable to take the Oath Ecclesiastical Persons and Officers Judge Justice Mayor Temporal Officer He that hath the Queens Fee And for the better observation and maintenance of this Act may it please your Highness That it may be further enacted by the Authority aforesaid That all and every Archbishop Bishop and all and every other Ecclesiastical person and other Ecclesiastical Officer and Minister of what Estate Dignity Preheminence or Degree soever he or they be or shall be and all and every temporal Iudge Iustice Mayor and other Lay or Temporal Officer and Minister and every other person having your Highnesses Fees or Wages within this Realm or any your Highnesses Dominions shall make take and receive a corporal Oath upon the Evangelist before such person or persons as shall please your Highness your Heirs or Successors under the Great Seal of England to assign and name to accept and to take the same according to the tenor and effect hereafter following that is to say I A. B. do utterly testifie and declare in my Conscience The Oath for the Queens Supremacy That the Queens Highness is the only Supream Governour of this Realm and of all other Her Highness Dominions and Countries as well in all Spiritual or Ecclesiastical Things or Causes as Temporal And that no Forreign Prince Person Prelate State or Potentate hath or ought to have any Jurisdiction Power Superiority Preheminence or Authority Ecclesiastical or Spiritual within this Realm And therefore I do utterly renounce and forsake all Forreign Jurisdictions Powers Superiorities and Authorities and do promise that from henceforth I shall bear Faith and true Allegiance to the Queens Highness her Heirs and lawful Successors and to my Power shall assist and defend all Jurisdictions Priviledges Preheminences and Authorities granted or belonging to the Queens Highness her Heirs and Successors or united and annexed to the Imperial Crown of this Realm So help me God and by the Contents of this Book And that it may also be Enacted The penalty for refusing the Oath That if any such Archbishop Bishop or other Ecclesiastical Officer or Minister or any of the said Temporal Iudges Iusticiaries or other Lay-Officer or Minister shall peremptorily or obstinately refuse to take or receive the said Oath That then he so refusing shall forfeit and lose only during his life all and every Ecclesiastical and Spiritual Promotion Benefice and Office and every Temporal and Lay-Promotion and Office which he hath solely at the time of such refusal made And that the whole Title Interest and Incumdency in every such Promotion Benefice and other Office as against such person only so refusing during his life shall clearly cease and be void as though the party so refusing were dead And that also all and every such person and persons so refusing to take the said Oath shall immediately after such refusal be from thenceforth during his life disabled to retain or exercise any Office or other Promotion which he at the time of such refusal hath joyntly or in Common with any other person or persons And that all and every person and persons that at any time hereafter shall be preferred promoted or collated to any Archbishoprick or Bishoprick or to any other Spiritual or Ecclesiastical Benefice Promotion Dignity or Office or Ministry or that shall be by your Highness your Heirs or Successors preferred or promoted to any Temporal or Lay-Office Ministry or Service within this Realm or in any your Highness Dominions before he or they shall take upon him or them to receive use exercise supply or occupy any such Archbishoprick Bishoprick Promotion Dignity Office Ministry or Service shall likewise make take and receive the said Corporal Oath before mentioned upon the Evangelist before such persons as have or shall have Authority to admit any such person to any such Office Ministry or Service or else before such person or persons as by your Highness your Heirs or Successors by Commission under the Great Seal of England shall be named assigned or appointed to minister the
Act of Repeal made in the said first and second years of the Reigns of the said late King Philip and Quéen Mary as doth in any wise touch or concern any matter or cause of Praemunire or that doth make or ordain any matter or cause to be within the Case of Praemunire but that the same for so much only as toucheth or concerneth any Case or matter of Praemunire shall stand and remain in such force and effect as the same was before the making of this Act Any thing in this Act contained to the contrary in any wise notwithstanding Provided also and be it enacted by the Authority aforesaid Offences committed against Statutes revived That this Act or any thing therein contained shall not in any wise extend or be prejudicial to any person or persons for any Offence or Offences committed or done or hereafter to be committed or done contrary to the tenour and effect of any Act or Statute now revived by this Act before the end of thirty days next after the end of the Session of this present Parliament Any thing in this Act contained or any other matter or cause to the contrary notwithstanding Stat. Sect. 11. Trial of Peers And if it happen that any Peér of this Realm shall fortune to be indicted of and for any Offence that is revived or made Praemunire or Treason by this Act that then he so being indicted shall have his Trial by his Péers in such like manner and form as in other Cases of Treason hath been used Provision for Trial of Peers The provision made in this and other Acts of Parliament for the Trial of a Peer by his Peers in case of Treason where he was to be tried according to the course of the Common Law is Ex abundanti and he should have such Trial if no such Proviso were inserted the like in the Case of Felony Stamford Pl. Coron 153. Stat. Sect. 12. No matter of Religion c. made by this Parliament shall be adjudged Error Heresie or Schism Provided always and be it enacted as is aforesaid That no manner of Order Act or Determination for any matter of Religion or cause Ecclesiastical had or made by the Authority of this present Parliament shall be accepted deémed interpreted or adjudged at any time hereafter to be any Error Heresie Schism or schismatical Opinion Any Order Decreé Sentence Constitution or Law whatsoever the same be to the contrary notwithstanding What things the Commissiners may adjudge to be Heresie Provided always and be it enacted by the Authority aforesaid That such person or persons to whom your Highness your Heirs or Successors shall hereafter by Letters Patents under the Great Seal of England give Authority to have or execute any Iurisdiction Power or Authority Spiritual or to visit reform order or correct any Errors Heresies Schisms Abuses or Enormities by virtue of this Act shall not in any wise have Authority or Power to Order determine or adjudge any matter or cause to be Heresie but only such as heretofore have been determined ordered or adjudged to be Heresie by the Authority of the Canonical Scriptures The Scripture Four general Counsels or by the first four general Counsels or any of them or by any other general Counsel wherein the same was declared Heresie by the express and plain words of the said Canonical Scriptures or such as hereafter shall be ordered judged or determined to be Heresie by the high Court of Parliament of this Realm with the assent of the Clergy in their Convocation Any thing in this Act contained to the contrary notwithstanding None shall be indicted or arraigned but by Witnesses And be it further enacted by the Authority aforesaid That no person or persons shall be hereafter indicted or arraigned for any of the Offences made ordained revived or adjudged by this Act unless there be two sufficient Witnesses or more to testifie and declare the said Offences whereof he shall be indicted or arraigned And that the said Witnesses or so many of them as shall be living and within this Realm at the time of Arraignment of such person so indicted shall be brought forth in person face to face before the party so arraigned and there shall testifie and declare what they can say against the party so arraigned if he require the same Provided also A Proviso for them that give relief to Offenders and be it further enacted by the Authority aforesaid That if any person or persons shall hereafter happen to give any relief aid or comfort or in any wise be aiding helping or comforting to the person or persons of any that shall hereafter happen to be an Offender in any matter or case of Praemunire or Treason revived or made by this Act that then such relief aid or comfort given shall not be judged or taken to be any Offence unless there be two sufficient Witnesses at the least that can and will openly testifie and declare that the person or persons that so give such relief aid or comfort had notice and knowledge of such Offence committed and done by the said Offender at the time of such relief aid or comfort so to him given or ministred Any thing in this Act contained or any other matter or cause to the contrary in any wise notwithstanding And where one pretenced sentence hath heretofore béen given in the Consistory in Pauls before certain Iudges De Legate by the Authority Legantine of the late Cardinal Poole by reason of a Forreign usurped Power and Authority against Richard Chetwood Esq and Agnes his Wife Chetwoods Appeal to the Court of Rome by the name of Agnes Woodhull at the suit of Charles Tyrrel Gent. in a Cause of Matrimony solemnized betweén the said Richard and Agnes as by the same pretended Sentence more plainly doth appear from which Sentence the said Richard and Agnes have appealed to the Court of Rome which Appeal doth there remain and yet is not determined May it therefore please your Highness that it may be enacted by the Authority aforesaid That if Sentence in the said Appeal shall happen to be given at the said Court of Rome for and in the behalf of the said Richard and Agnes for the reversing of the said pretenced Sentence before the end of threéscore days next after the end of this Session of this present Parliament that then the same shall be judged and taken to be good and effectual in the Law and shall and may be used pleaded and allowed in any Court or Place within this Realm Any thing in this Act or in any other Act or Statute contained to the contrary notwithstanding And if no Sentence shall be given at the Court of Rome in the said Appeal for the reversing of the said pretenced Sentence before the end of the said thréescore days that then it shall and may be lawful for the said Richard and Agnes and either of them at any time hereafter to
commence take sue and prosecute their said Appeal from the said pretenced Sentence and for the reversing of the said pretenced Sentence within this Realm in such like manner and form as was used to be pursued or might have béen pursued within this Realm at any time since the xxiv year of the Reign of the said late King Henry the Eighth upon Sentences given in the Court or Courts of any Archbishop within this Realm And that such Appeal as so hereafter shall be taken or pursued by the said Richard Chetwood and Agnes or either of them and the Sentence that herein or thereupon shall hereafter be given shall be judged to be good and effectual in the Law to all intents and purposes any Law Custom Vsage Canon Constitution or any other matter or cause to the contrary notwithstanding An Appeal between Richard Harcourt and Anthony Fydell Provided also and be it enacted by the Authority aforesaid That where there is the like Appeal now depending in the said Court of Rome betweén one Richard Harcourt Merchant of the Staple and Elizabeth Harcourt otherwise called Elizabeth Robins of the one party and Anthony Fydell Merchant Stranger on the other party that the said Robert Elizabeth and Anthony and every of them shall and may for the prosecuting and trying of their said Appeal have and enjoy the like remedy benefit and advantage in like manner and form as the said Richard and Agnes or any of them hath may or ought to have and enjoy this Act or any thing therein contained to the contrary in any wise notwithstanding Stat. i Eliz. cap. ii An Act for the Vniformity of Common Prayer and Service in the Church and the Administration of the Sacraments WHere at the death of our late Soveraign Lord King Edward the Sixth Stat. Sect. 1. there remained one uniform Order of Common Service and Prayer and of the Administration of Sacraments Rites and Ceremonies in the Church of England which was set forth in one Book Intituled The Book of Common Prayer and Administration of Sacraments and other Rites and Ceremonies in the Church of England Authorized by Act of Parliament holden in the Fifth and Sixth years of our said late Sovereign Lord King Edward the Sixth Intituled An Act for the Vniformity of Common Prayer and Administration of the Sacraments the which was repealed and taken away by Act of Parliament in the First year of the Reign of our late Sovereign Lady Quéen Mary to the great decay of the due honour of God and discomfort to the Professors of the Truth of Christ's Religion Be it therefore Enacted by the Authority of this present Parliament That the said Estatute of Repeal A repeal of the Statute of 1 M. 2. And the Book of Common Prayer shall be in force and every thing therein contained only concerning the said Book and the Service Administration of the Sacraments Rites and Ceremonies contained or appointed in or by the said Book shall be void and of none effect from and after the Feast of the Nativity of Saint John Baptist next coming And that the said Book with the Order of Service and of the Administration of Sacraments Rites and Ceremonies with the alteration and additions therein added and appointed by this Estatute shall stand and be from and after the said Feast of the Nativity of Saint John Baptist in full force and effect according to the tenor and effect of this Estatute Any thing in the aforesaid Estatute of Repeal to the contrary notwithstanding Stat. Sect. 2. The Book of Common Prayer shall be used And further Be it Enacted by the Queens Highness with the assent of the Lords and Commons in this present Parliament assembled and by the Authority of the same That all and singular Ministers in any Cathedral or Parish Church or other place within this Realm of England Wales and the Marches of the same or other the Quéens Dominions shall from and after the Feast of the Nativity of Saint John Baptist next coming be bounden to say and use the Mattens Evensong Celebration of the Lords Supper and Administration of each of the Sacraments and all the Common and open Prayer The alteration of the Book set forth 5 6 Ed. 6. in such Order and Form as is mentioned in the said Book so Authorized by Parliament in the said Fifth and Sixth years of the Reign of King Edward the Sixth with one alteration or addition of certain Lessons to be used on every Sunday in the year and the Form of the Letany altered and corrected and two sentences only added in the delivery of the Sacrament to the Communicants and none other or otherwise The forfeiture of those which use any other Service then the Book of Common Prayer And that if any manner of Parson Vicar or other whatsoever Minister that ought or should sing or say Common Prayer mentioned in the said Book or Minister the Sacraments from and after the Feast of the Nativity of Saint John Baptist next coming refuse to use the said Common Prayers or to Administer the Sacraments in such Cathedral or Parish Church or other places as he should use to Minister the same in such Order and Form as they be mentioned and set forth in the said Book or shall wilfully or obstinately standing in the same use any other Rite Ceremony Order Form or Manner of celebrating the Lords Supper openly or privily or Mattens Evensong Administration of the Sacraments or other open Prayers then is mentioned and set forth in the said Book open Prayer in and throughout this Act is meant that Prayer which is for others to come unto or hear either in common Churches The Penalty for depraving the Book of Common Prayer or private Chappels or Oratories commonly called the Service of the Church or shall Preach Declare or Speak any thing in the Derogation or Depraving of the said Book or any thing therein contained or of any part thereof and shall be thereof lawfully convicted according to the Laws of this Realm by Verdict of twelve Men or by his own Confession or by the notorious Evidence of the Fact shall loose and forfeit to the Queens Highness her Heirs and Successors for his first offence the profit of all his Spiritual Benefices or Promotions coming or arising in one whole year next after his conviction And also that the person so convicted shall for the same Offence suffer Imprisonment for the space of Six months without Bail or Mainprize That ought or should sing or say Common Prayer c. What Minister is here meant Although the first part of this Clause viz. All and singular Ministers in any Cathedral or Parish Church or other place seems to intend a local Minister only and not one who is neither Parson Vicar or Stipendiary Chaplain yet the next words If any Parson Vicar or other Minister that ought to say Common Prayer or minister the Sacraments c. clearly comprehend all lawful
Common Law preferred or other Law or Laws used or allowed within this Realm c. This takes in so much of the Canon and Civil Law as is allowed here But the Common Law as the peculiar Law of this Kingdom is here preferred and particularly mentioned and not the Canon Law as is erroneously said in the late Additions to Dalton Cap. 81. tit Recusants Sect. 11. As have or shall have Authority by Common use c. Who are to administer the Oath The Statute saith not That those who belong not to any Court shall take the Oath before those who are authorized by Common use to give it as Wingate tit Crown numb 20. mistakes the meaning of this Clause For this being then a new Oath devised by the makers of the Act of 1 Eliz. no person could have Authority by Common use to administer it And the Act plainly enough speaks of those who have Authority by Common use to admit the party to the Office and not Authority by Common use to give the Oath And also Stat. Sect. 5. The Bishop may tender the Oath to any Spiritual person Be it Enacted by the Authority of this present Parliament That every Archbishop and Bishop within this Realm and Dominions of the same shall have full Power and Authority by virtue of this Act to tender or minister the Oath aforesaid to every or any Spiritual or Ecclesiastical person within their proper Diocess as well in Places and Iurisdictions exempt as elsewhere If a man be Indicted for refusing this Oath before him who is reputed to be Bishop of the Diocess Bishop or not Bishop and he plead to the Indictment Non culp he may upon that issue give in Evidence Quod non fuit Episcopus tempore oblationis Sacramenti Dyer 6 7 Eliz. 234. Bonners Case Stat. Sect. 6. The Lord Chancellor may direct Commissions to take the Oath of any person And be it Enacted by the Authority aforesaid That the Lord Chancellor or Kéeper of the Great Seal of England for the time being shall and may at all times hereafter by vertue of this Act without further Warrant make and direct Commission or Commissions under the Great Seal of England to any person or persons giving them or some of them thereby Authority to tender and minister the Oath aforesaid to such person or persons as by the aforesaid Commission or Commissions the said Commissioners shall be authorized to tender the same Oath unto The penalty for the first refusal of the Oath And be it also further Enacted by the Authority of this present Parliament That if any person or persons appointed or compellable by this Act or by the said Act made in the said first year to take the said Oath Or if any person or persons to whom the said Oath by any such Commission or Commissions shall be limited and appointed to be tendred as is aforesaid do or shall at the time of the said Oath so tendred refuse to take or pronounce the said Oath in manner and form aforesaid that then the party so refusing and being thereof lawfully Indicted or presented within one year next after any such refusal and convicted or attainted at any time after according to the Laws of this Realm shall suffer and incur the dangers penalties pains and forfeitures ordained and provided by the Statute of Provision and Praemunire aforesaid made in the 16th year of the Reign of King Richard the second Stat. Sect. 7. Certificate of Refusal into the Kings-Bench And furthermore be it Enacted by the Authority aforesaid That all and every such person and persons having Authority to tender the Oath aforesaid shall within forty days next after such refusal or refusals of the said Oath if the Term be then open and if not then at the first day of the full Term next following the said forty days make true Certificate under his or their Seal or Seals of the names places and degrees of the person or persons so refusing the same Oath before the Quéen her Heirs or Successors in her or their Court commonly called the Kings-Bench upon pain that every of the said persons having such Authority to tender the said Oath making default of such Certificate shall for every such default forfeit 100 l. to the Queens Highness her Heirs or Successors And that the Sheriff of the County where the said Court commonly called the Kings-Bench shall for the time be holden shall or may by vertue of this Act impannel a Iury of the same County to enquire of and upon every such refusal and refusals Indictment of the Offender Which Iury shall or may upon every such Certificate and other Evidence to them in that behalf to be given by vertue of this Act proceed to Indict the person and persons so offending in such sort and degree to all intents and purposes as the same Iury may do of any Offence or Offences against the Queens Majesties Peace perpetrated committed or done within the same County of and for the which the same Iury is so Impannelled Terme When the Term Term. is open and which is the first day of full Term Vide supra Sect. 3. Make true Certificate c. in the Kings-Bench Certificate of refusal by whom brought in not material It is not necessary that it be mentioned of Record in the Kings-Bench how or by whom the Certificate was brought in thither And in Bonners Case where the Bishop of Winchester certified the refusal of this Oath And exception was taken that the Certificate was entred to be brought into Court per A. B. Cancellarium dicti Episcopi but not per mandatum Episcopi the exception was dissallowed for that reason Dyer 6. 7. Eliz. 234. Impannel a Iury of the same County to inquire A Jury of the County where the Kings-Bench is And a Jury of the County where the Kings-Bench is can do no more in this Case then inquire that is Indict the party refusing the Oath unless where the refusal is in the same County Horne Bishop of Winchester tendred this Oath in Surrey parcel of his Diocess to Bonner then late Bishop of London By what Jury the Offender shall be Tryed who refused to take it and this was certified by the Bishop of Winchester into the Kings-Bench then sitting at Westminster in the County of Middlesex where Bonner was Indicted by a Jury of that County according to this Act the Question was by what County he should be Tryed whether by a Jury of Middlesex where the Indictment was taken or by a Jury of Surrey where the offence was committed And it was resolved that he should be Tryed by a Jury of Surrey for this Statute extendeth to the Indictment only and leaveth the Trial to the Common Law which appoints it to be where the Offence is committed for regularly by the Common Law debet quis juri subjacere ubi deliquit Dyer 6. 7. Eliz. 234. Co. 3.
be understood of such an Estate as he may lawfully forfeit And the general words of the Statute of Praemunire Stat. 16 R. 2. 5. W. 2. 1. 16 R. 2. c. 5. scil Lands and Tenements shall not take away the force of the Statute de donis Conditionaelibus Co. 1. Inst 130. 391. Co. 11. 63. Godbolt 308. Lord Sheffeild and Ratcliffe And the person attainted in a Praemunire is disabled to be a Witness in any Cause Co. 1. Inst 6. or to Sue For Attainder in a Praemunire is a good plea in disability of the Plaintiff A person attainted in a Praemunire was out of the Kings Protection Sc. 25 E. 3. 22. according to Littleton 41. By the Statute of 25 E. 3. cap. 22. which saith That a man attainted in a Praemunire shall be out of the Kings Protection and it may be done with him as with the Kings Enemy It seemeth that any man might have lawfully slain such a person as was held 24 H. 8. Bro. Coron 196. Vide Bulstrode 2. 299. Sir Anthony Mildmay's Case And this Sir Edward Coke Co. 7. 14. Calvins Case Co. 12. 38. seemeth to allow for Law before this Statute of 5 Eliz. and positively affirms it to have been Law in his 1 Inst 130. and yet in the same Case of Calvin he saith that in that Statute of 25 E. 3. is intended only a legal Protection according to Littleton 41. and so likewise he expounds it in his 3d Inst. 126. But yet that the party attainted was still under that Protection which the Law of Nature giveth to the King which he explains to be such a Protection as a person attainted of Felony or Treason is under notwithstanding his Attainder so that if any man had killed him without Warrant he should have been punished by Law as a manslayer And this sort of Protection by the Law of Nature saith he is indelebilis immutabilis which the Parliament could not take away But yet under favour if a man attainted in a Praemunire were before this Act of 5 Eliz. under that indeleble and immutable Protection of the King given by the Law of Nature then the Opinion held in Brooke and allowed by himself was not Law But if that Opinion in Brooke were Law and any man might before this Statute have killed a man attainted in a Praemunire and that by force of the Statute of 25 E. 3. it follows that the Protection which the Law of Nature giveth is not indelebilis or immutabilis but that an Act of Parliament might in a particular Case take it away But there is now no further need of this Question in the Case of a Praemunire For if this Protection by the Law of Nature were taken away by 25 E. 3. it is now restored by this Statute and no man can lawfully slay a person attainted in a Praemunire no more than he can without Warrant a man attainted of Felony or Treason Provided always Stat. Sect. 15. Upon what proof only any person may be indicted and be it Enacted by the Authority aforesaid That no person or persons shall hereafter be Indicted for assisting aiding maintaining comforting or abetting of any person or persons for any the said Offences in extolling setting forth or defending of the usurped Power and Authority of the Bishop of Rome unless he or they be thereof lawfully accused by such good and sufficient testimony or proof as by the Iury by whom he shall so be Indicted shall be thought good lawful and sufficient to prove him or them guilty of the said Offences Stat. xiii Eliz. cap. ii An Act against the bringing in and putting in Execution of Bulls Writings or Instruments and other Superstitious things from the See of Rome Stat. Sect. 1. A rehearsal of the Stat. of 5 El. 1. touching the abolishing of the Authority of the Bishop and See of Rome WHere in the Parliament holden at Westminster in the fifth year of the Reign of our Sovereign Lady the Quéens Majesty that now is by one Act and Statute then and there made Intituled An Act for the Assurance of the Queens Majesties Royal Power over all States and Subjects within her Highness Dominions it is among other things very well ordained and provided for the abolishing of the usurped Power and Iurisdiction of the Bishop of Rome and of the See of Rome heretofore unlawfully claimed and usurped within this Realm and other the Dominions to the Quéens Majestie belonging That no person or persons shall hold or stand with to set forth maintain defend or extol the same usurped Power or attribute any manner of Iurisdiction Authority or Preheminence to the same to be had or used within this Realm or any the said Dominions upon pain to incur the danger penalties and forfeitures ordained and provided by the Statute of Provision and Praemunire made in the sixteenth year of the Reign of King Richard the second as by the same Act more at large it doth and may appear And yet nevertheless divers seditious and very evil disposed people without respect of their Duty to Almighty God or of the Faith and Allegiance which they ought to bear and have to our said Sovereign Lady the Quern and without all fear and regard had to the said good Law and Statute or the pains therein limited but minding as it should seem very seditiously and unnaturally not only to bring this Realm and the Imperial Crown thereof being in very deed of it self most free into the thraldom and subjection of that Forreign usurped and unlawful Iurisdiction Preheminence and Authority claimed by the said See of Rome but also to estrange and alienate the minds and hearts of sundry her Majesties Subjects from their dutiful obedience and to raise and stir Sedition and Rebellion within this Realm to the disturbance of the most happy peace thereof have lately procured and obtained to themselves from the said Bishop of Rome The effect of Bulls brought from Rome and his said Sée divers Bulls and Writings the effect whereof hath been and is to absolve and reconcile all those that will be contented to forsake their due obedience to our most gracious Sovereign Lady the Queens Majesty and to yield and subject themselves to the said fained unlawful and usurped Authority and by colour of the said Bulls and Writings the said wicked persons very secretly and most seditiously in such parts of this Realm where the people for want of good instruction are most weak simple and ignorant and thereby farthest from the good understanding of their Duties towards God and the Quéens Majesty have by their lewd and subtile practises and perswasion so far forth wrought that sundry simple and ignorant persons have been contented to be reconciled to the said usurped Authority of the See of Rome and to take absolution at the hands of the said naughty and subtile practicers whereby hath grown great dissobedience and boldness in many not only to withdraw and absent themselves from all
Divine Service now most Godly set forth and used within this Realm but also have thought themselves dischorged of and from all Obedience Duty and Allegiance to her Majesty whereby most wicked and unnatural Rebellion hath ensued and to the further danger of this Realm is hereafter very like to be renewed if the ungodly and wicked attempts in that behalf be not by severity of Laws restrained and bridled For remedy and redress whereof Stat. Sect. 2. Putting in ure any Bull of Absolution or reconciliation from the Bishop of Rome and to prevent the great mischiefs and inconveniencies that thereby may ensue Be it Enacted by the Queens most Excellent Majesty with the assent of the Lords Spiritual and Temporal and the Commons in this present Parliament assembled and by Authority of the same That if any person or persons after the first day of July next coming shall use or put in ure in any place within this Realm or in any the Queens Dominions any such Bull Writing or Instrument Written or Printed of Absolution or Reconciliation at any time heretofore obtained and gotten or at any time hereafter to be obtained and gotten from the said Bishop of Rome or any his Successors or from any other person or persons Authorized or claiming Authority by or from the said Bishop of Rome his Predecessors or Successors or See of Rome Or if any person or persons after the said first day of July Absolving or reconciling of any person and being absolved or reconciled shall take upon him or them by colour of any such Bull Writing Instrument or Authority to absolve or reconcile any person or persons or to grant or promise to any person or persons within this Realm or any other the Queens Majesties Dominions any such absolution or reconciliation by any Speéch Preaching Teaching Writing or any other open Déed Or if any person or persons within this Realm or any of the Quéens Dominions after the said first day of July shall willingly receive and take any such absolution or reconciliation Getting of any Bull from Rome containing any matter whatsoever or publishing or putting in ure the same Or else if any person or persons have obtained or gotten since the last day of the Parliament holden in the first year of the Queens Majesties Reign or after the said first day of July shall obtain or get from the said Bishop of Rome or any his Successors or See of Rome any manner of Bull Writing or Instrument Written or Printed containing any thing matter or cause whatsoever or shall Publish or by any ways or means put in ure any such Bull Writing or Instrument That then all and every such act and acts offence and offences shall be deemed and adjudged by the Authority of this Act to be High Treason and the Offender and Offenders therein their Procurors Abettors and Counsellors to the Fact and committing of the said offence or offences shall be deemed and adjudged High Traitors to the Queen and the Realm and being thereof lawfully Indicted and Attainted according to the course of the Laws of this Realm shall suffer pains of Death and also loose and forfeit all their Lands Tenements Hereditaments Goods and Chattels as in Cases of High Treason by the Laws of this Realm ought to be lost and forfeited The Popes Bull. Bull. The Popes Bulls in Latin called Bullae are so called Quod Bullis plumbeis obsignentur and in them consilium voluntas Papae continentur Vide Termes de la Ley 43. Bull. Absolution and Reconciliation Absolution or Reconciliation A man absolves or reconciles or is absolved or reconciled to the Pope or See of Rome without any Bull Writing or Instrument to that purpose This Case seems not to be within the meaning of this Statute For there must be some Bull Writing or Instrument to Authorize such Absolution or Reconciliation or the person who gives or receives it is not punishable by this Act Stat. 23 Eliz. 1. 3 Jac. 4. although he may be by 23 Eliz. cap. 1. and 3 Jac. cap. 4. Stat. Sect. 3. And be it further Enacted by the Authority aforesaid That all and every aiders comforters or maintainers of any the said Offender or Offenders after the committing of any the said Acts or Offences to the intent to set forth uphold or allow the doing or execution of the said usurped Power Aiders Comforters and Maintainers of Offenders after the Offence Iurisdiction or Authority touching or concerning the premises or any part thereof shall incur the pains and penalties contained in the Statute of Praemunire made in the sixteénth year of the Reign of King Richard the second To the intent Vide supra Stat. 5 Eliz. cap. 1. Sect. 2. Intent Stat. 5 Eliz 1. postea Sect. 6. Provided always Stat. Sect. 4. Concealing or not disclosing of a Bull or reconciliation offered and be it further Enacted by the Authority aforesaid That if any person or persons to whom any such Absolution Reconciliation Bull Writing or Instrument as is aforesaid shall after the said first day of July be offered moved or perswaded to be used put in ure or executed shall conceal the same offer motion or perswasion and not disclose and signifie the same by writing or otherwise within six weéks than next following to some of the Queéns Majesties Privy Counsel or else to the President or Vice-president of the Queéns Majesties Counsel established in the North parts or in the Marches of Wales for the time being that then the same person or persons so concealing and not disclosing or not signifying the said offer motion or perswasion shall incur the loss danger penalty and forfeiture of Misprision of High Treason Note Concealers of the Offence All concealers of this Offence are not within the danger of this Law as Wingate misrecites the Clause tit Crown numb 35. And therefore if a man be present at such offer motion or perswasion and conceal it he shall not incur Misprision of Treason unless he be the party to whom any such Bull c. or Absolution c. was offered And that no person or persons shall at any time hereafter be impeached molested Stat. Sect. 5. or troubled in or for misprision of Treason for any Offence or Offences made Treason by this Act other than such as by this Act are before declared to be in Case of Misprision of High Treason And be it further Enacted by the Authority aforesaid Stat. Sect. 6. Bringing into the Realm or using of Agnus Dei Pictures Crosses c. That if any person or persons shall at any time after the said first day of July bring into this Realm of England or any the Dominions of the same any token or tokens thing or things called or named by the name of Agnus Dei or any Crosses Pictures Beads or such like vain and superstitious things from the Bishop or Sée of Rome or from any person or
persons authorized or claiming Authority by or from the said Bishop or Seé of Rome to Consecrate or Hallow the same which said Agnus Dei is used to be specially Hallowed and Consecrated as it is termed by the said Bishop in his own person and the said Crosses Pictures Beads and such like superstitious things been also hallowed either by the same Bishop or by others having power or pretending to have power from him or his said Sée and divers Pardons Immunities and Exemptions granted by the Authority of the said Sée to such as shall receive and use the same and that if the same person or persons so bringing in as is aforesaid such Agnus Dei and other like things as have been before specified shall deliver or cause or offer to be delivered the same or any of them to any Subject of this Realm or of any the Dominions of the same to be worn or used in any wise that then as well the same person and persons so doing as also all and every other person or persons which shall receive and take the same to the intent to use or wear the same being thereof lawfully Convicted and Attainted by the order of the Common Laws of this Realm shall incur into the dangers penalties pains and forfeitures ordained and provided by the Statute of Praemunire and Provision made in the sixteenth year of the Reign of King Richard the Second Bringers in offerers and deliverers And that if the same Person or Persons so bringing in A man brings into the Kings Dominions such Agnus Dei or other like superstitious things and another offers or delivers them It seems that neither he that brings them in nor he that offers or delivers them is within this Act or liable to the penalty for by the express words it must be the same person So that neither the bringer in unless he offer or deliver them or cause them to be delivered nor he who delivers them or causeth or offereth them to be delivered unless he be the person who brought them in is an Offender within the Act. To whom an Agnus Dei c. may not be offered or delivered To any Subject of this Realm c. The offer or delivery of such Agnus Dei or other superstitious thing to any sort of person is not an offence within this Act as Wingate supposes it to be tit Crown Numb 37. But to make it an Offence it must be delivered or offered to a Subject of this Realm or of the Dominions of the same The intent material To be worn or used c. to the intent to use or wear the same The Intent is material in this Case an◠therefore If a man be Indicted upon this Statute for bringing in and offering or delivering such Agnus Dei c. or receiving the same the intent must be mentioned in the Indictment as it must be in Indictments upon all Statutes where the intent as here is made part of the offence So in an Indictment upon the Statute of 5 E. 6. cap. 4. Stat. 5 E. 6. 4. it is not enough to say the party drew his Dagger in the Church against J. S. but it must be averred that he did it with an intent to strike him as was Resolved by the Court of Kings-Bench Trin. 33 Eliz. in Penhalls Case Leonard 4. 49. C. 127. It seems by the words of this Statute that to make the Receiver of such superstitious things an offender within it there must be a concurrence of intentions for the using or wearing them both in the giver and receiver And that therefore if a person coming from beyond the Seas brings into this Realm any such superstitious things but with no intent that they should be worn or used and gives them to his friend at his request who receives them with an intent to wear or use them this is penal to neither Not to the giver for he had no superstitious intent and the intent is material nor to the receiver for that the offering or delivering them to be worn or used is expresly made in the Statute a condition precedent to the obliquity of the fact in receiving them for the Statute saith Then as well the person so doing as also every other person receiving them to that intent shall incur a Praemunire So that then only when the person delivering them so doth that is delivers them to be worn or used the person receiving them to that intent shall incur a Praemunire But yet there needs not any such concurrence of intentions in the giver and receiver to make the giver an offender And therefore if a man brings into the Realm such superstitious things and delivers them to be worn or used though the party receive them not to the intent to use or wear them but defaces burns or otherwise destroies them yet he that gave or delivered them incurs a Praemunire for the words in the Act relating to the Offerer or Deliverer are intire in themselves and have no dependance on the subsequent words relating to the receiver but generally make all Offenders who bring them in and either offer or deliver them to a superstitious intent without any respect to the intent of the party who receives or is offered them Provided nevertheless Stat. Sect. 7. Apprehending an Offender or disclosing his name and be it further Enacted by the Authority aforesaid That if any person or persons to whom any such Agnus Dei or other the things aforesaid shall be tendered and offered to be delivered shall apprehend the party so offering the same and bring him to the next Iustice of Peace of that Shire where such tender shall be made if he shall be of power and able so to do or for lack of such ability shall within the space of three days next after such offer made as is aforesaid disclose the name or names of such person or persons as so shall make the same offer and the dwelling place or place of resort of the same person or persons which he shall indeavor himself to know by all the ways and means he can to the Ordinary of that Diocess or to any Iustice of Peace of that Shire where such person or persons to whom such offer shall be made as is aforesaid shall be resiant And also Delivering of Agnus Dei received to the Ordinary or a Justice of Peace if such person or persons to whom such offer shall be made shall happen to receive any such Agnus Dei or other thing above remembred and shall within the space of one day next after such receipt deliver the same to any Iustice of Peace within the same Shire where the party so receiving shall be then resiant or shall happen to be That then every such person or persons doing any the Acts or things in this Proviso above mentioned in forme above declared shall not by force of this Statute incur any danger or penalty appointed by this Statute or
had never béen had nor made Any thing herein contained to the contrary thereof notwithstanding Stat. xxiii Eliz. cap. i. An Act to retain the Queens Majesties Subjects in their due Obedience WHere sithence the Statute made in the thirteénth year of the Reign of the Queén our Soveraign Lady Entituled Stat. Sect. 1. An Act against the bringing in and putting in Execution of Bulls Writings and Instruments and other Superstitious things from the See of Rome divers evil affected persons have practised contrary to the meaning of the said Statute by other means than by Bulls or Instruments Written or Printed to withdraw divers the Queéns Majesties Subjects from their natural Obedience to her Majesty and to obey the said usurped Authority of Rome and in respect of the same to perswade great numbers to withdraw their due Obedience to her Majesties Laws established for the due Service of Almighty God For Reformation whereof Stat. Sect. 2. Treason to withdraw any from the Religion Established to the Romish Religion and to declare the true meaning of the said Law Be it declared and enacted by the Authority of this present Parliament That all persons whatsoever which have or shall have or shall pretend to have power or shall by any ways or means put in practice to absolve perswade or withdraw any of the Queéns Majesties Subjects or any within her Highnesses Realms and Dominions from their natural Obedience to her Majesty or to withdraw them for that intent from the Religion now by her Highnesses Authority established within her Highnesses Dominions to the Romish Religion or to move them or any of them to promise any Obedience to any pretended Authority of the Seé of Rome or of any other Prince State or Potentate to be had or used within her Dominions or shall do any overt act to that intent or purpose and every of them shall be to all intents adjudged to be Traytors And being thereof lawfully convicted shall have Iudgment suffer and forfeit as in case of High Treason And if any person shall after the end of this Session of Parliament by any means be willingly absolved or withdrawn as aforesaid or willingly be reconciled It shall be Treason to be reconciled or withdrawn to the Romish Religion or shall promise any Obedience to any such pretended Authority Prince State or Potentate as is aforesaid that then every such person their Procurers and Counsellors thereunto being thereof lawfully convicted shall be taken tried and judged and shall suffer and forfeit as in Cases of High Treason Perswade or withdraw It was held in Lovett and Faulkners Case Mich. 12. Jac. B. R. That if a man were Indicted for endeavouring and practising voluntarie felonice proditorie to perswade and withdraw any of the Kings Subjects from his Obedience unto the Romish Religion and was afterwards debito modo acquietatus yet an Action upon the Case in nature of a Conspiracy would not lye against the party who procured him to be Indicted Cro. Mich. 12. Jac. 357 358. Rolls 1. 209. C. 49. Bulstrode 2. 271. and the main reason given was That forasmuch as every man is bound to discover Treason and 't is dangerous to conceal any thing which may tend to Treason therefore the procuring one to be Indicted concerning it was no Cause of Action And in that Case Coke Chief Justice said That such an Action was never before that time brought But later Resolutions have been to the contrary of this Opinion Action lies for indicting a man of High Treason And 't is held for Law at this day That if a man procures another to be Indicted of High Treason an Action upon the Case in nature of Conspiracy lies against him that procures it as well as if it were for Felony The first leading Case of this nature which was resolved upon any solemn argument or debate was that of Smith versus Cranshaw or Crashaw and others where it was adjudged upon great deliberation by all the Four Judges of the Court of Kings Bench Hill 1. Car. 1. That an Action in nature of a Conspiracy doth well lye in such Case and that not only in Case of Acquittal upon Trial but upon the exhibiting a Bill of Indictment for High Treason to the Court or Jury if the Jury bring in Ignoramus although in this last Case a Writ of Conspiracy lyeth not And Lovett and Faulkners Case was denied to be Law Addition to Bendloes 152. Latch 79 80. Jones 93 94 95. And Justice Dodderidge who concurred in Opinion with the other Judges in the Case of Lovett and Faulkner changed his Opinion in that of Smith and Cranshaw and held that the Action was maintainable Bulstrode 2. 271 272. so that whosoever of meer malice without probable cause causes any person to be Indicted upon this Statute Stat. 3. Jac. 4. or that of 3 Jac. cap. 4. for endeavouring or practising so to perswade or withdraw any Subject or prefers a Bill to the Court or Jury for that purpose is liable to an Action of the Case for so doing if the party be acquitted or the Jury bring in Ignoramus as in other Cases of Felony Any of the Queens Majesties Subjects Queens Subjects Stat. 3 Jac. 4. What is meant by the Queens Subjects Vide Stat. 3 Jac. cap. 4. Sect. 19. And be it likewise Enacted and declared Stat. Sect. 3. The penalty of aiders maintainers and concealers That all and every person and persons that shall wittingly be aiders or maintainers of such persons so offending as is above expressed or of any of them knowing the same or which shall conceal any offence aforesaid and shall not within twenty days at the furthest after such persons knowledge of such offence disclose the same to some Iustice of Peace or other higher Officer shall be taken tried and judged and shall suffer and forfeit as Offenders in misprision of Treason These words And shall not within twenty days Aiders or maintainers punishable though discoverers c. disclose the same have no reference to those who are aiders or maintainers of the Offender but only to those who have barely a knowledge of the Offence without aiding or maintaining the party And therefore if such as are aiders or maintainers of the person offending discover the offence within twenty days yet such discovery shall not free them from the guilt of misprision of Treason as Wingate mistakes in his Abridgment of this Clause tit Crown numb 42. but if they once aid or maintain the party knowing him to be an Offender they are guilty whether they disclose or conceal the offence and shall have no benefit of the twenty days And be it likewise Enacted Stat. Sect. 4. The forfeiture for saying or hearing of Mass That every person which shall say or sing Mass being thereof lawfully convicted shall forfeit the sum of Two hundred Marks and be commited to Prison in the next Goal there to remain by the space of
outlawed upon the said Indictment and it was Resolved 36 Eliz. by the whole Court of Exchequer that this was a fraudulent Conveyance within the Statute of 13 Eliz. cap. 5. Stat. 13 Eliz. 5 which was made for the Relief of the Queen and other persons as well as Creditors But as this Case is related in Twines Case Co. 3. 82. 'T is observable that although it was debated whether the Queen should avoid this Conveyance by force of the Statute of 50 E. 3. 50 E. 3. 6. cap. 6. or that of 3 H. 7. cap. 4. 3 H. 7. 4. or that of 13 Eliz. before mentioned yet there is no mention made of this branch of 23 Eliz. for 't is clear that the Queen could not avoid such a fraudulent Conveyance by force of this Statute unless Judgment had been first given against the Recusant or he had been convicted And Pauncefoot was neither convicted or adjudged to be a Recusant but the Queens interest accrued to her by means of the Outlawry only Provided alway Stat. Sect. 12. Tryal of a Peer by his Peers That if any Peér of this Realm shall happen to be Indicted of any Offence made Treason or misprision of Treason by this Act he shall have his Trial by his Péers as in other like Cases is accustomed Indictment of Peers by whom Although a Peer shall be tried per pares yet he is to be Indicted by an Inquest under the Degree of Nobility And may be Indicted before Commissioners of Oyer and Terminer or in the Kings-Bench if the Offence be committed in the County where the Kings-Bench is Co. 2. Inst 49. Stat. Sect. 13. Ecclesiastical Censures Provided also That neither this Act nor any thing therein contained shall extend to take away or abridge the Authority or Iurisdiction of the Ecclesiastical Censures for any cause or matter But that the Archbishops and Bishops and other Ecclesiastical Iudges may do and proceed as before the making of this Act they lawfully did or might have done Any thing in this Act to the Contrary notwithstanding Stat. xxvii Eliz. cap. ii An Act against Jesuits Seminary Priests and such other like dissobedient persons WHereas divers persons called or professed Iesuits Stat. Sect 1. The Causes why Jesuits and Priests do come into this Realm Seminary Priests and other Priests which have been and from time to time are made in the parts beyond the Seas by or according to the Order and Rites of the Romish Church have of late years comen and béen sent and dayly do come and are sent into this Realm of England and other the Queéns Majesties Dominions of purpose as it hath appeared as well by sundry of their own examinations and confessions as by divers other manifest means and proofs not only to withdraw her Highness Subjects from their due obedience to her Majesty but also to stir up and move Sedition Rebellion and open Hostility within the same her Highness Realms and Dominions to the great indangering of the safety of her most Royal Person and to the utter ruine desolation and overthrow of the whole Realm if the same be not the sooner by some good means foreséen and prevented For reformation whereof be it Ordained All Jesuits and Priests shall depart out of this Realm Established and Enacted by the Queens most Excellent Majesty and the Lords Spiritual and Temporal and the Commons in this present Parliament Assembled and by the Authority of the same Parliament That all and every Iesuits Seminary Priests and other Priests whatsoever made or Ordained out of the Realm of England or other her Highnesse Dominions or within any of her Majesties Realms or Dominions by any Authority Power or Iurisdiction derived challenged or pretended from the See of Rome since the Feast of the Nativity of St. John Baptist in the first year of her Highness Reign shall within forty days next after the end of this present Session of Parliament depart out of this Realm of England and out of all other her Highness Realms and Dominions if the wind weather and passage shall serve for the same or else so soon after the end of the said forty days as the Wind Weather and passage shall so serve Stat. Sect. 2. No Jesuits or Priests shall come into or remain in this Realm And be it further Enacted by the Authority aforesaid That it shall not be lawful to or for any Iesuit Seminary Priest or other such Priest Deacon or Religious or Ecclesiastical person whatsoever being born within this Realm or any other her Highnesse Dominions and heretofore since the said Feast of the Nativity of St. John Baptist in the first year of her Majesties Reign made ordained or professed or hereafter to be made ordained or professed by any Authority or Iurisdiction derived challenged or pretended from the Sée of Rome by or of what name title or degrée soever the same shall be called or known to come into be or remain in any part of this Realm or any other her Highnesse Dominions after the end of the same forty days other then in such special Cases and upon such special occasions only and for such time only as is expressed in this Act And if he do that then every such Offence shall be taken and adjudged to be High Treason and every person so offending shall for his Offence be adjudged a Traytor and shall suffer lose and forfeit as in Case of High Treason A Priest born within this Realm Being born within this Realm c. And this must be comprised in the Indictment but it need not be shewn in what particular place he was born but generally Quod J. S. natus infra hoc regnum Angliae c. Popham 94. Southwells Case A Priest Ordained c. Made ordained or professed And so it must be alledged in the Indictment that he was made a Jesuit or Priest c. by Authority challenged or pretended from the See of Rome but it need not be shewn where he was made a Jesuit or Priest c. whether beyond Sea or within the Realm for wheresoever it was it is within this Law if he were made so by the pretended Authority of the See of Rome Popham 94. Southwells Case Stat. Sect. 6. Receiving or relieving a Jesuit or Priest shall be felony And every person which after the end of the same forty days and after such time of departure as is before limited and appointed shall wittingly and willingly receive relieve comfort aid or maintain any such Iesuit Seminary Priest or other Priest Deacon or Religious or Ecclesiastical person as is aforesaid being at liberty or out of hold knowing him to be a Iesuit Seminary Priest or other such Priest Deacon or Religious or Ecclesiastical person as is aforesaid shall also for offence be adjudged a Felon without benefit of Clergy and suffer death lose and forfeit as in Case of one attainted of Felony In the late Additions to
the contrary thereof in any wise notwithstanding This Branch seems not to extend to all forfeitures for Recusancy For the power here given the Lord Treasurer To what cases of Conviction this Clause extends and to what not c. is only in relation to those forfeitures which are by this Act appointed to be paid into the Receipt of the Exchequer which are the forfeitures due to the Queen by Conviction upon Indictment for this Act meddles with no other so that if the twenty pounds per month be recovered in a popular Suit by the Informer Qui tam c. one third part thereof ought still to be paid to the Poor of the Parish only according to 23 Eliz. cap. 1. notwithstanding this Act. Provided always That this Act Stat. Sect. 9. Assurances made bona fide not to be impeached or any thing therein contained shall not in any wise extend or be construed to make void or impeach any Grant or Lease heretofore to be made bona fide without fraud or covin whereupon any yearly Rent or payment is reserved or payable or any Grant or Lease hereafter to be made bona fide without fraud or covin whereupon the accustomed yearly Rent or more shall be reserved or any other Conveyance Assurance or Assignment whatsoever heretofore made bona fide upon good consideration and without fraud or covin which is not or shall not be revokable at the pleasure of such Offender otherwise then to give benefit and title to her Majesty her Heirs and Successors to have perceive and enjoy such Rents and Payments during the continuance of such Lease or Grant according to the true meaning of this Act. Seizure of Lands whereof the Offender hath but an Estate for life or in his Wives right And provided also That this Act or any thing therein contained shall not in any wise extend or be construed to continue any seizure of any Lands or Tenements of such Offender in her Majesties hands or in the hands of her Heirs or Successors after the said Offenders death which Lands or Tenements he shall have or be seized of only for term of his life or in the Right of his Wife Any thing in this Act to the contrary in any wise notwithstanding Stat. xxxv Eliz. cap. i. An Act to retain the Queens Majesties Subjects in their due Obedience FOR preventing and avoiding of such great inconveniencies and perils as might happen and grow by the wicked and dangerous practices of seditious Sectaries and disloyal persons Stat. Sect. 1. The penalty of a Recusant perswading others to impugne the Queens Ecclesiastical power Be it Enacted by the Queéns most Excellent Majesty and by the Lords Spiritual and Temporal and the Commons in this present Parliament assembled and by the Authority of the same That if any person or persons above the age of sixteen years which shall obstinately refuse to repair to some Church Chappel or usual place of Common Prayer to hear Divine Service established by her Majesties Laws and Statutes in that behalf made and shall forbear to do the same by the space of a month next after without any lawful cause shall at any time after forty days next after the end of this Session of Parliament by Printing Writing or express words or speéches advisedly or purposely practise or go about to move or perswade any of her Majesties Subjects or any other within her Highness Realms or Dominions to deny withstand and impugne her Majesties Power and Authority in cases Ecclesiastical united and annexed to the Imperial Crown of this Realm or to that end or purpose shall advisedly and maliciously move or perswade any other person whatsoever to forbear or abstain from coming to Church to hear Divine Service Or to forbear coming to Church or to receive the Communion according to her Majesties Laws and Statutes aforesaid or to come to or to be present at any unlawful Assemblies Conventicles or Meétings under colour or pretence of any exercise of Religion Or to be present at unlawful Conventicles contrary to her Majesties said Laws and Statutes Or if any person or persons which shall obstinately refuse to repair to some Church Chappel or usual place of Common Prayer and shall forbear by the space of a month to hear Divine Service as is aforesaid shall after the said forty days either of him or themselves or by the motion perswasion inticement or allurement of any other willingly joyn in or be present at any such Assemblies Conventicles or Méetings under colour or pretence of any such exercise of Religion contrary to the Laws and Statutes of this Realm as is aforesaid That then every such person so offending as aforesaid and being thereof lawfully convicted shall be committed to Prison there to remain without Bail or Mainprize until they shall conform and yield themselves to come to some Church Chappel or usual place of Common Prayer and hear Divine Service according to her Majesties Laws and Statutes aforesaid and to make such open submission and Declaration of their said Conformity as hereafter in this Act is declared and appointed Which shall obstinately refuse to repair c. shall c. by Printing c. Wingate in abridging of this Statute tit Crowne numb 70. saith that if any person above sixteen years of age obstinately refuses to come to Church for a month or impugnes the Queens Authority in Causes Ecclesiastical he shall be committed to Prison which is a great mistake for no man shall be punished by this Act for either of those Causes only The not coming to Church being only a precedent Qualification required in the person whom the Act makes liable to the penalties thereof for the other offences therein mentioned Who may be an offender within this Act and who not And therefore if a man never comes to Church yet he is no offender within this Act unless he advisedly or purposely move or perswade another to deny or impugne the Kings Authority in Causes Ecclesiastical or to that end or purpose advisedly and maliciously move or perswade some other to forbear to come to Church or receive the Communion or to be present at Conventicles c. or he himself be present at such Conventicles c. And on the other hand if a man move or perswade any other to deny or impugne the Kings Authority in Causes Ecclesiastical or to forbear to come to Church or receive the Communion or to be present at Conventicles c. or if he himself be present at any Conventicles c. yet he is no Offender within this Act if he goes to Church once within the compass of a month so that the party must both forbear to come to Church and be guilty of some other of the offences here enumerated or he is not punishable by this Act And as for the denying or impugning the Kings Authority in Causes Ecclesiastical it s no offence within this Statute unless the party moves or
cap. 1. Sect. 9. in that part touching the Informer and the Cases there cited to prove that no other Suits are restrained by that Statute to a year and a day but only Suits by Indictment By Action of Debt Bill Plaint Information If the King sue by any of these ways no Proclamation Proclamation can be made thereupon For the Proclamation given by the Statutes of 29 Eliz. 6. 3 Jac. 4. Stat. 29 Eliz. 6 3 Jac. 4 in Case of Recusancy at the Kings Suit is upon Indictment only Co. 11. 62. Dr. Fosters Case The Kings-Bench Common-Pleas or Exchequer This Statute adds two other Courts where the King may sue for Recusancy Two Courts added where the King may sue Stat. 29 Eliz. 6 or for saying or hearing of Mass For by 29 Eliz. cap. 6. the Queen was limited to the Kings-Bench the Assizes or general Goal delivery and that only by way of Indictment but now by this Statute she might sue not only in those Courts by Indictment but in the Kings-Bench Common-Pleas or Exchequer by Action of Debt Bill Plaint or Information Co. 11. 61. Dr. Fosters Case But whereas 't is there said that this Statute of 35 takes not off the restriction of the Informer Qui tam c. by the Statute of 29 Eliz. cap. 6. to the Courts there mentioned viz. the Kings-Bench Assizes and general Goal delivery This passage was occasioned by an opinion there held in the said Case of Dr. Foster that the Informer Qui tam c. was restrained by 29. to those Courts The Informer not restrained by 29 Eliz. 6. But that opinion is not Law nor was there ever any such restriction of the Informer for the Statute of 29 Eliz. intends only Suits by Indictment but touches not the popular Action or Information Vide Stat. 29 Eliz. cap. 6. Sect. 2. As c. any other Debt c. should or may be recovered Before this Statute the Queen had no way to recover of the Husband the intire forfeiture for the Recusancy of his Wife For if the Wife had been Indicted of Recusancy at the Queens Suit and convicted thereupon this had not affected the Husband who shall never be charged for the Act or default of his Wife but where he may be made party to the Action or Suit as in an Action of Debt Trespass Action of the Case for scandalous words by the Wife c. but not upon an Indictment And in this respect the Queen having before this Statute no remedy for recovery of the forfeiture but by Indictment where the Husband could not be charged for his Wife the Informer was then in better Case then the Queen For he may charge the Husband and Wife both for the Recusancy of the Wife and shall recover the forfeiture of him by force of the Statute of 23 Eliz. cap. 1. Stat. 23 Eliz. 1 Vide that Stat. Sect. 9. But upon the Conviction of the Wife upon Indictment the Queen must have staid till the death of the Husband before she could have levied the forfeiture and if the Wife had died before her Husband it was utterly lost in most Cases Baron and Feme may be charged for Recusancy of the feme But by this Act the Queen might and the King may at this day charge the Husband and Wife joyntly by Action of Debt Bill Plaint or Information for the Recusancy of the Wife in such sort as he may be charged in any other Action at Common Law for the Debt or Trespass of his Wife and the forfeiture for her Recusancy shall be recovered of him And this was the principal end and scope of making this Branch of the Statute and to this purpose were these words added here In such sort and in all respects as by the ordinary course of the Common Laws of this Realm any other Debt due by any such person in any other Case should or may be recovered Co. 11. 61 62. Dr. Fosters Case Rolles 1. 233 234. Roy versus Law son feme Savile 25. C. 59. Provided always Stat. Sect. 9. How the third part of the Penalties shall be imployed That the third part of the penalties to be had or received by vertue of this Act shall be imployed and bestowed to such good and charitable uses and in such manner and form as is limited and appointed in the Statute made in the 28. year of her Majesties Reign touching Recusants The Statute here mentioned Stat. 29 Eliz. 6 and called the Statute of 28 Eliz. is the same with 29 Eliz. cap. 6. before recited It being in some Books called the Statute of 28 in others of 29 but as it seems more properly 29. For the Session wherein it was made was by Prorogation held the 15 of February 29. Eliz. Provided also That no Popish Recusant Stat. Sect. 10. Popish Recusant or Feme Covert not to abjure Popish recusant or Feme Covert shall be compelled or bound to abjure by vertue of this Act. No Popish Recusant Here Wingate tit Crowne n. 77. leads his Reader into a great mistake for he mentions only a Feme Covert leaving out the Popish Recusant Feme Covert not here excepted in all Cases Or Feme Covert In the late additions to Dalton cap. 81. tit Recusants Sect. 7. 't is said that no married Woman is punishable by this Statute but are thereout excepted whereas in truth they are no where excepted throughout this Statute save only that they shall not be compelled or bound to abjure For if a married Woman comes not to Church but forbears for a month and goes to Conventicles or any other Meetings or Assemblies under colour or pretence of the exercise of Religion contrary to Law whether they be Popish or other or perswades others so to do or to forbear the Church or to impugne the Kings Authority in Causes Ecclesiastical she shall be imprisoned by force of this Act until she conform and submit her self but she cannot be further proceeded against so as to require her to abjure A married Woman with her Husband is likewise punishable by this Act for her Recusancy by Action of Debt c. brought against her and her Husband at the Kings Suit so that 't is a great mistake to say she is not punishable by this Statute Stat. Sect. 11. The forfeiture of him that abjures or refuses to abjure The Wise shall lose no Dower nor the heir any Land for these Offences Provided also That every person that shall abjure by force of this Act or refuse to abjure being thereunto required as aforesaid shall forfeit and lose to her Majesty all his goods and chattels forever and shall further lose all his Lands Tenements and Hereditaments for and during the life only of such offender and no longer and that the Wife of any Offender by force of this Act shall not lose her dower nor that any corruption of Blood shall grow or be by reason of any offence
person which shall be so suspected shall refuse to answer directly and truly whether he be a Iesuit or a Seminary or Massing Priest as is aforesaid every such person so refusing to answer shall for his Disobedience and Contempt in that behalf be committed to Prison by such as shall examine him as is aforesaid and thereupon shall remain and continue in Prison without Bail or Mainprize until he shall make direct and true answer to the said Questions whereupon he shall be so examined Cause of suspicion Suspected Although the party be no Jesuit Seminary or Massing Priest yet if there be cause to suspect him and he refuse to answer whether he be so or no such suspicion and refusal is ground enough for his Commitment Having lawful Authority in that behalf This Clause seems to refer to the Statute of 27 Eliz. cap. 2. Stat. 27 Eliz. 2. which appoints that the discovery of a Popish Priest or Jesuit shall be made to some Justice of Peace or higher Officer who is to give Information thereof to some of the Privy Council c. under the penalty of two hundred marks Who shall examine a Jesuit c. which Statute of 27. though it do not in express terms say that the Justice of Peace or other higher Officer shall examine the Priest or Jesuit so discovered yet inasmuch as it gives him power to take Cognizance of the matter it seems implicitely to impower him to inform himself of the truth whether the party be a Priest or Jesuit or not as well by examination of the party as otherwise that he may be the better enabled to give Information thereof to some of the Privy Council c. And one Justice of Peace having by 27. lawful Authority to examine him he hath Authority likewise by this Statute of 35. to commit him And commit him if he be suspected to be a Priest or Jesuit and refuses to answer whether he be such or no. As for Mr. Shephards Opinion in his Sure Guide cap. 14. Sect. 5. that there must be two Justices of Peace to Commit a man by force of this Statute who is suspected to be a Jesuit or Priest till he answers directly I see no ground at all for it Answer to the said Questions That is To what point he may be examined whether he be a Jesuit Seminary or Massing Priest for he is not bound to answer to any other question nor can be committed by force of this Act for his Refusal Provided nevertheless Stat. Sect. 9. Licence to travel above five miles Alt. 3 Jac. 5. and be it further Enacted by the Authority aforesaid That if any of the persons which are hereby limited and appointed to continue and abide within five miles of their usual dwelling place or of such place where they were born or where their Father and Mother shall be dwelling as is aforesaid shall have necessary occasion or business to go and Travel out of the compass of the said five miles That then and in every such Case upon Licence in that behalf to be gotten under the hands of two of the Iustices of Peace of the same County with the privity and assent in writing of the Bishop of the Diocess or of the Lieutenant or of any Deputy Lieutenant of the same County under their hands it shall and may be lawful for every such person to go and Travel about such their necessary business and for such time only for their travelling attending and returning as shall be comprised in the same Licence Any thing before in this Act to the contrary notwithstanding This Clause is repealed Repeal Stat. 3 Jac. 5. and a new form of Licence appointed by the Statute of 3 Jac. cap. 5. which see there Sect. 8. Provided also Stat. Sect. 10. Persons urged by Process or commanded to appear That if any such person so restrained as is aforesaid shall be urged by Process without fraud or covin or be bounden without fraud or covin to make appearance in any her Majesties Courts or shall be sent for commanded or required by any thrée or more of her Majesties Privy Council or by any four or more of any Commissioners to be in that behalf nominated and assigned by her Majesty to make appearance before her Majesties said Counsel or Commissioners That in every such Case every such person so bounden urged commanded or required to make such appearance shall not incur any pain forfeiture or loss for travelling to make appearance accordingly nor for his abode concerning the same nor for convenient time for his return back again upon the same Vrged by Process If a Popish Recusant restrained by this Act be summoned by Warrant of a Justice of Peace to appear before him the Recusant ought not to travel to such Justice out of his compass of 5 miles For although a Justice of Peace his Warrant be the Kings Process Wha◠Process is here meant yet it is not intended here For these words urged by Process are restrained by the subsequent words to such Process as requires the Recusants appearance in some one of the Kings Courts and extend not to all Cases of Summons and Process as Wingate tit Crown numb 83. mistakes But if in the Case aforesaid the Warrant be to Arrest the Recusant and by force thereof he be carried by the Constable c. out of the compass of five miles there he is excused and shall forfeit nothing for that it was done by compulsion And yet if there be any Covin between the Recusant and the Justice of Peace or Officer it may be otherwise The Kings Courts In any her Majesties Courts All Courts wherein the proceedings are directed by the Kings Laws are the Kings Courts and therefore a Court Leet Court Leet though of an inferiour nature and kept in the Lords name yet is the Kings Court Co. 5. 39. Cawdries Case Hetley 18. Ecclesiastical Court If a Popish Recusant restrained by this Act be cited into the Ecclesiastical Court he may by force of this Proviso Travel out of the compass of five miles to appear there for all Ecclesiastical Courts are the Kings Courts and the Laws by which they proceed there are the Kings Laws Vide Cawdries Case supra Vide Stat. 3 Jac. cap. 5. Sect. 7. Stat. Sect. 11. Persons which are to yield their bodies to the Sheriff And be it further provided and enacted by the Authority aforesaid That if any such person or persons so restrained as is aforesaid shall be bound or ought to yield and render their bodies to the Sheriff of the County where they shall happen to be upon Proclamation in that behalf without fraud or covin to be made That then in every such Case every such person which shall be so bounden or ought to yield and render their body as aforesaid shall not incur any pain forfeiture or loss for Travelling for that intent and purpose only without any fraud
Parliament Assembled tending to the utter subversion of the whole State lately undertaken by the instigation of Iesuits and Seminaries and in advancement of their Religion by their Schollers taught and instructed by them to that purpose which attempt by the only goodness of Almighty God was discovered and defeated And where divers persons Popishly affected do nevertheless the better to cover and hide their false hearts and with the more safety to attend the opportunity to execute their mischievous designs repair sometimes to Church to escape the penalty of the Laws in that behalf provided For the better discovery therefore of such persons and their evil affections to the Kings Majesty and the State of this his Realm Stat. Sect. 2. to the end that being known their evil purpose may be the better prevented Be it enacted by the Kings most excellent Majesty the Lords Spiritual and Temporal and the Commons in this present Parliament Assembled and by the Authority of the same That every Popish Recusant convicted or hereafter to be convicted which heretofore hath conformed him or her self or which shall hereafter conform him or her self and repair to the Church and continue there during the time of Divine Service according to the Laws and Statutes in that behalf made and provided shall within the first year next after the end of this Session of Parliament if he or she be conformed as aforesaid before the end of this Session of Parliament or within the first year next after that he or she shall after this Session of Parliament so conform him or her self and repair to Church as aforesaid and after the said first year shall once in every year following at the least receive the blessed Sacrament of the Lords Supper in the Church of that Parish where he or she shall most usually abide or be within the said year wherein by the true meaning of this Statute he or she ought so to receive The forfeiture of a conformed Recusant which doth not receive the Sacrament of the Lords Supper yearly And if there be no such Parish Church then in the Church next adjoyning to the place of his or her such most usual abode And if any Recusant so conformed shall not receive the said Sacrament of the Lords Supper accordingly he or she shall for such not receiving lose and forfeit for the first year Twenty pounds and for the second year for such not receiving Forty pounds and for every year after for such not receiving thréescore pounds until he or she shall have received the said Sacrament as is aforesaid And if after he or she shall have received the said Sacrament as is aforesaid and after shall eftsoons at any time offend in not receiving the said Sacrament as is aforesaid by the space of one whole year that in every such Case the person so offending shall for every such offence lose and forfeit Threescore pounds of lawful English money the one moiety to be to our Soveraign Lord the Kings Majesty his Heirs and Successors and the other moiety to him that will sue for the same And to be recovered in any of the Kings Courts or Record at Westminster or before Iustices of Assize or general Goal delivery or before Iustices of the Peace at their general Quarter Sessions by Action of Debt Bill Plaint or Information wherein no Essoin Protection or wager of Law shall be allowed Popish Recusants Every Popish Recusant convicted Wingate tit Crowne numb 98. speaks indefinitely as if this extended to all Recusants whatsoever which is contrary to the express words of the Statute Conviction must be shewed in certain In an Information upon this Statute for not receiving the Sacrament the Conviction of the party for Recusancy ought to be shewed in certain before whom in what Court c. For before he is convicted of Recusancy he is not liable to the penalty inflicted by this Act for not receiving And yet if it be only generally shewed in the Information that the Defendant was convicted in due form of Law and the Defendant doth not demur thereto but pleads not guilty and it be found against him there Judgment shall not be stayed for this defect for he hath lost his advantage and by his Plea hath admitted the point of Conviction and at the Trial the only thing in issue was whether he had received the Sacrament and not whether he was convicted Tanfeild Chief Baron compared this Case to that of Debt upon an Obligation and in the Declaration no place is shewn That is not good But if the Defendant Pleads a Release he shall never afterwards take advantage of the Defect in the Declaration Cro. Hill 12. Jac. 365.366 Sivedale versus Sir Edward Lenthall Which shall hereafter conform him or her self Conformity generally shewed sufficient c. This conformity need not be set forth in the Information in every particular circumstance as when or before whom the Popish Recusant conformed himself For 't is sufficient if it be said that he went to Church and continued there during Divine Service and afterwards neglected to receive the Sacrament c. And upon such Conformity and neglect he is liable to the penalty inflicted by this Act although he never went before the Ordinary Ordinary Cro. Hill 12. Jac. 366. And for every year after for such not receiving thréescore pounds Note the Statute saith not that the Offender shall forfeit for the first second and third offence but for the first and second year and for every year after for if it had been said he should have forfeited Twenty pounds for the first offence Forty pounds for the second and Threescore pounds for the third he must have been convicted and have had Judgment of the first offence before he could have incurred the penalty for the second and of the second before he could have incurred the penalty for the third And every one of these offences must have appeared judicialiter which could not be ante Judicium But here where 't is said he shall forfeit Twenty pounds for the first year Forty pounds for the second and Threescore pounds for every year after it is otherwise And the Offender shall forfeit Threescore pounds for the third year although he was never convicted for the first or second year In an Information for the third year conviction for the first or second year not necessary And therefore in an Information brought upon this Statute for Threescore pounds against a Popish Recusant convicted for Recusancy who hath conformed and neglected to receive the Sacrament the third year after his Conformity It 's sufficient to set forth that he was a Popish Recusant and was convicted and conformed himself and went to Church c. two years before such a day and that after the said day he failed for a whole year to receive the Sacrament without mentioning what he did the first or second year after his conformity And so was the Information in
but forbear the same contrary to the tenor of a Statute made in the first year of the Reign of the said late Quéen for Vniformity of Common Prayer and being thereof lawfully convicted should forfeit to the said Quéen for every month after the end of the said Session of Parliament which he or she should so forbear twenty pounds of lawful English money as in and by the said Act of Parliament more at large appeareth And whereas afterward by another Act of Parliament of the said Quéen It was further Enacted by the Authority of the said Parliament amongst other things how and when the said payments of the said 20 l. should be made and that if default should be made in any part of any payment of the said twenty pounds contrary to the form in the said last specified Statute limited that then and so often the said Quéen should and might by Process out of her Highness Exchequer take seize and enjoy all the Goods and two parts as well of all the Lands Tenements and Hereditaments Leases and Farms of such Offender as of all other the Lands Tenements and Hereditaments liable to such seizure or to the penalties aforesaid by the true meaning of the said Act of Parliament leaving the third part only of the same Lands Tenements and Hereditaments Leases and Farms to and for the maintenance and relief of the same Offender his Wife Children and Family as in and by the last specified Statute more at large also may appear Now forasmuch as the said penalty of twenty pounds monthly is a greater burden unto men of small living then unto such as are of better ability and do refuse to come unto Divine Service as aforesaid who rather then they will have two parts of their Lands to be seized will be ready always to pay the said twenty pounds according to the limitation of the said Statutes and yet retain the residue of their livings and Inheritance in their own hands being of great yearly value which they do for the most part imploy as experience hath taught to the maintenance of Superstition and Popish Religion and to the relief of Iesuits Seminaries Popish Priests and other dangerous persons to the State Therefore to the intent that hereafter the penalty for not repairing to Divine Service might be inflicted in better proportion upon men of great ability Be it Enacted by the Authority of this present Parliament The King may refuse 20 l. a month and take two parts of a Recusants Lands That the Kings Majesty his Heirs and Successors shall from and after the Feast of St. Michael the Archangel next coming after the end of this Session of Parliament have full power and liberty to refuse the penalty of twenty pounds a month though it be tendred ready to be paid according to the Law and thereupon to seize and take to his own use and the uses intents and purposes hereafter limited two parts in threé to be divided as well of all the Lands Tenements and Hereditaments Leases and Farms that at the time of such seizure shall be or afterward shall come to any the said Offenders in not coming to Church or any other to his or her use or in trust for him or her or at his or her disposition or whereby or wherewith or in consideration whereof such Offender or his Family or any of them shall be relieved maintained or kept as of all other Lands Tenements and Hereditaments in any wise or at any time liable to such seizure or to the penalties aforesaid and the same to retain to his own and other uses intents and purposes hereafter in this Act appointed till every such Offender shall conform him or her self respectively as aforesaid in lieu and full recompence of the twenty pounds monthly that during his such seizure and retainer shall incur any thing in the said Statutes or any of them or any other Statute to the contrary in any wise notwithstanding saving to our Soveraign Lord the Kings Majesty his Heirs and Successors and all and every person and persons Saving the Right of others bodies politick and corporate their Heirs and Successors other then the said Offender his or her Heirs and all claiming to his or their use or in trust for him or them or at his or their will or disposition all and all manner of Leases Rents Conditions and other Rights and Titles whatsoever had made and done bona fide and without fraud and covin before such seizure Though it be tendred or ready to be paid By this Branch of the Act a new advantage is given to the King against the Recusant For whereas by the Statute of 29 Eliz. cap. 6. Stat. 29 Eliz. 6. the convicted Recusant had his Election to pay the King twenty pounds per month and so prevent the seizure of the two third parts of his Lands now by this Statute that Election is taken away Election taken from the Recusant and given to the King and the choice is given to the King whether he will accept of the twenty pounds per month or refuse it and seize two third parts of the Recusants Lands in lieu thereof and if the King chooses the Lands the tender of the twenty pounds per month at the Exchequer will not save the seizure but the King shall enjoy the Lands notwithstanding Jones 24 25. Standen versus University of Oxford Hereditaments An Advowson is an Hereditament Hereditament Advowson and passes by that word 18 Eliz. Dyer 351. and is devisable by the Statute of 32 H. 8. cap. 1. of Wills as an Hereditament and if it be an Advowson in gross yet it may be seized by the King by force of this Act as part of his two parts of the Recusants Hereditaments Jones 23 24. Standen versus University of Oxford For 't is a thing valuable and shall be Assets and is extendable for the Kings Debt and upon a Writ of right of an Advowson there shall be a Recovery in value scil for every mark twelve pence Fitzh Recovery in value 9. 11. Hobart 304. London versus the Chapter of Southwell Co. 1. Inst 374. Britton 185. In the late Additions to Dalton cap. 81. tit Recusants Sect. 23. 't is said That the King may refuse the twenty pounds per month and take to two parts of the Recusants Lands and all the Goods c. And an Advowson is without that Clause and the said Case of Standen and the University of Oxon is there cited for Authority But this is a mistake as to the Clause it self and as to the point in Law and the Authority brought for it For in truth there is no such Clause in this Statute nor in any other that the King upon refusal of the twenty pounds per month should take the Recusants Goods For the seizure of the Goods is given where the Offender fails of payment of the twenty pounds per month Where a Recusants Goods cannot be seized but not
Vide Rolles abridg tit Temps 521. Counsel and Trial by Peers Praemunire In the aforesaid Case of the Lord Vaux who was Indicted of a Praemunire for refusing this Oath the Court of Kings Bench denied him Counsel or Trial by his Peers And it was there held that the Trial of a Nobleman by his Peers is at Common Law in four Cases only viz. Treason Felony Misprision of Treason and Misprision of Felony but not to be allowed in the Case of a Praemunire for that in effect it is no more then a Contempt Bulstrode 1. 197 198 199. Stat. Sect. 32. Who shall take the Oath in the Cinque Ports Provided also and be it Enacted by Authority of this Parliament That where any person or persons shall go or pass out of the Cinque Ports or any Member thereof to any parts beyond the Seas to serve any Forreign Prince State or Potentate that in every such Case the Lord Warden of the Cinque Ports for the time being or any person by him in that behalf appointed or to be appointed shall have full Power and Authority by virtue hereof to take the Bond and minister the Oath to such Passengers as is above mentioned If the Warden of the Cinque Ports Warden of the Cinque Ports do take such Bond and minister such Oath and do not certifie them into the Exchequer this seems to be Casus omissus and not provided for by the Act For he shall not be liable to the penalty inflicted on the Customer and Controller For that although it be within the same mischief there are no express words here to reach him And penal Statutes shall not be taken or construed by Equity Lee 77. Bishop of Chichester versus Freeland Rolles 2. 420. Jones versus Lord Sheffeild Ratcliffe Yelverton 22. Brode versus Owen Plowden 17. Fogassa's Case Et 86. Partridges Case Co. 1. Inst. 238. Keilwey 96. Stat. iii Jac. cap. v. An Act to prevent and avoid dangers which may grow by Popish Recusants Stat. Sect. 1. WHereas divers Iesuits Seminaries and Popish Priests dayly do withdraw many of his Majesties Subjects from the true Service of Almighty God and the Religion established within this Realm to the Romish Religion and from their Loyal Obedience to his Majesty and have of late secretly perswaded divers Recusants and Papists and encouraged and emboldened them to commit most damnable Treasons tending to the overthrow of Gods true Religion the destruction of his Majesty and his Royal Issue and the overthrow of the whole State and Commonwealth if God of his goodness and mercy had not within few hours before the intended time of the execution thereof revealed and disclosed the same wherefore to discover and prevent such secret damnable conspiracies and Treasons as hereafter may be put in ure by such evil disposed persons if remedy be not therefore provided Stat. Sect. 2. The reward of him which discovereth a Popish Priest or Mass Be it Enacted by the Kings most Excellent Majesty the Lords Spiritual and Temporal and the Commons in this present Parliament Assembled and by the Authority of the same That such person as shall first discover to any Iustice of Peace any Recusant or other person which shall entertain or relieve any Iesuite Seminary or Popish Priest or shall discover any Mass to have beén said and the persons that were present at such Mass and the Priest that said the same or any of them within threé days next after the offence committed and that by reason of such discovery any of the said Offenders be taken and Convicted or Attainted That then the person which hath made such discovery shall not only be fréed from the danger and penalty of any Law for such offence if he be an Offender therein but also shall have the third part of the forfeiture of all such sums of Money Goods Chattels and Debts which shall be forfeited by such offence so as the same total forfeiture exceéd not the sum of One hundred and fifty pounds and if it excéed the sum of One hundred and fifty pounds the said person so discovering the said offence shall have the sum of Fifty pounds only for every such discovery And such person so discovering the same after conviction of the offender shall have a Certificate from the Iudges or Iustices of Peace before whom such Conviction shall happen to be directed to the Sheriff or other Officer of the same County Limit or Place that shall seize the Goods or levy the said forfeiture commanding the said Sheriff or other Officer to pay the same accordingly to him that so discovered the same out of the monies to be levyed by vertue of the said forfeitures which Warrant and payment shall be effectual in the Law for that purpose and a sufficient discharge in that behalf for the Sheriff or other Officer upon his Accompt Within threé days next after the Offence committed Discovery within what time So that if three days next after the Offence committed elapse before the discovery is made the discoverer shall have no benefit by this Act. And therefore if the person discovering had no notice of the Offence till the three days expire although he discovers it presently upon such notice given him yet he comes too late much less shall he have three days after notice as Wingate tit Crowne numb 128. mistakes the meaning of this Clause Commanding the said Sheriff or other Officer to pay the same In the late additions to Dalton cap. 81. tit Recusants Who is to pay the discoverer Sect. 57. 't is said that the Sheriff is to grant his Warrant for the payment of the discoverer but that is a misrecital of the Statute for the Sheriff himself is to pay him And whereas the repair of such evil affected persons to the Court or to the City of London may be very dangerous to his Majesties person and may give them more liberty to méet Stat. Sect. 3. A Popish Recusant shall not come to Court consult and plot their Treasons and practices against the State then if they should be restrained and confined unto their private Houses in the Country For remedy hereof Be it Enacted by the Authority aforesaid That no Popish Recusant Convicted or to be Convicted shall come into the Court or House where the Kings Majesty or his Heir apparent to the Crown of England shall be unless he be commanded so to do by the Kings Majesty his Heirs and Successors or by Warrant in writing from the Lords and others of the most Honourable Privy Council of the Kings Majesty his Heirs and Successors or any of them upon pain to forfeit for every time so offending one hundred pounds the one moiety to the Kings Majesty his Heirs and Successors the other moiety to him that will discover and sue for the same by Action of Debt Bill Plaint or Information in any one of his Majesties Courts of Record wherein no Essoign protection or wager
assent in one Writing that the assent of the Deputy Lieutenant was contained in the Licence granted by the four Justices of Peace and was not separate and distinct by it self Cro. Jac. supra but to this the Court made no answer And it seems that such an Assent is well enough though in the same Writing with the Licence if it be expressed that the four Justices do Licence and the Deputy Lieutenant doth assent and such Writing be under the Hands and Seals of all five Residing within the said County or Liberty Residence in the County These words seem to refer as well to the Bishop and Lieutenant as to the Deputy Lieutenant so that if a Bishops Diocess extends into divers Counties and he resides in one of them His assent can be good only for the Popish Recusants of that County where he resides and not for those of any other part of his Diocess so if a Lieutenant reside out of the County whereof he is Lieutenant his assent to such Licence is void And that these words residing within the said County or Liberty cannot be restrained to the Deputy Lieutenant only appears by those next beforegoing viz. of the same County which clearly relate to the Lieutenant as well as to the Deputy Lieutenant and by consequence so must the word immediately subsequent viz. Residing And as to the Bishop the inconvenience is the same as in the Case of the Lieutenant For by their remoteness they are disabled to judge of the condition and behaviour of the Recusant to be Licenced and of the circumstances wherein he stands and whether such Licence may be granted to him without hazard of the publick safety which seems to be the reason of this restriction to the County or Liberty where the party who is to assent resides and holds as well in the Case of the Bishop or Lieutenant as of any Deputy Lieutenant residing out of the County Particular cause of the Licence The particular cause of the said Licence In Maxfields Case B. R. another exception to the Licence granted by the four Justices was that it was said to be granted for certain urgent Causes but no particular Cause for the Recusants travel was expressed in the Licence Cro. Jac. supra And this seems to be a good exception for the inserting into the Licence that the Popish Recusant hath urgent or necessary occasion or business answers only the former part of this Proviso which gives the four Justices power to Licence him if he hath necessary occasion or business to travel out of the compass of five miles but withal it ought to be mentioned in the Licence particularly what that occasion or business is which is the cause of the Licence for so this Act here expresly appoints And therefore that form of a Licence for the Recusant to Travel which Dalton V. cap. 124. tit Licences hath set down wherein no other Cause is mentioned but urgent and necessary business seems too short and general and is not to be relied on which defect the Author of the late Additions to Dalton would have done well to have rectified Oath of Allegiance First taking his Corporal Oath In Mansfields Case Moore 836. C. 1127. There is another Oath mentioned for the Popish Recusant to take before he can be Licensed to Travel and that is the Oath of Allegiance prescribed by the Stat. of 3 Jac. cap. 4. Stat. 3 Jac. 4. For it s there said That in an Information brought against the Recusant for Travelling out of the compass of five miles the Defendant pleaded a Licence from four Justices of Peace and his Plea was disallowed because among other things he did not shew that before the Licence he had taken the Oath of Allegiance yet Quaere of this and by what Law the omitting to take that Oath makes the Licence void But I rather think it to be a mistake and that such an exception might be moved but the Plea not disallowed for that reason One Justice may give the Recusant his Oath Before the said four Iustices of the Peace or any of them Mr. Sheapard thinks that no less then two of the four Justices of Peace can minister this Oath to the Recusant Sure guide cap. 14. Sect. 5. But I take it to be clear that any one of the four Justices may minister the Oath in this Case And there is a great difference between any Justices for that denotes the plural number as in the subsequent Clause about Armor where any Justices may imprison the Offender that is any two Justices or more and any of the Justices as here which denotes the singular number and the following words who shall have Authority by vertue of this Act to minister the same may be well enough applied to any one Justice of Peace That he hath truly informed them of the cause of his Iourney Averment that the cause is true If an Information be brought against a Popish Recusant for travelling out of his compass of five miles and he plead a a Licence from four Justices of Peace it seems necessary that he aver in his Plea that the Cause contained in his Licence was true and real Vide Moore 836. C. 1127. And be it further Enacted by the Authority aforesaid Stat. Sect. 9. A Recusant disabled to execute certain Offices and Functions That no Recusant convict shall at any time after the end of this Session of Parliament practise the Common Law of this Realm as a Chancellor Clerk Attorney or Solicitor in the same nor shall practise the Civil Law as Advocate or Proctor nor practise Physick nor exercise or use the Trade or Art of an Apothecary nor shall be Iudge Minister Clerk or Steward of or in any Court or kéep any Court nor shall be Register or Town Clerk or other Minister or Officer in any Court nor shall bear any Office or Charge as Captain Lieutenant Corporal Sergeant Ancient-bearer or other Office in Camp Troup Band or Company of Souldiers nor shall be Captain Master Governor or bear any Office or Charge of or in any Ship Castle or Fortress of the Kings Majesties his Heirs and Successors but be utterly dissabled for the same and every person offending herein shall also forfeit for every such offence One hundred pounds the one moity whereof shall be to the Kings Majesty his Heirs and Successors and the other moiety to him that will sue for the same by Action of Debt Bill Plaint or Information in any of the Kings Majesties Courts of Record wherein no Essoin Protection or Wager of Law shall be admitted or allowed And be it also Enacted by the Authority aforesaid Stat. Sect. 10. No Popish Recusant shall be a publick Officer That no Popish Recusant convict nor any having a Wife being a Popish Recusant convict shall at any time after the end of this Session of Parliament or any Popish Recusant hereafter to be convict or having a Wife which hereafter shall
meét to be Executors or Administrators to any person or persons whatsoever nor to have the Education of their own Children much less of the Children of any other of the Kings Subjects nor to have the marriage of them Be it therefore Enacted by the Authority aforesaid A Recusant shall not be Executor or Administrator That such Recusants convicted or which shall be convicted at the time of the death of any Testator or at the time of the granting of any Administration shall be disabled to be Executor or Administrator by force of any Testament hereafter to be made or Letters of Administration hereafter to be granted Or Guardian nor shall have the custody of any Child as Guardian in Chivalry Guardian in Socage or Guardian in nurture of any Lands Tenements or Hereditaments being Fréehold or Copyhold but shall be adjudged disabled to have any such Wardship or Custody of any such Child or of their Lands Tenements or Hereditaments being Fréehold or Copyhold as aforesaid Who shall have the Wardship And that for the better Education and Preservation of the said Children and of their Estates the next of the kin to such Child or Children to whom the said Lands Tenements or Hereditaments of such Child or Children cannot lawfully descend who shall usually resort to some Church or Chappel and there hear Divine Service and receive the holy Sacrament of the Lords Supper thrice in the year next before according to the Laws of this Realm shall have the Custody and Education of the same Child and of his said Lands and Tenements being holden in Knights Service until the full age of the said Ward of one and twenty years And of his said Lands Tenements and Hereditaments being holden in Socage as a Guardian in Socage And of the said Lands Tenements and Hereditaments holden by Copy of Court Roll of any Mannor so long as the Custom of the said Mannor shall permit and allow the same and in every of the said Cases shall yield an Accompt of the profits thereof to the said Ward as the Case shall require And that if at any time hereafter any of the Wards of the Kings Majesty or of any other shall be granted or sold to any Popish Recusant Convict such Grant or Sale shall be utterly void and of none effect Convicted at the time of the death of any Testator or at the time of the granting of any Administration Granting of Administration These words are to be construed reddendo singula singulis viz. That the Recusant shall be disabled to be Executor if he be convicted at the time of the death of the Testator or to be Administrator if he be Convicted at the time of the granting of Letters of Administration For so these words at the time of the granting of any Administration are here to be understood And therefore if a man makes his Will and therein appoints a Recusant Convict to be his Executor Executor where not disabled and before the Testators death the Conviction is removed by Reversal of the Judgment or avoided or discharged for some defect in the Indictment Proclamation or other proceedings and then the Testator dies In such Case the Recusant is not by this Act disabled to be Executor For although the naming of an Executor is in Law a granting of Administration And if a man by his last Will grants the Administration of his Goods and Chattels to J. S. without more saying thereby J. S. is made his Executor Dyer 290. So that the naming of an Executor and the granting of Administration seem to be the same thing yet this is not a granting of Administration within the meaning of this Act Administration here relating only to an Administrator and not to an Executor besides the naming of an Executor amounts not to a compleat grant of Administration until the Testators death For then and not before the Will becomes in force And if the party stands not then convicted he is not disabled Much less shall he be disabled to be Executor who is not convicted at the time of the Testators death although he be convicted at the time of the Probate of the Will For if these words granting of Administration should relate to an Executor as well as to an Administrator which in truth they do not yet the power given to the Executor by the Ordinary or Ecclesiastical Judge upon the probate of the Will cannot be called a granting but only a committing of Administration Committing of Administration What the Ordinary grants to an Executor according to the Will of the deceased And in such Case all that the Ordinary or Ecclesiastical Judge can grant are Letters testifying what the Testator hath already given to the Executor and a Power or Authority to execute the Will As Guardian in Chivalry Although the Recusant seized in Chivalry and Convicted could not have been Guardian yet if he had granted the Seigniory Seigniory granted over to one who was no Recusant the Grantee should have been Guardian notwithstanding this Act for the mischief here intended to be prevented was removed when the Seigniory was granted to another who was no Recusant By Jones Justice C. B. Hill 20. Jac. Jones 19. So if the King had seized Seized by the King the Recusants Seigniory as part of his two parts the King should have had the Wardship and not the next of kin for the same reason Jones 21. Stat. Sect. 22. Popish Books And be it further Enacted by the Authority of this present Parliament That no person or persons shall bring from beyond the Seas nor shall Print sell or buy any Popish Primmers Ladies Psalters Manuels Rosaries Popish Catechisms Missals Breviaries Portalls Legends and Lives of Saints containing superstitious matter Printed or Written in any Language whatsoever nor any other superstitious Books Printed or Written in the English Tongue upon pain of forfeiture of Forty shillings for every such Book one third part thereof to be to the Kings Majesty his Heirs and Successors one other third part to him that will sue for the same and the other third part to the Poor of the Parish where such Book or Books shall be found to be recovered by Action of Debt Bill Plaint or Information in any of the Kings Majesties Courts of Record wherein no Essoin Protection or Wager of Law shall be admitted or allowed and the said Books to be burned Stat. Sect. 23. Popish Reliques and Books And that it shall be lawfull for any two Iustices of Peace within the Limits of their Iurisdiction or Authority and to all Mayors Bailiffs and Chief Officers of Cities and Towns Corporate in their Liberties from time to time to search the Houses and Lodgings of every Popish Recusant Convict or of every person whose Wife is or shall be a Popish Recusant Convict for Popish Books and Reliques of Popery And that if any Altar Pix Beads Pictures or such like Popish Reliques or any Popish Book
penalty of Twenty pounds per month to the King for the time to come by the said Statute of 29 Eliz. 6. and 3 Jac. 4. Stat. 29 Eliz. 6 3 Jac. 4. that the King cannot bring an Action of Debt or the Informer any popular Suit against the Husband and Wife for any offence of Recusancy committed by the Wife after such Conviction see for this Stat. 23 Eliz. cap. 1. 23 Eliz. 1 Sect. 9. and 3 Jac. cap. 4. Sect. 6. However admitting they may yet now if the King take advantage of this Statute and the Wife be either Imprisoned or the Husband yields the third part of his Lands to the King there is no question but the King and Informer are both barred The King and Informer barred to sue for the Twenty pounds per month for any time incurred after her Conviction For the King hath made his Election to punish her this way and the Informer cannot sue her for she is punished already at the Suit of the King And if the Husband pay the Ten pounds per month the King and Informer are likewise barred for those months of her absence from Church incurred after her Conviction for which the Husband hath paid the Ten pounds monthly to the King for he shall not be twice punished for the same offence Of all his Lands and Tenements By Tenements Tenements what are to be understood Offices Rents Commons Profits apprender out of Lands Advowsons and the like wherein a man hath any Franktenement and whereof he is seized ut de libero tenemento for all these are included under the word Tenement as well as Lands and other Inheritances which are holden Co. 1. inst 6. Perkins Sect. 114 115. 11 H. 6. 22 Bro. Grant 143. Finch 130. Womans Lawyer lib. 3. 188. Anderson 2. 4. But Tenement extends not to a Chattel or Lease for years Bro. Done 41. Grant 87. Bulstrode 1. 101. Turpine against Forreyner So that the Husband need not yield to the King the third part of his Leases for years for the Recusancy of his Wife Shall continue out of Prison A married Woman Imprisonment of the Wife for other cause convicted as a Popish Recusant is after her Conviction and before any further prosecution or any Election made by the Husband whether he will pay the Ten pounds per month or yield the third part of his Lands imprisoned by process of Law or for some other Cause not relating to such Conviction and afterwards is set at Liberty It seems that the Husband shall not pay the Ten pounds per month for the time she was in Prison for the Act speaks only of the time during which she continues out of Prison and although she were not imprisoned for her Recusancy yet seeing she had not during such her Imprisonment the benefit intended to her in consideration of the Ten pounds per month or third part viz. her Liberty the Husband shall not for that time pay the penalty here appointed to save her Imprisonment but if he pay it for the time after she is set at Liberty that is sufficient to satisfie the intent of this Act. But if after such Conviction Covinous Imprisonment the Wife be imprisoned by Covin upon some pretence not relating to such Conviction that shall not save the Husbands payment of the Ten pounds per month for the time she was imprisoned but after she is set at Liberty she may be again Imprisoned by force of this Act unless the Husband pay the Ten pounds per month or satisfie to the King the third part of the profits of his Lands as well for the time of such covinous Imprisonment as for the future for the covinous Imprisonment was upon the matter her own Act and no person shall take advantage of an Imprisonment covinously caused by him or her self 16 E. 4. 5. And here she continued out of Prison in the sence of this Act because her Imprisonment was not by Process of Law in invitam Outlawry by Covin And so if a Man be Outlawed while he is in Prison yet the Outlawry shall not be avoided for that Cause if the Imprisonment were by Covin or consent of the party Outlawed Co. 1. Inst. 259. 38. Assiz Pl. 17. Stat. iii Car. i. cap. ii An Act to restrain the passing or sending of any to be Popishly bred beyond the Seas FOrasmuch as divers ill affected persons to the true Religion established within this Realm Stat. Sect. 1. have sent their Children into Forreign parts to be bred up in Popery notwithstanding the restraint thereof by the Statute made in the first year of the Reign of our late Soveraign Lord King James of famous memory Be it Enacted that the said Statute shall be put in due execution And be it further Enacted by the Kings most Excellent Majesty and the Lords Spiritual and Temporal and Commons in this present Parliament assembled and by the Authority of the same that in Case any person or persons under the Obedience of the King his Heirs and Successors He that goes himself or sends any other beyond the Seas to be trained up in Popery c. shall be disabled to sue c. and shall lose all his Goods and shall forfeit all his Lands c. for life at any time after the end of this Session of Parliament shall pass or go or shall convey or send or cause to be sent or conveyed any Child or other person out of any of the Kings Dominions into any the parts beyond the Seas out of the Kings Obedience to the intent and purpose to enter into or be resident or trained up in any Priory Abbey Nunnery Popish Vniversity Colledge or School or House of Iesuites Priests or in any private Popish Family and shall be there by any Iesuite Seminary Priest Friar Monk or other Popish Person instructed perswaded or strengthned in the Popish Religion in any sort to profess the same or shall convey or send or cause to be conveyed or sent by the hands or means of any person whatsoever any sum or sums of money or other thing for or towards the maintenance of any Child or other person already gone or sent or to go or to be sent and trained and instructed as is aforesaid or under the the name or colour of any Charity Benevolence or Alms towards the relief of any Priory Abbey Nunnery Colledge School or any Religious House whatsoever Every person so sending conveying or causing to be sent and conveyed as well any such Child or other person as any sum or sums of money or other thing and every person passing or being sent beyond the Seas being thereof Lawfully Convicted in or upon any Information Presentment or Indictment as is aforesaid shall be disabled from thenceforth to sue or use any Action Bill Plaint or Information in course of Law or to prosecute any Suit in any Court of Equity or to be Committée of any Ward or Executor or Administrator
to any person or capable of any Legacy or Deéd of Gift or to bear any Office within the Realm and shall lose and forfeit all his Goods and Chattels and shall forfeit all his Lands Tenements and Hereditaments Rents Annuities Offices and Estates of Fréehold for and during his natural Life Stat. Sect. 2. He that conforms shall not incur the penalties aforesaid Provided always That no person sent or conveyed as aforesaid that shall within Six months after his Return into this Realm conform himself unto the present Religion established in this Church of England and receive the Sacrament of the Lords Supper according to the Statutes made concerning conformity in other Cases required from Popish Recusants shall incur any the penalties aforesaid Within Six months after his return And not within Six weeks as Wingate tit Crowne numb 157. erroneously Stat. Sect. 3. What Justices shall hear and determine these offences And it is Enacted That all and every of the offences against this Statute may be inquired heard and determined before the Iustices of the Kings Bench or Iustices of Assize or Goal delivery or of Oyer and Terminer of such Counties where the Offenders did last dwell or abide or whence they departed out of this Kingdom or where they were taken Or of Oyer and Terminer Justices of Peace Justices of Peace here excluded cannot take an Indictment upon this Statute for no inferior Court shall take Authority by any Statute unless it be specially named Savile 135. C. 212. Agard and Candish And although Justices of Peace have in their Commission an express Clause ad audiendum terminandum and by that are Justices of Oyer and Terminer yet forasmuch as there is a Commission of Oyer and Terminer known distinctly by that name and the Commission of Peace is known distinctly by another name they shall not be included under the general words of Justices of Oyer and Terminer as was adjudged Hill 30 Eliz. B. R. in the Case of Richard Smith who was Indicted at the Sessions of the Peace in the County of Oxon upon the Statute of 5 Eliz. cap. 14. Stat. 5 Eliz. 14 of forging Deeds which impowers the Justices of Oyer and Terminer to inquire of hear and determine that offence and yet the Indictment before the Justices of Peace was quashed as taken coram non Judice Co. 9.118 Co. 3. Inst. 103. Cro. Eliz. 87. vide Cro. Mich. 39 40 Eliz. 601. Wilsons Case Ibid. Mich. 41 42 Eliz. 697. Hunts Case Or where they were taken Vide Stat. 3 Jac. cap. 4. 3 Jac. 4. Sect. 21. Provided also That if any person or Child Stat. Sect. 4. In what Case the offenders Lands shall be restored again so passing or sent or now being beyond the Seas shall after his return into this Realm conform himself to the present Religion established in this Church of England and receive the Sacrament of the Lords Supper according to the Statutes made for or concerning conformity in other Cases required from Popish Recusants for and during such time as he or she shall so continue in such conformity and obedience occording to the true intent and meaning of the said Laws and Statutes shall have his or her Lands restored to them again Addendum Stat. xxv Car. ii c. ii An Act for Preventing Dangers which may happen from Popish Recusants FOR preventing Dangers which may happen from Popish Recusants and quieting the minds of His Majesties good Subjects Be it Enacted by the Kings most Excellent Majesty by and with the Advice and Consent of the Lords Spiritual and Temporal and the Commons in this present Parliament assembled and by Authority of the same That all and every person or persons as well Péers as Commoners that shall bear any Office or Offices Civil or Military or shall receive any Pay Salary Fée or Wages by reason of any Patent or Grant from His Majesty or shall have Command or Place of Trust from or under His Majesty or from any of His Majesties Predecessors or by His or their Authority or by Authority derived from Him or them within the Realm of England Dominion of Wales or Town of Berwick upon Tweed or in His Majesties Navy or in the several Islands of Jersey and Guernsey or shall be of the Houshold or in the Service or Imployment of His Majesty or of his Royal Highness the Duke of York who shall inhabit reside or be within the City of London or Westminster or within Thirty miles distant from the same on the first day of Easter Term that shall be in the year of our Lord One thousand six hundred seventy threé or at any time during the said Term all and every the said person and persons shall personally appear before the end of the said Term or of Trinity Term next following in His Majesties high Court of Chancery or in His Majesties Court of Kings Bench and there in publick and open Court between the hours of Nine of the Clock and Twelve in the Forenoon take the several Oaths of Supremacy and Allegiance which Oath of Allegiance is contained in the Statute made in the third Year of King James by Law established and during the time of the taking thereof by the said person and persons all Pleas and Procéedings in the said respective Courts shall cease And that all and every of the said respective persons and Officers not having taken the said Oaths in the said respective Courts aforesaid shall on or before the First day of August One thousand six hundred seventy thrée at the Quarter Sessions for that County or place where he or they shall be inhabit or reside on the Twentieth day of May take the said Oaths in open Court betwéen the said hours of Nine and Twelve of the Clock in the Forenoon And the said respective Officers aforesaid shall also receive the Sacrament of the Lords Supper according to the Vsage of the Church of England at or before the First day of August in the year of our Lord One thousand six hundred and seventy thrée in some Parish Church upon some Lords day commonly called Sunday immediately after Divine Service and Sermon And be it further Enacted by the Authority aforesaid That all and every person or persons that shall be admitted entred placed or taken into any Office or Offices Civil or Military or shall receive any Pay Salary Fée or Wages by reason of any Patent or Grant of his Majesty or shall have Command or Place of Trust from or under his Majesty his Heirs or Successors or by his or their Authority or by Authority derived from him or them within this Realm of England Dominion of Wales or Town of Berwick upon Tweed or in his Majesties Navy or in the several Islands of Jersey and Gernsey or that shall be admitted into any Service or Imployment in his Majesties or Royal Highnesses Houshold or Family after the First day of Easter Term aforesaid and shall inhabit be
185. Actions Popular see Informations Acts of Parliament See Statutes Administration and Administrators See Excommengement Executor Probate Recusants Who is disabled to be an Administrator 212. 234 235. 258. 263. The Mother shall administer before the Brother or Sister 225. Advowson See Covin Recusants Vniversity An Advowson is comprehended under the word Hereditament 106. 171. 172. It may be seized for Recusancy 106. 171 172. Where the King hath seized the Advowson of a Popish Recusant whether the King or University shall present 172. 231 232. By the Kings seizure of two parts of a mannor two parts of an Advowson appendant are seized by consequence 172. 233. In such case the King shall present alone by his Prerogative 172. 233. His two parts shall not pass from him by general words 173. Where upon reversal of an utlawry the Patron of an Advowson shall be restored to his Presentment and where not 180. Age 198. Agnus Dei c. Where the bringing in offering delivering or receiving of an Aguns Dei c. is a Praemunire and where not 51 52 53. Where the offender must be apprehended or his name disclosed and to whom 53 54. The Penalty for concealing the offenders name 55 56. Aid see Notice Aiders Maintainers Relievers c. of offenders where and how punishable 12. 17. 34 35. 42. 47. 50 51. 59. 90 91. 93 94. 184 185. Alien An Information lies against an Alien and a Writ of Error for him 76. An Alien though indenized or naturalized is no natural Subject 185. Indictment of High Treason against an Alien by birth 185. It shall not be contra naturalem Dominum 185. An Alien indenized or naturalized in Scotland or Ireland is still an Alien here 189. Where an Alien shall forfeit 12 d. per Sunday or Holiday for not coming to Church and where not 190. Allegiance see Oath of Allegiance Appearance See Baron Feme What appearance upon Proclamation shall save the Recusants default and what not 108. 164 165. Where he cannot appear by Attorney 164. His Remedy if his Appearnce be not recorded 164. Appropriation Where the King may make an Appropriation 7. Archbishop See Bishop Archbishop of Canterburies concurrent jurisdiction abrogated 5. Armour See Iustices of Peace Where the Arms of a Popish Recusant convict may be seized by force of 3 Jac. 5. and where not 237 238. The penalty for refusing to discover or hindring the delivery of such Arms 237. A Popish Recusant Convict shall maintain his Armour 239. Arraignment See Witnesses The party must be first arraigned and convicted before he can be fined and imprisoned at the Kings pleasure 97. Assent see Licence Attainder see Vniversity Attorney see Appearance Audita Querela Audita Quaerela against the Informer 148. It lies not against the King 148. Averment See Covin Indictment Iointure Licence Quare Impedit Bail SPecial Bail where not necessary 75. Baptism The penalty where the child of a Popish Recusant convict is baptized contrary to 3 Jac. 5.222 223. Baron Feme See Conformity Covin Custom Oath Plea Sacrament A married woman is liable to the Penalties for Recusancy 26. 68. And may 〈◊〉 imprisoned for non-payment thereof 86. 252 253. She ought in such case to have hard and close imprisonment 86. Where the Husband may save her imprisonment by paying 10 l. per month or yielding the thirds of his Lands to the King 252 253 254 255 256. Where the Husband is chargeable for the Wives Recusancy and where not 68. 75 76. 79. 122 123. 167. And may be imprisoned for non-payment of the Forfeiture 86. 253. Where the Wife cannot appear or plead without her Husband 75. The penalty by 7 Jac. 6. of a married woman convicted as a Popish Recusant if she conforms not 252. Where she shall forfeit the profits of two thirds of her Jointure and Dower and be otherwise disabled if she conform not in her Husbands life time 212 213. 214. Of what Dower she shall not forfeit any profits 215. Where a Woman may have Jointure and Dower both 213 214 215. Whether the Conviction of the Wife on an Indictment of Recusancy shall bar the King of his action of Debt and the Informer of his popular suit 79. 167. 254. A Feme Covert is within 1 Eliz. 2. of depraving c. the Common Prayer 24. And punishable by 35 Eliz. 1. of Conventicles and by 35 Eliz. 2. of Popish Recusants save as to Abjuration 123 124. 146. In what cases she may be punished upon 3 Jac. 4. and in what cases not 195. Where the Wife of a man abjured may sue without her Husband and shall have her Dower or Jointure in his life time and where not 124 125. Where the Husband of a Popish Recusant convict shall not bear any office 111 112. The penalty on a Popish Recusant convict who is married contrary to 3 Jac. 5. 220 221 222. In what case the Recusant so married cannot be punished by 3 Jac. 5. 222. Bar. See Baron Feme Informers King Good Behaviour see Recusants Benefice See Cura animatum Nomination Recusants Birth Birthright is Character indelebilis 247. Bishop See Archbishop Conformity Ecclesiastical Iurisdiction Excommengement Ordinary Before whom Archbishops and Bishops shall take the Oath of Supremacy 8. And the Oath of Allegiance 241 242. To whom an Archbishop or Bishop may tender or minister the Oath of Supremacy 39. 186. Where an Archbishop or Bishop may associate himself to the Justices of Over and Determiner or of Assise 29. But they 〈◊〉 associate themselves to Head-officers of Corporations 30. Where a Schoolmaster may be license◠〈◊〉 allowed by the Archbishop or Bishop 64 65 1â—5â— Submission to an Archbishop or Bishop in what case 95. Submission and Conformity before the Bishop of the Diocess in what cases 69. 92. 186. The Penalty on an offender who is required by the Bishop of the Diocess and yet refuses to conform and submit himself 118 135 138. Where 〈…〉 and Conformity must be certified to the Bishop 119. 145. Where the Bishop of the Diocess nay 〈◊〉 and â—â—â—â—â—ter the Oath of Allegiance and to whom 174 175. 186. 196 197 198. 242 243 244 245. And may commit the Party refusing it 174. 250. Where he may imprison a married woman convicted as a Popish Recusant and where not 252 253 254. Where his assent to a licence for a Popish Recusant to travel out of his compass of five miles is good and where not 206. 208 209 210. Blood See Corruption of Blood 〈◊〉 What they ought to do who are to be restored in Blood â—40 Books Books maintaining the Authority of the Bishop or See of Rome 34. Popish Books prohibited and the penalty for bringing them in c. 236. Bulls The effect of Bulls brought from Rome 49. Getting â—â— putting them iniure is High Treason 49 50. Bull why so called â—◠〈◊〉 The Penalty if a Popish Recusant be buried contrary to â— Jac. 5.223 Ceremonies Who may ordain Ceremonies and Rites of the Church 31
the person offering an Agnus Dei c. shall be disclosed to the Ordinary of the Diocess 53 54. A Schoolmaster may be allowed by the Ordinary of the Diocess 64. What the Ordinary may take for such allowance 65. Ornaments What Church Ornaments shall be used 31. Outlawry see Vtlawry Pardon Where the King may pardon the forfeiture upon a poenal Law and where not 80. His pardon will not restore an offender deprived by 1 Eliz. 23. Parish See Church The Ecclesiastical Court cannot try the limits or bounds of Parishes 28. The Parish the Recusant is of need not be named in the Indictment 71. How the Parish is to recover that part of the penalty given by 23 Eliz. 1. to the Poor 71. Parliament When the Parliament of 1 Eliz. began 24. Every Member of the Commons House must take the Oaths of Supremacy and Allegiance 43 44. 243. Patron See King Nomination Recusants Vtlawry Notice to the Patron where necessary and where not 23. Péers See Praemunire By and before whom to be indicted 88. 188. By whom to be tried 16. 29. 44. 56. 87. 93. 96. 188. Provision in Acts of Parliament for trial of a Peer by his Peers where ex abundanti 16. In what cases only a Peer shall be tried by his Peers 198. Saving of the Priviledges of Peers 265 266. Penalty See Baron Feme Cinque Ports Forfeiture King Parish Recusants Penalties given by 23 Eliz. 1. how to be recovered by the King and where 120 121 122. Penalties given by 23 El. 1. and 35 El. 1. how to be distributed 70. 111. 123. The subsequent distribution of a Penalty shall be good although the whole be at first given to the King 70 71. Penalties For refusing to abjure see Abjuration For absolving perswading or withdrawing the Kings Subjects from their Obedience or the Religion established to the Romish Religion or reconciling them to the Pope or See of Rome or being absolved c. See Absolution Obedience Religion Rome For bringing in c. any Agnus Dei c. See Agnus Dei. For concealing the offenders name See Agnus Dei. On such who aid maintain relieve c. offenders See Aide For refusing to discover or hindring the delivery of a Popish Recusants Arms. See Armour If the Child of a Popish Recusant convict be baptized contrary to 3 Jac. 5. See Baptisme On a Popish Recusant convict who is married contrary to 3 Jac. 5. See Baron Feme Recusants On a married woman convicted as a Popish Recusant if she conforms not See Baron Feme Recusants For bringing in c. Popish Books See Books For getting or putting in ure Bulls from Rome See Bulls If a Popish Recusant be buried contrary to 3 Jac. 5. See Burial For not coming to Church See Church Recusants For depraving hindring or not using the Common Prayer or using or maintaining any other See Common Prayer On Concealers of Offences See Concealers For going to Conventicles or perswading others so to do or to impugne the Kings Ecclesiastical power or to forbear to come to Church See Church Conventicles King For not certifying the submission required by 27 Eliz. 2. See Conformity For refusing to make submission according to 35 Eliz. 1. or 35 Eliz. 2. See Conformity For keeping a Recusant in his house See House For maintaining any Forraign Jurisdiction within this Realm See Iurisdiction For saying or hearing of Masse See Masse For refusing or not taking the Oaths of Supremacy or Allegiance See Oaths For not certifying the Refusal or the taking of the Oath of Supremacy See Oaths For not certifying the taking of the Oath of Allegiance See Oaths For serving or going to serve a Forraign Prince c. without first taking the Oath of Allegiance See Oaths For executing any Office without receiving the Sacrament and taking the Oaths and Test injoined by 25 Car. 2. 2. See Offices For not certifying Presentments of Offences against 5 Eliz. 1. See Presentments For not presenting Popish Recusants at the Sessions See Recusants For not entring and recording such Presentments See Recusants On a Popish Recusant confined and offending against 35 Eliz. 2. See Recusants For keeping or maintaining Recusants See Recusants On a Popish Recusant convict who comes to Court See Recusants On a Popish Recusant who departs not out of London and ten miles compass See Recusants On a Recusant convict for exercising certain Offices and Functions See Recusants On a married woman who is a Popish Recusant convict and conforms not in her husbands life time See Recusants For maintaining the Bishop or See of Romes Authority See Rome For Educating Children in the Popish Religion See Rome On the Popish Recusant who conforms and receives not the Sacrament of the Lords Supper yearly See Sacrament For keeping or being a Schoolmaster contrary to 23 Eliz. 1. or 1 Jac. 4. See Schoolmaster For suffering Women or Children to go beyond Seas without Licence and on such as go or send them See Seas For a Jesuite Seminary Priest c. to be within this Realm See Seminary For not discovering them See Seminary For not giving Information of such discovery See Seminary For relieving or maintaining such or any Popish Colledge Seminary c. or such who abide there or in any Popish Family beyond the Seas See Seminary For going or sending any thither See Seminary For returning from a Seminary without making submission See Seminary For serving or going to serve a forraign Prince c. without first entring into Bond. See Service For not certifying such Bond. See Service Pensions Saving of Pensions and Salaries 265. 267. Petition Petition to the King 148. Plea See Baron Feme Excommengement Informations Issue Plea to an Indictment for refusing the Oath of Supremacy 39. Plea to an Information for being married contrary to 3 Jac. 5. 221. In a Suit for Tythes it s a good plea to say he stands convicted on 1 El. 2.23 Where ipsi non sunt culpabiles is a good plea by Baron Feme 75 76. Plea in disability of the person of the Recusant in what cases allowable and in what not 215. 217 218. The conclusion of it 216. Such plea is peremptory 216. Where in a popular Suit the Kings Attorney is to reply and where the Plaintiff or Informer 79 80. Plea after Judgment in what case allowable 148. Poor see Parish Pope see Rome Port. Officers of the Ports what they are impowred to do 155. 183. Where punishable 155. 183 184. Power See Iurisdiction King Praemunire See Indictments Vniversity Praemunire 6. 12. 34. 36. 40. 51 52. 56. 93. 175 176. 196 197 198. 248. In a Praemunire no trial of a Peer by his Peers 198. Nor Councel allowed 198. The Judgment and forfeiture in a Praemunire 46. 152. Not lawful to slay a man attainted in a Praemunire 46. How a man attainted in a Praemunire is out of the Kings Protection 46 47. Prayers See Church Common Prayer Prayers in the Pulpit before Sermon 21. Prerogative See Advowson