against the Recusant Tenant in Tail in his life time the heir is bound in that Case 5. If a Judgment was had against the Recusant before 1 Jac. 4. § 5. N. 1. and he had died before seizure of the two parts of his Lands the Question was whither after his death they might have been seized by force of 29 Eliz. 6. § 6. N. 1. for the Arrears of the penalty Incurred in his life time for that the Seizure here given is meerly in nature of a nomine paenae or penalty inflicted for his contempt in not paying the 20 l. per month and should not have gone in satisfaction of the debt but the Queen should have held the Land till the 20 l. per month were otherwise paid and satisfied and when this penalty of seizure was not executed in the Recusants life time by his death the contempt was gone and consequently the penalty inflicted for that contempt could not then be put in Execution Lane 92 93. Beekets Case Lane 107. Halseys Case But now by 1 Jac. 4. § 5 N. 1. the seizure is not as a meer penalty for the contempt of non payment but for the satisfaction of the King of the Arrears of 20 l. per month and the profits of the Land shall go towards the payment and satisfaction thereof so that now there is no question but the two parts of the Recusants Lands may be seized after his death unless the hair discharge himself by his Conformity 4. Note in all these Cases of seizure where the Land is to be discharged upon the death of the Recusant altho an Affidavit be made of his death and a discharge obtained thereupon yet 't is a rule in the Court of Exchequer that a Commission shall be Awarded first to Enquire Savile 130. pl. 201. CVII Page 111. This branch 29 Eliz. 6. § 7. N. 2. seems not to extend to all forfeitures for Recusancy for the power here given to the Lord Treasurer c. is only in relation to those forfeitures which are by 29 Eliz. 6. § 3. N. 1.2 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 medles with no other so that if the 20 l. 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 29 Eliz. 1. § 11. N. 1. notwithstanding this act 29 Eliz. 6. § 7. N. 2. 35 Eliz. 1. Of SECTARIES Page 114. Wingate Crown 70. saith that if any person above sixteen years of Age obstinately refuseth to come to Church for a month CVIII Religion or impugnes the Queens Authority in Causes Ecclesiastical he shall be committed to Prison 35 Eliz. 1. § 1. N. 2. 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 Crompton 53. 2. And therefore if a man never comes to Church yet he is no offender within 35 Eliz. 1. § 1. N. 2. 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 malitiously move or perswade some other to forbear to come to Church or receive the Communion or to be present at Conventicles c. or if he himself be present at such Conventicles c. 3. 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 Convinticles c. Or if he himself be present at any Conventicles c. yet he is no offendor within 35 Eliz. 1. § 1. N. 2. if he goeth to Church once within the compass of a month 4. So that the party must both forbear to come to Church and be guilty of some other offences here enumerated or he is not punishable by 35 Eliz. 1. § 1. N. 2. 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 perswades others so to do and not then neither unless he hath been absent from Church by the space of a month Page 114 115. Under colour or pretence of any exercise of Religion 35 Eliz. 1. § 1. N. 3. Altho this Act is commonly called the Act against Sectaries CIX as distinguished from those of the Romish profession yet in truth it extends to all Recusants whatsoever as well Popish as other except 35 Eliz. 1. § 2. N. 1. in the point of abjuration for Popish service is performed under Color or pretence of Exercise of Religion and the assembly or meeting of Popish Recusants under such Color or pretence is an assembly or meeting contrary to the Laws and Statutes and they as well as others may be Indicted upon this Statute if they forbear to come to Church for the space of a month and be present at any part of the Popish service or move or perswade ut supra And may be Imprisoned without Baile until they conform and make submission as by 35 Eliz. 1. § 4. N. 1. is appointed but they cannot be required to abjure unless they offend against 35 Eliz. 2. § 8. N. 2. 2. A Popish Recusant is likewise subject to an Action of debt c. given to the Queen by this Statute 35 Eliz. 1. § 10. N. 2. CX Process Page 115. Being thereof lawfully convicted 35. Eliz. 1. § 1. N. 5. that is convicted both of his absence from Church and of that other offence which makes him punishable by this Act viz. going to Conventicles or moving or perswading c. for his absence from Church for a month must be laid down precisely in the Indictment for without that the other is no offence within this Act. 2. And t is not necessary that the party be Convicted of such absence upon any prior Indictment for altho there was never any former Conviction of him for Recusancy yet if he offend against this Act 35 Eliz. 1. § 1. N. 5. in any of the other particulars he may be Convicted both of that offence and of his absence upon one and the same Indictment and so was the Indictment Mich. 16. Car. 1. in the Case of Lee and others 1 Cro. 593. pl. who were Indicted upon this Statute at the Sessions of the Peace in Essex for absenting themselves for a month from Church and resorting to Conventicles to which they pleaded not guilty and the Indictment was removed in B. R. to be tryed there CIX Oath Page 116. Being thereunto required by the Bishop c. or any Justice of Peace 35
Eliz. 1. § 2. N. 1. But put the Case that the offendor is Convicted and the three months next after his Conviction elapse before he is required by the Bishop or any Justice of Peace or the Minister or Curate of the Parish to conform and make submission here appointed and afterwards he is required by one of them so to do It seems in this Case such request comes too late for he ought to conform and submit within the three months if he be required but if he be not required he is not bound to abjure for omitting it altho he shall remain in Prison till he conforms and submits But if within the three months he be required to conform and submit and refuse there is no question but he may be at any time afterwards warned or required to abjure Conformity CXII Page 117 118. That 35 Eliz. 1. § 4. N. 5. appoints the Conformity and submission to be At any Church Chappel or usual place of Common-Prayer but 35 Eliz. 1. § 4. N. 1. limits it to be at some Parish Church the meaning whereof seems to be that if a man be an offendor against this Act and Convicted he may within the three months after his Conviction conform and submit by 35 Eliz. 1. § 1. N. 5. in any Church Chappel or usual place of Common-prayer where there is Common-prayer and either a Sermon or the Gospel read Infra 145. But if he be required within the three months to conform and make submission and he refuseth so to do but the three months expire then by 35 Eliz. 1. § 4. N. 1. his Conformity and submission must be more solemn and publick viz. In some Parish Church where it is presumed there will be the greatest number of People to be Witnesses thereof And by this construction the seeming difference between 35 Eliz. 1. § 1. N. 5. and § 4. N. 1. is reconciled and this construction naturally flows from the order wherein these two branches are placed for 35 Eliz. 1. § 1. N. 5. speaks of a Church Chappel or usual place of Common-Prayer before it mentions the parties refusal to conform and submit within three months next after Conviction but when it hath mentioned such refusal 35 Eliz. 1. § 2. N. 1. then it speaks of the Parish Church only and the second time here limited 35 Eliz. 1. § 4. N. 1. to the offendor when he may conform and submit viz. before he be warned and required to abjure presupposes his refusal to conform and submit within the three months for otherwise he could not be required to abjure But if the offendor be not required within three months according to 35 Eliz. 1. § 4. N. 1. to conform and submit it seems he is not afterwards limited to some Parish Church but may do it according to 35 Eliz. 1. § 1. N. 5. in any Church c. for he is then in no danger of abjuration and his Conformity and submission is then to no other end but to free himself from the Imprisonment inflicted on him upon his Conviction and in that Case the Act saith he may conform and submit in any Church Chappel or usual place of Common-prayer And of this difference of places of Conformity no notice is taken in Additions to Dalt cap. 81. Sect. 13. tit Recusants Church 2. By Parish Church 35 Eliz. 1. § 4. N. 1. is to be understood not only that which hath been alwaies the Mother Church and never belonged to any other but every Church which hath the Administration of Sacraments and Sepulture For that in Law is a Parish Church altho it anciently belonged to another Church 2 Inst 363. where the issue was whither it had Baptisterium and Sepulturam And the Church of Stoke Goldenham tho the Town was parcel of the Rectory of of Hinckly whose Church was Anciently the Mother Church yet having all parochial rights and Church-wardens was adjudged a Parish Church and within 43 Eliz. 2. § N. of the poor CXIII Hutton 93. Hilton and Pauls Case Page 119. These words 35 Eliz. 1. § 5. N. 3. Or any color or means of any dispensation are omitted by Wingate Crown 72. and other particulars faulty CXIV Forfeitures c. Page 120 121. These words All and every the said paines duries forfeitures and payments 35 Eliz. 1. § 10. N. 2. are not to be understood simpliciter or Exclusive as if the forfeitures upon 23 Eliz. 1. § 5. N. 1. could be recovered no other way than is prescribed here But only they give the Queen a new remedy for recovery of them which she had not before and take not away the remedy given by 23 Eliz. 1. § 5. N. 1. upon Indictment nor that by 29 Eliz. 6. § 5. N. 6. upon Indictment and Proclamation nor the Informers popular action given by 23 Eliz. 1. § 11. N. 1. for all these three are affirmative Laws and do not abrogate one the other but may well stand together 2. And the meaning of them taken together is that if the Informer recover the forfeiture upon 23 Eliz. 1. § 11. N. 1. he shall have his part thereof but if the offendor were Indicted at the Queens suit and Judgment had against him upon 23 Eliz. 1. § 5. N. 1 or if he were Convicted upon Proclamation and default upon 29 Eliz. 6. § 5. N. 6. the Queen should have the whole penalty excluding the Informer for he shall not be punished again for the same offence at the suit of the Informer 3. But if the offendor were neither Indicted nor sued by the Informer Qui tam c. the Queen should have another remedy to recover the intire forfeiture by Action of debt c. upon this Statute 35 Eliz. 1. § 10. N. 2. so that the remedies given by these three Statutes 23 Eliz. 1. § 5. N. 1.29 Eliz. 6. § 5. N. 6. and 35 Eliz. 1. § 10. N. 2. are Cumulative and not Privative But as 35 Eliz. 1. § 10. N. 2. doth not abrogate any of the former laws touching Recusancy nor takes away the Informers popular suit so it adds nothing as to the Informer nor gives him any more speedy remedy for the recovery of the forfeiture but leaves him in the same condition as he was in before to take his remedy upon 23 Eliz. 1. § 11. N. 1. Dr. Fosters Case 11 Co. 61.62 and 1 Rol. 90.91.93 2 Cro. 481.8 Bridgman 121.122 Parker versus Webb Page 121. To her Majesties use CXV 35 Eliz. 1. § 10. N. 2. before this Statute the Queen had no other way to recover the intire penalty for Recusancy or any other offence within 23 Eliz. 1. § 5. N. 1. but by Indictment only but by this Statute 35 Eliz. 1. § 10. N. 2. a more speedy remedy was given her by Action of debt bill plaint or Information CXVI Days Page 121 122. Shall and may be recovered 35 Eliz. 1. § 10. N. 2. the King by 31 Eliz. 5. § 5. N.
Master's house nor are his menial Servants for if they are retained in his service fee or livery as Bailiff Steward or in any other capacity and forbear to come to Church the Master shall be punished for their absence Page 192 193. wanting without fraud or Covin other habitation or sufficient maintainance CCIV. 3 Jac. § 34.4 N. 1. A Father or Mother hath no settled habitation but yet hath sufficient maintainance the child receives such Parent into his house who forbears to come to Church in this case the child shall forfeit X l. per month for altho the Parent had no habitation yet this is not a wanting habitation within the meaning of this Act seeing he wanted not sufficient means to procure one But if the Parent hath an habitation yet if he want sufficient maintainance to keep him in that habitation altho he refuse to come to Church the child shall forfeit nothing for receiving him into his house for the words here 3 Jac. 4. § 34. N. 1. are in the Disjunctive and if the Parent wants either other habitation in the sense of the Act or sufficient maintainance the Child may receive him Page 193. that shall be committed by authority to the Custody CCV c. 3 Jac. 4 § 34. N. 1. The former Case of an apprentice was put only of such an one whom the Master takes of his own accord supra 202. But if it be a Parish child bound by the Church-Wardens and Overseers with the assent of the Justices of Peace if the Master be duely required to take him such Apprentice as it seems is committed to the Master's custody within the meaning of this proviso 3 Jac. 4. § 34. N. 1 for he is punishable if he refuse him and if he were a recusant or forbear to come to Church yet the Master shall forfeit nothing for keeping or harbouring him A Serjeant at Armes Pursivant Messenger c. who keeps his prisoner in his house or a Gaoler if he keeps his prisoner in his own house which is no part of the Prison shall not forfeit any thing by force of this Act 3 Jac. 4. § 34. N. 1. Altho he suffers him to go abroad in the Day-time at his pleasure and he forbears to come to Church for that such prisoner was committed by Authority to his Custody Page 193. Standing excommunicated 3 Jac. 4. § 35. N 1. infra a Popish recusant after conviction shall be disabled as an excommunicate person CCVI. yet to other intens he shall not be reputed as a person standing Excommunicate Page 193 for such recusancy 3 Jac. 4. § 35. N. 1. So that if a Popish recusant stand excommunicate for any other cause than for recusancy CCVII. this branch of the Statute doth not affect him CCVIII Lieu. Page 194 wherein such offence shall happen 3 Iac. 4. § 36. N. 2. If a man serves or goes to serve a forreign Prince State or Potentate without first taking the oath of Allegiance or if of that Quality entring into bond altho part of the Offence was done out of the Realm yet for that other part thereof viz his going or passing over the Sea was done in the Realm he shall be tried in the Court where that part of the Offence happened that is where the haven or port is from whence he went or passed over for a Statute is to be so expounded ut verba accipiuntur cum effectu 3 Inst 80. CCIX. Bar. some Page 195. with any penalty or forfeiture by force of this Act 3 Jac. 4 § 40. N. 1. But yet a married woman may be punished by force of any other Act for not receiving the Sacrament during her Marriage 11 Co. 94. Doctor Foster's Ca. And therefore if she be a Popish Recusant convict and receive not the Sacrament within the year next before her husband's death she shall forfeit the profits of two thirds of her joynture and dower and be further disabled as 3 Jac. 5. § 10. N. 1. And unless she receive the Sacrament after conviction she cannot be plaintiff with her Husband in any action but is disabled by 3 Jac. 5. § 11. N. 2 And if she receives it not within three months after her Conviction she may be imprisoned by 7 Jac. 6. § 28 N. 1. unless the husband pay to the King as is there appointed Page 195 For any such offence of not receiving CCX 3 Jac. 4. § 40. N. 1. Wingate Coron 125. Quite mistakes the meaning of it for a married Woman is not exempted from all penalty by force of this Act but only from the Penalty for not receiving the Sacrament during her marriage and there is no question but she may be imprisoned by 3 Jac. 4. § 14. N. 1. if she refuseth the Oath of Allegiance and an Indictment of high Treason lieth against her upon 3 Jac. 4. § 23. N. 1. If she be absolved or withdrawn from her obedience to his Majesty or become roconciled to the Pope or Seo of Rome or promise obedience to the said See c. CCXI. Iustices Page 196 197. Where any Bishop or Justices of the Peace 3 Jac. 4. § 41. N. 1. the Justices of Peace have a twofold power given them by this Act in reference to the Oath of Allegiance 1. Out of Sessions and so any two Justices of Peace Quorum unus c. may tender the oath to any person by 3 Jac. 4. § 13. N. 2. eighteen years old or above other than Noblemen or Noblewomen 2. In their General or Quarter Sessions and there they may by 3 Jac. 4. § 14. N. 2. 3. They may tender the oath to any such person who hath before refused it or to any person whatsoever of or above that age other than Noblemen or Noblewomen Now whther the six privy Counsellours here mentioned 3 Jac 4. § 41. N. 1. may require the Oath of Noblemen and Noblewomen in all cases where the Justices of Peace may require the same of any subject either in or out of Sessions or only in such Cases where they may require it out of Sessions seems to be a question For if the power here given 3 Jac. 4. § 41. N. 1. to the six privy Counsellours be the same with that of the Justices of peace in their Sessions they may by force of this Act tender it to any Nobleman or unmarried Noblewoman whatsoever above 18 years old for the Justices of peace in their Sessions by 3 Jac. 4. § 14. N. 2. may tender it there to any other person whatsoever but if it be meant of the power given the Justices of peace out of Sessions 3 Jac. 4. § 13. N 1. then the six privy Counsellours can tender it by force of this Act 3 Jac. 4. § 41. N. 1. to such Noblemen or unmarryed Noblewomen only who stand convicted or indicted of recusancy for not coming to Church or who have not received the Sacrament twice within the year next before or who
non patrem patriae 7 Co. 9. Calvins Case Page 139. The Offender is 35 Eliz. 2. § 8. N. 1. Strictly tied to depart from the same Haven assigned him CXXXVI and within the time appointed him by the Justices of the Peace or Coroner so that if he depart the Realm from any other Haven or Port or over-stay his time and depart afterwards yet he is a Felon within this Act. CXXXVII Ireland Page 139 140. Or returns or come again into any her Majesties Realms or Dominions 35 Eliz. 2. § 10. N. 1. An Offender within this act abjures in form aforesaid and departs this Realm and afterwards goeth into Ireland without licence and then returns into England with licence which going into Ireland seems to be Felony by this Act. But Quare how the offence shall be tried not in Ireland for this Statute binds not that Kingdom nor can he taken notice of there nor yet can it be tried in England for that the Offence was done elsewhere so that this is Casus omissus and cannot be punisht for that no way of trial is appointed Crompt 53.54 Page 140. CXXXVIII Suspected 35 Eliz. 2. § 11. N. 1. Altho 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 suspition and refusal is ground enough for his Commitment Page 140. 141. Having lawful Authority in that behalf 35. Eliz. 2. § 11. N. 1. This Clause seems to refer to 27. Eliz. 2. § 13. N. 1. Which appoints that the discovery of a Popish CXXXIX 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 Which Statute of 27 Eliz. 2. § 13. N. 1. tho it do not in express terms say that the Justices of Peace or other higher Officer shall examine the Priest or Jesuit so discovered yet in as much as it gives 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 Eliz. 2. § 13. N. 1. lawful Authority to examine him he hath authority likewise by this Statute 35 Eliz. 2. § 11. N. 1. to Commit him if he be suspected to be a Priest or Jesuit and refuseth to answer whether he be so or no. As for Master Shepherd's opinion in his sure Guide Cap. 14. § 5. That there must be two Justices to commit a man by force of 35. Eliz. 2. § 12. N. 1. who is suspected to be a Jesuit or Priest CXL till he answers directly I see no ground at all for it Page 141. Answer to the said Questions 35 Eliz. 2. § 11. N. 1. That is 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 Page 141 142. CLXI Vrged by Process 35 Eliz. 2. § 13. N. 1. 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 travil to such Justice out of his compass of five miles For altho a Justice of Peace's warrant be the Kings Process yet it is not intended here for these words Vrged by Process are restrained by the subsequent words 35 Eliz. 2. § 13. N. 1. as requires the Recusants appearance in some one of the Kings Courts and extend not to all Cases of summons and Process as Wingate Crown 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 forfeits 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 CXLII Courts Page 142. In any her Majesties Courts 35 Eliz. 2. § 13. N. 1. All Courts wherein the Proceedings are directed by the Kings Laws are the Kings Courts and therefore a Court Leet tho of an Inferior nature and kept in the Lords name yet is the Kings Court 5 Co. 39. Cawdries Case Hetley 18. 2. If a Popish Recusant restrained by this Act be cited into the Ecclesiastical Court he may be force of this Proviso travel out of the compass of five miles to appear there 35 Eliz. 2. § 13. N. 1. For all Ecclesiastical Courts are the Kings Courts and the Laws by which they proceed there are the Kings Laws Page 142 143. This 35 Eliz. 2. § 14. CXLIII N. 1. Extends to all Cases in general where the Popish Recusant ought to render his body to the Sheriff upon Proclamation and is not restrained to a Proclamation upon an Indictment for Recusancy And therefore if a Popish Recusant confined by 35 Eliz. 2. had been proclaimed upon the Statute of Marlebridge 52. H. 3.7 § 1. N. 1. 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 Page 143. CXLIV Before he or they shall be thereof Convicted 35 Eliz. 2. § 15. N. 1. A Popish Recusant confined by this Act whose Estate is under value is apprehended for offending against this Act 35 Eliz. 2. § 8. N. 1. and before the expiration of three months next after his apprehension is Convicted of such Offence and then before the three months expire conforms and makes such Submission and Declaration as 35 Eliz. 2. § 8. N 3. and § 16. N. 1. is appointed this Case altho he come too late after Conviction to save the forfeiture of his lands and goods yet he shall not be compelled to abjâ—re for the affirmative words here 35 Eliz. 2. § 15. N. 1. 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 35 Eliz. 2. § 8 N. 3. he is not compellable to abjure I at any time within three months next after his apprehension he conforms confesseth and submits as is there appointed CXLV Church Page 143 144. 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 35 Eliz. 2. § 15. N. 1. and 35 Eliz. 1. § 1. N. 5. for in 35 Eliz. 1. § 1. N. 5. 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 supra 112 But 35 Eliz. 2. § 8. N. 3. Where 't is said that he shall abjure unless he comes usually to Church and make such Confession and Submission c. 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 no place appointed where this Confession and Submission shall be made we must necessarily have recourse to 35 Eliz. 2. § 15. N. 1. 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 Altho 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 35 Eliz. 1. § 1. N. 5. from Imprisonment Page 144 145. CXLVI Submission 35 Eliz. 2. § 15. and 16. If a Popish Recusant Indicted upon this Statute makes his Submission and brings with him into B. R. a testimonial thereof it is 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 Pasch 2. Car. 1. Latch 16. in the Case of one Throgmorton but Jones Justice said there was no Statute to compel him to this second Submission and Throgmorton complained that he was not therein dealt with according to Law 2. 35 Eliz. 2. § 16. N. 2. Is Over her Majesty or within any her Majesties Realms or Dominions And not over her Majesty within any her Dominions as Wingate Crown 85. grosly misrecites for that denies only Popes or See of Romes Authority over her Majesty but not any other ther 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 these words or any Colour or means of any Dispensation which are a very material part of the Submission are likewise omitted by Wingate CXLVII Certificate Page 145. Such Relaps 35 Eliz. 2. § 18. N. 1. with the Indictment thereof is to be certified into the Court of Exchequer as was done by the Justices of B. R. 1 Bulstrode 133 in the Case of Francis Holt Pasch 9 Jac. 1 Iac. 4. Of SEIZVRES CXLVIII Oath PAge 147. By the Oath of Obedience is here 1. Jac. 4. § 1. N. 2. meant the Oath of Supremacy in 1. Eliz. 1. § 19. N. 4. supra and by that name it is here called afterwards 1 Jac. 4. § 3. N. 2. Crompt 13. Page 148. CXLIX It hath been doubted on 1 Jac. 4. § 2. N. 1. whether these words Accodring to the true meaning of the Statutes in that behalf 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 Judgement according to 23 Eliz. 1. § 10. N. 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 1 Jac. 4. § 2. N. 1. 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 1 Jac. 4. § 2. N 1. have enlarged the time limited by 23 Eliz. 1. § 10. N. 1. For this Statute 1 Jac. 4. § 2. N. 1. is made in further favour 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 2. And if an Information tam pro Domino Rege quam pro seipso be brought upon 23 Eliz. 1. § 11. N. 1. 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 for against the Informer he must bring his Audita Querela and against the King he must plead his Conformity which he may do in this Case after Judgment for that no Audita Querela lieth against the King 11 H. 7.10 and it he should not be admitted to plead he would be without any legal Remedy to discharge himself of the forfeiture and Judgement as to the Kings part whose Execution will not be hindered by the Audita Querela against the Informer But if the Defendant neglect to put in his Plea and Execution issueth 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 releive himself as to the Kings part but by his Petition to the King to pardon the Debt 2 Bulstrode 324 1. Rol. 95. Dr. Fosters Case Savil 23. pl. 56. Tiringhams Case CL. Heir Page 149. If any Recusant shall hereafter die 1 Jac. 4. § 3. N. 1. that is a Recusant either Convicted upon Proclamation and default or Convicted by Verdict Confession c. and adjudged for in both those Cases if the Recusant die the discharge of the Heir depends upon his Conformity CLI Forfeiture Page 149 150. Of all and singular the penalties Charges and Incumbrances 1 Jac. 4. § 3. N. 1. If Judgment be had at the Kings suit against a Recusant Tenant in Tail for Recusancy this is a charge and Incumbrance within this Stature of which the Heir in Tail shall not be discharged unless he conforms but must satisfie all the Arrears incurred in the life time of his Ancestor For it being a debt to the King upon a Judgment the entailed Lands are lyable thereto by 33 H. 8.391 § N. But these two Clauses 1 Jac. 4. § 3. N. 1. discharge the Arrears of the 20 l. per month Incurred in the Recusants life time upon the Conformity of the Heir in such Cases only where the two parts of the Recusants Lands were not seized before his death For if they are seized in his life time and continue so till his death neither his fee simple Lands nor his Intailed Lands if a Judgment were had against him for his Recusancy at the Kings suit shall be discharged upon the Heirs conformity without payment of