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

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he may plead the Generall Issue and yet give speciall matter in evidence CIV This Act shall not abridge the Jurisdiction of Ecclesiasticall Censures CV None shall be punished for his wives offence neither shall any married woman be chargeable with any penalty or forfeiture by force of this Act. CVI. Six of the Privy Councell whereof the Lord Chancellor Lord Treasurer or Principall Secretary shall be one have power to minister the Oaths abovesaid to Noblemen being 18. yeares old and to Noblewomen also of like age and unmarried who shall take the same Oaths accordingly in paine to incurre a Praemunire Vide infra 128. CVII The Warden of the Cinque Ports or some authorized by him shall take the bond and minister the Oath aforesaid where any person passeth beyond Sea out of them of any of their members CVIII Stat 3. Jac. 5. The person that within three dayes notice shall discover to a Just of P. any that entertaines a Popish Priest or any which have heard or said Masse shall have a thrid part of the forfeiture due for the same offences if the whole exceed not 150. l. and then onely 50. l. thereof to be delivered unto him by the Sheriffe or other Officer which shall have power to levie the same CIX No convicted Recusant shall come into the Court without command from the King or warrant from the Privy Councell under their hands in paine of 100. l. to be divided betwixt the King and the Discoverer CX A Popish Recusant convicted or indicted or any person not coming to Church by the space of 3. months together which remains in London or within ten miles distance thereof shall within ten dayes after such conviction or Indictment depart from thence and also shall deliver their names in London to the Lord Maior there and in the Country to the next Just of P. in pain of 100. l. to be divided betwixt the King and the prosecutor Howbeit this clause shall not extend to Tradesmen or such as have no other habitation then in London or within ten miles distance as aforesaid CXI It shall be lawfull for a Recusant to go about his necessary occasions as farre as a license obtained from the King or from three of the Privy Councell under their hands or foure of the next Justices of Peace under their hands and seales with the assent in writing of the Bishop Lieutenant or any deputy Lieutenant of the same County shall give him leave notwithstanding the Statute of 35. El. 2. which lecence shall not be granted by the said Justices till the party hath made oath of the true reason of his journey and that he will make no causelesse stayes CXII No convicted Recusant shall practise the Common Law Civill Law Physick or Art of Apothecary or be an Officer of or in any Court or beare any Office amongst souldiers or in a Ship Castle or Fortresse in paine of 100. l. to be divided betwixt the King and the prosecutor 130. CXIII No Popish Recusant convict or whose wife is a Recusant convict shall exercise any publique Office in the Common-wealth by himselfe or his deputy unlesse he bring up his children in the true Religion together with his children servants repaire to the Church and receive the Sacrament at such times as by the Law are limited 130. CXIV A married woman being a Popish Recusant convict her husband being none that doth not conforme her selfe as aforesaid by the space of one whole yeare before her husbands death shall forfeit two third parts of her Dower or Joynture and shall be incapable of being Executrix or Administratrix to her husband and of enjoying any part of her husbands goods CXV A Popish Recusant after conviction shall be reputed to all intents as a person excommunicate untill he shall conforme go to Church receive the Sacrament and take the Oath of obedience ordained by 3. Jac. 4. Howbeit he may sue for his interest in lands not seised into the Kings hands CXVI A Popish Recusant convict which is married otherwise then in open Church and by a lawfull Minister according to the Orders of the Church of England shall not be tenant by the Counrtesie And a woman in this case shall be disabled to enjoy her Dower Joynture Widowes estate or any of her husbands goods And where the man cannot be tenant by the Courtesie he shall forfeit 100. l. to be divided betwixt the King and the prosecutor CXVII Every Popish Recusant shall within one moneth after the birth of his child cause it to be baptized by a lawfull Minister in pain to forfeit 100. l. if he out-live the moneth if not then his wife is to pay the same forfeiture which shall be divided into there parts whereof the King shall have one the prosecutor another and the poor of the parish the third CXVIII Every Popish Recusant shall be buried in the Church of Church-yard and according to the Ecclesiasticall lawes of this Realm in pain that his executor or administrator or the party that caused him to be otherwise buried shall forfeit 20. l. to be divided into three parts and disposed as aforesaid CXIX A child being no Souldier Mariner Merchant or Apprentice or Factor to a Merchant shall not be sent or go beyond sea without the licence of the King or of six of the privie Councell whereof the principall Secretary shall be one in pain to be thereby incapable to enjoy any lands or goods by descent or grant untill being eighteen yeers of age or above he take the said oath of Obedience before some Justice of Peace of the County where his parents doe or did dwell And in the mean time the next of his kin being no Popish Recusant shall enjoy the lands and goods but shall be accountable to the other in case he after conform himself as aforesaid And he that so goes out of the kingdome without licence shall forfeit 100. l. to be divided and imployed as aforesaid CXX A Popish Recusant convict shall be disabled to present to a Benefice or to grant any avoydance of a Benefice but in stead of him the Chancellor and Scholers of the Universities of Oxford or Combridge shall present within severall Counties respectively for which see the Statute at large Howbeit they shall not conferre it upon a man already Beneficed CXXI A Popish Recusant shall not be an Executor Administrator or Guardian but the next of the kin being no Recusant and unto whom the land cannot lawfully descend shall have the wardship and tuition of an heir or orphan in that case CXXII A grant of the Kings Ward to a Popish Recusant convict shall be void CXXIII None shall bring from beyond sea print sell or buy any Popish Primers Ladies Psalters Manuals Rosaries Popish Catechismes Missals Breviaries Portals Legends or lives of saints in what language soever they shall be printed or written nor any other superstitious books printed or written in the English tongue in pain to forfeit xl s. for every
he shall incurre a Praemunire and for the third shall be adjudged guilty of high Treason But this offence must be prosecuted within one yeare after it is committed See 26. V. If he be a Clergy-man Beneficed upon the first conviction all his Spirituall promotions shall be void VI. If he be imprisoned for this offence committed by words onely and be not indicted for the same within six months after it is committed he shall be set at liberty VII If a Peere of the Realme happen to be guilty of this offence he shall be tried by his Peeres VIII And here for the better observance of this Law was the oath of Supremacy established in these words following I. A. B. do utterly testifie and declare in my conscience that the Queenes Highnesse is the onely supreme Governour of this Realme and of all other her Highnesse Dominions and Countries as well in all Spirituall or Ecclesiasticall things or cases as Temporall and that no forraigne Prince Person Prelate State or Potentate hath or ought to have any Jurisdiction Power Superiority Preheminence or Authority Ecclesiasticall or Spirituall within this Realme and therefore I do utterly renounce and forsake all fonaigne Jurisdictions Powers Superiorities and Authorities and do promise that from henceforth I shall beare faith and true Allegiance to the Queenes Highnesse her Heires and lawfull Successors and to my power shall assist and defend all Jurisdictions Priviledges Preheminencies and Authorities granted or belonging to the Queens Highnesse her Heires and Successors or united and annexed to the Imperiall Crowne of this Realme So help me God and by the Contents of this Book IX Stat. 5. El. 1. None shall maintaine the Jurisdiction of the Bishop or See of Rome within any of the Queenes dominions in paine to incurre a Praemunire X. Just of Ass and Justices of Pain Sess or any two of them 1. Qu. have power to heare and determine this offence and are to certifie such presentments into the Kings Bench within 40. dayes after they receive them if it shall be then Terme time if not then the first day of the Terme then next insuing in paine of 100. l. The Justices of the Kings Bench also as well upon such Certificate as also before themselves have power to heare and determine the same offence XI None compellable to take the oath of Supremacy by this Act or by that of 1. El. 1. which see in the Statutes at large shall refuse to take it accordingly in paine to incurre a Praemunire XII If any refuse to take the same Oath upon the second tender or being formerly convicted of maintaining the jurisdiction of the Bishop or See of Rome as aforesaid do commit the like offence the second time in both these cases they shall suffer as in case of high Treason But here there shall be no corruption of Bloud disheriting of any heire forfeiture of Dower or prejudice to the right of any save onely of the offender during his life XIII This Act shall be published every Qu. Sess by the Cl. of the P. and at every Leete by the Steward there and once every Terme in the open Hall of every Inne of Court and Chancery at such times and by such persons as shall be appointed by the Lord Chancellor or Keeper for the time being XIV None of or above the degree of a Baron shall be compellable to take this oath And here also a Peere offending shall be tried be his Peeres Provided that none shall be compellable to take this oath upon a second tender or be in danger by the refusall thereof to incurre the penalty of high Treason save only Clergy-men Officers of Ecclesiasticall Courts or such as shall not observe the Rites of Divine Service do deprave by words or writing the Rites and Ceremonies of the Church of England or do use to say or heare private Masse XV. It shall not be lawfull to slay one attainted in Praemunire S. after 26. XVI Stat. 13. El. 2. It shall be high Treason to obtaine oor put in ure any Bull of Absolution or reconciliation from the Bishop of Rome or to absolve or be absolved thereby XVII The comforters and maintatiners of such offenders shall incurre a Praemunire and their concealers misprision of Treason unlesse within six weeks they discover them to some of the Privy Councell or to one of the Presidents or Vice-Presidents of the Councels established in the North or Marches of Wales XVIII If any shall bring into any of the Queens Dominions any Agnus Dei Crosses Prictures Beads or any such vaine or superstitious thing or deliver or offer the same to any person to be used both the person so doing and the person so receiving the same shall incurre a Praemunire howbeit if the party unto whom tender thereof shall be made apprehend the pary tendring the same and carry him before the next Just of P. or not being able so to do within three dayes after discloseth his name and the place of his abode or resort unto the Ordinary or some Justice of P. within the same County or having received the same doth within one day after deliver it to some such Justice of peace then shall he not incurre any prejudice by reason of this Act. XIX A Just of P. shall disclose the offences aforesaid to the Privy Councell within 14. dayes after he shall have notice of them in paine to incurre a Praemunire XX. Here the triall of a Nobleman shall be by Peeres See after 26. XXI Stat. 23. El. 1. It shall be high Treason to have or pretend to have power or to put in practise to absolve perswade or withdraw any within the Queenes dominions from their naturall obedience to her majesty or to withdraw them for that intent from the Religion now established to the Romish Religion And them also which shall be willingly so withdrawne or reconciled as aforesaid and ther procurers and counsellors thereunto shall be adjudged guilty of the same offence XXII If any having notice of the said offences do not discover them within 20. dayes to some Just of P. or other such Officer he shall be adjudge guilty of misprision of Treason XXIII None shall say or sing Masse in paine to forfeit 200. marks to suffer one yeares imprisonment and not to be enlarged thence till that fine be paid And none shall heare Masse in paine of onw whole yeares imprisonment and 100. marks XXIV Every person not repairing to Church according to the Stat. of 1. El. 2. which see in Sacraments 24. shall forfeit 20. l. for every month they so make default and if they so forbeare by the space of twelve months after certificate thereof made by the Ordinary into the Kings Bench a Justice of Assise G. D. or Peace of the County where they dwell shall binde them with two sufficient sureties in 200 abl at least to the good behaviour from which they shall not be released untill they shall repaire to Church according to the said