Selected quad for the lemma: life_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
life_n	adjudge_v	offender_n	punishable_a	18	3	15.9422	5	false

Text snippets containing the quad

ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A31458	The laws of Q. Elizabeth, K. James, and K. Charles the First concerning Jesuites, seminary priests, recusants, &c., and concerning the oaths of supremacy and allegiance, explained by divers judgments and resolutions of the reverend judges : together with other observations upon the same laws : to which is added the Statute XXV Car. II. cap. 2 for preventing dangers which may happen from popish recusants : and an alphabetical table to the whole / by William Cawley of the Inner Temple, Esq.	Cawley, William, of the Inner Temple.	1680 (1680)	Wing C1651; ESTC R5101	281,468	316

Ley Stat. 21 H. 8. 13 13 El. 12. 111. Deprivation And the Statute of 13 Eliz. touching the 39 Articles which provides that no Title to present by Lapse shall accrue upon any Deprivation ipso facto until six months after notice thereof given by the Ordinary to the Patron although it be penned in general terms extends only to the particular Cases in that Statute and to no other Case of Deprivation ipso facto by Act of Parliament And if the person that shall offend and be convicted in form aforesaid concerning any of the premisses shall not be Beneficed Stat. Sect. 4. The penalty of an Offender having no Spiritual Promotion nor have any spiritual Promotion that then the same person so offending and convict shall for the first Offence suffer Imprisonment during one whole year next after his said Conviction without Bail or Mainprize And if any such person not having any spiritual Promotion after his first Conviction shall eftsoons offend in any thing concerning the premisses and shall in form aforesaid be thereof lawfully convicted that then the same person shall for his second Offence suffer Imprisonment during his Life Stat. Sect. 5. The forfeiture of them which do any thing or speak in the derogation of the Book of Common Prayer Causing other Prayer to be said or sung And it is ordained and enacted by the Authority aforesaid That if any person or persons whatsoever after the said Feast of the Nativity of St. John Baptist next coming shall in any Interludes Plays Songs Rhimes or by other open words declare or speak any thing in the derogation depraving or despising of the same Book or of any thing therein contained or any part thereof or shall by open fact deed or by open threatnings compell or cause or otherwise procure or maintain any Parson Vicar or other Minister in any Cathedral or Parish Church or in Chappel or in any other place to sing or say any Common or open Prayer or to minister any Sacrament otherwise or in any other manner and form than is mentioned in the said Book or that by any of the said means shall unlawfully interrupt or let any Parson Vicar or other Minister in any Cathedral or Parish Church Chappel or any other place to sing or say Common and open Prayer or to minister the Sacraments or any of them in such manner and form as is mentioned in the said Book The forfeiture of 100 marks for the first Offence That then every such person being thereof lawfully convicted in form abovesaid shall forfeit to the Queén our Soveraign Lady her Heirs and Successors for the first Offence an hundred marks Any person or persons whatsoever A Feme Covert is within the meaning of this Branch and shall be liable to the Penalties thereby inflicted Feme Covert Hobart 97. Moore versus Hussey Dyer 3 Eliz. 203. Sir Edward Walgraves Case The beginning of this Parliament uncertain There hath been a great question when this Parliament of 1 Eliz. began Poulton saith the 23d of January Dyer 3 Eliz. 203. The 25th of January Co. 4. Inst 7. the 25th of February And for the incertainty when it commenced an Information was brought upon this Branch of the Statute against Sir Edward Walgrave and his Wife by the Queens Attorney without any special recital of the Statute Recital of Statutes only supposing the Offence to be Contra formam effectum cujusdam Statuti in Parliamento tenent apud Westmonasterium anno primo Reginae nunc c. Dyer 3 Eliz. 203. For this is a general Statute and general Statutes need not be particularly recited Plowden 53. Wimbish vers Talbois Ibid. 79. 81. Partridges Case Ibid. 231. Lord Barkleys Case Hearing Mass Compel or cause or otherwise procure or maintaine The hearing of Mass is a maintaining within this Statute and the person hearing it is Indictable thereupon Hobart 97. Dyer 3 Eliz. 203. ibid. 15 Eliz. 323. Fermors Case And if any person or persons being once convict of any such Offence eftsoons offend against any of the last recited Offences Stat. Sect. 6. The forfeiture of four hundred Marks for the second Offence ānd shall in form aforesaid be thereof lawfully convict That then the same person so offending and convict shall for the second Offence forfeit to thr Queén our Soveraign Lady her Heirs and Successors four hundred marks And if any person after he in form aforesaid shall have been twice convict of any Offence concerning any of the last recited Offences shall offend the third time The forfeiture for the third Offence and be thereof in form abovesaid lawfully Convict That then every person so offending and convict shall for his third Offence forfeit to our Soveraign Lady the Quéen all his Goods and Chattels and shall suffer Imprisonment during his Life The Offender in any of these Cases cannot be punished for the second Offence before he be adjudged for the first The Offender not punishable for the second offence until adjudged for the first and that second Offence must be committed after the Judgment given for the first nor for the third Offence before he be adjudged for the second and that third must be committed after the Judgment for the second For Quod non apparet non est non apparet Judicialiter ante Judicium Co. 2. Inst 479. Vide Dyer 323. And if any Person or Persons Stat. Sect. 7. The penalty if the party convicted do not pay his forfeiture within the time limitted that for his first Offence concerning the premises shall be convict in forme aforesaid do not pay the sum to be paid by vertue of his conviction in such manner and form as the same ought to be paid within six weeks next after his conviction That then every Person so convict and so not paying the same shall for the same first Offence instead of the said sum suffer Imprisonment by the space of six months without Bail or Mainprize And if any Person or Persons that for his second Offence concerning the premises shall be convict in form aforesaid do not pay the said sum to be paid by vertue of his conviction and this Statute in such manner and form as the same ought to be paid within six wéeks next after his said second conviction That then every person so convicted and not so paying the same shall for the same second Offence in the stead of the said sum suffer Imprisonment during twelve months without Bail or Mainprize An Information was brought by the Attorney General in the Kings Bench upon the Statute for hearing Mass The Offender dies within the six weeks and Judgment given Trin. 3 Eliz. Quod foris facereth Dominae Reginae Et si non solvet infra c. tunc imprisonabitur c. The forfeiture was estreated into the Exchequer within the six weeks mentioned in the Statute and before the six weeks expire the Defendant in the

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

Heir or Successor as was adjudged in the Case of an Annuity granted to Sir Thomas Wroth during his life Plowden 457. Provided always Stat. Sect. 8. Trial of a Peer If it happen at any time hereafter any Péer of this Realm to be Indicted of any Offence made Treason Felony or Praemunire by this Act That he shall have his Trial by his Péers as in other Cases of Treason Felony or Praemunire is accustomed Provided nevertheless and it is declared by authority aforesaid That if any such Iesuit Seminary Priest or other Priest abovesaid shall fortune to be so weak or infirm of Body that he or they may not pass out of the Realm by the time herein limited without eminent danger of life and this understood as well by the Corporal Oath of the party as by other good means unto the Bishop of the Diocess and two Iustices of Peace of the same County where such person or persons do dwell or abide That then and upon good and sufficient Bond of the person or persons with Sureties of the sum of Two hundred pounds at the least with condition that he or they shall be of good behavior towards our Sovereign Lady the Queén and all her liege people Then he or they so licensed and doing as is aforesaid shall and may remain and be still within this Realm without any loss or danger to fall on him or them by this Act for so long time as by the same Bishop and Iustices shall be limited and appointed so as the same time of aboad exceed not the space of six months at the most And that no person or persons shall sustain any loss or incur any danger by this Act for the receiving or maintaining of any such person or persons so licensed as is aforesaid for and during such time only as such person or persons shall be so licensed to tarry within this Realm Any thing contained in this Act to the contrary notwithstanding Stat. Sect. 9. One knowing a Jesuit or Priest to remain in the Realm must discover it to a Justice of Peace or higher Officer And be it also further Enacted by Authority aforesaid That every person or persons being Subject of this Realm which after the said forty days shall know and understand that any such Iesuit Seminary Priest or other Priest abovesaid shall abide stay tarry or be within this Realm or other the Queéns Dominions and Countries contrary to the true meaning of this Act and shall not discover the same unto some Iustice of Peace or other higher Officer within twelve days next after his said knowledge but willingly conceal his knowledge therein that every such Offender shall make Fine and be imprisoned at the Quéens pleasure And that if such Iustice of Peace or other such Officer to whom such matter shall be so discovered do not within Eight and twenty days then next following give Information thereof to some of the Quéens Privy Councel or to the President or Vice-president of the Quéens Councel established in the North or in the Marches of Wales for the time being That then he or they so offending shall for every such Offence forfeit the sum of two hundred marks And be it likewise Enacted by the Authority aforesaid That such of the Privy Councel President or Vice-president to whom such Informations shall be made shall thereupon deliver a note in writing subscribed with his own Hand to the party by whom he shall receive such Information testifying that such Information was made unto him Being Subject of this Realm And not any person as Wingate tit Crowne numb 59. mistakes What is meant by a Subject of this Realm Subject of this Realm who Vide Stat. 3 Jac. cap. 4. Sect. 23. Vnto some Iustice of Peace or other higher Officer Vide Stat. 35 Eliz. cap. 2. Sect. 8. At the Quéens pleasure Fine and imprisonment at the Queens pleasure In this Case the Offender must be proceeded against according to the course of Law for he cannot be fined or imprisoned at the Kings pleasure by force of this Statute before he be Indicted Convicted and Judgment given against him And so were the proceedings against Sir Thomas Figet for going armed contrary to the Statute of 2 E. 3. Stat. 2 E. 3. 3 cap. 3. For the Book 24 E. 3. 33. saith that he was arraigned c. And if in this Case the Offender be committed to prison in order to his Trial and conviction yet before Judgment or at least before conviction he may be let to mainprize and the Fine shall be imposed by the Justices before whom he is convicted Justiciarii per eorum discretionem assessent finem non Dominus Rex per se in Camera sua nec aliter coram se nisi per Justiciarios suos haec est voluntas Regis viz. per Justiciarios suos legem suam unum est dicere 2 R. 3. 11. vide Co. 4. Inst. 71. 179. Note Sir Robert Brook in abridging the forementioned Case of Sir Thomas Figet saith that he was committed to the Prison of the Marshalsey and could not be mainprized until the King had signified his pleasure but omits the principal matter worthy of observation viz. That he was first arraigned c. Bro. Contempts 6. And be it also Enacted That all such Oaths Stat. Sect. 10. All Oaths Bonds and submissions to be certified into the Chancery Bonds and Submissions as shall be made by force of this Act as aforesaid shall be certified into the Chancery by such parties before whom the same shall be made within thrée months after such submission upon pain to forfeit and lose for every such Offence One hundred pounds of lawful English money the said forfeiture to be to the Quéen her Heirs and Successors None submitting himself shall come within ten miles of the Queen And that if any person so submitttng himself as aforesaid do at any time within the space of Ten years after such submission made come within Ten miles of such place where her Majesty shall ve without especial Licence from her Majesty in that behalf to be obtained in writing under her Hand that then and from thenceforth such person shall take no benefit of his said submission but that the same submission shall be void as if the same had never béen Stat. xxix Eliz. cap. vi An Act for the more speedy and due Execution of certain Branches of the Statute made in the 23 d. year of the Queens Majesties Reign Entituled An Act to retain the Queens Majesties Subjects in their due Obedience FOr avoiding of all Frauds and Delays heretofore practised Stat. Sect. 3. Certain assurances made by Recusants shall be void against the Queen or hereafter to be put in ure to the hindrance of the due and spéedy Execution of the Statute made in the Session of Parliament holden by Prorogation at Westminster the sixtéenth day of January in the thrée and twentieth year of