from the last day of this Session of Parliament deemed and remain utterly repealed void and of none effect to all intents and purposes Any thing in the said several Acts or any of them contained or any other matter or cause to the contrary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
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
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
aforesaid Stat. Sect. 5. Sending relief to any Jesuit Priest or other person abiding in a Seminary If any person under her Maiesties Subjection or obedience shall at any time after the end of the said forty days by way of Exchange or by any other shift way or means whatsoever wittingly and willingly either directly or indirectly convey deliver or send or cause or procure to be conveyed or delivered to be sent over the Seas or out of this Realm or out of any other her Majesties Dominions or Territories into any Forreign parts or shall otherwise wittingly and willingly yield give or contribute any money or other relief to or for any Iesuit Seminary Priest or such other Priest Deacon or Religious or Ecclesiastical person as is aforesaid or to or for the maintenance or relief of any Colledge of Iesuits or Seminary already erected or ordained or hereafter to be erected or ordained in any the parts beyond the Seas or out of this Realm in any forreign parts or of any person then being of or in any the same Colledges or Seminaries and not returned into this Realm with submission as in this Act is expressed and tontinuing in the same Realm That then every such person so offending for the same offence shall incur the danger and penalty of Praemunire mentioned in the Statute of Praemunire made in the sixteenth year of the Reign of King Richard the Second Convey Deliver Conveying or delivering relief to a Jesuite c. So that he who is barely a Messenger or Instrument to convey or deliver such money or other relief is within the danger of this Law as well as the sender or giver Then being of or in the same Colledges or Seminaries To what persons this extends to what not This Clause extends not to every person brought up in such Colledge or Seminary as Wingate tit Crowne n. 54. mistakes For if such person afterwards quits his Colledge or Seminary and hath no longer any relation thereunto but abides elsewhere beyond the Seas he who gives or conveys relief or maintenance to him is not within this branch of the Statute because the person relieved or maintained is not then of or in any Colledge or Seminary And yet perhaps this may be an offence within the Statute of 3 Car. 1. Stat. 3 Car. 1. 2 cap. 2. quod vide postea Stat. Sect. 6. None shall send his Child or other beyond the Seas without licence And be it further Enacted by the Authority aforesaid That it shall not be lawful for any person of or under her Highness obedience at any time after the said forty days during her Majesties life which God long preserve to send his or her Child other person being under his or her Government into any the parts beyond the Seas out of her Highness obedience without the special Licence of her Majesty or of four of her Highness Privy Councel under their hands in that behalf first had or obtained except Merchants for such only as they or any of them shall send over the Seas only for or about his her or their Trade of Merchandize or to serve as Mariners and not otherwise upon pain to forfeit and lose for every such their offence the sum of One hundred pounds Where the Offences committed against this Act shall be inquired of and determined And be it also Enacted by the Authority aforesaid That every offence to be committed or done against the tenor of this Act shall and may be enquired of heard and determined as well in the Court commonly called the Kings-Bench in the County where the same Court shall for the time be as also in any other County within this Realm or any other her Highness Dominions where the offence is or shall be committed or where the Offendor shall be apprehended and taken Transporting of Jesuits Priests c. Provided also and be it Enacted by the Authority aforesaid That it shall and may be lawful for and to every Owner and Master of any Ship Bark or Boat at any time within the said forty days or other time before limited for their departure to Transport into any the parts beyond the Seas any such Iesuit Seminary Priest or other such Priest aforesaid so as the same Iesuit Seminary Priest or other Priest aforesaid so to be Transported do deliver unto the Mayor or other Chief Officer of the Town Port or Place where he shall be taken in to be transported his Name and in what Place he received such Order and how long he hath remained in this Realm or in any other her Highness Dominions being under her Obedience Stat. Sect. 7. A Jesuit or Priest submitting himself taking the oath and obeying the Laws Provided also That this Act or any thing therein contained shall not in any wise extend to any such Iesuit Seminary Priest or other such Priest Deacon or Religious or Ecclesiastical person as is before mentioned as shall at any time within the said forty days or within threé days after that he shall hereafter come into this Realm or any other her Highness Dominions submit himself to some Archbishop or Bishop of this Realm or to some Iustice of Peace within the County where he shall arrive or Land and do thereupon truly and sincerely before the same Archbishop Bishop or such Iustice of Peace take the said Oath set forth in Anno primo and by writing under his hand confess and acknowledge and from thenceforth continue his due obedience unto her Highness Laws Statutes and Ordinances made and provided or to be made or provided in Causes of Religion Continue his due Obedience The person submitting must continue his obedience The taking of the Oath by such Jesuit Priest or other Ecclesiastical person and his acknowledgment of his due obedience doth not exempt him from the danger of this Law as Wingate mistakes tit Crowne numb 57. but he must continue his due obedience to the Laws made in Cases of Religion And this seems to be clearly the meaning of the makers of this Law so that if afterwards he shew his disobedience to any of those Laws by forbearing to come to Church c. he may be indicted as a Traitor for coming into the Realm as if he had never made any such submission and acknowledgment Vnto her Highness Laws That is Where King or Queen includes successors the Laws of her and her Successors and not only those which were made in her own time but such likewise as should be made afterwards For in Acts of Parliament King or Queen if a Sovereign includes Successors unless there be express words of restraint to that individual person Plowden 176. Hill versus Grange Co. 6. 27. Cases de Soldiers Co. 12. 109. Co. 1. Inst 9. 2. Inst 742. 3. Inst 6. 4. Inst. 352. And so it is of the Kings Grants if in his politick capacity for there his Successor shall be charged though the Grant mention neither
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
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
singular persons which shall offend within any their Iurisdictions or Diocess after the said Feast of the Nativity of St. John Baptist next coming against this Act and Statute Any other Law Statute Priviledge Liberty or Provision heretofore made had or suffered to the contrary notwithstanding Not necessary to go to the Parish Church The Ordinary or Ecclesiastical Judge cannot legally punish any man for not coming to the Church of that Parish where he inhabits if he goes to any other although he shews not any reasonable Lett. For it shall be a good Plea for the party to say that that is not his Parish Church but that he had used to frequent another Church and did resort thereunto And if the Ecclesiastical Court will not receive this plea the party shall have a Prohibition Prohibition For the Spiritual Court hath no power to judge what shall be said to be a mans Parish Church And so it was resolved by the whole Court of Kings-Bench Trin. 9. Jac. Bulstrode 1. 159. Nor can the Spiritual Court try the limits or bounds of Parishes but they shall be tried by the Common Law Co. 13. 17. Stat. Sect. 10. What Justices may punish these Offences And it is ordained and enacted by the Authority aforesaid That all and every Iustices of Oyer and Determiner or Iustices of Assize shall have full Power and Authority in every of their open and general Sessions to enquire hear and determine all and all manner of Offences that shall be committed or done contrary to any Article contained in this present Act within the limits of the Commission to them directed and to make process for the execution of the same as they may do against any person being indicted before them of Trespass or lawfully convicted thereof Provided always and be it enacted by the Authority aforesaid A Bishop may joyn with the Justices to enquire of Offenders That all and every Archbishop and Bishop shall or may at all time and times at his liberty and pleasure joyn and associate himself by vertue of this Act to the said Iustices of Oyer and Determiner or to the said Iustices of Assize at every of the said open and general Sessions to be holden in any place within his Diocess for and to the enquiry hearing and determining of the Offences aforesaid Provided also and be it enacted by the Authority aforesaid At whose charges the Book of Common Prayer shall be gotten That the Books concerning the said Services shall at the Costs and Charges of the Parishioners of every Parish and Cathedral Church be attained and gotten before the said Feast of the Nativity of St. John Baptist next following and that all such Parishes and Cathedral Churches or other places where the said Books shall be attained and gotten before the said Feast of the Nativity of St. John Baptist shall within thrée weeks next after the said Books so attained and gotten use the said Service and put the same in ure according to this Act. And be it further enacted by the Authority aforesaid Within what time the Offenders shall be impeached That no person or persons shall be at any time hereafter Impeached or otherwise molested of or for any the Offences above-mentioned hereafter to be committed or done contrary to this Act unless he or they so offending be thereof Indicted at the next general Sessions to be holden before any such Iustices of Oyer and Determiner or Iustices of Assize next after any Offence committed or done contrary to the tenour of this Act. Provided always Trial of Peers and be it ordained and enacted by the Authority aforesaid That all and singular Lords of the Parliament for the third Offence above-mentioned shall be tried by their Peers Provided also Stat. Sect. 11. Chief Officers of Cities and Boroughs shall enquire of Offenders and be it ordained and enacted by the Authority aforesaid That the Mayor of London and all other Mayors Bayliffs and other head Officers of all and singular Cities Boroughs and Towns Corporate within this Realm Wales and the Marches of the same to the which Iustices of Assize do not commonly repair shall have full Power and Authority by virtue of this Act to enquire hear and determine the Offences aforesaid and every of them yearly within fifteen days after the Feast of Easter and St. Michael the Archangel in like manner and form as Iustices of Assize and Oyer and Determiner may do These words In like manner and form appoint in what manner the Offences shall be enquired of Mayors and Head Officers of Corporations heard and determined by Mayors and Head Officers of Corporations c. by Indictment for so much enquire imports and Trial and Verdict of twelve men or such other Legal proceedings upon the said Indictment as are used by the Justices of Oyer and Determiner and Assizes in their general Sessions For the Mayor or Head Officer is not left by this Act to his own Arbitrary Will or Discretion in the hearing and determining the Offence but must proceed according to the rules and forms of Law in the Conviction of the Offender And the Statute saith To which Justices of Assize do not commonly repair So that the Mayor or Head Officer of such places were only intended in the lieu and room of Justices of Assize and are therefore to proceed by the same Rules as they do in the Counties at large Within what time to proceed But these words extend not to the point of time limited for Indicting such Offender nor are Mayors and Head Officers tied to their next Sessions as the Justices of Oyer and Determiner and of Assize are as Wingate tit Service and Sacraments numb 26. mistakes the meaning of the Statute For in like manner and form is intended in such respects only where 't is not otherwise provided for by the Statute But 't is expresly provided here that Mayors and Head Officers of Corporations shall enquire of these Offences only twice in the year viz. within fifteen days after Easter and Michaelmas and not at their next general Sessions unless it happen to be the Sessions after one of those two Feasts To whom the Bishop cannot associate himself Nor can the Archbishop or Bishop associate himself in this Case to any Mayor or Head Officer of a Corporation as Wingate tit Service and Sacraments number 25. mistakes Stat. Sect. 12. The Ordinaries Jurisdiction in these Cases Provided always and be it ordained and enacted by the Authority aforesaid That all and singular Archbishops and Bishops and every of their Chancellors Commissaries Archdeacons and other Ordinaries having any peculiar Ecclesiastical Iurisdiction shall have full Power and Authority by virtue of this Act as well to enquire in their Visitation Synods and elsewhere within their Iurisdiction at any other time and place to take Accusations and Informations of all and every the things above-mentioned done committed or perpetrated within the limits of
Verdict pass against him these are Convictions in Law but yet by these Convictions he forfeits nothing until Judgment nor shall the penalty of 20 l. per month run on or be appropriated to the King until Judgment be given By Convicted therefore is here to be understood convicted by Proclamation and Default or convicted by Verdict Confession c. and adjudged for so the word is here to be taken viz. for adjudged or attainted unless it be in Case of Conviction upon Proclamation And in such a sense it is to be taken in divers other Cases Stat. 23 Eliz. 1 Vide Stat. 23 Eliz. cap. 1. Sect. 5. When the 20 l per month is to be paid In such of the Terms of Easter or Michaelmas That is the Term of Easter or Michaelmas which shall first happen and not the next Easter and Michaelmas Terms both For the Recusant ought to pay the whole penalty for the time contained in the Indictment in the very first of those Terms next after his Conviction See for this Stat. 3 Jac. 4. Stat. 3 Jac. 4. Sect. 6. From what time the said penalty shall run on Stat. 23 Eliz. 1. 3 Jac. 4. For every month after such Conviction For what time the penalty of 20 l. per month shall run on after the Recusant is indicted and convicted and in what Cases the Informer and all others but the King shall be barred after such Conviction Vide Stat. 23 Eliz. cap. 1. antea Stat. 3 Jac. cap. 4. Sect. 6. postea Office Take seize and enjoy But as to Lands and Tenements there must first be an Office found for the King for regularly before the finding of such Office Lands or Tenements cannot be seized into the Kings hands Co. 2. Inst 573. Co. 8. 169. Paris Stoughters Case Bro. tit Office 17. 55. Plowden 486. Nicholls Case By this Statute the Queen was to have and enjoy two parts of the Recusants Lands and Hereditaments nomine poenae or districtionis The two parts not satisfactory of the twenty pounds per month until he had in some other manner satisfied her of the whole forfeiture of the Twenty pounds per month incurred for his Recusancy And the profits of those two parts should not have been accompted to go to the payment of any part of the said debt or forfeiture For the Statute inflicted this forfeiture upon him meerly as a farther penalty for his neglect of payment of the Twenty pounds per month as was resolved by the two Chief Justices and Chief Baron Trin. 43 Eliz. in Gages Case Cro. Eliz. 845. 846. and by all the Judges The Law now altered in that point 3 Jac. at Russell House Jones 24. Standen versus Vniversity d'Oxon Whitton But now the Law is altered in this point by the Statute of 1 Jac. cap. 4. Vide the Stat. infra Sect. 4. Stat. 1 Jac. 4 All the goods A Recusant is Indicted and Convicted Recusants goods when forfeited and then fails of payment of the Twenty pounds per month yet his goods are not forfeited to the King by this Statute before seizure For the King hath his Election whether he will seize them or no. By Coke Chief Justice B. R. 12. Jac. Rolles 1. 7. C. 8. Cullom versus Sherman A Recusant lends money Recognizance forfeited and for security hath a Rent-charge granted him in Fee by Deed indented with condition of redemption and takes likewise a Recognizance for performance of Covenants in the said Indenture The Recognizance is forfeited and afterwards he is Indicted and Convicted of Recusancy and fails of payment of the Twenty pounds per month In this case the King shall have the Recognizance by force of this Act for when forfeited to the Recusant it is but a chattel personal What is given to the King by this word Goods and shall pass to the King by this word goods For in an Act of Parliament where the Offenders goods are given to the King all debts and personal Chattels and Actions are thereby given him as well as goods in possession And here in this Act as take and seize refer to two parts of the Recusants Lands and Tenements so enjoy refers to goods And the King shall enjoy the debt due by the Recognizance Nor doth it alter the Case for that the Recognizance was acknowledged for performance of Covenants in an Indenture concerning a Rent-charge in fee which seems to savour of the realty for it was originally for the loan and forbearance of money which is personal Co. 12. 1. 2. Ford and Sheldons Case If a man who is a Recusant take such a Recognizance in the name of another Recognizance taken in anothers name forfeited the King upon his Conviction shall have the Recognizance for when the Recusant was such at the time of taking the Recognizance and so continued until the time of his Conviction it shall be intended that it was done by Covin and that he took it in the name of another with an intent to prevent the King of the levying of the forfeiture and such Covin shall not bar the King Co. 12. 2. 3. the same Case The Kings grant If a Recognizance or Obligation be forfeited to the King by force of this Act he may grant it over as he may any other Chattel in Action under his private Seal Rolles 1. 7. C. 8. Cullom versus Sherman Hereditaments Rent Advowson in gross Hereditaments A Rent of Inheritance and an Advowson in gross are comprehended under this word But whether the King may seize such an Advowson as part of his two parts and present by vertue thereof since the Stat. of 3 Jac. c. 5. which gives the Presentation to the Universities Stat. 3 Jac. 5 Vide that Stat. infra Sect. 19. All other the Lands Tenements and Hereditaments liable to such seisure or to the penalties aforesaid It hath been much disputed whether Copyhold Lands are within this Branch of the Statute Copyhold Lands if seizable for regularly in Acts of Parliament which are Enacted for forfeiture of Lands Tenements and Hereditaments Copyholds shall not be forfeited but only Lands Tenements and Hereditaments which are such at the Common Law and not those which are such by custom only as Copyholds are And it was agreed in Heydons Case Co. 3. 8. That where an Act of Parliament alters the service or tenure or other thing in prejudice of the Lord there general words in the Act shall not extend to Copyholds Vide Savile 67. C. 138. And if the King should seize them by force of the general words here viz. Lands Tenements and Hereditaments the Lord would during the time they are in the Kings hands lose his Seigniory Customs and Services But yet it was held by Manwood Chief Baron and Baron Clark in the Case of Sulherd and Everet Mich. 30 Eliz. That Copyholds are within this Act and although Manwood seemed to grant that they are not within
it directly by express words yet they both conceived they were within the intent of the Act by reason as Manwood said of these words all other the Lands c. liable to such seizure or to the penalties aforesaid But it was granted on all hands that by these general words here the King hath not any estate given him in the Recusants Copyhold Lands but only a right or title to two thirds of the profits By the Kings receiving of which the Lord cannot be impeached of his Customs and Services as he would be if the King should seize the Land it self And a difference was there taken between an Act of Parliament which transfers an Estate to the King and an Act of Parliament which gives him only the profits of the Estate For in the first Case the Rule in Heydons Case that Copyhold Lands shall not pass by general words shall stand good for the prejudice that may otherwise accrew to the Lord But where the Lords Seigniory Customs and Services are not to be Impeached or taken away as here they will not by the Kings bare receiving of the profits there it was said Copyholds shall be included within the general words of Lands Tenements and Hereditaments Leonard 1. 97. C. 126. And yet Vide Owen 37. where this Case is otherwise reported and that it was at length after great debate adjudged that Copyhold Lands are not within this Statute nor are seizable for the Kings two parts And according to this Judgment I take the modern practice of the Exchequer to have been that neither the Land it self nor the profits of Copyhold Lands are liable to such seizure And for the more spéedy conviction of such Offender Stat. Sect. 5. The Indictment sufficient though it be not mentioned that the party is within the Realm in not repairing to Divine Service but forbearing the same contrary to the said Estatute Be it Enacted by the Authority aforesaid That the Indictment of every such Offender mentioning the not coming of such Offender to the Church of the Parish where such person at any time before such Indictment was or did keép House or Residence nor to any other Church Chappel or usual place of Common Prayer shall be sufficient in the Law And that it shall not be neédful to mention in any such Indictment that the party Offender was or is inhabiting within this Realm of England or any other the Queens Majestis Dominions But if it shall happen any such Offender then not to be within this Realm or other her Majesties Dominions that in such case the party shall be relieved by Plea to be put in in that behalf and not otherwise And that upon the Indictment of such Offender Stat. Sect. 6. A Proclamation that the party Indicted shall render his Body to the Sheriff a Proclamation shall be made at the same Assizes or Goal delivery in which the Indictment shall be taken if the same be taken at any Assize or Goal delivery by which it shall be commanded that the body of such Offender shall de rendred to the Sheriff of the same County before the said next Assizes or general Goal delivery to be holden in the same County And if at the said next Assizes or Goal delivery the same Offender so proclaimed shall not make appearance of Record that then upon such default Recorded the same shall be as sufficient a conviction in Law of the said Offence whereof the party so standeth Indicted as is aforesaid as if upon the same Indictment a Trial by Verdict thereupon had proceeded and been recorded If the same be taken at any Assize or Goal delivery For if the Indictment had been taken before Justices of Peace Proclamation by whom to be made no Proclamation thereupon could have been made upon this Statute by the Justices of Assize or Goal delivery as was resolved in the Case of Edward Plowden And therefore upon such an Indictment for Recusancy taken before Justices of Peace the Court was to remove the Indictment into the Kings-Bench And there process might have been made out against the Recusant and he convicted For the Justices of Peace could do no more then Indict all other proceedings being taken away from them by this Statute Co. 11. 63. Dr. Fosters Case Rolles 1. 94. C. 41. the same Case But now by the Statute of 3 Jac. cap. 4. the Law is altered in this point Stat. 3 Jac. 4. and the Justices of Peace upon Indictments taken before them may proceed to proclaim and convict the Recusant as well as Justices of Assize and Goal delivery Shall be rendred to the Sheriff Vide Stat. 3 Jac. cap. 4. Sect. 5. Before the said next Assizes or general Gaol delivery Vide Stat. 3 Jac. cap. 4. Sect. 5. Appearance Make appearance of Record What appearance will serve in this Case Vide Stat. 3 Jac. cap. 4. Sect. 5. Vpon such default That is upon his default of appearance of Record at the next Assizes or Goal delivery For if he makes such appearance Default saved that shall save his default of not rendring his Body to the Sheriff and the not rendring himself to the Sheriff shall be no conviction as Wingate would make it to be Tit. Crowne numb 66. As sufficient a Conviction in Law That is as if he were convicted by Verdict Conviction upon Proclamation no Judgment but not as sufficient as if a Judgment were had against the Recusant For although by force of this and other Statutes the conviction upon Proclamation and default of appearance make the Recusant liable to divers penalties and incapacities and is in those respects as forceable as a Judgment yet it shall not in other Cases have the force or effect of a Judgment And therefore it was resolved 37 38 Eliz. in the Case of the general pardon Anno 35 Eliz. where there is an exception of all penalties and forfeitures due to the Queen and converted to a debt by Judgment that notwithstanding that exception a Recusant convicted upon Proclamation was within the pardon and the forfeitures due upon such conviction were thereby pardoned For the debt was not due to the Queen by Judgment but upon conviction only But otherwise it had been if he had been convicted according to the Statute of 23 Eliz. cap. 1. Stat. 23 Eliz. 1 without Proclamation and Judgment had been given thereupon Vide Co. 11. 65. Dr. Fosters Case Stat. Sect. 7. Provided always That whensoever any such Offender as is aforesaid shall make submission and become conformable according to the form limited by the same Estatute made in the thrée and twentieth year of the Quéens Majesties Reign The Offender submitting or dying no forfeiture shall ensue or be continued or shall fortune to die that then no forfeiture of twenty pounds for any month or seizure of the Lands of the same Offender from and after such Submission and Conformity or Death and full satisfaction of all
enlarged of such Imprisonment or Restraint and shall be able to Travel repair to their place of dwelling where they usually heretofore made their common abode and shall not at any time after pass or remove above five miles from thence Stat. Sect. 2. Or to be convicted shall repair to his usual dwelling and not remove above five miles And also That every person being above the age of sixtéen years born within any her Majesties Realms or Dominions or made Denizen and having or which hereafter shall have any certain place of dwelling and abode within this Realm which being then a Popish Recusant shall at any time hereafter be lawfully convicted for not repairing to some Church Chappel or usual place of Common Prayer to hear Divine Service there but forbearing the same contrary to the said Laws and Statutes and being within this Realm at the time that they shall be convicted shall within forty days next after the same Conviction if they be not restrained or stayed by Imprisonment or otherwise as is aforesaid and in such Cases of restraint and stay then within twenty days next after they shall be enlarged of such Imprisonment or Restraint and shall be able to Travel repair to their place of usual dwelling and abode and shall not at any time after pass or remove above five miles from thence The punishment of an Offender upon pain that every person and persons that shall offend against the tenor and intent of this Act in any thing before mentioned shall lose and forfeit all his and their Goods and Chattels and shall also lose and forfeit to the Quéens Majesty all the Lands Tenements and Hereditaments and all the Rents and Annuities of every such person so doing or offending during the Life of the same Offender What Popish Recusants are not within this Act Born within any her Majesties Realms or Dominions or made Denizen So that all Popish Recusants are not within this Branch as Wingate tit Crown n. 78. mistakes For it extends not to an Alien who is born out of the Kings Leigeance unless he be made Denizen And which are In the late Additions to Dalton cap. 81. tit Recusants Sect. 14. this Clause is restrained to such as are born in England but it is clear that it extends to all the Kings natural Subjects if they live in England although they were born in Ireland or any other of the late Queens Dominions besides England Denizen who By Denizen is here to be understood an Alien who owes to the King an acquired Subjection or Allegiance whether he be made Denizen by the Kings Letters Patents or be naturalized by Act of Parliament For Naturalization includes all the priviledges of a Denizen and something more and every one who is naturalized is thereby made a Denizen although he that is made a Denizen by the Kings Letters Patents is not thereby naturalized Which being then a Popish Recusant This is the first penal Statute which was made against Popish Recusants by that name and as distinguished from other Recusants In the late Additions to Dalton cap. 81. tit Recusants Sect. 7. What is Recusancy it 's said That the matter of Recusancy stands in two particulars First absenting from the Church Secondly refusing the Oaths prescribed by 1 Eliz. 1. and 3 Jac. 4. Stat. 1 Eliz 1. 3 Jac. 4. But this description of Recusancy is either too narrow or too large For if the word Recusancy be taken in a large sense then the refusing to receive the Sacrament contrary to the Statute of 3 Jac. 4. by him that conforms and comes to Church may be as fitly called a point of Recusancy as the refusing the Oaths of Supremacy or Allegiance But if Recusancy be taken in a strict and proper sense then it extends only to the point of not coming to Church and not to refusing the Oaths of Supremacy or Allegiance And in this last sense are all the Statutes to be understood which inflict any penalty or disability upon a Recusant or a Popish Recusant unless where the not receiving of the Sacrament is particularly mentioned And this appears by the explanation which the Statutes make every where of Conformity the opposite to Recusancy viz. repairing to Church What is Conformity and more particularly the said Statute of 3 Jac. 4. which saith That the Popish Recusant convicted which conforms himself and repairs to the Church shall receive the Sacrament which words and repairs to the Church are explanatory of the former viz. which conforms himself so that this Conformity is not intended of taking the Oaths of Supremacy or Allegiance but consists only in repairing to Church and consequently Recusancy its opposite properly so called consists in absenting from Church And this appears further by that Branch of the said Statute of 3 Jac. cap. 4. which relates to the Oath of Allegiance where 't is said That the Oath shall be required of him who confesseth or denieth not himself to be a Recusant or that he hath not received the Sacrament where Recusant cannot be understood in any other sense then of him who forbears to come to Church An Information or Indictment against a Popish Recusant Information or Indictment against a Popish Recusant for Recusancy is of the same form with that against any other Recusant viz. That he came not to his Parish Church or any other Church Chappel or usual place of Common Prayer but forbore the same by the space of c. Vide Co. lib. intr 569. Co. 11. 56. Dr. Fosters Case so that upon his Conviction for Recusancy it doth not appear of Record whether the Offender be a Popish or other Recusant And therefore where this or any of the subsequent Statutes commands or prohibits a Popish Recusant convict to do a thing and a person convicted of Recusancy who is a Popish Recusant be Indicted thereupon his Conviction must be set forth in the Indictment with this or the like confusion Per quod praedict A.B. devenit Papalis Recusans convictus so it is if a Popish Recusant Convict be incapacitated to take or to give or dispose of any thing and another person be substituted by the Statute in his stead as in the Case of a Presentation by force of the Statute of 3 Jac. cap. 5. Stat. 3 Jac. 5. in a Quare Impedit Quare Impedit brought by the Chancellor and Schollars of the University His Conviction must be be set forth with an averment that he is Papalis Recusans Vide Co. 10. 54. And if a Popish Recusant whether convicted or not convicted be so commanded prohibited or incapacitated in an Indictment or Information upon the Statute it must be averred that he is Papalis Recusans A person who hath a certain place of abode is convicted for not coming to Church What Popish Recusants are not within this Act. and afterwards becomes a Papist being none before It seems that he is not restrained
lieu of the Twenty pounds per month And therefore the Resolution or Judgment said to be given in the Case of one Gray Anno 1. or 2. Jac. and cited in Beckets Case 8 Jac. Lane 93. and by Sergeant Bridgman in his Argument of Parker and Webbs Case 16 Jac. Rolles 2. 25. and applied thereunto viz. That if a Recusant convicted fails of the payment of the Twenty pounds per month the King shall have his Lands as a gage or penalty and the profits shall not go towards satisfaction thereof However it were true as the Law stood upon 29 Eliz. and before the making of this Act of 1 Jac. yet 't is not Law at this day nor could be applicable to either of those Cases of Becket or Parker and Webb which came to be debated long after this Act was made and the Law of 29 Eliz. altered in that point Vide Stat. 29 Eliz. cap. 6. Sect. 7. Where any such seizure shall be had c. This Relative such takes in both the seizures beforementioned viz. a seizure upon Indictment and Judgment thereupon by force of the Statute of 23 Eliz. and a seizure upon Conviction on Proclamation and default according to the Statute of 29 Eliz. And What seizure is here meant Stat. 23 Eliz 1 29 Eliz. â— as in both those Cases the Recusant who fails of the payment of the Twenty pounds per month shall have the benefit to discount the profits received by the King so the King shall in the like Cases of seizure retain the two parts in his hands after the Recusants death until the residue of the Debt or Duty due and payable to the King be satisfied Where this extends not to Intailed Lands Two parts of the Lands c. of any such Recusant This Clause extends not to Intailed Lands unless where there is a Judgment for the King against the Ancestor for his Recusancy And therefore if the Recusant convicted upon Proclamation and default be Tenant in Tail and two parts of his Lands be seized in his Life time for non-payment of the Twenty pounds per month and he die the arrears not being satisfied to the King yet the heir in Tail shall have the Land out of the Kings hands without payment of the arrears For that such Conviction is in the nature of a Verdict only Conviction upon Proclamation no Judgment and not of a Judgment as was held in Doctor Fosters Case Rolles 1.94 C. 41. And where a Statute gives to the King a seizure or forfeiture of Lands it shall not be intended of Lands in Tail unless it be expresly so appointed by the Statute or by force of some other Statute cooperating therewith In which Case the Intailed Lands may be charged by general words in the Statute which gives the forteiture or seizure An instance whereof we have in the Case of a Recusant Tenant in Tail Indicted Stat. 23 Eliz. 1 Convicted and Adjudged upon 23 Eliz. 1. for his Intailed Lands shall remain after his death in the Kings possession until the arrears be satisfied 29 Eliz. 6 33 H. 8. 39 and that by force of 29 Eliz. c. 6. and this Statute cooperating with the Statute of 33 H. 8. cap. 39. which charges the Lands of the heir in Tail with debts due to the King upon a Judgment had against the Ancestor Praemunire Stat. 16 R. 2. 5 But otherwise 't is in the Case of a Praemunire upon the Statute of 16 R. 2. cap. 5. which saith the Lands and Tenements of the Offender shall be forfeit to the King for there his Intailed Lands shall be forfeit during his life only And the reason is for that general words in an Act of Parliament unless aided by some other Act of Parliament shall never take away the force of the Statute de donis conditionalibus Co. 1. Inst. 130. 391. Co. 11.63 Godbolt 308. Lord Sheffeild and Ratcliffe Treason Stat. 26 H. 8. 13 5 E. 6. 11 And therefore in the Statutes of 26 H. 8. cap. 13. and 5 E. 6. cap. 11. which make Intailed Lands forfeitable for Treason the word inheritance was added any Estate of Inheritance which expresly denotes Lands in Fee Tail as well as Feesimple Now there being neither in this Act or that of 29 Eliz. any express appointment that the two parts of all Lands seized in the Recusants life time wherein he had any Estate of Inheritance shall after his death continue in the Kings possession nor no other Statute which charges the heir in Tail with the forfeiture due to the King upon Conviction by Proclamation and Default the general words here that his Lands Tenements c. shall continue in the Kings possession shall not inforce a construction in prejudice of the Heir in Tail who claims by the Statute de donis conditionalibus but where there is no Judgment the Recusants Fee simple Lands shall after his death satisfie the intent of these Statutes And so was the Law in reference to intailed Lands upon the Statute of 29 Eliz. cap. 6. which speaks of the full satisfaction of Arrearages in Case of the death of the Recusant Arrears where to be paid by the Heir in Tail where not And the Arrears were to have been paid by the Heir in Tail only in such Case where there was a Judgment obtained by the King against the Ancestor for his Recusancy but not where the Ancestor Tenant in Tail was convicted only upon Proclamation and default for in this last Case the Heir in Tail was not bound by the Statute of 33 H. 8. cap. 39. because 't is not a Debt by Judgment as that Statute requires Moore 523. C. 691. And thus the Opinion of the two Chief Justices Trin. 43 Eliz. is to be understood for they held That if intailed Lands had been seized for non-payment of the 20 l. per month and the Tenant in Tail had died the issue in Tail should not have had the Land out of the Queens hands before the Debt were satisfied but should have been charged with the said Debt Cro. Eliz. 846. At the end of which Case is added a Dubitatur But yet the Opinion there held stands good if it be intended only of a Conviction of the Ancestor by Judgment upon Trial or Confession and not of a Conviction upon Proclamation and default And be it further Enacted by the Authority of this present Parliament Stat. Sect. 2. None shall go or send any other to a Seminary c. That all and every person and persons under the Kings Obedience which at any time after the end of this Session of Parliament shall pass or go or shall send or cause to be sent any Child or any other person under their or any of their Government into any the parts beyond the Seas out of the Kings Obedience to the intent to enter into or be resident in any Colledge Seminary or House of Iesuits Priests or any other Popish Order
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
resembles the Case of 9 10 Eliz. in the Court of Wards cited in the Case of the Chancellor c. of the University of Oxford Co. 10. 57. Tenant in Capite makes a Feoffment to the intent to deceive his Creditors And this fraudulent intent was found quod nulla alia Causa aut Collusio viz. ad defraudandam Reginam c. de custodia haeredum vel terrarum c. There it was resolved That although in truth by the event the Queen was by the Feotfment defrauded of the Wardship of the Body and Lands of the Heir yet because the fraud was found only to one particular intent scil to deceive Creditors it should not be extended to another intent scil to defeat the Queen of her Wardship A man seized inter alia of an Advowson in gross Where the King shall Present becomes a Popish Recusant Convict The King seizes the Advowson as part of his two parts The Church becomes void In this Case it was held by Justice Hutton That the University and not the King shall Present But Justice Jones held strongly to the contrary and that notwithstanding this Act the King shall have the Presentation Stat. 3 Jac. 4. For the Statute of 3 Jac. cap. 4. saith That the King may take and seize two third parts of a Recusants Hereditaments under which word an Advowson is comprehended And although the power or liberty of Presenting is here given the University yet that is to be intended only in such Cases where a Popish Recusant Convict is Patron But when the King hath seized the Advowson as part of his two parts the King is Patron and not the Recusant nor shall the Title the King hath to the Advowson by the Act of 3 Jac. 4. be devested by another Act of Parliament unless it had been there given away from the King in express terms And Hobart Chief Justice and Winch Justice declared they were of the same Opinion with Jones in the main point Jones 17. c. Standen al' versus University d' Oxon Whitton Obj. To this it hath been objected That when this Statute disables the Recusant to grant any Avoidance it disables him to grant it to the King as well as to any other person But if the Recusant may forfeit the Advowson to the King he may forfeit the Avoidance to the King And every forfeiture being a Grant or Gift in Law as is held in Hales Case Plowden 260 263. the Recusant by consequence may grant the Avoidance contrary to the express Letter of this Act Answ But to pass by the questions whether by the Recusants being disabled to grant any Avoidance generally he is disabled to grant an Avoidance to the King or whether the forfeiture of the two thirds by the Recusant can be properly called a Grant or Gift from the Recusant and not rather from the Law which creates the forfeiture It s enough for our purpose here to distinguish between voluntary Acts and Acts by compulsion For this Statute which disables the Recusant to Present or to grant any Avoidance was intended only to restrain his voluntary Acts But when he forfeits the Avoidance to the King although the offence viz. his Recusancy be voluntary yet the Conviction and Forfeiture thereupon are involuntary And the Recusant is therein potius patiens quam agens Jones 21. A Popish Recusant Convict seized in fee of an Advowson in gross is attainted of Felony or Praemunire Felony Praemunire and the Church becomes void In this Case Hutton held That the Interest which accrued to the University upon the Conviction for Recusancy should not be devested by the Attainder And that if a man seized of such an Advowson Statute Merchant acknowledge a Statute Merchant and afterwards becomes a Popish Recusant Convict and then the Statute is extended the Interest of the University shall not be devested by the extent But Jones seemed to be of a contrary Opinion in the Case of Treason or Praemunire Jones 20.26 If the King seize two parts of a Mannor belonging to a Popish Recusant Convict Advowson follows the Mannor for non-payment of the forfeiture of twenty pounds per month to which Mannor an Advowson is appendant The two parts of the Advowson shall follow the two parts of the Mannor and the King shall Present and not the University notwithstanding this Act For after such seizure the King is Patron of the Advowson and not the Recusant and in this Case the King shall present alone Hobart 126 127. The King shall Present alone Chancellor c. of Cambridge versus Walgrave al' Moore 872. C. 1214. the same Case As shall then have any other Benefice with Cure of Souls And not as is already beneficed as Wingate tit Crown numb 140. mistakes For a sine Cura is a Benefice Sint Cura and yet the University may Present or Nominate him who hath a sine cura A Donative of the Kings may be cum cura animarum Donative cum cura And so is the Church of the Tower of London Cro. Mich. 9. Car. Mackaller versus Todderick And the University cannot Present or Nominate him that hath such a Donative Notwithstanding what is said by Sir Edward Coke 3. Inst 355. Deanry Archdeaconry Prebend c. It seems that a Deanry Archdeaconry Prebend c. are not Benefices with Cure of Souls nor had they been comprehended under the name of Benefices with Cure of Souls within the Statute of 21 H. 8. Pluralities Stat. 21 H. 8. of Pluralities Although the special Proviso in that Act had been omitted For that Proviso is ex abundanti and there is no such to except them out of the Statute of 13 Eliz. cap. 12. Stat. 13 El. 12. of reading the Articles and yet if a Dean Archdeacon or Prebendary read not the Articles within the time limited by 13 Eliz. his promotion is not void by that Statute And the reason is because 't is not a Benefice with Cure of Souls The Opinion of Justice Tirrell at Lincoln Assizes in Lent 1668 9. Who in the Case of Dr. Sanderson denied the Archdeacon of Lincoln to be lawful Archdeacon For that he had not read the Articles within the time so limited and affirmed an Archdeaconry to be a Benefice with Cure within 13 Eliz. being contrary to Law and to the received meaning of that Statute And as for a Prebend the reason given for the Opinion in Bland and Maddox Case B. R. Mich. 29 30 Eliz. is expresly against what is said by Sir Edward Coke For it was there agreed that a Layman may be presented to a Prebend quia non habet curam animarum Cro. Eliz. 79. And for the same reason a Dean Archdeacon Prebendary c. may be in this Case presented or nominated by the University for their promotion is not a Benefice with Cure of Souls Stat. Sect. 21. Moreover because Recusants Convict are not thought
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
him who is in another County For the coercive Authority of a Justice of Peace Justice of Peace limited to his County cannot exceed his limits or bounds as is held in Plowden 37. in the Case of the Sheriffs of London And therefore in the Case of the Lord Say it was resolved that if a Justice of Peace of the County where the Felony was committed pursue a Felon into another County and take him there the Felon must be imprisoned in the County where he is taken and the Justice of Peace who pursued him hath no power to carry him to the Goal of the County where he did the Felony for he is a Prisoner in the County where he was taken and there the Justice of Peace hath no more to do then an ordinary person 13 E. 4. 8. Bro. Freshsuite 3. so that as it seems in this Case the party who keeps such Arms cannot be imprisoned by this Act But this likewise is Casus Omissus and not here provided for And yet nevertheless be it Enacted by the Authority aforesaid Stat. Sect. 25. A Popish Recusant shall maintain his Armor That notwithstanding the taking away of such Armor Gunpowder and Munition the said Popish Recusant shall and may be charged with the maintaining of the same and with the buying providing and maintaining of Horse and other Armor and Munition in such sort as other his Majesties Subjects from time to time shall be appointed and commanded according to their several Abilities and Qualities and that the said Armor and Munition at the Charge of such Popish Recusant for them and as their own provision of Armor and Munition shall be shewed at every Muster shew or use of Armor to be had or made within the said County Provided always That neither this Act Stat. Sect. 26. Ecclesiastical Censures 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 Commissioners of his Majesty his Heirs and Successors in Causes Ecclesiastical for the time being Archbishops Bishops and other Ecclesiastical Iudges may do and procéed as before the making of this Act they lawfully did or might have done Any thing in this Act to the contrary in any wise notwithstanding Stat. vii Jac. cap. ii An Act that all such as are to be Naturalized or restored in Blood shall first receive the Sacrament of the Lords Supper and the Oath of Allegiance and the Oath of Supremacy What they shall be bound unto who shall be Naturalized or restored in Blood FOrasmuch as the Naturalizing of Strangers and restoring to Blood persons Attainted have béen ever reputed matters of méer grace and favour which are not fit to be bestowed upon any others then such as are of the Religion now established in this Realm Be it therefore Enacted by the Kings most Excellent Majesty the Lords Spiritual and Temporal and the Commons in this present Parliament Assembled that no person or persons of what Quality Condition or Place whatsoever being of the age of Eightéen years or above shall be Naturalized or restored in Blood unless the said person or persons have received the Sacrament of the Lords Supper within one month before any Bill exhibited for that purpose and also shall take the Oath of Supremacy and the Oath of Allegiance in the Parliament House before his or her Bill be twice Read And for the better effecting of the premises Be it further Enacted by the Authority aforesaid That the Lord Chancellor of England or Lord Keeper of the Great Seal for the time being if the Bill begin in the Vpper House and the Speaker of the Commons House of Parliament for the time being if the Bill begin there shall have Authority at all times during the Session of Parliament to minister such Oath and Oaths and to such person and persons as by the true intent of this Statute is to be ministred This Act to take place from and after the end of this present Session of Parliament Stat. vii Jac. cap. vi An Act for Administring the Oath of Allegiance and Reformation of married Women Recusants WHereas by a Statute made in the Third year of your Majesties Reign intituled Stat. Sect. 1. an Act for the better discovering and repressing of Popish Recusants the form of an Oath to be ministred and given to certain persons in the same Act mentioned is limited and prescribed tending only to the Declaration of such Duty as every true and well affected Subject not only by bond of Allegiance but also by the commandment of Almighty God ought to bear to your Majesty your Heirs and Successors which Oath such as are infected with Popish superstition do oppugne with many false and unsound Arguments the just defence whereof your Majesty hath heretofore undertaken and worthily performed to the great contentment of all your loving Subjects notwithstanding the gainsayings of contentious Adversaries And to shew how greatly your Loyal Subjects do approve the said Oath they prostrate themselves at your Majesties Féet beséeching your Majesty that the same Oath may be administred to all your Subjects To which end we do with all humbleness beseech your Highness that it may be Enacted Every person above the age of 18 years herein intended shall take the Oath of Allegiance and before whom And be it Enacted by the Authority of this present Parliament That all and every person and persons as well Ecclesiastical as Temporal of what Estate Dignity Preheminence Sex Quality or Degrée soever he she or they be or shall be above the age of Eightéen years being in this Act mentioned and intended shall make take and receive a Corporal Oath upon the Evangelists according to the tenor and effect of the said Oath set forth in the forementioned Statute before such person or persons as hereafter in this Act is expressed That is to say All and every Archbishop and Bishop Archbishops and Bishops that now is or hereafter shall be before the Lord Chancellor or Lord Kéeper of the Great Seal for the time being Ecclesiastical Judges and Officers And all and every Ecclesiastical Iudge Officer and Minister of what Estate Dignity Preheminence or Degree soever he or they be or shall be before the Archbishop of the Province or Bishop or other Ordinary of the Diocess for the time being wherein such Ecclesiastical Iudge Officer or Minister ought to exercise his said Office Place or Function A Baron or Baroness or above that Degree Privy Counsellors Presidents And all and every person and persons of or above the Degree of a Baron of Parliament or Baroness of this your Highness Realm of England and all of your Highness Privy Counsel residing in London or Westminster or within thirty miles thereof and the Presidents of Wales and the North Parts before any four of your Highness Privy Counsel whereof the Lord Chancellor Lord Treasurer Lord Privy Seal
or principal Secretary for the time being to be one And if such person or persons live and reside in the Country distant above thirty miles from London then before the Lord Bishop of the Diocess or such other person or persons as the Lord Chancellor or Lord Kéeper of the Great Seal for the time being shall thereto by Writ of Dedimus potestatem Authorize The sworn Servants of the King Queen Prince c. And all and every the sworn Servants ordinary and extraordinary of your Highness the Quéens Grace or of the Houshold of the Prince of Wales and of the rest of your Highness Children before the Lord Steward the Lord Chamberlains and Vicechamberlains to your Highness and the Quéen the Treasurer and Controller of your Highness Houshold the Master of your Highness Horse the Dean of the Chappel and the Knight Marshal for the time being the Officers of the Gréen-cloth or any thrée of them Temporal Judges Ministers of Justices They which receive any Fée of the King All and every temporal Iudge Iustices of Peace Sheriffs Escheators Feodaries and other Officers and Ministers of Iustice in this present Act not specially mentioned and every other person or persons that doth or shall receive any Fée of your Highness your Heirs and Successors before the Lord Chancellor or Lord Kéeper of the Great Seal Lord Treasurer Lord Admiral Lord Warden of the Five Ports for the time being or one of them or before one of the Chief Iustices either of your Majesties Bench or of the Common Pleas or before Iustices of Assize of the same County where the parties reside or other such persons as the Lord Chancellor or Keeper of the Great Seal shall thereto Authorize Chief Officers of Cities and Towns Corporate And all Mayors Bailiffs or other chief Officers of Cities and Towns Corporate by what name soever they be called or known before such person or persons as usually administer the Oath to them at their first entrance into their said Offices And all and every the Knights Citizens Burgesses and Barons of the Five Ports of the Commons House of Parliament Stat. Sect. 2. Knights Citizens Burgesses and Barons of the Commons House of Parliament at any Parliament or Session of Parliament hereafter to be Assembled before he or they shall be permitted to enter into the said House before the Lord Steward for the time being or his Deputy or Deputies The King cannot dispence with any Member of the Commons House of Parliament from taking this Oath The Kings dispensation void For that he is here declared to be persona inhabilis until he take it Vaughan 355. Thomas and Sorrel's Case And the Master of the Ordnance Lieutenant of the Tower Stat. Sect. 3. Master of the Ordnance Lieutenant of the Tower c. of London and Mint-master there the four principal Officers of your Navy under the Lord Admiral before the Lord Chancellor or Lord Keeper of the Great Seal and the Lord Admiral for the time being or any of them And all the Officers Ministers Officers and Servants in the Tower Servants and others within your said Tower of London before the Lieutenant of the Tower And all the Vice-Admirals Captains Masters Officers Ministers and Souldiers in your Highness Ships or any of them before the said four principal Officers of your Navy or any two of them And all persons having charge of Castles Fortresses Captains of Castles and Souldiers Block-houses or Garrisons and all Captains who shall have Charge of Souldiers within this your Highness Realm before the Iustices of Assize of the same County or before two Iustices of the Peace of the same County City or Liberty where the same Castles Fortresses or Block-houses shall stand or the Charge of Souldiers shall be All Doctors Advocates and Proctors of the Civil Law Doctors Advocates and Proctors of the Civil Law and their Clerks before the Bishop of the Diocess where they shall for the most part dwell or reside And all and every person or persons Temporal that hereafter shall Sue Livery or Ouster le maine Suers of Livery and Ouster le maine out of the Hands of your Highness your Heirs or Successors before his or their Ouster le maine Sued forth and allowed before the Master of the Wards and Liveries or before the Surveyor and Attorney of your Highness said Court in open Court Sergeants at Law and the Judges Servants All the Sergeants at Law Servants to the Iudges in your Highness Courts at Westminster and all other in the Sergeants Inns before the Chief Iustice of your Majesties Bench the Chief Iustice of the Common Pleas and the Chief Baron of your Exchequer or some or one of them Gentlemen of the Inns of Court Principals and Treasurers of the Inns of Chancery All your Highness Subjects in the Inns of Court or that hereafter shall be admitted thereinto and the Principals and Treasurers of every Inn of Chancery before the Readers and Benchers of the several houses whereto they belong or four of them at the least in their open Halls All others of the Inns of Chancery All other your Majesties Subjects as well Ancients as other not being Principal or Treasurer that now are or hereafter shall be admitted into any Inn of Chancery before the Principal or Treasurer and Ancients of the several Inns of Chancery or four of them in their open Halls Prothonotaries Philizers Officers Attorneys Clerks All Prothonotaries Philizers Officers Ministers Attorneys and Clerks that now are or hereafter shall be admitted to write or practice in any of your Highness Courts at Westminster or in any other Court of Record before the Iudge or Iudges of the same Court Clerks and Officers of the Chancery All Clerks of the Chancery and all their under-clerks and all other Officers of the said Court of Chancery and their Clerks before the Master of the Rolls for the time being or before two of the Masters of the said Court of Chancery Parsons Vicars Curates persons in Orders Schoolmaster Usher All Parsons Vicars and Curats and all other persons Ecclesiastical taking Orders and all and every School-master or Vsher before the Bishop of the Diocess or other Ordinary in the same sitting in open Court The Vice-chancellors of both the Universities Heads of Colledges and Halls Proctors Beadles The Vice-Chancellors of both the Vniversities for the time being and the Presidents Wardens Provosts Masters of Colledges and Halls and all other Heads and Principals of Houses Proctors and Beadles of the Vniversities publickly in the Convocation before the Senior Masters there present Persons taking Degrees in School And all and every other persons whatsoever that is or shall be promoted to any Degrée in School before the Vice-Chancellor of the said Vniversity for the time being in the Congregation house Fellows and Schollers of Halls or Colledges All Fellows of Houses and all Schollers of Halls or
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
University 231 232 233. The King is Patron in that case 232 233. And shall present alone 172. 233. Difference between a Bond to the King and a Bond to the Kings use 182. Licences by the King 116. 139. 155. 206. 223. Dispensation by the King where void 44. 243. Fine and Imprisonment at the Kings pleasure by whom to be inflicted 97. Lapse see Notice Laws See Ecclesiastical Iurisdiction Statutes What is meant by the Kings or Queens Laws 95. The Ecclesiastical Laws are the Kings Laws 5 6. Ecclesiastical and Temporal Laws are to be administred distinctly 6. The Laws of Scotland or Ireland not obligative to England 189. Lease See Confirmation Trust Licence See Abjuration Bishop Councel Iustices of Peace King Schoolmaster What Licence a Popish Recusant may have to travel out of the compass of five miles and from whom 206. 208. To what Popish Recusants such Licence may be granted 206 207. What is a good Licence and what not 206. Where it may be granted without any particular cause shewed and where not 206 207 208. 210. Where it ought to be averred that the cause contained in the Licence is true 211. Where the Licence must be under hand and where under hand and seal both 206 207 208. Where there must be a person to assent as well as persons to Licence and where not 206 207 208 209 210. Where the Lieutenant or a Deputy Lieutenant may assent to such Licence and where not 206 208 209 210. They who Licence and he who assents must be all distinct persons 209. The Licence and Assent may be both in one writing 209. The person assenting must be resident in the County 209 210. Where the Recusant Licenced must take an Oath and what Oath and before whom and where not 206 207 208 210 211. Lieutenant see Licence Ligeance see Subjection London see Recusants Mayor see Corporations Mansion See Recusants Mansion-house what 173. Marriage see Baron Feme Marshalsie Is the ordinary Prison of the Court of Kings Bench 251. Masse Saying and hearing of Masse and the Penalties 24 25 26. 45. 59. 200 201. Miles How to be accounted 130 131. Minister See Common Prayer Ecclesiastical Persons Misprision of Treason 51. 59. Mittimus see Indictments Month. How to be accounted 13 14. 61. Mortgage see Chattels Mother See Administration Kin. Naturalization See Alien Naturalization is a Fiction in Law 185. It s effect 185. It includes Denization 128 129. What they ought to do who are to be naturalized 240. Natural King Natural King and natural Subject are Correlatives 185. Next of Kin see Kin Nobility See Councel Nobility by Birth is Character indelebilis 247. Nobility gotten by Marriage may be lost by marriage 198. 247. Where a Nobleman or Noblewoman may be committed to prison for refusing the Oath of Allegiance 250 251. Nomination See Recusants Vniversity The Presentment is in him who hath the right of Nomination to a Benefice 229. He is in effect the Patron and may have a Quare Impedit 228. Nonsuit See Informers King Notice Aiders or Relievers of an offender not punishable unless they had notice of the offence 17. Where a lapse will incur upon Deprivation without notice to the Patron 23. All men are bound to take notice of an Act of Parliament 23. To what cases only the clause in 13 Eliz. 12. of notice to the Patron extends 23. Number Pluralis numerus est duobus contentus 238. Oaths See Bishop Councel Indictments Iustices of Peace Nobility Oath of Abjuration see Abjuration and Coroner Oath of Supremacy 9. Called the Oath of Obedience 147. How to be expounded 43. Who must take it and before whom 8 10 11. 38 39 40. 43 44. 92. 95. 149. 186. 240. 261 262. 264. 266. The Penalties for refusing or neglecting to take it 9 10. 40. 42 43 44. 263. see Disability He that hath an Office of Inheritance if he refuse it and afterwards take it shall be restored 11. The penalty for not certifying the refusal of it 40. Where the party refusing it is to be tried 41. Where the Refusal of it upon the second tender is not Treason 45. Who not bound to take it 44. Oath of Allegiance 176 177 178 179. Sequitur personam non locum 246. 249. Who is to give it and who must take it and in what cases 173 174 175 176. 181 182 183. 186. 195 196 197 198. 215. 224. 240 241 242 243 244 245 246 247 248. 261 262. 264. 266 267. Where the party taking it must set to his name or mark 179. Where and whither the taking of it is to be certified and the Certificate recorded 174. 249 250. The penalties for refusing it or not taking it 174 175 176. 181 182. 195 196. 215. 224. 243. 250 251. 263. see Disability The party refusing it shall be committed to Gaol and by whom 174 175. 250 251. He may be committed either until the Assizes or Sessions at the discretion of him who tenders it 175. In that case sureties cannot be taken 175. Where a married woman refusing it shall be imprisoned till she takes it 175. 250. What tender and refusal of it shall be binding and what not 251 Refusal of any word of it is a refusal of the whole 179. Serving or going to serve a forraign Prince c. without first taking the said Oath is Felony 181 182. What service is there meant 182. Who shall give the Oath in that case 183. 198. The penalty for not certifying it and on whom 183 184. 198 199. The penalty for not certifying the Oaths of Supremacy and Allegiance taken by a person submitting 186. Certificate of Oaths taken by a Jesuite c. or a person returning from a Seminary see Conformity An Office of Inheritance saved to him who takes not the Oaths of Supremacy and Allegiance 265 266. Where and before whom persons who are to be restored in Blood or naturalized are to take the said Oaths 240. Oath by a Popish Recusant licenced to travel 206 207 208. 210 211. Obedience See Oaths Perswading or withdrawing the Kings Subjects from their Natural Obedience or being perswaded or withdrawn is High Treason 57 58. 184 185 186. What is Natural Obedience 185. A Jesuite c. submitting must continue in his due Obedience 95. Obligation See King Service Offence see Iudgment Office Where necessary before seizure 104. Offices and Officers See Excommengement Oaths Port. Recusants Where the Husband of a Popish Recusant convict shall not bear any Office 211 212. Officers of the Exchequer 71. Officers shall answer for their Deputies 184. What persons are disabled to bear office and in what cases 10. 43 44. 211 212. 243. 251. 257 258. 263 264. The penalty on him who executes any Office and doth not receive the Sacrament and take the Oaths and Test injoined by 25 Car. 2. 2. 263 264 265. A saving of some Offices 265 266 267. Ordinary See Probate Ordinary who 45. The King is supream Ordinary 6 7. The name c. of
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
Profession or Calling whatsoever or repair in or to any the same to be instructed perswaded or strengthned in the Popish Religion or in any sort to profess the same every such person so sending or causing to be sent any Child or other person beyond the Seas to any such purpose or intent shall for every such Offence forfeit to his Maiesty his Heirs and Successors the sum of one hundred pounds and every such person so passing or being sent beyond the Seas to any such intent and purpose as is aforesaid shall by Authority of this present Act as in respect of him or her self only and not to or in respect of any of his Heirs or Posterity be disabled and made uncapable to inherit purchase take have or enjoy any Mannors Lands Tenements Annuities Profits Commodities Hereditaments Goods Chattels Debts Duties Legacies or Sums of money within this Realm of England or any other his Majesties Dominions And that all and singular Estates Terms and other Interests whatsoever hereafter to be made suffered or done to or for the use or behoof of any such person or persons or upon any trust or confidence mediately or immediately to or for the benefit or relief of any such person or persons shall be utterly void and of none effect to all intents constructions and purposes Publick Colledges c. only here intended To any Colledge c. This Act extends only to publick Houses or Colledges but not to such as are bred beyond the Seas in any private Popish Family And therefore the Statute of 3 Car. 1. cap. 2. Stat. 3 Car. 1. 2. was made to supply that defect Stat. Sect. 6. They who are in Seminaries c. shall return And be it further Enacted by the Authority aforesaid That if any person born within this Realm or any the Kings Majesties Dominions be at this present in any Colledge Seminary House or place in any parts beyond the Seas to the end to be instructed or strengthned in the Popish Religion which shall not make return into this Realm or some of his Majesties Dominions within one year next coming after the end of this Session of Parliament and submit himself as is aforesaid shall be in respect of himself only and not to or in respect of any of his Heirs or Posterity utterly disabled and uncapable to inherit have or enjoy any Mannors Lands Tenements Hereditaments Goods Chattels Debts or other things aforesaid within this Realm or any other his Majesties Dominions Stat. Sect. 7. Remedy for such as return into the Realm and become conformable Provided always That if any such person or Child so passing sent sending or now being beyond the Seas as aforesaid to such intent as is before mentioned shall after become Conformable and Obedient unto the Laws and Ordinances of the Church of England and shall repair to the Church and there remain and be as is aforesaid and continue in such Conformity according to the true intent and meaning of the said Statutes and Ordinances That in every such Case every such person and Child for and during such time as he or she shall continue in such Conformity and Obedience shall be fréed and discharged of all and every such disability and incapacity as is before mentioned And be it further Enacted by the Authority of this present Parliament That no Woman Stat. Sect. 8. No Woman or Child shall pass over the Seas without Licence except c. nor any Child under the age of one and twenty years except Sailers or Ship-boys or the Apprentice or Factor of some Merchant in Trade of Merchandize shall be permitted to pass over the Seas except the same shall be by Licence of the King his Heirs or Successors or of some six or more of the Kings Privy Council thereunto first had under their hands upon pain that the Officers of the Port that shall willingly or negligently suffer any such to pass The forfeiture of the Officer of the Port. Owner of the Ship or shall not enter the names of such Passengers licensed shall forfeit his Office and all his Goods and Chattels And upon pain that the Owner of any Ship or Vessel that shall wittingly or willingly carry any such over the Seas without Licence as is aforesaid shall forfeit his Ship or Vessel and all the Tackle and every Master or Marriner Master and Marriners of or in any such Ship or Vessel offending as aforesaid shall forfeit all their Goods and suffer Imprisonment by the space of twelve months without Bail or Mainprize And be it further Enacted by the Authority aforesaid Stat. Sect. 9. The forfeiture for being or keeping a Schoolmaster contrary to this Act. That no person after the Feast of St. Michael the Archangel next shall kéep any School or be a Schoolmaster out of any of the Vniversities or Colledges of this Realm except it be in some publick or frée Grammar School or in some such Noblemans or Noblewomans or Gentlemans or Gentlewomans House as are not Recusants or where the same Schoolmaster shall be specially licensed thereunto by the Archbishop Bishop or Guardian of the Spiritualties of that Diocess upon pain that as well the Schoolmaster as also the party that shall retain or maintain any such Schoolmaster contrary to the true intent and meaning of this Act shall forfeit each of them for every day so wittingly offending forty shillings Note All Grammar Schools are not here excepted Grammar Schools Gentlemens Houses but only publick or free Grammar Schools nor yet all Gentlemens Houses but only of such as are not Recusants in both which respects this Statute is defectively recited in the late Additions to Dalton cap. 87. tit Schoolmaster Sect. 1. Stat. Sect. 10. The forfeitures how to be recovered The one half of all the penalties and sums of money before-mentioned to be forfeited to be to the King his Heirs and Successors the other to him or them that shall or will sue for the same in any the Courts of Record in Westminster by Action of Debt Bill Plaint or Information in which no Essoign Protection or Wager of Law shall be allowed Stat. iii Jac. cap. iv An Act for the better discovering and repressing of Popish Recusants FOrasmuch as it is found by daily experience that many his Majesties Subjects Stat. Sect. 1. that adhere in their hearts to the Popish Religion by the infection drawn from thence and by the wicked and devillish Counsel of Iesuites Seminaries and other like persons dangerous to the Church and State Some Popishly affected do repair to the Church are so far perverted in the point of their Loyalties and due Allegiance unto the Kings Majesty and the Crown of England as they are ready to entertain and execute any treasonable conspiracies and practices as evidently appears by that more then barbarous and horrible attempt to have blown up with Gunpowder the King Queén Prince Lords and Commons in the House of
hurt or prejudice the Péerage of any Péer of this Realm or to take away any Right Power Priviledge or Profit which any person being a Péer of this Realm hath or ought to enjoy by reason of his Péerage either in time of Parliament or otherwise or to take away creation-money or Bills of Impost nor to take away or make void any Pension or Salary granted by His Majesty to any person for valuable and sufficient Consideration for Life Lives or Years other then such as relate to any Office or to any Place of Trust under His Majesty and other then Pensions of bounty or voluntary Pensions nor to take away or make void any Estate of Inheritance granted by His Majesty or any His Predecessors to any person or persons of or in any Lands Rents Tithes or Hereditaments not being Offices nor to take away or make void any Pension or Salary already granted by His Majesty to any person who was Instrumental in the happy preservation of His Sacred Majesty after the Battel at Worcester in the year One thousand six hundred fifty one until His Majesties arrival beyond the Seas nor to take away or make void the Grant of any Office or Offices of Inheritance or any Fée Salary or Reward for executing such Office or Offices or thereto any way belonging granted by His Majesty or any his Predecessors to or enjoyed or which hereafter shall be enjoyed by any person or persons who shall refuse or neglect to take the said Oaths or either of them or to receive the Sacrament or to subscribe the Declaration mentioned in this Act in manner therein expressed Nevertheless so as such person or persons having or enjoying any such Office or Offices of Inheritance do or shall substitute and appoint his or their sufficient Deputy or Deputies which such Officer or Officers respectively are hereby impowred from time to time to make or change any former Law or Vsage to the contrary notwithstanding to exercise the said Office or Offices until such time as the person or persons having such Office or Offices shall voluntarily in the Court of Chancery before the Lord Chancellor or Lord Keeper for the time being or in the Court of Kings Bench take the said Oaths and receive the Sacrament according to Law and subscribe the said Declaration and so as all and every the Deputy and Deputies so as aforesaid to be appointed take the said Oaths receive the Sacrament and subscribe the said Declaration from time to time as they shall happen to be so appointed in manner as by this Act such Officers whose Deputies they be are appointed to do and so as such Deputies be from time to time approved of by the Kings Majesty under His Privy Signer But that all and every the Péers of this Realm shall have hold and enjoy what is provided for as aforesaid and all and every other person or persons before mentioned denoted or intended within this Proviso shall have hold and enjoy what is provided for as aforesaid notwithstanding any incapacity or disability mentioned in this Act. Provided also That the said Péers and every of them may take the said Oaths and make the said Subscription and deliver the said Certificates before the Péers sitting in Parliament if the Parliament be sitting within the time limited for doing thereof and in the intervals of Parliament in the High Court of Chancery in which respective Courts all the said proceédings are to be recorded in manner aforesaid Provided always That no married Woman or person under the age of Eightéen years or being beyond or upon the Seas or found by the lawful Oaths of Twelve men to be non compos mentis and so being and remaining at the end of Trinity Term in the year of our Lord One thousand six hundred seventy thrée having any Office shall by vertue of this Act loose or forfeit any such his or her Office other then such married Woman during the life of her Husband only for any neglect or refusal of taking the Oaths and doing the other things required by this Act to be done by persons having Offices so as such respective persons within Four months after the death of the Husband coming to the age of Eighteen years returning into this Kingdom and becoming of sound mind shall respectively take the said Oaths and perform all other things in manner as by this Act is appointed for persons to do who shall happen to have any Office or Offices to them given or fallen after the end of the said Trinity Term. Provided also That any person who by his or her neglect or refusal according to this Act shall lose or forfeit any Office may be capable by a new Grant of the said Office or of any other and to have and hold the same again such person taking the said Oaths and doing all other things required by this Act so as such Office be not granted to and actually enjoyed by some other person at the time of the regranting thereof Provided also That nothing in this Act contained shall extend to make any Forfeiture Disability or Incapacity in by or upon any non-Commission-Officer or Officers in His Majesties Navy if such Officer or Officers shall only subscribe the Declaration therein required in manner as the same is direted Provided also That nothing in this Act contained shall extend to prejudice George Earl of Bristol or Anne Countess of Bristol his Wife in the Pension or Pensions granted to them by Patent under the Great Seal of England hearing date the Sixtéenth day of July in the year of our Lord One thousand six hundred sixty and nine being in lieu of a just Debt due to the said Earl from His Majesty particularly expressed in the said Patent Provided also That this Act or any thing therein contained shall not extend to the Office of any High Constable Petty Constable Tithingman Headborough Overseer of the Poor Church-wardens Surveyor of the High-ways or any like inferior Civil Office or to any Office of Forester or Kéeper of any Park Chace Warren or Game or of Bailiff of any Manor or Lands or to any like private Offices or to any person or persons having only any the before mentioned or any the like Offices FINIS THE TABLE Abjuration See Baron Feme IN what cases the offender against 35 Eliz. 1. of Conventicles and the Popish Recusant confined by 35 Eliz. 2. are to abjure the Realm and in what cases not 115. 116. 123. 134 135 136 137 138. 143. Who may require such Abjuration 116. 135. Before whom it must be made 116. 135. Refusing to abjure or staying or returning without licence is Felony 116 117. 139 140. What he who abjures or refuses to abjure forfeits 124. The form of the Oath of Abjuration 138 139. He that abjures yet oweth to the King his ligeance 139. Absolution What Absolution is not within 13 Eliz. 2.50 Where absolving of the Kings Subjects or being absolved is High Treason 57 58. 184
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