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Iesuites
,
Seminary
Priests
,
Recusants
,
William
Cawley
John
Wright
Richard
Chiswell
K.
Henry
K.
Philip
Q.
Mary
An
Act
repealing
all
Statutes
,
Articles
and
Provisions
made
against
the
See
Apostolick
of
Rome
,
since
the
twentieth
year
of
K.
Henry
the
Eighth
,
for
the
Establishment
of
all
Spiritual
and
Ecclesiastical
Possessions
and
Hereditaments
conveyed
to
the
Laity
,
K.
Philip
Q.
Mary
The
Statute
of
1.
and
2.
Ph.
&
Mar.
here
mentioned
,
repealed
,
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.
An
Act
that
no
person
shall
be
cited
out
of
the
Diocess
where
he
or
she
dwelleth
,
except
in
certain
Cases
.
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
.
restraint
of
payment
of
Annates
and
First-fruits
of
Archbishopricks
and
Bishopricks
to
the
See
of
Rome
.
An
Act
concerning
the
submission
of
the
Clergy
to
the
Kings
Majesty
.
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
.
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
.
An
Act
for
Nomination
and
Consecration
of
Suffragans
within
this
Realm
.
An
Act
for
the
Release
of
such
as
have
obtained
pretended
Licences
and
Dispensations
from
the
See
of
Rome
An
Act
concerning
Precontracts
of
Marriages
,
degrees
of
Consanguinity
An
Act
that
Doctors
of
the
Civil
Law
being
married
may
exercise
Ecclesiastical
Jurisdiction
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
.
An
Act
for
the
reviving
of
three
Statutes
made
for
the
punishment
of
Heresies
,
and
also
the
said
three
Statutes
mentioned
in
the
said
Act
,
and
by
the
same
Act
revived
;
And
all
and
every
Branches
,
Articles
,
Clauses
and
Sentences
contained
in
the
said
several
Acts
and
Statutes
,
and
every
of
them
,
shall
be
from
the
last
day
of
this
Session
of
Parliament
deemed
and
remain
utterly
repealed
,
void
,
and
of
none
effect
to
all
intents
and
purposes
;
Any
thing
in
the
said
several
Acts
,
or
any
of
them
contained
,
or
any
other
matter
or
cause
to
the
contrary
notwithstanding
.
By
the
abrogating
the
Jurisdiction
of
any
Forreign
Prelate
,
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
.
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
,
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.
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
'
.
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
.
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
.
And
in
such
Cases
not
only
a
Prohibition
lies
,
but
the
Ecclesiastical
Judge
,
if
the
Cause
originally
belongs
to
the
Common
Law
,
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
:
And
that
by
force
of
the
word
(
elsewhere
)
in
the
Statute
of
16
R.
2.
cap.
5.
If
any
man
pursue
in
the
Court
of
Rome
or
elsewhere
,
&c.
5
E.
4.6
.
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.
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
.
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
And
in
such
Case
the
King
doth
it
Authoritate
sua
regia
suprema
&
Ecclesiastica
,
qua
fungitur
;
for
so
are
the
words
in
the
Charter
there
.
Plowden
497
,
498
,
500.
Vide
Co.
5.
10.
Cawdries
Case
,
Co.
11.
10
,
11.
Pridle
and
Nappers
Case
.
And
where
the
King
is
Patron
,
an
Appropriation
may
be
made
by
him
alone
;
Addition
to
Popham
145.
And
as
he
is
supream
Head
and
supream
Ordinary
,
a
Resignation
made
to
him
of
a
Deanry
is
as
good
as
if
it
were
made
to
the
Bishop
.
Dyer
12
&
13
Eliz.
293.
Pollard
and
Walronds
Case
.
Plowden
498.
Palmer
493.
Hayward
and
Fulchers
Case
The
Jurisdiction
and
Authority
here
by
given
to
the
late
Court
,
commonly
called
the
High
Commission
Court
,
are
now
taken
away
by
Act
of
Parliament
,
but
the
Power
here
given
the
Queen
to
constitute
such
Commissioners
,
was
no
more
than
she
had
before
by
ancient
Prerogative
,
and
the
Laws
of
England
;
For
thereby
she
might
have
made
such
an
Ecclesiastical
Commission
,
if
this
Act
of
1
Eliz.
had
never
been
made
.
Co.
5.8
,
9.
Cawdries
Case
,
Cro.
Trin.
2.
Jac.
37.
A.
B.
Oustre
le
maine
Oustre
le
maine
Vide
Stat.
1
Eliz.
cap.
2.
Sect.
3.
6.
If
a
man
had
done
any
Deed
or
Act
,
or
executed
any
thing
which
amounted
to
the
holding
,
standing
with
,
or
maintaining
the
Spiritual
or
Ecclesiastical
Jurisdiction
of
any
Forreign
Prelate
,
&c.
he
might
before
the
Statute
of
23
Eliz.
cap.
1.
have
been
indicted
for
it
after
the
year
expired
:
For
the
Restraint
here
in
point
of
time
extends
to
Offences
committed
by
Preaching
,
Teaching
,
or
words
only
,
and
not
to
all
cases
within
this
Branch
,
as
Wingate
tit
.
Crown
numb.
10.
mistakes
the
meaning
of
the
Clause
;
But
now
by
the
Statute
of
23.
it
seems
that
the
prosecution
must
be
within
a
year
and
a
day
for
all
Offences
whatsoever
against
this
Act.
The
half
year
here
mentioned
is
not
to
be
understood
of
six
months
(
as
Wingate
again
mistakes
)
which
is
in
Law
to
be
accounted
secundum
numerum
singulorum
dierum
,
allowing
28
days
to
every
month
,
and
not
according
to
the
Solar
month
,
nor
according
to
the
Kalendar
,
unless
it
be
upon
the
Statute
of
W.
2.
cap.
5.
For
the
account
of
the
lapse
in
a
Quare
Impedit
,
and
2
&
3
E.
6.
13.
of
proving
a
suggestion
.
Co.
1.
Inst.
135.
Cro.
Trin.
5.
Jac.
166.
167.
Bishop
of
Peterborough
versus
Catesby
.
Yelverton
100.
Catesby
versus
Baker
.
Hobart
.
179.
Copley
versus
Collins
.
But
the
half
year
here
is
to
be
understood
according
to
the
Kalendar
.
Sir
Edward
Coke
4.
Inst.
331.
in
his
construction
of
this
Statute
saith
,
That
no
persons
shall
be
impeached
for
any
of
the
Offences
by
Preaching
,
Teaching
,
or
words
,
unless
they
be
lawfully
indicted
within
the
space
of
half
a
year
;
But
yet
it
seems
that
the
words
of
the
Statute
will
not
bear
such
a
Construction
,
neither
if
they
did
,
is
it
Law
at
this
day
,
nor
was
when
those
Institutes
were
written
.
For
1.
The
Statute
where
it
speaks
of
half
a
year
,
refers
only
to
the
Case
of
Imprisonment
,
That
where
the
Offender
by
Preaching
,
Teaching
,
or
words
,
is
imprisoned
,
and
is
not
indicted
within
half
a
year
after
the
Offence
committed
,
he
shall
be
set
at
liberty
,
and
be
no
longer
detained
in
Prison
for
any
such
Cause
or
Offence
,
and
this
was
done
in
favour
of
liberty
,
and
to
prevent
a
long
Imprisonment
upon
a
malicious
and
groundless
Accusation
.
But
there
is
no
colour
to
extend
the
words
to
the
Offender
who
was
never
imprisoned
,
although
the
Offence
was
by
Preaching
,
Teaching
,
or
words
only
.
2.
But
the
Case
that
an
Offender
by
Preaching
,
Teaching
,
or
words
,
had
been
imprisoned
within
the
half
year
,
yet
it
seems
very
questionable
,
whether
at
the
half
years
end
when
he
was
set
at
liberty
(
as
he
ought
to
be
by
this
Act
,
if
he
be
not
in
the
mean
time
indicted
)
he
should
have
been
clearly
discharged
by
this
Act
from
any
prosecution
during
the
half
year
then
next
following
.
For
although
it
be
said
he
shall
be
no
longer
detained
in
Prison
for
any
such
Cause
or
Offence
,
yet
that
seems
to
refer
only
to
his
Imprisonment
before
Conviction
;
and
imports
as
much
,
viz.
That
he
should
not
be
continued
,
or
remain
in
the
same
Imprisonment
which
he
suffered
within
the
first
half
year
before
any
Indictment
was
found
against
him
,
but
not
that
he
should
not
be
indicted
afterwards
within
the
compass
of
the
year
,
and
if
found
guilty
,
suffer
the
Imprisonment
,
and
other
penalties
inflicted
by
this
Act.
And
it
might
so
have
happened
,
that
an
Offender
by
Preaching
,
Teaching
,
or
words
,
might
have
been
accused
,
taken
and
imprisoned
a
day
or
two
before
the
half
year
next
after
the
offence
expired
.
In
which
Case
it
cannot
be
thought
to
be
the
meaning
of
the
makers
of
the
Law
,
that
by
his
Imprisonment
for
a
day
or
two
he
should
escape
the
penalties
of
the
Law
,
and
could
not
be
afterwards
indicted
within
the
compass
of
the
year
.
And
yet
in
that
case
he
ought
to
be
set
at
liberty
by
the
express
words
of
the
Act
,
which
saith
,
and
not
half
a
year
after
his
Imprisonment
.
3.
It
seems
now
to
be
out
of
doubt
but
that
any
Offender
against
this
Act
,
although
by
Preaching
,
Teaching
,
or
words
,
may
be
indicted
at
any
time
within
a
year
and
a
day
after
the
Offence
committed
,
and
that
by
force
of
the
Statute
of
23
Eliz.
cap.
1.
which
saith
,
that
all
Offences
against
the
Acts
of
1
Eliz.
touching
Acknowledgment
of
her
Majesties
supream
government
in
Causes
Ecclesiastical
,
shall
and
may
be
inquirable
within
a
year
and
a
day
after
the
Offence
committed
.
And
the
affirming
or
maintaining
the
Spiritual
or
Ecclesiastical
Jurisdiction
of
a
Forreigner
,
was
without
question
an
Offence
against
her
Majesties
supream
Government
in
Causes
Ecclesiastical
,
and
against
the
acknowledgment
thereof
,
so
that
the
year
limited
by
this
Statute
is
now
extended
to
a
day
farther
,
and
whatever
the
meaning
of
it
was
as
to
the
half
year
:
All
Offences
against
it
,
whether
by
Preaching
,
Teaching
,
or
words
,
or
otherwise
(
for
that
of
23.
is
general
,
and
reaches
all
Offences
whatsoever
against
the
Act
of
1
0.
touching
the
Supremacy
Ecclesiastical
)
may
now
be
inquired
of
within
a
year
and
a
day
,
whether
the
party
be
in
Prison
or
not
.
But
yet
it
seems
that
in
Case
of
Imprisonment
within
the
first
half
year
,
this
Provision
here
for
the
setting
at
liberty
of
the
Prisoner
at
the
end
thereof
,
if
he
be
not
before
that
time
Indicted
,
remains
still
in
force
,
and
is
not
abrogated
by
23.
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.
De
Legate
Richard
Chetwood
,
Esq
Agnes
Woodhull
Charles
Tyrrel
,
Gent.
Richard
Chetwood
Richard
Harcourt
Anthony
Fydell
Richard
Harcourt
Elizabeth
Harcourt
Elizabeth
Robins
Anthony
Fydell
Robert
,
Elizabeth
John
Baptist
John
Baptist
England
,
Wales
John
Baptist
John
Baptist
Although
the
first
part
of
this
Clause
,
(
viz.
)
seems
to
intend
a
local
Minister
only
,
and
not
one
who
is
neither
Parson
,
Vicar
,
or
Stipendiary
Chaplain
,
yet
the
next
words
,
&c.
clearly
comprehend
all
lawful
Ministers
and
Priests
whatsoever
:
For
't
is
held
in
our
Law
,
that
as
he
is
Sacerdos
,
he
ought
and
is
bound
jure
divino
celebrare
Coenam
Dominicam
,
&
dictae
Coenae
orationes
,
&c.
And
if
he
be
indicted
upon
this
Statute
with
the
addition
of
Clericus
,
that
word
implies
him
to
be
a
Priest
or
Minister
within
the
meaning
thereof
,
Dyer
3.
Eliz.
203.
Note
,
That
by
the
Statute
of
14
Car.
2.
This
and
all
other
Laws
which
were
then
in
force
for
the
Uniformity
of
Prayer
and
Administration
of
the
Sacraments
within
the
Realm
of
England
,
are
now
applicable
to
the
Book
of
Common
Prayer
,
authorized
by
that
Act
of
14
Car.
and
are
to
be
put
in
ure
with
relation
to
the
said
Book
.
These
words
(
wilfully
or
obstinately
standing
in
the
same
)
seem
to
restrain
the
Law
to
such
other
Prayers
as
are
used
in
hindrance
of
,
or
opposition
to
the
Common
Prayer
,
or
after
admonition
or
warning
to
the
contrary
,
and
therefore
the
Prayers
used
in
the
Pulpit
before
Sermon
,
seem
not
to
be
within
the
meaning
of
this
Law
,
nor
to
be
forbidden
by
it
,
because
generally
tolerated
by
those
in
Authority
,
and
so
not
obstinately
used
;
And
were
those
words
wanting
,
although
the
words
of
the
Statute
are
general
,
(
any
other
form
or
open
Prayers
)
yet
they
ought
to
have
a
particular
construction
according
to
reason
,
and
the
intent
of
the
makers
of
the
Law
,
(
viz.
)
That
no
Minister
shall
use
any
other
form
to
the
hindrance
of
,
or
in
opposition
to
this
:
For
a
penal
Law
shall
not
always
be
construed
according
to
the
words
of
it
,
but
according
to
the
intent
of
the
makers
of
it
.
Plowden
18.
Fogassa's
Case
.
Ib.
465
,
466
,
467.
Eyston
versus
Studd
.
Ibib.
109
,
110.
Fulmerston
versus
Stewarde
.
And
the
words
of
a
Law
may
be
infringed
,
and
yet
the
Law
it self
may
not
be
infringed
,
unless
the
intent
be
likewise
:
Plowden
18.
which
intent
shall
never
be
construed
to
be
against
reason
:
For
many
things
are
excepted
out
of
Statutes
by
the
Law
of
reason
,
which
yet
are
not
excepted
by
express
words
,
Plowden
13.
Fogassa's
Case
.
And
't
is
a
general
Rule
to
be
allowed
in
construction
of
Statute
Laws
,
Quamvis
One
is
Indicted
upon
this
Statute
for
administring
Baptism
in
other
form
than
is
thereby
prescribed
:
And
is
convicted
,
and
afterwards
he
is
again
indicted
for
the
like
Offence
.
By
the
Opinion
of
Clench
Justice
,
B.
R.
the
second
Indictment
must
mention
the
first
Conviction
:
or
the
Judgment
cannot
be
for
the
second
Offence
,
(
viz.
)
Imprisonment
for
a
year
and
deprivation
:
But
Wray
Chief
Justice
held
,
That
if
both
Indictments
were
before
the
same
Justices
,
they
are
to
take
notice
of
the
first
Conviction
,
although
it
be
not
mentioned
in
the
second
Indictment
,
and
ought
to
give
Judgment
accordingly
:
But
if
the
second
Indictment
be
taken
by
other
Justices
,
then
without
mention
therein
of
the
first
Conviction
,
they
cannot
give
Judgment
for
the
second
Offence
.
Leonard
1.
295.
C.
403.
&c.
]
If
the
Offender
against
this
Branch
of
the
Act
be
judicially
convicted
of
Record
for
the
second
or
third
Offence
,
It
seems
that
there
needs
not
any
Sentence
declaratory
by
the
Ecclesiastical
Judge
,
but
his
Benefices
or
spiritual
Promotions
are
void
,
ipso
facto
,
upon
such
Conviction
:
For
although
the
word
(
void
)
be
not
here
as
it
is
in
the
Statute
of
21
H.
8.
c
13.
of
Pluralities
.
And
of
13
Eliz.
cap.
12.
about
reading
the
39
Articles
;
Upon
which
Statutes
't
is
resolved
that
a
Sentence
help
or
restore
an
Offender
against
this
Act
after
the
second
or
third
Conviction
,
no
more
than
it
will
him
who
neglects
to
read
the
39
Articles
.
Vide
Cro.
Trin.
41
Eliz.
679
,
680.
Baker
versus
Brent
&
Robinson
.
The
Patron
must
at
his
peril
take
notice
of
a
Conviction
of
the
Incumbent
upon
this
Statute
:
For
if
he
present
not
within
six
months
after
,
a
Lapse
will
incur
against
him
,
although
no
notice
be
given
him
:
For
all
men
at
their
perils
ought
to
take
notice
of
an
Act
of
Parliament
,
to
which
every
one
is
party
.
39
E.
3.
7.
Bishop
of
Chichesters
Case
.
Dyer
7
Eliz.
237.
Co.
Hollands
Case
and
Digbies
Case
;
supra
.
In
which
three
last
Cases
it
was
held
,
That
no
notice
to
the
Patron
is
necessary
upon
an
avoidance
by
the
Statute
of
21
H.
8.
of
Pluralities
.
Vide
Termes
de
la
Ley
,
111.
Deprivation
:
And
the
Statute
of
13
Eliz.
touching
the
39
Articles
,
which
provides
,
that
no
Title
to
present
by
Lapse
shall
accrue
upon
any
Deprivation
,
ipso
facto
,
until
six
months
after
notice
thereof
given
by
the
Ordinary
to
the
Patron
,
although
it
be
penned
in
general
terms
,
extends
only
to
the
particular
Cases
in
that
Statute
,
and
to
no
other
Case
of
Deprivation
ipso
facto
,
by
Act
of
Parliament
.
St.
John
Baptist
A
Feme
Covert
is
within
the
meaning
of
this
Branch
,
and
shall
be
liable
to
the
Penalties
thereby
inflicted
,
Hobart
97.
Moore
versus
Hussey
.
Dyer
3
Eliz.
203.
Sir
Edward
Walgraves
Case
.
There
hath
been
a
great
question
when
this
Parliament
of
1
Eliz.
began
,
Poulton
saith
the
23d
.
of
January
.
Dyer
3
Eliz.
203.
The
25th
of
January
.
Co.
4.
Inst.
7.
the
25th
of
February
:
And
for
the
incertainty
when
it
commenced
,
an
Information
was
brought
upon
this
Branch
of
the
Statute
against
Sir
Edward
Walgrave
and
his
Wife
,
by
the
Queens
Attorney
,
without
any
special
recital
of
the
Statute
,
only
supposing
the
Offence
to
be
,
Contra
formam
&
effectum
cujusdam
Statuti
in
Parliamento
tenent
apud
Westmonasterium
anno
primo
Reginae
nunc
,
&c.
Dyer
3
Eliz.
203.
For
this
is
a
general
Statute
,
and
general
Statutes
need
not
be
particularly
recited
.
Plowden
53.
Wimbish
vers.
Talbois
:
Ibid.
79.
81.
Partridges
Case
,
Ibid.
231.
Lord
Barkleys
Case
.
The
hearing
of
Mass
is
a
maintaining
within
this
Statute
,
and
the
person
hearing
it
is
Indictable
thereupon
.
Hobart
97.
Dyer
3
Eliz.
203.
ibid.
15
Eliz.
323.
Fermors
Case
.
The
Offender
in
any
of
these
Cases
cannot
be
punished
for
the
second
Offence
,
before
he
be
adjudged
for
the
first
and
that
second
Offence
must
be
committed
after
the
Judgment
given
for
the
first
;
nor
for
the
third
Offence
before
he
be
adjudged
for
the
second
,
and
that
third
must
be
committed
after
the
Judgment
for
the
second
:
For
Quod
non
apparet
non
est
,
&
non
apparet
Judicialiter
ante
Judicium
.
Co.
2.
Inst.
479.
Vide
Dyer
323.
An
Information
was
brought
by
the
Attorney
General
in
the
Kings
Bench
,
upon
the
Statute
for
hearing
Mass
,
and
Judgment
given
,
Trin.
3
Eliz.
Quod
foris
facereth
Dominae
Reginae
:
Et
si
non
solvet
infra
,
&c.
tunc
imprisonabitur
,
&c.
The
forfeiture
was
estreated
into
the
Exchequer
within
the
six
weeks
mentioned
in
the
Statute
,
and
before
the
six
weeks
expire
the
Defendant
in
the
Information
dies
.
Quaere
,
Whether
his
Executors
shall
be
charged
with
the
forfeiture
of
100
Marks
,
for
that
the
Offender
died
within
the
six
weeks
,
and
so
by
the
Act
of
God
his
body
cannot
suffer
Imprisonment
for
six
months
in
lieu
of
the
forfeiture
:
And
the
Statute
gave
his
election
in
this
Case
,
whether
he
would
suffer
Imprisonment
or
pay
the
one
hundred
Marks
,
Dyer
3
Eliz.
203.
Et
6
&
7
Eliz.
231.
Sir
Edward
Walgraves
Case
.
But
this
Question
may
now
be
prevented
,
for
the
Offender
may
be
Indicted
upon
the
Statute
of
23
Eliz.
cap.
1.
which
inflicts
for
such
Offence
the
100
Marks
and
Imprisonment
both
.
John
Baptist
A
Feme
Covert
is
within
this
Statute
,
and
shall
forfeit
twelve
pence
if
she
repair
not
to
Church
every
Sunday
and
Holiday
.
Co.
11.
61.
Dr.
Fosters
Case
,
Bulstrode
3.
87.
The
King
against
Law
,
Rolles
1.
93.
C.
4.
1.
Dr.
Fosters
Case
.
Hobart
97.
Moore
versus
Hussey
.
&c.
]
In
an
Indictment
upon
this
Statute
for
not
coming
to
Church
,
it
need
not
be
averred
that
the
Offender
is
an
Inhabitant
within
this
Realm
,
&c.
for
if
he
be
not
,
that
ought
to
come
of
the
other
side
.
Godbolt
148.
C.
191.
Anne
Mannocks
Case
.
&c.
]
Nor
need
it
be
averred
in
such
Indictment
,
That
the
party
had
no
lawful
or
reasonable
Excuse
to
be
absent
,
but
that
ought
likewise
to
come
of
the
other
side
.
Leonard
2.
5.
C.
6.
Elizabeth
Dormers
Case
.
Note
,
in
the
Report
of
that
Case
,
these
words
(
having
no
lawful
or
reasonable
,
&c.
)
are
by
mistake
supposed
to
be
in
the
Statute
of
23
Eliz.
1.
cap.
1.
&c.
]
If
a
man
doth
not
resort
to
the
Church
of
the
Parish
wherein
he
dwells
,
nor
to
the
Chappel
of
Ease
whereunto
the
place
of
his
abode
belongs
;
yet
if
he
goes
to
that
Church
or
Chappel
to
which
he
hath
been
accustomed
to
resort
,
it
seems
to
be
sufficient
to
satisfie
the
intent
of
this
Act.
Vide
Bulstrode
1.
159.
&
infra
.
For
the
Book
of
Common
Prayer
now
established
.
Vide
supra
,
Sect.
2.
&c.
]
Although
the
words
of
the
Statute
be
in
the
dis-junctive
,
(
viz.
)
That
he
shall
abide
there
during
the
time
of
Common
Prayer
,
Preaching
,
or
other
Service
of
God
,
yet
they
are
to
be
taken
conjunctively
,
and
the
party
ought
not
to
depart
when
the
Service
is
ended
,
if
there
be
Preaching
,
but
must
continue
there
for
the
whole
time
.
Godbolt
148.
C.
191
Mannocks
Case
.
And
yet
if
he
abides
there
during
the
whole
time
he
may
be
liable
to
the
penalty
of
this
Law
:
For
there
are
four
Adverbs
in
the
Statute
.
1.
Diligently
,
which
denotes
attention
.
2.
Faithfully
,
devotion
.
3.
Soberly
,
gravity
.
And
4.
Orderly
,
decency
.
All
which
ought
to
be
observed
:
so
that
if
he
walk
or
talk
in
the
Church
during
the
Service
of
God
there
,
he
may
be
punished
upon
this
Act
as
if
he
were
absent
:
By
Coke
Chief
Justice
.
B.
R.
Rolles
1.
93.
C.
41.
Doctor
Fosters
Case
.
This
forfeiture
still
remains
,
notwithstanding
the
Statute
of
23
Eliz.
cap.
1.
which
gives
the
20
l.
per
month
.
And
that
appears
by
the
Statute
of
3
Jac.
cap.
4.
which
gives
a
more
speedy
remedy
for
the
recovery
of
the
forfeiture
of
Twelve
pence
:
And
by
the
different
times
when
these
two
forfeitures
are
due
,
and
the
different
Offences
for
which
they
are
due
,
which
shews
that
the
one
was
not
intended
in
the
room
of
the
other
:
For
the
20
l.
per
month
is
due
for
a
months
absence
,
and
cannot
be
sued
for
till
the
month
is
past
:
But
the
twelve
pence
is
due
for
every
absence
either
Sunday
or
Holiday
:
For
't
is
forfeited
as
soon
as
the
Sunday
or
Holiday
is
past
,
and
may
be
sued
for
every
Week
,
so
that
the
Recusant
may
be
punished
both
by
this
Statute
for
his
weekly
absence
,
and
by
23.
for
his
monthly
absence
;
nor
is
he
helped
by
this
Act
in
case
of
Conformity
,
as
he
is
by
23.
Co.
11.
63.
Dr.
Fosters
Case
,
Rolls
1.
94.
C.
41.
The
same
Case
;
But
yet
although
this
Act
doth
not
discharge
him
of
this
Twelve
pence
upon
Conformity
,
it
seems
that
the
Statute
of
1
Jac.
cap.
4.
St.
John
Baptist
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
:
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.
St.
John
Baptist
St.
John
Baptist
St.
Michael
These
words
appoint
in
what
manner
the
Offences
shall
be
enquired
of
,
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
.
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
.
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
.
This
Clause
being
in
the
affirmative
doth
not
abrogate
the
Jurisdiction
Ecclesiastical
,
which
was
in
the
Ecclesiastical
Judge
before
the
making
of
the
Statute
,
for
that
no
Negative
words
are
here
added
,
as
that
he
should
proceed
no
otherwise
,
or
in
no
other
manner
or
form
than
this
Statute
directs
,
And
therefore
if
any
Parson
,
Vicar
,
&c.
deprave
or
observe
not
the
Book
of
Common
Prayer
,
although
this
Act
inflicts
only
the
forfeiture
of
a
years
value
,
and
six
months
Imprisonment
for
the
first
Offence
,
yet
the
Ecclesiastical
Judge
may
for
the
first
Offence
deprive
him
notwithstanding
this
Act
,
as
he
might
have
done
if
no
form
of
punishment
had
been
here
appointed
.
And
the
said
Book
being
enjoined
by
Authority
,
the
Offence
of
depraving
or
non-observing
it
,
is
punishable
by
the
Ecclesiastical
Judge
,
according
to
the
Ecclsiastical
Law
,
without
the
further
aid
of
any
Temporal
Law
,
then
the
commanding
it
to
be
observed
,
Co.
5.5
,
6.
Cawdries
Case
:
And
in
such
Case
the
Sentence
of
Deprivation
given
by
the
Ecclesiastical
Judge
,
though
it
exceed
the
punishment
inflicted
by
the
Temporal
Law
,
is
not
to
be
questioned
by
the
Temporal
Judges
,
but
they
ought
to
give
Faith
and
Credit
to
it
:
For
cuilibet
in
sua
arte
perito
,
est
credendum
.
Cawdries
Case
,
fol.
7.
Co.
4.29
.
Bunting
and
Heppingwells
Case
.
The
Printers
of
any
Book
which
attributes
to
the
Pope
or
See
of
Rome
any
such
Authority
or
Jurisdiction
within
this
Realm
,
&c.
and
the
utterers
thereof
,
in
most
Cases
are
within
the
danger
of
this
Law
;
and
if
any
man
bring
over
such
Books
,
Written
beyond
the
Seas
,
knowing
the
Contents
thereof
,
or
secretly
deliver
out
such
Books
to
others
,
he
knowing
the
Contents
thereof
,
unless
in
this
last
Case
he
be
a
Trader
in
them
,
and
deliver
them
out
upon
that
Account
,
without
any
act
or
attribution
by
conference
or
allowance
,
he
is
an
Offender
within
this
Act
,
by
the
words
,
(
Hold
and
stand
with
to
maintain
,
&c.
)
and
so
is
the
receiver
likewise
,
if
he
afterwards
Reads
and
Confers
upon
any
such
Book
with
any
other
person
,
and
in
his
Conference
by
any
Words
or
Speeches
,
allows
the
Book
to
be
good
,
or
conveys
it
secretly
to
his
Friend
,
to
the
intent
he
should
Read
it
and
be
perswaded
to
be
of
that
Opinion
;
or
if
a
man
hear
of
the
Contents
of
such
Book
,
by
the
report
of
others
,
and
doth
by
any
overt
Speech
commend
or
affirm
it
to
be
good
:
In
all
these
Cases
the
Person
so
doing
,
especially
he
that
reads
it
,
and
then
allows
of
it
,
is
an
Offender
within
this
Act
,
and
shall
for
the
first
Offence
incur
a
Praemunire
,
and
for
the
second
be
Guilty
of
high
Treason
.
So
likewise
if
any
Book
,
to
that
effect
,
be
made
and
Written
within
the
Realm
,
and
sent
over
Seas
,
as
if
it
were
made
out
of
the
Realm
,
and
be
afterwards
Bought
,
Read
or
Conference
be
had
thereupon
,
ut
supra
,
such
Offences
are
within
the
danger
of
this
Law
,
Dyer
11
El.
281.
282.
vide
Co.
l.
6.
Praefat
'
.
A.
was
Indicted
upon
this
Statute
,
and
that
of
13
Eliz.
cap.
2.
of
a
Praemunire
for
aiding
one
B.
knowing
him
to
be
a
principal
maintainer
of
the
Authority
and
Jurisdiction
of
the
Bishop
and
See
of
Rome
,
contra
formam
Statut'
praedict'
,
and
the
Indictment
was
certified
into
the
Kings
Bench
:
And
it
was
held
,
by
the
greater
part
of
the
Justices
,
that
the
Indictment
was
insufficient
,
for
want
of
those
words
(
Vpon
purpose
,
and
to
the
intent
,
to
set
forth
and
extol
the
Authority
,
&c.
)
And
contra
formam
Statut'
will
not
supply
that
defect
,
Trin.
20
Eliz.
Dyer
363.
Note
,
in
the
Report
of
this
Case
the
Statute
of
1
Eliz.
is
mistaken
for
this
of
5
Eliz.
there
being
no
mention
of
the
intent
in
that
of
Primo
.
The
intent
is
a
hidden
thing
,
and
lies
in
the
Heart
,
and
therefore
there
must
be
some
overt
Act
or
Speech
which
declares
the
intent
;
for
the
intent
it self
is
not
traversable
,
but
that
by
which
it
is
made
manifest
,
as
was
adjudged
in
Boothes
Case
,
Co.
5.
77.
That
is
,
the
Offences
in
holding
or
standing
with
to
extol
,
&c.
the
Jurisdiction
of
the
See
or
Bishop
of
Rome
,
or
attributing
such
Jurisdiction
,
&c.
or
Procuring
,
Counselling
,
&c.
which
is
here
for
the
first
Offence
made
a
Praemunire
.
For
these
are
the
only
Premises
in
the
Act
,
and
this
Clause
extends
not
to
the
Oath
of
Supremacy
,
or
any
Offence
in
refusing
of
it
,
much
less
to
all
Offences
against
this
Act
,
as
't
is
mistaken
in
the
late
Additions
to
Dalton
,
cap.
140.
tit
.
High
Treason
,
Sect.
11.
Nor
doth
it
seem
to
be
the
intent
of
the
Statute
to
give
the
Justices
of
Peace
any
Power
to
inquire
of
any
Offence
made
High
Treason
thereby
:
For
the
Power
here
given
to
the
Justices
of
Peace
is
only
to
inquire
of
Offences
contrary
to
the
true
meaning
of
the
Premises
,
and
the
Premises
extend
only
to
those
Offences
made
a
Praemunire
:
And
this
clearly
appears
by
the
subsequent
words
(
viz.
)
That
the
Presentment
thereof
shall
be
certified
into
the
Kings
Bench
,
who
shall
hear
and
determine
every
such
Offence
,
as
if
the
Offender
had
been
Presented
upon
any
matter
in
the
Statute
of
16
R.
2.
Now
that
cannot
be
intended
of
High
Treason
.
The
like
may
be
said
of
Justices
of
Assize
,
for
as
they
are
meerly
Justices
of
Assize
they
cannot
by
force
of
this
Act
inquire
of
either
the
first
or
second
Offence
,
in
refusing
the
Oath
of
Supremacy
,
nor
of
the
second
Offence
in
extolling
the
Bishop
of
Romes
Authority
;
only
for
the
first
Offence
of
this
last
kind
,
they
may
inquire
and
take
Indictments
thereof
,
and
certifie
them
into
the
Kings
Bench
;
but
then
by
their
Commission
of
Oyer
and
Terminer
,
they
may
not
only
inquire
of
the
first
or
second
Offence
,
in
extolling
the
Bishop
of
Romes
Authority
,
or
refusing
the
Oath
of
Supremacy
,
but
may
hear
and
determine
them
.
And
accordingly
were
Slade
and
Bodye
Indicted
,
Arraigned
and
Tried
,
in
the
County
of
Southampton
,
of
a
Praemunire
,
for
the
first
Offence
in
extolling
the
Bishop
of
Romes
Authority
,
upon
which
they
were
Attainted
;
and
afterwards
of
Treason
for
the
second
Offence
,
before
Sir
Roger
Manwood
and
Justice
Periam
Justices
of
Assize
,
by
vertue
of
their
Commission
of
Oyer
and
Terminer
.
:
For
the
Certificate
here
mentioned
,
which
is
to
be
sent
into
the
Kings
Bench
,
is
required
only
of
the
Justices
of
Assize
and
Justices
of
Peace
.
But
Justices
of
Oyer
and
Terminer
,
upon
Indictments
taken
before
them
,
may
proceed
to
hear
and
determine
,
as
Manwood
and
Periam
did
in
that
Case
as
well
for
the
first
as
second
Offence
,
Savile
46.
47.
C.
99.
For
which
first
Offence
in
extolling
the
Bishop
of
Romes
Authority
,
it
seems
the
Justices
of
Assize
who
have
a
Commission
of
Oyer
and
Terminer
,
have
their
election
either
as
Justices
of
Assize
to
inquire
only
,
and
then
they
must
certifie
the
Presentment
or
Indictment
into
the
Kings
Bench
,
or
to
inquire
,
hear
and
determine
as
they
are
Justices
of
Oyer
and
Terminer
,
and
then
they
are
not
bound
to
certifie
:
For
Commissioners
of
Oyer
and
Terminer
are
not
within
the
meaning
of
this
Branch
of
the
Statute
,
as
was
held
in
that
Case
of
Slade
and
Bodye
.
By
what
hath
been
said
it
appears
that
the
question
there
put
by
Ayloffe
,
scil
.
how
they
could
proceed
upon
such
an
Indictmen
not
certified
into
the
Kings
Bench
within
forty
days
,
was
grounded
upon
a
double
mistake
?
1.
That
Justices
of
Oyer
and
Terminer
were
bound
to
certifie
into
the
Kings
Bench
all
Indictments
for
extolling
the
Authority
of
the
Bishop
of
Rome
taken
before
them
.
2.
That
Indictments
for
the
second
Offence
were
within
the
meaning
of
this
Branch
of
the
Statute
:
For
he
speaks
there
of
the
second
Indictment
which
was
for
High
Treason
.
By
Presentment
here
is
to
be
understood
not
only
that
which
is
properly
so
called
,
which
the
Jurors
find
and
present
to
the
Court
without
any
former
Indictment
delivered
them
;
but
also
an
Indictment
which
is
drawn
and
ingrossed
in
form
of
Law
and
delivered
to
the
Jurors
to
be
inquired
of
which
Indictment
the
Justices
here
named
have
power
to
take
by
force
of
the
word
(
inquire
)
and
is
included
within
the
word
(
Presentment
)
being
a
species
of
it
:
For
every
Indictment
found
by
the
Jurors
is
a
Presentment
,
and
the
Record
saith
,
Juratores
praesentant
,
&c.
when
they
find
an
Indictment
.
But
every
Presentment
is
not
an
Indictment
,
Co.
2.
Inst.
739.
And
as
well
the
one
as
the
other
,
touching
the
Offences
aforesaid
,
must
be
certified
into
the
Kings
Bench.
The
Essoin
day
is
the
first
day
of
the
Term
,
properly
so
called
,
and
on
that
day
the
Term
is
open
.
which
is
the
usual
day
of
appearance
,
and
the
first
day
of
every
Term
in
common
reputation
:
For
the
Essoin
day
is
the
first
day
of
the
Term
only
to
some
particular
intents
,
and
't
is
not
full
Term
till
quarto
die
post
.
Savile
124.
Co.
193.
Matthew
vers.
Harcourt
.
So
that
if
the
Forty
days
expire
on
the
day
before
the
Essoin
day
,
the
Presentment
need
not
be
certified
until
quarto
die
post
,
which
is
the
day
of
appearance
;
but
if
they
expire
on
the
Essoin
day
or
afterwards
,
and
before
the
quarto
die
post
,
the
Justices
here
named
must
not
stay
till
the
quarto
die
post
,
but
are
bound
to
certifie
by
the
last
day
of
the
Forty
days
,
under
the
penalty
here
limited
,
for
the
Term
was
then
open
.
All
persons
who
are
preferred
to
any
such
Ministry
or
Office
,
whether
of
the
gift
of
the
King
or
of
a
Subject
,
are
bound
to
take
this
Oath
,
and
not
only
such
as
are
preferred
by
the
King
,
as
't
is
restrained
in
the
late
Additions
to
Dalton
.
Cap.
81.
tit
.
Recusants
Sect.
9.
&c.
]
This
takes
in
so
much
of
the
Canon
and
Civil
Law
as
is
allowed
here
;
But
the
Common
Law
as
the
peculiar
Law
of
this
Kingdom
,
is
here
preferred
,
and
particularly
mentioned
,
and
not
the
Canon
Law
,
as
is
erroneously
said
in
the
late
Additions
to
Dalton
,
Cap.
81.
tit
.
Recusants
Sect.
11.
The
Statute
saith
not
,
That
those
who
belong
not
to
any
Court
shall
take
the
Oath
before
those
who
are
authorized
by
Common
use
to
give
it
,
as
Wingate
tit
.
Crown
,
numb
.
20.
mistakes
the
meaning
of
this
Clause
:
For
this
being
then
a
new
Oath
,
devised
by
the
makers
of
the
Act
of
1
Eliz.
no
person
could
have
Authority
by
Common
use
to
administer
it
:
And
the
Act
plainly
enough
speaks
of
those
who
have
Authority
by
Common
use
to
admit
the
party
to
the
Office
,
and
not
Authority
by
Common
use
to
give
the
Oath
.
If
a
man
be
Indicted
for
refusing
this
Oath
before
him
who
is
reputed
to
be
Bishop
of
the
Diocess
,
and
he
plead
to
the
Indictment
Non
culp
.
he
may
upon
that
issue
give
in
Evidence
,
Quod
non
fuit
Episcopus
tempore
oblationis
Sacramenti
.
Dyer
6
&
7
Eliz.
234.
Bonners
Case
.
100
l.
When
the
Term
is
open
,
and
which
is
the
first
day
of
full
Term
,
Vide
supra
,
Sect.
3.
It
is
not
necessary
that
it
be
mentioned
of
Record
in
the
Kings-Bench
,
how
or
by
whom
the
Certificate
was
brought
in
thither
.
And
in
Bonners
Case
,
where
the
Bishop
of
Winchester
certified
the
refusal
of
this
Oath
:
And
exception
was
taken
that
the
Certificate
was
entred
to
be
brought
into
Court
,
per
A.
B.
Cancellarium
dicti
Episcopi
,
but
not
per
mandatum
Episcopi
,
the
exception
was
dissallowed
for
that
reason
,
Dyer
6.
&
7.
Eliz.
234.
And
a
Jury
of
the
County
where
the
Kings-Bench
is
,
can
do
no
more
in
this
Case
then
inquire
,
that
is
,
Indict
the
party
refusing
the
Oath
,
unless
where
the
refusal
is
in
the
same
County
.
Horne
Bishop
of
Winchester
tendred
this
Oath
in
Surrey
(
parcel
of
his
Diocess
)
to
Bonner
,
then
late
Bishop
of
London
,
who
refused
to
take
it
,
and
this
was
certified
by
the
Bishop
of
Winchester
into
the
Kings-Bench
then
sitting
at
Westminster
,
in
the
County
of
Middlesex
,
where
Bonner
was
Indicted
by
a
Jury
of
that
County
according
to
this
Act
;
the
Question
was
,
by
what
County
he
should
be
Tryed
,
whether
by
a
Jury
of
Middlesex
,
where
the
Indictment
was
taken
,
or
by
a
Jury
of
Surrey
where
the
offence
was
committed
?
And
it
was
resolved
that
he
should
be
Tryed
by
a
Jury
of
Surrey
,
for
this
Statute
extendeth
to
the
Indictment
only
,
and
leaveth
the
Trial
to
the
Common
Law
,
which
appoints
it
to
be
where
the
Offence
is
committed
,
for
regularly
by
the
Common
Law
,
debet
quis
juri
subjacere
ubi
deliquit
,
Dyer
6.
&
7.
Eliz.
234.
Co.
3.
Inst.
34.
So
that
the
Jury
is
to
Indict
and
not
the
Sheriff
,
as
is
mistaken
in
the
late
additions
to
Dalton
,
cap.
81.
tit
.
Recusants
,
Sect.
11.
Slade
and
Body
were
condemned
in
a
Praemunire
upon
this
Statute
,
before
Justices
of
Oyer
and
Terminer
,
for
extolling
the
Authority
of
the
Bishop
of
Rome
,
and
remained
in
Prison
for
the
space
of
two
years
,
and
afterwards
were
brought
to
the
Assizes
and
demanded
whether
they
were
still
of
the
same
Opinion
?
To
which
they
answered
,
that
they
were
;
and
one
of
them
said
,
that
if
they
had
a
thousand
Lives
they
would
lose
them
all
in
this
Case
,
upon
which
they
were
Indicted
,
and
Arraigned
and
Convicted
,
upon
this
second
Branch
of
the
Statute
,
for
High
Treason
.
And
it
was
Resolved
by
the
greater
part
of
the
Justices
,
that
the
words
should
be
taken
to
be
spoken
Advisedly
and
Wittingly
,
and
were
within
the
meaning
of
this
second
Branch
,
Savile
46.
47.
C.
99.
For
tender
and
refusal
,
Vide
Stat.
7.
Jac.
cap.
6.
Sect.
4.
5.
postea
.
Ouster
le
maine
The
King
cannot
dispence
with
any
Member
of
the
Commons
House
from
taking
this
Oath
;
For
the
reason
given
by
the
late
Lord
Chief
Justice
Vaughan
in
the
Case
of
Thomas
and
Sorrell
touching
the
Oath
of
Allegiance
holds
here
,
viz.
Because
by
this
Statute
he
is
persona
inhabilis
,
until
he
hath
taken
it
,
Vaughan
355.
Although
by
this
Act
no
Temporal
person
of
or
above
the
degree
of
a
Baron
is
compellable
to
take
this
Oath
,
yet
if
he
be
made
a
Justice
of
Peace
he
ought
to
take
it
by
force
of
the
Statute
of
1
Eliz.
cap.
1.
Jones
152
,
153.
Earl
of
Lincolns
Case
.
By
these
words
and
the
Preamble
,
Forasmuch
as
,
&c.
Archbishops
and
Bishops
,
although
their
possessions
be
Temporalties
,
are
excluded
out
of
this
Proviso
;
and
therefore
are
to
take
the
Oath
:
For
every
person
who
is
of
the
degree
of
a
Baron
is
not
excused
,
as
Wingate
tit
.
Crown
numb.
29.
mistakes
,
but
only
the
Temporal
Lords
of
Parliament
.
So
that
every
Clergy-man
or
Person
in
Orders
is
not
within
the
danger
of
this
Law
upon
the
second
tender
and
refusal
of
the
Oath
,
as
Wing
.
tit.
Crown
,
n.
30.
mistakes
:
For
every
Priest
or
Minister
is
Clericus
,
Dyer
3
Eliz.
203.
and
yet
shall
not
incur
the
penalty
of
High
Treason
upon
the
second
refusal
,
unless
he
be
a
local
Minister
,
or
have
some
Charge
,
Cure
or
Office
in
the
Church
.
Ordinary
in
the
Common
Law
is
properly
taken
for
the
Bishop
of
the
Diocess
,
but
yet
usually
in
the
Common
Law
and
in
Statutes
for
every
Commissary
or
Official
of
the
Bishop
,
or
other
Judge
that
hath
Ordinary
Jurisdiction
within
his
limits
in
Causes
Ecclesiastical
,
Stat.
W.
2.
cap.
19.
Stat.
31
E.
3.
cap.
11.
Termes
de
la
Ley
,
212.
Ordinary
,
8
H.
6.
3.
Co.
1.
Inst.
344.
If
a
man
once
in
his
life
time
heareth
private
Mass
,
it
seems
he
is
within
this
qualification
,
and
incurs
High
Treason
upon
the
second
refusal
of
the
Oath
;
and
not
only
if
he
used
to
hear
it
,
as
Wingate
tit
.
Crown
numb.
30.
misrecites
the
Statute
.
The
Judgment
in
a
Praemunire
is
to
be
out
of
the
Kings
Protection
,
his
Lands
,
Tenements
,
Goods
and
Chattels
to
be
forfeited
to
the
King
,
and
that
his
body
shall
remain
in
Prison
at
the
Kings
pleasure
,
Co.
1.
Inst.
129
,
130.
Co.
3.
Inst.
218.
Rastal
Entr.
466.
Judgment
:
But
his
entailed
Lands
he
shall
forfeit
only
during
his
Life
:
For
this
Forfeiture
must
be
understood
of
such
an
Estate
as
he
may
lawfully
forfeit
.
And
the
general
words
of
the
Statute
of
Praemunire
,
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
,
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
.
The
Popes
Bulls
in
Latin
called
Bullae
,
are
so
called
,
Quod
Bullis
plumbeis
obsignentur
,
and
in
them
,
consilium
&
voluntas
Papae
continentur
.
Vide
Termes
de
la
Ley
43.
Bull.
A
man
absolves
or
reconciles
,
or
is
absolved
or
reconciled
to
the
Pope
or
See
of
Rome
,
without
any
Bull
,
Writing
,
or
Instrument
to
that
purpose
:
This
Case
seems
not
to
be
within
the
meaning
of
this
Statute
:
For
there
must
be
some
Bull
,
Writing
or
Instrument
,
to
Authorize
such
Absolution
or
Reconciliation
,
or
the
person
who
gives
or
receives
it
is
not
punishable
by
this
Act
,
although
he
may
be
by
23
Eliz.
cap.
1.
and
3
Jac.
cap.
4.
Vide
supra
,
Stat.
5
Eliz.
cap.
1.
Sect.
2.
&
postea
Sect.
6.
All
concealers
of
this
Offence
are
not
within
the
danger
of
this
Law
,
as
Wingate
misrecites
the
Clause
,
tit
.
Crown
numb
.
35.
And
therefore
if
a
man
be
present
at
such
offer
,
motion
or
perswasion
,
and
conceal
it
,
he
shall
not
incur
Misprision
of
Treason
,
unless
he
be
the
party
to
whom
any
such
Bull
,
&c.
or
Absolution
,
&c.
was
offered
.
Agnus
Dei
Agnus
Dei
Agnus
Dei
Agnus
Dei
A
man
brings
into
the
Kings
Dominions
such
Agnus
Dei
,
or
other
like
superstitious
things
,
and
another
offers
or
delivers
them
;
It
seems
that
neither
he
that
brings
them
in
,
nor
he
that
offers
or
delivers
them
,
is
within
this
Act
,
or
liable
to
the
penalty
,
for
by
the
express
words
it
must
be
the
same
person
:
So
that
neither
the
bringer
in
,
unless
he
offer
or
deliver
them
or
cause
them
to
be
delivered
,
nor
he
who
delivers
them
or
causeth
or
offereth
them
to
be
delivered
,
unless
he
be
the
person
who
brought
them
in
,
is
an
Offender
within
the
Act.
Agnus
Dei
,
&c.
The
offer
or
delivery
of
such
Agnus
Dei
,
or
other
superstitious
thing
,
to
any
sort
of
person
,
is
not
an
offence
within
this
Act
,
as
Wingate
supposes
it
to
be
,
tit.
Crown
.
Numb
.
37.
But
to
make
it
an
Offence
,
it
must
be
delivered
or
offered
to
a
Subject
of
this
Realm
or
of
the
Dominions
of
the
same
.
The
Intent
is
material
in
this
Case
,
an●
therefore
,
If
a
man
be
Indicted
upon
this
Statute
,
for
bringing
in
and
offering
or
delivering
such
Agnus
Dei
,
&c.
or
receiving
the
same
,
the
intent
must
be
mentioned
in
the
Indictment
,
as
it
must
be
in
Indictments
upon
all
Statutes
,
where
the
intent
(
as
here
)
is
made
part
of
the
offence
:
So
in
an
Indictment
upon
the
Statute
of
5
E.
6.
cap.
4.
it
is
not
enough
to
say
the
party
drew
his
Dagger
in
the
Church
against
J.
S.
but
it
must
be
averred
that
he
did
it
with
an
intent
to
strike
him
,
as
was
Resolved
by
the
Court
of
Kings-Bench
,
Trin.
33
Eliz.
in
Penhalls
Case
,
Leonard
.
4.
49.
C.
127.
It
seems
by
the
words
of
this
Statute
,
that
to
make
the
Receiver
of
such
superstitious
things
an
offender
within
it
,
there
must
be
a
concurrence
of
intentions
for
the
using
or
wearing
them
both
in
the
giver
and
receiver
:
And
that
therefore
if
a
person
coming
from
beyond
the
Seas
brings
into
this
Realm
any
such
superstitious
things
,
but
with
no
intent
that
they
should
be
worn
or
used
,
and
gives
them
to
his
friend
,
at
his
request
,
who
receives
them
with
an
intent
to
wear
or
use
them
,
this
is
penal
to
neither
:
Not
to
the
giver
,
for
he
had
no
superstitious
intent
,
and
the
intent
is
material
;
nor
to
the
receiver
,
for
that
the
offering
or
delivering
them
to
be
worn
or
used
,
is
expresly
made
in
the
Statute
a
condition
precedent
to
the
obliquity
of
the
fact
in
receiving
them
;
for
the
Statute
saith
,
Then
as
well
the
person
so
doing
,
as
also
every
other
person
receiving
them
,
to
that
intent
shall
incur
a
Praemunire
.
So
that
then
only
when
the
person
delivering
them
so
doth
,
that
is
,
delivers
them
to
be
worn
or
used
,
the
person
receiving
them
to
that
intent
shall
incur
a
Praemunire
.
But
yet
there
needs
not
any
such
concurrence
of
intentions
in
the
giver
and
receiver
,
to
make
the
giver
an
offender
:
And
therefore
if
a
man
brings
into
the
Realm
such
superstitious
things
,
and
delivers
them
to
be
worn
or
used
,
though
the
party
receive
them
not
to
the
intent
to
use
or
wear
them
,
but
defaces
,
burns
or
otherwise
destroies
them
,
yet
he
that
gave
or
delivered
them
incurs
a
Praemunire
:
for
the
words
in
the
Act
,
relating
to
the
Offerer
or
Deliverer
,
are
intire
in
themselves
,
and
have
no
dependance
on
the
subsequent
words
relating
to
the
receiver
,
but
generally
make
all
Offenders
who
bring
them
in
,
and
either
offer
or
deliver
them
to
a
superstitious
intent
,
without
any
respect
to
the
intent
of
the
party
who
receives
or
is
offered
them
.
Agnus
Dei
Agnus
Dei
Agnus
Dei
If
the
person
to
whom
such
Agnus
Dei
,
&c.
is
offered
,
do
bring
the
Offender
to
any
Justice
of
Peace
of
the
County
where
the
offer
is
made
,
although
he
be
not
the
next
Justice
,
yet
it
is
good
enough
,
and
satisfies
the
intent
of
the
Act
:
For
the
word
(
next
)
is
put
in
such
Cases
into
Acts
of
Parliament
,
but
for
conveniency
and
the
more
speedy
execution
of
Justice
.
Vide
Styles
,
246.
Maine
and
Sergeants
Case
.
The
Statute
provides
for
the
discovery
of
the
Offender
in
Order
to
his
punishment
:
in
three
Cases
,
1.
If
any
such
superstitious
thing
be
offered
,
and
the
party
be
able
to
apprehend
him
that
offers
it
,
he
must
bring
him
to
the
next
Justice
of
Peace
of
the
County
where
the
offer
is
made
.
2.
But
if
he
cannot
apprehend
him
,
he
is
to
disclose
his
name
and
place
of
aboad
or
resort
,
to
the
Ordinary
of
that
Diocess
,
or
a
Justice
of
Peace
of
that
County
where
the
person
to
whom
the
offer
was
made
is
resident
,
and
that
within
three
days
after
such
offer
made
.
3.
But
if
he
receives
the
thing
offered
,
then
he
is
not
to
apply
to
the
Ordinary
,
but
is
strictly
tied
to
deliver
it
within
a
day
after
to
some
Justice
of
Peace
of
that
County
where
he
who
received
it
shall
then
be
resident
or
happen
to
be
;
and
in
this
last
Case
,
if
he
receives
it
with
an
intent
to
use
or
wear
it
,
and
keeps
it
above
a
day
,
or
delivers
it
to
any
other
person
or
Justice
of
Peace
of
any
other
County
,
he
incurs
a
Praemunire
.
But
these
Justices
of
Peace
are
strangely
confounded
,
as
well
in
Dalton
,
V.
cap.
89.
tit
.
High
Treason
,
as
in
Wingate
,
tit
.
Crown
,
numb
.
37.
So
that
if
the
Offence
be
not
declared
as
is
aforesaid
,
that
is
,
to
such
Justice
of
Peace
as
is
appointed
in
the
foregoing
Clause
,
but
it
shall
be
declared
to
any
other
Justice
of
Peace
of
a
wrong
County
,
that
other
Justice
of
Peace
shall
not
incur
a
Praemunire
,
if
he
doth
not
signifie
or
declare
it
to
a
Privy
Counsellor
.
Here
't
is
plain
that
any
one
Privy
Counsellor
sufficeth
,
and
the
Justice
of
Peace
is
not
bound
to
signifie
the
Offence
to
the
Privy
Council
,
as
Wingate
tit
.
Crown
numb.
138.
misrecites
the
Statute
.
WHere
sithence
the
Statute
made
in
the
thirteénth
year
of
the
Reign
of
the
Queén
our
Soveraign
Lady
,
Entituled
,
Rome
,
divers
evil
affected
persons
have
practised
,
contrary
to
the
meaning
of
the
said
Statute
,
by
other
means
than
by
Bulls
or
Instruments
,
Written
or
Printed
,
to
withdraw
divers
the
Queéns
Majesties
Subjects
from
their
natural
Obedience
to
her
Majesty
,
and
to
obey
the
said
usurped
Authority
of
and
in
respect
of
the
same
,
to
perswade
great
numbers
to
withdraw
their
due
Obedience
to
her
Majesties
Laws
,
established
for
the
due
Service
of
Almighty
God
.
For
Reformation
whereof
and
to
declare
the
true
meaning
of
the
said
Law
:
Be
it
declared
and
enacted
by
the
Authority
of
this
present
Parliament
,
That
all
persons
whatsoever
,
which
have
or
shall
have
,
or
shall
pretend
to
have
power
,
or
shall
by
any
ways
or
means
put
in
practice
to
absolve
,
perswade
or
withdraw
any
of
the
Queéns
Majesties
Subjects
,
or
any
within
her
Highnesses
Realms
and
Dominions
,
from
their
natural
Obedience
to
her
Majesty
,
or
to
withdraw
them
for
that
intent
from
the
Religion
now
by
her
Highnesses
Authority
established
within
her
Highnesses
Dominions
,
to
the
Religion
,
or
to
move
them
,
or
any
of
them
,
to
promise
any
Obedience
to
any
pretended
Authority
of
the
Seé
of
or
of
any
other
Prince
,
State
or
Potentate
,
to
be
had
or
used
within
her
Dominions
,
or
shall
do
any
overt
act
to
that
intent
or
purpose
,
and
every
of
them
,
shall
be
to
all
intents
adjudged
to
be
Traytors
:
And
being
thereof
lawfully
convicted
,
shall
have
Iudgment
,
suffer
and
forfeit
as
in
case
of
High
Treason
.
And
if
any
person
shall
after
the
end
of
this
Session
of
Parliament
,
by
any
means
be
willingly
absolved
,
or
withdrawn
as
aforesaid
,
or
willingly
be
reconciled
,
or
shall
promise
any
Obedience
to
any
such
pretended
Authority
,
Prince
,
State
,
or
Potentate
as
is
aforesaid
;
that
then
every
such
person
,
their
Procurers
and
Counsellors
thereunto
,
being
thereof
lawfully
convicted
,
shall
be
taken
,
tried
and
judged
,
and
shall
suffer
and
forfeit
as
in
Cases
of
High
Treason
.
Perswade
or
withdraw
.
Jac.
B.
R.
voluntarie
,
felonice
,
&
proditorie
,
Cro.
Mich.
Smith
versus
Cranshaw
Jac.
cap.
Any
of
the
Queens
Majesties
Subjects
.
Vide
Stat.
Jac.
cap.
And
be
it
likewise
Enacted
and
declared
,
That
all
and
every
person
and
persons
that
shall
wittingly
be
aiders
or
maintainers
of
such
persons
so
offending
,
as
is
above
expressed
,
or
of
any
of
them
knowing
the
same
,
or
which
shall
conceal
any
offence
aforesaid
,
and
shall
not
within
twenty
days
at
the
furthest
,
after
such
persons
knowledge
of
such
offence
,
disclose
the
same
to
some
Iustice
of
Peace
or
other
higher
Officer
,
shall
be
taken
,
tried
and
judged
,
and
shall
suffer
and
forfeit
as
Offenders
in
misprision
of
Treason
.
And
shall
not
within
twenty
days
,
&c.
disclose
the
same
tit
.
Crown
,
numb.
And
be
it
likewise
Enacted
That
every
person
which
shall
say
or
sing
Mass
,
being
thereof
lawfully
convicted
,
shall
forfeit
the
sum
of
Two
hundred
Marks
,
and
be
commited
to
Prison
in
the
next
Goal
,
there
to
remain
by
the
space
of
one
year
,
and
from
thence
forth
till
he
have
paid
the
said
sum
of
Two
hundred
Marks
.
And
that
every
person
which
shall
willingly
hear
Mass
,
shall
forfeit
the
sum
of
One
hundred
Marks
,
and
suffer
Imprisonment
for
a
year
.
One
hundred
Marks
.
Dalton
,
cap.
tit
.
Recusants
,
Sect.
Be
it
also
further
Enacted
by
the
Authority
aforesaid
,
That
every
person
above
the
age
of
sixteen
years
which
shall
not
repair
to
some
Church
,
Chappel
or
usual
place
of
Common
Prayer
,
but
forbear
the
same
,
contrary
to
the
tenor
of
a
Statute
made
in
the
first
year
of
her
Majesties
Reign
,
for
uniformity
of
Common
Prayer
,
and
being
thereof
lawfully
convicted
,
shall
forfeit
to
the
Quéens
Majesty
for
every
month
after
the
end
of
this
Session
of
Parliament
,
which
he
or
she
shall
so
forbear
,
twenty
pounds
of
lawful
English
money
:
and
that
over
and
besides
the
said
forfeitures
,
every
person
so
forbearing
by
the
space
of
twelve
months
,
as
aforesaid
,
shall
for
his
or
her
obstinacy
,
after
Certificate
thereof
in
writing
made
into
the
Court
,
commonly
called
the
Kings-Bench
,
by
the
Ordinary
of
the
Diocess
,
a
Iustice
of
Assize
and
Goal-delivery
,
or
a
Iustice
of
Peace
of
the
County
where
such
offender
shall
dwell
or
be
,
be
bound
with
two
sufficient
sureties
in
the
sum
of
Two
hundred
pounds
at
the
least
to
the
good
behaviour
,
and
so
to
continue
bound
until
such
time
as
the
persons
so
bound
do
conform
themselves
,
and
come
to
the
Church
,
according
to
the
true
meaning
of
the
said
Statute
made
in
the
said
first
year
of
the
Queéns
Majesties
Reign
.
Above
the
age
of
sixteen
years
.
]
Talbot
Not
repair
,
&c.
but
forbear
.
]
Cuffe
versus
Vachel
Eliz.
cap.
Grimstone
versus
Molineux
.
Vide
infra
,
Sect.
Being
thereof
lawfully
convicted
.
l.
per
(
being
thereof
lawfully
convicted
&
Rolls
&
Bulstrode
The
King
against
Law
.
(
Conviction
&
Co.
Shall
forfeit
to
the
Queens
Majesty
.
i.
e.
(
to
the
Queens
Majesty
Tandish
.
Anderson
l.
per
Vid.
Sect.
For
every
month
secundum
numerum
singulorum
dierum
Cro.
Trin
Peterburgh
versus
Catesby
,
Yelverton
Catesby
versus
Baker
,
Hobart
Copley
versus
Collins
Smith
,
Trin.
Eliz.
Cro.
John
Curson
non
culp
B.
R.
Pasch
Cro.
Jac.
non
culp
Cro.
Pasch.
&
Rolles
Parker
versus
John
Curson
Bawderock
versus
Mackaller
Qui
tam
,
&c.
Cro.
Mich.
J.
Cursons
(
supra
Cro.
Trin.
(
viz.
Eliz.
cap.
Be
bound
.
tit
.
Crown
numb.
Dalton
V.
cap.
Good
Behaviour
Eliz.
cap.
Magdalen
Colledge
Vide
Bulstrode
Sufficient
sureties
.
And
be
it
further
Enacted
,
That
if
any
person
or
persons
,
body
Politick
or
Corporate
,
after
the
Feast
of
next
coming
,
shall
kéep
or
maintain
any
School-master
,
which
shall
not
repair
to
Church
as
is
aforesaid
,
or
be
allowed
by
the
Bishop
or
Ordinary
of
the
Diocess
where
such
School-master
shall
be
so
kept
,
shall
forfeit
and
lose
for
every
month
so
kéeping
him
ten
pounds
.
(
Provided
,
That
no
such
Ordinary
,
or
their
Ministers
,
shall
take
any
thing
for
the
said
allowance
.
And
such
School-master
or
Teacher
presuming
to
teach
contrary
to
this
Act
,
and
being
thereof
lawfully
convict
shall
be
disabled
to
be
a
Teacher
of
youth
,
and
shall
suffer
Imprisonment
without
Bail
or
Mainprize
for
one
year
.
Any
School-master
.
(
viz.
Repair
to
Church
as
is
aforesaid
,
or
be
allowed
.
]
Jac.
cap.
No
such
Ordinary
,
&c.
shall
take
anything
.
And
be
it
likewise
Enacted
That
all
and
every
Offences
against
this
Act
,
or
against
the
Acts
of
the
first
,
fifth
,
or
thirtéenth
years
of
her
Majesties
Reign
,
touching
acknowledging
of
her
Majesties
Supream
Government
in
Causes
Ecclesiastical
,
or
other
matters
touching
the
Service
of
God
,
or
coming
to
Church
,
or
Establishment
of
true
Religion
in
this
Realm
,
shall
and
may
be
inquirable
as
well
before
Iustices
of
Peace
,
as
other
Iustices
named
in
the
same
Statutes
,
within
one
year
and
a
day
after
every
such
Offence
committed
:
Any
thing
in
this
Act
,
or
in
any
other
Act
to
the
contrary
notwithstanding
.
Be
it
likewise
Enacted
,
That
Iustices
of
and
Iustices
of
Assize
and
of
Gaol
delivery
,
in
their
several
limits
shall
have
power
to
enquire
,
hear
and
determine
of
all
Offences
against
this
Statute
:
And
Iustices
of
Peace
in
their
open
Quarter
Sessions
of
Peace
shall
have
power
by
vertue
of
this
Act
to
enquire
,
hear
and
determine
of
all
Offences
against
this
Act
,
(
except
Treason
and
misprision
of
Treason
.
)
Within
one
year
and
a
day
.
Eliz.
cap.
Vide
Stat.
Eliz.
cap.
&
infra
Sect
Iustices
of
Oyer
and
Terminer
,
and
Iustices
of
Assize
and
of
Gaol
delivery
,
&c.
and
Iustices
of
Peace
.
]
El.
c.
Jac.
cap.
Edward
Coke
In
their
open
Quarter
Sessions
of
Peace
.
Eliz.
cap.
Jac.
B.R.
Palmer
Jac.
c.
Jac.
cap.
Vide
Stat.
Jac.
cap.
Jac.
cap.
To
enquire
,
hear
and
determine
.
]
(
enquire
(
hear
and
determine
Qui
tam
,
&c.
Eliz.
cap.
&
Rolls
Vide
Jones
Eliz.
cap.
Eliz.
cap.
Foster
,
Savile
Except
Treason
and
misprision
of
Treason
.
]
tit
.
Crown
numb.
Provided
alway
,
That
every
person
guilty
of
any
offence
against
this
Statute
,
other
then
Treason
and
misprision
of
Treason
,
which
shall
before
he
be
thereof
.
Indicted
,
or
at
his
Arraignment
or
Trial
,
before
Iudgment
,
submit
and
conform
himself
before
the
Bishop
of
the
Diocess
where
he
shall
be
resident
,
or
before
the
Iustices
where
he
shall
be
Indicted
,
Arraigned
or
Tryed
,
(
having
not
before
made
like
submission
at
any
his
Tryal
,
being
Indicted
for
his
first
like
offence
)
shall
upon
his
Recognition
of
such
submission
in
open
Assizes
or
Sessions
of
the
County
where
such
person
shall
be
resident
,
be
discharged
of
all
and
every
the
said
Offences
against
this
Act
(
except
Treason
and
misprision
of
Treason
)
and
of
all
pains
and
forfeitures
for
the
same
.
Before
Iudgment
submit
and
conform
himself
.
Jac.
cap.
Eliz.
cap.
Eliz.
vide
Before
the
Bishop
of
the
Diocess
.
Vide
Styles
Vide
Co.
lib.
intr.
And
be
it
likewise
Enacted
,
That
all
forfeitures
of
any
sums
of
money
limited
by
this
Act
shall
be
divided
in
thrée
equal
parts
,
whereof
one
third
part
shall
be
to
the
Queéns
Majesty
,
to
her
own
use
,
one
other
third
part
to
the
Queens
Majesty
for
the
relief
of
the
Poor
in
the
Parish
where
the
offence
shall
be
committed
,
to
be
delivered
by
Warrant
of
the
principal
Officers
in
the
Receipt
of
the
Exchequer
,
without
further
Warrant
from
her
Majesty
,
and
the
other
third
part
to
such
person
as
will
sue
for
the
same
in
any
Court
of
Record
by
Action
of
Debt
,
Bill
,
Plaint
or
Information
:
In
which
Suit
no
Essoin
,
Protection
or
Wager
of
Law
shall
be
allowed
:
And
that
every
person
which
shall
forfeit
any
sums
of
money
by
vertue
of
this
Act
,
and
shall
not
be
able
,
or
shall
fail
to
pay
the
same
within
thrée
months
after
Iudgment
thereof
given
,
shall
be
committed
to
Prison
,
there
to
remain
until
he
have
paid
the
said
sums
,
or
conform
himself
to
go
to
Church
,
and
there
do
as
is
aforesaid
.
All
forfeitures
of
any
sums
of
money
limited
by
this
Act.
]
(
To
the
King
or
to
the
Queen
)
(
shall
forfeit
(
shall
forfeit
&
Rolles
Vachell
.
Vide
supra
Sect.
For
relief
of
the
Poor
in
the
Parish
.
]
Scot
William
Scot
Southwark
,
non
potest
constare
Curiae
,
The
principal
Officers
in
the
Receipt
of
Exchequer
.
To
such
person
as
will
sue
for
the
same
.
Cro.
Mich.
Broughton
,
Qui
tam
,
&c.
Cro.
Mich.
ad
habend'
&
exigend
'
and
where
Dalton
cap.
Eliz.
cap.
Jac.
cap.
Vide
Styles
Lawes
,
Hobart
Eliz.
cap.
Qui
tam
Cro.
Hill
.
Sir
Edward
Lenthall
Dalton
,
cap.
Informations
,
Sect.
Foster
,
Co.
&
Rolles
Sir
Edward
Lenthall
Jac.
cap.
Cro.
Jac.
Eliz.
cap.
Eliz.
cap.
St.
Georges
l.
per
Law
,
Rolles
Hussey
,
Savile
George
Curson
&
praedict
Cro.
Pasch.
John
Curson
John
Curson
Quod
ipsi
non
sunt
culpabiles
where
good
quod
ipsi
non
sunt
culpabiles
non
culp
Croke
,
Cro.
Mich.
John
Cursons
ipsi
non
sunt
culpabiles
Eliz.
cap.
Cro.
Mich.
Harris
,
Styles
Paris
,
Palmer
Termes
de
la
Ley
Action
Popular
nul
tiel
Record
Dalton
,
cap.
tit
.
Informations
,
Sect.
Cro.
Mich.
Eliz.
cap.
Bis
puniri
pro
uno
delicto
B.
R.
puis
le
darreine
continuance
Eliz.
cap.
Jac.
cap.
neque
falcator
,
neque
messor
John
Webb
Vide
Bridgman
John
Webb
Vide
Stat.
Jac.
cap.
Vide
Wymbishe
qui
tam
,
&c.
Cro.
Trin.
Lionel
Farringtons
Arundell
,
Hutton
Taylor
,
Co.
Termes
de
la
Ley
Compertum
fuit
in
magno
rotulo
Vide
Savile
ulterius
non
vult
prosequi
Sorrell
.
Leonard
Cro.
Trin.
Ibid.
Mich.
de
novo
,
Cro.
Pasch.
Of
discontinuance
of
Process
de
novo
Cro.
Trin.
Lionell
Farringtons
de
novo
enter
a
nolle
prosequi
Cro.
Trin.
Ibid.
Mic.
Griffith
.
Co.
Thomas
Waller
Hanger
,
Rolles
Eliz.
cap.
In
any
Court
of
Record
.
]
(
Court
of
Record
&c.
Jones
(
Court
of
Record
Ph.
&
Mar.
cap.
Woollen
Cloathes
,
Co.
Cro.
Mich.
Cro.
Trin.
Keymer
,
Hutton
Eliz.
cap.
Cro.
Hill
.
Goodale
.
Cro.
Trin.
in
Patriam
,
Dyer
Edward
Coke
Jac.
lib.
Catlin
,
Sanders
Jac.
cap.
Edward
Coke
(
viz.
Westminster
.
Cro.
Trin.
Edward
Cokes
Cro.
Car.
Vide
Rolles
By
Action
of
Debt
,
Bill
,
Plaint
or
Information
.
Eliz.
cap.
Vide
,
Co.
Cro.
Hill
.
Sheriffs
,
Co.
Within
threé
months
after
Iudgment
thereof
given
shall
be
committed
to
Prison
.
]
Qui
non
habet
in
aere
,
luet
in
corpore
.
Provided
also
,
That
every
person
,
which
usually
on
the
Sunday
shall
have
in
his
or
her
house
the
Divine
Service
which
is
established
by
the
Law
of
this
Realm
,
and
be
thereat
himself
,
or
her self
usually
or
most
commonly
present
,
and
shall
not
obstinately
refuse
to
come
to
Church
,
and
there
to
do
as
is
aforesaid
;
and
shall
also
four
times
in
the
year
at
the
least
be
present
at
the
Divine
Service
in
the
Church
of
the
Parish
where
he
or
she
shall
be
resident
,
or
in
some
other
open
Common
Church
,
or
such
Chappel
of
ease
,
shall
not
incur
any
pain
or
penalty
limited
by
this
Act
for
not
repairing
to
Church
.
And
be
it
likewise
Enacted
and
Declared
,
That
every
Grant
,
Conveyance
,
Bond
,
Iudgment
and
Execution
,
had
or
made
since
the
beginning
of
this
Session
of
Parliament
,
or
hereafter
to
be
had
or
made
,
of
Covinous
purpose
to
defraud
any
interest
,
right
or
title
that
may
or
ought
to
grow
to
the
Queén
,
or
to
any
other
person
by
means
of
any
Conviction
or
Iudgment
,
by
vertue
of
this
Statute
,
or
of
the
said
Statute
of
the
said
thirteenth
year
,
shall
be
,
and
be
adjudged
to
be
utterly
void
against
the
Quéen
,
and
against
such
as
shall
Sue
for
any
part
of
the
said
penalties
in
form
aforesaid
.
Since
the
beginning
of
this
Session
of
Parliament
.
]
John
Southwell
By
means
of
any
Conviction
or
Iudgment
.
]
Pauncefoot
Eliz.
cap.
Provided
alway
That
if
any
Peér
of
this
Realm
shall
happen
to
be
Indicted
of
any
Offence
made
Treason
or
misprision
of
Treason
by
this
Act
,
he
shall
have
his
Trial
by
his
Péers
,
as
in
other
like
Cases
is
accustomed
.
Provided
also
,
That
neither
this
Act
,
nor
any
thing
therein
contained
,
shall
extend
to
take
away
or
abridge
the
Authority
or
Iurisdiction
of
the
Ecclesiastical
Censures
for
any
cause
or
matter
:
But
that
the
Archbishops
and
Bishops
,
and
other
Ecclesiastical
Iudges
may
do
and
proceed
,
as
before
the
making
of
this
Act
they
lawfully
did
or
might
have
done
:
Any
thing
in
this
Act
to
the
Contrary
notwithstanding
.
John
Baptist
John
Baptist
And
this
must
be
comprised
in
the
Indictment
,
but
it
need
not
be
shewn
in
what
particular
place
he
was
born
,
but
generally
,
Quod
J.
S.
natus
infra
hoc
regnum
Angliae
,
&c.
Popham
94.
Southwells
Case
.
And
so
it
must
be
alledged
in
the
Indictment
that
he
was
made
a
Jesuit
or
Priest
,
&c.
by
Authority
challenged
or
pretended
from
the
See
of
Rome
;
but
it
need
not
be
shewn
where
he
was
made
a
Jesuit
or
Priest
,
&c.
whether
beyond
Sea
,
or
within
the
Realm
:
for
wheresoever
it
was
,
it
is
within
this
Law
,
if
he
were
made
so
by
the
pretended
Authority
of
the
See
of
Rome
.
Popham
94.
Southwells
Case
.
In
the
late
Additions
to
Dalton
cap.
140.
tit
.
High
Treason
,
Sect.
13.
't
is
said
,
That
the
Clause
in
this
Statute
touching
those
who
receive
,
relieve
or
maintain
a
Jesuit
,
&c.
relates
only
to
such
as
had
before
that
time
taken
Orders
;
which
conceit
I
suppose
is
grounded
upon
those
words
(
viz.
&c.
)
as
if
no
Jesuit
or
Priest
were
here
intended
,
but
such
an
one
as
was
then
a
Jesuit
or
Priest
,
and
had
forty
days
given
him
for
his
departure
,
nor
no
person
a
Felon
by
this
Act
who
receives
or
relieves
any
other
.
But
the
words
here
(
viz.
&c.
)
seem
to
be
more
extensive
,
and
to
relate
as
well
to
the
receivers
or
relievers
of
a
Jesuit
or
Priest
in
Orders
at
this
day
,
as
to
those
who
were
in
Orders
at
the
time
of
making
this
Statute
.
And
if
we
weigh
the
Grammatical
construction
of
the
words
,
with
much
more
reason
the
former
then
the
later
:
For
the
proximum
antecedens
to
is
the
Jesuit
or
Priest
,
who
was
to
be
made
,
ordained
or
professed
,
and
not
he
that
was
then
made
,
ordained
or
professed
already
.
And
those
words
in
this
Clause
of
relieving
,
(
viz.
)
&c.
that
is
,
forty
days
next
after
the
end
of
that
Session
of
Parliament
,
may
well
be
construed
to
extend
to
all
Cases
,
as
well
of
receiving
or
relieving
such
who
should
be
afterwards
in
Orders
,
and
should
be
found
within
the
Realm
for
the
time
to
come
,
at
any
time
after
those
forty
days
,
as
of
such
who
were
then
in
Orders
,
and
were
to
depart
before
the
forty
days
were
expired
:
so
that
the
receiving
,
relieving
or
maintaining
of
a
Jesuit
,
Popish
Priest
,
or
other
Popish
Ecclesiastical
person
at
liberty
,
and
known
by
the
party
to
be
such
,
is
Felony
at
this
day
by
this
Act
,
and
the
Offender
shall
lose
the
benefit
of
his
Clergy
;
and
so
hath
the
Law
been
taken
upon
Actions
of
the
Case
for
saying
the
Plaintiff
kept
a
Seminary
Priest
or
Jesuit
in
his
House
,
knowing
him
to
be
such
.
Cro.
Pasch.
10
Jac.
300.
Smith
versus
Flynt
.
Palmer
410.
Clerke
and
Loggins
Case
.
By
this
word
it
seems
that
none
are
intended
here
,
but
such
as
were
sent
out
of
this
Realm
:
For
others
born
and
resident
in
some
other
part
of
the
Kings
Dominions
until
their
entry
into
such
Collledge
or
Seminary
,
cannot
be
properly
said
to
return
hither
.
What
Laws
are
here
meant
,
Vide
Sect.
7.
A
Subject
of
the
Kings
sent
out
of
England
to
a
Popish
Colledge
or
Seminary
,
is
commanded
by
Proclamation
made
in
London
to
return
into
this
Realm
,
and
within
the
six
months
here
limited
,
first
goes
into
Ireland
and
then
comes
into
England
,
and
within
two
days
submits
himself
,
and
takes
the
Oath
of
Supremacy
;
In
this
Case
notwithstanding
his
return
into
England
within
the
six
months
,
he
shall
be
guilty
of
High
Treason
:
For
after
such
Proclamation
he
ought
to
have
come
directly
into
England
,
and
into
no
other
of
the
late
Queens
Dominions
before
he
had
been
in
England
,
and
if
he
doth
,
he
comes
into
the
said
Dominions
otherwise
then
is
appointed
by
this
Act
:
For
the
intent
of
the
Act
seems
to
be
,
That
he
should
not
remain
in
any
of
the
said
Dominions
until
he
submits
and
takes
the
Oath
;
which
submission
must
be
made
,
and
Oath
taken
in
England
within
two
days
after
his
arrival
here
and
not
elsewhere
.
And
although
the
Oath
of
Supremacy
be
in
force
in
Ireland
,
yet
his
taking
it
there
will
not
serve
,
nor
yet
his
submission
there
:
For
he
is
to
submit
to
the
King
and
his
Laws
,
by
which
are
intended
the
Laws
of
England
and
no
other
:
But
a
submission
in
Ireland
to
the
Kings
Laws
,
can
be
taken
to
be
of
such
Laws
only
as
are
in
force
in
Ireland
.
And
in
this
Case
the
Offender
may
be
tryed
here
in
England
,
although
his
Offence
was
committed
in
Ireland
,
and
that
by
force
of
the
Statute
of
35
H.
8.
cap.
2.
notwithstanding
the
Statute
of
1
&
2
Ph.
&
Mar.
cap.
10.
For
it
was
resolved
by
all
the
Judges
of
England
in
the
Case
of
Ororke
,
33
Eliz.
that
Treason
committed
in
Ireland
may
be
tryed
in
England
.
And
the
like
resolution
was
in
Sir
John
Perrots
Case
.
34
Eliz.
Co.
7.
23.
Calvins
Case
.
Co.
1.
Inst.
261.
Co.
3.
Inst.
11.
Dyer
13
Eliz.
298.
Dr.
Stories
Case
.
Anderson
1.
263.
C.
269.
Ororkes
Case
.
And
if
a
Subject
of
England
,
who
is
a
Peer
of
Ireland
,
be
sent
to
any
such
Colledge
or
Seminary
,
and
offend
as
aforesaid
,
he
may
be
tried
in
England
by
a
common
Jury
,
notwithstanding
the
offence
was
in
Ireland
where
he
is
a
Peer
;
contrary
to
Dyer
,
19
&
20
Eliz.
360.
where
't
is
said
that
Wray
,
Dyer
and
Gerard
Attorney
General
,
were
of
opinion
,
That
a
Peer
of
Ireland
cannot
be
tryed
in
England
for
Treason
done
in
Ireland
,
because
he
cannot
here
have
his
Tryal
by
his
Peers
;
but
this
is
not
Law
,
and
Sir
Christopher
Wray
protested
,
he
never
gave
any
such
opinion
but
held
the
contrary
.
Co.
1.
Inst.
261.
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
.
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.
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
.
That
is
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
Heir
or
Successor
;
as
was
adjudged
in
the
Case
of
an
Annuity
granted
to
Sir
Thomas
Wroth
during
his
life
.
Plowden
457.
And
not
any
person
,
as
Wingate
tit
.
Crowne
numb.
59.
mistakes
.
What
is
meant
by
a
Subject
of
this
Realm
.
Vide
Stat.
3
Jac.
cap.
4.
Sect.
23.
Vide
Stat.
35
Eliz.
cap.
2.
Sect.
8.
In
this
Case
the
Offender
must
be
proceeded
against
according
to
the
course
of
Law
,
for
he
cannot
be
fined
or
imprisoned
at
the
Kings
pleasure
by
force
of
this
Statute
before
he
be
Indicted
,
Convicted
and
Judgment
given
against
him
.
And
so
were
the
proceedings
against
Sir
Thomas
Figet
for
going
armed
,
contrary
to
the
Statute
of
2
E.
3.
cap.
3.
For
the
Book
24
E.
3.
33.
saith
that
he
was
arraigned
,
&c.
And
if
in
this
Case
the
Offender
be
committed
to
prison
in
order
to
his
Trial
and
conviction
,
yet
before
Judgment
,
or
at
least
before
conviction
he
may
be
let
to
mainprize
;
and
the
Fine
shall
be
imposed
by
the
Justices
before
whom
he
is
convicted
.
Justiciarii
per
eorum
discretionem
assessent
finem
&
non
Dominus
Rex
per
se
in
Camera
sua
,
nec
aliter
coram
se
nisi
per
Justiciarios
suos
:
&
haec
est
voluntas
Regis
(
viz.
)
per
Justiciarios
suos
&
legem
suam
,
unum
est
dicere
.
2
R.
3.
11.
vide
Co.
4.
Inst.
71.
179.
Note
,
Sir
Robert
Brook
,
in
abridging
the
forementioned
Case
of
Sir
Thomas
Figet
,
saith
,
that
he
was
committed
to
the
Prison
of
the
Marshalsey
,
and
could
not
be
mainprized
until
the
King
had
signified
his
pleasure
;
but
omits
the
principal
matter
worthy
of
observation
(
viz.
)
That
he
was
first
arraigned
&c.
Bro.
Contempts
6.
FOr
avoiding
of
all
Frauds
and
Delays
heretofore
practised
,
or
hereafter
to
be
put
in
ure
to
the
hindrance
of
the
due
and
spéedy
Execution
of
the
Statute
made
in
the
Session
of
Parliament
holden
by
Prorogation
at
the
sixtéenth
day
of
in
the
thrée
and
twentieth
year
of
the
Reign
of
our
most
gracious
Soveraign
Lady
the
Quéens
Majesty
,
Entituled
,
Be
it
Enacted
by
Authority
of
this
present
Parliament
,
That
every
Feoffment
,
Gift
,
Grant
,
Conveyance
,
Alienation
,
Estate
,
Lease
,
Incumbrance
and
Limitation
of
use
of
,
or
out
of
any
Lands
,
Tenements
or
Hereditaments
whatsoever
,
had
or
made
at
any
time
since
the
beginning
of
the
Quéens
Majesties
Reign
,
or
at
any
time
hereafter
to
be
had
or
made
by
any
person
which
hath
not
repaired
,
or
shall
not
repair
to
some
Church
,
Chappel
,
or
usual
place
of
Common
Prayer
,
but
hath
forborn
or
shall
forbear
the
same
contrary
to
the
tenor
of
the
said
Statute
;
and
which
is
or
shall
be
revocable
at
the
pleasure
of
such
offender
,
or
in
any
wise
directly
or
indirectly
meant
or
intended
to
or
for
the
behoof
,
relief
or
maintenance
,
or
at
the
disposition
of
any
such
offender
,
or
wherewith
or
whereby
,
or
in
consideration
whereof
such
Offender
or
his
Family
shall
be
maintained
,
relieved
or
kept
,
shall
be
déemed
and
taken
to
be
utterly
frustrate
and
void
,
as
against
the
Queéns
Majesty
,
for
or
concerning
the
levying
and
paying
of
such
sums
of
money
as
any
such
person
by
the
Laws
or
Statutes
of
this
Realm
already
made
,
ought
to
pay
or
forfeit
for
not
coming
,
or
repairing
to
any
Church
,
Chappel
,
or
usual
place
of
Common
Prayer
,
or
for
saying
,
hearing
or
being
at
any
Mass
,
and
shall
also
be
seized
and
had
to
and
for
her
Majesties
use
and
behoof
,
as
hereafter
in
this
Act
is
mentioned
:
Any
pretence
,
colour
,
faigned
consideration
or
expressing
of
any
use
to
the
contrary
notwithstanding
.
And
further
be
it
Enacted
by
the
Authority
aforesaid
,
That
every
Conviction
heretofore
recorded
for
any
Offence
before-mentioned
,
not
already
estreated
or
certified
into
the
Quéens
Majesties
Court
of
Exchequer
,
shall
from
the
Iustices
before
whom
the
Record
of
such
Conviction
shall
be
remaining
,
be
estreated
and
certified
into
the
Queéns
Majesties
Court
of
Exchequer
,
before
the
end
of
Term
next
coming
,
in
such
convenient
certainty
for
the
time
and
other
circumstances
,
as
the
Court
of
Exchequer
may
thereupon
award
out
Process
for
seizure
of
the
Lands
and
Goods
of
every
such
Offender
as
hath
not
paid
their
said
forfeitures
,
according
to
the
Laws
and
Statutes
in
such
Case
provided
:
In
what
Courts
Conviction
of
Recusancy
shall
be
.
And
that
every
Conviction
hereafter
for
any
offence
before
mentioned
,
shall
be
in
the
Court
commonly
called
the
Kings
Bench
,
or
at
the
Assizes
or
general
Goal
delivery
,
and
not
elsewhere
,
and
shall
from
the
Iustices
before
whom
the
Record
of
such
Conviction
shall
remain
,
be
estreated
and
certified
into
the
said
Court
of
Exchequer
,
before
the
end
of
the
Term
next
ensuing
after
every
such
Conviction
,
in
such
convenient
certainty
as
is
aforementioned
.
Edward
Coke
Eliz.
cap.
Edward
Coke
Edward
Coke
Foster
lib.
(
viz.
Lovell
.
Hobart
Edward
Coke
(
and
not
elsewhere
Edward
Plowdens
Jac.
cap.
And
be
it
also
Enacted
by
the
Authority
aforesaid
,
Stat.
Sect.
3.
At
what
time
the
money
forfeited
for
not
going
to
the
Church
shall
be
paid
.
That
every
such
Offender
in
not
repairing
to
Divine
Service
,
but
forbearing
the
same
contrary
to
the
said
Estatute
,
as
hath
beén
heretofore
convicted
for
such
Offence
,
and
hath
not
made
submission
and
béen
conformable
according
to
the
true
meaning
of
the
said
Statute
,
shall
without
any
other
Indictment
or
Conviction
pay
into
the
Receipt
of
the
said
Exchequer
all
such
sums
of
money
,
as
according
to
the
Rate
of
twenty
pounds
for
every
month
sithence
the
same
Conviction
,
do
yet
remain
unpaid
,
in
form
as
hereafter
ensueth
;
that
is
to
say
,
the
one
moiety
thereof
before
the
end
of
the
next
Term
,
and
the
other
moiety
thereof
before
the
end
of
the
next
Term
,
or
at
any
such
other
times
,
as
by
the
Lord
Treasurer
,
Chancellor
and
Chief
Baron
of
the
Exchequer
,
or
any
two
of
them
,
shall
by
composition
,
upon
good
Bond
and
Surety
taken
,
be
limited
before
the
end
of
the
said
next
Term
,
if
any
such
Composition
shall
happen
to
be
:
And
shall
also
in
every
Term
,
until
such
time
as
the
same
person
do
make
Submission
and
be
Conformable
,
according
to
the
true
meaning
of
the
said
Statute
,
pay
into
the
said
Receipt
of
the
Exchequer
twenty
pounds
for
every
month
,
which
shall
incur
in
all
that
mean
time
.
And
be
it
also
Enacted
by
the
Authority
aforesaid
,
That
every
such
Offender
in
not
repairing
to
Divine
Service
,
but
forbearing
the
same
contrary
to
the
said
Estatute
,
as
hereafter
shall
fortune
to
be
thereof
once
convicted
,
shall
in
such
of
the
Terms
of
as
shall
be
next
after
such
Conviction
,
pay
into
the
said
Receipt
of
the
Exchequer
after
the
rate
of
twenty
pounds
for
every
month
,
which
shall
be
contained
in
the
Indictment
whereupon
such
Conviction
shall
be
:
And
shall
also
for
every
month
after
such
Conviction
,
without
any
other
Indictment
or
Conviction
,
pay
into
the
Receipt
of
the
Exchequer
aforesaid
at
two
times
in
the
year
,
that
is
to
say
,
in
every
Term
and
Term
,
as
much
as
then
shall
remain
unpaid
,
after
the
rate
of
Twenty
pounds
for
every
month
after
such
Conviction
.
The
Queen
may
take
all
the
Goods
and
two
parts
of
the
Lands
and
Leases
of
the
Offender
who
pays
not
20
l.
a
month
.
And
if
default
shall
be
made
in
any
part
of
any
payment
aforesaid
,
contrary
to
the
form
herein
before
limited
,
that
then
and
so
often
the
Quéens
Majesty
,
shall
and
may
by
Process
out
of
the
said
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
this
Act
,
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
.
Once
convicted
.
Eliz.
cap.
Jac.
cap.
(
It
should
be
twenty
pounds
)
Eliz.
cap.
l.
per
l.
per
(
Convicted
(
Conviction
l.
per
l.
per
(
Convicted
Eliz.
cap.
l
per
In
such
of
the
Terms
of
For
every
month
after
such
Conviction
.
]
l.
per
Eliz.
cap.
antea
,
&
Jac.
cap.
Take
,
seize
and
enjoy
.
]
Paris
Stoughters
Bro.
tit
.
Office
Cro.
Eliz.
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.
All
the
goods
.
B.
R.
Jac.
Rolles
(
goods
)
(
take
and
seize
(
enjoy
Hereditaments
.
Jac.
c.
Stat.
infra
,
Sect.
All
other
the
Lands
,
Tenements
and
Hereditaments
,
liable
to
such
seisure
or
to
the
penalties
aforesaid
.
]
Vide
Savile
(
viz.
Everet
,
Mich.
all
other
the
Lands
,
&c.
liable
to
such
seizure
or
to
the
penalties
aforesaid
:
Vide
Owen
And
for
the
more
spéedy
conviction
of
such
Offender
,
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
,
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
.
]
Edward
Plowden
Jac.
cap.
Shall
be
rendred
to
the
Sheriff
.
]
Vide
Stat.
Jac.
cap.
Before
the
said
next
Assizes
or
general
Gaol
delivery
.
]
Vide
Stat.
Jac.
cap.
Make
appearance
of
Record
.
Vide
Stat.
Jac.
cap.
Vpon
such
default
.
Tit.
Crowne
numb.
As
sufficient
a
Conviction
in
Law
.
]
Eliz.
cap.
Vide
Co.
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
,
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
the
arrearages
of
twenty
pounds
monthly
,
before
such
seizure
due
or
payable
,
shall
ensue
or
be
continued
against
such
Offender
,
so
long
as
the
same
person
shall
continue
in
coming
to
Divine
Service
,
according
to
the
intent
of
the
said
Estatute
.
(
and
full
satisfaction
of
all
the
Arrearages
:
)
B.
R.
Eliz.
cap.
(
due
and
payable
Jac.
cap.
l.
per
(
due
and
payable
(
such
Offender
(
viz.
Jac.
cap.
l.
per
Jac.
cap.
l
per
l.
per
Vide
Lane
l.
per
And
where
by
the
said
former
Estatute
,
the
third
part
of
the
forfeitures
for
not
coming
to
Divine
Service
is
limited
to
the
Poor
:
Be
it
further
Enacted
by
the
Authority
aforesaid
,
That
it
shall
and
may
be
lawful
to
and
for
the
Lord
Treasurer
of
Chancellor
and
Chief
Baron
of
the
Exchequer
for
the
time
being
,
or
two
of
them
,
to
assign
and
dispose
of
the
full
third
part
of
the
twenty
pounds
for
every
month
,
paid
or
to
be
paid
into
the
Receipt
of
the
Exchequer
as
is
aforesaid
,
for
the
relief
and
maintenance
as
well
of
the
Poor
,
and
of
the
Houses
of
Correction
,
as
of
impotent
and
maimed
Soldiers
,
as
the
same
Lord
Treasurer
,
Chancellor
and
Chief
Baron
,
or
any
two
of
them
,
shall
order
or
appoint
:
Any
thing
in
the
said
Estatute
made
in
the
said
thrée
and
twentieth
year
of
her
Majesties
Reign
mentioned
to
the
contrary
thereof
in
any
wise
notwithstanding
.
Qui
tam
,
&c.
Eliz.
cap.
Provided
always
,
That
this
Act
,
or
any
thing
therein
contained
,
shall
not
in
any
wise
extend
or
be
construed
to
make
void
or
impeach
any
Grant
or
Lease
heretofore
to
be
made
without
fraud
or
covin
,
whereupon
any
yearly
Rent
or
payment
is
reserved
or
payable
,
or
any
Grant
or
Lease
hereafter
to
be
made
without
fraud
or
covin
,
whereupon
the
accustomed
yearly
Rent
or
more
shall
be
reserved
,
or
any
other
Conveyance
,
Assurance
or
Assignment
whatsoever
heretofore
made
upon
good
consideration
and
without
fraud
or
covin
,
which
is
not
,
or
shall
not
be
revokable
at
the
pleasure
of
such
Offender
,
otherwise
then
to
give
benefit
and
title
to
her
Majesty
her
Heirs
and
Successors
,
to
have
,
perceive
and
enjoy
such
Rents
and
Payments
during
the
continuance
of
such
Lease
or
Grant
,
according
to
the
true
meaning
of
this
Act.
And
provided
also
,
That
this
Act
or
any
thing
therein
contained
,
shall
not
in
any
wise
extend
or
be
construed
to
continue
any
seizure
of
any
Lands
or
Tenements
of
such
Offender
in
her
Majesties
hands
,
or
in
the
hands
of
her
Heirs
or
Successors
,
after
the
said
Offenders
death
,
which
Lands
or
Tenements
he
shall
have
or
be
seized
of
only
for
term
of
his
life
,
or
in
the
Right
of
his
Wife
:
Any
thing
in
this
Act
to
the
contrary
in
any
wise
notwithstanding
.
FOR
preventing
and
avoiding
of
such
great
inconveniencies
and
perils
as
might
happen
and
grow
by
the
wicked
and
dangerous
practices
of
seditious
Sectaries
and
disloyal
persons
.
Be
it
Enacted
by
the
Queéns
most
Excellent
Majesty
,
and
by
the
Lords
Spiritual
and
Temporal
,
and
the
Commons
in
this
present
Parliament
assembled
,
and
by
the
Authority
of
the
same
,
That
if
any
person
or
persons
above
the
age
of
sixteen
years
,
which
shall
obstinately
refuse
to
repair
to
some
Church
,
Chappel
or
usual
place
of
Common
Prayer
to
hear
Divine
Service
,
established
by
her
Majesties
Laws
and
Statutes
in
that
behalf
made
,
and
shall
forbear
to
do
the
same
by
the
space
of
a
month
next
after
,
without
any
lawful
cause
,
shall
at
any
time
after
forty
days
next
after
the
end
of
this
Session
of
Parliament
,
by
Printing
,
Writing
or
express
words
or
speéches
,
advisedly
or
purposely
,
practise
or
go
about
to
move
or
perswade
any
of
her
Majesties
Subjects
,
or
any
other
within
her
Highness
Realms
or
Dominions
to
deny
,
withstand
and
impugne
her
Majesties
Power
and
Authority
in
cases
Ecclesiastical
,
united
and
annexed
to
the
Imperial
Crown
of
this
Realm
,
or
to
that
end
or
purpose
shall
advisedly
and
maliciously
move
or
perswade
any
other
person
whatsoever
to
forbear
or
abstain
from
coming
to
Church
to
hear
Divine
Service
,
or
to
receive
the
Communion
according
to
her
Majesties
Laws
and
Statutes
aforesaid
,
or
to
come
to
,
or
to
be
present
at
any
unlawful
Assemblies
,
Conventicles
or
Meétings
,
under
colour
or
pretence
of
any
exercise
of
Religion
,
contrary
to
her
Majesties
said
Laws
and
Statutes
.
Or
if
any
person
or
persons
which
shall
obstinately
refuse
to
repair
to
some
Church
,
Chappel
or
usual
place
of
Common
Prayer
,
and
shall
forbear
by
the
space
of
a
month
to
hear
Divine
Service
,
as
is
aforesaid
,
shall
after
the
said
forty
days
,
either
of
him
or
themselves
,
or
by
the
motion
perswasion
,
inticement
or
allurement
of
any
other
,
willingly
joyn
in
,
or
be
present
at
any
such
Assemblies
,
Conventicles
or
Méetings
under
colour
or
pretence
of
any
such
exercise
of
Religion
,
contrary
to
the
Laws
and
Statutes
of
this
Realm
,
as
is
aforesaid
,
That
then
every
such
person
so
offending
as
aforesaid
,
and
being
thereof
lawfully
convicted
,
shall
be
committed
to
Prison
,
there
to
remain
without
Bail
or
Mainprize
,
until
they
shall
conform
and
yield
themselves
to
come
to
some
Church
,
Chappel
or
usual
place
of
Common
Prayer
,
and
hear
Divine
Service
,
according
to
her
Majesties
Laws
and
Statutes
aforesaid
,
and
to
make
such
open
submission
and
Declaration
of
their
said
Conformity
,
as
hereafter
in
this
Act
is
declared
and
appointed
.
Which
shall
obstinately
refuse
to
repair
,
&c.
shall
&c.
by
Printing
,
&c.
]
Wingate
tit
.
Crowne
numb.
Vnder
colour
or
pretence
of
any
exercise
of
Religion
.
]
Eliz.
cap.
Being
thereof
lawfully
convicted
.
(
viz.
Cro.
Mich.
Provided
always
and
be
it
further
Enacted
by
the
Authority
aforesaid
,
That
if
any
such
person
or
persons
which
shall
offend
against
this
Act
as
aforesaid
,
shall
not
within
thrée
months
next
after
they
shall
be
convicted
for
their
said
Offence
,
conform
themselves
to
the
obedience
of
the
Laws
and
Statutes
of
this
Realm
,
in
coming
to
the
Church
to
hear
Divine
Service
,
and
in
making
such
publick
Confession
and
Submission
as
hereafter
in
this
Act
is
appointed
and
expressed
,
being
thereunto
required
by
the
Bishop
of
the
Diocess
,
or
any
Iustice
of
the
Peace
of
the
County
where
the
same
person
shall
happen
to
be
,
or
by
the
Minister
or
Curate
of
the
Parish
:
That
in
every
such
Case
,
every
such
Offender
being
thereunto
warned
or
required
by
any
Iustice
of
the
Peace
of
the
same
County
where
such
Offenders
shall
then
be
,
shall
upon
his
and
their
Corporal
Oath
before
the
Iustices
of
the
Peace
in
the
open
Quarter
Sessions
of
the
same
County
,
or
at
the
Assizes
and
Goal
delivery
of
the
same
County
,
before
the
Iustices
of
the
same
Assizes
and
Goal
delivery
,
abjure
this
Realm
of
and
all
other
the
Queéns
Majesties
Dominions
forever
,
unless
her
Majesty
shall
licence
the
party
to
return
:
And
thereupon
shall
depart
out
of
this
Realm
at
such
Haven
or
Port
,
and
within
such
time
as
shall
in
that
behalf
be
assigned
and
appointed
by
the
said
Iustices
before
whom
such
abjuration
shall
be
made
,
unless
the
same
Offender
be
letted
or
stayed
by
such
lawful
and
reasonable
means
or
causes
,
as
by
the
Common
Laws
of
this
Realm
are
permitted
and
allowed
in
Cases
of
abjuration
for
felony
.
And
in
such
cases
of
let
or
stay
,
then
within
such
reasonable
and
convenient
time
after
,
as
the
Common
Law
requireth
in
Case
of
abjuration
for
Felony
as
is
aforesaid
.
And
that
the
Iustices
of
Peace
,
before
whom
any
such
abjuration
shall
happen
to
be
made
as
is
aforesaid
,
shall
cause
the
same
presently
to
be
entred
of
Record
before
them
,
and
shall
certifie
the
same
to
the
Iustices
of
Assizes
and
Goal
delivery
of
the
County
,
at
the
next
Assizes
of
Goal
delivery
to
be
holden
in
the
same
County
.
Being
thereunto
required
by
the
Bishop
,
&c.
or
any
Iustice
of
the
Peace
,
&c.
]
Abjure
this
Realm
of
Vide
Stat.
Eliz.
cap.
And
if
any
such
Offender
which
by
the
tenor
and
intent
of
this
Act
is
to
be
abjured
as
is
aforesaid
,
shall
refuse
to
make
Abjuration
as
is
aforesaid
,
or
,
after
such
Abjuration
made
,
shall
not
go
to
such
Haven
,
and
within
such
time
as
is
before
appointed
,
and
from
thence
depart
out
of
this
Realm
according
to
this
present
Act
,
or
after
such
his
departure
shall
return
,
or
come
again
into
any
her
Majesties
Realms
or
Dominions
,
without
her
Majesties
special
Licence
in
that
behalf
first
had
and
obtained
;
That
then
in
every
such
Case
the
person
so
offending
shall
be
adjudged
a
Felon
,
and
shall
suffer
as
in
Case
of
Felony
,
without
benefit
of
Clergy
.
And
furthermore
be
it
Enacted
by
the
Authority
of
this
present
Parliament
,
That
if
any
person
or
persons
that
shall
at
any
time
hereafter
offend
against
this
Act
,
shall
before
he
or
they
be
so
warned
or
required
to
make
Abjuration
according
to
the
tenor
of
this
Act
,
repair
to
some
Parish
Church
on
some
or
other
Festival
day
,
and
then
and
there
hear
Divine
Service
;
And
at
Service
time
before
the
Sermon
or
reading
of
the
Gospel
,
make
publick
and
open
Submission
and
Declaration
of
his
and
their
Conformity
to
her
Majesties
Laws
and
Statutes
as
hereafter
in
this
Act
is
declared
and
appointed
,
That
then
the
same
Offender
shall
thereupon
be
clearly
discharged
of
and
from
all
and
every
the
penalties
and
punishments
inflicted
or
imposed
by
this
Act
for
any
of
the
Offences
aforesaid
.
(
viz.
Recusants
Sect.
Stoke
Goldenham
Eliz.
cap.
The
same
Submission
to
be
as
hereafter
followeth
,
that
is
to
say
,
A.
B.
Or
any
colour
or
means
of
any
Dispensation
.
Wingate
tit
.
Crown
numb
Her
Majesties
Laws
and
Statutes
Vide
Stat.
Eliz.
cap.
Jac.
cap.
And
for
the
more
spéedy
levying
and
recovering
for
,
and
by
the
Quéens
Majesty
of
all
and
singular
the
pains
,
duties
,
forfeitures
and
payments
which
at
any
time
hereafter
shall
accrue
,
grow
,
or
be
payable
by
virtue
of
this
Act
,
or
of
the
Statute
made
in
the
threé
and
twentieth
year
of
her
Majesties
Reign
concerning
Recusants
:
Be
it
Enacted
by
the
Authority
aforesaid
,
That
all
and
every
the
said
pains
,
duties
,
forfeitures
and
payments
shall
and
may
be
recovered
and
levied
to
her
Majesties
use
,
by
Action
of
Debt
,
Bill
,
Plaint
,
Information
,
or
otherwise
,
in
any
of
the
Courts
commonly
called
the
Kings
Bench
,
Common
Pleas
or
Exchequer
,
in
such
sort
and
in
all
respects
as
by
the
ordinary
course
of
the
Common
Laws
of
this
Realm
,
any
other
Debt
due
by
any
such
person
in
any
other
Case
should
or
may
be
recovered
or
levied
,
wherein
no
essoign
,
protection
or
wager
of
Law
shall
be
admitted
or
allowed
.
All
and
every
the
said
pains
,
duties
,
forfeitures
and
payments
.
]
Eliz.
cap.
Eliz.
cap.
&
Rolles
Cro.
Pasch.
&
Bridgman
To
her
Majesties
use
Eliz.
cap.
Shall
and
may
be
recovered
.
]
Eliz.
cap.
(
viz.
Eliz.
cap.
By
Action
of
Debt
,
Bill
,
Plaint
,
Information
.
]
The
Kings-Bench
,
Common-Pleas
,
or
Exchequer
.
]
Eliz.
cap.
Eliz.
cap.
(
viz.
Qui
tam
&c.
Vide
Stat.
Eliz.
cap.
As
&c.
any
other
Debt
&c.
should
or
may
be
recovered
.
]
Eliz.
cap.
Stat.
Sect.
In
such
sort
,
and
in
all
respects
,
as
by
the
ordinary
course
of
the
Common
Laws
of
this
Realm
,
any
other
Debt
due
by
any
such
person
,
in
any
other
Case
,
should
or
may
be
recovered
.
Co.
Law
&
son
feme
.
Savile
Provided
always
That
the
third
part
of
the
penalties
to
be
had
or
received
by
vertue
of
this
Act
shall
be
imployed
and
bestowed
to
such
good
and
charitable
uses
,
and
in
such
manner
and
form
as
is
limited
and
appointed
in
the
Statute
made
in
the
year
of
her
Majesties
Reign
touching
Recusants
.
Eliz.
cap.
Provided
also
,
That
no
Popish
Recusant
,
or
Feme
Covert
shall
be
compelled
or
bound
to
abjure
by
vertue
of
this
Act.
No
Popish
Recusant
.
Wingate
,
tit
.
Crowne
n.
Or
Feme
Covert
.
Dalton
,
cap.
tit
.
Recusants
,
Sect.
Provided
also
,
That
every
person
that
shall
abjure
by
force
of
this
Act
,
or
refuse
to
abjure
,
being
thereunto
required
as
aforesaid
,
shall
forfeit
and
lose
to
her
Majesty
all
his
goods
and
chattels
forever
;
and
shall
further
lose
all
his
Lands
,
Tenements
and
Hereditaments
,
for
and
during
the
life
only
of
such
offender
,
and
no
longer
:
and
that
the
Wife
of
any
Offender
,
by
force
of
this
Act
,
shall
not
lose
her
dower
:
nor
that
any
corruption
of
Blood
shall
grow
,
or
be
by
reason
of
any
offence
mentioned
in
this
Act
,
but
that
the
heir
of
every
such
Offender
,
by
force
of
this
Act
,
shall
and
may
after
the
death
of
every
Offender
,
have
and
enjoy
the
Lands
,
Tenements
and
Hereditaments
of
such
Offender
,
as
if
this
Act
had
not
beén
made
.
And
this
Act
to
continue
no
longer
than
to
the
end
of
the
next
Session
of
Parliament
.
Eliz.
cap.
Vide
Owen
FOr
the
better
discovering
and
avoiding
of
such
Traiterous
and
most
dangerous
Conspiracies
and
Attempts
as
are
daily
devised
and
practiced
against
our
most
gracious
Soveraign
Lady
the
Queéns
Majesty
,
and
the
happy
estate
of
this
Common-weal
,
by
sundry
wicked
and
seditious
persons
,
who
terming
themselves
Catholicks
,
and
being
(
indéed
)
spies
and
intelligencers
,
not
only
for
her
Majesties
forreign
Enemies
,
but
also
for
Rebellious
and
Traiterous
Subjects
born
within
her
Highness
Realms
and
Dominions
,
and
hiding
their
most
detestable
and
divellish
purposes
under
a
false
pretext
of
Religion
and
Conscience
,
do
secretly
wander
and
shift
from
place
to
place
within
this
Realm
to
corrupt
and
seduce
her
Majesties
Subjects
,
and
to
stir
them
to
Sedition
and
Rebellion
.
Be
it
Ordained
and
Enacted
by
our
Soveraign
Lady
the
Quéens
Majesty
,
and
the
Lords
Spiritual
and
Temporal
,
and
the
Commons
in
this
present
Parliament
assembled
,
and
by
the
Authority
of
the
same
,
That
every
person
above
the
age
of
sixtéen
years
,
born
within
any
of
the
Quéens
Majesties
Realms
and
Dominions
,
or
made
Denizen
,
being
a
Popish
Recusant
,
and
before
the
end
of
this
Session
of
Parliament
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
tenor
of
the
Laws
and
Statutes
heretofore
made
and
provided
in
that
behalf
,
and
having
any
certain
place
of
dwelling
and
abode
within
this
Realm
,
shall
within
forty
days
next
after
the
end
of
this
Session
of
Parliament
(
if
they
be
within
this
Realm
and
not
restrained
or
stayed
,
either
by
Imprisonment
,
or
by
her
Majesties
Commandment
,
or
by
order
or
direction
of
some
six
or
more
of
the
Privy
Council
,
or
by
such
sickness
and
infirmity
of
body
as
they
shall
not
be
able
to
Travel
without
imminent
danger
of
Life
,
and
in
such
Cases
of
absence
out
of
the
Realm
,
restraint
or
stay
,
then
within
days
next
after
they
shall
return
into
the
Realm
and
be
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
.
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
,
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
.
Born
within
any
her
Majesties
Realms
or
Dominions
,
or
made
Denizen
.
]
Wingate
tit
.
Crown
n.
Dalton
cap.
Recusants
Sect.
Which
being
then
a
Popish
Recusant
.
]
Dalton
cap.
Recusants
,
Sect.
(
viz.
Jac.
cap.
(
viz.
&c.
Vide
Co.
lib.
intr
.
devenit
Papalis
Recusans
convictus
Jac.
cap.
(
then
(
viz.
)
having
any
certain
place
of
dwelling
and
abode
within
this
Realm
(
then
being
then
a
Popish
Recusant
(
viz.
)
one
who
hath
a
certain
place
of
dwelling
and
abode
within
this
Realm
Above
five
miles
.
Cro.
Hill
.
Dalton
.
V.
cap.
Weights
and
Measures
Eliz.
cap.
Rastall
.
London
Eliz.
cap.
Vide
Dalton
,
V.
supra
And
be
it
also
Enacted
by
the
Authority
aforesaid
,
That
every
person
above
the
age
of
sixteén
years
,
born
within
any
her
Majesties
Realms
or
Dominions
,
not
having
any
certain
place
of
dwelling
and
abode
within
this
Realm
,
and
being
a
Popish
Recusant
,
not
usually
repairing
to
some
Church
,
Chappel
or
usual
place
of
Common
Prayer
,
but
forbearing
the
same
contrary
to
the
same
Laws
and
Statutes
in
that
behalf
made
,
shall
within
forty
days
next
after
the
end
of
this
Session
of
Parliament
,
(
if
they
be
then
within
this
Realm
,
and
not
imprisoned
,
restrained
or
stayed
as
aforesaid
,
and
in
such
case
of
absence
out
of
the
Realm
,
imprisonment
,
restraint
or
stay
,
then
within
twenty
days
next
after
they
shall
return
into
the
Realm
,
and
be
enlarged
of
such
imprisonment
or
restraint
,
and
shall
be
able
to
Travel
)
repair
to
the
place
where
such
person
was
born
,
or
where
the
Father
or
Mother
of
such
person
shall
then
be
dwelling
;
and
shall
not
at
any
time
after
remove
or
pass
above
five
miles
from
thence
,
upon
pain
that
every
person
and
persons
which
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
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
person
.
de
mini
mis
non
curat
lex
Wingate
tit
.
Crown
numb.
Dalton
cap.
Recusants
,
Sect.
Jac.
cap.
And
be
it
further
Enacted
by
the
Authority
aforesaid
,
That
every
such
Offender
as
is
before
mentioned
,
which
hath
or
shall
have
any
Lands
,
Tenements
or
Hereditaments
,
by
Copy
of
Court
Roll
or
by
any
other
customary
tenure
,
at
the
will
of
the
Lord
,
according
to
the
Custom
of
any
Mannor
,
shall
forfeit
all
and
singular
his
and
their
said
Lands
,
Tenements
and
Hereditaments
so
holden
by
Copy
of
Court
Roll
,
or
customary
tenure
as
aforesaid
,
for
and
during
the
life
of
such
offender
,
(
if
his
or
her
Estate
so
long
continue
)
to
the
Lord
or
Lords
of
whom
the
same
be
immediately
holden
,
if
the
same
Lord
or
Lord
or
Lords
be
not
then
a
Popish
Recusant
,
and
convicted
for
not
coming
to
Church
to
hear
Divine
Service
,
but
forbearing
the
same
contrary
to
the
Laws
and
Statutes
aforesaid
,
nor
seized
or
possessed
upon
Trust
to
the
use
or
behoof
of
any
such
Recusant
as
aforesaid
;
And
in
such
Case
the
same
forfeiture
to
be
to
the
Quéens
Majesty
.
Provided
always
and
be
it
further
Enacted
by
the
Authority
aforesaid
,
That
all
such
persons
as
,
by
the
intent
and
true
meaning
of
this
Act
,
are
to
make
their
repair
to
their
place
of
dwelling
and
abode
,
or
to
the
place
where
they
were
born
,
or
where
their
Father
or
Mother
shall
be
dwelling
,
and
not
to
remove
or
pass
above
five
miles
from
thence
as
is
aforesaid
,
shall
within
twenty
days
next
after
their
coming
to
any
of
the
said
places
,
(
as
the
Case
shall
happen
)
notifie
their
coming
thither
,
and
present
themselves
,
and
deliver
their
true
names
in
writing
to
the
Minister
or
Curate
of
the
same
Parish
,
and
to
the
Constable
,
Headborough
or
Tithingman
of
the
Town
,
and
thereupon
the
said
Minister
or
Curate
shall
presently
enter
the
same
into
a
Book
,
to
be
kept
in
every
Parish
for
that
purpose
.
And
afterwards
the
said
Minister
or
Curate
,
and
the
said
Constable
,
Headborough
or
Tithingman
shall
certifie
the
same
in
writing
to
the
Iustices
of
the
Peace
of
the
same
County
,
at
the
next
general
or
Quarter
Sessions
to
be
holden
in
the
same
County
;
and
the
said
Iustices
shall
cause
the
same
to
be
entred
by
the
Clerk
of
the
Peace
in
the
Rolls
of
the
same
Sessions
.
Cro.
Hill
.
And
to
the
end
that
the
Realm
be
not
pestered
and
overcharged
with
the
multitude
of
such
Seditious
and
dangerous
people
as
is
aforesaid
,
who
having
little
or
no
ability
to
answer
or
satisfie
any
competent
penalty
for
their
contempt
and
disobedience
of
the
said
Laws
and
Statutes
,
and
being
committed
to
Prison
for
the
same
,
do
live
for
the
most
part
in
better
Case
there
,
then
they
could
if
they
were
abroad
at
their
own
liberty
:
The
Lords
Spiritual
and
Temporal
,
and
the
Commons
in
this
present
Parliament
Assembled
,
do
most
humbly
and
instantly
beséech
the
Quéens
Majesty
that
it
may
be
further
Enacted
,
That
if
any
such
person
or
persons
being
a
Popish
Recusant
(
not
being
a
Feme
Covert
,
and
not
having
Lands
,
Tenements
,
Rents
or
Annuities
,
of
an
absolute
Estate
of
Inheritance
,
or
freehold
of
the
clear
yearly
value
of
twenty
marks
above
all
charges
to
their
own
use
and
behoof
,
and
not
upon
any
secret
trust
or
confidence
for
any
other
,
or
Goods
and
Chattels
in
their
own
right
,
and
to
their
own
proper
use
and
behoof
;
And
not
upon
any
such
secret
trust
and
confidence
for
any
other
,
above
the
value
of
forty
pounds
)
shall
not
,
within
the
time
before
in
this
Act
in
that
behalf
limited
and
appointed
,
repair
to
their
place
of
usual
dwelling
and
aboad
,
if
they
have
any
,
or
else
to
the
place
where
they
were
born
,
or
where
their
Father
or
Mother
shall
be
dwelling
according
to
the
tenor
and
intent
of
this
present
Act
:
And
thereupon
notifie
their
coming
,
and
present
themselves
,
and
deliver
their
true
Names
in
writing
to
the
Minister
or
Curate
of
the
Parish
,
and
to
the
Constable
,
Headborough
,
or
Tithingman
of
the
Town
,
within
such
time
,
and
in
such
manner
and
form
as
is
aforesaid
,
or
at
any
time
after
such
their
repairing
to
any
such
place
as
is
before
appointed
,
shall
pass
or
remove
above
five
miles
from
the
same
:
And
shall
not
,
within
three
months
next
after
such
person
shall
be
apprehended
or
taken
for
offending
as
is
aforesaid
,
conform
themselves
to
the
obedience
of
the
Laws
and
Statutes
of
this
Realm
,
in
coming
usually
to
the
Church
to
hear
Divine
Service
,
and
in
making
such
publick
Confession
and
Submission
,
as
hereafter
in
this
Act
is
appointed
and
expressed
,
being
thereunto
required
by
the
Bishop
of
the
Diocess
or
any
Iustice
of
the
Peace
of
the
County
where
the
same
person
shall
happen
to
be
,
or
by
the
Minister
or
Curate
of
the
Parish
:
That
in
every
such
Case
every
such
Offender
,
being
thereunto
warned
or
required
by
any
two
Iustices
of
the
Peace
or
Coroner
of
the
same
County
where
such
offender
shall
then
be
,
shall
upon
his
or
their
corporal
Oath
,
Abjuration
.
before
any
two
Iustices
of
the
Peace
or
Coroner
of
the
same
County
,
abjure
this
Realm
of
and
all
other
the
Queéns
Majesties
Dominions
forever
:
And
thereupon
shall
depart
out
of
this
Realm
,
at
such
Haven
and
Port
,
and
within
such
time
as
shall
in
that
behalf
be
assigned
and
appointed
by
the
said
Iustices
of
Peace
or
Coroner
before
whom
such
abjuration
shall
be
made
,
unless
the
same
Offenders
be
letted
or
stayed
by
such
lawful
and
reasonable
means
or
causes
,
as
by
the
Common
Laws
of
this
Realm
are
permitted
and
allowed
in
Cases
of
abjuration
for
felony
.
And
in
such
Cases
of
let
or
stay
,
then
within
such
reasonable
and
convenient
time
after
as
the
Common
Law
requireth
in
Case
of
abjuration
for
felony
as
is
aforesaid
.
And
that
every
Iustice
of
Peace
and
Coroner
,
before
whom
any
such
abjuration
shall
happen
to
be
made
as
is
aforesaid
,
shall
cause
the
same
presently
to
be
entred
of
Record
before
them
,
and
shall
certifie
the
same
to
the
Iustices
of
Assizes
or
Goal
delivery
of
the
said
County
at
the
next
Assizes
or
Goal
delivery
to
be
holden
in
the
same
County
.
If
any
such
person
or
persons
being
a
Popish
Recusant
.
]
Dalton
V.
cap.
Of
the
clear
yearly
value
of
Twenty
marks
above
all
Charges
.
Or
Goods
and
Chattels
.
(
Lands
or
Goods
That
the
Iuror
shall
have
Lands
of
the
clear
yearly
value
of
Forty
shillings
,
if
the
Debt
or
Damage
declared
amount
to
Forty
marks
:
(
or
(
debt
or
damage
(
viz.
(
and
Within
three
months
next
after
such
person
shall
be
apprehended
or
taken
.
]
Wingate
,
tit
.
Crowne
numb.
Being
thereunto
required
by
the
Bishop
,
&c.
]
Vide
Stat.
Eliz.
cap.
Abjure
this
Realm
of
England
,
&c.
]
You
shall
swear
that
you
shall
depart
out
of
this
Realm
of
and
out
of
all
other
the
Kings
Majesties
Dominions
:
And
that
you
shall
not
return
hither
,
or
come
again
into
any
of
his
Majesties
Dominions
,
but
by
the
Licence
of
our
said
Sovereign
Lord
the
King
,
or
of
his
Heirs
.
So
help
you
God
.
Wilkinson
,
P.
This
hear
you
,
Sir
Coronor
,
that
I
in
the
County
of
am
a
Popish
Recusant
,
and
in
Contempt
of
the
Laws
and
Statutes
of
this
Realm
of
I
have
and
do
refuse
to
come
to
hear
Divine
Service
there
read
and
exercised
:
I
do
therefore
,
according
to
the
intent
and
meaning
of
the
Statute
made
in
the
year
of
Queen
late
Queen
of
this
Realm
of
abjure
the
Land
and
Realm
of
King
now
King
of
and
I
shall
hast
me
towards
the
Port
of
which
you
have
given
and
assigned
to
me
.
And
that
I
shall
not
go
out
of
the
highway
leading
thither
,
nor
return
back
again
;
and
if
I
do
I
will
that
I
be
taken
as
a
Felon
of
our
said
Lord
the
King
:
And
that
at
I
will
diligently
seek
for
passage
,
and
I
will
tarry
there
but
one
Flood
and
Ebb
,
if
I
can
have
passage
;
and
unless
I
can
have
it
in
such
space
,
I
will
go
every
day
into
the
Sea
up
to
my
Knees
,
assaying
to
pass
over
.
So
God
me
help
and
his
holy
Judgment
.
(
viz.
And
if
any
such
Offender
which
by
the
tenour
and
intent
of
this
Act
is
to
be
abjured
as
is
aforesaid
,
shall
refuse
to
make
such
Abjuration
as
is
aforesaid
,
or
after
such
Abjuration
made
shall
not
go
to
such
Haven
and
within
such
time
as
is
before
appointed
,
and
from
thence
depart
out
of
this
Realm
according
to
this
present
Act
,
or
after
such
his
departure
shall
return
,
or
come
again
into
any
her
Majesties
Realms
or
Dominions
,
without
her
Majesties
special
Licence
in
that
behalf
first
had
and
obtained
;
That
then
in
every
such
Case
the
person
so
offending
shall
be
adjudged
a
Felon
,
and
shall
suffer
and
lose
as
in
Case
of
Felony
,
without
benefit
of
Clergy
.
And
within
such
time
,
&c.
and
from
thence
depart
.
Or
return
or
come
again
into
any
her
Majesties
Realms
or
Dominions
.
]
And
be
it
further
Enacted
and
Ordained
by
the
Authority
aforesaid
,
That
if
any
person
which
shall
be
suspected
to
be
a
Iesuit
,
Seminary
or
Massing
Priest
,
being
examined
by
any
person
having
lawful
Authority
in
that
behalf
to
examine
such
person
which
shall
be
so
suspected
,
shall
refuse
to
answer
directly
and
truly
whether
he
be
a
Iesuit
,
or
a
Seminary
or
Massing
Priest
as
is
aforesaid
,
every
such
person
so
refusing
to
answer
shall
,
for
his
Disobedience
and
Contempt
in
that
behalf
,
be
committed
to
Prison
by
such
as
shall
examine
him
,
as
is
aforesaid
,
and
thereupon
shall
remain
and
continue
in
Prison
without
Bail
or
Mainprize
,
until
he
shall
make
direct
and
true
answer
to
the
said
Questions
whereupon
he
shall
be
so
examined
.
Suspected
.
Having
lawful
Authority
in
that
behalf
.
]
Eliz.
cap.
Answer
to
the
said
Questions
.
]
Provided
nevertheless
and
be
it
further
Enacted
by
the
Authority
aforesaid
,
That
if
any
of
the
persons
which
are
hereby
limited
and
appointed
to
continue
and
abide
within
five
miles
of
their
usual
dwelling
place
,
or
of
such
place
where
they
were
born
,
or
where
their
Father
and
Mother
shall
be
dwelling
as
is
aforesaid
,
shall
have
necessary
occasion
or
business
to
go
and
Travel
out
of
the
compass
of
the
said
five
miles
;
That
then
and
in
every
such
Case
upon
Licence
in
that
behalf
to
be
gotten
under
the
hands
of
two
of
the
Iustices
of
Peace
of
the
same
County
,
with
the
privity
and
assent
in
writing
of
the
Bishop
of
the
Diocess
,
or
of
the
Lieutenant
,
or
of
any
Deputy
Lieutenant
of
the
same
County
under
their
hands
,
it
shall
and
may
be
lawful
for
every
such
person
to
go
and
Travel
about
such
their
necessary
business
,
and
for
such
time
only
for
their
travelling
,
attending
and
returning
as
shall
be
comprised
in
the
same
Licence
:
Any
thing
before
in
this
Act
to
the
contrary
notwithstanding
.
Jac.
cap.
Provided
also
That
if
any
such
person
so
restrained
as
is
aforesaid
,
shall
be
urged
by
Process
without
fraud
or
covin
,
or
be
bounden
without
fraud
or
covin
to
make
appearance
in
any
her
Majesties
Courts
,
or
shall
be
sent
for
,
commanded
or
required
by
any
thrée
or
more
of
her
Majesties
Privy
Council
,
or
by
any
four
or
more
of
any
Commissioners
to
be
in
that
behalf
nominated
and
assigned
by
her
Majesty
,
to
make
appearance
before
her
Majesties
said
Counsel
or
Commissioners
,
That
in
every
such
Case
,
every
such
person
so
bounden
,
urged
,
commanded
or
required
to
make
such
appearance
,
shall
not
incur
any
pain
,
forfeiture
or
loss
for
travelling
to
make
appearance
accordingly
,
nor
for
his
abode
concerning
the
same
,
nor
for
convenient
time
for
his
return
back
again
upon
the
same
.
Vrged
by
Process
.
(
urged
by
Process
Crown
numb.
In
any
her
Majesties
Courts
.
]
Vide
Cawdries
And
be
it
further
provided
and
enacted
by
the
Authority
aforesaid
,
That
if
any
such
person
or
persons
so
restrained
,
as
is
aforesaid
,
shall
be
bound
or
ought
to
yield
and
render
their
bodies
to
the
Sheriff
of
the
County
where
they
shall
happen
to
be
,
upon
Proclamation
in
that
behalf
without
fraud
or
covin
to
be
made
,
That
then
in
every
such
Case
every
such
person
which
shall
be
so
bounden
or
ought
to
yield
and
render
their
body
as
aforesaid
,
shall
not
incur
any
pain
,
forfeiture
or
loss
for
Travelling
for
that
intent
and
purpose
only
without
any
fraud
or
covin
,
nor
for
convenient
time
taken
for
their
return
back
again
upon
the
same
.
de
Custodia
And
furthermore
be
it
Enacted
by
the
Authority
of
this
present
Parliament
,
That
if
any
person
or
persons
that
shall
at
any
time
hereafter
offend
against
this
Act
,
shall
before
he
or
they
shall
be
thereof
convicted
,
come
to
some
Parish
Church
on
some
or
other
Festival
day
,
and
then
and
there
hear
Divine
Service
;
And
at
Service
time
before
the
Sermon
or
reading
of
the
Gospel
,
make
publick
and
open
Submission
and
Declaration
of
his
and
their
Conformity
to
her
Majesties
Laws
and
Statutes
as
hereafter
in
this
Act
is
declared
and
appointed
,
That
then
the
same
Offender
shall
thereupon
be
clearly
discharged
of
and
from
all
and
every
pains
and
forfeitures
inflicted
or
imposed
by
this
Act
for
any
of
the
said
Offences
in
this
Act
contained
.
Before
he
or
they
shall
be
thereof
convicted
.
(
viz.
To
some
Parish
Church
Eliz.
cap.
(
viz.
(
viz.
Eliz.
cap.
Eliz.
cap.
Submission
.
Thoroughgood
Pasch
The
same
Submission
to
be
as
hereafter
followeth
,
that
is
to
say
,
A.
B.
Over
her
Majesty
or
within
any
her
Majesties
Realms
or
Dominions
.
Wingate
tit
.
Crown
numb.
Or
any
colour
or
means
of
any
Dispensation
.
Her
Majesties
Laws
and
Statutes
Vide
Stat.
Eliz.
cap.
And
that
every
Minister
or
Curate
of
every
Parish
where
such
Submission
and
Declaration
of
Conformity
shall
hereafter
be
so
made
by
any
such
Offender
as
aforesaid
,
shall
presently
enter
the
same
into
a
Book
to
be
kept
in
every
Parish
for
that
purpose
,
and
within
ten
days
then
next
following
,
shall
certifie
the
same
in
writing
to
the
Bishop
of
the
same
Diocess
.
Provided
nevertheless
That
if
any
such
Offender
after
such
Submission
made
as
is
aforesaid
,
shall
afterward
fall
into
Relapse
,
or
eftsoons
become
a
Recusant
in
not
repairing
to
Church
to
hear
Divine
Service
,
but
shall
forbear
the
same
contrary
to
the
Laws
and
Statutes
in
that
behalf
made
and
provided
:
That
then
every
such
Offender
shall
lose
all
such
benefit
as
he
or
she
might
otherwise
by
virtue
of
this
Act
,
have
or
enjoy
by
reason
of
their
said
Submission
;
And
shall
thereupon
stand
and
remain
in
such
plight
,
condition
and
degrée
,
to
all
intents
,
as
though
such
Submission
had
never
beén
made
.
Francis
Holt.
Pasch.
Jac.
Bulstrode
Provided
always
,
and
be
it
Enacted
by
the
Authority
aforesaid
,
That
all
and
every
Woman
married
,
or
hereafter
to
be
married
,
shall
be
bound
by
all
and
every
Article
,
branch
and
matter
contained
in
this
Statute
,
other
then
the
Branch
and
Article
of
Abjuration
before
mentioned
;
And
that
no
such
Woman
married
,
or
to
be
married
,
during
marriage
shall
be
in
any
wise
forced
or
compelled
to
abjure
,
or
be
abjured
by
virtue
of
this
Act
:
Any
thing
therein
contained
to
the
contrary
thereof
notwithstanding
.
By
the
Oath
of
Obedience
is
here
meant
the
Oath
of
Supremacy
in
the
Stat.
of
1
Eliz.
cap.
1.
which
see
there
Sect.
7.
and
by
that
name
it
is
here
called
afterwards
Sect.
3.
According
to
the
true
meaning
of
the
Statutes
in
that
behalf
.
]
Eliz.
cap.
Vide
Savile
And
if
any
Recusant
shall
hereafter
die
,
his
heir
being
no
Recusant
,
that
in
every
such
Case
every
such
heir
shall
be
freed
and
discharged
of
all
and
singular
the
penalties
,
charges
and
incumbrances
happening
upon
him
or
her
,
in
respect
or
by
reason
of
his
or
her
Ancestors
Recusancy
.
And
if
,
at
the
decease
of
any
such
Recusant
,
his
heir
shall
happen
to
be
a
Recusant
,
and
after
shall
become
conformable
and
obedient
to
the
Laws
and
Ordinances
of
the
Church
of
and
repair
to
the
Church
and
continue
there
during
the
time
of
the
Divine
Service
and
Sermons
,
according
to
the
intent
and
true
meaning
of
the
said
Statutes
and
Ordinances
in
that
behalf
made
as
is
aforesaid
,
and
also
shall
take
the
Oath
of
Supremacy
,
in
such
sort
as
that
Oath
is
expressed
in
one
Act
of
Parliament
made
in
the
first
year
of
the
Reign
of
our
late
Sovereign
Lady
Quéen
before
the
Archbishop
or
Bishop
of
the
Diocess
;
that
in
every
such
Case
,
every
such
heir
shall
be
freed
and
discharged
of
all
and
singular
the
penalties
,
charges
and
incumbrances
,
happening
upon
him
or
her
in
respect
or
by
reason
of
any
of
his
or
her
Ancestors
Recusancy
.
Provided
always
,
and
be
it
Enacted
by
Authority
of
this
present
Parliament
,
That
if
the
heir
of
any
Recusant
shall
happen
to
be
within
the
age
of
sixtéen
years
at
the
time
of
the
decease
of
his
or
her
Ancestor
,
and
shall
after
his
or
her
said
age
of
sixteen
years
become
or
be
a
Recusant
;
that
in
every
such
Case
any
such
heir
shall
not
be
freéd
or
discharged
of
all
or
any
of
the
penalties
,
charges
and
incumbrances
,
happening
upon
him
or
her
in
respect
or
by
reason
of
any
of
his
or
her
Ancestors
Recusancy
,
until
he
or
she
shall
submit
or
reform
him
or
her self
,
and
become
obedient
to
the
Laws
and
Ordinances
of
the
Church
of
England
,
and
repair
to
the
Church
,
and
continue
there
during
the
time
of
the
Divine
Service
and
Sermons
,
according
to
the
intent
and
true
meaning
of
the
said
Statutes
and
Ordinances
in
that
behalf
as
is
aforesaid
,
and
shall
take
the
said
Oath
of
Supremacy
,
in
manner
and
form
afore
expressed
;
and
yet
nevertheless
from
and
after
such
submission
and
Oath
had
and
taken
,
every
such
heir
shall
be
fréed
and
discharged
of
all
and
singular
the
penalties
,
charges
and
incumbrances
,
happening
upon
him
or
her
in
respect
or
by
reason
of
any
of
his
or
her
Ancestors
Recusancy
.
If
any
Recusant
shall
hereafter
die
.
]
Of
all
and
singular
the
penalties
,
charges
and
incumbrances
And
be
it
further
Enacted
by
Authority
of
this
present
Parliament
,
That
where
any
seizure
shall
be
had
of
the
two
parts
of
any
Lands
,
Tenements
,
Hereditaments
,
Leases
or
Farmes
,
for
the
not
payment
of
the
Twenty
pounds
due
and
payable
for
each
month
,
according
to
the
Statute
in
that
Case
lately
made
and
provided
:
That
in
every
such
Case
,
every
such
two
parts
shall
,
according
to
the
extent
thereof
,
go
towards
the
satisfaction
and
payment
of
the
Twenty
pounds
due
and
payable
for
each
month
and
unpaid
by
any
such
Recusant
;
and
that
the
third
part
thereof
shall
not
be
extended
or
seized
by
the
Kings
Majesty
,
his
Heirs
or
Successors
for
not-payment
of
the
said
Twenty
pounds
payable
for
each
month
,
forfeited
or
lost
by
any
such
Recusant
.
And
where
any
such
seizure
shall
be
had
of
the
two
parts
of
the
Lands
,
Tenements
,
Hereditaments
,
Leases
or
Farmes
of
any
such
Recusant
as
is
aforesaid
,
and
such
Recusant
shall
die
(
the
debt
or
duty
by
reason
of
his
Recusancy
not
paid
,
satisfied
or
discharged
)
that
in
every
such
Case
the
same
two
parts
shall
continue
in
his
Majesties
possession
,
until
the
residue
or
remainder
of
the
said
debt
or
duty
be
thereby
or
otherwise
paid
,
satisfied
or
discharged
:
And
that
his
Majesty
,
his
Heirs
or
Successors
,
shall
not
seize
or
extend
any
third
part
descending
to
any
such
heirs
,
or
any
part
thereof
,
either
by
reason
of
the
Recusancy
of
his
or
her
Ancestors
,
or
the
Recusancy
of
any
such
heir
.
Where
any
seizure
shall
be
had
.
]
Eliz.
cap.
Eliz.
cap.
Go
towards
the
satisfaction
and
payment
of
the
Twenty
pounds
.
Eliz.
cap.
Jac.
cap.
Gray
,
Anno
Jac.
Lane
Jac.
Rolles
(
viz.
Vide
Stat.
Eliz.
cap.
Where
any
such
seizure
shall
be
had
,
&c.
]
(
such
(
viz.
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
,
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
,
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
,
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
:
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
:
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
was
added
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
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
:
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
.
&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.
was
made
to
supply
that
defect
.
Note
,
All
Grammar
Schools
are
not
here
excepted
,
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.
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
.
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
.
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
.
Cro.
Hill.
12.
Jac.
366.
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
:
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
the
Exchequer
in
the
Case
of
Sir
Edward
Lenthal
,
Cro.
Hill
.
12
Jac.
365.
If
a
Popish
Recusant
once
receive
the
Sacrament
after
his
Conformity
,
and
afterwards
neglect
so
to
do
within
the
time
prescribed
by
this
Act
,
and
is
guilty
of
such
neglect
for
two
years
together
;
although
he
was
never
convicted
for
the
first
year
,
yet
an
Information
lies
against
him
,
and
he
shall
forfeit
Threescore
pounds
for
the
second
year
:
For
he
is
liable
to
pay
so
much
for
every
offence
,
that
is
,
for
every
year
wherein
he
neglects
to
receive
the
Sacrament
after
he
hath
once
received
it
,
and
the
Informer
is
at
his
liberty
for
which
offence
or
year
he
will
inform
,
whether
for
the
first
,
second
,
&c.
And
the
reason
of
this
is
,
because
here
are
no
steps
or
gradations
to
increase
the
penalty
for
the
second
or
third
offence
,
but
the
penalty
is
equal
and
a
like
in
this
Case
for
every
offence
.
It
is
observable
,
that
the
Popish
Recusant
who
after
his
conformity
receives
the
Sacrament
,
and
afterwards
neglects
so
to
do
,
for
the
space
of
one
or
more
years
,
is
in
worse
Condition
then
he
who
conforms
and
receives
it
not
at
all
:
For
in
this
last
Case
he
shall
forfeit
but
Twenty
pounds
for
the
first
,
and
Forty
pounds
for
the
second
year
:
But
if
he
once
receive
the
Sacrament
,
and
afterwards
neglect
it
for
the
space
of
two
years
,
he
shall
forfeit
for
each
of
those
years
Threescore
pounds
.
An
Information
upon
this
Branch
of
the
Statute
must
be
brought
by
an
Informer
Qui
tam
&c.
within
a
year
after
the
offence
or
neglect
,
or
he
can
take
no
advantage
thereof
:
For
such
an
Information
is
within
the
Statute
of
31
Eliz.
cap.
5.
Cro.
Hill.
12
Jac.
366.
Vide
Statute
23
Eliz.
cap.
1.
Sect.
9.
Note
,
that
notwithstanding
these
words
,
an
Information
on
this
Statute
by
an
Informer
Qui
tam
&c.
for
not
receiving
the
Sacrament
cannot
be
brought
before
Justices
of
Assize
or
Goal
delivery
,
or
Justices
of
Peace
:
For
no
Common
Informer
can
sue
for
the
King
and
himself
before
any
of
those
Justices
,
but
must
sue
in
one
of
the
Courts
of
Record
at
Westminster
,
as
was
resolved
,
Mich.
4.
Car.
1.
Jones
193.
Vide
Stat.
23.
Eliz.
cap.
1.
Sect.
9.
As
this
Act
is
penned
,
it
seems
that
the
Churchwardens
and
Constables
are
not
bound
thereby
to
present
the
monthly
absence
from
Church
of
any
of
the
Children
or
Servants
of
a
Popish
Recusant
,
although
such
Children
or
Servants
be
Recusants
,
unless
they
are
Popish
Recusants
;
And
that
't
is
sufficient
,
to
satisfie
the
Statute
,
to
present
their
names
,
without
taking
any
notice
of
their
absence
from
Church
:
But
if
they
be
Popish
Recusants
,
they
fall
within
the
general
words
of
the
Act
,
and
their
monthly
absence
ought
to
be
presented
as
well
as
that
of
their
Parents
or
Masters
:
Wingate
in
his
Abridgment
of
this
Statute
tit
.
Crown
numb.
100.
hath
clearly
mistaken
the
meaning
thereof
in
this
particular
:
for
he
tells
us
that
the
monthly
absence
of
all
the
Children
and
Servants
of
a
Popish
Recusant
ought
to
be
presented
.
What
is
meant
by
those
words
,
vide
Stat.
23
Eliz.
cap.
1.
Sect.
7.
What
Sessions
are
here
meant
,
vide
23
Eliz.
cap.
1.
Sect.
7.
This
is
intended
of
Indictments
only
,
and
revives
the
power
of
Justices
of
Peace
given
them
by
the
Statute
of
23
Eliz.
cap.
1.
and
taken
from
them
by
the
negative
words
of
the
Statute
of
29
Eliz.
cap.
6.
so
that
now
the
Justices
of
Peace
may
proceed
to
Judgment
against
the
Recusant
upon
23.
or
convict
him
upon
Proclamation
and
default
of
appearance
;
and
so
may
the
Justices
of
Assize
and
Goal-delivery
proceed
either
way
:
For
the
words
of
this
Statute
,
and
that
of
29.
which
give
the
Proclamation
being
in
the
affirmative
,
do
not
take
away
the
proceedings
upon
23.
but
that
the
Justices
may
wave
the
Conviction
by
Proclamation
,
if
they
please
;
Nor
is
the
Informers
popular
Suit
taken
away
by
29.
or
by
this
Statute
.
Co.
11.61
.
Dr.
Fosters
Case
.
vide
Stat.
23
Eliz.
cap.
1.
Sect.
7.
So
that
this
Branch
of
the
Statute
,
which
gives
the
Conviction
by
Proclamation
,
extends
to
other
Recusants
besides
Popish
Recusants
,
and
is
not
restrained
to
this
latter
sort
,
but
is
misrecited
in
this
particular
by
Dalton
V.
cap.
110.
tit
.
Forfeiture
for
Felony
.
In
an
Action
brought
against
Sir
John
Webb
and
his
Wife
,
for
recovery
of
twenty
pounds
per
month
for
the
Recusancy
of
the
Wife
;
The
Defendants
plead
,
that
the
Feme
was
before
that
time
convicted
for
the
same
absence
upon
Indictment
at
the
Kings
Suit
,
and
Proclamation
made
that
she
should
render
her self
at
the
next
Assizes
,
and
default
of
appearance
thereupon
;
But
it
was
resolved
by
the
Court
of
Kings
Bench
,
That
the
Plea
was
ill
,
and
that
this
was
not
a
Conviction
according
to
Law
,
and
therefore
was
in
effect
as
no
Conviction
:
For
the
Proclamation
was
erroneous
in
two
points
.
1.
In
the
person
to
whom
;
the
Statute
saith
it
shall
be
proclaimed
that
the
Offenders
body
shall
be
rendred
to
the
Sheriff
,
&c.
But
this
Proclamation
was
,
That
she
should
render
her self
to
the
Justices
of
Assize
:
For
the
rendring
of
the
body
to
the
Sheriff
is
a
material
point
:
And
the
intent
of
the
Statute
is
not
pursued
in
this
Proclamation
:
For
the
intent
was
,
that
Recusants
,
being
dangerous
members
of
the
Commonwealth
,
should
be
in
the
Custody
of
the
Sheriff
,
&c.
ne
nocere
valeant
.
2.
In
the
time
when
;
The
Proclamation
was
,
that
she
should
render
her self
at
the
next
Assizes
,
but
the
Statute
saith
before
the
next
Assizes
;
And
when
the
Proclamation
is
ill
,
the
Conviction
for
default
of
appearance
thereupon
cannot
be
good
,
nor
shall
bar
the
King
or
the
Informer
of
their
Action
:
And
although
by
the
subsequent
Clause
in
this
Act
,
the
Recusant
perhaps
may
be
estopped
to
take
such
exception
to
the
Proclamation
,
yet
the
King
is
not
:
Palmer
40.41
.
Bridgman
122.
Rolles
2.108
.
Note
that
Palmer
in
his
Report
of
this
Case
hath
stated
the
first
difference
between
the
Statute
and
Proclamation
as
't
is
here
laid
down
,
and
so
the
truth
of
the
Case
was
;
But
in
reciting
Bridgmans
Argument
,
he
reports
it
quite
contrary
,
viz.
That
the
Proclamation
was
,
That
the
Recusants
body
should
be
rendred
to
the
Sheriff
,
and
that
it
ought
to
have
been
that
it
should
be
rendred
to
the
Justices
of
Assize
;
But
this
is
a
mistake
,
and
contrary
to
the
Statute
,
and
the
truth
of
the
Case
.
Or
other
kéeper
of
the
Goal
.
Lib.
Assiz.
Shall
not
make
appearance
of
Record
.
]
Wingate
,
tit
.
Crowne
numb
.
Fitz.
N.
B.
Vide
Popham
&
Keilway
Eliz.
Gouldsborough
Shall
be
as
sufficient
a
conviction
in
Law
.
]
Eliz.
cap.
John
Webbs
Vide
Rolles
Tollin
,
Hobart
Litchfield
,
Ib.
And
be
it
further
Enacted
That
every
offender
in
not
repairing
to
Divine
Service
,
but
forbearing
the
same
contrary
to
the
Statutes
in
that
behalf
made
and
provided
,
that
hereafter
shall
fortune
to
be
thereof
once
convicted
,
shall
in
such
of
the
Terms
of
as
shall
be
next
after
such
Conviction
,
pay
into
the
Receipt
of
the
Exchequer
,
after
the
rate
of
Twenty
pounds
,
for
every
month
which
shall
be
contained
in
the
Indictment
whereupon
such
conviction
shall
be
:
And
shall
also
for
every
month
after
such
Conviction
,
without
any
other
Indictment
or
Conviction
,
forfeit
Twenty
pounds
,
and
pay
into
the
Receipt
of
the
Excheqver
aforesaid
,
at
two
times
in
the
year
,
that
is
to
say
,
in
every
Easter
and
Michaelmas
Term
as
much
as
then
shall
remain
unpaid
after
the
rate
of
Twenty
pounds
for
every
month
after
such
Conviction
,
except
in
such
Cases
,
where
the
King
shall
and
may
by
force
of
this
Act
refuse
the
same
,
and
take
two
parts
of
the
Lands
,
Tenements
,
Hereditaments
,
Leases
and
Farms
of
such
Offender
,
till
the
said
party
being
Indicted
for
not
coming
to
Church
,
contrary
to
former
Laws
,
shall
conform
himself
,
and
come
to
Church
according
to
the
meaning
of
the
Statute
in
that
behalf
made
and
provided
.
Once
Convicted
.
Vide
Stat.
Eliz.
cap.
In
such
of
the
Terms
of
as
shall
be
next
after
such
conviction
.
]
Eliz.
cap.
Oxford
,
Hill
.
Jac.
Jones
l.
per
Bridgman
Pasch.
For
every
month
after
such
Conviction
.
]
Eliz.
cap.
Qui
tam
&c.
Cro.
Pasch.
antea
,
Stat.
Eliz.
cap.
Qui
tam
&c.
viz.
(
after
such
Conviction
)
proximum
antecedens
,
(
every
month
Except
in
such
Cases
where
the
King
shall
&c.
refuse
the
same
.
Oxford
.
Jones
And
that
every
Conviction
recorded
for
any
Offence
before-mentioned
,
shall
from
the
Iustices
before
whom
the
Record
of
such
Conviction
shall
be
remaining
,
be
certified
into
the
Kings
Majesties
Court
of
Exchequer
,
before
the
end
of
the
Term
following
such
Conviction
,
in
such
convenient
certainty
for
the
time
and
other
circumstances
,
as
the
Court
of
Exchequer
may
thereupon
award
out
Process
for
the
seizure
of
the
Lands
and
Goods
of
every
such
Offender
,
as
the
Cause
shall
require
:
And
if
default
shall
be
made
in
any
part
of
any
payment
aforesaid
contrary
to
the
form
herein
before
limited
,
that
then
and
so
often
,
the
Kings
Majesty
his
Heirs
and
Successors
shall
and
may
by
process
out
of
the
said
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
this
Act
,
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
.
All
the
Goods
.
Vide
Stat.
Eliz.
cap.
Elizabeth
Bowes
was
convicted
of
Recusancy
,
and
she
standing
so
Convicted
,
a
Lease
was
made
to
her
in
trust
which
she
conveyed
over
according
to
the
trust
:
The
question
was
,
whether
the
King
might
seize
this
Lease
.
And
the
reason
given
in
Lane
39.
why
the
King
should
have
the
Term
is
,
because
the
Recusant
after
she
was
Convicted
was
not
capable
of
any
trust
,
and
therefore
the
Conveyance
made
by
her
was
as
if
it
had
been
voluntary
,
without
relation
to
the
Trust
;
Tamen
quaere
,
by
what
Law
a
Recusant
,
meerly
for
the
matter
of
Recusancy
,
is
incapable
of
any
Trust
,
although
Convicted
.
Whether
Copyholds
be
liable
to
such
seizure
,
vide
Stat.
29
Eliz.
cap.
6.
Sect.
4.
Lands
are
conveyed
to
A.
in
trust
for
B.
a
convicted
Recusant
Quaere
whether
the
King
may
seize
such
Lands
for
the
Recusants
non-payment
of
the
twenty
pounds
per
month
;
for
if
he
make
his
Election
and
accepts
of
two
thirds
in
lieu
of
the
twenty
pounds
per
month
,
there
is
no
question
but
such
Lands
are
liable
to
seizure
;
For
the
words
of
the
subsequent
Clause
are
,
That
the
King
may
seize
two
parts
of
all
Lands
that
shall
come
to
any
other
person
to
the
use
of
or
in
Trust
for
such
Recusant
;
But
in
this
Clause
,
which
relates
to
the
seizure
of
two
parts
for
non-payment
,
the
words
seem
to
be
more
restrictive
.
Vide
,
Lane
105.
106.
Halseys
Case
.
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
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
,
That
the
Kings
Majesty
his
Heirs
and
Successors
,
shall
from
and
after
the
Feast
of
St.
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
,
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
and
without
fraud
and
covin
before
such
seizure
.
Though
it
be
tendred
,
or
ready
to
be
paid
.
]
Eliz.
cap.
Standen
versus
Hereditaments
.
Eliz.
Dyer
Standen
versus
Fitzh
.
Recovery
in
value
London
versus
Southwell
.
Co.
Dalton
,
cap.
Recusants
Sect.
Jac.
cap.
Jac.
car
Walgrave
.
Hobart
(
Hereditaments
adeo
plene
&
integre
&
in
tam
amplis
modo
&
forma
prout
,
&c.
All
other
Lands
&c.
liable
to
such
seizure
,
or
to
the
Penalties
aforesaid
.
]
Eliz.
cap.
In
lieu
and
full
Recompence
of
the
twenty
pounds
monthly
.
]
Standen
versus
Provided
always
and
be
it
Enacted
by
the
Authority
aforesaid
,
That
the
Kings
Majesty
,
his
Heirs
and
Successors
,
shall
not
take
into
his
two
parts
,
but
leave
to
such
Offender
his
chief
Mansion
House
as
part
of
his
third
part
,
and
shall
not
Demise
,
Lease
or
put
over
the
said
two
parts
nor
any
part
thereof
to
any
Recusant
,
nor
to
or
for
the
use
of
any
Recusant
:
And
that
whosoever
shall
take
the
same
in
Lease
or
otherwise
of
his
Majesty
,
his
Heirs
and
Successors
,
shall
give
such
security
,
not
to
commit
nor
suffer
wast
to
be
committed
in
or
upon
any
the
said
premises
,
as
by
the
Court
of
Exchequer
shall
be
allowed
sufficient
.
His
chief
Mansion
House
.
Termes
de
la
Ley
And
for
the
better
Tryal
how
his
Majesties
Subjects
stand
affected
in
point
of
their
Loyalty
and
due
Obedience
Be
it
also
Enacted
by
the
Authority
aforesaid
,
That
from
and
after
the
end
of
this
present
Session
of
Parliament
,
it
shall
be
lawful
to
and
for
any
Bishop
in
his
Diocess
,
or
any
two
Iustices
of
Peace
,
whereof
one
of
them
to
be
of
the
Quorum
,
within
the
limits
of
their
Iurisdiction
out
of
the
Sessions
,
to
require
any
person
of
the
age
of
Eightéen
years
or
above
,
being
or
which
shall
be
Convict
or
Indicted
of
or
for
any
Recusancy
,
other
then
Noblemen
or
Noblewomen
,
for
not
repairing
to
Divine
Service
,
according
to
the
Laws
of
this
Realm
,
or
which
shall
not
have
received
the
said
Sacrament
twice
within
the
year
then
next
past
,
Noblemen
and
Noblewomen
excepted
,
or
any
person
passing
in
or
through
the
County
,
Shire
or
Liberty
,
and
unknown
,
except
as
is
last
before
excepted
,
that
being
examined
by
them
upon
Oath
,
shall
confess
or
not
deny
himself
or
her self
to
be
a
Recusant
,
or
shall
confess
or
not
deny
that
he
or
she
had
not
received
the
said
Sacrament
twice
within
the
year
then
last
past
,
to
take
the
Oath
hereafter
following
upon
the
holy
Evangelist
.
Which
said
Bishop
,
or
two
Iustices
of
the
Peace
,
shall
certifie
in
writing
,
subscribed
with
his
or
their
Hands
,
at
the
next
General
or
Quarter
Sessions
for
that
Shire
,
Limit
,
Division
or
Liberty
,
within
which
the
said
Oath
shall
be
so
taken
,
the
Christen
Name
,
Surname
and
place
of
aboad
of
every
person
which
shall
so
take
the
said
Oath
;
which
Certificate
shall
be
there
recorded
by
the
Clerk
of
the
Peace
or
Town-Clerk
,
and
kept
amongst
the
Records
of
the
said
Sessions
.
Passing
in
or
through
the
County
,
Shire
or
Liberty
,
and
unknown
.
]
Wingate
tit
.
Crowne
numb.
And
be
it
further
Enacted
,
That
if
any
such
person
or
persons
,
other
than
Noblemen
or
Noblewomen
,
shall
refuse
to
answer
upon
Oath
to
such
Bishop
or
Iustices
of
Peace
examining
him
or
her
as
aforesaid
,
or
to
take
the
said
Oath
so
duly
tendred
unto
him
or
her
by
such
Bishop
,
or
two
such
Iustices
of
Peace
out
of
Sessions
;
that
then
the
said
Bishop
or
Iustices
of
Peace
shall
and
may
commit
the
same
person
to
the
common
Goal
,
there
to
remain
without
Bail
or
Mainprize
until
the
next
Assizes
,
or
General
or
Quarter
Sessions
to
be
holden
for
the
said
Shire
,
Division
,
Limit
or
Liberty
,
where
the
said
Oath
shall
be
again
in
the
said
open
Assizes
or
Sessions
required
of
such
person
by
the
said
Iustices
of
Assize
,
or
Iustices
of
Peace
then
and
there
present
,
or
the
greater
number
of
them
.
And
if
the
said
person
or
persons
,
or
any
other
person
whatsoever
,
other
then
Noblemen
or
Noblewomen
,
of
the
age
of
Eightéen
years
or
above
shall
refuse
to
take
the
said
Oath
being
tendred
unto
him
or
her
by
the
Iustices
of
Assize
and
Goal
delivery
in
their
open
Assizes
,
or
the
Iustices
of
Peace
,
or
the
greater
part
of
them
,
in
their
said
general
Quarter
Sessions
;
every
person
so
refusing
shall
incur
the
danger
and
penalty
of
mentioned
in
the
Statute
of
made
in
the
sixtéenth
year
of
the
Reign
of
King
the
Second
,
except
Women
Covert
,
who
upon
refusal
of
the
said
Oath
shall
be
by
the
said
Iustices
of
Assize
in
their
open
Assize
,
or
Iustices
of
Peace
in
their
General
or
Quarter
Sessions
for
the
said
Offence
,
committed
only
to
the
common
Goal
,
there
to
remain
without
Bail
or
Mainprize
,
till
they
will
take
the
said
Oath
.
There
to
remain
without
Bail
or
Mainprize
.
Wingate
tit
.
Crowne
numb.
Vntil
the
next
Assizes
,
or
General
or
Quarter
Sessions
.
]
Vide
Stat.
Eliz.
cap.
And
if
the
said
person
or
persons
,
or
any
other
person
whatsoever
,
&c
shall
refuse
.
]
(
any
other
person
whatsoever
Jac.
cap.
where
there
must
be
a
Prior
tender
and
refusal
of
this
Oath
,
otherwise
a
refusal
of
it
at
the
Assizes
or
Sessions
,
doth
not
make
a
Praemunire
by
that
Act.
Vide
Co.
12.
131.
Praemunire
.
]
If
a
man
be
committed
by
the
Bishop
or
two
Justices
of
Peace
,
for
refusal
of
this
Oath
,
and
the
tender
and
refusal
be
expressed
in
the
Mittimus
,
the
Justices
of
Assize
or
Justices
of
Peace
in
their
Sessions
are
bound
to
take
notice
of
this
tender
and
refusal
;
and
after
they
have
there
made
the
party
a
second
tender
of
the
Oath
,
and
he
refuses
it
,
by
which
he
incurs
a
Praemunire
,
the
Indictment
against
him
,
to
convict
and
attaint
him
of
a
Praemunire
,
must
contain
all
the
special
matter
,
viz.
that
he
stood
Convicted
or
Indicted
of
Recusancy
,
or
that
he
had
not
received
the
Sacrament
twice
within
the
year
next
before
,
or
that
passing
through
the
Country
and
unknown
,
being
examined
upon
Oath
,
he
confessed
or
denied
not
,
&c.
(
as
the
Case
is
)
and
that
the
Oath
was
tendred
to
him
by
the
Bishop
or
two
Justices
of
Peace
Quorum
unus
&c.
and
he
refused
it
,
and
that
it
was
again
tendred
to
him
in
open
Court
,
and
he
again
refused
it
:
For
in
this
Case
the
Mittimus
Mittimus
.
is
the
ground
,
upon
which
he
must
be
proceeded
against
at
the
Assizes
or
Sessions
.
But
if
the
first
tender
and
refusal
be
not
expressed
in
the
Mittimus
or
Warrant
of
commitment
;
there
,
although
there
was
a
tender
and
refusal
of
the
Oath
before
the
Bishop
or
two
Justices
,
yet
the
Justices
of
Assize
or
Justices
of
Peace
in
their
Sessions
can
take
no
notice
of
it
.
But
they
must
there
tender
him
the
Oath
without
reference
to
any
Prior
tender
(
which
they
may
do
by
force
of
the
said
general
words
,
and
if
he
refuse
it
,
he
incurs
a
Praemunire
:
And
in
this
Case
,
the
Indictment
may
be
short
and
general
(
scil.
)
that
he
was
tendred
the
Oath
in
open
Court
,
and
refused
it
,
&c.
And
so
it
must
be
in
all
Cases
,
where
in
truth
there
was
never
any
Prior
tender
and
refusal
.
Co.
12.
131
,
132.
Jac.
cap.
I
A.
B.
do
truly
and
sincerely
,
acknowledge
,
profess
,
testifie
and
declare
in
my
Conscience
before
God
and
the
World
,
That
our
Sovereign
Lord
King
James
is
Lawful
and
Rightful
King
of
this
Realm
,
and
of
all
other
his
Majesties
Dominions
and
Countries
,
and
that
the
Pope
,
neither
of
himself
nor
by
any
Authority
of
the
Church
or
See
of
Rome
,
or
by
any
other
means
with
any
other
,
hath
any
Power
or
Authority
to
depose
the
King
,
or
to
dispose
any
of
his
Majesties
Kingdoms
or
Dominions
,
or
to
Authorize
any
Foreign
Prince
to
invade
or
annoy
him
,
or
his
Countries
,
or
to
discharge
any
of
his
Subjects
of
their
Allegiance
and
Obedience
to
his
Majesty
,
or
to
give
licence
or
leave
to
any
of
them
to
bear
Arms
,
raise
Tumult
,
or
to
offer
any
Violence
or
hurt
to
his
Majesties
Royal
Person
,
State
or
Government
,
or
to
any
of
his
Majesties
Subjects
within
his
Majesties
Dominions
.
Vnto
which
Oath
so
taken
,
the
said
person
shall
subscribe
his
or
her
Name
or
Mark.
And
be
it
further
Enacted
by
the
Authority
aforesaid
,
That
no
Indictment
or
Indictments
had
or
found
,
or
hereafter
to
be
had
or
found
against
any
person
or
persons
,
for
not
repairing
to
some
Church
or
Chappel
,
or
usual
place
of
Common
Prayer
,
but
absenting
him
or
her self
by
the
space
of
one
month
contrary
to
the
Laws
and
Statutes
in
that
behalf
provided
,
or
for
not
receiving
the
said
Sacrament
contrary
to
this
present
Law
,
nor
any
Proclamation
,
Vtlawry
or
other
procéeding
thereupon
,
shall
at
any
time
hereafter
be
avoided
,
discharged
or
reversed
by
reason
of
any
default
in
form
,
or
lack
of
form
,
or
other
defect
whatsoever
(
other
then
by
direct
traverse
to
the
point
of
not
coming
to
Church
,
or
not
receiving
the
said
Sacrament
)
whereof
such
person
or
persons
hath
beén
or
shall
be
Indicted
;
but
the
same
Indictment
shall
stand
in
force
,
and
be
procéeded
upon
:
Any
such
default
of
form
,
or
other
defect
whatsoever
notwithstanding
.
Eliz.
Dyer
Walmesly
.
Cro.
Pasch.
Eliz.
C.
B.
Vide
Moore
Cornwall
.
Savile
Moore
ibid.
Or
other
defect
whatsoever
.
auterfoits
convict
&c.
Cro.
Trin.
What
is
meant
by
a
Subject
of
this
Realm
,
vide
postea
Sect.
23.
Shall
go
or
pass
out
of
this
Realm
to
serve
.
]
Or
shall
&c.
pass
over
the
Seas
and
there
shall
voluntarily
serve
.
]
Shall
become
bound
by
Obligation
,
&c.
unto
our
Soveraign
Lord
the
Kings
Majesty
.
]
tit
.
Crown
numb.
Vide
Savile
Shall
be
a
Felon
.
And
that
for
the
due
execution
of
this
branch
of
this
present
Law
,
it
shall
and
may
be
lawfull
to
and
for
the
Customer
and
Controller
of
every
Port
,
Haven
or
Creek
,
or
one
of
them
,
and
their
or
either
of
their
Deputy
or
Deputies
,
and
none
other
,
to
receive
and
accept
all
and
every
such
Bond
and
Obligation
to
and
for
the
uses
aforesaid
,
and
to
minister
and
give
the
Oath
aforesaid
according
to
the
true
intent
of
this
Statute
;
(
taking
for
such
Bond
six
pence
,
and
no
more
,
and
for
the
said
Oath
no
Fée
at
all
)
which
said
Customer
and
Controller
shall
Register
and
Certifie
all
and
every
such
Bond
and
Oath
so
taken
,
into
the
Court
of
Exchequer
at
once
every
year
,
upon
pain
of
five
pounds
for
every
Bond
not
so
certified
,
and
twenty
shillings
for
every
Oath
not
so
certified
.
Which
said
Customer
and
Controller
.
]
(
and
(
Customer
or
Controller
vide
Plowden
Dalton
.
Ib.
vide
Dyer
Crompton
Jurisdict
Court
d'Eschequer
George
Reynells
Case
.
Termes
de
la
Ley
Five
pounds
for
every
Bond.
Dalton
cap.
Recusants
Sect.
Provided
always
,
That
this
last
mentioned
Branch
shall
not
extend
to
any
person
or
persons
which
are
already
gone
,
or
shall
go
beyond
the
Seas
to
serve
any
Forreign
Prince
,
State
or
Potentate
,
before
the
Tenth
day
of
next
coming
,
for
his
said
going
or
passing
before
the
said
Tenth
day
of
And
further
be
it
Enacted
by
the
Authority
aforesaid
,
That
if
any
person
or
persons
at
any
time
after
the
said
Tenth
day
of
shall
either
upon
the
Seas
,
or
beyond
the
Seas
,
or
in
any
other
place
within
the
Dominions
of
the
Kings
Majesty
,
his
Heirs
or
Successors
put
in
practice
to
absolve
,
perswade
or
withdraw
any
of
the
Subjects
of
the
Kings
Majesty
,
or
of
his
Heirs
and
Successors
of
this
Realm
of
from
their
natural
Obedience
to
his
Majesty
,
his
Heirs
or
Successors
,
or
to
reconcile
them
to
the
Pope
or
Sée
of
or
to
move
them
or
any
of
them
to
promise
Obedience
to
any
pretended
Authority
to
the
Sée
of
or
to
any
other
Prince
,
State
or
Potentate
,
That
then
every
such
person
,
their
Procurers
,
Counsellors
,
Aiders
and
Maintainers
,
knowing
the
same
,
shall
be
to
all
intents
adjudged
Traytors
,
and
,
being
thereof
lawfully
convicted
,
shall
have
Iudgment
,
suffer
and
forfeit
as
in
Cases
of
High
Treason
.
And
if
any
such
person
as
aforesaid
,
at
any
time
after
the
said
Tenth
day
of
shall
be
either
upon
the
Seas
,
or
beyond
the
Seas
,
or
in
any
other
place
within
the
Dominions
of
the
Kings
Majesty
,
his
Heirs
or
Successors
,
willingly
absolved
or
withdrawn
as
aforesaid
,
or
willingly
reconciled
,
or
shall
promise
Obedience
to
any
such
pretended
Authority
,
Prince
,
State
or
Potentate
as
aforesaid
,
That
every
such
person
and
persons
,
their
Procurers
and
Counsellers
,
Aiders
and
Maintainers
,
knowing
the
same
,
shall
be
to
all
intents
adjudged
Traytors
,
and
being
thereof
lawfully
convicted
,
shall
have
Iudgment
,
suffer
and
forfeit
as
in
Cases
of
High
Treason
.
Withdraw
any
of
the
Subjects
of
the
Kings
Majesty
,
&c.
from
their
natural
Obedience
.
]
contra
ligeantiae
suae
debitum
Ph.
&
Mar.
Stephano
Ferrara
de
Gama
Emanuel
Lewes
Tinoco
Ramsey
.
Co.
Calvins
Case
.
Dyer
Ph.
&
Mar.
Curteenes
Case
vide
Co.
Calvins
Case
Vide
Stat.
Eliz.
cap.
Provided
nevertheless
,
That
the
last
mentioned
Clause
of
this
Branch
,
or
any
thing
therein
contained
,
shall
not
extend
,
or
be
taken
to
extend
to
any
person
or
persons
whatsoever
,
which
shall
hereafter
be
reconciled
to
the
Pope
or
Sée
of
as
aforesaid
(
for
and
touching
the
point
of
so
being
reconciled
only
)
that
shall
return
into
this
Realm
,
and
thereupon
within
six
days
next
after
such
return
before
the
Bishop
of
the
Diocess
,
or
two
Iustices
of
Peace
(
joyntly
or
severally
)
of
the
County
where
he
shall
arrive
,
submit
himself
to
his
Majesty
and
his
Laws
,
and
take
the
Oath
set
forth
by
Act
in
the
first
year
of
the
Reign
of
the
late
Quéen
commonly
called
the
Oath
of
Supremacy
,
as
also
the
Oath
before
set
down
in
this
present
Act
,
which
said
Oaths
the
said
Bishop
and
Iustices
respectively
shall
have
Power
and
Authority
by
this
present
Act
to
minister
to
such
persons
as
aforesaid
;
And
the
said
Oaths
so
taken
,
the
said
Bishop
and
Iustices
before
whom
such
Oaths
shall
be
so
taken
respectively
,
shall
certifie
at
the
next
General
or
Quarter
Sessions
of
the
Peace
to
be
holden
within
the
said
Shire
,
Limit
,
Division
or
Liberty
wherein
such
person
as
aforesaid
shall
submit
himself
,
and
take
the
said
Oaths
as
aforesaid
,
upon
pain
of
every
one
neglecting
to
certifie
the
same
as
aforesaid
,
the
sum
of
Forty
pounds
.
Which
shall
hereafter
be
reconciled
.
]
Dalton
cap.
High
Treason
Sect.
For
and
touching
the
point
of
so
being
reconciled
only
.
]
(
viz.
)
the
being
reconciled
to
the
Pope
or
Sée
of
Eliz.
cap.
if
a
person
be
thus
reconciled
,
Dalton
V.
cap.
High
Treason
Submit
himself
to
his
Majesty
and
his
Laws
.
vide
Stat.
Eliz.
cap.
And
be
it
further
Enacted
,
That
all
and
every
person
and
persons
,
that
shall
offend
contrary
to
this
present
branch
of
this
Statute
,
shall
be
Indicted
,
tried
and
proceéded
against
by
and
before
the
Iustices
of
Assize
and
Goal
delivery
of
that
County
for
the
time
being
,
or
before
the
Iustices
of
the
Court
of
Kings
Bench
,
and
be
there
procéeded
against
according
to
the
Laws
and
Statutes
of
this
Realm
against
Traitors
,
as
if
the
said
Offence
had
béen
committed
in
the
same
County
where
such
person
or
persons
shall
be
so
taken
:
Any
Law
,
Custom
or
Statute
to
the
contrary
in
any
wise
notwithstanding
.
(
taken
Jac.
cap.
Provided
always
,
That
if
any
Peér
of
this
Realm
shall
happen
to
be
Indicted
of
any
Offence
made
Treason
by
this
Act
,
he
shall
have
his
Trial
by
his
Péers
,
as
in
other
like
Cases
of
Treason
is
accustomed
.
And
be
it
further
Enacted
,
That
if
any
Subject
of
this
Realm
,
at
any
time
after
one
month
next
after
the
end
of
this
present
Session
of
Parliament
,
shall
not
resort
or
repair
every
to
some
Chuch
,
Chappel
or
some
other
usual
place
appointed
for
Common
Prayer
,
and
there
hear
Divine
Service
,
according
to
the
Statute
made
in
that
behalf
,
in
the
first
year
of
the
Reign
of
the
late
Q.
that
then
it
shall
and
may
be
lawful
to
and
for
any
one
Iustice
of
Peace
of
that
Limit
,
Division
or
Liberty
wherein
the
said
party
shall
dwell
,
upon
proof
unto
him
made
of
such
default
by
confession
of
the
party
or
Oath
of
witness
,
to
call
the
said
party
before
him
:
and
if
he
or
she
shall
not
make
a
sufficient
excuse
and
due
proof
thereof
,
to
the
satisfaction
of
the
said
Iustice
of
Peace
,
That
it
shall
be
lawful
for
the
said
Iustice
of
Peace
to
give
Warrant
to
the
Churchwarden
of
the
said
Parish
,
wherein
the
said
party
shall
dwell
,
under
his
Hand
and
Seal
to
levy
twelve
pence
for
every
such
default
by
distress
and
sale
of
the
Goods
of
every
such
Offender
,
rendring
to
the
said
Offender
the
Overplus
of
the
money
raised
of
the
said
Goods
so
to
be
sold
,
and
that
in
default
of
such
distress
,
it
shall
and
may
be
lawful
for
the
said
Iustice
of
Peace
to
commit
every
such
Offender
to
some
Prison
within
the
said
Shire
,
Division
,
Limit
,
or
Liberty
wherein
such
Offender
shall
be
inhabiting
,
until
payment
be
made
of
the
said
sum
or
sums
so
to
be
forfeited
,
which
forfeiture
shall
be
imployed
to
and
for
the
use
of
the
Poor
of
that
Parish
,
wherein
the
Offender
shall
be
resident
or
abiding
at
the
time
of
such
Offence
committed
.
Provided
,
That
no
man
be
impeached
upon
this
Clause
,
except
he
be
called
in
question
for
his
said
default
,
within
one
month
next
after
the
said
default
made
.
And
that
no
man
,
being
punished
according
to
this
Branch
,
shall
for
the
same
Offence
be
punished
by
the
forfeiture
of
twelve
pence
,
upon
the
Law
made
in
the
first
year
of
the
late
Quéen
If
any
Subject
of
this
Realm
.
]
(
Subject
(
Subject
England
.
Vide
Vaughan
per
Sunday
per
Sunday
Eliz.
cap.
Every
person
and
persons
inhabiting
within
this
Realm
Co.
lib.
Every
Sunday
.
Dalton
V.
cap.
To
the
satisfaction
of
the
said
Iustice
of
Peace
.
]
To
levy
twelve
pence
for
every
such
default
.
]
Eliz.
cap.
B.
R.
Rolles
And
because
in
one
Act
of
Parliament
begun
and
holden
at
in
the
five
and
thirtieth
year
of
the
late
Quéen
Intituled
,
An
Act
to
retain
the
Quéens
Majesties
Subjects
in
their
due
Obedience
,
there
are
two
branches
contained
,
the
first
beginning
thus
:
(
And
for
that
every
person
,
having
House
and
Family
,
is
in
duty
bounden
to
have
especial
regard
of
the
good
government
and
ordering
of
the
same
)
and
so
forth
to
the
next
Clause
beginning
thus
:
(
Provided
nevertheless
,
That
this
Act
shall
not
in
any
wise
extend
to
punish
or
impeach
any
persons
for
relieving
,
&c.
ending
with
these
words
,
Any
thing
in
this
Act
contained
to
the
contrary
notwithstanding
.
)
Which
said
two
Branches
or
Clauses
are
found
defective
.
Be
it
therefore
Enacted
,
That
the
said
two
Branches
or
Clauses
of
the
said
Act
,
and
no
more
,
shall
be
by
Authority
of
this
present
Parliament
utterly
repealed
and
made
void
.
And
in
lieu
thereof
Be
it
.
Enacted
,
that
every
person
and
persons
which
after
one
month
next
after
the
end
of
this
present
Session
of
Parliament
shall
willingly
maintain
,
retain
,
relieve
,
kéep
or
harbour
in
his
or
their
House
any
Servant
,
Sojourner
or
Stranger
who
shall
not
go
to
,
or
repair
to
some
Church
or
Chappel
,
or
usual
place
of
Common
Prayer
to
hear
Divine
Service
,
but
shall
forbear
the
same
by
the
space
of
one
month
together
,
not
having
a
reasonable
Excuse
,
contrary
to
the
Laws
and
Statutes
of
this
Realm
,
shall
forfeit
ten
pounds
for
every
month
that
he
,
she
or
they
shall
so
relieve
,
maintain
,
retain
,
keép
or
harbour
any
such
Servant
,
Sojourner
or
Estranger
in
his
or
their
House
,
so
forbearing
as
aforesaid
.
And
that
every
person
which
shall
within
the
time
aforesaid
retain
or
kéep
in
his
,
her
or
their
service
,
fée
or
livery
,
any
person
or
persons
which
shall
not
go
to
,
or
repair
to
some
Church
,
Chappel
or
usual
place
of
Common
Prayer
to
hear
Divine
Service
,
but
shall
forbear
the
same
by
the
space
of
one
month
together
,
shall
forfeit
for
every
month
he
,
she
or
they
shall
so
retain
,
kéep
or
continue
in
his
or
their
service
,
fée
or
livery
,
any
such
person
or
persons
so
forbearing
as
aforesaid
,
knowing
the
same
,
ten
pounds
,
the
same
penalties
to
be
recovered
and
employed
in
manner
and
form
hereafter
following
.
Willingly
&c.
kéep
or
harbour
In
his
,
her
or
their
service
,
Fée
or
Livery
.
]
Ten
pounds
.
Dalton
,
cap.
tit
.
Recusants
Sect.
Provided
nevertheless
,
That
this
Act
shall
not
in
any
wise
extend
to
punish
or
impeach
any
person
or
persons
for
maintaining
,
retaining
,
relieving
,
keeping
or
harbouring
,
his
,
her
or
their
Father
or
Mother
,
wanting
,
without
fraud
or
Covin
,
other
habitation
or
sufficient
maintenance
,
or
the
Ward
of
any
such
person
,
or
any
person
that
shall
be
committed
by
Authority
to
the
custody
of
any
by
whom
they
shall
be
so
relieved
,
maintained
or
kept
:
Any
thing
in
this
Act
contained
to
the
contrary
notwithstanding
.
Wanting
,
without
fraud
or
Covin
,
other
habitation
or
sufficient
maintenance
.
]
That
shall
be
committed
by
Authority
to
the
custody
,
&c.
And
be
it
further
Enacted
by
Authority
of
this
present
Parliament
,
That
upon
any
lawful
Writ
,
Warrant
or
Process
,
awarded
to
any
Sheriff
or
other
Officer
,
for
the
taking
or
apprehending
of
any
Popish
Recusant
standing
Excommunicated
for
such
Recusancy
,
it
shall
be
lawful
for
such
Sheriff
or
other
Officer
Authorized
in
that
behalf
,
if
need
be
,
to
break
open
any
House
wherein
such
person
Excommunicate
shall
be
;
or
to
raise
the
power
of
the
County
for
the
apprehending
of
such
person
,
and
the
better
Execution
of
such
Warrant
,
Writ
or
Process
.
Standing
Excommunicated
.
Jac.
cap.
For
such
Recusancy
And
be
it
further
Enacted
That
all
and
every
offence
to
be
committed
or
done
against
this
present
Act
,
shall
and
may
be
enquired
of
,
heard
and
determined
before
the
Iustices
of
the
Kings
Bench
,
Iustices
of
Assize
and
Gaol
delivery
in
their
several
Assizes
and
Gaol
deliveries
.
And
all
offences
,
other
then
Treason
,
shall
be
enquired
,
heard
and
determined
before
the
Iustices
of
Peace
,
in
their
General
or
Quarter
Sessions
to
be
holden
within
the
Shire
,
Division
,
Limit
or
Liberty
wherein
such
offence
shall
happen
.
General
or
Quarter
Sessions
.
Vide
Stat.
Eliz.
cap.
Wherein
such
offence
shall
happen
.
]
(
viz.
Provided
always
,
and
be
it
Enacted
by
the
Authority
aforesaid
,
That
any
Attainder
of
Felony
,
made
Felony
by
this
Act
as
is
aforesaid
,
shall
not
in
any
wise
extend
to
take
away
the
Dower
of
the
Wife
of
any
such
person
attainted
,
or
be
any
bar
for
recovery
of
the
same
,
nor
shall
make
or
work
any
corruption
of
Blood
,
or
disherison
of
any
the
heir
or
heirs
of
any
such
person
or
persons
so
attainted
:
This
Act
,
or
any
thing
therein
contained
to
the
contrary
in
any
wise
notwithstanding
.
And
be
it
further
Enacted
,
That
if
any
Action
or
Actions
shall
at
any
time
hereafter
be
commenced
or
brought
against
any
person
or
persons
,
doing
,
committing
or
commanding
any
Act
or
Thing
for
or
concerning
the
Execution
of
this
present
Statute
,
or
any
Article
or
Clause
therein
contained
,
That
then
every
Defendant
in
such
Action
and
Actions
may
plead
the
general
Issue
,
and
be
received
to
maintain
the
same
,
by
any
Evidence
that
shall
prove
his
doings
and
proceedings
warrantable
by
this
Law
.
Provided
always
,
That
neither
this
Act
,
nor
any
thing
therein
contained
,
shall
extend
to
take
away
or
abridge
the
Authority
or
Iurisdiction
of
the
Ecclesiastical
Censures
,
for
any
Canse
or
Matter
,
but
that
the
Commissioners
of
his
Majesty
,
his
heirs
and
Successors
,
in
Causes
Ecclesiastical
for
the
time
being
,
and
the
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
.
Provided
always
,
and
be
it
Enacted
,
That
no
person
shall
be
charged
or
chargeable
with
any
penalty
or
forfeiture
by
force
of
this
Act
,
which
shall
happen
for
his
Wives
offence
in
not
receiving
the
said
Sacrament
during
her
Marriage
,
nor
that
any
Woman
shall
be
charged
or
chargeable
with
any
penalty
or
forfeiture
by
force
of
this
Act
,
for
any
such
Offence
of
not
receiving
which
shall
happen
during
her
Marriage
.
With
any
penalty
or
forfeiture
by
force
of
this
Act.
Jac.
cap.
For
any
such
offence
of
not
receiving
.
tit
.
Crowne
numb.
Provided
also
and
be
it
Enacted
by
Authority
of
this
Parliament
,
That
in
all
causes
where
any
Bishop
or
Iustices
of
the
Peace
may
by
force
of
this
Act
require
and
take
of
any
Subject
the
Oath
above
mentioned
,
That
the
Lords
of
the
Privy
Counsel
for
the
time
being
,
or
any
six
of
them
,
whereof
the
Lord
Chancellor
,
Lord
Treasurer
or
the
principal
Secretary
for
the
time
being
to
be
one
,
shall
have
full
Power
and
Authority
by
force
of
this
Act
,
at
any
time
or
times
to
require
and
take
the
said
Oaths
before
mentioned
,
of
any
Nobleman
or
Noblewoman
(
then
being
above
the
age
of
Eighteén
years
)
.
And
if
any
such
Nobleman
or
Noblewoman
(
other
then
Women
married
)
shall
refuse
to
take
such
Oath
or
Oaths
,
that
in
every
such
Case
such
Nobleman
and
Noblewoman
shall
incur
the
pain
and
danger
of
a
Where
any
Bishop
or
Iustices
of
the
Peace
.
]
(
where
any
Bishop
or
Iustices
of
Peace
)
(
Bishop
(
in
all
causes
where
&c.
)
(
viz.
Vaux
Pasch
Jac.
cap.
Noblewoman
.
Jac.
cap.
Then
being
above
the
age
of
Eightéen
years
.
]
Vide
Rolles
abridg
.
tit.
Temps
Praemunire
.
(
viz.
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
.
Freeland
.
Rolles
Sheffeild
&
Ratcliffe
.
Yelverton
Owen
.
Plowden
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
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
.
]
Wingate
tit
.
Crowne
numb.
Commanding
the
said
Sheriff
or
other
Officer
to
pay
the
same
.
]
Dalton
,
cap.
tit
.
Recusants
And
whereas
the
repair
of
such
evil
affected
persons
to
the
Court
or
to
the
City
of
may
be
very
dangerous
to
his
Majesties
person
,
and
may
give
them
more
liberty
to
méet
,
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
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
of
Law
shall
be
allowed
.
And
that
all
Popish
Recusants
Indicted
or
Convicted
,
and
all
other
persons
which
have
not
repaired
to
some
usuall
Church
or
Chappel
,
and
there
heard
Divine
Service
,
but
have
forborn
the
same
by
the
space
of
thrée
months
last
past
,
contrary
to
the
Laws
and
Statutes
of
this
Realm
,
dwelling
,
abiding
or
remaining
within
the
City
of
or
the
Liberties
thereof
,
or
within
ten
miles
of
the
said
City
,
shall
within
thrée
months
next
after
the
end
of
this
Session
of
Parliament
,
depart
from
the
said
City
of
and
ten
miles
Compass
of
the
same
,
and
also
shall
deliver
up
their
names
to
the
Lord
Mayor
of
in
case
such
Recusant
do
dwell
or
remain
within
the
said
City
of
or
the
Liberties
thereof
:
And
in
case
the
said
Recusant
shall
dwell
or
remain
in
any
other
County
within
Ten
miles
of
the
same
City
,
Then
the
said
Recusant
shall
deliver
up
his
or
her
name
to
the
next
Iustice
of
Peace
within
such
County
,
where
the
said
Recusant
shall
so
dwell
or
remain
,
within
forty
days
after
the
end
of
this
Session
of
Parliament
,
upon
pain
that
every
person
offending
herein
shall
forfeit
to
our
Soveraign
Lord
the
Kings
Majesty
,
his
Heirs
and
Successors
,
the
sum
of
One
hundred
pounds
:
The
one
moiety
whereof
shall
be
to
the
Kings
Majesty
,
his
Heirs
and
Successors
,
the
other
moiety
to
him
or
them
that
will
sue
for
the
same
by
Action
of
Debt
,
Bill
,
Plaint
or
Information
in
any
of
the
Kings
Majesties
Courts
of
Record
,
wherein
no
Essoign
,
Protection
,
or
wager
of
Law
shall
be
admitted
or
allowed
.
And
that
all
Popish
Recusants
,
which
shall
hereafter
come
,
dwell
or
remain
within
the
said
City
of
or
the
Liberties
thereof
,
or
within
ten
miles
of
the
said
City
,
which
now
are
or
hereafter
shall
be
Indicted
or
Convicted
of
such
Recusancy
,
or
which
shall
at
any
time
hereafter
not
repair
unto
some
Church
or
Chappel
,
and
there
hear
Divine
Service
,
but
shall
forbear
the
same
by
the
space
of
threé
months
,
contrary
to
the
Laws
and
Statutes
of
this
Realm
,
shall
within
ten
dayes
after
such
Indictment
or
Conviction
,
depart
from
the
said
City
of
and
ten
miles
Compass
of
the
same
,
and
also
shall
deliver
up
their
names
to
the
Lord
Mayor
of
for
the
time
being
,
in
Case
such
Recusant
shall
dwell
or
remain
within
the
said
City
of
or
the
Liberties
thereof
:
And
in
Case
the
said
Recusant
shall
dwell
or
remain
in
any
other
County
within
ten
miles
of
the
said
City
,
then
the
said
Recusant
shall
deliver
up
his
or
her
name
to
the
next
Iustice
of
Peace
within
such
County
where
the
said
Recusant
shall
so
dwell
or
remain
,
within
the
said
ten
days
next
after
such
Indictment
or
Conviction
,
upon
pain
that
every
person
offending
herein
shall
likewise
forfeit
to
our
said
Soveraign
Lord
the
Kings
Majesty
,
his
Heirs
and
Successors
,
the
like
sum
of
an
hundred
pounds
;
The
one
moiety
whereof
shall
be
to
the
Kings
Majesty
,
his
Heirs
and
Successors
,
and
the
other
to
him
or
them
that
will
sue
for
the
same
by
Action
of
Debt
,
Bill
,
Plaint
or
Information
in
any
of
the
Kings
Majesties
Courts
of
Record
,
wherein
no
Essoign
,
protection
or
wager
of
Law
shall
be
admitted
or
allowed
.
Dalton
cap.
Recusants
Sect.
(
viz.
Vide
Stat.
Eliz.
cap.
Provided
always
That
such
person
or
persons
as
now
use
any
Trade
,
mystery
or
manual
Occupation
within
the
said
City
of
or
within
ten
miles
of
the
same
,
and
such
as
have
or
shall
have
their
only
dwelling
within
the
said
City
or
ten
miles
Compass
of
the
same
,
not
having
any
other
dwelling
or
place
of
abode
elsewhere
,
shall
or
may
remain
and
continue
in
such
place
within
the
said
City
or
ten
miles
of
the
same
,
as
they
have
dwelled
,
inhabited
or
remained
in
by
the
space
of
thrée
months
next
before
this
present
Session
of
Parliament
:
Any
thing
herein
contained
to
the
contrary
notwithstanding
.
such
as
shall
have
their
only
dwelling
within
the
said
City
,
(
shall
have
And
whereas
by
a
Statute
made
at
in
the
Five
and
thirtieth
year
of
the
Reign
of
Queén
Intituled
,
An
Act
for
the
restraining
of
Popish
Recusants
to
some
certain
place
of
abode
,
it
was
,
amongst
other
things
,
Ordained
and
Enacted
,
That
every
Popish
Recusant
then
or
after
Convicted
for
not
repairing
to
Church
,
Chappel
or
usual
place
of
Common
Prayer
,
having
any
certain
place
of
dwelling
and
abode
within
this
Realm
,
should
,
within
the
time
limited
by
the
said
Statute
,
repair
to
their
place
of
usual
dwelling
and
abode
;
or
not
having
any
certain
place
of
dwelling
or
abode
within
this
Realm
,
should
likewise
within
the
time
limited
by
the
said
Statute
,
repair
to
the
place
where
such
person
was
born
,
or
where
the
Father
or
Mother
of
such
person
should
be
dwelling
,
and
not
at
any
time
remove
or
pass
above
five
miles
from
thence
under
the
pains
in
the
said
Statute
limited
and
provided
:
Which
Statute
,
by
reason
of
sundry
Licences
given
unto
such
Recusants
under
colour
of
a
Proviso
in
the
said
Statute
contained
,
hath
not
wrought
that
good
effect
in
the
Commonwealth
as
was
hoped
:
Be
it
therefore
Enacted
&
Ordained
by
this
present
Parliament
,
and
by
the
Authority
of
the
same
,
That
the
said
Statute
made
in
the
said
Five
and
thirtieth
year
of
the
said
Quéen
for
and
concerning
the
confining
of
the
said
Recusants
,
under
the
pains
and
penalties
therein
contained
,
shall
by
this
Act
,
and
by
the
Authority
of
the
same
be
confirmed
,
and
be
hereafter
put
in
due
execution
according
to
the
tenour
,
true
intent
and
meaning
of
the
said
Statute
in
that
behalf
made
:
And
that
the
said
Proviso
in
the
said
Statute
contained
,
giving
power
to
grant
Licence
or
Licences
unto
the
said
Recusants
to
go
and
Travel
from
or
out
of
the
compass
of
the
said
five
miles
,
shall
be
from
and
after
the
end
of
this
present
Session
of
Parliament
,
utterly
repealed
and
void
,
Any
thing
in
the
said
Statute
to
the
contrary
notwithstanding
.
Then
or
after
Convicted
.
Giving
power
to
grant
Licence
or
Licences
unto
the
said
Recusants
.
]
Eliz.
cap.
Provided
nevertheless
,
and
be
it
further
Enacted
by
this
present
Parliament
,
and
by
the
Authority
of
the
same
,
That
it
shall
and
may
be
lawful
for
the
Kings
most
excellent
Majesty
,
his
Heirs
and
Successors
,
or
for
thrée
or
more
of
his
Majesties
most
Honourable
Privy
Council
,
or
for
threé
or
more
of
the
Privy
Council
of
his
Heirs
or
Successors
,
in
writing
under
the
hands
of
the
said
Privy
Counsellors
,
to
give
Licence
to
every
such
Recusant
to
go
and
Travel
out
of
the
compass
of
the
said
five
miles
,
for
such
time
as
in
the
said
Licence
shall
be
contained
,
for
their
travelling
,
attending
and
returning
,
and
without
any
other
Cause
to
be
expressed
within
the
said
Licence
.
And
if
any
of
the
persons
which
are
so
confined
by
virtue
of
the
said
Statute
as
is
aforesaid
,
shall
have
necessary
occasion
or
business
to
go
and
Travel
out
of
the
compass
of
the
said
five
miles
,
That
then
and
in
every
such
Case
,
upon
Licence
in
writing
in
that
behalf
to
be
gotten
under
the
Hands
and
Seals
of
four
of
the
Iustices
of
Peace
of
the
same
County
,
Limit
,
Division
,
or
place
next
adjoyning
to
the
place
of
abode
of
such
Recusant
,
with
the
privity
and
assent
in
writing
of
the
Bishop
of
the
Diocess
,
or
of
the
Lieutenant
,
or
of
any
Deputy
Lieutenant
of
the
same
County
,
residing
within
the
said
County
or
Liberty
,
under
their
Hands
and
Seals
,
In
every
of
which
Licence
or
Licences
in
writing
so
to
be
had
and
made
,
shall
be
specified
and
contained
both
the
particular
cause
of
the
said
Licence
,
and
the
time
how
long
the
said
party
licensed
shall
be
absent
in
travelling
,
attending
and
returning
;
It
shall
and
may
thereupon
be
lawful
for
every
such
person
so
licenced
,
to
go
and
Travel
about
such
their
necessary
business
,
and
for
such
time
only
for
their
travelling
,
attending
and
returning
as
shall
be
comprized
in
the
said
Licence
,
the
said
party
so
licenced
first
taking
his
corporal
Oath
before
the
said
Four
Iustices
of
the
Peace
or
any
of
them
(
who
shall
have
Authority
by
virtue
of
this
Act
to
minister
the
same
)
that
he
hath
truly
informed
them
of
the
Cause
of
his
Iourney
,
and
that
he
shall
not
make
any
causless
stays
;
And
that
all
and
every
Licence
hereafter
to
be
made
in
this
behalf
,
contrary
to
the
tenor
,
effect
and
true
meaning
of
this
Statute
,
shall
be
utterly
void
,
frustrate
and
of
none
effect
,
Any
thing
in
the
said
former
Act
,
or
in
this
Act
,
to
the
contrary
notwithstanding
.
And
every
person
so
confined
,
which
shall
depart
or
go
above
five
miles
from
the
place
whereunto
he
is
or
shall
be
confined
,
not
having
such
Licence
,
and
not
having
taken
such
Oath
as
aforesaid
,
shall
incur
the
pain
and
penalty
,
and
forfeit
as
a
Recusant
Convicted
,
and
passing
or
going
above
five
miles
from
the
said
place
,
whereunto
he
is
or
shall
be
confined
by
the
said
Statute
of
should
do
For
the
Kings
most
Excellent
Majesty
,
&c.
or
for
thrée
or
more
of
his
Majesties
most
Honorable
Privy
Councel
,
&c.
to
give
Licence
to
every
such
Recusant
.
]
(
such
Recusant
(
such
Recusant
Vide
Co.
Vide
Stat.
Eliz.
cap.
Without
any
other
cause
to
be
expressed
.
]
Vnder
the
Hands
and
Seals
.
]
Cro.
Mich.
Of
four
of
the
Iustices
of
Peace
.
]
Mucclefield
,
Mich.
Jac.
in
Rolles
With
the
privity
and
assent
in
Writing
of
the
Bishop
,
&c.
the
Lieutenant
or
of
any
Deputy
Lieutenant
.
]
Jac.
Moore
Cro.
Mich.
B.
R.
Cro.
Jac.
supra
Residing
within
the
said
County
or
Liberty
.
(
residing
within
the
said
County
or
Liberty
)
viz.
(
of
the
same
County
)
viz.
(
Residing
:
)
The
particular
cause
of
the
said
Licence
.
]
B.
R.
Cro.
Jac.
supra
Dalton
,
V.
cap.
First
taking
his
Corporal
Oath
.
]
Jac.
cap.
Before
the
said
four
Iustices
of
the
Peace
or
any
of
them
.
]
Sure
guide
,
cap.
(
who
shall
have
Authority
by
vertue
of
this
Act
to
minister
the
same
)
That
he
hath
truly
informed
them
of
the
cause
of
his
Iourney
.
]
Vide
Moore
And
be
it
further
Enacted
by
the
Authority
aforesaid
,
That
no
Recusant
convict
shall
at
any
time
after
the
end
of
this
Session
of
Parliament
,
practise
the
Common
Law
of
this
Realm
,
as
a
Chancellor
,
Clerk
,
Attorney
or
Solicitor
in
the
same
,
nor
shall
practise
the
Civil
Law
,
as
Advocate
or
Proctor
,
nor
practise
Physick
,
nor
exercise
or
use
the
Trade
or
Art
of
an
Apothecary
,
nor
shall
be
Iudge
,
Minister
,
Clerk
or
Steward
of
or
in
any
Court
,
or
kéep
any
Court
,
nor
shall
be
Register
or
Town
Clerk
,
or
other
Minister
or
Officer
in
any
Court
,
nor
shall
bear
any
Office
or
Charge
,
as
Captain
,
Lieutenant
,
Corporal
,
Sergeant
,
Ancient-bearer
,
or
other
Office
in
Camp
,
Troup
,
Band
or
Company
of
Souldiers
,
nor
shall
be
Captain
,
Master
,
Governor
,
or
bear
any
Office
or
Charge
of
or
in
any
Ship
,
Castle
,
or
Fortress
of
the
Kings
Majesties
,
his
Heirs
and
Successors
,
but
be
utterly
dissabled
for
the
same
:
and
every
person
offending
herein
,
shall
also
forfeit
for
every
such
offence
One
hundred
pounds
,
the
one
moity
whereof
shall
be
to
the
Kings
Majesty
,
his
Heirs
and
Successors
,
and
the
other
moiety
to
him
that
will
sue
for
the
same
by
Action
of
Debt
,
Bill
,
Plaint
or
Information
,
in
any
of
the
Kings
Majesties
Courts
of
Record
,
wherein
no
Essoin
,
Protection
or
Wager
of
Law
shall
be
admitted
or
allowed
.
And
be
it
also
Enacted
by
the
Authority
aforesaid
,
That
no
Popish
Recusant
convict
,
nor
any
having
a
Wife
being
a
Popish
Recusant
convict
,
shall
at
any
time
after
the
end
of
this
Session
of
Parliament
,
or
any
Popish
Recusant
hereafter
to
be
convict
,
or
having
a
Wife
which
hereafter
shall
be
a
Popish
Recusant
convict
,
at
any
time
after
his
or
her
conviction
,
shall
exercise
any
publick
Office
or
Charge
in
the
Commonwealth
,
but
shall
be
utterly
disabled
to
exercise
the
same
by
himself
,
or
by
his
Deputy
,
(
except
such
Husband
himself
,
and
his
Children
which
shall
be
above
the
age
of
nine
years
abiding
with
him
,
and
his
Servants
in
houshold
,
shall
once
every
month
at
the
least
,
not
having
any
reasonable
excuse
to
the
contrary
,
repair
to
some
Church
or
Chappel
,
usual
for
Divine
Service
,
and
there
hear
Divine
Service
;
And
the
said
Husband
,
and
such
his
Children
and
Servants
as
are
of
méet
age
,
receive
the
Sacrament
of
the
Lords
Supper
,
at
such
times
as
are
limited
by
the
Laws
of
this
Realm
,
and
do
bring
up
his
said
Children
in
true
Religion
)
.
Dalton
,
cap.
tit
.
Recusants
,
Sect.
And
be
it
also
Enacted
by
the
Authority
aforesaid
,
That
every
Married
Woman
being
,
or
that
shall
be
a
Popish
Recusant
convict
(
her
Husband
not
standing
convicted
of
Popish
Recusancy
)
which
shall
not
conform
her self
and
remain
conformed
,
but
shall
forbear
to
repair
to
some
Church
or
usual
place
of
Common
Prayer
,
and
there
to
hear
Divine
Service
and
Sermon
,
if
any
then
be
,
and
within
the
said
year
receive
the
Sacrament
of
the
Lords
Supper
,
according
to
the
Laws
of
this
Realm
,
by
the
space
of
one
whole
year
next
before
the
death
of
her
said
Husband
,
shall
forfeit
and
loose
to
the
Kings
Majesty
,
his
Heirs
and
Successors
,
the
issues
and
profits
of
two
parts
of
her
Ioynture
,
and
two
parts
of
her
Dower
in
thrée
parts
to
be
divided
during
her
life
,
of
or
out
of
any
the
Lands
,
Tenements
or
Hereditaments
,
which
are
or
were
her
said
Husbands
;
and
also
be
disabled
to
be
Executrix
or
Administratrix
of
her
said
Husband
,
and
to
have
or
demand
any
part
or
portion
of
her
said
late
Husbands
Goods
or
Chattels
,
by
any
Law
,
custom
or
usage
whatsoever
.
The
issues
and
profits
of
two
parts
of
her
Ioynture
and
two
parts
of
her
Dower
.
]
Wingate
tit
.
Crown
numb.
Vide
Anderson
Jac.
B.
R.
Woods
Case
Sherwells
Case
nient
accouple
in
Loyal
Matrimony
said
Husband
And
be
it
further
Enacted
by
the
Authority
aforesaid
,
That
every
Popish
Recusant
,
which
is
or
shall
be
convicted
of
Popish
Recusancy
,
shall
stand
and
be
reputed
to
all
intents
and
purposes
disabled
as
a
person
lawfully
and
duly
Excommunicated
,
and
as
if
he
or
she
had
béen
so
denounced
and
excommunicated
according
to
the
Laws
of
this
Realm
,
until
he
or
she
so
disabled
shall
conform
him
or
her self
,
and
come
to
Church
,
and
hear
Divine
Service
,
and
receive
the
Sacrament
of
the
Lords
Supper
,
according
to
the
Laws
of
this
Realm
,
and
also
take
the
Oath
appointed
and
prescribed
in
one
other
Act
made
this
present
Session
of
Parliament
,
Intituled
,
And
that
every
person
or
persons
sued
or
to
be
sued
by
such
person
so
disabled
,
shall
and
may
plead
the
same
in
disabling
of
such
Plaintiff
,
as
if
he
or
she
were
Excommunicated
by
Sentence
in
the
Ecclesiastical
Court
.
Convicted
of
Popish
Recusancy
.
(
Convicted
Reputed
to
all
intents
and
purposes
disabled
as
a
person
&c.
Excommunicated
.
]
Wingate
tit
.
Crown
numb.
May
plead
the
same
in
disabling
of
such
Plaintiff
.
]
quousque
&c.
nul
tiel
Record
nul
tiel
Record
Common
Pleas
Thrill
:
vide
Qui
tam
&c.
Swinborne
Part
Qui
tam
&c.
Qui
tam
&c.
He
shall
be
disabled
to
all
intents
as
an
Excommunicate
person
.
Vide
Finch
Provided
nevertheless
,
That
it
shall
and
may
be
lawful
for
any
such
person
so
disabled
,
for
and
notwithstanding
any
thing
in
this
Law
contained
,
to
sue
or
prosecute
an
Action
or
Suit
,
for
or
concerning
only
such
of
his
or
her
Lands
,
Tenements
,
Leases
,
Rents
,
Annuities
and
Hereditaments
,
or
for
the
Issues
and
Profits
thereof
,
which
are
not
to
be
seized
or
taken
into
the
Kings
hands
,
his
Heirs
or
Successors
,
by
force
of
any
Law
for
or
concerning
his
or
her
Recusancy
,
or
any
part
thereof
.
Which
are
not
to
be
seized
or
taken
into
the
Kings
hands
,
&c.
]
And
for
that
Popish
Recusants
are
not
usually
Married
,
nor
their
Children
Christned
,
nor
themselves
Buried
according
to
the
Law
of
the
Church
of
but
the
same
are
done
superstitiously
by
Popish
Persons
in
secret
,
whereby
the
days
of
their
Marriages
,
Births
and
Burials
cannot
be
certainly
known
.
Be
it
further
Enacted
by
Authority
of
this
present
Parliament
,
That
every
man
being
,
or
which
shall
be
a
Popish
Recusant
convicted
,
and
who
shall
be
hereafter
Married
otherwise
then
in
some
open
Church
or
Chappel
,
and
otherwise
then
according
to
the
Orders
of
the
Church
of
England
,
by
a
Minister
lawfully
Authorized
,
shall
be
utterly
disabled
and
excluded
to
have
any
Estate
of
Fréehold
into
any
the
Lands
,
Tenements
and
Hereditaments
of
his
Wife
,
as
Tenant
by
the
Courtesie
of
And
that
every
Woman
being
,
or
which
shall
be
a
Popish
Recusant
convicted
,
and
who
shall
be
hereafter
Married
in
other
form
then
as
aforesaid
,
shall
be
utterly
excluded
and
disabled
not
only
to
claim
any
Dower
of
the
Inheritance
of
her
Husband
,
whereof
she
may
be
endowable
,
or
any
Iointure
of
the
Lands
and
Hereditaments
of
her
Husband
or
any
of
his
Ancestors
,
but
also
of
her
Widows
Estate
and
Frank-bank
in
any
Customary
Lands
,
whereof
her
Husband
died
seized
,
and
likewise
be
disabled
and
excluded
to
have
or
enjoy
any
part
or
portion
of
the
goods
of
her
said
Husband
by
vertue
of
any
custom
of
any
County
,
City
or
Place
where
the
same
shall
lie
or
be
:
And
if
any
such
man
shall
be
Married
with
any
Woman
contrary
to
the
intent
and
true
meaning
of
this
Act
,
which
Woman
hath
or
shall
have
no
Lands
,
Tenements
or
Hereditaments
,
whereof
he
may
be
intituled
to
be
Tenant
by
the
Curtesie
,
Then
such
man
so
Marrying
as
aforesaid
,
shall
forfeit
and
lose
One
hundred
pounds
,
the
one
half
thereof
to
be
to
the
Kings
Majesty
,
his
Heirs
and
Successors
,
and
the
other
moiety
to
such
person
or
persons
as
shall
Sue
for
the
same
by
Action
of
Debt
,
Bill
,
Plaint
or
Information
in
any
of
the
Kings
Majesties
Courts
of
Record
,
wherein
no
Essoin
,
Protection
or
Wager
of
Law
shall
be
admitted
or
allowed
.
Every
man
being
or
which
shall
be
a
Popish
Recusant
Convicted
.
]
By
a
Minister
lawfully
Authorized
Vide
Bulstrode
Every
Woman
being
or
which
shall
be
a
Popish
Recusant
Convicted
.
]
Or
any
Ioynture
of
the
Lands
and
Hereditaments
of
her
Husband
,
or
any
of
his
Ancestors
.
Wingate
tit
.
Crowne
n.
(
viz.
By
vertue
of
any
custom
of
any
County
,
City
or
Place
.
]
Dalton
,
cap.
tit
.
Recusants
Sect.
(
viz.
Vide
Swinburne
,
Part
Whereof
he
may
be
intituled
to
be
Tenant
by
the
Curtesie
.
]
And
that
every
Popish
Recusant
,
which
shall
hereafter
have
any
Child
born
,
shall
within
one
month
next
after
the
Birth
thereof
cause
the
same
Child
to
be
baptized
by
a
lawful
Minister
,
according
to
the
Laws
of
this
Realm
,
in
the
open
Church
of
the
same
Parish
where
the
Child
shall
be
born
,
or
in
some
other
Church
near
adjoyning
,
or
Chappel
where
Baptism
is
usually
administred
:
or
if
by
infirmity
of
the
Child
it
cannot
be
brought
co
such
place
,
then
the
same
shall
within
the
time
aforesaid
,
be
baptized
by
the
lawful
Minister
of
any
of
the
said
Parishes
or
places
aforesaid
,
upon
pain
that
the
Father
of
such
Child
,
if
he
be
living
by
the
space
of
one
month
next
after
the
Birth
of
such
Child
,
or
if
he
be
dead
within
the
said
month
,
then
the
Mother
of
such
Child
shall
for
every
such
Offence
forfeit
one
hundred
pounds
of
lawful
money
of
England
,
one
third
part
whereof
to
be
to
the
Kings
Majesty
,
his
Heirs
and
Successors
,
one
other
third
part
to
the
Informer
,
or
him
that
will
sue
for
the
same
,
and
the
other
third
part
to
the
Poor
of
the
said
Parish
,
to
be
recovered
by
Action
of
Debt
,
Bill
,
Plaint
or
Information
in
any
of
the
Kings
Majesties
Courts
of
Record
,
wherein
no
Essoign
,
Protection
or
Wager
of
Law
shall
be
admitted
or
allowed
.
And
if
any
Popish
Recusant
man
or
woman
,
not
being
Excommunicate
,
shall
be
buried
in
any
place
other
than
in
the
Church
or
Churchyard
,
or
not
according
to
the
Ecclesiastical
Laws
of
this
Realm
,
That
the
Executors
or
Administrators
of
every
such
person
so
buried
,
knowing
the
same
,
or
the
party
that
causeth
him
to
be
so
buried
,
shall
forfeit
the
sum
of
twenty
pounds
,
the
one
third
part
whereof
shall
be
to
our
Soveraign
Lord
the
King
,
the
other
third
part
to
the
Informer
,
or
him
or
them
that
will
sue
for
the
same
,
and
the
other
third
part
to
the
Poor
of
the
Parish
where
such
person
died
,
to
be
recovered
by
Action
of
Debt
,
Bill
,
Plaint
or
Information
in
any
of
the
Kings
Majesties
Courts
of
Record
,
wherein
no
Essoign
,
Protection
or
Wager
of
Law
shall
be
admitted
or
allowed
.
And
be
it
further
Enacted
by
this
present
Parliament
,
That
if
the
Children
of
any
Subject
within
this
Realm
,
(
the
said
Children
not
being
Soldiers
,
Mariners
,
Merchants
,
or
their
Apprentices
or
Factors
)
to
prevent
their
good
Education
in
or
for
any
other
cause
,
shall
hereafter
be
sent
or
go
beyond
Seas
,
without
Licence
of
the
Kings
Majesty
or
six
of
his
Honourable
Privy
Council
,
(
whereof
the
principal
Secretary
to
be
one
)
under
their
Hands
and
Seals
,
That
then
all
and
every
such
Child
and
Children
so
sent
,
or
which
shall
so
go
beyond
the
Seas
,
shall
take
no
benefit
by
any
gift
,
conveyance
,
descent
,
devise
,
or
otherwise
,
of
or
to
any
Lands
,
Tenements
,
Hereditaments
,
Leases
,
Goods
or
Chattels
,
until
he
or
they
being
of
the
age
of
eighteén
years
or
above
,
take
the
Oath
mentioned
in
an
Act
of
Parliament
made
this
present
Session
,
Intituled
,
before
some
Iustice
of
Peace
of
the
County
,
Liberty
or
Limit
where
such
Parents
of
such
Children
as
shall
be
so
sent
did
or
shall
inherit
and
dwell
.
And
that
in
the
mean
time
the
next
of
his
or
her
kin
,
which
shall
be
no
Popish
Recusant
,
shall
have
and
enjoy
the
said
Lands
,
Tenements
,
Hereditaments
,
Leases
,
Goods
and
Chattels
,
so
given
,
conveyed
,
descended
or
devised
,
until
such
time
as
the
person
so
sent
or
gone
beyond
the
Seas
shall
conform
him
or
her self
,
and
take
the
aforesaid
Oath
,
and
receive
the
Sacrament
of
the
Lords
Supper
.
And
after
such
Oath
taken
and
conforming
of
himself
,
and
receiving
the
Sacrament
of
the
Supper
of
the
Lord
,
he
or
they
which
have
so
received
the
profits
of
the
said
Lands
,
Tenements
,
Hereditaments
,
Goods
and
Chattels
,
or
any
of
them
,
shall
make
account
of
the
profits
so
received
,
and
in
reasonable
time
make
payment
thereof
,
and
restore
the
value
of
the
said
Goods
to
such
person
as
shall
so
conform
him
or
her self
as
aforesaid
.
And
that
all
such
persons
as
shall
send
the
said
Child
or
Children
over
Seas
without
Licence
as
aforesaid
(
unless
the
said
Child
or
Children
be
Merchants
,
or
their
Apprentices
or
Factors
,
Marriners
or
Soldiers
)
shall
forfeit
one
hundred
pounds
,
to
be
divided
,
had
and
recovered
in
thrée
equal
parts
,
whereof
the
one
third
part
shall
be
to
the
King
,
his
Heirs
and
Successors
,
the
other
third
part
to
such
as
shall
sue
for
the
same
,
and
the
other
third
part
to
the
Poor
of
such
Parish
where
such
Offender
doth
inhabit
or
remain
,
by
Action
of
Debt
,
Bill
,
Plaint
or
Information
in
any
the
Kings
Majesties
Courts
of
Record
,
wherein
no
Essoign
,
Protection
or
Wager
of
Law
shall
be
admitted
or
allowed
.
The
next
of
his
or
her
kin
.
]
Shelton
.
Bro.
Administr
'
(
viz.
vide
Co.
A.
B.
jus
propinquitatis
Vide
Co.
Shall
have
and
enjoy
the
said
Lands
,
&c.
]
(
have
and
enjoy
All
such
persons
as
shall
send
the
said
Child
or
Children
,
&c.
]
Crown
numb.
And
for
that
many
Subjects
of
this
Realm
,
being
neither
Merchants
,
nor
their
Factors
nor
Apprentices
,
Soldiers
,
nor
Marriners
,
are
of
late
gone
beyond
the
Seas
without
Licence
and
are
not
as
yet
returned
:
Be
it
further
Enacted
by
the
Authority
of
this
present
Parliament
,
That
if
any
of
the
said
persons
so
gone
beyond
the
Seas
without
Licence
,
which
are
not
yet
returned
,
shall
not
within
six
months
next
after
their
return
into
this
Realm
,
then
being
of
the
age
of
Eighteén
years
or
more
,
take
the
Oath
above
specified
before
some
Iustice
of
Peace
of
the
County
,
Liberty
or
Limit
where
such
person
shall
inhabit
or
remain
,
that
then
every
such
Offender
shall
take
no
benefit
by
any
gift
,
conveyance
,
descent
,
devise
,
or
otherwise
of
or
to
any
Lands
,
Tenements
,
Hereditaments
,
Goods
or
Chattels
,
until
he
or
they
,
being
of
the
said
age
of
Eightéen
years
or
above
,
take
the
said
Oath
,
and
that
likewise
in
the
mean
time
the
next
of
kin
to
the
person
so
offending
,
which
shall
be
no
Popish
Recusant
,
shall
have
and
enjoy
the
said
Lands
,
Tenements
,
Hereditaments
,
Goods
and
Chattels
so
given
,
conveyed
,
descended
or
devised
,
until
such
time
as
the
person
so
offending
shall
conform
himself
,
and
take
the
aforesaid
Oath
,
and
receive
the
said
Sacrament
of
the
Lords
Supper
.
And
after
such
conforming
,
taking
of
the
said
Oath
,
and
receiving
of
the
said
Sacrament
,
he
or
they
that
shall
have
so
received
the
profits
of
the
said
Lands
,
Tenements
,
Hereditaments
,
Goods
and
Chattels
,
shall
make
account
of
the
profits
so
received
,
and
in
reasonable
time
make
payment
thereof
,
and
of
the
value
of
such
Goods
and
Chattels
,
to
such
person
as
shall
so
conform
him
or
her self
as
aforesaid
.
And
be
it
further
Enacted
by
the
Authority
of
this
present
Parliament
,
That
every
person
or
persons
that
is
or
shall
be
a
Popish
Recusant
Convict
,
during
the
time
that
he
shall
be
or
remain
a
Recusant
,
shall
from
and
after
the
end
of
this
present
Session
of
Parliament
,
be
utterly
disabled
to
present
to
any
Benefice
with
cure
or
without
cure
,
Prebend
,
or
any
other
Ecclesiastical
living
,
or
to
collate
or
nominate
to
any
Freé-school
,
Hospital
or
Donative
whatsoever
,
and
from
the
beginning
of
this
present
Session
of
Parliament
,
shall
likewise
be
disabled
to
grant
any
avoidance
to
any
Benefice
,
Prebend
or
other
Ecclesiastical
living
.
And
that
the
Chancellor
and
Schollers
of
the
Vniversity
of
so
often
as
any
of
them
shall
be
void
,
shall
have
the
Presentation
,
Nomination
,
Collation
,
and
Donation
of
and
to
every
such
Benefice
,
Prebend
or
Ecclesiastical
Living
,
School
,
Hospital
and
Donative
,
set
,
lying
and
being
in
the
Counties
of
the
City
of
and
in
every
City
and
Town
being
a
County
of
it self
,
lying
and
being
within
any
of
the
Limits
or
Precincts
of
any
of
the
Counties
aforesaid
,
or
in
or
within
any
of
them
,
as
shall
happen
to
be
void
,
during
such
time
as
the
Patron
thereof
shall
be
and
remain
a
Recusant
Convict
as
aforesaid
.
And
that
the
Chancellor
and
Schollers
of
the
Vniversity
of
shall
have
the
Presentation
,
Nomination
,
Collation
and
Donation
of
and
to
every
such
Benefice
,
Prebend
or
Ecclesiastical
Living
,
School
,
Hospital
and
Donative
,
set
,
lying
and
being
in
the
Counties
of
the
County
of
and
in
every
City
and
Town
being
a
County
of
it self
,
lying
within
any
of
the
Limits
or
Precincts
of
any
of
the
Counties
last
before
mentioned
,
or
in
or
within
any
of
them
,
as
shall
happen
to
be
void
,
during
such
time
as
the
Patron
thereof
shall
be
and
remain
a
Recusant
Convict
as
aforesaid
.
That
neither
of
the
said
Chancellors
and
Schollers
of
either
the
said
Vniversities
,
shall
present
or
nominate
to
any
Benefice
with
Cure
,
Prebend
,
or
other
Ecclesiastical
living
,
any
such
person
,
as
shall
then
have
any
other
Benefice
with
cure
of
Souls
.
And
if
any
such
Presentation
or
Nomination
shall
be
had
or
made
of
any
such
person
so
beneficed
,
the
said
Presentation
or
Nomination
shall
be
utterly
void
;
Any
thing
in
this
Act
to
the
contrary
notwithstanding
.
From
and
after
the
end
of
this
present
Session
of
Parliament
.
]
(
during
his
Recusancy
Oxford
:
Jones
Standen
&
al'
Oxon
&
Whitton
Be
utterly
disabled
to
Present
to
any
Benefice
,
&c.
]
(
Present
Fitz.
n.
b.
Eliz.
cap.
(
disabled
to
present
Chancellor
and
Schollers
of
the
Vniversity
.
]
Shall
have
the
presentation
,
&c.
]
d'Oxon
;
Jones
Acton
Burnell
Anne
Needler
Winchester
.
Co.
During
such
time
as
the
Patron
thereof
shall
be
and
remain
a
Recusant
Convict
.
]
hac
vice
Vide
Godbolt
Oxford
,
Co.
Jac.
cap.
&c.
Standen
&
al'
Oxon
&
Whitton
Praemunire
.
Jones
Walgrave
&
al'
.
Moore
As
shall
then
have
any
other
Benefice
with
Cure
of
Souls
.
]
Wingate
tit
.
Crown
numb.
London
.
Cro.
Mich.
Car.
Mackaller
Edward
Coke
Eliz.
cap.
B.
R.
Mich.
Edward
Coke
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
,
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
,
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
.
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
.
]
(
at
the
time
of
the
granting
of
any
Administration
)
J.
S.
J.
S.
(
granting
of
Administration
As
Guardian
in
Chivalry
.
C.
B.
Hill
Jac.
Jones
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
.
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
or
Books
shall
be
found
in
their
or
any
of
their
Custody
,
as
in
the
Opinion
of
the
said
Iustices
,
Mayor
,
Bailiff
or
Chief
Officer
,
as
aforesaid
,
shall
be
thought
unméet
for
such
Recusant
as
aforesaid
,
to
have
or
use
,
the
same
shall
be
presently
defaced
and
burnt
,
if
it
be
méet
to
be
burned
:
And
if
it
be
a
Crucifix
or
other
Relique
of
any
price
,
the
same
to
be
defaced
at
the
General
Quarter
Sessions
of
the
Peace
,
in
the
County
where
the
same
shall
be
found
;
and
the
same
so
defaced
,
to
be
restored
to
the
owner
again
.
Shall
be
thought
unmeét
for
such
Recusant
.
]
Wingate
tit
.
Crown
numb.
(
viz.
At
the
General
Quarter
Sessions
.
]
And
be
it
also
Enacted
by
the
Authority
aforesaid
,
That
all
such
Armour
,
Gunpowder
and
Munition
,
of
whatsoever
kinds
,
as
any
Popish
Recusant
Convict
within
this
Realm
of
hath
,
or
shall
have
in
his
House
or
Houses
,
or
elsewhere
,
or
in
the
hands
or
possession
of
any
other
at
his
or
their
disposition
,
shall
be
taken
from
such
Popish
Recusants
,
or
others
which
have
or
shall
have
the
same
to
the
use
of
such
Popish
Recusant
,
by
Warrant
of
four
Iustices
of
Peace
at
their
General
or
Quarter
Sessions
to
be
holden
in
the
same
County
where
such
Popish
Recusant
shall
be
resident
,
(
other
than
such
necessary
weapons
,
as
shall
be
thought
fit
by
the
said
four
Iustices
of
Peace
to
remain
and
be
allowed
for
the
defence
of
the
person
or
persons
of
such
Recusants
,
or
for
the
defence
of
his
,
her
or
their
House
or
Houses
)
and
that
the
said
Armour
and
Munition
so
taken
shall
be
kept
and
maintained
at
the
Costs
of
such
Recusants
,
in
such
places
as
the
said
Four
Iustices
of
Peace
,
at
their
said
Sessions
of
the
Peace
,
shall
set
down
and
appoint
.
And
be
it
further
Enacted
by
the
Authority
aforesaid
,
That
if
any
such
Recusant
,
having
or
which
shall
have
any
such
Armour
,
Gunpowder
and
Munition
or
any
of
them
,
or
if
any
other
person
or
persons
,
which
shall
have
any
such
Armour
,
Gunpowder
and
Munition
,
or
any
of
them
,
to
the
use
of
any
such
Recusant
,
shall
refuse
to
declare
or
manifest
unto
the
said
Iustices
of
Peace
or
any
of
them
,
what
Armour
he
,
she
or
they
have
or
shall
have
,
or
shall
lett
,
hinder
or
disturb
the
delivery
thereof
to
any
of
the
said
Iustices
,
or
to
any
other
person
or
persons
authorized
by
their
Warrant
to
take
and
seize
the
same
,
then
every
such
person
so
offending
contrary
to
this
Statute
in
this
behalf
,
shall
forfeit
and
lose
to
the
Kings
Majesty
,
his
Heirs
and
Successors
,
his
and
their
said
Armour
,
Gunpowder
and
Munition
,
and
shall
also
be
imprisoned
by
Warrant
of
or
from
any
Iustices
of
Peace
of
such
County
,
by
the
space
of
thrée
months
,
without
Bail
or
Mainprize
.
At
their
General
or
Quarter
Sessions
.
]
In
the
same
County
where
such
Popish
Recusant
shall
be
resident
.
]
Benhust
,
Pasch
B.
R.
Jones
Cro.
Car.
Vide
Palmer
In
such
places
as
the
said
four
Iustices
of
Peace
,
&c.
shall
set
down
and
appoint
.
]
Dalton
,
cap.
tit
.
Recusants
Sect.
Imprisoned
by
Warrant
of
or
from
any
Iustices
of
Peace
.
]
pluralis
numerus
est
duobus
contentus
Wingate
tit
.
Crowne
numb.
Of
such
County
Bro.
Freshsuite
And
yet
nevertheless
be
it
Enacted
by
the
Authority
aforesaid
,
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
,
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
.
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
,
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
that
now
is
or
hereafter
shall
be
,
before
the
Lord
Chancellor
or
Lord
Kéeper
of
the
Great
Seal
for
the
time
being
.
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
.
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
and
all
of
your
Highness
Privy
Counsel
residing
in
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
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
And
all
and
every
the
sworn
Servants
,
ordinary
and
extraordinary
,
of
your
Highness
,
the
Quéens
Grace
,
or
of
the
Houshold
of
the
Prince
of
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
.
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
.
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
.
And
the
Master
of
the
Ordnance
,
Lieutenant
of
the
Tower
Stat.
Sect.
3.
Master
of
the
Ordnance
,
Lieutenant
of
the
Tower
,
&c.
of
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
,
Servants
and
others
within
your
said
Tower
of
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
,
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
,
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
out
of
the
Hands
of
your
Highness
,
your
Heirs
or
Successors
,
before
his
or
their
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
.
All
the
Sergeants
at
Law
,
Servants
to
the
Iudges
in
your
Highness
Courts
at
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
.
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
before
the
Readers
and
Benchers
of
the
several
houses
whereto
they
belong
,
or
four
of
them
at
the
least
in
their
open
Halls
.
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
.
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
or
in
any
other
Court
of
Record
,
before
the
Iudge
or
Iudges
of
the
same
Court
.
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
.
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
.
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
.
All
Fellows
of
Houses
,
and
all
Schollers
of
Halls
or
Colledges
,
that
now
are
or
hereafter
shall
be
received
into
the
same
,
being
under
the
Degrée
of
a
Baron
,
before
the
President
,
Master
,
Provost
,
Warden
,
or
other
head
or
chief
Governour
of
that
Colledge
,
Hall
or
House
whereinto
he
shall
be
received
,
and
in
the
open
Hall
.
And
all
Doctors
of
Physick
and
all
other
who
practise
Physick
that
now
are
,
or
hereafter
shall
be
admitted
into
the
Colledge
of
Physitians
in
before
the
President
of
the
same
Colledge
for
the
time
being
.
And
all
Aldermen
,
Sheriffs
or
Vnder-Officers
whatsoever
,
of
the
Cities
and
Towns
Corporate
,
Aldermen
,
Sheriffs
,
Under-Officers
and
Freemen
of
Cities
and
Towns
Corporate
.
and
all
such
as
hereafter
shall
be
made
Fréemen
of
the
said
City
or
Town
Corporate
,
before
the
Mayor
,
Bailiffs
or
other
Chief
Officer
of
the
said
City
or
Town
,
in
the
open
Hall
.
And
to
the
intent
that
due
execution
may
be
had
of
the
premisses
without
delay
,
When
the
said
persons
shall
take
the
said
Oath
.
It
is
further
Enacted
by
the
Authority
aforesaid
,
That
all
the
persons
beforenamed
,
who
have
any
certain
time
limited
or
expressed
when
to
take
the
aforesaid
Oath
,
shall
at
the
time
therein
prescribed
take
the
same
,
and
the
rest
within
six
months
next
after
the
end
of
this
present
Session
of
Parliament
.
And
be
it
further
Enacted
by
Authority
of
this
present
Parliament
,
That
it
shall
and
may
be
lawful
to
and
for
any
one
of
the
Privy
Council
of
your
Highness
,
or
of
your
Heirs
and
Successors
,
and
to
and
for
every
Bishop
within
his
Diocess
to
require
any
Baron
or
Baroness
of
the
age
of
Eightéen
years
or
above
,
to
take
the
said
Oath
,
and
to
and
for
any
two
Iustices
of
Peace
within
any
County
,
City
or
Town
Corporate
,
whereof
one
to
be
of
the
to
require
any
person
or
persons
of
the
age
of
Eightéen
years
or
above
,
under
the
Degrée
of
a
Baron
or
Baroness
,
to
take
the
said
Oath
.
And
if
any
person
or
persons
of
or
above
the
said
age
and
degrée
now
stand
,
or
hereafter
any
time
shall
stand
and
be
Presented
,
Indicted
or
Convicted
for
not
coming
to
Church
,
or
not
receiving
the
Holy
Communion
or
Sacrament
of
the
Lords
Supper
,
according
to
the
Laws
and
Statutes
of
this
Realm
,
before
the
Ordinary
,
or
other
having
lawful
power
to
take
such
Presentment
or
Indictment
,
Then
thrée
of
the
Privy
Council
of
your
Highness
,
your
Heirs
and
Successors
,
whereof
the
Lord
Chancellor
,
Lord
Treasurer
,
Lord
Privy
Seal
,
or
Principal
Secretary
to
be
one
,
upon
knowledge
thereof
shall
require
such
person
or
persons
to
take
the
said
Oath
.
And
if
any
other
person
or
persons
whatsoever
,
of
and
above
the
said
age
and
under
the
said
degrée
,
now
stand
,
or
at
any
time
hereafter
shall
stand
and
be
Presented
,
Indicted
or
Convicted
for
not
coming
to
Church
,
or
receiving
the
Holy
Communion
or
Sacrament
of
the
Lords
Supper
,
according
to
the
Laws
and
Statutes
of
this
Realm
,
before
the
Ordinary
,
or
any
other
having
lawful
power
to
take
such
Presentment
or
Indictment
;
Or
if
the
Minister
,
Petty
Constable
and
Church-wardens
,
or
any
two
of
them
,
shall
at
any
time
hereafter
complain
to
any
Iustice
of
Peace
near
adjoyning
to
the
place
where
any
person
complained
of
shall
dwell
,
and
the
said
Iustice
shall
find
cause
of
suspition
,
That
then
any
one
Iustice
of
Peace
,
within
whose
Commission
or
Power
such
person
or
persons
shall
at
any
time
hereafter
be
,
or
to
whom
complaint
shall
be
made
as
aforesaid
,
shall
,
upon
notice
thereof
,
require
such
person
or
persons
to
take
the
said
Oath
.
For
any
two
Iustices
of
Peace
within
any
County
,
City
or
Town
Corporate
,
&c.
]
sequitur
personam
,
non
locum
This
Oath
Griffith
&
al'
To
require
any
person
or
persons
.
]
Jac.
cap.
And
if
any
person
or
persons
of
or
above
the
said
age
and
degreée
.
]
And
if
any
other
person
or
persons
whatsoever
&c.
under
the
said
Degreé
.
]
Character
indelebilis
:
vide
Co.
Bro.
Nosme
de
Dignity
Shall
stand
and
be
Presented
,
Indicted
or
Convicted
.
And
the
said
Iustice
shall
find
Cause
of
suspition
.
Wingate
tit
.
Crowne
n.
That
then
any
one
Iustice
of
Peace
.
]
B.
R.
Part
p.
Vide
Stat.
Jac.
cap.
Within
whose
Commission
or
Power
such
person
or
persons
shall
at
any
time
hereafter
be
.
]
any
one
Iustice
of
Peace
within
whose
Commission
or
Power
,
&c.
Vide
Stat.
Jac.
cap
Jac.
cap.
Jac.
cap.
sequitur
personam
,
non
locum
tit
.
Crowne
numb.
Dalton
,
V.
cap.
tit
.
Recusants
Jac.
viz.
And
that
if
any
person
or
persons
,
being
of
the
age
of
Eighteén
years
or
above
,
shall
refuse
to
take
the
said
Oath
duely
tendred
to
him
or
her
,
according
to
the
true
intent
and
meaning
of
this
Statute
,
That
then
the
persons
,
authorized
by
this
Law
to
give
the
said
Oath
,
shall
and
may
commit
the
same
Offender
to
the
Common
Gaol
,
there
to
remain
without
Bail
or
Mainprize
,
until
the
next
Assizes
or
General
Quarter
Sessions
to
be
holden
for
the
said
Shire
,
Division
,
Limit
or
Liberty
,
where
the
said
Oath
shall
be
again
in
the
said
open
Sessions
required
of
such
person
,
by
the
said
Iustices
of
Assize
or
Iustices
of
the
Peace
then
and
there
present
,
or
the
greater
number
of
them
;
And
if
the
said
person
or
persons
,
of
the
age
of
Eightéen
years
or
above
,
shall
refuse
to
take
the
said
Oath
,
being
tendred
to
him
or
her
by
the
said
Iustices
of
Assize
or
Gaol-delivery
in
their
open
Assizes
or
Gaol-delivery
,
or
the
Iustices
of
Peace
or
the
greater
part
of
them
in
their
General
or
Quarter
Sessions
,
Every
person
so
refusing
shall
incur
the
danger
and
penalty
of
mentioned
in
a
Statute
made
in
the
sixteénth
year
of
the
Reign
of
King
Richard
the
Second
,
(
Except
Women
Covert
,
who
shall
be
committed
only
to
Prison
,
there
to
remain
without
Bail
or
Mainprize
,
till
they
will
take
the
said
Oath
.
)
If
any
person
or
persons
.
]
Shall
refuse
to
take
the
said
Oath
duly
tendred
to
him
or
her
.
]
To
the
Common
Gaol
.
Vide
Dyer
General
Quarter
Sessions
,
Sessions
.
Stat.
23
Eliz.
1.
&c.
and
General
or
Quarter
Sessions
.
]
Eliz.
cap.
Jac.
cap.
And
be
it
further
Enacted
,
That
every
person
,
refusing
to
take
the
said
Gath
as
above
,
shall
be
disabled
,
to
all
intents
and
purposes
,
to
execute
any
publick
place
of
Iudicature
,
or
bear
any
other
Office
(
being
no
Office
of
Inheritance
or
Ministerial
Function
)
within
this
your
Highness
Realm
of
or
to
use
or
practise
the
Common
Law
or
Civil
Law
,
or
the
Science
of
Physick
or
Surgery
,
or
the
Art
of
an
Apothecary
,
or
any
Liberal
Science
for
his
or
their
gain
,
within
this
Realm
,
until
such
time
as
the
same
person
shall
receive
the
same
Oath
,
according
to
the
intent
of
this
Statute
.
And
be
it
further
Enacted
,
That
if
any
married
Woman
(
being
lawfully
Convicted
as
a
Popish
Recusant
for
not
coming
to
Church
)
shall
not
within
threé
months
next
after
such
Conviction
,
conform
her self
,
and
repair
to
the
Church
,
and
receive
the
Sacrament
of
the
Lords
Supper
,
according
to
the
former
Laws
and
Statutes
made
and
provided
in
that
behalf
touching
Recusants
,
that
then
she
shall
be
committed
to
prison
by
one
of
the
Privy
Council
of
your
Highness
,
your
Heirs
or
Successors
,
or
by
the
Bishop
of
the
Diocess
,
if
she
be
a
Baroness
,
or
,
if
she
be
under
that
Degrée
,
by
two
Iustices
of
the
Peace
of
the
same
County
,
whereof
one
to
be
of
the
there
to
remain
without
Ball
or
Mainprize
,
until
she
shall
conform
her self
,
and
come
to
Church
,
and
receive
the
Sacrament
of
the
Lords
Supper
,
unless
the
Husband
of
such
Wife
shall
pay
to
the
Kings
Majesty
,
his
Heirs
or
Successors
,
for
the
Offence
of
his
said
Wife
,
for
every
month
ten
pounds
of
lawful
money
of
or
else
the
third
part
(
in
thrée
parts
to
be
divided
)
of
all
his
Lands
and
Tenements
,
at
the
choice
of
the
Husband
whose
Wife
is
so
convicted
as
aforesaid
,
for
and
during
so
long
time
as
she
,
remaining
a
Recusant
convicted
,
shall
continue
out
of
Prison
,
during
which
time
(
and
no
longer
)
she
may
be
at
liberty
.
Being
lawfully
convicted
as
a
Popish
Recusant
.
]
Cro.
Pasch.
bis
puniri
pro
uno
delicto
Bis
puniri
pro
uno
delicto
Qui
tam
&c.
Eliz.
cap.
Jac.
cap.
Of
all
his
Lands
and
Tenements
.
]
Perkins
Sect.
Bro.
Grant
Womans
Lawyer
lib.
Bro.
Done
.
&
Grant
Shall
continue
out
of
Prison
.
]
(
viz.
in
invitam
Assiz
.
Pl.
And
not
within
Six
weeks
,
as
Wingate
tit
.
Crowne
numb.
157.
erroneously
.
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
.
Vide
Stat.
3
Jac.
cap.
4.
Sect.
21.
I
A.
B.
do
Declare
,
That
I
do
believe
that
there
is
not
any
Transubstantiation
in
the
Sacrament
of
the
Lords
Supper
,
or
in
the
Elements
of
Bread
and
Wine
,
at
,
or
after
the
Consecration
thereof
by
any
person
whatsoever
.
Instead
of
Goal
,
and
Goal
delivery
,
Gaol
,
and
Gaol
delivery