An Abridgement, or Summary account of all the Statute-Laws of this Kingdom; made against all Jesuites, Seminary Priests, and Popish Recusants, drawn up for the benefit of my Countrey men, and of the Juries of England; who in pursuance of his Majesties Proclamation, published at the Request of the two Houses of Parliament, are to Present and Indict all Jesuites, Priests, and Popish Recusants, according to the Tenor and effect of the said Statutes and Proclamation.
1. BY the Statute of 1 o. Eliz. cap. 1. 1 Eliz. cap. 1. Forreign Potentate not to exercise power in the Queens Dominions. No Forreign Potentate, or other person, shall exercise any Ecclesiastical Power in the Queens Dominions, but she and her Successors may by Letters Pattents authorize any Subject born to exercise the same.
2. For the better observance of this Act, Officers Temporal and Ecclesiastical. every Ecclesiastical and Temporal OFFICER, and such as take Degrees in the University; and all the Queens Servants are injoyned to take the Oath of Supremacy, recited, in haec Verba, in this Statute, to which, because it is long, you are referred.
3. He that refuseth this Oath, if he be in any Office, Refusing the Oath. shall forfeit such Spiritual or Temporal Office or Promotion during his life; or if he be to be admitted to any such Office, he shall take the aforesaid Oath before he be admitted, and if he refuse it, he shall be adjudged uncapable of it.
4. If any have a Temporal Office of Inheritance, Oath. and at first refuse this Oath, but afterwards shall take it, he shall be restored.
5. None shall maintain the jurisdiction of any Forreign Prelate or Potentate in the Queens Dominions, Penalty of maintaining any Forregn Potentates power, &c. upon pain of forfeiting all his Goods and Chattels; and if he be not worth twenty pounds at [Page 8] the time of his Conviction, Premunire is to be put out of the Kings protection, and to forfeit all his Goods & Chattels, and all lands in Fee. Co. 1. Justit. f. 129. b. 130. a. he shall forfeit all he hath, and suffer a years imprisonment without Bayl; and for the second offence, incur a Praemunire; and for the third offence, be guilty of high Treason, which offence must be prosecuted within one year after it is committed; but if the offence be by Preaching, Teaching, or Words onely; Prosecution by Indictment must be within six months, else the Offender to be set at liberty.
Conviction.6. A Clergy man beneficed upon the first Conviction, for such offence, shall loose his Spiritual promotion.
Peer.7. A Peer of the Realm, guilty of such offence, is to be tryed by his Peers.
8. No persons to be Indicted or Arraigned for the aforesaid offences, Witnesses. but by two or more sufficient witnesses produced vivâ voce, and none shall be questioned for relieving, ayding or comforting any such offender as is before mentioned, unless it be proved by two witnesses at least, that at the time of such relief, aid, &c. he had notice of the offence committed.
5. Eliz. cap. 1.1. By this Statute of 5 to. Eliz. None shall maintain the Jurisdiction of the Bishop or Sea of Rome, within any of the Queens Dominions, upon pain that they and their Accessaries shall incur a Praemunire.
Who may have Oyer and Terminer of these Offences.2. Justices of Assize, Justices of the Peace in Sessions, or any two of them (whereof on of the Quorum) have power to hear and determine this offence, and to certifie the presentments into the Kings Bench, within a time limited in the Statute on pain of a hundred pound, and Justices of Assize have power as well upon such Certificate, as also before themselves to hear and determine such Offences.
Persons that must take the Oath of Supremacy.3. All persons appointed by the Statute of 1. Eliz. cap. 1. to take the Oath of Supremacy, and all other persons taking Orders, preferred to any Degree in the Universities, all Schoolmasters publick and private; all that take degrees of Learning, in the Laws, in the Inns of Court, or Chancery; all Attournies, Protonotaries, Philizers, Escheators, &c. All persons admitted to any Ministry or Office belonging to the Common Law, or other Law or Laws; and all Officers and Ministers of every Court, shall take the said Oath before their admittance to the exercise of any such Offices or Profession.
Premunire.4. He that is thus compettable to take the said Oath, if he refuse it, incurs a Praemunire, if his default be presented, and he Indicted within a year after the default.
[Page 9]5. Who have power to give the Oath. Archbishops and Bishops have power in their proper Diocesses to minister this Oath; and the Lord Chancellor or Keeper (without further Warrant) may grant Commission to tender it.
6. All persons impowered to tender this Oath, Certificate of refusal. are to certifie the Refusals of those Recusants that will not take it, under their hands and seals, into the Kings-Bench, within a limited time in the Statute, on pain of 100 l. See the Statute at large, as to the Time.
7. Those that refuse this Oath upon second Tender, Second offence. or were formerly convicted of maintaining the Jurisdiction of the Pope or See of Rome, and do commit the like Offence the second time, both they and their Accessaries shall suffer as in case of high Treason, except in case of corruption of Blood, disinherison of Heirs, forfeiture of Dower, or prejudice to others beside the Offender, &c. Alms. But none shall be punished as accessary, for giving Alms without fraud to the Offender.
8. This Act is to be published at every Quarter-Sessions, When this Act is to be published, and where? at every Leet, and every Term in open Hall in the Innes of Court and Chancery, by the persons appointed thereto.
9. Every Member of the Commons House, Members of the Com. House. is to take this Oath before he sit in Parliament, before the Lord Steward or his Deputy.
10. None of, or above the degree of a Baron is compellable to take this Oath; but a Peer offending herein, Barons and Peers. is onely triable by his Peers.
11. Second tender of the Oath. No Papist is compellable to take this Oath upon second tender, or be in danger (by refusal thereof) to incur high Treason, but onely Clergy-men, Officers of Ecclesiastical Courts, such as shall not observe the Rites of the Church of England, &c. Mass. or do say or hear Private Mass.
1. By this Statute, All that obtain or put in ure any Bull of Absolution or Reconciliation from the Church of Rome, or absolve, 13 Eliz. cap. 2. Bulls from Rome. or be absolved thereby, both they and their Accessaries before the fact, shall be adjudged guilty of high Treason.
2. Their Comforters and Maintainers shall incur a Praemunire; Comforters, Maintainers, Concealers. and their Concealers, misprision of Treason, unless within six weeks they discover them to some Privy Counsellour, &c.
3. If any bring into the Queens Dominions any Agnus Dei, Agnus Dei, Crosses, &c. Crosses, Pictures, Beads, or any such vain and superstitious thing, or deliver or offer the same to any person to be used; the Person so doing, and the Person receiving the same, shall incur a Praemunire; but if the person to whom the tender is made, apprehend the person tendring it, and bring him before a Justice of Peace; or being unable [Page 10] so to do, shall within three dayes disclose his name, and aboad, or resort unto the Ordinary, or some Justice of Peace within the same County; or having received the same, do within three dayes deliver it to some Justice of Peace, he shall incur no prejudice by this Act.
Justices of Peace, Privy Counsel.4. The Justice of Peace shall disclose the Offences, aforesaid, to the Privy Counsel, within fourteen dayes after notice to him, upon pain of Praemunire.
23. Eliz. cap. 3 Withdrawing the Subjects from their obedience.1. By this Statute, it is high Treason to have, or pretend to have power, or to put in practice, to absolve, perswade, or withdraw any person within the Queens Dominions, from their natural Obedience to the Queen and her Successors, or to withdraw them, for that intent, from the Religion now established, to the Romish Religion; and they also, who shal be so withdrawn wilingly, together with their Procurers and Counsellors, shall be guilty of the same offence.
Aiders and maintainers.2. Their aiders, and maintainers, who discover them not within ten dayes, to some Justice of Peace, or higher Officer, shall be adjudged guilty of Misprision of Treason.
Saying Masse.3. None shall say or sing Mass, on pain of two hundred Marks, and suffer one years Imprisonment, and not to be enlarged till the fine be paid. Hearing Mass And none shall hear Mass, on pain of a years Imprisonment, and an hundred Marks.
Forfeitures.4. There shall be a third part of these forfeitures to the Queen, a third part to the poor of the Parish where the offence is committed, and a third part to the Prosecutor.
Covenous Grants.5. All covenous grants to avoid the Queens Interest, or other persons that may claim by this Act, or 13. Eliz. cap. 2. shall be adjudged void.
27. Eliz. cap. 21. By this Statute, all Jesuites, Seminary Priests, or any Ecclesiastical persons born within the Queens Dominions, and ordained or made such, by the pretended Jurisdiction of the Sea of Rome, which come into, Jesuites, &c. The receivers, aiders, &c. or remain in, any of the said Queens Dominions, shall be adjudged guilty of high Treason, and their receivers, aiders, and maintainers (knowing them to be such, and at liberty) shall be adjudged Fellons, without benefit of Clergy.
Persons brought up in Seminaries beyond Sea.2. All others brought up in Seminaries beyond Sea, and not as yet in Orders, as aforesaid, which do not within six months after Proclamation made in London (in that behalf) return into this Realm; and within two dayes after their return, before the Bishop of the Diocess, or two Justices of the Peace, of the County where they arrive, submit themselves to the Queen, and her Laws, and take the Oath [Page 11] of Supremacy, they shall be adjudged guilty of high Treason.
3. They who give or send relief to any such Ecclesiastical Person or Seminary, or to any brought up there, as aforesaid, Sending relief to such Seminaries. shall incur a Praemunire.
4. Where the Offences are punishable. These Offences are to be heard and determined in the Kings Bench, or in the County where they shall be committed, or the Offender taken.
5. This Act not to extend to any Jesuite, &c. as aforesaid, Submission. who within three dayes after his arrival, shall submit himself to some Arch-Bishop, or Justice of Peace of the County where he lands, and there takes the Oath of Supremacy; and under his hand, acknowledges to continue in obedience to her Majesties Laws.
6. He that knows a Jesuite, or Priest, The penalty of knowing a Jesuite or Priest, and concealing him. to remain within any the Queens Dominions, and doth not within twelve dayes discover the same to some Justice of the Peace, shall be fined, and suffer Imprisonment during pleasure; and the Justice of Peace that doth not within twenty eight dayes after, disclose it to some of the Privy Council, &c. shall forfeit two hundred Marks.
7. All Oaths and Submissions, &c. as aforesaid, Oaths, Submissions, &c. to be certified. shall be certified into Chancery, by the party before whom they are taken, within three months, on pain of an hundred pounds.
8. None submitting, as aforesaid, Those that submit not to come to Court within ten years, or within ten miles of it. 29. Eliz. cap. 6 Grants of Papists. shall within ten years after come within ten miles of the Court, on pain to lose the benefit of his submission.
1. By this Statute, the Grants and Incumbrances, or limitation to uses made by Papists not coming to Church, according to the 23. Eliz. cap. 1. and which are revocable by the Offenders, intended for his maintainance, or in consideration whereof he and his Family are to be kept, shall be void against the Queen, &c. to hinder her for the forfeiture of their not coming to Church, or saying, hearing or being at Mass; but this Act is not to extend to Grants, made Bona Fide, nor to continue the seizure after the death of the Offender, &c.
2. The Queen may seize two parts of the Goods, Two parts of the Goods, and third part of the Lands of Papists. 35. Eliz. cap. 2 Papists after Conviction, to repair to their dwellings. and two third parts of the Lands of such Popish Offenders as shall not, after their Conviction, pay into the Exchequer twenty pounds a month.
1. By this Act, all Popish Recusants above sixteen years Old, shall within forty days after their Conviction, repair to their usual dwelling, and not remove above five miles from thence, on pain to forfeit all their Goods, and Lands, and Annuities during life; and if they have no certain aboad, they are to repair where they were born, [Page 12] or where their Fathers and Mothers dwell; and within twenty days after their arrival there, to give in their Names to the Constables, Headborroughs, and Minister; and the Minister is to keep a Book of their names, and he, and the said Constables, and Headborroughs, to certifie the same to the quarter Sessions, &c.
Coppy-holder Papist.2. A Coppy-holder, in this case, shall forfeit his Estate for life (if it continue so long) to the Lord of the Mannor, (if no Recusant, Convict, or seized, or possessed to the use of a Recusant) but if so, then the Queen, &c. shall have it.
Those that after Conviction will not repair to their dwellings, &c. shall abjure the Realm.3. A Popish Recusant (being no feme Covert, nor having Lands worth twenty marks per annum. or goods worth forty pounds, which within the time above limited, doth not repair to the place of his aboad, or doth depart above five miles thence, or within three months after his arrival, there doth not make the submission following hereafter (being required so to do by the Bishop, a Justice of Peace, or the Minister there) shall before two Justices of the Peace, or the Coronor, abjure the Kingdom, which abjuration they are to certifie to the next Assizes, or Goal-delivery.
If he depart not, he shall be a Fellon without Clergy.4. If the Popish Recusant depart not the Realm, within rhe time limited, by the said Justices or Coronor, or return without the Queens Licence, he shall be adjudged a Fellon, without benefit of Clergy.
Jesuite refusing to answer. This Act not to extend to those that are urged by process of Law, &c.5. A Jesuite, or Priest, refusing to answer, shall be committed to Prison till he answer, &c. and this Act is not to restrain any Recusant (urged by process of Law, without fraud) to travel without the said limits of five miles, so that he return in convenient time; nor shall it restrain him that is compelled by Law, to tender his body to the Sheriff.
The effect of the submission5. The effect of the submission, whereby they may avoid these penalties, is, That the Popish Recusant submitting, do acknowledge, and testifie in his Conscience, that the Bishop, and Sea of Rome, hath not, nor ought to have, any power or authority over her Majestie, within any of her Dominions, &c. But the Reader is referred to the Statute, to see the submission at large.
Minister of the Parish is to enter submissions in a Book.6. The Minister of the Parish where the submission is taken, shall presently enter it into a Book, and within ten dayes certifie it to the Bishop of the Diocess; and if the Offender, after such submission, shall fall to a relaps, he shall have no benefit of his submission.
Married Women.7. Evety married Woman shall be bound by this Act, save onely in the case of Abjuration.
1. Jac. cap. 1:1. By this Statute, all the former Statutes of Queen Elizabeth, [Page 13] are confirmed, and appointed, to be put in due execution.
2. Where the Ancestor dies a Recusant, the Heir being none, The Ancestor dying a Papist, the Heir being none, &c. or conforming himself, and taking the Oath of Supremacy, before the Arch-Bishop, &c. he shall be freed from all the penalties in the aforesaid Statutes; but if the Heir, after the age of sixteen years, shall continue to be a Recusant, he shall not be freed till conformity, and taking the said Oath: And the King shall have two parts of his Lands to answer the Arrearages of twenty pound a month, according to the Statute of 23. Eliz. cap. 1.
3. None shall send any Child, Children or others sent beyond Sea to be trained in Popery. or other person under their Government, beyond Sea, to be instructed in the Popish Religion, upon pain of an hundred pound; and they which are so sent, shall be uncapable (as to themselves onely) of any Grant or Inheritance due to them or others to their use.
4. No Child, or Woman, under 21. Who may pass beyond Sea, &c. years of age (except Saylors, Ship-boys, Merchants-Factors, or Apprentices) shall be suffered, by Officers of Ports, to pass beyond Sea without the Kings License, or Warrant of six Privy Counsellors under their hands, upon pain of the said Officers forfeiting their Offices, &c. And the forfeitures by this Act, are to be divided between the King and the Prosecutor; See the Statute of 3. Jacobi, cap. 5. Touching Souldiers and Marriners passing beyond Sea, vide infra.
1. By this Act, The Recusant, that conforms, 3. Jac. cap. 4. must within one year after his conformity, and so once every year (at least) receive the Sacrament, on pain, to forfeit for the first offence twenty pounds, Sacrament. for the second forty pounds, &c.
2. These forfeitures to be recovered before Justices of Peace in their Sessions, or in any Court of Record; Forfeitures. and to be divided between the King and Prosecutors.
The Church-Wardens and Constables of every Parish, or one of them, or (if there be none such, Presentments to be of the monthly absence of Papists from Church.) then the high Constable of the Hundred shall present once every year at the general Sessions of the Peace, the monthly absence from Church of every Popish Recusant and their Children, (being above the age of nine years) and their Servants, together with the age of their Children, as well as they can be known, on pain respectively to forfeit 20 s. for every default; and this presentment to be entered by the Clerk of the Peace or Town-Clerk, on Record, without Fee, on pain of 40 s. for every default.
4. If the Recusant be convicted upon such presentment, Officers Fees for presenting Recusants. the Officer presenting him shall have 40 s. out of the said Recusants Estate, by order of the Justices of Peace.
[Page 14] VVho have power to punish Recusants5. Justices of Assize, Goal-Delivery, and of the Peace, have power of hearing and determining the Offences of such Popish Recusants, as well for their not taking the Sacrament, as for not coming to Church, according to this and former Laws and Statutes; and to make Proclamation that they shall tender themselves to the Sheriff or Bayliff of the Liberty where they are, before the next Assize, Goal Delivery, or Sessions respectively: Which if they shall not do, that default is to be recorded, and it shall be a sufficient Conviction of them, as well as a tryal by Verdict.
Recusants forfeitures after first Conviction for not coming to Church.6. Every such Offender after the first Conviction for not coming to Church, shall pay into the Exchequer in the Terms of Easter and Michaelmas, next happening after their Conviction, their forfeitures then due at the rate of 20 l. per month, and yearly after that in the same Terms, at the rate of 20 l. per month, unless the King shall please to take two thirds of their Lands and Leases, or that they shall conform.
Conviction to be certified into the Exchequer.7. Every Conviction is before the end of the Term next following, to be certified into the Exchequer, and the Court is to issue process of seisure thereupon, against the Offenders Goods, and two parts of his Lands, Leases, &c.
Twenty pounds a month, or two thirds of Recusants lands, except the Mansion house, &c.8. The King may refuse the twenty pounds a month, and take the two parts of the Lands, as aforesaid, (excepting the Recusants Mansion-house) and the King may not demise those two parts to a Recusant, or to any other, for the Recusants use; and the Kings Lessee of the said two parts, is to give security not to commit waste.
9. The Bishop of the Diocess, or two Justices of the Peace (one being of the Quorum) may out of Sessions tender the Oath of Allegiance (mentioned in haec verba, Oath of Allegiance. in this Act (to which the Reader is referred) to any person, being eighteen years of age (except Noble-men, ☜ and Noble-women) which stand Convicted or Indicted of Recusancy, &c. (or passing through the Countrey, and examined on Oath, confesseth) or (at least) denyeth not, that he or she is a Recusant, and the Bishop or Justices are to certifie the Premises, and the name and aboad of the party to the next Sessions, where the Clerk of the Peace or Town Clerk are to record the same: And if they refuse to take the Oath, or to answer upon Oath, they are to bind them to the next Sessions; and if they refuse there to take it again, they incur a Premunirae, Premunire. Women Covert (except Women Covert) who in that case are to suffer Imprisonment till they take it.
Names to be subscribed.10. If they take the Oath, they are to subscribe their Names or Marks, & no Indictment against such as are Recusants, shal be reversed [Page 15] for lack of form, but onely by direct Traverse: Indictment not to be reversed for want of form. Who shall go out of the Realm to serve a Forreign Prince. But if they conform, they may be admitted to traverse or discharge it.
11. None shall go out of the Realm to serve any Forreign Prince or State, without taking the said Oath (of Allegiance) and if he have born Office as a Souldier, he shall also enter into Bond to the Kings use, with condition as in this Act is at large expressed in haec Verba, (to which the Reader is referred) or else to be adjudged a Fellon. Bond.
12. The Customers or Comptrollers of Ports onely, Customers and Comptrollers of Ports to take Bonds. and their Deputies, may take such Bonds, and minister the said Oath in this case, which they are every year to certifie into the Exchequer, the Bond, on pain of five pounds, and the Oath, on pain of twenty shillings.
13. Withdrawing Kings Subjects from their obedien [...]e, High Treason To absolve or withdraw the Kings Subjects from their Natural Obedience, to reconcile them to the Sea of Rome, or to move them to promise it, &c. or to be absolved, withdrawn, reconciled, or make promise, as aforesaid, is high Treason.
14. This Clause of Reconcilement (as to the point of reconcilement only) shall not extend to any, that shall return into the Realm, Reconciliation and within six weeks after, shall before the Bishop, &c. submit himself to the King, and his Laws, and take the Oaths of Supremacy and Allegiance.
15. The Sheriff, upon a lawful Writ, Excommunicate Recusants Action against an Officer for doing his duty, &c. may justifie to break a house for taking an Excommunicate Recusant.
16. If an Action be brought against an Officer, for execution of this Act, he may plead the General Issue, and give the special matter in evidence.
17. None shall be punished for his Wives offence, Wives Offence. nor shall a married Woman be chargeable with any penalty or forfeiture by force of this Act.
18. Six of the Privy Counsel (whereof the Chancellor, Oath of Allegiance. Noble men, & Noble Women. Treasurer, or Principal Secretary to be one) may minister the Oath of Allegiance to any Noble Man, or Noble Woman (unmarried) of, or above eighteen years of age, and if they refuse it, they incur a Praemunire.
19. The Warden of the Cinque-Ports, or some by his appointment, shall take the Bond, and minister the Oath, aforesaid, Warden of Cinque Ports. to any person passing beyond Sea out of them, i. e. the Cinque-Ports, or any of their Members.
1. By this Statute, He that within three dayes notice, discovers to a Justice of Peace, any that entertains a Popish Priest, 3. Jac. cap. 5. or any [Page 16] that have heard or said Mass, Entertaining a Popish Priest. Mass. shall have a third part of the forfeiture due for the said offences, if the whole exceed not an hundred and and fifty, then onely fifty pounds thereof to be paid him by the Sheriff, who shall leavy the same.
Convicted Recusants not to come to Court, on pain of an 100. l. Convict Recusants not to be in London, or ten miles of it, unless he be a Tradesman, on pain of 100. l.2. No Convicted Recusant shall come into Court without command from the King, or Warrant from the Privy Counsel, under their hands, on pain of an hundred pounds, one moiety to the King, the other to the Discoverer.
3. A Popish Recusant, Convict or Indicted for not coming to Church for three months together, and remaining in London, or within ten miles distance, shall within ten days after such Conviction or Indictment depart thence, and shall deliver their names (if in London) to the Lord Mayor there, and (if in the Countrey) to the next Justice of the Peace, on pain of an hundred pounds, to be divided between the King and the Prosecutor; but this is not to extend to Tradesmen that have no other habitation in, or within ten miles of London.
Licence must be procured by a Recusant, to go about his occasions, &c.4. A Recusant may go about his own occasions, by Licence from the King, or three Privy Counsellors under their hands, or four Justices of Peace under their hands and Seals, with the assent in writing of the Bishop, Lievtenant, or Deputy Lievtenant of the same County, notwithstanding the Statute of 35. Eliz. cap. 2. which Licence is not to be granted by the said Justices, till the party makes Oath of the true reason of his Journey, and that he will make no needless stay.
No Convict Recusant may practice Law, Physick, &c. or bear Office in any Castle, &c.5. No Convicted Recusant shall practice the Common Law, Civil Law, Physick, or the Art of the Apothecary; or be an Officer of or in any Court; or bear any Office among Souldiers, or in a Ship, Castle, or Fortress, on pain of an hundred pound, to be divided between the King and the Prosecutor.
Popish Recusant Convict, or whose Wife is such, may not bear Office, &c. 6. No Popish Recusant Convict, or whose Wife is a Popish Recusant Convict, shall exercise any publick Office in the Common Wealth by himself, or his Deputy, unless he bring up his Children in the true Religion; and together with his Children and Servants, repair to the Church, and receive the Sacraments, as the Law requires.
What a married Woman, being a Recusant Convict, shall forfeit.7. A married Woman, being a Popish Recusant Convict, (her Husband being none) that doth not conform her self, as aforesaid, by the space of one whole year before her Husbands death, shall forfeit two thirds of her Dower or Joynter, and shall be uncapable of being Executrix, or Administratrix to her Husband, or enjoying any part of his Goods.
[Page 17]8. A Popish Recusant, after Conviction, A Popish Recusant Convict, shall be an Excommunicate Person to all intents, till he conform. shall be (to all intents) reputed as a person Excommunicate, until he conform and take the Oath of Obedience or Allegiance, ordained by 3. Jac. 4. Yet he may sue for his Interest, in Lands not seized into the Kings hands.
9. A Popish Recusant Convict, Popish Recusant Convict, must be married by a lawful Minister, in open Church, on pain of 100 l. married otherwise then in open Church, by a lawful Minister, according to the Church of England, shall not be Tenant by the Curtesie. A Woman also (in this case) shall lose her Dower, Joynture, Widdows Estate, and all her Husbands Goods; and where a Man cannot be Tenant by the Curtesie, he shall forfeit an hundred pounds, to be divided between the King and Prosecutor.
10. Every Popish Recusant, Their Children to be Baptized by a lawful Minister, on pain of an 100 l. within a month after the Birth of his Child, shall cause it to be Baptized by a lawful Minister, on pain of an hundred pounds, if he outlive the month, if not, his Wife is to pay the forfeiture; the King to have one third part, the Prosecutor another, and the poor of the Parish the third.
11. Every Popish Recusant is to be Buried in the Church, They must be buried in the Church, or in the Church-Yard, on pain of 20 l. or Church-Yard, according to the Church-Laws of this Realm, on pain that his Executor, Administrator, or the party that causes him to be otherwise buried, pay twenty pounds to be divided as next aforesaid.
12. A Child (being no Souldier, Marriner, Merchant, Who may go beyond Sea, and upon what Licence, &c. or Apprentice, or Factor to a Merchant) shall not be sent, or go beyond Sea, without the Kings Licence, or six of the Privy Council, (the principal Secretary being one) on pain thereby to be incapable to injoy any Lands, or Goods, by Descent or Grant, until (being eighteen years of age, or above) he take the Oath of Obedience before some Justice of Peace of the County, The penalties of going beyond Sea, &c. without Licence. where his Parents do or did dwell. And in the mean time, the next of Kin (being no Papist) shall injoy his Lands and Goods, but shall be accomptable to the other, in case he afterwards conform, as aforesaid; and he that so goes out of the Realm, shall forfeit an hundred pounds to be divided, as aforesaid.
13. A Popish Recusant Convict, Chancellor, &c. of both Universities, shall present to the benefice of a Recusant Convict. shall be disabled to present to a Benefice, but in his stead, the Chancellor and Schollars of the Universities of Cambridge and Oxford, shall present, within several Counties respectively, as by this Act is at large set forth.
14. A Popish Recusant Convict, shall not be an Executor, Convict Papist, may not be Executor, &c. Administrator, or Guardian.
[Page 18] None may bring from beyond Sea, or Print, or Sell Popish Books, &c.15. None shall bring from beyond Sea, Print, Sell or Buy any Popish Primmars, Ladies Psalters, Manuals, Rosaries, Portals, Legends, or Lives of Saints in what Language soever they shall be Printed or Written, nor any other Superstitious Books written in the English Tongue, one pain to forfeit forty shillings for every such book, to be divided as aforesaid.
16. Two Justices of Peace, and all Mayors, Bayliffs, and Head-Officers, have power to search the Houses and Lodgings of Popish Recusants Convict, and of every person, whose Wife is a Popish Recusant Convict, Power to search Convict Papists Lodgings for Popish Books and Reliques. for Popish Books and Reliques, and to lurn and deface such as they shall find in their custody; but such as are of value, in open Sessions, and afterwards restored to the Owner.
The Armour of Recusants Convict to be secured; and those that refuse to deliver them to be punished, &c.17. All the Armour, Gunpowder and Ammunition of a Popish Recusant Convict, shall be taken from him, by Warrant from four Justices of the Peace, at the General Sessions (other then such Weapons as shall be allowed him by the said Justices, for defence of his house against Thieves, &c.) which Armour, &c. shall be kept at the costs of such Recusant, in such places as the said Justices shall appoint, and shewed at every Muster, as his Arms, together with his Horse, which he shall buy, provide, and maintain for that purpose, according to his ability, as other Subjects do; and the Recusant that refuseth to declare what Armour and Amunition he hath, and deliver it to such persons as shall have power to seize it, he shall forfeit the same to the King; and by Warrant from any Justice of Peace of that County, be imprisoned for three months without Bayle.
[...]. Jac. cap. 6. Oath of Obedidience.1. By this Statute is set forth, who shall give, and who shall take the Oath of Allegiance, and within what time, and before whom, a Barron or Barronness, of or about eighteen years old, shall take it. See the Statute at large.
Barrons and Barronesses convicted of Recusancy; who may tender this Oath to them2. If a Barron or Barronness stand Presented, Indicted, or Convicted of Recusancy, three of the Privy Council (whereof the Lord Chancellor, Treasurer, Privy Seal, or Principal Secretary to be one) shall minister to them the said Oath, but if he be a convicted person under those degrees; or if the Minister, petty Constables, Who to a common person. or Churchwardens of any Parish, or any two of them, shall complain to any Justice of the Peace, of any person suspected of Recusancy, then the said Justice may in either of the said cases, minister the said Oath, and upon refusal commit the party to Prison, there to remain until the next Assizes or [Page 19] Sessions, where if he or she again refuse to take it, Premunire. they shall incur a Praemunire, (except Women Covert, who shall onely be Imprisoned in this case) and there remain without Bayl, until they take the said Oath.
3. None refusing, the said Oath, The penalty of refusing the Oath: shall be capable of any Office of Judicature, or other Office (being no Office of Inheritance or Ministerial Function) or to practise the Common Law, Physick, Lawyers, &c. refusing it. Chyrurgery, the Art of Apothecary, or any liberal Science for Gain.
4. If a Married Woman be a convicted Recusant, A married woman convicted of Recusancy, her penalty. and do not conform within three months after conviction, she shall be committed to Prison, by a Privy Counsellor; or the Bishop of the Diocess, if she be a Baroness; but if of a lower degree, then she shall be committed by two Justices of Peace (whereof one of the Quorum) and there remain until she conform, unless the Husband shall pay to the King for his Wives offence, ten pounds for every month, or yield a third part of all his Lands: at the choice of such Husbands.
5. None shall go himself, The penalty of going beyond Sea, or sending any thither to be trained in Popery, or sending relief to them. or send any other person whatsoever beyond Sea, to be trained up in Popery, nor give any maintenance or relief to the party so sent, or to any School, or Relious house there, (on pain after conviction thereof) to be made unable to prosecute any Suit in any Court of Equity, to be Committee of any Ward, Executor or Administrator, and to be uncapable of any Legacy, or Deed of Gift, or bearing Office within this Realm. And besides, to forfeit all his Goods and Chattels, and his Lands also, during life; but if he or she conform within six weeks after his or her return, according to the Statutes of this Realm, they shall not incur the said Penalties.
1. By this Statute, the Statute of 1. Jac. cap. 1. 3. Car. l. cap. 2. is to be put in due execution.
2. None of the Kings Subjects shall pass, or go, The like penalty as in the next preceding Statute for sending or going beyond Sea to be trained in Popery, &c. or shall convey or send, or cause to be conveyed or sent, any Children, or other person, out of any the Kings Dominions, into any parts beyond the Seas, out of the Kings obedience, to the intent to be resident and trained up in any Popish Society, School or Family, or instructed in the Popish Religion, in any sort to profess the same; Neither shall any convey, or cause to be conveyed any money, or other thing, towards the maintenance of any such Children, or person already gone or sent, or to go, or to be sent, and trained and instructed, as aforesaid, or (under the name of Charity) [Page 20] towards the relief of any such Society or Religious House, on pain, after conviction, in the aforesaid cases, to be disabled to Sue, or use any Action, Bill, Plant, or Information in Law, or Prosecute any Suit in Equity, &c. As in the next precedent Statute here abstracted and abridged.
This is the Sum and substance of all the Statute-Laws against Jesuites, Priests, and Popish Recusants; which for the benefit of my Countrey men, I have abstracted out of the large Volumn of the Statute-Books, and here brought them to this narrow compass; but read them at large for thy better satisfaction. Farewell.