School-master presuming to teach any thing contrary to this Act and being thereof lawfully convict shall be disabled to be a Teacher of Youth and shall suffer imprisonment without Bayl ot Mainprise for the space of a year No Ordinary or their Ministers shall take any thing for the allowance of any Schoole-master All offences aforesaid and all offences against the first Eliz. 1. 5 Eliz. 1. 13 Eliz. 2. c. are inquirable into by the Justices of peace and other Justices named in the said Act within a year and day after such offences committed Justices of Oyer and Terminer of Assiize of Goale-delivery in their limits Justices of Peace in their quarter-Quarter-sessions have power to hear and determine the offences aforesaid except Treason and Misprision of Treason Every person guilty of any offence against this Statute other then Treason Misprision of Treason which shall before he be indicted or at his Arraignment before Judgement submit and conform himself before the Bishop of the Diocess where he shall be resident and before the Justice of Peace where he shall be arraigned or tried having not before made like submission shall upon his recognition of such submission in open Assises or Sessions in the County where such person shall be resident be discharged of all the said offences The forfeitures of the moneys limited by this Act shall be divided into three equall parts whereof one third part to the Queen to her use another for the relief of the poor in the Parish where such offence is committed to be delivered by warrant of the principle Officers in the receipt of the Exchequer without further warrant from her Majesty the other third part to such person as will sue for the same in any court of Record in which no Essoin or Protection or Wager of Law shall be allowed He that shall forfeit such summes as are specified in this Act and be not able or shall not pay the same within 3. moneths after Judgement shall be committed to prison and there remain untill he have paid the said summes or conform himself to goe to Church He that usually on Sunday shall have in his house the Divine Service as it is established and be thereat usually present and not obstinately refuse to come to Church and shall at least four times in the year be present at the Divine Service in his Parish Church or in some open Church or Chappell of ease shall incur no damage nor danger by this Act. Every Grant Conveyance Bond Judgement and Execution of covetous purpose to defraud the Queen or any other person shall be holden utterly void Tryall of a Peer for any Treason or misprision of Treason by this Act shall be by his Peers This Act nor any thing contained therein is said not to extend to take away any or abridge the authority or jurisdiction of the Ecclesiasticall Censures for any cause or matter but that Arch-Bishops and Bishops and other Ecclesiasticall Judges may do and proceed as before the making of it All Jesuits made within or without the Realm since the Nativity of St. Stat. 27 Eliz. cap. 2. John the Baptist in the first year of the Queen shall within 40. dayes next after the Session of Parliament if they be not wind-bound depart out of England and other the Queens Dominions If any Jesuit Seminary Priest or other such Priest Deacon or Religious or Ecclesiasticall person whatsoever born within the Dominions of the Queen and made since the feast of the Nativity of St. John in the first year of the Queen or hereafter to be made by any Authority from the Church of Rome shall after the said forty dayes after the Session of Parliament other then in such speciall cases as in this Act is expressed be found in any of the Queens Dominions every such person shall be adjudged a Traitor All they which shall receive any such Jesuit or Priest after such time shall be adjudged a felon without benefit of Clergy If Any Subject of England then being or after shall be of or brought up in any Colledge of Jesuits or seminaries already erected or to be erected out of the Realm shall not within six moneths next after Proclamation in that behalf made in London under the broad Seal return into this Realm and within two dayes after before the Bishop of the Diocesse or two Justices of the peace of the County where he shall arrive submit himself to her Majesty and her Lawes and take the Oath set forth in the first year of her Reign That then every such person which shall otherwise return shall be taken and deemed as a Traitor Whosoever shall any wayes send relief to any Jesuit or seminary beyond the seas or give any maintenance to any Colledge of Jesuits or Seminaries shall incur the danger of a Premunire None during the Queens life shall send his or her Child or other person except Merchants or such only who serve in their Trade as Merchants or Mariners beyond the Seas without the Queens speciall licence or under four of the Councells hands upon the penalty of one hundred pounds Every offence committed against this Act may be heard and determined as well in the Kings Bench as also in any County within this Realm or any of the Queens Dominions where the offence shall be committed or where the offendor shall be apprehended This Act shall not extend to any Jesuit c. before mentioned as shall within the said 40. dayes or within 40. daies after he come into the Realm submit himself to some Arch-bishop or Bishop of this Realm or to some Justice of Peace within the County where he shall arrive and doe thereupon truly and sincerely before the Arch-bishop Bishop or Justice of Peace take the said Oath set forth the first of Eliz. and under his hand confesse afterward to continue in due obedience to the Queens Lawes made or to be made in causes of Religion Peers shall be tried by their Peers for any offence made Treason Felony or Premunire by this Act. Any person being a Subject of this Realm which shall after the said 40. daies know any such Jesuit or Priest c. and shall not discover the same to some Justice of Peace or Higher Officer within 12. dayes every such person shall be fined and imprisoned according to the Queens pleasure and every such Justice of Peace or higher Officer which shall not discover the same within 28. dayes to some of the Queens Councell or to the President or Vice-president of the Queens Councell established in the North or Marches of Wales then he or they so offending shall forfeit 200 Markes Such of the Privy Councell President or Vice-president abovesaid to whom such information shall be made shall thereupon deliver a note in writing subscribed by his own hand to the party by whom he shall receive such information testifying that such information was made to him All such Oaths Bonds and Submissions as shall be made by force of
his tail for his Second Ground is That the nature of Man reacheth not to the perfection of Government But what does our Author here mean by Freemen if by Freemen he understands men free to do what they list then our Author leaves them as he found them and has done nothing at all but if these Freemen be subject to their Trustee so far as he apprehends it fit and necessary for the good of the Commonwealth then I believe we shall finde them as very slaves as any our Author Ground 9. makes So that after all this ado our Author has made a multitude of slaves or he has made nothing at all And thus hath our Author endeavored to shew why men desire to live in Community viz. By having nothing common at all The Eighth GROUND Of the Authority given to an Absolute Governor and of Vnder-sorts of Government Author NOw comes our Author with a dog in a line his Absolute Governor tyed up to certain Laws and Limits which he has no right to transgress Observ What is this our Authors Absolute Governor Why the Roman Dictator was worth ten of this for he had power of life and death of disposing of all Offices at his own will and pleasure without the controlment of any either Senate or People Consul or Tribune and this power to continue during the exigence and danger of the Commonwealth Yet so far was the Dictator from being an absolute Governor that he was the while but a Minister of the Peoples which was plain in Fabius Maximus for Plutar. in vita Fabii Liv. lib. 22. though he were chosen Dictator yet during the danger of the Common-wealth the People made Minutius equal to him And so was the Athenian Archon who though chosen for Ten years and called a Judge and chiefest of power in the Commonwealth yet as Bodin observes cap. 8. fol. 80. de repub was not the Majesty of the Commonwealth in him but he a Provider and Procurator of the People and was bound to give an account of his Government And the reason why the Dictator and Archon were not absolute Governors is plain because this power was not immediately in them from God but delegate and constituted from another And any power that makes any thing may alter it for Unumquodque dissolvi potest eo ligamine quo ligatum est Well but let us see what manner of beast our Authors Absolute Governor is Why our Author tells you he is an Absolute Governor but restrained and tied up to certain Laws and Limits Which is a contradiction and impossible for in being absolute he is freed from all Laws and Limitations And now I will tell our Author that if his absolute Governor be tied up to any humane Limits or Laws he has so little power that it is impossible for him to protect and defend his rational people For suppose the Laws he is restrained to be as many as are contained in the body of the Civil Law our Statutes and all the Acts and Ordinances made since 1641. and twenty times more yet would not this be sufficient for an absolute Governor For all these are finite and mens actions are infinite and therefore Enemies may find out such ways to invade this free people as this absolute Governor cannot find in his Laws where he has power to oppose them and so this rational freeborn people must be left destitute if any Enemy may be found who can outwit them and find a way to oppress them out of the Laws and Limits which they have given their absolute Governor And who will desire any greater advantage against another then to have him look always one way or what Enemy desires more against another then against such a one whose absolute Governor is tied up to certain Instructions and those known to themselves And Laws are things which must be in esse And how can any man tell to day what may happen to morrow but Princes must to morrow and next day and every day steer their course according as the wind and storms shoals and deeps c. represent themselves which no man can possibly foresee Well let us see what the restriction of any one thing in the Supream Prince may bring upon himself and Subjects Let us look upon a King of England after the Act of Parliament De tallagio non concedendo an Act of Parliament is the Act of the King in Parliament As when the Lords and Commons present any Bill to the King and he passes it this is an Act of Parliament which is no more a Law of the Lords and Commons then the Laws passed at the Petition or Rogation of Coelius Cassius Sempronius c. were the Laws of Coelius Cassius and Sempronius And let every King expect that whatsoever the Subject can get of the King by hook or crook he will hold that as fast as the King shall any flower he leaves in his Crown Well then if Edward the First will not pass this Law he gets not a groat of his Subjects in England towards the relief of his oppressed Subjects of Aquitain in France which Sir Edward Coke in his Comment upon this Statute observes Well then the Scots in the year One thousand six hundred and forty having-transgressed all Laws of God and Humanity as well as the Borders and Bounds of their own Countrey raise Arms the second time and make an invasion upon us and seise upon Berwick and Newcastle but though the Kings hands were tyed up yet the Divine Vengeance of Heaven shall overtake them and their Countrey by a hand they could so little fear as I believe few of them knew whether there were any such or no. And now oh you who have not forced all mankinde from Humane brests come and stand amazed with horror for the most deplorable condition of the most Pious the most Religious the most Just the most Chaste Vertuous and Serenest Prince that ever swayed the English Scepter and not to be parallel'd by any Countrey whatsoever The Scots having invaded this Nation to treat with them a second time was too too much an indignity for their Natural Soveraign besides it was an affront not to be endured by the Englishmen That their Countrey must be made a prey to such Locusts and Caterpillers whensoever they will pretend grievance in Kirk and Discipline To restrain them by force it could not be without raising money By this Statute the King they say can raise none but by Parliament and to call a Parliament in this mad conjuncture of times was judged by himself and Council to be a means to increase the power of the Scots by the Parliaments joyning with them to the endangering himself and his Posterity Well then what is to be done what stand still and look on while these hungry Vermine devour and make a prey of his afflicted Subjects No the King to make his goodness appear above his own danger calls a Parliament where not deceived in his
of them or by any Generall Councell wherein the same was declared heresie by expresse and plaine words of Scripture or such as should be determined Heresie by the high Court of Parl. with the assent of the Clergy in their Convocation This Statute revives the 23 H. 8. 9. 24 H. 8. 12. 25 H. 8. 20. 25 H. 8. 21. 26 H. 8. 14. 28 H. 8. 16. So much of the Act of the 32 H. 8. 38. concerning precontracts of Marriages and touching degrees of Consanguinity as by the 2 Ed. 6. 23. was not repealed the 37 H. 8. 17. the 1 Ed. 6. 1. This Act repeales the Statute of the 1 2. Ph. M. 6. the 1 2 Ph. M. 8 except those things touching the Premunire in the said Statute It repeales the 5 R. 2. 5. the 2 H. 4. 15. the 2 H. 5. 7. made for the punishment of Heresies by fire and faggot This statute repeales the statute of the first of Mary and the 2 and revives Stat. 1 Eliz. cap. 2. the statute of the 5 6 of Ed. 6. for the uniformity of Prayer and administration of the Sacraments with the alteration or addition of certain Lessons to be used every Sunday of the yeere and the forme of the Letany altered and corrected and two sentences only added in the delivery of the Sacrament to the Communicants If any Parson Vicar or other whatsoever Minister that ought or should say or sing Common-Prayer mentioned in the said Booke in such Cathedrall or Parish-Church or other places where he should Minister the same in such manner and forme as is mentioned in the said Booke refuse to doe the same or use any other forme or shall preach declare or speake any thing in derogation of the said booke or any thing therein contained or any part thereof and shall thereof be lawfully convicted according to the Lawes of the Land by the Verdict of 12 men or confession or notorious evidence of the fact shall forfeit to the Queene c. for the first offence the profits of one whole yeere next after such conviction of all his spirituall Benefices and suffer imprisonment for the space of six moneths without Bayle or Mainprize If any such person once convicted concerning the Premisses shall after such conviction offend and be thereof lawfully convict shall suffer imprisonment for the space of one whole year and be deprived ipso facto of all his spirituall promotions and that it shall be lawfull for all Patrons and Donors of such Spirituall promotions to present or collate to the same as if the person or persons so offending were dead If any person be convicted the third time of the premisses he shall ipso facto be deprived of all his spirituall promotions and shall suffer imprisonment during life Any person that shall offend and be convicted inform aforesaid concerning any of the premisses not being beneficiall or having any spirituall promotion shall for the first offence after such conviction suffer imprisonment for the space of one whole year without Bail or Mainprise and for the second offence after lawfull conviction shall suffer imprisonment during life If any person shall doe or speak any thing in derogation of the book of Common-prayer or disturb or interrupt any Parson Vicar or other Minister in any Cathedrall or Parshi Church or Chappel in the celebration of the Common-prayer or ministration of the Sacraments or shall compell or cause any other Service to be celebrated being thereof lawfully convict shall for the first offence forfeit to the Queen c. the summe of one hundred Marks and for the second offence the summe of four hundred Marks and for the third offence he shall forfeit all his Goods and Chattels and suffer imprisonment during life If any person shall for the first offence be convict of the premisses in form aforesaid and shall not pay the sum to be paid by virtue of his conviction that instead thereof he shall suffer imprisonment for the space of 6. moneths without Bail or Mainprise and he that shall not pay for the second conviction shal suffer imprisonment for the space of 12. moneths without Bail or Mainprise Every person shall having no lawfull or reasonable excuse to be absent diligently and faithfully endeavour to resort to the usuall places where Common-prayer and such Service of God shall be used upon Sundayes and other dayes appointed to be kept holy and there abide orderly and soberly during the time of Common-prayer Preaching and other Service of God upon pain of punishment by censures of the Church and twelve pence to be levied by the Church-wardens to those of the poor of the Parish by way of distress The Ordinaries and all other Officers Ecclesiasticall as well in places exempt as not exempt within their Diocess have power and authority by this Act to correct and reform and punish by Church censures all who shall offend within their Jurisdictions The Justices of Oyer and Determiner or Justices of Assise in open and generall Sessions have power to hear determine and punish these offences yet so that every Arch-bishop and Bishop in their severall Diocesses by virtue of this Act may associate or joyn themselves with the said Justices No person shall be molested for any offences abovesaid unlesse he be indicted at the next generall Sessions next after such offences are committed All Lords of Parliament for their third offence shall be tried by their Peers Chiefe Officers of Cities and Boroughs have the like authority to hear and determine the offences aforesaid as the Justices of Assize and Oyer and Determiner have Arch-Bishops Bishops their Chancellors Commissaries Arch-Deacons and other Ordinaries having any peculiar Ecclesiasticall Jurisdiction have by virtue of this Act power in their Visitations Synods and elsewhere within their Jurisdictions to enquire and take the accusations and informations of all the offences aforesaid and to punish the same by Admonition Excommunication Sequestration or Deprivation and other censures in like form as heretofore has been used by the Queens Ecclesiasticall Laws Any person offending in the premisses and punished therefore by the Ordinary having a testimoniall thereof under the Ordinaries Seal shall not for the same offence be convicted before the Justices and likewise punished for the first offence by the Justices he shall not again receive punishment of the Ordinary Such Ornaments of the Church and of the Ministers shall be reteined Anno 5 Eliz. cap. 1. and be in use as was in this Church of England by authority of Parliament in the 2 year of the Reign of Ed. 6. untill other Order shall be taken by authority of the Queen with the advice of the Commissioners appointed and authorised under the Great Seal of England for causes Ecclesiasticall or of the Metropolitan of the Realm It was enacted That whatsoever person inhabiting in the Queens Dominions who by word or deed should maintain that the Bishop of Rome had any authority or jurisdiction in any of the
she was rather carefull to conserve peace at home then to maintain it abroad and was more mindfull of the present age then of posterity and sure that King that succeeded her might justly expect to finde a hard taske so to Govern as to preserve the love and obedience shee had for besides her prudence and frugality in Government and expences she was single had not any kindred in the Nation which were any charge to her whereas the King succeeding not only having a Queen but also Posterity must multiply expence whereby hee shall lose the affections of his Subjects from whom it must be raised or abate of the magnificennce which is necessary for the reputation and Regality and which every Monarch ought especially to be carefull of for Where Majesty or Power is contemptible the exercise of them is never permanent Ecclesiasticall Lawes made by King James THis Statute doth Enact That all Statutes made by Queene Elizabeth Anno 1. Jac. cap. 4. against all Jesuites Priests and Seminaries made in the Church of Rome and all those Statutes made against all manner of Recusants be put in due and exact execution Every Recusant that shall conforme himselfe to the Lawes and Ordinances of the Church of England and repaire to Church and continue there during the time of divine Service and Sermon according to the true intent of the statute in that case made in the time of Queen Elizabeth shall be discharged from all penalties of Recusancy so long as he continues in such obedience and conformity The heir of any Recusant who is no Recusant shall not incur any penalty for the Recusancy of his ancestor if at the death of any Recusant the heire of the Recusant be a Recusant and after become conformable to the Lawes and Ordinances of the Church and take the oath of Supremacy made in the first yeere of Q. Eliz before the Archbishop or Bishop of the Diocess then every such heir shall be discharged of all penalty hapning in respect of the Recusancy of his Ancestor If the Heire of any Recusant bee within the age of sixteene yeeres at the death of his Ancestor and after become or bee a Recusant that then hee shall not bee discharged from the penalty of Recusancy untill hee submit to the Lawes and Ordinances of the Church and take the said oath of Supremacy in manner and form expressed 23 Eliz. cap. 1. Where any seisure shall be had of the 2 parts of any Lands or Tenements c. for the not payment of the 20. l. due and payable for each moneth according to the Statute in that case lately made * in such case two third parts shall goe to the payment of the said twenty pound a moneth the third part shall not be extended by the King nor forfeited by the Recusant where any seisure hath beene made by the King and the debt or duty by reason of Recusancy not paid then the King may continue the seisure untill the residue of the debt be fully satisfied and discharged The King and his Heirs shall not seize nor extend any third part descending to any such heirs or any part thereof either by reason of the Recusancy of such heir or the Recusancy of his Ancestor Every person under the Kings obedience which at any time after the end of the session of that Parliament shall send any childe or other person under his Government into any parts beyond the Seas out of the Kings obedience to be resident in any Colledg or house of any popish Order or Profession whatsoever or repair to the same to be instructed in the popish Religion or in any sort to professe the same shall for every such offence forfeit to the King the summe of one hundred pounds and every person so passing or sent beyond the Seas in respect of himselfe or her selfe only and not in respect of his or her posterity be made incapable to inherit or purchase in any of the Kings Dominions If any person borne in any of the Kings Dominions at the making of this Act were in any such house or Colledg to be instructed in the popish Religion and should not return into some of his Majesties Dominions within one yeere next after the session of that Parliament and submit himself as is aforesaid shall be in respect of himselfe only and not in respect of his heirs and posterity utterly uncapable of inheriting or purchasing within any of the Kings Dominions Provided that if any such person shall afterward become obedient and conformable to the lawes and ordinances of the Church of England and repaire to Church according to the true intent of the said statutes and ordinances and continue so to doe that then every such person shall be discharged of such disability No woman nor any childe under the age of twenty one yeeres except Saylors and Ship-boyes or the Apprentice or Factor of some Merchant in trade of Merchandize shall be permitted to passe over the Seas without License from the King or six or more of the privy Councell under their hands upon paine that the officers of the Port that willfully or negligently did suffer any such to passe and did not enter the names of such passengers so licensed shall forfeit their office and all their goods and chattels and that every owner of any ship or vessell that shall willfully carry over seas any such person without license shall forfeit his ship or vessell and all the tackle and every Mr. or Mariner of or in any such ship offending as aforesaid shall forfeit all their goods and suffer imprisonment by the space of 12 moneths without baile or mainprize No person shall keepe any Schoole or be a Schoole-master out of any of the Universities or Colledges of this Realme except it bee in some publick or free Grammer-Schoole or in some such Noblemans or Noblewomans Gentlemans or Gentlewomans house as are not Recusants or where the said same Schoole-Master shall not be licensed by the Archbishop Bishop or Guardian of the Spiritualties of that Diocesse upon paine that as well the schoole-master as the party that entertains him shall forfeit for every day so offending the sum of forty shillings the one halfe to the King the other to him who shall sue for the same in any of the Kings Courts of Record in Westminster by Action of Debt Bill Plaint or Information in which no Essoine Protection or wager of Law shall be allowed Because some popishly affected did repaire to Church monethly whereby Stat. Anno. 3. Jac. cap. 4. they did evade the penalties imposed by precedent Parliaments as is alledged It was therefore Enacted That if any Recusant so conformed shall not once a yeere at least after the Session of Parliament receive the Sacrament in the Church of that parish where he or she usually abides or if there be no Church then in the Church next adjoyning shall forfeit for the first yeere the summe of twenty pounds for the second yeere
person sueth another Spiritual person in the Court of Rome for a matter Spiritual where he may have remedy before his Ordinary that is of the Bishop of the Diocess within the Realm Quia trahit ipsum in placitum extra regnum incurreth the danger of a Premunire a hainous offence being contra Legiantiae suae debitum in contemptum Domini Regis contra coronam dignitatem suam In the Kings Court of Record where Felonies are determined the Bishop or his Deputy ought to give his attendance to the end that if any man 9 Ed. 4. 28. that is Indicted or Arraigned for Felony do demand the benefit of his Clergy that the Ordinary may inform the Court of his sufficiency or insufficiency that is whether he can read as a Clerk or not whereof notwithstanding the Ordinary is not to judge but a Minister to the Kings Court and the Judges of that Court are to judge of the sufficiency or insufficiency of the party whatsoever the Ordinary do inform them and upon due examination of the party may give judgement above the Ordinaries information For the Kings Judges are Judges of the Cause whether the Ordinary be a Judge of Legit or non Legit matters not much for if he be Judge or Minister no doubt but he is the Kings Judge or Minister And I my self have seen Chief Justice Littleton overrule the Ordinary in the Case of one Brudbank after the Ordinaries Deputy had pronounced legit ut Clericus and give sentence of death upon him for his non legit and he was hanged The Popes Excommunication is of no force within the Kingdom of England 12 Ed. 4. f. 46. In the Reign of King Ed. 4. a Legat came from the Pope to Callis to have come into England but the King and his Councel would not let him come into England until he had taken an Oath that he should attempt nothing against the King or his Crown And so the like was done to another of the Popes Legates And this is so reported 1 H. 7. fol. 10. In the Reign of Richard the third It is resolved by the Judges that a Judgement of Excommunication in the Church of Rome shall not prejudice any man within England at the Common Law In the Reign of Henry the seventh 1 H. 7. fol. 10. The Pope had Excommunicated all persons whatsoever who had bought Alume of the Florentines and it was resolved by all the Judges that the Popes Excommunication ought not to be obeyed or to be put in execution within the Realm of England It was enacted ordained and established by the advice and assent of the Lords Spiritual and Temporal and the Commons in the said Parliament assembled That it be lawful to all Archbishops and Bishops and other Ordinaries having Episcopal jurisdiction to punish chastise such Priests Clerks and Religious men being within the bounds of their jurisdiction as shall be committed afore them by examination and lawful proof requisite by the Law of the Church of Advoutry Fornication Incest or any other fleshly incontinency by committing them to ward or prison there to abide in ward until such time as shall be thought to their discretions convenient for the quality and quantity of their trespass And that none of the Archbishops Bishops or Ordinaries aforesaid be thereof chargeable of to or upon any action of false or wrongful Imprisonment but that they be utterly discharged thereof in any of the cases aforesaid by vertue of this Act. The King is a mixt person because he hath Ecclesiastical and Temporal 10 H. 7. 18. jurisdiction By the Ecclesiastical Laws allowed within this Realm a Priest cannot 11 H. 7. 12. have two Benefices nor a Bastard can have a Priest But the King may by his Ecclesiastical power and jurisdiction dispence with both these because they be mala prohibita but not mala per se How far Henry the Eighth exercised his Ecclesiastical Jurisdiction IT was enacted That if any person or persons at any time after the St. 21. H. 8. 13. first of April 1530. contrary to the Act should procure and obtain at the Court of Rome or elswhere any Licence or Licences Union Toleration or Dispensation to receive or take any more Benefices with cure then was limited by the said Act or else at any time after the said day should put in execution any such Licence Toleration or Dispensation before that time obtained contrary to the said Act That then every such person or persons so after the said day suing for himself or receiving or taking such Benefice by force of such Licence or Licences Union Toleration or Dispensation that is to say the same person or persons only and no other should for every such default incur the danger pain and penalty of Twenty pounds sterling and should also lose the whole profits of every such Benefice or Benefices as he receives or takes by force of any such Licence or Licences Union Toleration or Dispensation And that if any person or persons did procure or obtain at the Court of Rome or elswhere any manner of Licence or Dispensation to be nonresident at their Dignities Prebends or Benefices contrary to the said Act that then every such person putting in execution any such Dispensation or Licence for himself from the said first of April 1530. should run and incur the penalty damage and pain of Twenty pounds sterling for every time so doing to be forfeited and recovered and yet such Licence or Dispensation so procured or to be put in execution to be void and of none effect It was enacted That no person from thenceforth cited or summoned 23 H. 8. cap. 9. or otherwise called to appear by himself or herself or by any Procurator before any Ordinary Archdeacon Commissary Official or any other Judge Spiritual out of the Diocese or peculiar Jurisdiction where the person which shall be cited summoned or otherwise as is abovesaid called shall be inhabiting and dwelling at the time of awarding or going forth of the same citation or summons Except it be for in or upon any of the cases or causes hereafter written viz. for any Spiritual offence or cause committed or done or omitted forstowed or neglected to be done contrary to right and duty by the Bishop Archdeacon Commissary Official or other person having Spiritual jurisdiction or being a Spiritual Judge or by any other person or persons within the Diocese or other Jurisdiction whereunto he or she shall be cited or otherwise lawfully called to appear and answer And that every Spiritual Judge offending contrary to the purport of this Act shall forfeit Ten shillings sterling the one half to the King the other half to any person that will sue for the same in any of the Kings Courts in which action no protection shall be allowed nor Wager of Law or Essoine be admitted In which Sir E. Coke Cawdries case says there were twenty four Bishops Stat. 24. H. 8. cap.
12. twenty nine Abbots and Priors for so many then were Lords of Parliament It is declared That where by divers sundry old authentique Histories and Chronicles it was manifestly declared and expressed that this Realm of England is an Empire and has been so accounted in the world governed by one Supreme Head and King having the dignity and Royal estate of the Imperial crown of the same unto whom a Body Politique compact of all sorts and degrees of people divided in terms and by names of Spirituality and Temporality been bound and ought to bear next to God a natural and humble obedience He being also institute and furnished by the goodness of God with plenary whole and entire power preheminence authority prerogative and jurisdiction to render and yield justice and final determination to all manner of folk resiants or subjects within this his Realm in all causes matters debates and contentions happening to occur insurge or begin within the limits thereof without restraint or provocation to any Forein Princes or Potentates in the world The body Spiritual whereof having power when any cause of Law Divine happened to come in question or of Spiritual Learning that it was declared interpreted and shewed by that part of the said body Politique called the Spiritual body then being usually called the English Church which always hath been reputed and also found of that sort that both for knowledge integrity and sufficiency of number it has been always thought and was also at that houre sufficient and meet of it self without the intermedling of any exterior person or persons to declare and determine all such doubts and to administer all such offices and duties as to the the rooms Spiritual did appertain For the due administration whereof and to keep them from corruption and sinister affection the Kings noble Progenitors and Antecessors of the Nobles of this Realm have sufficiently endowed the said Church both with honor and possessions And the Laws Temporal for trial of Property of Lands and Goods and for the conservation of the people of this Realm in unity and peace without rapine and spoil was and yet is administred adjudged and executed by sundry Judges and Ministers of the other part of the said Body Politique called the Temporalty And both their Authorities and Jurisdictions do conjoin together in the due administration of Justice the one to help the other This Statute does moreover affirm that Ed. 1. Ed. 3. Rich. 2. H. 4. and other Kings did make divers Laws Ordinances Statutes c. for the entire and sure conservation of the prerogatives liberties and preheminences of the said Imperial Crown and of the Jurisdictions Spiritual and Temporal of the same to keep it from the annoyance as well from the See of Rome as from other Forein Potentates and does make all Causes determinable by any Spiritual jurisdiction to be adjudged within the Kings authority All First-fruits and all contributions to the See of Rome by any Bishop St. 25. H. 8 cap. 20. were forbidden upon pain of forfeiture of all the goods and cattals for ever and all the Temporal lands and possessions of every Archbishoprick or Bishoprick during the time that he or they who offend contrary to the said Act shall possess and enjoy the said Archbishoprick or Bishoprick And that if any presented to the See of Rome by the King to a Bishoprick and he be there delayed he may be consecrated by an Archbishop in England and that an Archbishop presented to the See of Rome to be there consecrated and there letted may be consecrated by two Bishops of England And because the Pope hereof informed did not redress and reform the said exactions nor give answer to the Kings mind therefore the said Statute did prohibit any man to be presented to the See of Rome for the dignity of an Archbishop or Bishop or that any Annates or First-fruits be paid to the Bishop of Rome and that upon the avoidance of any Archbishoprick or Bishoprick the King his heirs and successors may grant to the Prior and Covent or Dean and Chapiter of the Cathedral Churches or Monasteries where the See of such Archbishoprick or Bishoprick shall happen to be void a Licence under the Great seal as of old time hath been accustomed to proceed to Election of an Archbishop or Bishop of the See so being void with a Letter missive containing the name of the person which they shall elect and choose and for default of such Election the King by his Letters Patents may nominate an Archbishop or Bishop and that every Archbishop Bishop to whose hands any such presentment or nomination shall be directed shall with speed invest and consecrate the person nominated and presented by the King his heirs and successors And if any Archbishop or Bishop Prior and Covent Dean and Chapiter shall for the space of twenty days next after such Licence or Nomination come to their hands neglect or shall execute any Censures Excommunications Interdictions c. contrary to the execution of any thing contained in this Act that then they incur the penalty of a Praemunire An act concerning the exoneration of the Kings subjects from exactions St. 25. H. 8. cap. 21. and impositions before that time paid to the See of Rome and for having Licences and Dispensations within this Realm without suing further for the same The King shall be reputed Supreme Head of the Church of England St. 26. H. 8. cap. 1. and have authority to reform and redress all Errors Heresies and abuses in the same Every Archbishop and Bishop disposed to have a Suffragan may elect 26 H. 8. c. 14. discreet Spiritual persons being learned and of good conversation and present them under their seals to the King making humble request to his Majesty to give to one of the two such title name stile and dignity of Bishop of such of the Sees as the King shall think fit and that every such person to whom the King shall give any such stile and title of the Sees abovenamed viz. the Towns of Thetford Ipswich Colchester Dover Gilford Southampton Taunton Shaftsbury Molton Marlborough Bedford Leicester Glocester Shrewsbury Bristow Penrith Bridgwater Nottingham Grantham Hull Huntington Cambridge and the Towns of Perth and Barwick S. Germans in Cornwal and the Isle of Wight shall be called Bishop Suffragan of the same See whereunto he shall be named and that every Archbishop and Bishop for their own peculiar Diocese may and shall give to every such Bishop Suffragan such Commissions as have been accustomed for Suffragans heretofore to have or else such Commissions as by them shall be thought requisite reasonable and convenient And that no Suffragan shall use any ordinary jurisdiction or Episcopal power otherwise nor longer time then shall be limited by such Commission upon pain of the penalties mentioned in the Statute of Provisions made the 16. of Rich. 2. The King shall have authority to name Thirty two persons sixteen
suffet imprisonment for six moneths without bail or mainprize And for the second offence shall suffer a years imprisonment and be deprived of all his spiritual promotions and for the third offence shall suffer imprisonment during life It was Enacted that the Justices of Oyer and Terminer and Justices of Assize should have power and authority in the open and general Sessions to hear and determin the offences committed against this Act yet so that every Archbishop and Bishop had liberty to joyn and associate himself to the said Justices of Oyer and Terminer or to the Justices of Assize All books called Antiphoners Missals Grails Portuasses Primers in Latine An. 3. 4. Ed. 6. Cap. 10. or in English and other books used for service in the Church saving such as are set forth by the Kings Authority shall be clearly abolished All Images graven painted or carved taken out of any Church or Chappel and the aforesaid books shall be defaced or openly burnt Such form and manner of making and consecrating of Archbishops and Anno 3 4. Ed. 6. Cap. 12. Bishops Priests and Deacons and other Ministers of the Church as by six Prelates and six other men of this Realm learned in the Law of God by the King to be appointed and assigned or by most of the number of them shall be devised for that purpose and set forth under the Great Seal before the first of April next coming shall be lawfully exercised and used and none other An Act for uniformity of Prayer and administration of the Sacraments An. 5. 6. Ed. 6. Cap. 1. in the English Tongue and that every person upon every Sunday and Holiday having no lawful cause to be absent do resort to his Parish-Church and they which refuse are to be punished by the censure of the Church and that all persons who shall be at any other common prayer or Sacraments shall for the first offence suffer Imprisonment for six moneths without bail or mainprise for the second Imprisonment during a whole year and for the third Imprisonment during life All the Sundays of the year the Feast of our Lord Jesus his Circumcision of the Epiphany of the Purification of the blessed Virgin of St. Matthew An. 5. 6. Ed. 6. Cap. 2. the Apostle of the Annunciation of the blessed Virgin of St. Mark the Evangelist of St. Philip and Jacob the Apostles of the Ascension of our Lord Jesus Christ of the Nativity of St. John the Baptist of St. Peter the Apostle of St. James the Apostle of St. Barthelomew the Apostle of St. Matthew the Apostle of St. Michael the Archangel of St. Luke the Evangelist of St. Simon and Jude the Apostles of All Saints of St. Andrew the Apostle of St. Thomas the Apostle of the Nativity of our Lord of St. Stephen the Martyr of St. John the Evangelist of the holy Innocents Munday and Tuesday in Easter-week Munday and Tuesday in Whitson-week are to be observed and kept for Holy days and none other And that every even or day next going before any of the aforesaid days of the Feasts of the Nativity of our Lord of Easter of the Ascension of our Lord Pentecost of the Purification of the Annunciation of the blessed Virgin of all Saints and of all the Feasts of the Apostles other then the Feasts of St. John the Evangelist and Philip and Jacob shall be kept for fasting days and none other Archbishops Bishops in their Dioces and all other having Ecclesiastical or Spiritual Jurisdiction may enquire of every person offending in the premises and punish every offender by censures of the Church and enjoyn him such penance as by the spiritual Judge shall be thought meet This Statute does not abrogate abstinence from flesh in Lent and Fridays and Saturdays or any day appointed to be kept by vertue of an Act made the second and third Ed. 6. Cap. 19. When any Holy day happens on the Munday the fast of that day shall be kept upon the Saturday immediately before and not upon the Sunday A view of the Reformation of Ed. 6. and of the lawfulness of it That the Book of commom Prayer Administration of the Sacraments The Reformation made by Ed. 6. was not meerly a civil sanction and other rites and ceremonies of the Church after the use of the Church of England was framed and composed by the Archbishop of Canterbury and certain of the most learned and discreet Bishops of the Land assembled to that purpose by the King is clearly expressed in the Preface to the Act of the 2. 3. Ed. 6. Cap. 1. The right that Christian Kings have to call and assemble Synods It is no new thing for Kings to assemble the Bishops and Church to redress and reform errors Councels and Convocations for the redress and reformation of errors and corruptions in the Church is properly the subject of another Treatise but that the Kings and supream Powers before Christianity under the old Law from Moses to Maccabees did always use it and that the first great Nicene Councel the second general Councel at Constantinople the third at Ephesus the fourth at Calcedon the fifth at Constantinople the sixth at Constantinople the seventh at Ephesus were all called by Christian Emperors is manifested by the Bishop of Winchester Andrews in the Sermon of the Right and Power of calling Assemblies nor were the general Councels convoked by Emperors but the Emperors and Kings did convoke and assemble Provincial and National Assemblies and Synods He shews that the Bishop of Syracuse in Sicily and Restitutus Bishop of London in Britain were summoned to a Synod in France by the Emperor Constantine ' Writ onely this was in the beginning of his Reign in the latter end of it in the thirtieth year of his Reign and the year before his death he called the Councel at Tyre and from thence removed it to Jerusalem and from thence called them to appear before himself at Constantinople After him Constans called one at Sardis Valentinian at Lampsacus Theodosius at Aquileia Gratian at Thessalonica Nay when the Emperors were professed Arrians even then did the Bishops acknowledge their power to call Councels came to them being called sued to them that they might be called came to them as Hosius to that of Arimine Liberius to that of Sirmium and that of Seleucia sued for them as Liberius to Constantius as Leo to Theodosius for the second Ephesine Councel Innocentius to Arcadius and sometime they sped as Leo and sometime not as Liberius and Innocentius and yet when they sped not they held themselves quiet and never presumed to draw themselves together of their own heads After the Empire fell in pieces and the Western Empire fell into the hands of Kings in Italy Theodoric called one at Rome Alaric at Agatha In France Clowis the first Christian King there called one at Orleans Childebert at Auvern Theodebert called another at Orleans and Cherebert at Toures And
Queen Mary to be born in lawful Matrimony and all sentences Stat. An. Pri. Cap. 1. sess 2. Mariae of divorce to the contrary repealed particularly the sentence of Thomas Cranmer Archbishop of Canterbury touching the Kings marriage with Queen Katherine and the two Acts of Parliament of the 25 H. 8. 22. 28 H. 8. 7. confirming the same A Repeal of the Statute of 1 Ed. 6. 2. made against such as speak unreverently St. An. Pri. Ma. sess 2. Cap. 2. of the body and blood of Christ and of the Statute of 1 Ed. 6. 2. touching Election of Bishops and the 2 Ed. 6. 1. concerning the uniformity of service and administration of the Sacraments and of 2 Ed. 6. 21. made to take away all positive Laws ordained against the marriage of Priests and of the 3 Ed. 6. 10. made for the abolishing of divers books and Images and of the 3 Ed. 6. 12. made for the ordering of Ecclesiastical Ministers and of the 5 Ed. 6. 1. made for the uniformity of common Prayer and Administration of Sacraments and of the 5 Ed. 6. 3. made for the keeping of Holy days and Fasting days and of the 5 Ed. 6. 12. touching the Marriage of Priests and legitimation of their children All such divine service and administration of Sacraments as were most commonly used in England in the last year of H. 8. shall be used through the Realm after the 20 day of December Anno Dom. 1553. and no other kinde of service nor administration of Sacraments It is Enacted That if any person or persons of their own power and authority after the 20. of December shall willingly and of purpose by open or St. An. 1 Mariae Sess 2. Cap. 3. overt word fact c. maliciously or contemptuously neglect vex or disturb c. any Preacher or Preachers licensed allowed or authorized to Preach by the Queens Highness or by any Archbishop or Bishop of this Realm or by any other lawful Ordinary or by either of the Universities of Oxford or Cambridge or otherwise lawfully authorized by reason of his Cure or Benefice c. in any open Sermon Preaching or Collation in any Church Chappel or Churchyard c. Or if any person shall wilfully disturb c. any Parson Vicar Parish-Priest Curat or other lawful Priest saying or celebrating the Mass or other divine service sacraments or sacramentals as was commonly frequented and used in the last year of H. 8. or afterward should be allowed and set forth or authorized by the Queen Or if any person shall contemptuously unlawfully or maliciously deface spoil abuse or unreverently handle or order the most blessed comfortable and holy sacrament of the body and blood of our Lord and Saviour Jesus Christ commonly called the Sacrament of the Altar being in any Church Chappel or other decent place or the Piece or Canapy wherein the same Sacrament is or shall be or pull down deface spoil or otherwise break any Altar or Altars or any Crucifix or Cross in any Church Chappel or Churchyard That then every such offender his ayders and abettors shall be apprehended c. by the Constable or Churchwarden of the place wherein the said offences shall be committed Which persons so apprehended c with convenient speed shall be brought and carried to any Justice of Peace within the said Shire c. where the said offence shall be committed and the said Justice of Peace upon due accusation shall forthwith commit the said person or persons to safe custody as by the discretion of the said Justice shall be thought meet and within six days next after such accusation the said Justice with other Justices of Peace in the said Shire City c. shall diligently examine the acts and offences aforesaid And if two of the said Justices of Peace shall upon examination finde the person or persons so accused guilty of any of the said offences by two sufficient witnesses or by confession the said Justices of Peace shall commit the person or persons so accused to the Gaol of the County City Burrough c. where the said offences were committed without bail or mainprize by the space of three moneths and further to the next quarter sessions to be holden in the said shire city burrough c. next after the end of the said three months which quarter sessions the party offending upon his repentance and reconciliation shall be discharged out of prison upon sufficient security for his good behaviour for one whole year but if he or they will not repent and be reconciled then to be committed again to the said Gaol there to remain until he or they shall repent and be reconciled for their offences If any person shall receive the offendor or disturbe the arrest he shall forfeit to the Queene her Heires and Successors for every such offence the summe of five pounds If any offendor bee not taken but escape hee shall forfeit to the Queene for every such escape five pounds The Justices of Peace Justices of Assize Justices of Oyer and Terminer all Mayors Bayliffs Justices of Peace within any City Borough or Town-corporate have power and authority to enquire into heare and determine the offences and misdemeanors aforesaid and to set fines and amerciaments therefore This Act doth not take away any authority jurisdiction c. of Ecclesiasticall Lawes then in force This Statute repeales all Statutes made against the Church of Rome particularly Anno 1 2 Phil. Mar. cap. 8. the Statute of 21 H. 8. 13. made against plurality of Benefices taking of Farmes by Spirituall men and non residence The Statute of 23 H. 8. 9. That no person shall be cited out of his Diocess wherein he or she dwelleth except for certain cases Stat. 24 H. 8. 12. That Appeals in such cases as had been proved in the See of Rome should not from henceforth be had nor used but within this Realm Stat. 25 H. 8. 19. entituled The submission of the Clergy to the Kings Majesty Stat. 25 H. 8. 20. concerning restraints of Payments of Primates and First-fruits of Arch-bishopricks Bishopricks to the See of Rome Stat. 25 H. 8. 21. concerning the exoneration of the Kings Subjects from exactions and impositions before that time paid to the See of Rome and for having licences and dispensations within this Realm without suing further for the same Stat. 26 H. 8. 1. concerning the Kings being supreme head of the Church and to have Authority to reform and redresse all errors heresies and abuses in the same Stat. 26 H. 8. 14. for nomination and confirmation of Suffragans within this Realm Stat. 27 H. 8. 15. whereby the King should have power to nominate 32. persons of his Clergy and Lay Fee for making Ecclesiasticall Lawes Stat. 28 H. 8. 10. Extinguishing the Authority of the Bishop of Rome Stat. 28. H. 8. 16. For release of such as then had obtained pretenced licences and dispensations from the See of Rome Stat.
shall retain in service see or livery any person which shall forbear to goe to some usuall place of Divine service by the space of a moneth shall forfeit for every such moneth he knowing the same the summe of ten pounds This Act shall not extend to punish any person for maintaining relieving or harbouring his Father or Mother wanting without fraud any other habitation or sufficient maintenance or the ward of any person committed by authority to the custody of any by whom they shall be so relieved maintained or kept The Sheriff or other Officer upon lawfull Writ Warrant or Processe to him awarded to take or apprehend any Popish Recusant standing excommunicated for recusancy may break open the house where any such person excommunicated shal be or raise the power of the County for apprehending such person Every offence committed against this Act may be heard and determined before the Justices of the Kings Bench and Justices of Assize And all offences other than Treason shall be enquired heard and determined before the Justices of Peace in their next Generall and quarter-Quarter-sessions No attainder of Felony by this Act shall extend to forfeiture of Dower or corruption of blood The Defendant in any action commenced or brought against him by virtue of any thing in this Act may plead to the generall Issue by an Evidence that shall prove his doings or proceedings warrantable by this Law This Act nor any thing contained therein is said not to extend to take away or abridge any authority or jurisdiction of Ecclesiasticall censures No person shall be charged in any penalty by force of this Act which shall happen for the wifes offence in not receiving the Sacrament during her Marriage nor any woman shall be charged with any penalty for not receiving during Marriage In all cases where the Bishop or Justices of Peace by virtue of this Act may take of any Subject not a Nobleman this oath above mentioned The Lords of the Privie Councell or any 6 of them where of the Lord Chancellor Lord Treasurer or principle Secretary to be one have authority to require the same at any time of any Noble-man or Noble-woman being above the age of 18. years and if such Noble-man or Noble-woman other then the woman married refuse the same they shall incurre the penalty of a Premunire Where any person shall pass out of the Cinque-Ports or any member thereof to any parts beyond the seas to serve any foreign Prince State or Potentate the Lord Warden of the Cinque-Ports for the time being or any person by him appointed have power to take bond and minister this oath to such passengers If any man discover any Recusant or other person which shall entertain or Stat. Annn. 3 Jac. cap. 5. relieve any Jesuit Seminary or Popish Priest or shall discover any Mass to have been said and the persons which were present and the Priest or any that were present within three daies shall not only be freed from any penalty but shall have the third part of the forfeiture of all such summes of money goods and chattels which shall be forfeited for such offence if the forfeiture exceed not 150 l. if it doth exceed 150 l. then the discoverer to have 50 l. and the discoverer after conviction of the offendor shall have a certificate from the Judges or Justices of Peace before whom such conviction shall happen to be directed to the Sheriffe or other Officer that shall seize the goods commanding him to pay the same accordingly No Popish Recusant shall come into the house where the King or the Heir apparent shall be unlesse commanded by the King or by Warrant from the Lords of the privy Councell upon penalty of one hundred pound the one moity to the King the other to the discoverer who will sue for the same in any Court of Record where no Essoine Protection or Law Gager shall be allowed All convicted Popish Recusants dwelling in London or within five miles within three moneths after the Session of Parliament shall depart out of it and not dwell within ten miles and deliver up their names to the Lord Major if they dwell in London and if such Recusant shall dwell within ten miles of London to deliver up his name to the next Justice of Peace within fourty dayes after the Session of Parliament upon the penalty of one hundred pounds the one halfe to the King the other to him who will sue as aforesaid All Recusants which shall dwell or remain in London or within ten miles thereof shall within ten dayes after indictment or conviction depart out of the said compass and deliver up their names to the Lord Mayor In case the said Recusant shall dwell in any County within ten miles of London then within ten daies after conviction or indictment shall give up his name to the next Justice of peace the person offending shall forfeit one hundred pounds the one halfe to the King the other to the Informer as aforesaid Tradesmen Recusants who have no other habitation may continue within London and the compass of ten miles This Act repeals that branch of the 35 Eliz. cap. 2. touching licence of Recusants to remove or pass above five miles from their place of abode The King or three or more of the Privy Councell under their hands may licence a Recusant to travell out of the compass of five miles So may four Justices of Peace of the County with the privity of the Bishop of the Diocesse in writing or of the Lieutenant or any of the Deputy Lieutenants the party taking his corporall oath that he truly informes them of the cause of his journey and making no causless stayes No convict Recusant shall practise the Common Law as a Councellor Clerk Atturney or Solicitor nor shall practice the Civill Law as Advocate or Proctor nor practise Physick nor be an Apothecary nor shall be Judge Minister Clerk or Steward of any Court nor keep any Court nor shall be Register or Town-clerk or other Minister or Officer in any Court nor shall bear Office as Captain Lieutenant Corporall Sergeant Auncient-bearer or other Office in Camp Troop Band or Company of Souldiers nor bear any office in any Ship Castle or Fortresse of the Kings upon penalty of one hundred pounds to be forfeited as aforesaid No popish Recusant convict or having a Wife convict shall bear any publick office in the Common-wealth Every married woman being a Recusant convict her husband not being convict shall forfeit 2. third parts of her Joynture and Dower during her life and be made uncapable of being Executrix or Administratrix to her husband Every Popish Recusant convict shall be deemed as a person excommunicated so long as he continues not conformable and not come to Divine service and receive the Sacrament and take the oath appointed by this Parliament in the first chap. Yet such Recusant may sue for such of his Lands Tenements c. and for the profits thereof which are not
seized into the Kings hands for his Recusancy or any part thereof Every covicted Popish Recusant not married in some open Church or Chappel or otherwise then according to the Church of England by a Minister lawfully authorized shall be disabled to have any estate of Freehold by Curtesie of England And every woman being a popish Recusant convict which shall be married in other form then as aforesaid shall be disabled not only to claim any Dower or Joynture but also the Widowes Estate and Frankbanck in any customary Lands whereof her Husband died seized and likewise from having part of her husbands goods by virtue of any custome of any County City or Place And if a man be married contrary to the true intent of this Statute to a woman who hath no Lands or Tenements whereby he may become Tenant by Curtesie he shall forfeit 100 l. to be paid as aforesaid Every Popish Recusant which shall have a child born and shall not within a moneth after cause it to be baptized by a lawfull Minister according to the Lawes of the Realm in some usuall place of Baptisme or if by infirmity the child cannot be brought to such place then to be baptized by some Minister within the moneth if he beliving by the space of a moneth or if he be dead then Mother of such Child shall for every such offence forfeit one hundred pound one third part to the King the other to the Informer who will sue for it the other third part to the poor of the said Parish to be recovered in any of the Kings Courts wherein no Essoine c. shall be allowed If any Popish Recusant not being excommunicated shall be buried in any place other then the Church or Church-yard or not according to the Ecclesiasticall Lawes of the Realm That the Executors or Administrators of every such person so buried knowing the same or the party that so burieth him shall forfeit twenty pounds to be paid as aforesaid If the children of any of the Subjects within this Realm the said children not being Souldiers Mariners Merchants or their Apprentices or Factors shall be sent or goe beyond seas without licence of the King or six of the Privy Councell whereof the principall Secretary to be one under their hands and seals that very such child shall take no benefit by any gift conveyance descent devise or otherwise untill he being above the age of eighteen years take the oath mentioned in an Act made that Session intituled An Act for the better discovery and repressing Popish Recusants c. before some Justice of Peace of the County where such Parents of such Children as shall be sent did or shall inhabit In the mean time the next of kin who is no popish Recusant shall enjoy all the said Lands c. untill the person so sent shal conforme himself and take the said oath receive the Sacrament of the Lords Supper and then he who hath received any profit as aforesaid shall restore the goods or value to him who shall so conform himself He that shall so send his child beyond seas shall forfeit one hundred pounds to be recovered as aforesaid No convict popish Recusant shall present to a Benefice with Cure Prebend or grant an Advowson or collate or nominate to any Free-school or Donative whatsoever The Chancellor and Scholars of the University of Oxford when any such become void shall have the nomination presentation collation and Donation of any such Benefice Prebend or Ecclesiasticall Living School Hospitall and Donative in the Counties of Oxford Kent Middlesex Sussex Surrey Hampshire Barkshire Buckinghamshire Gloucestershire Worcestershire Staffordshire Warwickshire Wiltshire Somersetshire Devonshire Cornwall Dorcetshire Herefordshire Northamptonshire Pembrokeshire Carmarthenshire Brecknock-shire Monmothshire Cardiganshire Montgomeryshire and the City of London so long as the Patron shall remain a Recusant convict The Chancellor Scholars of the University of Cambridge shall have presentation c. to all such Benefices aforesaid being in the Counties of Essex Hertfordshire Bedfordshire Cambridgshire Huntingtonshire Suffolk Northfolk Lincolnshire Rutlandshire Leicestershire Derbishire Notinghamshire Shropshire Cheshire Lancashire Yorkshire the County of Durham Northumberland Cumberland Westmorland Radnorshire Denbyshire Flintshire Carnarvonshire Angleseyshire Merionethshire Glamorganshire so long as the Patron shall continue a Recusant convict If the Chancellor and Shollars of either University shall nominate or present Quaere who shal have the next presentation nomination to any such Benefice c. any person who hath any other Benefice with cure of souls every such nomination and presentation shall be void A convicted Recusant shall neither be Executor or Administrator nor Gaurdian in Chivalry or Socage The next of kin of the children of Recusants convict to whom the Estate cannot descend who shall usually resort to Divine Service according to the Lawes and receive the Sacrament shall have the Guard and education of the children and of the Lands and Tenements holden in Knights-service untill the full age of 21 years and of the Lands in Socage as Guardian in Socage and of Customary Lands by copy of Court Roll so long as the custome shall permit the same and in every of the said places shall yeeld an account of the profits to the Ward All Grants of Wards either of the King or any other to any Popish Recusant shall be void No person shall bring from beyond Sea print sell or buy any Popish Primers Ladies Psalters Manuels Rosaries popish Catechisms Missals Breviaries Portals Legends and lives of Saints containing superstitious matter upon penalty of fourty shillings to be forfeited as aforesaid viz. one third part to the King an other to the Informer who will sue the other to the poor of the Parish where such book shall be found Justices of peace in their Limits Mayors Bayliffs chief Officers in Corporations may search the hous of every popish Recusant convict the hous and lodging of every person whose wife is a popish Recusant convict for popish books and Relicks of Popery And if any Altar Pix Beads Pictures or such like popish Reliques or any popish books shall be found as in the opinion of such Officers shall be thought unmeet for such Recusants they shall presently be defaced and burnt if meet to be burnt All Armour Gunpowder and Munition whatsoever any popish Recusant convict hath or shall have in his own house or in the hands of others shall be taken from them by warrant of four Justices of peace at their Generall or Quarter-sessions other then such necessary weapons as the four Justices shall think meet for defence of the said Recusants in defence of their houses and the said Armour and Munition so taken shall be kept at the costs of the said Recusants in such places as the four Justices shall appoint If any such Recusant which hath such armour c. or any person who hath any such armour c. for the use of such Recusant shall refuse to declare unto the