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A66672 Statuta pacis, or, A perfect table of all the statutes (now in force) which any way concerne the office of a justice of peace cleerly also setting down the severall duties of sheriffes, head-officers of corporations, stewards in leets, constables, and other oficers, so far forth as the said statutes do in any sort concern them / faithfully collected, and alphabetically digested under apt tables by E.W.; Laws, etc. England and Wales.; Wingate, Edmund, 1596-1656. 1644 (1644) Wing W3023; ESTC R25185 131,829 308

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he shall incurre a Praemunire and for the third shall be adjudged guilty of high Treason But this offence must be prosecuted within one yeare after it is committed See 26. V. If he be a Clergy-man Beneficed upon the first conviction all his Spirituall promotions shall be void VI. If he be imprisoned for this offence committed by words onely and be not indicted for the same within six months after it is committed he shall be set at liberty VII If a Peere of the Realme happen to be guilty of this offence he shall be tried by his Peeres VIII And here for the better observance of this Law was the oath of Supremacy established in these words following I. A. B. do utterly testifie and declare in my conscience that the Queenes Highnesse is the onely supreme Governour of this Realme and of all other her Highnesse Dominions and Countries as well in all Spirituall or Ecclesiasticall things or cases as Temporall and that no forraigne Prince Person Prelate State or Potentate hath or ought to have any Jurisdiction Power Superiority Preheminence or Authority Ecclesiasticall or Spirituall within this Realme and therefore I do utterly renounce and forsake all fonaigne Jurisdictions Powers Superiorities and Authorities and do promise that from henceforth I shall beare faith and true Allegiance to the Queenes Highnesse her Heires and lawfull Successors and to my power shall assist and defend all Jurisdictions Priviledges Preheminencies and Authorities granted or belonging to the Queens Highnesse her Heires and Successors or united and annexed to the Imperiall Crowne of this Realme So help me God and by the Contents of this Book IX Stat. 5. El. 1. None shall maintaine the Jurisdiction of the Bishop or See of Rome within any of the Queenes dominions in paine to incurre a Praemunire X. Just of Ass and Justices of Pain Sess or any two of them 1. Qu. have power to heare and determine this offence and are to certifie such presentments into the Kings Bench within 40. dayes after they receive them if it shall be then Terme time if not then the first day of the Terme then next insuing in paine of 100. l. The Justices of the Kings Bench also as well upon such Certificate as also before themselves have power to heare and determine the same offence XI None compellable to take the oath of Supremacy by this Act or by that of 1. El. 1. which see in the Statutes at large shall refuse to take it accordingly in paine to incurre a Praemunire XII If any refuse to take the same Oath upon the second tender or being formerly convicted of maintaining the jurisdiction of the Bishop or See of Rome as aforesaid do commit the like offence the second time in both these cases they shall suffer as in case of high Treason But here there shall be no corruption of Bloud disheriting of any heire forfeiture of Dower or prejudice to the right of any save onely of the offender during his life XIII This Act shall be published every Qu. Sess by the Cl. of the P. and at every Leete by the Steward there and once every Terme in the open Hall of every Inne of Court and Chancery at such times and by such persons as shall be appointed by the Lord Chancellor or Keeper for the time being XIV None of or above the degree of a Baron shall be compellable to take this oath And here also a Peere offending shall be tried be his Peeres Provided that none shall be compellable to take this oath upon a second tender or be in danger by the refusall thereof to incurre the penalty of high Treason save only Clergy-men Officers of Ecclesiasticall Courts or such as shall not observe the Rites of Divine Service do deprave by words or writing the Rites and Ceremonies of the Church of England or do use to say or heare private Masse XV. It shall not be lawfull to slay one attainted in Praemunire S. after 26. XVI Stat. 13. El. 2. It shall be high Treason to obtaine oor put in ure any Bull of Absolution or reconciliation from the Bishop of Rome or to absolve or be absolved thereby XVII The comforters and maintatiners of such offenders shall incurre a Praemunire and their concealers misprision of Treason unlesse within six weeks they discover them to some of the Privy Councell or to one of the Presidents or Vice-Presidents of the Councels established in the North or Marches of Wales XVIII If any shall bring into any of the Queens Dominions any Agnus Dei Crosses Prictures Beads or any such vaine or superstitious thing or deliver or offer the same to any person to be used both the person so doing and the person so receiving the same shall incurre a Praemunire howbeit if the party unto whom tender thereof shall be made apprehend the pary tendring the same and carry him before the next Just of P. or not being able so to do within three dayes after discloseth his name and the place of his abode or resort unto the Ordinary or some Justice of P. within the same County or having received the same doth within one day after deliver it to some such Justice of peace then shall he not incurre any prejudice by reason of this Act. XIX A Just of P. shall disclose the offences aforesaid to the Privy Councell within 14. dayes after he shall have notice of them in paine to incurre a Praemunire XX. Here the triall of a Nobleman shall be by Peeres See after 26. XXI Stat. 23. El. 1. It shall be high Treason to have or pretend to have power or to put in practise to absolve perswade or withdraw any within the Queenes dominions from their naturall obedience to her majesty or to withdraw them for that intent from the Religion now established to the Romish Religion And them also which shall be willingly so withdrawne or reconciled as aforesaid and ther procurers and counsellors thereunto shall be adjudged guilty of the same offence XXII If any having notice of the said offences do not discover them within 20. dayes to some Just of P. or other such Officer he shall be adjudge guilty of misprision of Treason XXIII None shall say or sing Masse in paine to forfeit 200. marks to suffer one yeares imprisonment and not to be enlarged thence till that fine be paid And none shall heare Masse in paine of onw whole yeares imprisonment and 100. marks XXIV Every person not repairing to Church according to the Stat. of 1. El. 2. which see in Sacraments 24. shall forfeit 20. l. for every month they so make default and if they so forbeare by the space of twelve months after certificate thereof made by the Ordinary into the Kings Bench a Justice of Assise G. D. or Peace of the County where they dwell shall binde them with two sufficient sureties in 200 abl at least to the good behaviour from which they shall not be released untill they shall repaire to Church according to the said
Prince to invade or annoy him or his Countries or to discharge any of his subjects of their allegiance and obedience to his Majestie or to give licence or leave to any of them to beare armes raise tumult or to offer any violence or hurt to his Majesties Royall person state or government or to any of his Majesties subjects within his Majesties Dominions Also I doe sweare from my heart That notwithstanding any declaration or sentence of excommunication or deprivation made or granted or to be made or granted by the Pope or his successors or by any authority derived or pretended to be derived from him or his Sce against the said King his heires or successors or any absolution of the said subjects from their obedience I will beare faith and true allegiance to his Majestie his heires and successors and him them will defend to the uttermost of my power against all conspiracies and attempts whatsoever which shall be made against his or their persons their crowne and dignity by reason or colour of any such sentence or declaration or otherwise and will do my best endeavour to disclose and make knowne unto his Majesty his heires and successors all treasons and traiterous conspiracies which I shall know or heare of to be against him or any of them And I doe further sweare That I doe from my heart abhor detest and abjure as impious and hereticall this damnable doctrine and position That Princes which be excommunicated or deprived by the Pope may be deposed or murthered by their subjects or any other whatsoever And I do beleeve and in my conscience am resolved That neither the Pope nor any person whatsoever hath power to absolve mee of this Oath or any part thereof which I acknowledge by good and full authority to be lawfully ministred unto mee and doe renounce all pardons and dispensations to the contrary And all these things I do plainly and sincerely acknowledge and swear according to these expresse words by mee spoken and according to the plain and common sense and understanding of the same words without any equivocation or mentall evasion or secret reservation whatsoever And I do make this recognition and acknowledgement heartily willingly and truly upon the true faith of a Christian So help mee God LXXXIX Unto this Oath the party taking it shall subscribe his name or mark XC No indictment against a Recusant shall be reversed for lack of form other then by direct Traverse to the point of not coming to Church or not receiving the Sacrament as aforesaid XCI The party conforming himself shall from thenceforth be admitted to discharge or reverse an indictment XCII None shall go out of this Realm to serve any forrein Prince or State without first taking the Oath aforesaid in pain to be adjudged a felon And if hee hath born office amongst souldiers before his departure out of the Realme hee shall enter into bond unto the Kings use with the condition following upon the like pain of being adjudged a felon XCIII The condition is this That if the within bounden c. shall not at any time then after be reconciled to the Pope or See of Rome nor shall enter into nor consent unto any practice plot or conspiracie whatsoever against the Kings Majestie his heires and successors or any his or their estate and estates Realms or Dominions but shall within convenient time after knowledge thereof had reveale and disclose to the Kings Majesty his heires and successors or some of the Lords of his or their honourable privie Councell all such practices plots and conspiracies That then the said Obligation to be void XCIV None but the Customer and Controller of a Port or their Deputies shall have power to take such bond or to minister the Oath in such case for which bond they shall only take 6. d. and nothing for the Oath And shall once every yeer certifie into the Exchequer every such bond in paine of 5. l. and every such Oath in pain of 20. s. XCV To absolve or withdraw any of the Kings subjects from their naturall obedience to his Majesty to reconcile them to the Pope or See of Rome or to move them to promise obedience to any pretended authority of the See of Rome or to any other Prince or State Or to be absolved withdrawn reconciled or to make promise as aforesaid shall be adjudged high Treason XCVI This last clause shall not extend to any reconciled as aforesaid for and touching the point of so beingreconciled only that shall returne into this Realme and within six dayes after before the Bishop of the Diocesse or two Justices of P. jointly or severally of the County where hee shall arrive submit himselfe to the King and his lawes and take the Oath of Supremacie and also the Oath abovesaid which said Oathes the said Bishop and Justices respectively shall by this Act have power to minister to such persons and shall certifie them in at the next generall Sess in pain of 40. li. XCVII Here the tryall of Treason shall be before Justices of Ass and G. D. of that County for the time being and may also be before the Justices of the Kings Bench But Peers in this case shall be tryed by their Peers XCVIII If any person repaireth not every Sunday to some Church or Chappel proof thereof being made to a Justice of P. by the parties owne confession or the evidence of one witnesse the same Justice hath power to call the party before him and if the party give not the Justice a good reason of his absence the Justice may give warrant to the Church-warden of the parish under his hand and seale to levie xii d. for every such default by distresse and sale of goods and in default of distresse the Justice may commit the offender to prison untill he pay the forfeiture aforesaid which shall be imployed ployed for the use of the poore But this offence must be prosecuted within one moneth after it is committed and none punished by this Law shall also be punished by the forfeiture of 12. d. upon the Statute of 1. El. 2. which see in Sacraments 24. XCIX None shall keep or retaine any person in their house servant or other which shall forbeare to come to Church by the space of a month together in paine to forfeit 10. l. for every month they so keep them Howbeit Children may relieve their Father or Mother and Guardians their Wards or Pupils C. The Sheriffe upon a lawfull Writ may justifie to breake a house for the taking of a Recusant Excommunicate CI. The Justices of the Kings Bench and Justices of Ass and G. D. may heare and determine all the offences committed against this Act and so may Justices of P. all save Treason CII The offences made felony by this Act shall not cause losse of Dower corruption of blood or disherison of heire CIII Here if an action shall be brought against an Officer for the execution of this Act