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A39466 An exact abridgment of all statutes in force and use from the beginning of Magna Carta until 1641 / by Edm. Wingate of Grayes-Inne, Esq. ; with a continuation, under their proper titles, of all acts in force and use, untill the year 1666, and alphabetically digested under apt titles ; whereto is annexed four tables directing to the several matters and clauses throughout the said statutes.; Laws, etc. England and Wales.; Wingate, Edmund, 1596-1656.; Manby, Thomas, of Lincolns-Inn. 1666 (1666) Wing E906; ESTC R33346 579,794 810

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Nottingham Grantham Hull Huntington Cambridge Pereth Barwick St. German's in Cornwall and the Isle of Wight shall be Sees of Bishops Suffragans and the Bishops of such Sees shall be called Suffragans of this Realm V. The Bishop shall by Petition present to the King two persons to be his Suffragans whereof the King shall allow one who shall thereupon be called Bishops-Suffragan of that See and shall by the King's Letters Patents be presented to the Arch-bishop of the respective Province to be consecrated to the dignity of that Office which the Arch-bishop shall doe within three moneths after the receit of such Letters Patents VI. The Suffragan shall not exercise any greater authority nor make any other benefit then what is limited unto him by Commission from the Bishop of the Diocess in pain to incurr a Praemunire VII The Suffragan himself or the Bishop that presents him to the King shall at their own costs provide two Bishops or Suffragans to consecrate the Suffragan with the Arch-bishop VIII The Suffragan's residence over the Diocess shall be sufficient for his benefice and a Suffragan may have two benefices with Cure IX Stat. 1 E. 6.2 The Writ of Conge d'elire ousted and none but the King by his Letters Patents shall collate to an Archbishoprick or Bishoprick X. An Arch-bishop Bishop or Suffragan collated by the King shall pay all usual Fees XI All Process Ecclesiasticall shall be in the King's name but the Teste in the name of the person having Ecclesiastical Jurisdiction and when they issue from the Commissary Official or other Substitute he shall subscribe his name after the Teste XII The seal of Office belonging to any such person shall have the King's Arms engraven upon it with Characters under them to notifie the Diocess and he shall not use any other Seal in pain of imprisonment during the King's pleasure XIII Provided that no more or other Fees be taken for such Seal then as before and that the Arch-bishop of Canterbury may use his own seal and name for Faculties and Dispensations according to the Statute of 25 H. 8.21 and also that Arch-bishops and Bishops may make and order their Substitutes and may also issue Commissions of Suffragans Certificates to the Court of Tenths Colations Presentations Gifts Institutions Inductions Letters of Order or Dimissories under their own names and Seals as in times past XIV Certificates into a Court of Record shall be in the King's name under the Bishop's Seal engraven with the King's Arms as aforesaid Teste the Bishop XV. But note that this Statute was repealed by 1 M. 2. and that Act of M. is afterwards repealed by 1 Jac. 25. Yet quaere whether this Statute of 1 E 6.2 be now in force XVI Stat. 3. E. 6.1 The form of consecrating Bishops and Priests is established being comprised in a book compiled by six Prelates and six other appointed by the King which Statute see in Service and Sacraments But note that this Act was also repealed by 1 M. 2. as the other next before XVII Stat. 1 and 2 P. M. 8. All Bishops are confirmed Which see in Rome XVIII Stat. 8 Eliz. 1. The Statute of 1 El. 1. touching the book of Common Prayer and Administration of the Sacrament is confirmed XIX The Statute of 5 and 6 E. 6.1 touching the form of consecrating Arch-bishops and Bishops and the making of Priests Deacons and Ministers and all acts done concerning the consecrating of Bishops by force of the Queen's Commission are also confirmed XX. Provided that no person shall be impeached by any Certificate of any Bishop heretofore made touching the oath of Supremacy made 1 El. 1. XXI What Leases made by Bishops be good See Title Leases num 9. XXII Stat. 39. El. 8. Deprivations of Bishops and Deans in the beginning of the Queen's Reign shall be good and such as have been made since the Queen's time shall be lawful XXIII Stat. 1 Jac. 3. All assurances of Bishops lands to the King shall be void See Title Courts and Jurisdictions Ecclesiastical Books and Images I. Stat. 25 H. 8.15 None shall buy Books to sell again which are brought from beyond Sea ready bound in pain to forfeit for every book 6 s. 8 d. II. None shall buy of a stranger that is no Denizon any printed books brought from beyond Sea except in gross upon the like pain III. The forfeitures shall be levied of the buiers and divided betwixt the King and the prosecutor IV. The prices of books increased to unmeasurable rates shall be qualified by the Chancellor Treasurer and two chief Justices or any two of them ☞ V. Stat. 3 and 4 E. 6.10 Popish books are abolished and Images taken out of or yet remaining in Churches shall be destroyed But Quaere whether this Statute be in force because repealed by 1 M. 2. For albeit 1 M. afterwards be repealed by 1 Jac. 25. yet because the Statute of E. 6. was once repealed and not since revived by special words it may be doubted whether it be now in force VI. Stat. 14 Car. 2. ca. 33. An Act for preventing the abuses in printing seditious treasonable and unlicensed Books and Pamphlets and for regulating Printing and Printing-presses the said Act to continue for 2 years from the 10th of June 1662. and no longer VII Stat. 16 Car. 2. ca. 6. The Act for preventing the abuses in printing seditious and unlicenced books and pamphlets c. continued until the end of the next Session of Parliament VIII Stat. 16 and 17 Car. 2. ca. 7. continued until the end of the next Session of Parliament Bows and Bowstaves I. Stat. 12 E. 4.2 Four Bowstaves shall be brought into this Realm for every Tun of Merchandice brought in by any Merchant stranger from any place from whence Bowstaves have been formerly brought in pain of 6 s. 8 d. for every Bowstave whereof default is so made II. Search and survey shall be made of such Bowstaves by the head-Officer where the Ship c. lands who shall have power to appoint officers for that purpose III. Stat. 1 R. 3.11 Ten Bowstaves shall be brought into this Kingdom for every Butt of Malmsey or Tyre in pain of 13 s. 4 d. for every Tunn IV. Bowstaves shall not be sold ungarbled but to a Subject born ☞ V. Stat. 8 Eliz. 10. A Bowyer dwelling in London or the suburbs shall have always ready 50 Bows of Elm Witch-hasel or Ash well made and wrought in pain of 10 s. for every Bow failing of that number to be divided betwixt the King and the prosecutor who must be an Armourer Fletcher or Bow-string-maker VI. No Bowyer shall sell a Bow of outlandish Elm of the best sort for above 6 s. 8 d. of the second sort above 3 s. 4 d. and of the worst sort above 2 s. nor one made of English Elm above 2 s. in pain to forfeit for every Bow otherwise sold 40 s. to be divided betwixt the King and any of the aforesaid
Age Pag. 10 Aide of the King Pag. 10 Aide to marry the daughter and to make the Son a Knight Reasonable Aide Ayel Besayel Cosinage Cosinage Damages 3 c. Alehouses Customs 6 11. Ale and Beer Alehouses Alienation without licence Pag. 14 Tenure 7. Aliens Pag. 14 Ability 2 3 4 5. Crown 147. Customs 9.12.14.17.20 Drapery 42.69 English-men Gauging 14. Hats and Caps 9. Informers 9 10. Ireland 10. Merchants Money 34. Proviso 4.5 Staple Tythes 3. Victuals 6. Wines 8. Allegiance Crown 108. Amendments Pag. 18 Amerciaments Pag. 19 Ampthil Honours Anniversary Fast Pag. 19 Anniversary thanksgiving Pag. 20 Annates First-Fruits Apothecaries Physitians 26. Apparance Pag. 20 Essoyn 12. Appeals Pag. 20 Clergy 8. Demurrers 2. Essoyn 8.15 Triall 13. Appeals to Rome Pag. 21 Apprentice Pag. 21 Aliens 6.19 c. Cordwainers 26. Corporation 3 4. Drapery 168.195 Hats and Caps 1.5.8 Labourers Norwich 5 Passage 15 c. Poor people 21 Ships 25.59 Worsteds Appropriations Pag. 22 Approvements Pag. 23 Approvers Pardon 11. Archery Playes Armour Arms Pag. 24 Crown 145 Musters Treason 5. Wales 9. Arrests Pag. 25 Arrow-heads Pag. 26 Artificers Aliens 2. c. 19. c. Cordwainers 11.30.39.40.59.60.67 Labourers Merchants 63 Wares Assault and Fray Pag. 27 Assises Pag. 27 Conusance Essoyn 4 12. Justice of Assise Nisi prius Assize of Bread and Drink Weights Assize of Darrein presentment Dayes in Bank Assurance Office Merchants 77 c. Attaint Pag. 30 Age 3. Dayes in Bank 14.22 Essoin 4. Limitation 9. Attorney Pag. 35 Apparence 4 Attaint 47 Jeofail 3. Trespass 4. Attornment Error 8 Auditors Account Receivers Augmentations Courts Aulnage Aulnagers Account 5 Drap●ry 3.5.8 9.11 c. 140 141 202 c. 290. Estreats 6. Wales 144 145. Avowry Pag. 37 Badgers Corn. Universities Bail Felony 23 Mainprize Bayliffs of Mannors c. Account Eschequer Franchises Indictments Bayliffs of Cities Franchises and Towns Corporations Franchises Towns Sheriffs B. BAkers Aliens 32 Clerk of the Market Weights Ballast Havens 7. Banks Pag. 37 Bankrupt Pag. 38 Barbers Physitians 26. Bargains and Sales Inrollments Uses Bark Cordwainers 36 37. Barking of Trees Burning of Carts c. Barons County 2 Crown 12.126 Forrests 11 18. Barons of the Eschequer Account 3. Attorney ● Commission Damages 5. Drapery 21 43. Error Eschequer Escheators 1. Executors 9. Justice 4. Sheriffs 4 7 68. Staple 27. Barwick Pag. 42 B●tchers 3 Bastardy and Bastards Pag. 42 Ability 4 Barne Vagabonds 8. Battail Grand Assise Pag. 43 Dower 5 Beau-pleader Pag. 43 Beer Clapbord Coopers Beggers Vagabonds Bel-mettle Brass Benevolences Taxes Bigamie Clergy 2 5 27. Matrimony 6 Bisextus Dayes in Bank Benevolence Pag. 44 Bishops Bishopricks Pag. 44 Ability 4. Appeals to Rome Appropriations Crown 44 c. 57. Debt to the King 12 First-fruits 12 c. Le●se 9 Rome Vacations of Bishopricks Blackmail Felony 19. Blackney Fish 14 15. Boats and Boatmen Passage Books and Images Pag. 46 Crown 143 Bows Bow-staves Pag. 47 Playes Brass Pewter Copper Bel-mettle c. Pag. 47 Bread Ale and Beer Clerk of the Market Weights Breakers of Leagues and Truces Pag. 50 Brewers Al●-houses 9. Aliens 32 Coopers Gauging 12 Weights Bridges Pag. 51 Borderers England and Scotland Brokers Pag. 52 Buckstales Forrests Hunting Parks Buggery Felony 11. Bullion Plate Jewel● Gold Money Bulls from Rome Dispensations Burford Bridges 1. Burglary Forfeiture 10. Buriall Crown 138. Burning of Carts and Wood Pag. 53 Felony 19 Burport Cables 1. Butchers Pag. 53 Calves 2. Cordwainers 25. Victuall Weights Butler of the King Pag. 53 Butter and Chéese Pag. 54 Corn. Buts Playes Buying and selling Corn. Buying of Titles Actions popular 10 Champerty Informers 8 Buxton Vagabonds 8. C. CAbles Halsors and Ropes Pag. 55 Calves Pag. 56 Cordwainers 24. Cambridg and Cambridgshire Pag. 56 Aliens 14. 27. 34. Butchers 3. Crown 140. Caps Hats Captains Souldiers Pag. 56 Musters 55 Captives Pag. 68 Cardiff Bridges 10 Cask Clapbord Carlile Butchers 3. Carlion Bridges 12 Castles Fortresses c. Pag. 68 Cattle Forestallers Horses Certificate Ability 4. Bishops 14 Butler of the King 2. Captains 28 c. Commission 5 Crown 19. Certificate of the Cause of Attainder c. Pag. 68 Certiorari Corpus cum causa Cessavit Pag. 69 Contra formam collationis Challenge Pag. 69 Champerty Pag. 6 Actions popular 7.10 Informers 8. Maintenance Nisi prius 9 Chancellor Aliens 1.14 Bankrupts 1 3 10 Books 4 Butter 1 Chancery Corporation 1. Custos Rotulorum Error Escheators 1 Execution of Statutes Executors 9 Exigent 1 2 First-fruits Fish 13 Hospitals 6. Infections Justice 5 Merchants Mortmain Parliament 35 c. Sewers Sheriffs 7 Staple 32 c. Treason 1 Triall 8 Vacations of Bishopricks Vagabonds 13 Wales 93 140 Wards 36 48 51 84 86 Wines Woolls 6 Women 8 Chancery Pag. 70 Accusation 10 11 Pardon Chaplains Residence Chases Forests Chanteries Monasteries Cheese Butter Chelsey Pag. 71 Chepstow Brides 15 Ships 52 Chester and Cheshire Pag. 72 Certificate of the c. 5 Corn 8 Courts 32 Eschequer Exigent 11 c. Fines 32 Wales 152 Chichester County 5. Paving 9 Chimage Forests 14 Churches Fighting Church-service Crown 44 c. Service and Sacraments Church-wardens Alehouses Captains 22 c. Clerk of the Market 6 Crown 100 150 Church-yards Pag. 73 Mortmain 16 Cinque-Ports Five Ports Cirographer Pag. 73 Error 2 Fees 2 Citation Pag. 73 Clapbord Pag. 74 Malt 13 Clergy Pag. 74 Conjuration Fairs and Markets 21 Clerk of Assize Certificate of the cause of Attainder Justices of Assize Clerk of the Chancery Pag. 78 Addition 4. Clerks of the Crown Pag. 78 Certificate of the cause of Attainder Clerk of the Estreats Estr●ats Sheriffs Clerk of the Market Pag. 78 Franchises 23. 6. Weights Clerk of the Peace Certificate of the cause of Attainder Corn 3. Custos Rotulorum 3. Inrolements Paving 4. Clerk of the Recognisances Fraudulent Conveyances 9 c. Recognisance Clerks of the privy Signet and privy Seal Pag. 79 Clerk of the Sewers Sewers Clerk attaint Certificate of the c. Clerk convict Clergy Client Attorney Clothes and Clothing Drop●y Coaches Pag. 80 Coachmakers Cordwainers 46 Coal Pag. 81 Fuel Wood 17 c. Coin Money Collectors Pag. 82 Colledges Chelsey Election Patents 18 Collusion Admeasurement of Dower Advowson 12 Conusance Common Approvements Assizes 6. 12. Horse● Common Place Attaint 47. Common Pleas. Pag. 83 Adjornment Constable and Marshall Commissions and Commissioners Pag. 82 Discontinuance of Process 3. 5. Escheators 21 c. First-fruits Hospitals 16 c. Sewers Common Prayer See Religion Concealments Limitation 11. Conditions Pag. 83 Patents 27 Confirmation Pag. 83 Cony-skins Merchants 84 c. Conjuration Pag. 84 Consecration of Bishops c. Bishops 16 c. Conspiracies Pag. 85 Nifi prius 9. Victual 16 Constables of Hundreds and Towns Ale-houses Banks 5. Bridges 4. Captains 22. c. Crown 78. 150. Drapery 48. 29. 230 Feasants 22. High-wayes Holy-dayes Horses 14 Malt. Merchants 4. Plague Purveyors Swearing Vagaboads Constable and Marshal Pag. 85 Appeals 9. Exchequer 12
Attaint 23 H. 8.3 Page 33 34 35 Attorney who may make one Merton c. 10. 20 H. 3. West 2. c. 10. 13 E. 1. 7 H. 4.13 Page 35 36 Who may be an Attorney and his duty 4 H. 4.18 3 Jac. 7. and fees 32 H. 8.30 Page 36 37 Avowry what where and by whom to be made 21 H. 8.19 Page 37 Attainder and cause of it c. Certificate thereof by whom to be made 34 H. 8.14 Page 68 69 Appear who may be cited to appear out of his Diocess and who may not 23 H. 8.9 Page 73 74 Assizes where in assizes names are inserted by collusion to exclude from conusance the Assises shall abate 9 H. 4.5 8 H. 6.26 Page 86 Ayel and Besayel what West 2.26 13 E. 3. Page 98 Allegianee The Oath of allegiance by whom and to whom to be administred 3 Jac. 4. 7 Jac. 6. pag. 121 ad 126 129 130 131 Action against a Justice of Peace c. where it must be brought and what costs shall be recovered in the same 7 Jac. 5. 21 Jac. 12. Page 205 Assurance fraudulent assurances of Lands and Goods where void 50 E. 3.6 13 El. 5. Page 258 259 Annoyance who is guilty of annoyance how he shall be punished and by whom 12 R. 2.13 Page 294 Abbots how Trespasses done to them shall be answered for Marl. 28. 52 H. 3. Page 372 Amie Prochein amie what he may do in behalf of an heir West 1.47 West 2.15 Page 445 Aid reasonable aid to make the Kings eldest son a Knight c. whence raised and of what value West 1. 35 E. 1. 25 E. 3. Stat. 5.11 Page 459 Arms Sergeant at Arms how many there shall be and their duty 13 R. 2.6 Page 496 Ashes white ashes may not be exported and if they be the penalty thereof 2. 3 E. 6.26 Page 638 Abate where and in what case a Writ shall abate West 2.24 13 E. 1. Pars inde West 2.49 6 R. 2. Stat. 1 2. Page 664 B. BAnks who shall be distrained to make them Mag. Chart. 9 H. 3.15 and who defend them ibid. 14. pag. 37 Banks of the Sea who are to be charged towards their repair and how who to order and survey the same 27 El. 24. Page 37 38 Bankrupt who how to be ordered and by whom 34 H. 8.4 13 El. 7. 1 Jac. 15. 21 Jac. 19. 14 Car. 2. Page 38 39 41 42 Berwick the Liberties and priviledges thereof 22 E. 4.8 1 Jac. 28. Page 42 Bastard who is a Bastard Merton c. 9. 20 H. 3. ib. Who shall certifie Bastardy and when 9 H. 9.11 Page 43 Mother of a Bastard child how punishable and by whom 18 E. 3. ibid. Beaupleader no Fines for fair pleading Merton cap. 11. 52 H. 3. West 1. c. 8. 3 E. 1. 1 E. 3.8 ibid. Benevolence granted to the King 13 Car. 2. cap. 4. pag. 44 Bishop Temporalties of a Bishop not to be seised by the King 1 E. 3. Stat. 2. c. 2. 14 E. 3. Stat. 3. Pro Clero c. 3. 25 E. 3. Stat. 3. Pro Clero c. 6. Page 44 Bishops Suffragans where placed by whom made their power 26 H. 8.14 Page 44 45 Bishops by whom to be made the form of their consecration c. 1 E. 6.2 3 E. 6.1 1 2 P. M. 8. 8 El. 1. 5 6 E. 6.1 Page 45 46 Books who may buy and sell them and in what manner and who may qualifie their prices 25 H. 8.15 ibid. Bowstaves how and by whom to be brought into this Realm 12 E. 4.2 1 R. 3.11 13 El. 14. Page 47 Bowyer his Trade and the prices of Bows 8 El. ibid. Brass who may change it where and when who work it 19 H. 7.6 who buy and sell it 25 H. 8.9 Page 47 48 None may export it and if they do the penalties for the same 33 H. 8.7 2 3 Ed. 6.37 Page 48 49 Bridges Burford Bridge when made 8 H. 6.28 Page 51 Who are to inquire of the annoyances of Bridges c. and their power therein 22 H. 8.5 ibid. Severall Statutes for the building and repairing divers Bridges 18 El. 17.20 23 Eliz. 11. 27 El. 25. 39 El. 23 24. 43 El. 16. 3 Jac. 23 24. 1 H. 8.9 14 Car. 2. cap. 6. Page 51 52 Brokers their duty what makes a good sale to them 1 Jac. 11. Page 52 Burning burning Carts or wood the punishment 37 H. 8.6 Page 53 Barking of trees the punishment 37 H. 8.6 ibid. Butcher his duty and for neglect his punishment 31 E. 1.7 4 H. 7.3 15 Car. 2. cap. 8. ibid. Butter and Cheese by whose order it may be exported 3 H. 6.4 18 H. 6.3 Page 54 Who may buy it to sell again 3 4 Ed. 6.21 21 Jac. 22. ibid. Butter the packing thereof contents of the Kilderkin and marks thereof and punishment for false packing c. 14 Car. 2. cap. 26. Page 54 55 Boots shooes c. not to be transported 5 H. 6.15 Page 88 Barrels c. their content and measure 23 H. 8.4 Page 100 101 Brewer to sell his Beer and Ale as shall be thought fit by Magistrates 23 H. 8.4 ibid. Books Popish may not be sold or brought into England 3 Jac. 5. Page 128 Bayliwicks may not be farmed at over-great sums Art super Cartas 14. 28 E. 1. Page 289 Bribe none shall take money for the report of a cause referred to them by the Judges 1 Jac. 10. Page 307 Bail and Mainprize Who shall be let to bail and who not and who shall take the bail Marlb 52 H. 3.27 West 1.15 3 H. 7.3 1.2 P. M. 13. 2.3 P. M. 10. Page 338 339 340 C. CHildren when and whose inheritable 25 Ed. 3. Stat. 2. 42 E. 3.10 Page 1 Chancellor where the Lord Chancellor may award damages 17 R. 2.6 Page 5 Common Bench how to be removed 2 E. 3.11 Page 7 Court Common-Pleas Court not to be removed without adjournment 2 E. 3.11 ibid. Common of pasture who shall have it and who approve it Merton c. 4. 20 H. 3. West 2. c. 46. 13 E. 1. 3 E. 6.3 43 El. 11. Page 23 24 Cutting of Dams heads of Ponds Conduits Pipes Tongues and Ears the punishment thereof 37 H. 8.6 Page 53 Cables where by whom and of what to be made 21 H. 8.12 35 El. 8. Page 55 Cables Halsers and Ropes where how and of what to be made 21 H. 8.12 35 El. 8. ibid. Cattel who may buy them and where 3 4 E. 6.19 Page 56 Cambridg when paved 35 H. 8.15 Knights of Parliament there how payed 34 35 H. 8.24 ibid. Captain may not detain his Souldiers pay 18 H. 6.18 7 H. 7.1 Page 56 57 ad 68 Captives to be relieved and how 16 17 Car. 1.24 Page 68 Castle Constable of a Castle his duty Magna Charta 19 20. West 1.7 3 E. 1. ibid. Cessavit what by whom maintainable and against whom Gloucest c. 4. 6 E. 1. West 2. c. 21. 13 E. 1. Page 69 Challenge where good
pain to incurr a Praemunire Vide infrá CXXVII The Warden of the Cinque-ports or some authorized by him shall take the bond and minister the Oath aforesaid where any person passeth beyond Sea out of them or any of their members CXXVIII Stat. 3 Jac. 5. The person that within three days notice shall discover to a Justice of Peace any that entertains a Popish Priest or any which have heard or said Mass shall have a third part of the forfeiture due for the same offences if the whole exceed not 150 l. and then onely 50 l. thereof to be delivered unto him by the Sheriff or other Officer which shall have power to levy the same CXXIX No convicted Recusant shall come into the Court without command from the King or warrant from the Privy Council under their hands in pain of 100 l. to be divided betwixt the King and the discoverer CXXX A Popish Recusant convicted or indicted or any person not coming to Church by the space of three moneths together which remains in London or within 10 miles distance thereof shall within ten daies after such conviction or indictment depart from thence and also shall deliver their names in London to the Lord Mayor there and in the County to the next Justice of Peace in pain of 100 l. to be divided betwixt the King and the prosecutor Howbeit this clause shall not extend to Trades-men or such as have no other habitation then in London or within 10 miles distance as aforesaid CXXXI It shall be lawful for a Recusant to go about his necessary occasions as far as a licence obtained from the King or from three of the Privy Council under their hands or four of the next Justices of Peace under their hands and seals with the assent in writing of the Bishop Lievtenant or Deputy-Lievtenant of the same County shall give him leave notwithstanding the Stat. of 35 El. 2. which licence shall not be granted by the said Justices till the party hath made oath of the true reason of his journey and that he will make no causless stays CXXXII No convicted Recusant shall practise the Common Law Civil Law Physick or Art of Apothecary or be an officer of or in any Court or bear any office amongst Souldiers or in a Ship Castle or Fortress in pain of 100 l. to be divided betwixt the King and the prosecutor CXXXIII No Popish Recusant convict or whose wife is a Popish Recusant convict shall exercise any publick office in the Commonwealth 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 at such times as by the Law are limited CXXXIV 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 husband's death shall forfeit two third parts of her Dower or Joynture and shall be incapable of being Executrix or Administratrix to her husband and of enjoying any part of her husband's goods CXXXV A Popish Recusant after conviction shall be reputed to all intents as a person excommunicate until he shall conform go to Church receive the Sacraments and take the Oath of Obedience ordained by 3 Jac. 4. Howbeit he may sue for his interest in lands not seized into the King's hands CXXXVI A Popish Recusant convict which is married otherwise then in open Church and by a lawful Minister according to the Orders of the Church of England shall not be tenant by the Courtesie and a woman also in this case shall be disabled to enjoy her Dower Joynture Widow's estate or any of her husband's goods And where a man cannot be tenant by the Courtesie he shall forfeit 100 l. to be divided betwixt the King and the prosecutor CXXXVII Every Popish Recusant shall within one moneth after the birth of his child cause it to be baptized by a lawful Minister in pain to forfeit 100 l. if he out-live the moneth if not then his wife is to pay the same forfeiture which shall be divided into three parts whereof the King shall have one the prosecutor another and the poor of the Parish the third CXXXVIII Every Popish Recusant shall be buried in the Church or Church-yard and according to the Ecclesiastical laws of this Realm in pain that his Executor Administrator or the party that caused him to be otherwise buried shall forfeit 20 l. to be divided into three parts and dispersed as aforesaid CXXXIX A child being no Souldier Mariner Merchant or Apprentice or Factor to a Merchant shall not be sent or go beyond Sea without license of the King or six of the Privy Council whereof the principal Secretary shall be one in pain to be thereby incapable to enjoy any lands or goods by descent or grant untill being eighteen years of age or above he take the said Oath of Obedience before some Justice of Peace of the County where his parents do or did dwell And in the mean time the next of his kin being no Popish Recusant shall enjoy the lands and goods but shall be accountable to the other in case he after conform himself as aforesaid And he that so goes out of the Kingdom without license shall forfeit 100 l. to be divided and imployed as aforesaid CXL A Popish Recusant convict shall be disabled to present to a Benefice but in stead of him the Chancellor and Scholars of the Universities of Oxford and Cambridge shall present within several Counties respectively For which see the Statute at large Howbeit they shall not conferr it upon a man already beneficed CXLI A Popish Recusant convict shall not be an Executor Administrator or Guardian but the next of kin being no Recusant and unto whom the land cannot lawfully descend shall have the wardship and tuition of an Heir or orphan in that case CXLII A grant of the King's ward to a Popish Recusant convict shall be void CXLIII None shall bring from beyond Sea print sell or buy any Popish Primers Ladie 's Psalters Manuals Rosaries Popish Catechisms Missals Breviaries Portals Legends or Lives of Saints in what Language soever they shall be printed or written nor any other superstitious Books printed or written in the English tongue in pain to forfeit 40 s. for every such Book to be divided into three parts and imployed as aforesaid CXLIV Two Justices of Peace and all Mayors Bailiffs 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 for Popish books and reliques and to burn and deface such as they shall find in their custody but such as are of value shall be defaced in open Sess and afterward restored to the owner CXLV All the Armour Gunpowder and Munition of a Popish Recusant convict shall be taken from him by warrant from four Justices of Peace at the General Sess other
money shall be collected half-yearly within 6 days after the same shall grow due and acquittances shall be given by the Officers collecting it which shall be good discharges for the same and distress and sale of the goods of the party in case of non-payment rendring the overplus after the duty paid and necessary charges for levying it XIII Constables and other such officers shall pay in the money collected within 20 days to the High-Constables of the several hundreds and limits and shall have 2 d. in the pound for collecting the same and shall deliver in writing to the High-Constables the names of such persons as have paid and such as have not paid the same XIV The High Constables shall pay the moneys by them received within 10 days unto the High-Sheriffs deducting one penny in the pound for their pains and deliver the several returns which they received from the Constables aforesaid and the Sheriffs shall return the moneys received and the names of the defaulters into the Exchequer deducting 4 d. in the pound 3 d. whereof to the Sheriff for his pains and 1 d. to the Clark of the Peace which the said Clerk may recover by Action of debt XV. Proviso making the Sheriffs of London and Middlesex Surrey for that Burrough of Southwark and all other Sheriffs of Cities and Towns being Counties Collectors within their limits and the Constables and other Officers to deliver duplicates to the said Sheriffs and they enabled to levy the said moneys and give acquittances without fees and within 40 days to pay the same into the Exchequer with the names of defaulters where no distress is found deducting as to other Sheriffs and Clarks of Peace and the Officers of the Exchequer shall discharge persons paying without fees and issue and process against such as fail of payment where no distress can be found XVI This Revenue shall be duely answered into the Exchequer and shall not be lyable to or charged with any gift or grant and any Non obstante to the contrary shall be void and the grantee an accomptant to the King and the Court of Exchequer injoyned to issue out process accordingly XVII If any Action be brought against any persons for execution of any thing within this Act they may plead the general issue and upon Non-suit discontinuance or verdict against the Plaintiff the Defendant shall recover treble Costs XVIII Increase and decrease of Hearths and Stoves shall in like manner be accounted and returned by duplicates in writing into the Exchequer and there discharged upon decrease without farther pleading XIX No prosecution for any arrearages of this duty unless suit be commenced within 2 years after they become due XX. Proviso that no person who by reason of poverty is exempted from usual taxes be charged with any duties in this Act. XXI Proviso for exempting from payment all houses under 20 s. value per annum upon certificate by the Minister and Overseers of the poor to the 2 next Justices of the Peace XXII Proviso That none shall accept or procure any gift pension or grant from the King of this Revenue upon penalty to forfeit double the value thereof one moiety to be to the use of the poor to be recovered by the Church-wardens of the Parish the other Moiety to him that will sue for the same XXIII Proviso not to charge Blowing houses Stamps Furnaces Kilns private ovens nor Hospitals or Almeshouses not having 100 l. per annum of endowment XXIV The occupier of the Hearth for the time being shall be charged his Executors and Administrators and not the Landlord XXV No person indebted to the King for any the said duties shall be priviledged as a debtor to sue in the Exchequer or assign to the King any such debt XXVI Stat. 12 Car. 2. ca. 23. Certain Impositions upon Beer Ale and other liquors for the increase of the King's revenue during his Life See the Statute at large XXVII The same setled upon the King his heirs and successors for ever Stat. 12 Car. 2. ca. 24. XXVIII Stat. 15 Car. 2. ca. 14. Every inhabitant occupier of any house lodging c. shall upon notice after next Mich. Sessions give a true accompt in writing under his hand to the Constable of all the Hearths and Stoves in such house c. who shall with 2 other inhabitants of the Parish in the day time enter into such house and upon his own view compare and see if the same be truly made and indorse the said Account to what he finds upon his view and return the same to the High Constable together with a book or roll fairly written with 2 Colums one containing the names of the persons and number of hearths and stoves chargeable by the said Act the other the names of the persons and number of Hearths and Stoves not chargeable which being received and compared shall within 6 days be transmitted to the 2 next Justices of the Peace who are impowred to examine the said High-Constables and other Officers concerning the truth and faithfulness of their actings in the premisses which being done the said Justices are within 10 days to transmit the same to the Clark of the Peace who within 20 days is to engross the same to be kept in the County and within 2 moneths to engross and return duplicates signed by himself and 2 Justices of the Peace into the Exchequer XXIX Penalty for omitting to return every Hearth upon the occupier 40 s. XXX Constables and Officers neglecting their duty shall forfeit 5 l. XXXI High Constables neglecting to perform their duties 10 l. XXXII Constables and Officers changing or leaving their offices for that year are notwithstanding enabled and required to perform the duties in relation to the premisses and for every day they shall neglect to gather the moneys due shall forfeit 20 s. and such as shall gather and distrain for the same may call to their assistance any 2 sufficient Inhabitants XXXIII Sheriffs may appoint Deputies under the Seal of their Offices or their own hand and seals for collecting the said duties XXXIV Provided the Lord Treasurer and Chancellor of the Exchequer may give further allowance to the Clarks of the Peace for their pains in engrossing and returning duplicates into the Exchequer XXXV Stat. 16 Car. 2. ca. 3. Reciting the said defects in the former Acts. Enacted that the King his heirs and successors may make officers for receiving and collecting the duties upon Fire-hearths and Stoves by the former Acts and for viewing and numbring the same and for inspecting and examining the several Rolls Certificates and Returns made and to be made into the Exchequer in pursuance of the said Acts or any other thing belonging to the same which Officers accompanied with the Constable or Tything-man Treasurer or under-Treasurer or other publick or proper Officers of the Place who are required to attend upon this occasion in all Parishes and places where there are no Constables Tithing-men or other publick Officer
Justices to the Churchwardens or Overseers of the poor if not paid within ten dayes V. All Deanes Canons Prebendaries Masters Fellows of Colledges c. Parsons Vicars Lecturers Schoolmasters c. enjoyned to take and subscribe the Declaration following J. A. B. do declare that it is not lawful upon any pretence whatsoever to take Arms against the King and that I do abhor that trayterous position of taking Arms by his Authority against his Person or against those that are Commissioned by him And that I will conform to the Liturgy of the Church of England as it is now by Law established And I do declare that I do hold there lies no obligation upon me or any other person from the Oath commonly called the Solemn League and Covenant to endeavour any change or alteration of Government either in Church or State And that the same was in it self an unlawful Oath and imposed upon the Subjects of this Realm against the known Laws and liberties of the Kingdom The same shall be subscribed by the Heads of Colledges c. in the Universities before the Vicechancellor or his Deputy And before the Archbishop or Ordinary of the Diocess by every other person upon pain of forfeiture and loss of their places as if dead VI. Schoolmasters or Tutors that shall teach any youth in any private house without licence from the Archbishop or Ordinary of the Diocess shall for the first offence suffer 3 months imprisonment for every second or other 3 months imprisonment and forfeit 5 l. VII Every Parson Vicar Curate and Lecturer after subscription made shall procure a Certificate under the hand and seal of the Archbishop Bishop or Ordinary of the Diocess and publickly read the same together with the said Declaration upon some Lords day within 3 months then next following in his Parish Church where he is to officiate in the presence of the Congregation there assembled in the time of Divine Service upon pain of being deprived ipso facto and his place void as if dead VIII After the 25th of March 1662. the words following part of the Declaration shall be omitted viz. And I do declare that I do hold there lies no obligation on me or any other person from the Oath commonly called the Solemn League and Covenant to endeavour any change or alteration of Government either in Church or State and that the same was in it self an unlawful Oath and imposed upon the Subjects of this Realm against the known Laws and liberties of this Kingdom and none shall thenceforth subscribe or read the same IX No person not ordained according to the form of Episcopal Ordination shall hold any Benefice with cure or Ecclesiastical promotion nor be capable of any such benefice nor administer the Sacrament not being ordained a Priest according to the form of the foresaid Book upon pain to forfeit for every offence 100 l. one moyety to the King the other moyety to the party that will sue for the same X. Provided the penalties in this Act extend not to Aliens of foreign reformed Churches allowed by the King XI Provided no title of laps accrue by any avoidance or deprivation by this Act but after 6 months after notice given by the Ordinary to the Patron or such sentence of deprivation openly read in the Parish Church becoming void by this Act. XII No other Form of Common Prayer shall be used in any Church Chappel or publick place Colledge or Hall of the Universities And all Governors and Heads of Colledges in the Universities shall within a month after admission to his place openly in the Church Chappel or publick place of the Colledge in the presence of the Fellows and Scholars of the same subscribe the 39 Articles of Religion mentioned in the Stat. 13 El. Ca. 12. and declare his approbation of the said Book of Common Prayer And all the said Governours or Heads shall read the morning Prayer according to the said Book once every quarter publickly in their Church Chappels or other publick place upon pain of suspension for 6 months from their place and if he shall not subscribe to the said Articles and Book within the said 6 months then the place to be void Provided the said Book may be used in Latine in Colledges XIII None shall preach or read as a Lecturer without Licence of the Archbishop or Bishop of the Diocess And all Lecturers shall declare their consent to the 39 Articles aforesaid and shall openly read the Common Prayers and declare their approbation thereof and shall read the same the first Lecture-day of every month and after reading declare their approbation thereof upon pain to be disabled to preach or read any Lecture until he shall conform XIV Provided it shall suffice that Lecturers in Cathedral Churches only declare their assent to the said Book XV. If any person so disabled shall preach any Lecture or Sermon the person so offending shall suffer 3 months imprisonment in the common Goal And any two Justices of the Peace and the Mayor or other chief Officer of any City or Town Corporate upon Certificate from the Ordinary of the place made to him or them of the offence committed shall commit the person offending to the Goal accordingly XVI The Common Prayer shall be read before every Sermon or Lecture and the Lecturer that shall preach shall be present at the same Provided this Clause extend not to Sermons or Lectures preached as publick University Sermons XVII The several Laws and Statutes formerly made for uniformity of Prayer and now in force shall be put in ure for punishment of offences against the Book established by this Act 1 El. Ca. 2. 23 El. Ca. 1. Proviso the names of the King and Queen be fitted in the Prayers Letanies and Collects according to the present occasion XVIII The Books of Common Prayer shall be provided by every Parish Chapelry Cathedral Church Colledge and Hall upon penalty of 3 l. a month for lack thereof for every month after St. Bartholmews day 1662. XIX Provisoe that the Bishops of Hereford St. Davids St. Asaph Bangor and Landoff do take care for translating the said Book into the Welsh Tongue for Printing and providing the same in every Parish there XX. True Copies of the said Book of Common Prayer shall be exemplified under the great Seal of England and kept in the several Courts of Westminster and Tower of London to be produced and shewed forth in Court as need shall be XXI Provided this Act be not prejudicial to the Kings Professor of Law in the University of Oxford concerning the Prebend of Shipton in the Cathedral Church of Sarum united to the said Professors place by King James XXII Proviso whereas the clause in the 36th Article mentions the Book established by K. E. 6. It shall extend to the Book of Common-prayer established by this Act. See the precedent Laws of this matter Title Crown and Title Service and Sacraments XXIII Stat. 15. Car. 2. Ca. 6. Stat.
XXI The Justices impowred to appoint a Treasurer to receive the said moneys and make payment thereof according to their orders and may agree and article with persons by them employ'd and take security of them for safe-guarding the said Counties XXII If any persons imployed in Border-Service upon this Act shall wilfully or corruptly neglect to apprehend or bring to tryall any persons called Moss-Troopers they shall be uncapable of being imployed in the said service and further fine and imprisonment as the Justices shall think fit XXIII The Justice may lessen the charge if they see cause this Act to continue 5. years The Stat. 4 Jac. cap. 1. 7 Jac. cap. 1. touching tryal of offenders flying out of England into Scotland et è contra revived and to be put in execution ☞ Rome * I. Stat. 25 H. 8.19 The Convocation shall be assembled by the Kings Writs and shall not enact any Constitutions or Ordinances without the Kings assent II. No Canons shall be executed which be repugnant to the Kings Prerogative or to the Customs Laws or Statutes of this Realm III. There shall be no appeals to Rome but from henceforth they shall be according to the Statute of 24 H. 8.12 Which see in Appeals to Rome IV. Appeals from the Courts of Archbishops of this Realm shall be to the King in his Chancery out of which shall thereupon issue out a Commission under the Great Seal to certain persons to be named by the King who shall thereby have power to hear and definitively to determine all such appeals and the causes concerning the same and from whose decree or sentence therein there shall be no farther appeal V. If any sue for an Appeal to Rome he shall incur a Praemunire but this is made Treason by 13 El. 2. which see in Crown VI. Appeals from places exempt which were before to the See of Rome shall be henceforth into the Chancery and shall be determined before the Commissioners as aforesaid VII Provided That all Canons Constitutions Ordinances and Synodals Provincial not repugnant to the Kings Prerogative nor to the Customs Laws or Statutes of this Kingdom shall be still used and executed notwithstanding this Act. * VIII Stat. 25 H. 8.20 No man shall be presented to the See of Rome for the Dignity of an Archbishop or Bishop neither shall Annates or First-fruits be paid to the same See IX Concerning the Election of Archbishops and Bishops the King may send to the Prior and Covent or Dean and Chapter of the place shall be void his Letters missive containing his conge d'eslire or license to elect the person named in the said Letters missive which person they are to choose for their Archbishop or Bishop and none other X. In case they fail to make election accordingly the King shall nominate such an Archbishop or Bishop by his Letters Patents and if it be a Bishop he shall present him to the Archbishop or in case that See be then void to any other Archbishop within his Dominion but if it be an Archbishop then to an Archbishop and two other Bishops or else to four other Bishops to be nominated by the King XI When any Archbishop or Bishop is elected or presented as aforesaid they are in due form to be invested and consecrated viz. a Bishop by the Archbishop of that Province or in case of vacation by any other within the Kings Dominions and an Archbishop by some other Archbishop ond two Bishops or else by four Bishops without suing for any Bulls Letters or other things from the See of Rome for the same And such Archbishop or Bishop betwixt his election and consecration shall be called the Lord Elect of such a Dignity XII Such election or presentment of an Archbishop or Bishop shall be lawful and make them capable to do and execute all things that concern the said Dignities XIII If the Prior and Covent or the Dean and Chapter within 20 days after the receipt of the Kings Conge d'eslire do not proceed to election and certifie the same to the King or if the Archbishop or Bishops unto whom the King presents any such person to be invested and consecrated as aforesaid do not perform the same accordingly within 20 days after such presentment or if any person or persons de admit obey or execute any Censures Excommunicotions Interdictions Inhibitions or any other Process or Act in derogation of this Act that then all and every person and persons offending shall incurre a Praemunire XIV Stat. 25 H. 8.21 No imposition shall be paid to the Bishop or See of Rome neither shall any person sue for any dispensation or license to the Bishop of Rome XV. The Archbishop of Canterbury may grant dispensations to the King and likewise licenses to all others of things formerly used to be licensed Howbeit of causes not used to be licensed no dispensations shall be granted without the approbation of the King and his Councill XVI Here Licenses of things whereof the tax did heretofore extend at Rome to 4 l. shall be also confirmed by the Kings Great Seal and likewise enrolled in Chancery by a Clerk thereto appointed but all others may be granted by the Archbishop without such confirmation unless the party desire to have it enrolled and then the Fee for the Seal shall be 5 s. and not above And all Acts done by such licenses shall be good in Law XVII All children procreated after Marriage to be had or done by such licenses or dispensation shall in all Courts be admitted Legtiimate and Inheritable XVIII There shall be a Clerk assigned by the Archbishop to register Dispensations and another by the King to enroll Confirmations XIX There shall be two Books made wherein the taxes of Dispensation shall be written whereof the one shall remain with the said Register of the Dispensations and the other with the said Clerk of the Confirmations XX. None shall pay for dispensation greater taxes then shall be set down in the said Books and if any Officer takes more he shall forfeit ten times so much to be divided betwixt the King and the prosecutor Howbeit where they are Arbitrary the Archbishop and the Lord Chancellor and Keeper shall rate them and here also is set down how the money received shall be divided For which see the Statute at large XXI This Act shall not inhibit the Archbishop of York nor other Bishops to dispence as they were wont to do by the Common Law and custome of this Realm XXII During the vacation of the See of Canterbury the Guardian of the Spiritualities shall grant Dispensations Here is also a remedy provided where the Archbishop or Guardian refuse to grant Dispensations viz. by a Commission from the King to impower two other Prelates to perform the same For which see the Statutes at large XXIII All Religious Houses heretofore exempt from the Visitation of the Archbishop shall still remain so notwithstanding this Act and shall be under the Visitation of