commence take sue and prosecute their said Appeal from the said pretenced Sentence and for the reversing of the said pretenced Sentence within this Realm in such like manner and form as was used to be pursued or might have béen pursued within this Realm at any time since the xxiv year of the Reign of the said late King Henry the Eighth upon Sentences given in the Court or Courts of any Archbishop within this Realm And that such Appeal as so hereafter shall be taken or pursued by the said Richard Chetwood and Agnes or either of them and the Sentence that herein or thereupon shall hereafter be given shall be judged to be good and effectual in the Law to all intents and purposes any Law Custom Vsage Canon Constitution or any other matter or cause to the contrary notwithstanding An Appeal between Richard Harcourt and Anthony Fydell Provided also and be it enacted by the Authority aforesaid That where there is the like Appeal now depending in the said Court of Rome betweén one Richard Harcourt Merchant of the Staple and Elizabeth Harcourt otherwise called Elizabeth Robins of the one party and Anthony Fydell Merchant Stranger on the other party that the said Robert Elizabeth and Anthony and every of them shall and may for the prosecuting and trying of their said Appeal have and enjoy the like remedy benefit and advantage in like manner and form as the said Richard and Agnes or any of them hath may or ought to have and enjoy this Act or any thing therein contained to the contrary in any wise notwithstanding Stat. i Eliz. cap. ii An Act for the Vniformity of Common Prayer and Service in the Church and the Administration of the Sacraments WHere at the death of our late Soveraign Lord King Edward the Sixth Stat. Sect. 1. there remained one uniform Order of Common Service and Prayer and of the Administration of Sacraments Rites and Ceremonies in the Church of England which was set forth in one Book Intituled The Book of Common Prayer and Administration of Sacraments and other Rites and Ceremonies in the Church of England Authorized by Act of Parliament holden in the Fifth and Sixth years of our said late Sovereign Lord King Edward the Sixth Intituled An Act for the Vniformity of Common Prayer and Administration of the Sacraments the which was repealed and taken away by Act of Parliament in the First year of the Reign of our late Sovereign Lady Quéen Mary to the great decay of the due honour of God and discomfort to the Professors of the Truth of Christ's Religion Be it therefore Enacted by the Authority of this present Parliament That the said Estatute of Repeal A repeal of the Statute of 1 M. 2. And the Book of Common Prayer shall be in force and every thing therein contained only concerning the said Book and the Service Administration of the Sacraments Rites and Ceremonies contained or appointed in or by the said Book shall be void and of none effect from and after the Feast of the Nativity of Saint John Baptist next coming And that the said Book with the Order of Service and of the Administration of Sacraments Rites and Ceremonies with the alteration and additions therein added and appointed by this Estatute shall stand and be from and after the said Feast of the Nativity of Saint John Baptist in full force and effect according to the tenor and effect of this Estatute Any thing in the aforesaid Estatute of Repeal to the contrary notwithstanding Stat. Sect. 2. The Book of Common Prayer shall be used And further Be it Enacted by the Queens Highness with the assent of the Lords and Commons in this present Parliament assembled and by the Authority of the same That all and singular Ministers in any Cathedral or Parish Church or other place within this Realm of England Wales and the Marches of the same or other the Quéens Dominions shall from and after the Feast of the Nativity of Saint John Baptist next coming be bounden to say and use the Mattens Evensong Celebration of the Lords Supper and Administration of each of the Sacraments and all the Common and open Prayer The alteration of the Book set forth 5 6 Ed. 6. in such Order and Form as is mentioned in the said Book so Authorized by Parliament in the said Fifth and Sixth years of the Reign of King Edward the Sixth with one alteration or addition of certain Lessons to be used on every Sunday in the year and the Form of the Letany altered and corrected and two sentences only added in the delivery of the Sacrament to the Communicants and none other or otherwise The forfeiture of those which use any other Service then the Book of Common Prayer And that if any manner of Parson Vicar or other whatsoever Minister that ought or should sing or say Common Prayer mentioned in the said Book or Minister the Sacraments from and after the Feast of the Nativity of Saint John Baptist next coming refuse to use the said Common Prayers or to Administer the Sacraments in such Cathedral or Parish Church or other places as he should use to Minister the same in such Order and Form as they be mentioned and set forth in the said Book or shall wilfully or obstinately standing in the same use any other Rite Ceremony Order Form or Manner of celebrating the Lords Supper openly or privily or Mattens Evensong Administration of the Sacraments or other open Prayers then is mentioned and set forth in the said Book open Prayer in and throughout this Act is meant that Prayer which is for others to come unto or hear either in common Churches The Penalty for depraving the Book of Common Prayer or private Chappels or Oratories commonly called the Service of the Church or shall Preach Declare or Speak any thing in the Derogation or Depraving of the said Book or any thing therein contained or of any part thereof and shall be thereof lawfully convicted according to the Laws of this Realm by Verdict of twelve Men or by his own Confession or by the notorious Evidence of the Fact shall loose and forfeit to the Queens Highness her Heirs and Successors for his first offence the profit of all his Spiritual Benefices or Promotions coming or arising in one whole year next after his conviction And also that the person so convicted shall for the same Offence suffer Imprisonment for the space of Six months without Bail or Mainprize That ought or should sing or say Common Prayer c. What Minister is here meant Although the first part of this Clause viz. All and singular Ministers in any Cathedral or Parish Church or other place seems to intend a local Minister only and not one who is neither Parson Vicar or Stipendiary Chaplain yet the next words If any Parson Vicar or other Minister that ought to say Common Prayer or minister the Sacraments c. clearly comprehend all lawful
Ministers and Priests whatsoever For 't is held in our Law that as he is Sacerdos he ought and is bound jure divino celebrare Coenam Dominicam dictae Coenae orationes c. And if he be indicted upon this Statute with the addition of Clericus that word implies him to be a Priest or Minister within the meaning thereof Dyer 3. Eliz. 203. Note That by the Statute of 14 Car. 2. Stat. 14 Car. 2. This and all other Laws which were then in force for the Uniformity of Prayer and Administration of the Sacraments within the Realm of England are now applicable to the Book of Common Prayer Book of Common Prayer authorized by that Act of 14 Car. and are to be put in ure with relation to the said Book Wilfully or obstinately standing in the same These words wilfully or obstinately standing in the same seem to restrain the Law to such other Prayers as are used in hindrance of or opposition to the Common Prayer or after admonition or warning to the contrary Prayers in the Pulpit and therefore the Prayers used in the Pulpit before Sermon seem not to be within the meaning of this Law nor to be forbidden by it because generally tolerated by those in Authority and so not obstinately used And were those words wanting although the words of the Statute are general any other form or open Prayers yet they ought to have a particular construction according to reason and the intent of the makers of the Law viz. That no Minister shall use any other form to the hindrance of or in opposition to this For a penal Law shall not always be construed according to the words of it but according to the intent of the makers of it Plowden 18. Fogassa's Case Ib. 465 466 467. Eyston versus Studd Ibib. 109 110. Fulmerston versus Stewarde And the words of a Law may be infringed and yet the Law it self may not be infringed unless the intent be likewise Plowden 18. which intent shall never be construed to be against reason For many things are excepted out of Statutes by the Law of reason which yet are not excepted by express words Plowden 13. Fogassa's Case And 't is a general Rule to be allowed in construction of Statute Laws Quamvis Lex-generaliter loquitur restringenda tamen est ut cessante ratione ipsa cesset cum enim ratio sit anima vigorque ipsius Legis non videtur Legislator id sensisse quod ratione careat etiamsi verborum generalitas aliter suadeat Co. 4. Inst 330 331. Stat. Sect. 3. The penalty for the second Offence And if any such person once convict of any Offence concerning the premisses shall after this first conviction eftsoons offend and be thereof in form aforesaid lawfully convict that then the same person shall for his second offence suffer imprisonment by the space of one whole year and also shall therefore be deprived ipso facto of all his spiritual Promotions and that it shall be lawful to all Patrons or Donors of all and singular the same spiritual Promotions or of any of them to present or collate to the same as though the person or persons so offending were dead The penalty for the third Offence And that if any such person and persons after he shall be twice convicted in form aforesaid shall offend against any of the premisses the third time and shall be thereof in form aforesaid lawfully convicted that then the person so offending and convicted the third time shall be deprived ipso facto of all his spiritual Promotions and also shall suffer Imprisonment during his Life Where the second Indictment must mention the first conviction where not For his second Offence One is Indicted upon this Statute for administring Baptism in other form than is thereby prescribed And is convicted and afterwards he is again indicted for the like Offence By the Opinion of Clench Justice B. R. the second Indictment must mention the first Conviction or the Judgment cannot be for the second Offence viz. Imprisonment for a year and deprivation But Wray Chief Justice held That if both Indictments were before the same Justices they are to take notice of the first Conviction although it be not mentioned in the second Indictment and ought to give Judgment accordingly But if the second Indictment be taken by other Justices then without mention therein of the first Conviction they cannot give Judgment for the second Offence Leonard 1. 295. C. 403. The Benefice void without any Sentence To present or collate c. If the Offender against this Branch of the Act be judicially convicted of Record for the second or third Offence It seems that there needs not any Sentence declaratory by the Ecclesiastical Judge but his Benefices or spiritual Promotions are void ipso facto upon such Conviction For although the word void be not here as it is in the Statute of 21 H. 8. Stat. 21 H. 8. 13 13 Eliz. 12. c 13. of Pluralities And of 13 Eliz. cap. 12. about reading the 39 Articles Upon which Statutes 't is resolved that a Sentence declaratory is not necessary but that the Benefice is actually void without it Co. 4. 75. Hollands Case Co. 4. 79. Digbies Case Co. 6. 29. Greens Case yet the words here that the Patron may present or collate as if the person so offending were dead are tantamount and of as large an extent as if it had been said that his spiritual Promotions should be void And therefore if a Parson be convicted for the second or third Offence against this Statute and after such Conviction sues the Parishioners for Tythes it s a good plea to say that he stands convicted c. For he is thereby no longer Parson nor can sue for the Tythes no more than if he neglected to read the 39 Articles And that he is disabled in this last Case was adjudged Trin. 30 Eliz. in a Prohibition inter Morrice Eaton Vide Leonard 2. 212. C. 267. Wiggen and Arscotts Case nor will the Kings Pardon The Kings Pardon help or restore an Offender against this Act after the second or third Conviction no more than it will him who neglects to read the 39 Articles Vide Cro. Trin. 41 Eliz. 679 680. Baker versus Brent Robinson The Patron must at his peril take notice of a Conviction of the Incumbent upon this Statute Notice to the Patron not necessary For if he present not within six months after a Lapse will incur against him although no notice be given him For all men at their perils ought to take notice of an Act of Parliament to which every one is party 39 E. 3. 7. Bishop of Chichesters Case Dyer 7 Eliz. 237. Co. Hollands Case and Digbies Case supra In which three last Cases it was held That no notice to the Patron is necessary upon an avoidance by the Statute of 21 H. 8. of Pluralities Vide Termes de la
Ley Stat. 21 H. 8. 13 13 El. 12. 111. Deprivation And the Statute of 13 Eliz. touching the 39 Articles which provides that no Title to present by Lapse shall accrue upon any Deprivation ipso facto until six months after notice thereof given by the Ordinary to the Patron although it be penned in general terms extends only to the particular Cases in that Statute and to no other Case of Deprivation ipso facto by Act of Parliament And if the person that shall offend and be convicted in form aforesaid concerning any of the premisses shall not be Beneficed Stat. Sect. 4. The penalty of an Offender having no Spiritual Promotion nor have any spiritual Promotion that then the same person so offending and convict shall for the first Offence suffer Imprisonment during one whole year next after his said Conviction without Bail or Mainprize And if any such person not having any spiritual Promotion after his first Conviction shall eftsoons offend in any thing concerning the premisses and shall in form aforesaid be thereof lawfully convicted that then the same person shall for his second Offence suffer Imprisonment during his Life Stat. Sect. 5. The forfeiture of them which do any thing or speak in the derogation of the Book of Common Prayer Causing other Prayer to be said or sung And it is ordained and enacted by the Authority aforesaid That if any person or persons whatsoever after the said Feast of the Nativity of St. John Baptist next coming shall in any Interludes Plays Songs Rhimes or by other open words declare or speak any thing in the derogation depraving or despising of the same Book or of any thing therein contained or any part thereof or shall by open fact deed or by open threatnings compell or cause or otherwise procure or maintain any Parson Vicar or other Minister in any Cathedral or Parish Church or in Chappel or in any other place to sing or say any Common or open Prayer or to minister any Sacrament otherwise or in any other manner and form than is mentioned in the said Book or that by any of the said means shall unlawfully interrupt or let any Parson Vicar or other Minister in any Cathedral or Parish Church Chappel or any other place to sing or say Common and open Prayer or to minister the Sacraments or any of them in such manner and form as is mentioned in the said Book The forfeiture of 100 marks for the first Offence That then every such person being thereof lawfully convicted in form abovesaid shall forfeit to the Queén our Soveraign Lady her Heirs and Successors for the first Offence an hundred marks Any person or persons whatsoever A Feme Covert is within the meaning of this Branch and shall be liable to the Penalties thereby inflicted Feme Covert Hobart 97. Moore versus Hussey Dyer 3 Eliz. 203. Sir Edward Walgraves Case The beginning of this Parliament uncertain There hath been a great question when this Parliament of 1 Eliz. began Poulton saith the 23d of January Dyer 3 Eliz. 203. The 25th of January Co. 4. Inst 7. the 25th of February And for the incertainty when it commenced an Information was brought upon this Branch of the Statute against Sir Edward Walgrave and his Wife by the Queens Attorney without any special recital of the Statute Recital of Statutes only supposing the Offence to be Contra formam effectum cujusdam Statuti in Parliamento tenent apud Westmonasterium anno primo Reginae nunc c. Dyer 3 Eliz. 203. For this is a general Statute and general Statutes need not be particularly recited Plowden 53. Wimbish vers Talbois Ibid. 79. 81. Partridges Case Ibid. 231. Lord Barkleys Case Hearing Mass Compel or cause or otherwise procure or maintaine The hearing of Mass is a maintaining within this Statute and the person hearing it is Indictable thereupon Hobart 97. Dyer 3 Eliz. 203. ibid. 15 Eliz. 323. Fermors Case And if any person or persons being once convict of any such Offence eftsoons offend against any of the last recited Offences Stat. Sect. 6. The forfeiture of four hundred Marks for the second Offence ānd shall in form aforesaid be thereof lawfully convict That then the same person so offending and convict shall for the second Offence forfeit to thr Queén our Soveraign Lady her Heirs and Successors four hundred marks And if any person after he in form aforesaid shall have been twice convict of any Offence concerning any of the last recited Offences shall offend the third time The forfeiture for the third Offence and be thereof in form abovesaid lawfully Convict That then every person so offending and convict shall for his third Offence forfeit to our Soveraign Lady the Quéen all his Goods and Chattels and shall suffer Imprisonment during his Life The Offender in any of these Cases cannot be punished for the second Offence before he be adjudged for the first The Offender not punishable for the second offence until adjudged for the first and that second Offence must be committed after the Judgment given for the first nor for the third Offence before he be adjudged for the second and that third must be committed after the Judgment for the second For Quod non apparet non est non apparet Judicialiter ante Judicium Co. 2. Inst 479. Vide Dyer 323. And if any Person or Persons Stat. Sect. 7. The penalty if the party convicted do not pay his forfeiture within the time limitted that for his first Offence concerning the premises shall be convict in forme aforesaid do not pay the sum to be paid by vertue of his conviction in such manner and form as the same ought to be paid within six weeks next after his conviction That then every Person so convict and so not paying the same shall for the same first Offence instead of the said sum suffer Imprisonment by the space of six months without Bail or Mainprize And if any Person or Persons that for his second Offence concerning the premises shall be convict in form aforesaid do not pay the said sum to be paid by vertue of his conviction and this Statute in such manner and form as the same ought to be paid within six wéeks next after his said second conviction That then every person so convicted and not so paying the same shall for the same second Offence in the stead of the said sum suffer Imprisonment during twelve months without Bail or Mainprize An Information was brought by the Attorney General in the Kings Bench upon the Statute for hearing Mass The Offender dies within the six weeks and Judgment given Trin. 3 Eliz. Quod foris facereth Dominae Reginae Et si non solvet infra c. tunc imprisonabitur c. The forfeiture was estreated into the Exchequer within the six weeks mentioned in the Statute and before the six weeks expire the Defendant in the
their Iurisdictions and Authority and to punish the same by admonition excommunication sequestration or deprivation and other censures and process in like form as heretofore hath béen used in like Cases by the Quéens Ecclesiastical Laws Provided always and be it enacted None shall be punished twice for the same Offence That whatsoever persons offending in the premisses shall for their offences first receive punishment of the Ordinary having a Testimonial thereof under the said Ordinaries Seal shall not for the same Offence eftsoons be convicted before the Iustices And likewise receiving for the said first Offence punishment by the Iustices shall not for the same Offence eftsoons receive punishment of the Ordinary Any thing contained in this Act to the contrary notwithstanding This Clause being in the affirmative doth not abrogate the Jurisdiction Ecclesiastical Ecclesiastical Jurisdiction not abrogated which was in the Ecclesiastical Judge before the making of the Statute for that no Negative words are here added as that he should proceed no otherwise or in no other manner or form than this Statute directs And therefore if any Parson Vicar c. deprave or observe not the Book of Common Prayer although this Act inflicts only the forfeiture of a years value and six months Imprisonment for the first Offence yet the Ecclesiastical Judge may for the first Offence deprive him notwithstanding this Act as he might have done if no form of punishment had been here appointed And the said Book being enjoined by Authority the Offence of depraving or non-observing it is punishable by the Ecclesiastical Judge according to the Ecclsiastical Law without the further aid of any Temporal Law then the commanding it to be observed Co. 5.5 6. Cawdries Case And in such Case the Sentence of Deprivation given by the Ecclesiastical Judge though it exceed the punishment inflicted by the Temporal Law is not to be questioned by the Temporal Judges but they ought to give Faith and Credit to it For cuilibet in sua arte perito est credendum Cawdries Case fol. 7. Co. 4.29 Bunting and Heppingwells Case Provided always and be it enacted Stat. Sect. 13. Ornaments of the Church and Ministers That such Ornaments of the Church and of the Ministers thereof shall be retained and be in use as was in this Church of England by Authority of Parliament in the second year of the Reign of King Edward the Sixth until other Order shall be therein taken by the Authority of the Quéens Majesty with the advice of her Commissioners appointed and authorized under the Great Seal of England for Causes Ecclesiastical or of the Metropolitan of this Realm And also That if there shall happen any Contempt or Irreverence to be used in the Ceremonies or Rites of the Church by the mis-using of the Orders appointed in this Book the Queéns Majesty may by the like advice of the said Commissioners or Metropolitan ordain and publish such further Ceremonies or Rites as may be most for the advancement of Gods Glory the Edifying of his Church and the due Reverence of Christs holy Mysteries and Sacraments All Laws and Ordinances made for other Service shall be void And be it further Enacted by the Authority aforesaid That all Laws Statutes and Ordinances wherein or whereby any other Service Administration of Sacraments or Common Prayer is limited established or set forth to be vsed within this Realm or any other the Queéns Dominions or Countries shall from henceforth be utterly void and of none effect Stat. v Eliz. cap. i. An Act for the Assurance of the Queens Majesties Royal Power over all States and Subjects within her Dominions FOR preservation of the Queéns most Excellent Highness her Heirs and Successors Stat. and the Dignity of Sect. 1 the Imperial Crown of this Realm of England And for the avoiding both such hurts perils dishonors and inconveniencies as have before time befallen as well to the Quéens Majesties noble Progenitors Kings of this Realm as for the whole Estate thereof by means of the Iurisdiction and Power of the Sée of Rome unjustly Claimed and Vsurped within this Realm and the Dominions thereof and also of the dangers by the fauters of the said usurped Power at this time grown to marvelous outrage and licentious boldness and now requiring more sharp restraint and correction of Laws than hitherto in the time of the Queéns Majesties most mild and merciful Reign have béen had used or established Be it therefore Enacted Ordained and Established Stat. by the Quéen our Soveraign Lady and the Lords Spiritual and Sect. 2 Temporal The Penalty for maintaining the Authority of the Bishop or See of Rome and the Commons in this present Parliament assembled and by Authority of the same That if any Person or Persons dwelling inhabiting or resiant within this Realm or within any other the Quéens Dominions Seigniories or Countries or in the Marches of the same or elsewhere within or under her Obeysance and Power of what Estate Dignity Preheminence Order or Condition soever he or they be after the first day of April which shall be in the year of our Lord God One thousand five hundred sixty thrée shall by Writing Typhering Printing Preaching or Teaching Déed or Act advisedly and wittingly hold or stand with to extol set forth maintain or defend the Authority Iurisdiction or Power of the Bishop of Rome or of his Sée heretofore claimed used or usurped within this Realm or in any Dominion or Country being of within or under the Queéns Power or Obeisance or by any Spéech open Déed or Act advisedly and wittingly attribute any such manner of Iurisdiction Authority or Preheminence to the said Sée of Rome or to any Bishop of the same Sée for the time being within this Realm or in any the Quéens Dominions or Countries that then every such Person or Persons so doing or offending their Abbettors Procurers and Counsellors and also their aiders assistants and comforters upon purpose and to the intent to set forth further and extol the said usurped Power Authority or Iurisdiction of any of the said Bishop or Bishops of Rome and every of them being thereof lawfully Indicted or Presented within one year next after any such Offences by him or them Committed and being lawfully Convicted or Attainted at any time after according to the Laws of this Realm for every such Default and Offence shall incur into the dangers penalties pains and forfeitures Ordained and Provided by the Statute of Provision and Praemunire made in the Sixtéenth year of the Reign of King Richard the Second Hold or stand with c. or attribute The Printers of any Book which attributes to the Pope or See of Rome any such Authority or Jurisdiction within this Realm Printing bringing in offering and delivering of Books c. and the utterers thereof in most Cases are within the danger of this Law and if any man bring over such Books Written beyond the Seas knowing the
the person offering an Agnus Dei c. shall be disclosed to the Ordinary of the Diocess 53 54. A Schoolmaster may be allowed by the Ordinary of the Diocess 64. What the Ordinary may take for such allowance 65. Ornaments What Church Ornaments shall be used 31. Outlawry see Vtlawry Pardon Where the King may pardon the forfeiture upon a poenal Law and where not 80. His pardon will not restore an offender deprived by 1 Eliz. 23. Parish See Church The Ecclesiastical Court cannot try the limits or bounds of Parishes 28. The Parish the Recusant is of need not be named in the Indictment 71. How the Parish is to recover that part of the penalty given by 23 Eliz. 1. to the Poor 71. Parliament When the Parliament of 1 Eliz. began 24. Every Member of the Commons House must take the Oaths of Supremacy and Allegiance 43 44. 243. Patron See King Nomination Recusants Vtlawry Notice to the Patron where necessary and where not 23. Péers See Praemunire By and before whom to be indicted 88. 188. By whom to be tried 16. 29. 44. 56. 87. 93. 96. 188. Provision in Acts of Parliament for trial of a Peer by his Peers where ex abundanti 16. In what cases only a Peer shall be tried by his Peers 198. Saving of the Priviledges of Peers 265 266. Penalty See Baron Feme Cinque Ports Forfeiture King Parish Recusants Penalties given by 23 Eliz. 1. how to be recovered by the King and where 120 121 122. Penalties given by 23 El. 1. and 35 El. 1. how to be distributed 70. 111. 123. The subsequent distribution of a Penalty shall be good although the whole be at first given to the King 70 71. Penalties For refusing to abjure see Abjuration For absolving perswading or withdrawing the Kings Subjects from their Obedience or the Religion established to the Romish Religion or reconciling them to the Pope or See of Rome or being absolved c. See Absolution Obedience Religion Rome For bringing in c. any Agnus Dei c. See Agnus Dei. For concealing the offenders name See Agnus Dei. On such who aid maintain relieve c. offenders See Aide For refusing to discover or hindring the delivery of a Popish Recusants Arms. See Armour If the Child of a Popish Recusant convict be baptized contrary to 3 Jac. 5. See Baptisme On a Popish Recusant convict who is married contrary to 3 Jac. 5. See Baron Feme Recusants On a married woman convicted as a Popish Recusant if she conforms not See Baron Feme Recusants For bringing in c. Popish Books See Books For getting or putting in ure Bulls from Rome See Bulls If a Popish Recusant be buried contrary to 3 Jac. 5. See Burial For not coming to Church See Church Recusants For depraving hindring or not using the Common Prayer or using or maintaining any other See Common Prayer On Concealers of Offences See Concealers For going to Conventicles or perswading others so to do or to impugne the Kings Ecclesiastical power or to forbear to come to Church See Church Conventicles King For not certifying the submission required by 27 Eliz. 2. See Conformity For refusing to make submission according to 35 Eliz. 1. or 35 Eliz. 2. See Conformity For keeping a Recusant in his house See House For maintaining any Forraign Jurisdiction within this Realm See Iurisdiction For saying or hearing of Masse See Masse For refusing or not taking the Oaths of Supremacy or Allegiance See Oaths For not certifying the Refusal or the taking of the Oath of Supremacy See Oaths For not certifying the taking of the Oath of Allegiance See Oaths For serving or going to serve a Forraign Prince c. without first taking the Oath of Allegiance See Oaths For executing any Office without receiving the Sacrament and taking the Oaths and Test injoined by 25 Car. 2. 2. See Offices For not certifying Presentments of Offences against 5 Eliz. 1. See Presentments For not presenting Popish Recusants at the Sessions See Recusants For not entring and recording such Presentments See Recusants On a Popish Recusant confined and offending against 35 Eliz. 2. See Recusants For keeping or maintaining Recusants See Recusants On a Popish Recusant convict who comes to Court See Recusants On a Popish Recusant who departs not out of London and ten miles compass See Recusants On a Recusant convict for exercising certain Offices and Functions See Recusants On a married woman who is a Popish Recusant convict and conforms not in her husbands life time See Recusants For maintaining the Bishop or See of Romes Authority See Rome For Educating Children in the Popish Religion See Rome On the Popish Recusant who conforms and receives not the Sacrament of the Lords Supper yearly See Sacrament For keeping or being a Schoolmaster contrary to 23 Eliz. 1. or 1 Jac. 4. See Schoolmaster For suffering Women or Children to go beyond Seas without Licence and on such as go or send them See Seas For a Jesuite Seminary Priest c. to be within this Realm See Seminary For not discovering them See Seminary For not giving Information of such discovery See Seminary For relieving or maintaining such or any Popish Colledge Seminary c. or such who abide there or in any Popish Family beyond the Seas See Seminary For going or sending any thither See Seminary For returning from a Seminary without making submission See Seminary For serving or going to serve a forraign Prince c. without first entring into Bond. See Service For not certifying such Bond. See Service Pensions Saving of Pensions and Salaries 265. 267. Petition Petition to the King 148. Plea See Baron Feme Excommengement Informations Issue Plea to an Indictment for refusing the Oath of Supremacy 39. Plea to an Information for being married contrary to 3 Jac. 5. 221. In a Suit for Tythes it s a good plea to say he stands convicted on 1 El. 2.23 Where ipsi non sunt culpabiles is a good plea by Baron Feme 75 76. Plea in disability of the person of the Recusant in what cases allowable and in what not 215. 217 218. The conclusion of it 216. Such plea is peremptory 216. Where in a popular Suit the Kings Attorney is to reply and where the Plaintiff or Informer 79 80. Plea after Judgment in what case allowable 148. Poor see Parish Pope see Rome Port. Officers of the Ports what they are impowred to do 155. 183. Where punishable 155. 183 184. Power See Iurisdiction King Praemunire See Indictments Vniversity Praemunire 6. 12. 34. 36. 40. 51 52. 56. 93. 175 176. 196 197 198. 248. In a Praemunire no trial of a Peer by his Peers 198. Nor Councel allowed 198. The Judgment and forfeiture in a Praemunire 46. 152. Not lawful to slay a man attainted in a Praemunire 46. How a man attainted in a Praemunire is out of the Kings Protection 46 47. Prayers See Church Common Prayer Prayers in the Pulpit before Sermon 21. Prerogative See Advowson
singular persons which shall offend within any their Iurisdictions or Diocess after the said Feast of the Nativity of St. John Baptist next coming against this Act and Statute Any other Law Statute Priviledge Liberty or Provision heretofore made had or suffered to the contrary notwithstanding Not necessary to go to the Parish Church The Ordinary or Ecclesiastical Judge cannot legally punish any man for not coming to the Church of that Parish where he inhabits if he goes to any other although he shews not any reasonable Lett. For it shall be a good Plea for the party to say that that is not his Parish Church but that he had used to frequent another Church and did resort thereunto And if the Ecclesiastical Court will not receive this plea the party shall have a Prohibition Prohibition For the Spiritual Court hath no power to judge what shall be said to be a mans Parish Church And so it was resolved by the whole Court of Kings-Bench Trin. 9. Jac. Bulstrode 1. 159. Nor can the Spiritual Court try the limits or bounds of Parishes but they shall be tried by the Common Law Co. 13. 17. Stat. Sect. 10. What Justices may punish these Offences And it is ordained and enacted by the Authority aforesaid That all and every Iustices of Oyer and Determiner or Iustices of Assize shall have full Power and Authority in every of their open and general Sessions to enquire hear and determine all and all manner of Offences that shall be committed or done contrary to any Article contained in this present Act within the limits of the Commission to them directed and to make process for the execution of the same as they may do against any person being indicted before them of Trespass or lawfully convicted thereof Provided always and be it enacted by the Authority aforesaid A Bishop may joyn with the Justices to enquire of Offenders That all and every Archbishop and Bishop shall or may at all time and times at his liberty and pleasure joyn and associate himself by vertue of this Act to the said Iustices of Oyer and Determiner or to the said Iustices of Assize at every of the said open and general Sessions to be holden in any place within his Diocess for and to the enquiry hearing and determining of the Offences aforesaid Provided also and be it enacted by the Authority aforesaid At whose charges the Book of Common Prayer shall be gotten That the Books concerning the said Services shall at the Costs and Charges of the Parishioners of every Parish and Cathedral Church be attained and gotten before the said Feast of the Nativity of St. John Baptist next following and that all such Parishes and Cathedral Churches or other places where the said Books shall be attained and gotten before the said Feast of the Nativity of St. John Baptist shall within thrée weeks next after the said Books so attained and gotten use the said Service and put the same in ure according to this Act. And be it further enacted by the Authority aforesaid Within what time the Offenders shall be impeached That no person or persons shall be at any time hereafter Impeached or otherwise molested of or for any the Offences above-mentioned hereafter to be committed or done contrary to this Act unless he or they so offending be thereof Indicted at the next general Sessions to be holden before any such Iustices of Oyer and Determiner or Iustices of Assize next after any Offence committed or done contrary to the tenour of this Act. Provided always Trial of Peers and be it ordained and enacted by the Authority aforesaid That all and singular Lords of the Parliament for the third Offence above-mentioned shall be tried by their Peers Provided also Stat. Sect. 11. Chief Officers of Cities and Boroughs shall enquire of Offenders and be it ordained and enacted by the Authority aforesaid That the Mayor of London and all other Mayors Bayliffs and other head Officers of all and singular Cities Boroughs and Towns Corporate within this Realm Wales and the Marches of the same to the which Iustices of Assize do not commonly repair shall have full Power and Authority by virtue of this Act to enquire hear and determine the Offences aforesaid and every of them yearly within fifteen days after the Feast of Easter and St. Michael the Archangel in like manner and form as Iustices of Assize and Oyer and Determiner may do These words In like manner and form appoint in what manner the Offences shall be enquired of Mayors and Head Officers of Corporations heard and determined by Mayors and Head Officers of Corporations c. by Indictment for so much enquire imports and Trial and Verdict of twelve men or such other Legal proceedings upon the said Indictment as are used by the Justices of Oyer and Determiner and Assizes in their general Sessions For the Mayor or Head Officer is not left by this Act to his own Arbitrary Will or Discretion in the hearing and determining the Offence but must proceed according to the rules and forms of Law in the Conviction of the Offender And the Statute saith To which Justices of Assize do not commonly repair So that the Mayor or Head Officer of such places were only intended in the lieu and room of Justices of Assize and are therefore to proceed by the same Rules as they do in the Counties at large Within what time to proceed But these words extend not to the point of time limited for Indicting such Offender nor are Mayors and Head Officers tied to their next Sessions as the Justices of Oyer and Determiner and of Assize are as Wingate tit Service and Sacraments numb 26. mistakes the meaning of the Statute For in like manner and form is intended in such respects only where 't is not otherwise provided for by the Statute But 't is expresly provided here that Mayors and Head Officers of Corporations shall enquire of these Offences only twice in the year viz. within fifteen days after Easter and Michaelmas and not at their next general Sessions unless it happen to be the Sessions after one of those two Feasts To whom the Bishop cannot associate himself Nor can the Archbishop or Bishop associate himself in this Case to any Mayor or Head Officer of a Corporation as Wingate tit Service and Sacraments number 25. mistakes Stat. Sect. 12. The Ordinaries Jurisdiction in these Cases Provided always and be it ordained and enacted by the Authority aforesaid That all and singular Archbishops and Bishops and every of their Chancellors Commissaries Archdeacons and other Ordinaries having any peculiar Ecclesiastical Iurisdiction shall have full Power and Authority by virtue of this Act as well to enquire in their Visitation Synods and elsewhere within their Iurisdiction at any other time and place to take Accusations and Informations of all and every the things above-mentioned done committed or perpetrated within the limits of
or Books shall be found in their or any of their Custody as in the Opinion of the said Iustices Mayor Bailiff or Chief Officer as aforesaid shall be thought unméet for such Recusant as aforesaid to have or use the same shall be presently defaced and burnt if it be méet to be burned And if it be a Crucifix or other Relique of any price the same to be defaced at the General Quarter Sessions of the Peace in the County where the same shall be found and the same so defaced to be restored to the owner again Shall be thought unmeét for such Recusant So that the Justices of Peace are not bound by this Act to deface all Reliques of price or to burn or deface Not all to be defaced or burnt all other Reliques or Popish Books as Wingate tit Crown numb 144. misleads them in this particular Unmeet sense of it here And although herein much is referred to the discretion of the Justices of Peace yet where the Husband is a Protestant and only the Wife a Popish Recusant it seems by these words that they are not to consider what is unmeet for the Husband but what is unmeet for the Recusant viz. the Wife and that it was not intended that they should seize burn or deface any Books of the Husbands though Popish unless such whereby the Wife might be aided or confirmed in her Superstition so that in this Case Books written in a Language or Stile unintelligible to the Wife are not within the meaning of this Act nor ought by colour thereof to be taken from the Husband who is no Popish Recusant At the General Quarter Sessions Vide Stat. 23 Eliz. cap. 1. Sect. 7. General Quarter Sessions Stat. 23 Eliz. 1 And be it also Enacted by the Authority aforesaid Stat. Sect. 24. A Popish Recusants Armour shall be seized That all such Armour Gunpowder and Munition of whatsoever kinds as any Popish Recusant Convict within this Realm of England hath or shall have in his House or Houses or elsewhere or in the hands or possession of any other at his or their disposition shall be taken from such Popish Recusants or others which have or shall have the same to the use of such Popish Recusant by Warrant of four Iustices of Peace at their General or Quarter Sessions to be holden in the same County where such Popish Recusant shall be resident other than such necessary weapons as shall be thought fit by the said four Iustices of Peace to remain and be allowed for the defence of the person or persons of such Recusants or for the defence of his her or their House or Houses and that the said Armour and Munition so taken shall be kept and maintained at the Costs of such Recusants in such places as the said Four Iustices of Peace at their said Sessions of the Peace shall set down and appoint And be it further Enacted by the Authority aforesaid The forfeiture for not delivering it That if any such Recusant having or which shall have any such Armour Gunpowder and Munition or any of them or if any other person or persons which shall have any such Armour Gunpowder and Munition or any of them to the use of any such Recusant shall refuse to declare or manifest unto the said Iustices of Peace or any of them what Armour he she or they have or shall have or shall lett hinder or disturb the delivery thereof to any of the said Iustices or to any other person or persons authorized by their Warrant to take and seize the same then every such person so offending contrary to this Statute in this behalf shall forfeit and lose to the Kings Majesty his Heirs and Successors his and their said Armour Gunpowder and Munition and shall also be imprisoned by Warrant of or from any Iustices of Peace of such County by the space of thrée months without Bail or Mainprize General or Quarter Sessions Stat. 23 Eliz. 1 Where such Arms cannot be seized At their General or Quarter Sessions Vide Stat. 23 Eliz. cap. 1. Sect. 7. In the same County where such Popish Recusant shall be resident A Popish Recusant lives in one County and his Arms are kept in another County by one who is no Popish Recusant such Arms cannot be seized by force of this Act by the Justices of Peace of either County not by the Justices of the County where the Arms are kept for the seizure or taking is here limited to be by Warrant at the Sessions in the County where the Recusant resides and the Statute must be strictly pursued in that particular nor by the Justices of the County where the Recusant is resident for the Arms are in another County where they have nothing to do Power of a Justice of Peace out of his County And although in some Cases where a Statute appoints a Justice of Peace to do a thing he may do it out of his County Power of a Justice of Peace out of his County as to take an examination upon the Statute of Winton of a Robbery as was resolved in the Case of Helier and the Hundred of Benhust Pasch 7. Car. 1. B. R. Jones 239. Cro. Car. 213. yet he cannot exercise any coercive power out of his County as was resolved in that Case for his potestas Jurisdictionis is confined to his County as well as that of a Bishop is confined to his Diocess Vide Palmer 473. Ascuithes Case And here the taking of the Recusants Armor is a coercive Act and therefore can be executed by Warrant of the four Justices of Peace in that County only where they are Justices So that this is clearly Casus omissus and not provided for by this Act. Vide postea Four Justices In such places as the said four Iustices of Peace c. shall set down and appoint And not where one Justice shall appoint as is mistaken in the late additions to Dalton cap. 81. tit Recusants Sect. 40. Imprisoned by Warrant of or from any Iustices of Peace Any two Justices may grant their Warrant for Imprisoning the Offender Two sufficient and 't is sufficient in this Case for pluralis numerus est duobus contentus But a Warrant from any one Justice will not serve contrary to Wingate tit Crowne numb 145. Of such County County That is of the County where the Popish Recusant is resident for no other County was named before In what Case the party cannot be imprisoned A Popish Recusant lives in one County and his Arms are kept in another County by one who is no Popish Recusant The Justices of Peace of that other County cannot by force of this Act imprison him that keeps them for they are not named here but the power in this Case is expresly limited to other Justices and no other can intermedle therein neither will the Warrant of the Justices of Peace of the County where the Recusant is resident reach
he erroneously restrains the power of tendring the Oath in this Case to the Justice of Peace to whom the complaint is made as if no other Justice of Peace of that County could proceed therein which is contrary to the express words as well as meaning of the Statute Note that Dalton V. cap. 45. tit Recusants speaking first of the Certificate to be made by force of 3 Jac. 4. Stat. 3 Jac. 4 Certificate of taking the Oath saith It seems requisite That the Justice or Justices of Peace do make like Certificate at the next Assizes or Quarter Sessions of such persons as have taken this Oath before them by force of this Statute of 7 Jac. 6. But upon what ground Mr. Dalton thought this requisite to be certified at the Assizes I know not seeing there is no such Certificate to be made by the Statute of 3 Jac. 4. to the Assizes but only to the General or Quarter Sessions of the Peace and as for the Sessions I conceive neither the Justices of Peace if they proceed upon this Statute and not upon 3 Jac. are bound to make such Certificate nor the Clerk of the Peace or Town-Clerk to Record it for 't is not here required to be done But yet in such Cases where the same persons are impowred by both these Statutes to require and Minister this Oath as where the party is Convicted or Indicted of Recusancy in which Case two Justices of Peace Quorum unus c. may require the Oath by force either of the special words in 3 Jac. or of the general words in this Clause of 7 Jac. viz. any person or persons of Eighteen years or above under the degree of a Baron or Baroness And it doth not appear upon which of these Statutes they proceed as it may sometimes so happen There if the party take it it will be safest for the two Justices to make such Certificate to the next General or Quarter Sessions as is appointed by 3 Jac. and for the Clerk of the Peace or Town-Clerk to Record it Stat. Sect. 5. The penalty for refusing to take the said Oath And that if any person or persons being of the age of Eighteén years or above shall refuse to take the said Oath duely tendred to him or her according to the true intent and meaning of this Statute That then the persons authorized by this Law to give the said Oath shall and may commit the same Offender to the Common Gaol there to remain without Bail or Mainprize until the next Assizes or General Quarter Sessions to be holden for the said Shire Division Limit or Liberty where the said Oath shall be again in the said open Sessions required of such person by the said Iustices of Assize or Iustices of the Peace then and there present or the greater number of them And if the said person or persons of the age of Eightéen years or above shall refuse to take the said Oath being tendred to him or her by the said Iustices of Assize or Gaol-delivery in their open Assizes or Gaol-delivery or the Iustices of Peace or the greater part of them in their General or Quarter Sessions Every person so refusing shall incur the danger and penalty of Praemunire mentioned in a Statute made in the sixteénth year of the Reign of King Richard the Second Except Women Covert who shall be committed only to Prison there to remain without Bail or Mainprize till they will take the said Oath If any person or persons This Clause is general and extends to all before so that if any of the Nobility The Nobility may be committed refuse this Oath they may be committed to the Common Gaol c. by such as are by this Act authorized to tender it Co. 12. 131. Shall refuse to take the said Oath duly tendred to him or her If the persons authorized to tender this Oath What is a good tender what not ask the party whether he will take it and he saith he will not Quaere whether this be such a tender and refusal as shall make the refuser liable to be imprisoned and proceeded against by force of this Act unless he or they who tender it have in readiness both the form of the Oath and the Book to swear on For it is to be presumed that the Act intends all requisite circumstances ready to enable the one to minister and the other to take the Oath And 't is held by some The Oath read that before there can be any such refusal of this Oath as is here intended it ought to be read or offered to be read to the party especially if he be illiterate or if he be not yet that at least it ought to be offered to him for himself to read it For perhaps the party never saw or heard it And in such Case it would be against reason that the refusal should be penal And therefore in 9 Jacobi upon the tender of this Oath at Sergeants Inn in Fleetstreet it was read by Order of the Judges there To the Common Gaol The Justices of the Court of Kings Bench Refusal in the Kings Bench. have used to tender this Oath in Court as Justices of Peace of Middlesex and upon refusal the party is to be committed to the Prison of the Marshalsie which is the Ordinary Prison of that Court until the next Sessions Bulstrode 2. 155. The King against Griffith and others Vide Dyer 297. General Quarter Sessions Sessions Stat. 23 Eliz. 1. c. and General or Quarter Sessions What Sessions are here meant vide Stat. 23 Eliz. cap. 1. Sect. 7. Praemunire Indictment of Praemunire Stat. 3. Jac. 4. For the form of the Indictment upon refusal of this Oath Vide Stat. 3 Jac. cap. 4. Sect. 11. And be it further Enacted That every person Stat. Sect. 6. Disabled to execute or practice certain Offices or Sciences refusing to take the said Gath as above shall be disabled to all intents and purposes to execute any publick place of Iudicature or bear any other Office being no Office of Inheritance or Ministerial Function within this your Highness Realm of England or to use or practise the Common Law or Civil Law or the Science of Physick or Surgery or the Art of an Apothecary or any Liberal Science for his or their gain within this Realm until such time as the same person shall receive the same Oath according to the intent of this Statute Stat. Sect. 7. The penalty of a married woman who is a Popish Recusant convicted And be it further Enacted That if any married Woman being lawfully Convicted as a Popish Recusant for not coming to Church shall not within threé months next after such Conviction conform her self and repair to the Church and receive the Sacrament of the Lords Supper according to the former Laws and Statutes made and provided in that behalf touching Recusants that then she shall be committed to prison by one of the
meét to be Executors or Administrators to any person or persons whatsoever nor to have the Education of their own Children much less of the Children of any other of the Kings Subjects nor to have the marriage of them Be it therefore Enacted by the Authority aforesaid A Recusant shall not be Executor or Administrator That such Recusants convicted or which shall be convicted at the time of the death of any Testator or at the time of the granting of any Administration shall be disabled to be Executor or Administrator by force of any Testament hereafter to be made or Letters of Administration hereafter to be granted Or Guardian nor shall have the custody of any Child as Guardian in Chivalry Guardian in Socage or Guardian in nurture of any Lands Tenements or Hereditaments being Fréehold or Copyhold but shall be adjudged disabled to have any such Wardship or Custody of any such Child or of their Lands Tenements or Hereditaments being Fréehold or Copyhold as aforesaid Who shall have the Wardship And that for the better Education and Preservation of the said Children and of their Estates the next of the kin to such Child or Children to whom the said Lands Tenements or Hereditaments of such Child or Children cannot lawfully descend who shall usually resort to some Church or Chappel and there hear Divine Service and receive the holy Sacrament of the Lords Supper thrice in the year next before according to the Laws of this Realm shall have the Custody and Education of the same Child and of his said Lands and Tenements being holden in Knights Service until the full age of the said Ward of one and twenty years And of his said Lands Tenements and Hereditaments being holden in Socage as a Guardian in Socage And of the said Lands Tenements and Hereditaments holden by Copy of Court Roll of any Mannor so long as the Custom of the said Mannor shall permit and allow the same and in every of the said Cases shall yield an Accompt of the profits thereof to the said Ward as the Case shall require And that if at any time hereafter any of the Wards of the Kings Majesty or of any other shall be granted or sold to any Popish Recusant Convict such Grant or Sale shall be utterly void and of none effect Convicted at the time of the death of any Testator or at the time of the granting of any Administration Granting of Administration These words are to be construed reddendo singula singulis viz. That the Recusant shall be disabled to be Executor if he be convicted at the time of the death of the Testator or to be Administrator if he be Convicted at the time of the granting of Letters of Administration For so these words at the time of the granting of any Administration are here to be understood And therefore if a man makes his Will and therein appoints a Recusant Convict to be his Executor Executor where not disabled and before the Testators death the Conviction is removed by Reversal of the Judgment or avoided or discharged for some defect in the Indictment Proclamation or other proceedings and then the Testator dies In such Case the Recusant is not by this Act disabled to be Executor For although the naming of an Executor is in Law a granting of Administration And if a man by his last Will grants the Administration of his Goods and Chattels to J. S. without more saying thereby J. S. is made his Executor Dyer 290. So that the naming of an Executor and the granting of Administration seem to be the same thing yet this is not a granting of Administration within the meaning of this Act Administration here relating only to an Administrator and not to an Executor besides the naming of an Executor amounts not to a compleat grant of Administration until the Testators death For then and not before the Will becomes in force And if the party stands not then convicted he is not disabled Much less shall he be disabled to be Executor who is not convicted at the time of the Testators death although he be convicted at the time of the Probate of the Will For if these words granting of Administration should relate to an Executor as well as to an Administrator which in truth they do not yet the power given to the Executor by the Ordinary or Ecclesiastical Judge upon the probate of the Will cannot be called a granting but only a committing of Administration Committing of Administration What the Ordinary grants to an Executor according to the Will of the deceased And in such Case all that the Ordinary or Ecclesiastical Judge can grant are Letters testifying what the Testator hath already given to the Executor and a Power or Authority to execute the Will As Guardian in Chivalry Although the Recusant seized in Chivalry and Convicted could not have been Guardian yet if he had granted the Seigniory Seigniory granted over to one who was no Recusant the Grantee should have been Guardian notwithstanding this Act for the mischief here intended to be prevented was removed when the Seigniory was granted to another who was no Recusant By Jones Justice C. B. Hill 20. Jac. Jones 19. So if the King had seized Seized by the King the Recusants Seigniory as part of his two parts the King should have had the Wardship and not the next of kin for the same reason Jones 21. Stat. Sect. 22. Popish Books And be it further Enacted by the Authority of this present Parliament That no person or persons shall bring from beyond the Seas nor shall Print sell or buy any Popish Primmers Ladies Psalters Manuels Rosaries Popish Catechisms Missals Breviaries Portalls Legends and Lives of Saints containing superstitious matter Printed or Written in any Language whatsoever nor any other superstitious Books Printed or Written in the English Tongue upon pain of forfeiture of Forty shillings for every such Book one third part thereof to be to the Kings Majesty his Heirs and Successors one other third part to him that will sue for the same and the other third part to the Poor of the Parish where such Book or Books shall be found to be recovered by Action of Debt Bill Plaint or Information in any of the Kings Majesties Courts of Record wherein no Essoin Protection or Wager of Law shall be admitted or allowed and the said Books to be burned Stat. Sect. 23. Popish Reliques and Books And that it shall be lawfull for any two Iustices of Peace within the Limits of their Iurisdiction or Authority and to all Mayors Bailiffs and Chief Officers of Cities and Towns Corporate in their Liberties from time to time to search the Houses and Lodgings of every Popish Recusant Convict or of every person whose Wife is or shall be a Popish Recusant Convict for Popish Books and Reliques of Popery And that if any Altar Pix Beads Pictures or such like Popish Reliques or any Popish Book