Colledges that now are or hereafter shall be received into the same being under the Degrée of a Baron before the President Master Provost Warden or other head or chief Governour of that Colledge Hall or House whereinto he shall be received and in the open Hall And all Doctors of Physick Doctors and Practisers of Physick and all other who practise Physick that now are or hereafter shall be admitted into the Colledge of Physitians in London before the President of the same Colledge for the time being And all Aldermen Sheriffs or Vnder-Officers whatsoever of the Cities and Towns Corporate Aldermen Sheriffs Under-Officers and Freemen of Cities and Towns Corporate and all such as hereafter shall be made Fréemen of the said City or Town Corporate before the Mayor Bailiffs or other Chief Officer of the said City or Town in the open Hall And to the intent that due execution may be had of the premisses without delay When the said persons shall take the said Oath It is further Enacted by the Authority aforesaid That all the persons beforenamed who have any certain time limited or expressed when to take the aforesaid Oath shall at the time therein prescribed take the same and the rest within six months next after the end of this present Session of Parliament And be it further Enacted by Authority of this present Parliament Stat. Sect. 4. Who may tender the said Oath and to whom That it shall and may be lawful to and for any one of the Privy Council of your Highness or of your Heirs and Successors and to and for every Bishop within his Diocess to require any Baron or Baroness of the age of Eightéen years or above to take the said Oath and to and for any two Iustices of Peace within any County City or Town Corporate whereof one to be of the Quorum to require any person or persons of the age of Eightéen years or above under the Degrée of a Baron or Baroness to take the said Oath And if any person or persons of or above the said age and degrée now stand or hereafter any time shall stand and be Presented Indicted or Convicted for not coming to Church or not receiving the Holy Communion or Sacrament of the Lords Supper according to the Laws and Statutes of this Realm before the Ordinary or other having lawful power to take such Presentment or Indictment Then thrée of the Privy Council of your Highness your Heirs and Successors whereof the Lord Chancellor Lord Treasurer Lord Privy Seal or Principal Secretary to be one upon knowledge thereof shall require such person or persons to take the said Oath And if any other person or persons whatsoever of and above the said age and under the said degrée now stand or at any time hereafter shall stand and be Presented Indicted or Convicted for not coming to Church or receiving the Holy Communion or Sacrament of the Lords Supper according to the Laws and Statutes of this Realm before the Ordinary or any other having lawful power to take such Presentment or Indictment Or if the Minister Petty Constable and Church-wardens or any two of them shall at any time hereafter complain to any Iustice of Peace near adjoyning to the place where any person complained of shall dwell and the said Iustice shall find cause of suspition That then any one Iustice of Peace within whose Commission or Power such person or persons shall at any time hereafter be or to whom complaint shall be made as aforesaid shall upon notice thereof require such person or persons to take the said Oath For any two Iustices of Peace within any County City or Town Corporate c. The two Justices of Peace may require this Oath of any person that shall happen to be within their Jurisdiction although his habitation be in another County or Liberty For the Oath of Allegiance sequitur personam non locum This Oath sequitur personam non locum Bulstrode 2. 155. The King against Griffith al' To require any person or persons This is an enlargement of the power given to two Justices of Peace Power of Justices of Peace enlarged by 3 Jac. cap. 4. For thereby they could have required the Oath but only in some particular Cases vide that Statute Sect. 10. But by this Statute they may require it of any person whatsoever of competent age and under the degree of a Baron or Baroness Warrant to bring the party The Justices of Peace in this Case or the Justice of Peace in the following Case may make his or their special Warrant to the Constable to bring the party before the said Justice or Justices to take the Oath For the Statute by giving them power to require the Oath doth implicitely authorize them to make such a Warrant Quando lex aliquid alicui concedit conceditur id sine quo res ipsa esse non potest And it is against the Office of the Justices of Peace and the Authority hereby given them to go and seek the party Co. 12. 130. But the Constable cannot by virtue of such Warrant break the House Breaking the House where the party is For he is no Offender before he refuse the Oath or commit some Contempt to the King Ibid. And if any person or persons of or above the said age and degreée That is of the said age and above the said Degree of a Baron Persons above the degree of a Baron or Baroness For so the words must be taken viz. conjunctively and not of such who are of the degree of a Baron or Baroness and no more For the precedent words appointed that the Oath may be tendred to such by any Privy Counsellor or the Bishop of the Diocess in all cases although they were never Convicted Indicted or Presented But to such Noblemen or Noblewomen as are above that degree it cannot be tendred by virtue of this Act unless they have been before Convicted Indicted or Presented for not coming to Church or not receiving the Sacrament And in those Cases no less then three Privy Counsellors Quorum unus c. can tender it Co. 12. 130 131. And if any other person or persons whatsoever c. under the said Degreé A Baroness or any Woman above that Degree Noblewoman by Marriage who is not Noble by birth but only by Marriage becomes a Widow and takes a second Husband under the Degree of Nobility and is Convicted Indicted or Presented of Recusancy or complained of by the Minister c. to a Justice of Peace who finds cause of suspition The Justice of Peace may require her to take this Oath although she were once Noble For by her second Marriage she hath lost her Nobility and name of Dignity together with the priviledges of her Nobility Quando mulier Nobilis nupserit ignobili desinit esse Nobilis which is to be understood of Nobility acquired by Marriage For that which was gotten by
of Law shall be allowed Stat. Sect. 4. Popish Recusants shall depart from London And that all Popish Recusants Indicted or Convicted and all other persons which have not repaired to some usuall Church or Chappel and there heard Divine Service but have forborn the same by the space of thrée months last past contrary to the Laws and Statutes of this Realm dwelling abiding or remaining within the City of London or the Liberties thereof or within ten miles of the said City shall within thrée months next after the end of this Session of Parliament depart from the said City of London and ten miles Compass of the same and also shall deliver up their names to the Lord Mayor of London in case such Recusant do dwell or remain within the said City of London or the Liberties thereof And in case the said Recusant shall dwell or remain in any other County within Ten miles of the same City Then the said Recusant shall deliver up his or her name to the next Iustice of Peace within such County where the said Recusant shall so dwell or remain within forty days after the end of this Session of Parliament upon pain that every person offending herein shall forfeit to our Soveraign Lord the Kings Majesty his Heirs and Successors the sum of One hundred pounds The one moiety whereof shall be to the Kings Majesty his Heirs and Successors the other moiety to him or them that will sue for the same by Action of Debt Bill Plaint or Information in any of the Kings Majesties Courts of Record wherein no Essoign Protection or wager of Law shall be admitted or allowed Stat. Sect. 5. And that all Popish Recusants which shall hereafter come dwell or remain within the said City of London or the Liberties thereof or within ten miles of the said City which now are or hereafter shall be Indicted or Convicted of such Recusancy or which shall at any time hereafter not repair unto some Church or Chappel and there hear Divine Service but shall forbear the same by the space of threé months contrary to the Laws and Statutes of this Realm shall within ten dayes after such Indictment or Conviction depart from the said City of London and ten miles Compass of the same and also shall deliver up their names to the Lord Mayor of London for the time being in Case such Recusant shall dwell or remain within the said City of London or the Liberties thereof And in Case the said Recusant shall dwell or remain in any other County within ten miles of the said City then the said Recusant shall deliver up his or her name to the next Iustice of Peace within such County where the said Recusant shall so dwell or remain within the said ten days next after such Indictment or Conviction upon pain that every person offending herein shall likewise forfeit to our said Soveraign Lord the Kings Majesty his Heirs and Successors the like sum of an hundred pounds The one moiety whereof shall be to the Kings Majesty his Heirs and Successors and the other to him or them that will sue for the same by Action of Debt Bill Plaint or Information in any of the Kings Majesties Courts of Record wherein no Essoign protection or wager of Law shall be admitted or allowed In the late Additions to Dalton cap. 81. tit Recusants Sect. 45. this Clause is otherwise recited viz. That the Recusant Delivery up of the Recusants name if he live within ten miles distance of London is to deliver up his name to the Lord Mayor there and if he live above ten miles distance then to the next Justice of Peace But the Statute is there mistaken in both points For if the Recusant dwell within ten miles of London and not in London he is to deliver up his name to the next Justice of Peace and not to the Lord Mayor And if he dwell above ten miles from London he is not within this Act nor bound by force thereof to deliver up his name at all For miles Vide Stat. 35 Eliz. cap. 2. Sect. 2. Provided always Stat. Sect. 6. Tradesmen and dwellers in or about London That such person or persons as now use any Trade mystery or manual Occupation within the said City of London or within ten miles of the same and such as have or shall have their only dwelling within the said City or ten miles Compass of the same not having any other dwelling or place of abode elsewhere shall or may remain and continue in such place within the said City or ten miles of the same as they have dwelled inhabited or remained in by the space of thrée months next before this present Session of Parliament Any thing herein contained to the contrary notwithstanding This Proviso is by some taken to be in force at this day At this day not excepted But yet under favour as the Proviso is penned it seems to the contrary and that now all Popish Recusants Convicted or Indicted of Recusancy or not repairing to Church but forbearing by the space of three months are by this Act to depart London and ten miles compass of the same notwithstanding they are Tradesmen or have no other place of dwelling For as to Tradesmen here are no other excepted then such as when this Act was made used some Trade Mystery or manual Occupation And as to both Tradesmen and such as had or should have their only dwelling within London or ten miles compass the Statute limits them to that place where they inhabited three months next before that Session of Parliament wherein this Act was made which cannot by any strained construction extend to those in future times But the meaning seems to be That Popish Recusants Indicted or Convicted of Recusancy or not repairing to Church c. who were then Tradesmen within London or ten miles compass or such as then resided within London or ten miles compass and should have no other place of abode might continue there so that they removed not to any other dwelling then where they inhabited by the space of three months next before that Session of Parliament or if they did they were to lose the benefit of this Proviso and must have removed above ten miles from London as well as other Popish Recusants Convicted or Indicted or not repairing to Church as aforesaid As for those words such as shall have their only dwelling within the said City c. the future Tense shall have doth not intend such Recusants as should have their dwelling there or within ten miles compass after the making of this Act and not before But only such who having their dwelling there before that Session of Parliament should at the time of their being Indicted or Convicted have their only dwelling there and no other place of dwelling elsewhere For if they had at such time of their being Convicted or Indicted two several Houses one within London or ten miles and the other at
which the King hath already done or in respect of what the Recusant after his conviction hath omitted to do And therefore if a man be convicted of recusancy upon a popular Suit or an Action of Debt at the Kings Suit alone in which Cases the penalty of Twenty pounds per month is not appropriated to the King for the time to come and he pays the penalty recovered or if he be Convicted upon Indictment and after such Conviction duly pays the Twenty pounds per month into the Exchequer and the King makes no Election to take the two third parts of his Estate in lieu thereof such Recusant may by this Proviso in either of those Cases Sue or Prosecute for any of his Lands Tenements Leases Rents Annuities or Hereditaments whatsoever notwithstanding his Conviction For when the penalty recovered is satisfied or the forfeiture appropriated to the King is duly paid into the Exchequer his Lands c. are not to be seized by force of any Law for Recusancy unless the King make his Election to have the two parts And until that Election they cannot in the sense of this Proviso be said to be Lands to be seized or taken into the Kings hands for that the King cannot have the two parts and the Twenty pounds per month both But if the King make no such Election and the Twenty pounds per month be duly paid into the Exchequer the Recusant is to hold and enjoy all his Lands Tenements c. as if he had never been convicted And during that time there can be no distinction made between the two parts and the Recusant's third part so that in this Case the Recusant must either be enabled to Sue and Prosecute for all his Lands c. or none and to think the latter of these were to render this Proviso nugatory and vain But when once the King hath seized the two thirds for recusancy either by way of Election or for nonpayment of the penalty then the Recusant is enabled to Sue only for the other third part whether in the hands of the King or of a common person Stat. Sect. 14. And for that Popish Recusants are not usually Married nor their Children Christned nor themselves Buried according to the Law of the Church of England but the same are done superstitiously by Popish Persons in secret whereby the days of their Marriages Births and Burials cannot be certainly known Stat. Sect. 15. Marriages of Popish Recusants Be it further Enacted by Authority of this present Parliament That every man being or which shall be a Popish Recusant convicted and who shall be hereafter Married otherwise then in some open Church or Chappel and otherwise then according to the Orders of the Church of England by a Minister lawfully Authorized shall be utterly disabled and excluded to have any Estate of Fréehold into any the Lands Tenements and Hereditaments of his Wife as Tenant by the Courtesie of England And that every Woman being or which shall be a Popish Recusant convicted and who shall be hereafter Married in other form then as aforesaid shall be utterly excluded and disabled not only to claim any Dower of the Inheritance of her Husband whereof she may be endowable or any Iointure of the Lands and Hereditaments of her Husband or any of his Ancestors but also of her Widows Estate and Frank-bank in any Customary Lands whereof her Husband died seized and likewise be disabled and excluded to have or enjoy any part or portion of the goods of her said Husband by vertue of any custom of any County City or Place where the same shall lie or be And if any such man shall be Married with any Woman contrary to the intent and true meaning of this Act which Woman hath or shall have no Lands Tenements or Hereditaments whereof he may be intituled to be Tenant by the Curtesie Then such man so Marrying as aforesaid shall forfeit and lose One hundred pounds the one half thereof to be to the Kings Majesty his Heirs and Successors and the other moiety to such person or persons as shall Sue for the same 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 Where the Husband is no offender Every man being or which shall be a Popish Recusant Convicted A Man who is no Popish Recusant Convicted marries a Woman who is a Popish Recusant Convicted in other form then is here appointed He shall not forfeit any thing or be disabled by this Act. By a Minister lawfully Authorized Minister lawfully Authorized In an Information upon this Statute for being married otherwise then is here appointed it is sufficient for the Defendant to say that he was married c. by a Minister lawfully Authorized without shewing in particular how or where or when but if a Traverse come of the other side then the Defendant is in his Rejoynder to shew the time and place Vide Bulstrode 2. 50. 52. Creswich against Rookesby Every Woman being or which shall be a Popish Recusant Convicted A Woman who is no Popish Recusant Convicted Where the Wife is no offender marries a Man who is a Popish Recusant Convicted in other form than is here appointed she shall not be disabled by this Branch of the Act For the forfeiture or disability extends only to the Popish Recusant Convicted and as in the Case before recited the Woman only shall be disabled so in this Case the Man only shall forfeit or be disabled Or any Ioynture of the Lands and Hereditaments of her Husband or any of his Ancestors Joynture A Feme who is a Popish Recusant Convicted and married otherwise then is appointed by this Act is not therefore disabled to have any sort of Joynture as Wingate tit Crowne n. 136. mistakes but only such Joynture as is of the Lands or Hereditaments of her Husband or some of his Ancestors and therefore if in consideration of some service done or for some other consideration and for the advancement of A. in marriage Lands are setled upon his intended Wife for her Joynture by some person besides A. who is not any of the Ancestors of A. such Joynture is not within this Act nor shall the Wife although a Popish Recusant Convicted and married otherwise c. be disabled by any strained construction of this Law to enjoy the Lands after her Husbands death For a penal Law shall be taken strictly and not by equity or intendment especially where the intent of the Lawmakers doth not appear to the contrary and the Case such as doth but rarely happen And 't is a good Rule in the construction of Statute Laws which the late Lord Chief Justice Vaughan hath laid down in his Argument of Bole and Hortons Case Mich. 25. Car. 2. viz. when the words of a Law extend not to an inconvenience rarely happening and do to those which often
happen it is good reason not to strain the words farther then they reach but to say it is casus omissus and that the Law intended quae frequentius accidunt Vaughan 373. And yet there is no question but such Lands are a Joynture The extent of the word and if made with the Wives assent before marriage shall bar her Dower by the Statute of 27 H. 8. cap. 10. which speaks of an Estate or purchase made to the Wife for her Joynture generally not saying by whom Mr. Sheapard therefore in his Epitome p. 523. falls very short of the full description of a Joynture when he limits it only to be of the Franktenement of her Husband which restriction dayly experience confutes For that it is commonly made by the Ancestor of the Husband of Lands in which the Husband never had any Franktenement nor perhaps ever shall have Custom By vertue of any custom of any County City or Place And not of Cities only as 't is restrained in the late additions to Dalton cap. 85. tit Recusants Sect. 48. Where in force The Custom here mentioned viz. that the Wife shall have a certain portion of her Husbands goods after his decease is of force throughout the whole Province of York and in divers other places of England and if he gives them away from her by his Will the bequest is void Vide Swinburne Part 3. cap. 14. p. 151. 152. What goods are not within the Act. A Woman is an offender within this Branch and her Husband by his last will gives her all or part of his goods not claimable by custom she is not by this Act disabled to enjoy them after his death For the words here are plainly restrictive to such goods as she claims by custom Where not Tenant by Curtesie not One hundred pounds forfeited Whereof he may be intituled to be Tenant by the Curtesie A Popish Recusant convicted marries an Inheritrix in other form then is appointed by this Act The Wife dies without issue born alive of the marriage In this Case although the Husband is not intituled to be Tenant by the Courtesie yet the possibility which he once had to be so intituled seems to satisfie the intent of the Act and he shall not forfeit the hundred pounds So that here is another Casus omissus For it may so happen that a Popish Recusant Convict may have a great Portion in money with his Wife and but a small Estate in Lands with her perchance but a few Acres yet if he be an Offender within this branch the Lands for that he may be intituled to be Tenant of them by the Courtesie shall save his hundred pounds and if his Wife die having had no issue born alive he is wholly exempted out of the Act and cannot be punished either way Stat. Sect. 16. Baptism of Popish Recusants Children And that every Popish Recusant which shall hereafter have any Child born shall within one month next after the Birth thereof cause the same Child to be baptized by a lawful Minister according to the Laws of this Realm in the open Church of the same Parish where the Child shall be born or in some other Church near adjoyning or Chappel where Baptism is usually administred or if by infirmity of the Child it cannot be brought co such place then the same shall within the time aforesaid be baptized by the lawful Minister of any of the said Parishes or places aforesaid upon pain that the Father of such Child if he be living by the space of one month next after the Birth of such Child or if he be dead within the said month then the Mother of such Child shall for every such Offence forfeit one hundred pounds of lawful money of England one third part whereof to be to the Kings Majesty his Heirs and Successors one other third part to the Informer or him that will sue for the same and the other third part to the Poor of the said Parish to be recovered by Action of Debt Bill Plaint or Information in any of the Kings Majesties Courts of Record wherein no Essoign Protection or Wager of Law shall be admitted or allowed And if any Popish Recusant man or woman Stat. Sect. 17. Burial of Popish Recusants not excommunicate not being Excommunicate shall be buried in any place other than in the Church or Churchyard or not according to the Ecclesiastical Laws of this Realm That the Executors or Administrators of every such person so buried knowing the same or the party that causeth him to be so buried shall forfeit the sum of twenty pounds the one third part whereof shall be to our Soveraign Lord the King the other third part to the Informer or him or them that will sue for the same and the other third part to the Poor of the Parish where such person died to be recovered by Action of Debt Bill Plaint or Information in any of the Kings Majesties Courts of Record wherein no Essoign Protection or Wager of Law shall be admitted or allowed The Exception here of a Popish Recusant Excommunicate That is not actually Excommunicate is intended only of one actually Excommunicated and not of him who is a Popish Recusant convicted who shall not be reputed as a person Excommunicate to this intent but only as to the point of a disability as hath been said Sect. 12. So that if any Popish Recusant not actually Excommunicate be buried elsewhere or otherwise then is here mentioned although he were convicted yet 't is an Offence punishable by this Law And be it further Enacted by this present Parliament Stat. Sect. 18. Children departing the Realm That if the Children of any Subject within this Realm the said Children not being Soldiers Mariners Merchants or their Apprentices or Factors to prevent their good Education in England or for any other cause shall hereafter be sent or go beyond Seas without Licence of the Kings Majesty or six of his Honourable Privy Council whereof the principal Secretary to be one under their Hands and Seals The forfeiture of such as depart That then all and every such Child and Children so sent or which shall so go beyond the Seas shall take no benefit by any gift conveyance descent devise or otherwise of or to any Lands Tenements Hereditaments Leases Goods or Chattels until he or they being of the age of eighteén years or above take the Oath mentioned in an Act of Parliament made this present Session Intituled An Act for the better discovering and repressing of Popish Recusants before some Iustice of Peace of the County Liberty or Limit where such Parents of such Children as shall be so sent did or shall inherit and dwell And that in the mean time the next of his or her kin which shall be no Popish Recusant shall have and enjoy the said Lands Tenements Hereditaments Leases Goods and Chattels so given conveyed descended or devised until such time
such person as shall so conform him or her self as aforesaid Stat. Sect. 20. A Popish Recusant shall not Present to a Benefice nor grant the next avoidance c. And be it further Enacted by the Authority of this present Parliament That every person or persons that is or shall be a Popish Recusant Convict during the time that he shall be or remain a Recusant shall from and after the end of this present Session of Parliament be utterly disabled to present to any Benefice with cure or without cure Prebend or any other Ecclesiastical living or to collate or nominate to any Freé-school Hospital or Donative whatsoever and from the beginning of this present Session of Parliament shall likewise be disabled to grant any avoidance to any Benefice Prebend or other Ecclesiastical living And that the Chancellor and Schollers of the Vniversity of Oxford so often as any of them shall be void shall have the Presentation Nomination Collation and Donation of and to every such Benefice Prebend or Ecclesiastical Living School Hospital and Donative set lying and being in the Counties of Oxford Kent Middlesex Sussex Surrey Hampshire Berkshire Buckinghamshire Gloucestershire Worcestershire Staffordshire Warwickshire Wiltshire Somersetshire Devonshire Cornwall Dorsetshire Herefordshire Northamptonshire Pembrokeshire Carmarthenshire Brecknockshire Monmouthshire Cardiganshire Montgomeryshire the City of London and in every City and Town being a County of it self The Chancellor and Schollers of Oxford and Cambridge shall Present to a Popish Recusants Benefice c. lying and being within any of the Limits or Precincts of any of the Counties aforesaid or in or within any of them as shall happen to be void during such time as the Patron thereof shall be and remain a Recusant Convict as aforesaid And that the Chancellor and Schollers of the Vniversity of Cambridge shall have the Presentation Nomination Collation and Donation of and to every such Benefice Prebend or Ecclesiastical Living School Hospital and Donative set lying and being in the Counties of Essex Hartfordshire Bedfordshire Cambridgeshire Huntingtonshire Suffolk Norfolk Lincolnshire Rutlandshire Leicestershire Darbyshire Nottinghamshire Shropshire Cheshire Lancashire Yorkshire the County of Durham Northumberland Cumberland Westmerland Radnorshire Denbighshire Flintshire Carnarvonshire Angleseyshire Merionethshire Glamorganshire and in every City and Town being a County of it self lying within any of the Limits or Precincts of any of the Counties last before mentioned or in or within any of them as shall happen to be void during such time as the Patron thereof shall be and remain a Recusant Convict as aforesaid Provided None shall be presented who hath another Benefice with cure of Souls That neither of the said Chancellors and Schollers of either the said Vniversities shall present or nominate to any Benefice with Cure Prebend or other Ecclesiastical living any such person as shall then have any other Benefice with cure of Souls And if any such Presentation or Nomination shall be had or made of any such person so beneficed the said Presentation or Nomination shall be utterly void Any thing in this Act to the contrary notwithstanding Grant of the next avoidance where void From and after the end of this present Session of Parliament A man seized of an Advowson grants the next avoidance and then becomes a Popish Recusant Convict The grant of the next Avoidance is void and the University shall Present For the foregoing words during his Recusancy do not import the time when his disability shall begin but when it shall end viz. when he remains no longer a Recusant But when once he becomes a Popish Recusant Convict his disability shall have relation Relation to all the time going before scil from the end of that Session of Parliament wherein this Act was made Co. 10. 55 56. Case of the Chancellor c. of the University of Oxford Jones 20. Standen al' versus University d' Oxon Whitton Retrospects And such retrospects are usual in Acts of Parliament For which see the Cases cited in Co. 10. supra Recusancy by Covin And yet if after the Grant of the next Avoidance the Patron or Grantor becomes a Popish Recusant convict by Covin and to the intent to make void such his Grant this shall not defeat the interest of the Grantee but he may present when the Church becomes void notwithstanding such Conviction Jones 20. Averment Verdict But then the Covin must be averred by the Grantee and found by the Jury to be to that particular intent as in the Case herein after mentioned where the Recusant grants away the Advowson by Covin which vide postea A Recusant disabled to nominate Be utterly disabled to Present to any Benefice c. A man hath the right of nomination to a Benefice which is presentative and another hath the right of Presentation If he who hath the right of Nomination become a Popish Recusant Convict I conceive he is disabled by this Act to nominate For although only the word Present be here used as to a Benefice or Ecclesiastical living presentative yet this shall extend as well to Nomination For the intent of the Act is to prevent a Recusant from appointing who shall be Incumbent and the Case of Nomination is in equal mischief with that of Presentation And if the Recusant should not be disabled to Nominate as well as to Present the intent of the Act would be eluded For he that hath the right of Nomination is in effect the Patron and he that Presents at the Nomination of another is but as a Messenger between him and the Ordinary 14 H. 4. 11. And if he who is to Present Presents any other then the person nominated to him or doth not Present the person nominated he who nominates may bring a Quare Impedit against him And he who hath the Nomination must joyntly with him who hath the Presentation confirm the Lease of the Incumbent Moore 49. C. 147. Fitz. n. b. 33. 'T is true the general Rule is Penal Statues how expounded that penal Statutes shall not be taken by Equity from whence may be inferred that this Statute only disabling a Recusant to present to a Benefice presentative shall not be extended to disable him to nominate although it be within the same mischief but that Rule hath some exceptions and where the intent of the makers of the Law plainly appeares by other words in the same Statute a penal Statute shall be expounded largely and according to that intent beyond the Letter as in the Case of Simony upon the Statute of 31 Eliz. cap. 6. Stat. 31 Eliz. 6. Hobart 75. Now in the subsequent Clause touching the University the nomination as well as presentation is given to them and consequently the Recusant was intended to be disabled in the one Case as well as the other Besides the words disabled to present may be aptly enough expounded disabled to nominate Presentment in whom For the presentment is truly
or principal Secretary for the time being to be one And if such person or persons live and reside in the Country distant above thirty miles from London then before the Lord Bishop of the Diocess or such other person or persons as the Lord Chancellor or Lord Kéeper of the Great Seal for the time being shall thereto by Writ of Dedimus potestatem Authorize The sworn Servants of the King Queen Prince c. And all and every the sworn Servants ordinary and extraordinary of your Highness the Quéens Grace or of the Houshold of the Prince of Wales and of the rest of your Highness Children before the Lord Steward the Lord Chamberlains and Vicechamberlains to your Highness and the Quéen the Treasurer and Controller of your Highness Houshold the Master of your Highness Horse the Dean of the Chappel and the Knight Marshal for the time being the Officers of the Gréen-cloth or any thrée of them Temporal Judges Ministers of Justices They which receive any Fée of the King All and every temporal Iudge Iustices of Peace Sheriffs Escheators Feodaries and other Officers and Ministers of Iustice in this present Act not specially mentioned and every other person or persons that doth or shall receive any Fée of your Highness your Heirs and Successors before the Lord Chancellor or Lord Kéeper of the Great Seal Lord Treasurer Lord Admiral Lord Warden of the Five Ports for the time being or one of them or before one of the Chief Iustices either of your Majesties Bench or of the Common Pleas or before Iustices of Assize of the same County where the parties reside or other such persons as the Lord Chancellor or Keeper of the Great Seal shall thereto Authorize Chief Officers of Cities and Towns Corporate And all Mayors Bailiffs or other chief Officers of Cities and Towns Corporate by what name soever they be called or known before such person or persons as usually administer the Oath to them at their first entrance into their said Offices And all and every the Knights Citizens Burgesses and Barons of the Five Ports of the Commons House of Parliament Stat. Sect. 2. Knights Citizens Burgesses and Barons of the Commons House of Parliament at any Parliament or Session of Parliament hereafter to be Assembled before he or they shall be permitted to enter into the said House before the Lord Steward for the time being or his Deputy or Deputies The King cannot dispence with any Member of the Commons House of Parliament from taking this Oath The Kings dispensation void For that he is here declared to be persona inhabilis until he take it Vaughan 355. Thomas and Sorrel's Case And the Master of the Ordnance Lieutenant of the Tower Stat. Sect. 3. Master of the Ordnance Lieutenant of the Tower c. of London and Mint-master there the four principal Officers of your Navy under the Lord Admiral before the Lord Chancellor or Lord Keeper of the Great Seal and the Lord Admiral for the time being or any of them And all the Officers Ministers Officers and Servants in the Tower Servants and others within your said Tower of London before the Lieutenant of the Tower And all the Vice-Admirals Captains Masters Officers Ministers and Souldiers in your Highness Ships or any of them before the said four principal Officers of your Navy or any two of them And all persons having charge of Castles Fortresses Captains of Castles and Souldiers Block-houses or Garrisons and all Captains who shall have Charge of Souldiers within this your Highness Realm before the Iustices of Assize of the same County or before two Iustices of the Peace of the same County City or Liberty where the same Castles Fortresses or Block-houses shall stand or the Charge of Souldiers shall be All Doctors Advocates and Proctors of the Civil Law Doctors Advocates and Proctors of the Civil Law and their Clerks before the Bishop of the Diocess where they shall for the most part dwell or reside And all and every person or persons Temporal that hereafter shall Sue Livery or Ouster le maine Suers of Livery and Ouster le maine out of the Hands of your Highness your Heirs or Successors before his or their Ouster le maine Sued forth and allowed before the Master of the Wards and Liveries or before the Surveyor and Attorney of your Highness said Court in open Court Sergeants at Law and the Judges Servants All the Sergeants at Law Servants to the Iudges in your Highness Courts at Westminster and all other in the Sergeants Inns before the Chief Iustice of your Majesties Bench the Chief Iustice of the Common Pleas and the Chief Baron of your Exchequer or some or one of them Gentlemen of the Inns of Court Principals and Treasurers of the Inns of Chancery All your Highness Subjects in the Inns of Court or that hereafter shall be admitted thereinto and the Principals and Treasurers of every Inn of Chancery before the Readers and Benchers of the several houses whereto they belong or four of them at the least in their open Halls All others of the Inns of Chancery All other your Majesties Subjects as well Ancients as other not being Principal or Treasurer that now are or hereafter shall be admitted into any Inn of Chancery before the Principal or Treasurer and Ancients of the several Inns of Chancery or four of them in their open Halls Prothonotaries Philizers Officers Attorneys Clerks All Prothonotaries Philizers Officers Ministers Attorneys and Clerks that now are or hereafter shall be admitted to write or practice in any of your Highness Courts at Westminster or in any other Court of Record before the Iudge or Iudges of the same Court Clerks and Officers of the Chancery All Clerks of the Chancery and all their under-clerks and all other Officers of the said Court of Chancery and their Clerks before the Master of the Rolls for the time being or before two of the Masters of the said Court of Chancery Parsons Vicars Curates persons in Orders Schoolmaster Usher All Parsons Vicars and Curats and all other persons Ecclesiastical taking Orders and all and every School-master or Vsher before the Bishop of the Diocess or other Ordinary in the same sitting in open Court The Vice-chancellors of both the Universities Heads of Colledges and Halls Proctors Beadles The Vice-Chancellors of both the Vniversities for the time being and the Presidents Wardens Provosts Masters of Colledges and Halls and all other Heads and Principals of Houses Proctors and Beadles of the Vniversities publickly in the Convocation before the Senior Masters there present Persons taking Degrees in School And all and every other persons whatsoever that is or shall be promoted to any Degrée in School before the Vice-Chancellor of the said Vniversity for the time being in the Congregation house Fellows and Schollers of Halls or Colledges All Fellows of Houses and all Schollers of Halls or