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A39482 A summary account of all the statute-laws of this kingdom now in force against Jesuits, seminary priests, and popish recusants drawn up for the benefit of all Protestants / done by a Protestant, to inform such of his fellow-subjects, that are ignorant of these laws, and would be willing to do their duties, where, and when the laws enjoyn them. Protestant. 1673 (1673) Wing E924; ESTC R233181 15,670 16

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by two Justices of Peace whereof one of the Quorum and there remain until she conform unless the Husband shall pay to the King for his Wives Offence ten pounds for every month or yield a third part of all his Lands at the choice of such Husbands The penalty of going beyond Sea or sending any thither to be trained in Popery or sending relief to them 5. None shall go himself or send any other person whatsoever beyond Sea to be trained up in Popery nor give any maintenance or relief to the party so sent or to any School or Religious house there on pain after conviction thereof to be made unable to prosecute any Suit in any Court of Equity to be Committee of any Ward Executor or Administrator and to be uncapable of any Legacy or Deed of Gift or bearing Office within this Realm And besides to forfeit all his Goods and Chattels and his Lands also during life but if he or she conform within six weeks after his or her return according to the Statutes of this Realm they shall not incur the said Penalties 3. Car. I. Cap. 2. 1. By this Statute the Statute of 1. Jac. Cap. ● is to be put in due Execution The like Penalty as in the next preceding Statute for sending or going beyond Sea to be trained in Popery c. 2. None of the Kings Subjects shall pass or go or shall convey or send or cause to be conveyed or sent any Children or other person out of any the Kings Dominions into any parts beyond the Seas out of the Kings obedience to the intent to be resident and trained up in any Popish Society School or Family or instructed in the Popish Religion in a sort to profess the same Neither shall any convey or cause to be conveyed any money or other thing towards the maintainance of any such Children or Person already gone or sent or to go or to be sent and trained and instructed as aforesaid or under the name of Charity towards the relief of any such Society or Religious House on pain after conviction in the aforesaid cases to be disabled to sue or use any Action Bill Plaint or Information in Law or Prosecute any Suit in Equity c. As in the next precedent Statute here abstracted and abridged 25. Carol. ● All Persons that shall bear any Office Civil or Military or receive any Pay Sallary Fee or Wages by reason of any Patent or Grant from his Majesty or shall have Command or Place of Trust from or under his Majesty or from any of his Predecessors or by his or their Authority or by Authority derived from him or them or shall be of the Houshold or in the Service or Employment of His Majesty or the Duke of York who shall inhabit reside or be in or within thirty miles of London or Westminster at any time during Easter Term 1673. shall before the end of that Term or Trinity Term following appear in the Court of Chancery or Kings Bench and there in open Court between Nine and Twelve in the Forenoon take the Oaths of Supremacy and Allegiance and all the said Persons not having taken the said Oaths in the said Courts shall on or before August 1. 1673. at the Quarter Sessions for that County or Place where he or they shall be inhabit or reside on May 20. take the said Oaths in like manner And the said Officers shall receive the Sacrament of the Lords Supper according to the usage of the Church of England at or before August 1. 1673. in some Parish Church upon some Lords day immediately after Divine Service and Sermon All Persons that shall be admitted into any such Office c. or shall receive any Pay c. or have Command or be admitted into Service or Employment in the Housholds c. after the first day of Easter Term aforesaid and shall inhabit be or reside when so admitted in or within thirty miles of London or Westminster shall take the said Oaths in the said respective Courts in the manner aforesaid the next Term after such their admittance And all such Persons to be admitted after the said first day of Easter Term not having taken the Oaths in the Courts aforesaid shall take then at the Quarter Sessions for the County or Place where they shall reside next after such admittance And all Persons so to be admitted as aforesaid shall receive the Sacrament of the Lords Supper in the manner aforesaid within three months after their admittance And every of the Persons in the Court where he takes the Oaths shall first deliver a Certificate of such his receiving the said Sacrament as aforesaid under the hands of the Minister and Church-Wardens and shall then make proof of the truth thereof by two credible Witnesses at the least upon Oath All which shall be inquired of and put upon Record in the Respective Courts to take the said Oaths and Sacrament upon penalty that the Offices and Employments of all Persons neglecting or refusing be and are adjudged void and the Persons ipso facto adjudged uncapable to have or enjoy the same or any profit thereto appertaining And further if they shall execute the Offices or Employments after the time wherein they ought to have taken them and being thereupon lawfully convicted shall be disabled to sue in Law or Equity or to be a Guardian Executor or Administrator or to be capable of any Legacy or Deed of Gift or to bear any Office and shall forfeit 500. l. to be recovered by the Prosecutor Persons not bred up by their Parents in the Popish Religion and professing themselves to be Popish Recusants that shall breed up or suffer their Children to be educated in the Popish Religion upon conviction shall be disabled to bear any Office or Place of Trust or Profit and the said Children likewise disabled till they shall be reconciled and converted to the Church of England c. At the same time the Persons concerned shall take the said Oaths they shall make and subscribe a Declaration in the Act specified against Transubstantiation under the same Penalties and Forfeitures Proviso's for the Peerage and other Priviledges and Profits of Peers for Pensions granted upon valuable considerations for Estates of Inheritance granted for Pensions granted to Persons instrumental in the King's preservation after the Battle at Worcester for Offices of Inheritance for Infants Feme-coverts Persons beyond Sea and non compus mentis for Constables and such inferior Officers This is the sum and substance of all the Statute-Laws against Jesuits Priests and Popish Recusants which for the benefit of my Countrey men I have abstracted out of the large Volume of the Statute-Books and here brought them to this narrow compass but read them at large for thy better satisfaction Farewel FINIS
Concealers misprision of Treason unless within six weeks they discover them to some Privy Counsellor c. Agnus Dei Crosses c. 3. If any bring into the Queens Dominion any Agnus Dei Crosses Pictures Beads or any such vain and superstitious thing or deliver or offer the same to any Person to be used the Person so doing and the Person receiving the same shall incur a Praemunire but if the Person to whom the render is made apprehend the Person tendring it and bring him before a Justice of Peace or being unable so to do shall within three days disclose his name and aboad or resort unto the Ordinary or some Justice of Peace within the same County or having received the same do within three dayes deliver it to some Justice of Peace he shall incur no prejudice by this Act. Justices of the Peace Privy Council 4. The Justice of Peace shall disclose the offences aforesaid to the Privy Counsel within fourteen dayes after notice to him upon pain of Praeminure 23 Eliz. cap. 1 Withdrawing the Subj from their obedience 1. By this Statute it is high Treason to have or pretend to have power or to put in practice to absolve perswade or withdraw any Person within the Queens Dominions from their natural Obedience to the Queen and her Successors or to withdraw them for the intent from the Religion now established to the Romish Religion and they also who shall be so withdrawn willingly together with their Procurers and Counsellors shall be guilty of the same offence Aiders and Maintainers 2. Their Aiders and Maintainers who discover them not within ten dayes to some Justice of Peace or higher Officer shall be adjudged guilty of Misprision of Treason Saying Mass 3. None shall say or sing Mass on pain of two hundred Marks and suffer one years Imprisonment and not to be enlarged till the Fine be paid Hearing Mass And none shall hear Mass on pain of a years Imprisonment and an hundred Marks Forfeitures 4. There shall be a third part of these forfeitures to the Queen a third part to the poor of the Parish where the offence is committed and a third part to the Prosecutor Covenous Grants 5. All covenous grants to avoid the Queens Interest or other persons that may claim by this Act or 13. Eliz. cap. 2. shall be adjudged void 27. Eliz. cap. 2. 1. By this Statute all Jesuites Seminary Priests or any Ecclesiastical persons born within the Queens Dominions and ordained or made such by the pretended Jurisdiction of the See of Rome which come into or remain in any of the said Queens Dominions shall be adjudged guilty of high Treason Jesuites c. The receivers aiders c. and their receivers aiders and maintainers knowing them to be such and at liberty shall be adjudged Fellons without benefit of Clergy Persons brought up in Seminaries beyond Sea 2. All others brought up in Seminaries beyond Sea and not as yet in Orders as aforesaid which do not within six Months after Proclamation made in London in that behalf return into this Realm and within two days after their return before the Bishop of the Diocess or two Justices of the Peace of the County where they arrive submit themselves to the Queen and her Laws and take the Oath of Supremacy they shall be adjudged guilty of high Treason Sending relief to such Seminaries 3. They who give or send relief to any such Ecclesiastical Person or Seminary or to any brought up there as aforesaid shall incur a Praemunire Where the Offences are punishable 4. These Offences are to be heard and determined in the Kings-Bench or in the County where they shall be committed or the Offender taken Submission 5. This Act not to extend to any Jesuite c. as aforesaid who within three days after his arrival shall submit himself to some Arch-bishop or Justice of Peace of the County where he lands and there takes the Oath of Supremacy and under his hand acknowledges to continue in obedience to her Majesties Laws The penalty of knowing a Jesuite or Priest and concealing ●●m 6. He that knows a Jesuite or Priest to remain within any the Queens Dominions and doth not within twelve days discover the same to some Justice of the Peace shall be fined and suffer Imprisonment during pleasure and the Justice of Peace that doth not within twenty eight days after disclose it to some of the Privy Council c. shall forfeit two hundred Marks Oaths Submissions c. to be certified 7. All Oaths and Submissions c. as aforesaid shall be certified into Chancery by the party before whom they are taken within three months on pain of an hundred pounds Those that submit not to come to Court within ten years or within ten miles of it 8. None submitting as aforesaid shall within ten years after come within ten miles of the Court on pain to lose the benefit of his submission 29. Eliz. cap. 6. Grants of Papists 1. By this Statute the Grants and Incumbrances or limitation to uses made by Papists not coming to Church according to the 23. Eliz. cap. 1. and which are revocable by the Offenders intended for his maintenance or in consideration whereof he and his Family are to be kept shall be void against the Queen c. to hinder her for the forfeiture of their not coming to Church or saying hearing or being at Mass but this Act is not to extend to Grants made Bona Fide nor to continue the seizure after the death of the Offender c. Two parts of the Goods and third part of the Lands of Papists 2. The Queen may seize two parts of the Goods and two third parts of the Lands of such Popish Offenders as shall not after their Conviction pay into the Exchequer twenty pounds a month 35. Eliz. cap. 2. Papists after Conviction to repair to their dwellings 1. By this Act all Popish Recusants above sixteen years Old shall within forty days after their Conviction repair to their usual dwelling and not remove above five miles from thence on pain to forfeit all their Goods and Lands and Annuities during life and if they have no certain aboad they are to repair where they were born or where their Fathers and Mothers dwell and within twenty days after their arrival there to give in their Names to the Constables Headboroughs and Minister and the Minister is to keep a Book of their names and he and the said Constables and Headborroughs to certifie the same to the quarter Sessions c. Copy-holder Papist 2. A Copy-holder in this case shall forfeit his Estate for life if it continue so long to the Lord of the Mannor if no Recusant Convict or seized possessed to the use of a Recusant but if so then the Queen c. shall have it Those that after Convection will not repair to
other for the Recusants use and the Kings Lessee of the said two parts is to give security not to commit waste Oath of Allegiance 9. The Bishop of the Diocess or two Justices of the Peace one being of the Quorum may out of Sessions tender the Oath of Allegiance mentioned in haec verba in this Act to which the Reader is referred to any person being eighteen years of age except Noble-men and Noble-Women which stand Convicted or Indicted of Recusancy c. or passing through the Countrey and examined on Oath confesseth or at least denyeth not that he or she is a Recusant and the Bishop or Justices are to certifie the Premises and the name and aboad of the party to the next Sessions where the Clerk of the Peace or Town Clerk are to record the same And if they refuse to take the Oath or to answer upon Oath they are to bind them to the next Sessions and if they refuse here to take it again Premunire they incur a Premunire Women Covert except Women Covert who in that case are to suffer Imprisonment till they take it Names to be subscribed Indictment not to be reversed for want of form 10. If they take the Oath they are to subscribe their Names or Marks no Indictment against such as are Recusants shall be reversed for lack of form but only by direct Traverse But if they conform they may be admitted to traverse or discharge it Who shall go out of the Realm to serve a Forreign Prince 11. None shall go out of the Realm to serve any Forreign Prince or State without taking the said Oath of Allegiance and if he have born Office as a Souldier he shall enter into Bond to the Kings use with condition as in this Act is at large expressed in haec Verba to which the Reader is referred or else to be adjudged a Fellon Customers and Comptrollers of Ports to take Bonds 12. The Customers or Comptrollers of Ports only and their Deputies may take such Bonds and minister the said Oath in this case which they are every year to certifie into the Exchequer Bond. the Bond on pain of five pounds and the Oath on pain of twenty shillings Withdrawing Kings Subjects from their obedience 13. To absolve or withdraw the Kings Subjects from their Natural Obedience to reconcile them to the See of Rome or to move them to promise it c. or to be absolved withdrawn reconciled or make promise as aforesaid High Treason is high Treason Reconciliation 14. This Clause of Reconcilement as to the point of reconcilement only shall not extend to any that shall return into the Realm and within six weeks after shall before the Bishop c. submit himself to the King and his Laws and take the Oaths of Supremacy and Allegiance Excommunicate Recusants 15. The Sheriff upon a lawful Writ may justifie to break a house for taking an Excommunicate Recusant Action against a Officer for doing his duty c. 16. If an Action be brought against an Officer for execution of this Act he may plead the General Issue and give the special matter in evidence Wives Offence 17. None shall be punished for his Wives offence nor shall a married Woman be chargeable with any penalty or forfeiture by force of this Act. Oath of Allegiance 18. Six of the Privy Counsel whereof the Chancellor Treasurer or Principal Secretary to be one may minister the Oath of Allegiance Noble men Noble Women to any Noble Man or Noble Woman unmarried of or above eighteen years of age and if they refuse it they incur a Praemunire Warden of Cinque Ports 19. The Warden of the Cinque-Ports or some by his appointment shall take the Bond and minister the Oath aforesaid to any person passing beyond Sea out of them i. e. the Cinque-Ports or any of their Members 3. Jac. cap. 5. By this Statute He that within three days notice discovers to a Justice of Peace Entertaining a Popish Priest any that entertains a Popish Priest or any that have heard or said Mass Mass shall have a third part of the forfeiture due for the said offences if the whole exceed not an hundred fifty then onely fifty pounds thereof to be paid him by the Sheriff who shall leavy the same Convicted Recusants not to come to Court on pain of an 100 l. 2. No Convicted Recusant shall come into Court without command from the King or Warrant from the Privy Counsel under their hands on pain of an hundred pounds one moiety to the King the other to the Discoverer Convict Recusants not to be in London or ten miles of it unless he be a Tradesman on pain of 100. l. 3. A Popish Recusant Convict or Indicted for not coming to Church for three months together and remaining in London or within ten miles distance shall within ten days after such Conviction or Indictment depart thence and shall deliver their names if in London to the Lord Mayor there and if in the Countrey to the next Justice of the Peace on pain of an hundred pounds to be divided between the King and the Prosecutor but this is not to extend to Tradesmen that have no other habitation in or within ten miles of London Licence must be procured by a Recusant to go about his occasions c. 4. A Recusant may go about his own occasions by Licence from the King or three Privy Counsellors under their hands or four Justices of Peace under their hands and Seals with the assent in writing of the Bishop Lieutenant or Deputy Lieutenant of the same County notwithstanding the Statute of 35. Eliz. cap. 2. which Licence is not to be granted by the said Justices till the party make Oath of the true reason of his Journey and that he will make no needless stay No Convict Recusant may practice Law Physick c. or bear Office in any Castle c. 5 No convicted Recusant shall practice the Common Law Civil Law Physick or the Art of the Apothecary or be an Officer of or in any Court or bear any Office among Souldiers or in a Ship Castle or Fortress on pain of an hundred pound to be divided between the King and the Persecutor Popish Recusant Convict or whose Wefe is such may not bear Office c. 6. No Popish Recusant Convict or whose Wife is a Popish Recusant Convict shall exercise any publick Office in the Cnmmon Wealth by himself or his Deputy unless he bring up his Children in the true Religion and together with his Children and Servants repair to the Church and receive the Sacraments as the Law requires What a married Woman being a Recusant Convict shall forfeit 7. A married Woman being a Popish Recusant Convict her Husband being none that doth not conform her self as aforesaid by the space of one whole year before her