Periam Justices of Assize by vertue of their Commission of Oyer and Terminer For the Certificate here mentioned which is to be sent into the Kings Bench is required only of the Justices of Assize and Justices of Peace And of Oyer and Terminer But Justices of Oyer and Terminer upon Indictments taken before them may proceed to hear and determine as Manwood and Periam did in that Case as well for the first as second Offence Savile 46. 47. C. 99. For which first Offence in extolling the Bishop of Romes Authority it seems the Justices of Assize who have a Commission of Oyer and Terminer have their election either as Justices of Assize to inquire only and then they must certifie the Presentment or Indictment into the Kings Bench or to inquire hear and determine as they are Justices of Oyer and Terminer and then they are not bound to certifie For Commissioners of Oyer and Terminer are not within the meaning of this Branch of the Statute as was held in that Case of Slade and Bodye By what hath been said it appears that the question there put by Ayloffe scil how they could proceed upon such an Indictmen not certified into the Kings Bench within forty days was grounded upon a double mistake 1. That Justices of Oyer and Terminer were bound to certifie into the Kings Bench all Indictments for extolling the Authority of the Bishop of Rome taken before them 2. That Indictments for the second Offence were within the meaning of this Branch of the Statute For he speaks there of the second Indictment which was for High Treason Every Presentment Presentment what By Presentment here is to be understood not only that which is properly so called which the Jurors find and present to the Court without any former Indictment delivered them but also an Indictment which is drawn and ingrossed in form of Law and delivered to the Jurors to be inquired of which Indictment the Justices here named have power to take by force of the word inquire and is included within the word Presentment being a species of it For every Indictment found by the Jurors is a Presentment and the Record saith Juratores praesentant c. when they find an Indictment But every Presentment is not an Indictment Co. 2. Inst. 739. And as well the one as the other touching the Offences aforesaid must be certified into the Kings Bench. If the Term be then open First day of the Term. The Essoin day is the first day of the Term properly so called and on that day the Term is open At the first day of full Term. That is Quarto die post Full Term. which is the usual day of appearance and the first day of every Term in common reputation For the Essoin day is the first day of the Term only to some particular intents and 't is not full Term till quarto die post Savile 124. Co. 193. Matthew vers Harcourt So that if the Forty days expire on the day before the Essoin day the Presentment need not be certified until quarto die post Presentments when to be certified which is the day of appearance but if they expire on the Essoin day or afterwards and before the quarto die post the Justices here named must not stay till the quarto die post but are bound to certifie by the last day of the Forty days under the penalty here limited for the Term was then open Stat. Sect. 4. Who shall take the Oath set forth A◠1 E. 1. And moreover be it Enacted by the Authority aforesaid That as well all manner of Persons expressed and appointed in and by the Act made in the first year of the Quéens Majesties Reign that now is intituled an Act restoring to the Crown the antient Iurisdiction over the estate Ecclesiastical and Spiritual and abolishing all Forraign Powers repugnant to the same to take the Oath expressed and set forth in the same As all other Persons which have taken or shall take Orders commonly called Ordines Sacros or Ecclesiastical Orders have béen or shall be promoted preferred or admitted to any Degreé of Learning in any Vniversity within this Realm or Dominions to the same belonging And all Schoolmasters and publick and private Teachers of Children as also all manner of Person and Persons that have taken or hereafter shall take any Degreé of Learning in or at the Common Laws of this Realm as well utter Barristers as Benchers Readers Ancients in any House or Houses of Court and all principal Treasurers and such as be of the grand Company of every Inn of Chancery and all Attorneys Prothonotaries and Philizers towards the Laws of this Realm and all manner of Sheriffs Escheators and Feodaries and all other Person and Persons which have taken or shall take upon him or them or have béen or shall be admitted to any Ministry or Office in at or belonging to the Common Law or any other Law or Laws of to or for the Execution of them or any of them used or allowed or at any time hereafter to be used or allowed within this Realm or any of the Dominions or Countries belonging or which hereafter shall happen to belong to the Crown or Dignity of the same and all other Officers or Ministers of or towards any Court whatsoever and every of them shall take and pronounce a Corporal Oath upon the Evangelists before he or they shall be admitted allowed or suffered to take upon him or them to use exercise supply or occupy any such Vocation Office Degrée Ministry Room or Service as is aforesaid and that in the open Court whereunto he doth or shall serve or belong And if he or they do not or shall not serve or belong to any Ordinary or open Court then he or they shall take and pronounce the Oath aforesaid in an open place before a convenient Assembly to witness the same and before such Person or Persons as have or shall have Authority by common use or otherwise to admit or call any such Person or Persons as is aforesaid to any such Vocation Office Ministry Room or Service or else before such Person or Persons as by the Queéns Highness her Heirs or Successors by Commission under the Great Seal of England shall be named or assigned to accept and take the same according to the tenor effect and form of the same Oath Verbatim which is and as it is already set forth to be taken in the aforesaid Act made in the First year of the Queéns Majesties Reign Admitted to any Ministry or Office What Officers are to take the Oath of Supremacy All persons who are preferred to any such Ministry or Office whether of the gift of the King or of a Subject are bound to take this Oath and not only such as are preferred by the King as 't is restrained in the late Additions to Dalton Cap. 81. tit Recusants Sect. 9. Belonging to the Common Law
suprema Ecclesiastica qua fungitur for so are the words in the Charter there Plowden 497 498 500. Vide Co. 5. 10. Cawdries Case Co. 11. 10 11. Pridle and Nappers Case And where the King is Patron an Appropriation may be made by him alone Addition to Popham 145. And as he is supream Head and supream Ordinary a Resignation Resignation made to him of a Deanry is as good as if it were made to the Bishop Dyer 12 13 Eliz. 293. Pollard and Walronds Case Plowden 498. Palmer 493. Hayward and Fulchers Case And that your Highness your Heirs and Successors Stat. Sect. 6. The Queen may assign Commissioners to exercise Ecclesiastical Jurisdiction Kings or Queens of this Realm shall have full Power and Authority by vertue of this Act by Letters Patents under the Great Seal of England to assign name and authorize when and as often as your Highness your Heirs or Successors shall think meet and convenient And for such and so long time as shall please your Highness your Heirs or Successors such person or persons being natural born Subjects to your Highness your Heirs or Successors as your Majesty your Heirs or Successors shall think meet to exercise use occupy and execute under your Highness your Heirs and Successors all manner of Iurisdictions Priviledges and Preheminencies in any wise touching or concerning any Spiritual or Ecclesiastical Iurisdiction within these your Realms of England and Ireland or any other your Highnesses Dominions and Countries And to visit reform redress order correct and amend all such Errors Heresies Schisms Abuses Offences Contempts and Enormities whatsoever which by any manner of Spiritual or Ecclesiastical Power Authority or Iurisdiction can or may lawfully be reformed ordered redressed corrected restrained or amended to the pleasure of Almighty God the increase of Virtue and the conservation of the Peace and Vnity of this Realm And that such person or persons so to be named assigned authorized and appointed by your Highness your Heirs or Successors after the said Letters Patents to him or them made and delivered as is aforesaid shall have full Power and Authority by virtue of this Act and of the said Letters Patents under your Highness your Heirs or Successors to exercise use and execute all the premisses according to the tenor and effect of the said Letters Patents Any matter or cause to the contrary in any wise notwithstanding High Commission Court The Jurisdiction and Authority here by given to the late Court commonly called the High Commission Court are now taken away by Act of Parliament but the Power here given the Queen to constitute such Commissioners was no more than she had before by ancient Prerogative and the Laws of England For thereby she might have made such an Ecclesiastical Commission if this Act of 1 Eliz. had never been made Co. 5.8 9. Cawdries Case Cro. Trin. 2. Jac. 37. Stat. Who are compellable to take the Oath Ecclesiastical Persons and Officers Judge Justice Mayor Temporal Officer He that hath the Queens Fee And for the better observation and maintenance of this Act may it please your Highness That it may be further enacted by the Authority aforesaid That all and every Archbishop Bishop and all and every other Ecclesiastical person and other Ecclesiastical Officer and Minister of what Estate Dignity Preheminence or Degree soever he or they be or shall be and all and every temporal Iudge Iustice Mayor and other Lay or Temporal Officer and Minister and every other person having your Highnesses Fees or Wages within this Realm or any your Highnesses Dominions shall make take and receive a corporal Oath upon the Evangelist before such person or persons as shall please your Highness your Heirs or Successors under the Great Seal of England to assign and name to accept and to take the same according to the tenor and effect hereafter following that is to say I A. B. do utterly testifie and declare in my Conscience The Oath for the Queens Supremacy That the Queens Highness is the only Supream Governour of this Realm and of all other Her Highness Dominions and Countries as well in all Spiritual or Ecclesiastical Things or Causes as Temporal And that no Forreign Prince Person Prelate State or Potentate hath or ought to have any Jurisdiction Power Superiority Preheminence or Authority Ecclesiastical or Spiritual within this Realm And therefore I do utterly renounce and forsake all Forreign Jurisdictions Powers Superiorities and Authorities and do promise that from henceforth I shall bear Faith and true Allegiance to the Queens Highness her Heirs and lawful Successors and to my Power shall assist and defend all Jurisdictions Priviledges Preheminences and Authorities granted or belonging to the Queens Highness her Heirs and Successors or united and annexed to the Imperial Crown of this Realm So help me God and by the Contents of this Book And that it may also be Enacted The penalty for refusing the Oath That if any such Archbishop Bishop or other Ecclesiastical Officer or Minister or any of the said Temporal Iudges Iusticiaries or other Lay-Officer or Minister shall peremptorily or obstinately refuse to take or receive the said Oath That then he so refusing shall forfeit and lose only during his life all and every Ecclesiastical and Spiritual Promotion Benefice and Office and every Temporal and Lay-Promotion and Office which he hath solely at the time of such refusal made And that the whole Title Interest and Incumdency in every such Promotion Benefice and other Office as against such person only so refusing during his life shall clearly cease and be void as though the party so refusing were dead And that also all and every such person and persons so refusing to take the said Oath shall immediately after such refusal be from thenceforth during his life disabled to retain or exercise any Office or other Promotion which he at the time of such refusal hath joyntly or in Common with any other person or persons And that all and every person and persons that at any time hereafter shall be preferred promoted or collated to any Archbishoprick or Bishoprick or to any other Spiritual or Ecclesiastical Benefice Promotion Dignity or Office or Ministry or that shall be by your Highness your Heirs or Successors preferred or promoted to any Temporal or Lay-Office Ministry or Service within this Realm or in any your Highness Dominions before he or they shall take upon him or them to receive use exercise supply or occupy any such Archbishoprick Bishoprick Promotion Dignity Office Ministry or Service shall likewise make take and receive the said Corporal Oath before mentioned upon the Evangelist before such persons as have or shall have Authority to admit any such person to any such Office Ministry or Service or else before such person or persons as by your Highness your Heirs or Successors by Commission under the Great Seal of England shall be named assigned or appointed to minister the
Act of Repeal made in the said first and second years of the Reigns of the said late King Philip and Quéen Mary as doth in any wise touch or concern any matter or cause of Praemunire or that doth make or ordain any matter or cause to be within the Case of Praemunire but that the same for so much only as toucheth or concerneth any Case or matter of Praemunire shall stand and remain in such force and effect as the same was before the making of this Act Any thing in this Act contained to the contrary in any wise notwithstanding Provided also and be it enacted by the Authority aforesaid Offences committed against Statutes revived That this Act or any thing therein contained shall not in any wise extend or be prejudicial to any person or persons for any Offence or Offences committed or done or hereafter to be committed or done contrary to the tenour and effect of any Act or Statute now revived by this Act before the end of thirty days next after the end of the Session of this present Parliament Any thing in this Act contained or any other matter or cause to the contrary notwithstanding Stat. Sect. 11. Trial of Peers And if it happen that any Peér of this Realm shall fortune to be indicted of and for any Offence that is revived or made Praemunire or Treason by this Act that then he so being indicted shall have his Trial by his Péers in such like manner and form as in other Cases of Treason hath been used Provision for Trial of Peers The provision made in this and other Acts of Parliament for the Trial of a Peer by his Peers in case of Treason where he was to be tried according to the course of the Common Law is Ex abundanti and he should have such Trial if no such Proviso were inserted the like in the Case of Felony Stamford Pl. Coron 153. Stat. Sect. 12. No matter of Religion c. made by this Parliament shall be adjudged Error Heresie or Schism Provided always and be it enacted as is aforesaid That no manner of Order Act or Determination for any matter of Religion or cause Ecclesiastical had or made by the Authority of this present Parliament shall be accepted deémed interpreted or adjudged at any time hereafter to be any Error Heresie Schism or schismatical Opinion Any Order Decreé Sentence Constitution or Law whatsoever the same be to the contrary notwithstanding What things the Commissiners may adjudge to be Heresie Provided always and be it enacted by the Authority aforesaid That such person or persons to whom your Highness your Heirs or Successors shall hereafter by Letters Patents under the Great Seal of England give Authority to have or execute any Iurisdiction Power or Authority Spiritual or to visit reform order or correct any Errors Heresies Schisms Abuses or Enormities by virtue of this Act shall not in any wise have Authority or Power to Order determine or adjudge any matter or cause to be Heresie but only such as heretofore have been determined ordered or adjudged to be Heresie by the Authority of the Canonical Scriptures The Scripture Four general Counsels or by the first four general Counsels or any of them or by any other general Counsel wherein the same was declared Heresie by the express and plain words of the said Canonical Scriptures or such as hereafter shall be ordered judged or determined to be Heresie by the high Court of Parliament of this Realm with the assent of the Clergy in their Convocation Any thing in this Act contained to the contrary notwithstanding None shall be indicted or arraigned but by Witnesses And be it further enacted by the Authority aforesaid That no person or persons shall be hereafter indicted or arraigned for any of the Offences made ordained revived or adjudged by this Act unless there be two sufficient Witnesses or more to testifie and declare the said Offences whereof he shall be indicted or arraigned And that the said Witnesses or so many of them as shall be living and within this Realm at the time of Arraignment of such person so indicted shall be brought forth in person face to face before the party so arraigned and there shall testifie and declare what they can say against the party so arraigned if he require the same Provided also A Proviso for them that give relief to Offenders and be it further enacted by the Authority aforesaid That if any person or persons shall hereafter happen to give any relief aid or comfort or in any wise be aiding helping or comforting to the person or persons of any that shall hereafter happen to be an Offender in any matter or case of Praemunire or Treason revived or made by this Act that then such relief aid or comfort given shall not be judged or taken to be any Offence unless there be two sufficient Witnesses at the least that can and will openly testifie and declare that the person or persons that so give such relief aid or comfort had notice and knowledge of such Offence committed and done by the said Offender at the time of such relief aid or comfort so to him given or ministred Any thing in this Act contained or any other matter or cause to the contrary in any wise notwithstanding And where one pretenced sentence hath heretofore béen given in the Consistory in Pauls before certain Iudges De Legate by the Authority Legantine of the late Cardinal Poole by reason of a Forreign usurped Power and Authority against Richard Chetwood Esq and Agnes his Wife Chetwoods Appeal to the Court of Rome by the name of Agnes Woodhull at the suit of Charles Tyrrel Gent. in a Cause of Matrimony solemnized betweén the said Richard and Agnes as by the same pretended Sentence more plainly doth appear from which Sentence the said Richard and Agnes have appealed to the Court of Rome which Appeal doth there remain and yet is not determined May it therefore please your Highness that it may be enacted by the Authority aforesaid That if Sentence in the said Appeal shall happen to be given at the said Court of Rome for and in the behalf of the said Richard and Agnes for the reversing of the said pretenced Sentence before the end of threéscore days next after the end of this Session of this present Parliament that then the same shall be judged and taken to be good and effectual in the Law and shall and may be used pleaded and allowed in any Court or Place within this Realm Any thing in this Act or in any other Act or Statute contained to the contrary notwithstanding And if no Sentence shall be given at the Court of Rome in the said Appeal for the reversing of the said pretenced Sentence before the end of the said thréescore days that then it shall and may be lawful for the said Richard and Agnes and either of them at any time hereafter to
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
Common Law preferred or other Law or Laws used or allowed within this Realm c. This takes in so much of the Canon and Civil Law as is allowed here But the Common Law as the peculiar Law of this Kingdom is here preferred and particularly mentioned and not the Canon Law as is erroneously said in the late Additions to Dalton Cap. 81. tit Recusants Sect. 11. As have or shall have Authority by Common use c. Who are to administer the Oath The Statute saith not That those who belong not to any Court shall take the Oath before those who are authorized by Common use to give it as Wingate tit Crown numb 20. mistakes the meaning of this Clause For this being then a new Oath devised by the makers of the Act of 1 Eliz. no person could have Authority by Common use to administer it And the Act plainly enough speaks of those who have Authority by Common use to admit the party to the Office and not Authority by Common use to give the Oath And also Stat. Sect. 5. The Bishop may tender the Oath to any Spiritual person Be it Enacted by the Authority of this present Parliament That every Archbishop and Bishop within this Realm and Dominions of the same shall have full Power and Authority by virtue of this Act to tender or minister the Oath aforesaid to every or any Spiritual or Ecclesiastical person within their proper Diocess as well in Places and Iurisdictions exempt as elsewhere If a man be Indicted for refusing this Oath before him who is reputed to be Bishop of the Diocess Bishop or not Bishop and he plead to the Indictment Non culp he may upon that issue give in Evidence Quod non fuit Episcopus tempore oblationis Sacramenti Dyer 6 7 Eliz. 234. Bonners Case Stat. Sect. 6. The Lord Chancellor may direct Commissions to take the Oath of any person And be it Enacted by the Authority aforesaid That the Lord Chancellor or Kéeper of the Great Seal of England for the time being shall and may at all times hereafter by vertue of this Act without further Warrant make and direct Commission or Commissions under the Great Seal of England to any person or persons giving them or some of them thereby Authority to tender and minister the Oath aforesaid to such person or persons as by the aforesaid Commission or Commissions the said Commissioners shall be authorized to tender the same Oath unto The penalty for the first refusal of the Oath And be it also further Enacted by the Authority of this present Parliament That if any person or persons appointed or compellable by this Act or by the said Act made in the said first year to take the said Oath Or if any person or persons to whom the said Oath by any such Commission or Commissions shall be limited and appointed to be tendred as is aforesaid do or shall at the time of the said Oath so tendred refuse to take or pronounce the said Oath in manner and form aforesaid that then the party so refusing and being thereof lawfully Indicted or presented within one year next after any such refusal and convicted or attainted at any time after according to the Laws of this Realm shall suffer and incur the dangers penalties pains and forfeitures ordained and provided by the Statute of Provision and Praemunire aforesaid made in the 16th year of the Reign of King Richard the second Stat. Sect. 7. Certificate of Refusal into the Kings-Bench And furthermore be it Enacted by the Authority aforesaid That all and every such person and persons having Authority to tender the Oath aforesaid shall within forty days next after such refusal or refusals of the said Oath if the Term be then open and if not then at the first day of the full Term next following the said forty days make true Certificate under his or their Seal or Seals of the names places and degrees of the person or persons so refusing the same Oath before the Quéen her Heirs or Successors in her or their Court commonly called the Kings-Bench upon pain that every of the said persons having such Authority to tender the said Oath making default of such Certificate shall for every such default forfeit 100 l. to the Queens Highness her Heirs or Successors And that the Sheriff of the County where the said Court commonly called the Kings-Bench shall for the time be holden shall or may by vertue of this Act impannel a Iury of the same County to enquire of and upon every such refusal and refusals Indictment of the Offender Which Iury shall or may upon every such Certificate and other Evidence to them in that behalf to be given by vertue of this Act proceed to Indict the person and persons so offending in such sort and degree to all intents and purposes as the same Iury may do of any Offence or Offences against the Queens Majesties Peace perpetrated committed or done within the same County of and for the which the same Iury is so Impannelled Terme When the Term Term. is open and which is the first day of full Term Vide supra Sect. 3. Make true Certificate c. in the Kings-Bench Certificate of refusal by whom brought in not material It is not necessary that it be mentioned of Record in the Kings-Bench how or by whom the Certificate was brought in thither And in Bonners Case where the Bishop of Winchester certified the refusal of this Oath And exception was taken that the Certificate was entred to be brought into Court per A. B. Cancellarium dicti Episcopi but not per mandatum Episcopi the exception was dissallowed for that reason Dyer 6. 7. Eliz. 234. Impannel a Iury of the same County to inquire A Jury of the County where the Kings-Bench is And a Jury of the County where the Kings-Bench is can do no more in this Case then inquire that is Indict the party refusing the Oath unless where the refusal is in the same County Horne Bishop of Winchester tendred this Oath in Surrey parcel of his Diocess to Bonner then late Bishop of London By what Jury the Offender shall be Tryed who refused to take it and this was certified by the Bishop of Winchester into the Kings-Bench then sitting at Westminster in the County of Middlesex where Bonner was Indicted by a Jury of that County according to this Act the Question was by what County he should be Tryed whether by a Jury of Middlesex where the Indictment was taken or by a Jury of Surrey where the offence was committed And it was resolved that he should be Tryed by a Jury of Surrey for this Statute extendeth to the Indictment only and leaveth the Trial to the Common Law which appoints it to be where the Offence is committed for regularly by the Common Law debet quis juri subjacere ubi deliquit Dyer 6. 7. Eliz. 234. Co. 3.
Dalton cap. 140. tit High Treason Sect. 13. 't is said That the Clause in this Statute touching those who receive relieve or maintain a Jesuit Receiving or relieving a Jesuit Priest c. at this day is Felony by this Act. c. relates only to such as had before that time taken Orders which conceit I suppose is grounded upon those words viz. who at the end of the said forty days and after such time of departure as aforesaid shall receive c. as if no Jesuit or Priest were here intended but such an one as was then a Jesuit or Priest and had forty days given him for his departure nor no person a Felon by this Act who receives or relieves any other But the words here viz. such Iesuit c. seem to be more extensive and to relate as well to the receivers or relievers of a Jesuit or Priest in Orders at this day as to those who were in Orders at the time of making this Statute And if we weigh the Grammatical construction of the words with much more reason the former then the later For the proximum antecedens to such is the Jesuit or Priest who was to be made ordained or professed and not he that was then made ordained or professed already And those words in this Clause of relieving viz. Every person which after the end of the same forty days c. shall receive c. that is forty days next after the end of that Session of Parliament may well be construed to extend to all Cases as well of receiving or relieving such who should be afterwards in Orders and should be found within the Realm for the time to come at any time after those forty days as of such who were then in Orders and were to depart before the forty days were expired so that the receiving relieving or maintaining of a Jesuit Popish Priest or other Popish Ecclesiastical person at liberty and known by the party to be such is Felony at this day by this Act and the Offender shall lose the benefit of his Clergy and so hath the Law been taken upon Actions of the Case for saying the Plaintiff kept a Seminary Priest or Jesuit in his House knowing him to be such Cro. Pasch 10 Jac. 300. Smith versus Flynt Palmer 410. Clerke and Loggins Case And be it further Enacted by the Authority aforesaid Stat. Sect. 4. They which be in Seminaries shall after Proclamation return and take the Oath If any of her Majesties Subjects not being a Iesuit Seminary Priest or other such Priest Deacon or Religious or Ecclesiastical person as is before mentioned now being or which hereafter shall be of or brought up in any Colledge of Iesuits or Seminary already erected or ordained or hereafter to be erected or ordained in the parts beyond the Seas or out of this Realm in any Forraign parts shall not within six months next after Proclamation in that behalf to be made in the City of London under the great Seal of England return into this Realm and thereupon within two days next after such Return before the Bishop of the Diocess or two Iustices of Peace of the County where he shall arrive submit himself to her Majesty and her Laws and take the Oath set forth by Act in the first year of her Reign That then every such person which shall otherwise return come into or be in this Realm or any other her Highnesse Dominions for such Offence of returning or being in this Realm or any other her Highnesse Dominions without submission as aforesaid shall also be adjudged a Traytor and suffer lose and forfeit as in Case of High Treason Persons sent out of this Realm Return into this Realm and thereupon within two days c. By this word Return it seems that none are intended here but such as were sent out of this Realm For others born and resident in some other part of the Kings Dominions until their entry into such Collledge or Seminary cannot be properly said to return hither The Queens Laws And her Laws What Laws are here meant Vide Sect. 7. Whither a person sent beyond Seas must first return Or any other her Highnesse Dominions A Subject of the Kings sent out of England to a Popish Colledge or Seminary is commanded by Proclamation made in London to return into this Realm and within the six months here limited first goes into Ireland and then comes into England and within two days submits himself and takes the Oath of Supremacy In this Case notwithstanding his return into England within the six months he shall be guilty of High Treason For after such Proclamation he ought to have come directly into England and into no other of the late Queens Dominions before he had been in England and if he doth he comes into the said Dominions otherwise then is appointed by this Act For the intent of the Act seems to be That he should not remain in any of the said Dominions until he submits and takes the Oath which submission must be made and Oath taken in England within two days after his arrival here and not elsewhere And although the Oath of Supremacy be in force in Ireland yet his taking it there will not serve nor yet his submission there For he is to submit to the King and his Laws by which are intended the Laws of England and no other But a submission in Ireland to the Kings Laws can be taken to be of such Laws only as are in force in Ireland Trial in England of Treason done in Ireland And in this Case the Offender may be tryed here in England although his Offence was committed in Ireland and that by force of the Statute of 35 H. 8. Stat. 35 H. 8. 2. 1 2 Ph. Mar. 10. cap. 2. notwithstanding the Statute of 1 2 Ph. Mar. cap. 10. For it was resolved by all the Judges of England in the Case of Ororke 33 Eliz. that Treason committed in Ireland may be tryed in England And the like resolution was in Sir John Perrots Case 34 Eliz. Co. 7. 23. Calvins Case Co. 1. Inst. 261. Co. 3. Inst 11. Dyer 13 Eliz. 298. Dr. Stories Case Anderson 1. 263. C. 269. Ororkes Case And if a Subject of England who is a Peer of Ireland Trial of Peers be sent to any such Colledge or Seminary and offend as aforesaid he may be tried in England by a common Jury notwithstanding the offence was in Ireland where he is a Peer contrary to Dyer 19 20 Eliz. 360. where 't is said that Wray Dyer and Gerard Attorney General were of opinion That a Peer of Ireland cannot be tryed in England for Treason done in Ireland because he cannot here have his Tryal by his Peers but this is not Law and Sir Christopher Wray protested he never gave any such opinion but held the contrary Co. 1. Inst 261. And be it further Enacted by the Authority
perswades others so to do and not then neither unless he hath been absent from Church by the space of a month Where this Act extends to Popish Recusants Vnder colour or pretence of any exercise of Religion Although this Act is commonly called the Act against Sectaries as distinguished from those of the Romish profession yet in truth it extends to all Recusants whatsoever as well Popish as other except in the point of abjuration For the Popish service is performed under colour or pretence of exercise of Religion and the Assembly or Meeting of Popish Recusants under such colour or pretence is an Assembly or Meeting contrary to the Laws and Statutes And they as well as others may be Indicted upon this Statute if they forbear to come to Church for the space of a moneth and be present at any part of the Popish service or move or perswade ut supra And may be imprisoned without Bail until they conform and make submission as by this Act is appointed But they cannot be required to abjure unless they offend against the Statute of 35 Eliz. cap. 2. Stat. 35 Eliz. 2 A Popish Recusant is likewise subject to the Action of Debt c. given to the Queen by this Statute Being thereof lawfully convicted That is What conviction sufficient convicted both of his absence from Church and of that other Offence which makes him punishable by this Act viz. going to Conventicles or moving or perswading c. for his absence from Church for a month must be laid down precisely in the Indictment for without that the other is no Offence within this Act as hath been said And 't is not necessary that the party be convicted of such absence upon any Prior Indictment for although there was never any former conviction of him for Recusancy yet if he offend against this Act in any of the other particulars he may be convicted both of that Offence and of his absence upon one and the same Indictment And so was the Indictment in the Case of Lee and others who were Indicted upon this Statute at the Sessions of the Peace in Essex for absenting themselves for a month from Church and resorting to Conventicles To which they pleaded not guilty and the Indictment was removed into the Kings-Bench to be tried there Cro. Mich. 16 Car. 593. Trial. Provided always Stat. Sect. 2. An Offender not conforming himself abjure shall the Realm and be it further Enacted by the Authority aforesaid That if any such person or persons which shall offend against this Act as aforesaid shall not within thrée months next after they shall be convicted for their said Offence conform themselves to the obedience of the Laws and Statutes of this Realm in coming to the Church to hear Divine Service and in making such publick Confession and Submission as hereafter in this Act is appointed and expressed being thereunto required by the Bishop of the Diocess or any Iustice of the Peace of the County where the same person shall happen to be or by the Minister or Curate of the Parish That in every such Case every such Offender being thereunto warned or required by any Iustice of the Peace of the same County where such Offenders shall then be shall upon his and their Corporal Oath before the Iustices of the Peace in the open Quarter Sessions of the same County or at the Assizes and Goal delivery of the same County before the Iustices of the same Assizes and Goal delivery abjure this Realm of England and all other the Queéns Majesties Dominions forever unless her Majesty shall licence the party to return And thereupon shall depart out of this Realm at such Haven or Port and within such time as shall in that behalf be assigned and appointed by the said Iustices before whom such abjuration shall be made unless the same Offender be letted or stayed by such lawful and reasonable means or causes as by the Common Laws of this Realm are permitted and allowed in Cases of abjuration for felony And in such cases of let or stay then within such reasonable and convenient time after as the Common Law requireth in Case of abjuration for Felony as is aforesaid And that the Iustices of Peace before whom any such abjuration shall happen to be made as is aforesaid shall cause the same presently to be entred of Record before them and shall certifie the same to the Iustices of Assizes and Goal delivery of the County at the next Assizes of Goal delivery to be holden in the same County In what case the offender is not bound to abjure Being thereunto required by the Bishop c. or any Iustice of the Peace c. But put the Case that the Offender is convicted and the Three months next after his Conviction elapse before he is required by the Bishop or any Justice of Peace or the Minister or Curate of the Parish to conform and make the submission here appointed and afterwards he is required by one of them so to do It seems in this Case such request comes too late for he ought to conform and submit within the three months if he be required but if he be not required he is not bound to abjure for omitting it although he shall remain in prison till he conforms and submits But if within the three months he be required to conform and submit and refuse there is no question but he may be at any time afterwards warned or required to abjure Abjuration Abjure this Realm of England c. Vide Stat. 35 Eliz. cap. 2. Sect. 6. Stat. Sect. 3. The punishment for refusing to abjure not departing or returning without Licence And if any such Offender which by the tenor and intent of this Act is to be abjured as is aforesaid shall refuse to make Abjuration as is aforesaid or after such Abjuration made shall not go to such Haven and within such time as is before appointed and from thence depart out of this Realm according to this present Act or after such his departure shall return or come again into any her Majesties Realms or Dominions without her Majesties special Licence in that behalf first had and obtained That then in every such Case the person so offending shall be adjudged a Felon and shall suffer as in Case of Felony without benefit of Clergy Vide Stat. 35 Eliz. cap. 2. Sect. 7. Stat. 35 Eliâ— â— And furthermore be it Enacted by the Authority of this present Parliament Stat. Sâ—ct 4. An Offender shall be discharged upon his open submission That if any person or persons that shall at any time hereafter offend against this Act shall before he or they be so warned or required to make Abjuration according to the tenor of this Act repair to some Parish Church on some Sunday or other Festival day and then and there hear Divine Service And at Service time before the Sermon or reading of the Gospel make
enlarged of such Imprisonment or Restraint and shall be able to Travel repair to their place of dwelling where they usually heretofore made their common abode and shall not at any time after pass or remove above five miles from thence Stat. Sect. 2. Or to be convicted shall repair to his usual dwelling and not remove above five miles And also That every person being above the age of sixtéen years born within any her Majesties Realms or Dominions or made Denizen and having or which hereafter shall have any certain place of dwelling and abode within this Realm which being then a Popish Recusant shall at any time hereafter be lawfully convicted for not repairing to some Church Chappel or usual place of Common Prayer to hear Divine Service there but forbearing the same contrary to the said Laws and Statutes and being within this Realm at the time that they shall be convicted shall within forty days next after the same Conviction if they be not restrained or stayed by Imprisonment or otherwise as is aforesaid and in such Cases of restraint and stay then within twenty days next after they shall be enlarged of such Imprisonment or Restraint and shall be able to Travel repair to their place of usual dwelling and abode and shall not at any time after pass or remove above five miles from thence The punishment of an Offender upon pain that every person and persons that shall offend against the tenor and intent of this Act in any thing before mentioned shall lose and forfeit all his and their Goods and Chattels and shall also lose and forfeit to the Quéens Majesty all the Lands Tenements and Hereditaments and all the Rents and Annuities of every such person so doing or offending during the Life of the same Offender What Popish Recusants are not within this Act Born within any her Majesties Realms or Dominions or made Denizen So that all Popish Recusants are not within this Branch as Wingate tit Crown n. 78. mistakes For it extends not to an Alien who is born out of the Kings Leigeance unless he be made Denizen And which are In the late Additions to Dalton cap. 81. tit Recusants Sect. 14. this Clause is restrained to such as are born in England but it is clear that it extends to all the Kings natural Subjects if they live in England although they were born in Ireland or any other of the late Queens Dominions besides England Denizen who By Denizen is here to be understood an Alien who owes to the King an acquired Subjection or Allegiance whether he be made Denizen by the Kings Letters Patents or be naturalized by Act of Parliament For Naturalization includes all the priviledges of a Denizen and something more and every one who is naturalized is thereby made a Denizen although he that is made a Denizen by the Kings Letters Patents is not thereby naturalized Which being then a Popish Recusant This is the first penal Statute which was made against Popish Recusants by that name and as distinguished from other Recusants In the late Additions to Dalton cap. 81. tit Recusants Sect. 7. What is Recusancy it 's said That the matter of Recusancy stands in two particulars First absenting from the Church Secondly refusing the Oaths prescribed by 1 Eliz. 1. and 3 Jac. 4. Stat. 1 Eliz 1. 3 Jac. 4. But this description of Recusancy is either too narrow or too large For if the word Recusancy be taken in a large sense then the refusing to receive the Sacrament contrary to the Statute of 3 Jac. 4. by him that conforms and comes to Church may be as fitly called a point of Recusancy as the refusing the Oaths of Supremacy or Allegiance But if Recusancy be taken in a strict and proper sense then it extends only to the point of not coming to Church and not to refusing the Oaths of Supremacy or Allegiance And in this last sense are all the Statutes to be understood which inflict any penalty or disability upon a Recusant or a Popish Recusant unless where the not receiving of the Sacrament is particularly mentioned And this appears by the explanation which the Statutes make every where of Conformity the opposite to Recusancy viz. repairing to Church What is Conformity and more particularly the said Statute of 3 Jac. 4. which saith That the Popish Recusant convicted which conforms himself and repairs to the Church shall receive the Sacrament which words and repairs to the Church are explanatory of the former viz. which conforms himself so that this Conformity is not intended of taking the Oaths of Supremacy or Allegiance but consists only in repairing to Church and consequently Recusancy its opposite properly so called consists in absenting from Church And this appears further by that Branch of the said Statute of 3 Jac. cap. 4. which relates to the Oath of Allegiance where 't is said That the Oath shall be required of him who confesseth or denieth not himself to be a Recusant or that he hath not received the Sacrament where Recusant cannot be understood in any other sense then of him who forbears to come to Church An Information or Indictment against a Popish Recusant Information or Indictment against a Popish Recusant for Recusancy is of the same form with that against any other Recusant viz. That he came not to his Parish Church or any other Church Chappel or usual place of Common Prayer but forbore the same by the space of c. Vide Co. lib. intr 569. Co. 11. 56. Dr. Fosters Case so that upon his Conviction for Recusancy it doth not appear of Record whether the Offender be a Popish or other Recusant And therefore where this or any of the subsequent Statutes commands or prohibits a Popish Recusant convict to do a thing and a person convicted of Recusancy who is a Popish Recusant be Indicted thereupon his Conviction must be set forth in the Indictment with this or the like confusion Per quod praedict A.B. devenit Papalis Recusans convictus so it is if a Popish Recusant Convict be incapacitated to take or to give or dispose of any thing and another person be substituted by the Statute in his stead as in the Case of a Presentation by force of the Statute of 3 Jac. cap. 5. Stat. 3 Jac. 5. in a Quare Impedit Quare Impedit brought by the Chancellor and Schollars of the University His Conviction must be be set forth with an averment that he is Papalis Recusans Vide Co. 10. 54. And if a Popish Recusant whether convicted or not convicted be so commanded prohibited or incapacitated in an Indictment or Information upon the Statute it must be averred that he is Papalis Recusans A person who hath a certain place of abode is convicted for not coming to Church What Popish Recusants are not within this Act. and afterwards becomes a Papist being none before It seems that he is not restrained
Curate of the Parish That in every such Case every such Offender being thereunto warned or required by any two Iustices of the Peace or Coroner of the same County where such offender shall then be shall upon his or their corporal Oath Abjuration before any two Iustices of the Peace or Coroner of the same County abjure this Realm of England and all other the Queéns Majesties Dominions forever And thereupon shall depart out of this Realm at such Haven and Port and within such time as shall in that behalf be assigned and appointed by the said Iustices of Peace or Coroner before whom such abjuration shall be made unless the same Offenders be letted or stayed by such lawful and reasonable means or causes as by the Common Laws of this Realm are permitted and allowed in Cases of abjuration for felony And in such Cases of let or stay then within such reasonable and convenient time after as the Common Law requireth in Case of abjuration for felony as is aforesaid Abjuration to be entred of Record and certified And that every Iustice of Peace and Coroner before whom any such abjuration shall happen to be made as is aforesaid shall cause the same presently to be entred of Record before them and shall certifie the same to the Iustices of Assizes or Goal delivery of the said County at the next Assizes or Goal delivery to be holden in the same County If any such person or persons being a Popish Recusant That is any Popish Recusant within the former Branches of the Statute and none but such What Popish Recusants are within this Branch and which not Dalton V. cap. 45. tit Recusants applies this Clause to Popish Recusants convicted as if it concerned them and them only and so both at once extends and restrains the Statute contrary to its true meaning For these words any such person or persons neither extend to all that are convicted nor are restrained to such only as are convicted For the Popish Recusant who hath a certain place of aboad within this Realm although he be convicted is not within this Statute unless he were a Popish Recusant and in England at the time of his Conviction And the Popish Recusant who hath no certain place of aboad within this Realm is within this Statute although he were never convicted so that either of these sorts of Popish Recusants who have an Estate under value viz. he who hath no certain place of aboad and he who having a certain place of aboad was convicted when a Popish Recusant and in England and no other are liable by this Act to Abjuration Of the clear yearly value Clear yearly value of Twenty marks above all Charges A Rent-charge of 40 l. per Annum is issuing out of Lands worth 100 l. per Annum a Popish Recusant liable to be confined by this Statute purchases for his Life or in Fee parcel of the Lands of the clear yearly value of Twenty marks over and above what his proportion of the said Rent-charge comes to This is an Estate of the clear yearly value of Twenty marks within the meaning of this Act and shall free him from abjuration For although in strictness of Law his Estate be not clearly so much above all charges For that 't is chargeable with an yearly Rent of Forty pounds yet in equity he shall pay no more then his proportion of it which the Land he purchased will discharge and yet yield Twenty marks per Annum clearly besides Or Goods and Chattels This Statute being in the disjunctive Lands or Goods an Estate partly of Lands Goods and Lands not to be valued together and partly of Goods will not satisfie the intent thereof And therefore if a Popish Recusant who offends against this Act hath fifteen Marks per Annum clearly in Lands and be worth Thirty pounds in goods although this taken together be in truth an Estate of more value then is here required yet it shall not free him from Abjuration For the Statute doth not warrant any valuation of the Lands and Goods together so as to supply the defect of the yearly value of the Lands by the Goods or the defect of the value of the Goods by the Lands and therefore the Recusant must have such an Estate in the one or the other as will answer the Statute And this is not like the Case of Jurors upon the Statute of 2 H. 5. Stat. 2 H. 5. 3. cap. 3. where 't is said That the Iuror shall have Lands of the clear yearly value of Forty shillings if the Debt or Damage declared amount to Forty marks in which Case although it be in the disjunctive debt or damage yet it hath been adjudged that where the debt and damages both amount to Forty marks it is sufficient and the Juror must have Forty shillings per Annum Co. 1. Inst 272. For in that Case the word or is cumulative and debt or damage both amount to no more then one intire thing viz. the value of the Cause or Action depending And it appears plainly to be the intent of the makers of the Law that no Cause declared to be of the value of Forty marks shall be tried by Jurors of a less Estate but in our Case the Lands and Goods are things of different nature one real the other personal and cannot be regularly reduced under one and the same head and therefore shall not be valued together unless the Act had expresly appointed such a Valuation But yet if a Popish Recusant hath a Lease for years But leases for years and personal goods may and personal Goods and both do amount in value to above Forty pounds he shall be out of the danger of Abjuration For although the Lease is in the realty and the Goods are personal yet they shall in this Case be valued together For that by this Copulative and the Statute expresly so appoints without distinguishing between the values of either but makes it sufficient if both of them be of that value Money secured upon a Mortgage Mortgage of Lands is within the meaning of these words Goods and Chattels And if the Popish Recusant hath above Forty pounds owing to him upon such Mortgage he cannot be required to abjure Within three months next after such person shall be apprehended or taken Wingate in abridging this Clause tit Crowne numb 80. clearly mistakes the meaning of it For he saith that a Popish Recusant whose estate is under value must make the submission prescribed by this Act within three months next after his arrival at his place of aboad which is a complicated Error For he quite leaves out him who is to repair to the place where he was born or his Father or Mother dwels He makes the party liable to such submission before he becomes an offender by not repairing or not presenting himself and giving in his true name or travelling above five miles He speaks nothing of his being
presentment as a profit of the Advowson which is parcel of the Mannor Moore ibid. The Recusant may plead collateral matter Or other defect whatsoever This is meant of defects within the Indictment or other proceedings and not of any collateral matter which the Recusant hath to discharge himself as a Pardon auterfoits convict c. For the Recusant is not hereby disabled to plead such collateral matter but may take advantage thereof Co. 11. 65. Dr. Fosters Case Nor yet is this meant of all defects whatsoever within the Indictment or other proceedings For if there be any defect Defects to the Kings prejudice which apparently tends to the Kings prejudice the Recusant may take advantage of it And therefore in the Case of the Marquess of Winchester who was Indicted and Convicted of Recusancy and had Judgment thereupon but ideo capiatur was omitted the Judgment was reversed for that omission Cro. Trin. 14 Car. 504 505. Provided always That if any person or persons Stat. Sect. 14. He that Conforms may avoid an Indictment or other proceedings so Indicted or to be Indicted shall at any time hereafter submit and conform him or her self and become Obedient to the Laws of the Church of England and repair to the Parish Church of his or her most abiding and if there be none such then to the Church next adjoyning to his or her such dwelling and there hear Divine Service according to the true meaning of the Statute in that behalf made and provided and there publickly receive the said Sacrament according to the Laws of this Realm of England now established That then every such person and persons so Indicted shall and may from thenceforth be admitted and allowed to avoid discharge reverse and undo the said Indictment and Indictments and all procéedings thereupon in such manner and form as if this present Act had not beén had nor made Any thing herein contained to the contrary in any wise notwithstanding And forasmuch as it is found by late experience Stat. Sect. 15. That such as go voluntarily out of this Realm of England to serve Forreign Princes States or Potentates are for the most part perverted in their Religion and Loyalty by Iesuits and Fugitives with whom they do there converse Be it therefore Enacted by the Authority aforesaid That every Subject of this Realm that after the Tenth day of June next coming shall go or pass out of this Realm to serve any Forreign Prince State or Potentate or shall after the said Tenth day of June pass over the Seas He shall take the Oath which goeth out of the Realm to serve another Prince and there shall voluntarily serve any such Forreign Prince State or Potentate not having before his or their going or passing as aforesaid taken the Oath aforesaid before the Officer hereafter appointed shall be a Felon And that if any Gentleman or person of higher degrée or any person or persons which hath born or shall bear any Office or place of Captain Lieutenant or any other place Certain persons to be bound to the King charge or Office in Camp Army or Company of Soldiers or Conducter of Soldiers shall after go or pass voluntarily out of this Realm to serve any such Forreign Prince State or Potentate or shall voluntarily serve any such Prince State or Potentate before that he and they shall become bound by Obligation with two such sureties as shall be allowed of by the Officers which are hereafter by this Act limited to take the same Bond unto our Soveraign Lord the Kings Majesty his Heirs or Successors in the sum of twenty pounds of currant English money at the least with Condition to the effect following shall be a Felon Subject of this Realm Every Subject of this Realm What is meant by a Subject of this Realm vide postea Sect. 23. Service Shall go or pass out of this Realm to serve The Service mentioned throughout this branch of the Statute is intended of civil or domestick Service as well as Military Co. 3. Inst. 80. and although the later part of it speaks of Officers and Soldiers yet it also speaks there of Gentlemen and persons of higher Degree without pointing at any particular sort of Service so that to serve or go to serve a Forreign Prince c. in any capacity whatsoever without first doing what is here required is Felony by this Act. Felony though the party serve not The passing or going out of this Realm to serve a Forreign Prince c. without taking the Oath or if of that quality entring into Bond is Felony by this Statute although the party be never received into actual Service For the words are in the disjunctive go or pass to serve or voluntarily serve Co. 3. Inst 80. Or intended not to serve Or shall c. pass over the Seas and there shall voluntarily serve So if he pass over the Seas upon some other occasion and not with an intent to serve a Forreign Prince c. yet if when he is there he voluntarily serve him and did not before his departing hence take the Oath and if of that quality enter into such Bond he shall incur the penalty of this Law and suffer as a Felon Co. 3. Inst 81. Bond must be Domino Regi Shall become bound by Obligation c. unto our Soveraign Lord the Kings Majesty An Obligation made to the Kings use is not sufficient nor will satisfie the intent of the Act but it must be made to the King himself For the Bond must be Domino Regi according to the Statute of 33 H. 8. cap. 39. Stat. 33 H. 8. 39 or the Officer who takes it is liable to Imprisonment for taking a Bond contrary to that Statute Wingate therefore tit Crown numb 112. lays a snare for the Officer of the Port when he directs him only to take this Bond to the Kings use And he might have informed himself out of that Statute of 33. and the Statute of 24 H. 8. cap. 8. of the difference between a Bond made to the King and a Bond made to the Kings use Vide Savile 13. C. 33. Shall be a Felon The Offender against any part of this branch of the Statute may have the benefit of his Clergy Clergy Co. 3. Inst 81. Vide postea Sect. 28. The tenor of which Condition followeth viz. Stat. Sect. 16. The Condition of the Bond. That if the within bounden c. shall not any time then after be reconciled to the Pope or See of Rome nor shall enter into or consent unto any practice Plot or Conspiracy whatsoever against the Kings Majesty his Heirs and Successors or any his and their Estate and Estates Realms or Dominions but shall within convenient time after knowledge thereof had reveal and disclose to the Kings Majesty his Heirs and Successors or some of the Lords of his or their Honourable Privy Council all such Practices Plots and
or Constitution of man Naturalization being but a fiction in Law which confers the priviledges of a natural Subject but cannot make him a natural Subject who was none before For then he would have two natural Princes one where he was born and the other where Naturalized Vaughan 279 280. 283. Craw versus Ramsey Co. 7. 5 6 7. 25. Calvins Case Dyer 3 4 Ph. Mar. 145. Hobart 171. Curteenes Case so that to absolve perswade withdraw or reconcile an Alien born whose Subjection to the King began not with his birth or for any such to be absolved perswaded withdrawn or reconciled seems not to be Treason within this Act. But this Subjection is not to be understood locally Subjection not to be understood locally or in respect of the place of a mans Birth but in respect of the Prince to whom Subjection is due at the time of his Birth And therefore if a Scot or Irishman be absolved or reconciled in England although the Offence be committed in another Kingdom then that where his Subjection begun yet being born a Subject to the King of England its Treason in the absolver or person reconciling and in him that is absolved or reconciled Nor is it necessary in all Cases that the party be born in the Kings Dominions but that he may be a natural Subject notwithstanding and consequently within this Act as in the Case of an Embassador vide Co. 7. 18. Calvins Case Vide Stat. 23 Eliz. cap. 1. Stat. 23 Eliz. 1 Sect. 2. Stat. Sect. 20. A reconciled person taking the Oath Provided nevertheless That the last mentioned Clause of this Branch or any thing therein contained shall not extend or be taken to extend to any person or persons whatsoever which shall hereafter be reconciled to the Pope or Sée of Rome as aforesaid for and touching the point of so being reconciled only that shall return into this Realm and thereupon within six days next after such return before the Bishop of the Diocess or two Iustices of Peace joyntly or severally of the County where he shall arrive submit himself to his Majesty and his Laws and take the Oath set forth by Act in the first year of the Reign of the late Quéen Elizabeth commonly called the Oath of Supremacy as also the Oath before set down in this present Act which said Oaths the said Bishop and Iustices respectively shall have Power and Authority by this present Act to minister to such persons as aforesaid And the said Oaths so taken the said Bishop and Iustices before whom such Oaths shall be so taken respectively shall certifie at the next General or Quarter Sessions of the Peace to be holden within the said Shire Limit Division or Liberty wherein such person as aforesaid shall submit himself and take the said Oaths as aforesaid upon pain of every one neglecting to certifie the same as aforesaid the sum of Forty pounds Submission in case of Treason Which shall hereafter be reconciled In the late Additions to Dalton cap. 140. tit High Treason Sect. 12. is intimated that this Clause which provides in Case of Submission extends to no Cases of Treason or Misprision of Treason for there in reciting this part of the Statute the Cases of Treason and Misprision of Treason are excepted which is a great mistake For the Submission here spoken of is only in the Case of a declared Treason scil being reconciled to the Pope or See of Rome For and touching the point of so being reconciled only In the latter part of the former Section there are three several sorts of Offences made Treason Reconciled to the Pope c. what meant thereby 1. To be willingly absolved or withdrawn from a mans natural Obedience 2. To be willingly reconciled to the Pope or See of Rome 3. To promise Obedience to any pretended Authority of that See or to any other Prince State or Potentate but in this Clause only the second of these Offences is remitted in Case of Submission viz. the being reconciled to the Pope or Sée of Rome By which I conceive to be meant the forsaking of the Religion established by Law and embracing that which is professed and maintained by the Pope and See of Rome And in that sense those words are commonly taken at this day And that this is the meaning of those words appears by the Statute of 23 Eliz. cap. 1. which makes it Treason to absolve or withdraw the Subjects from their natural Obedience or to withdraw them from the Religion Established to the Romish Religion or to move them to promise Obedience to the See of Rome or any other Prince c. to answer which follows in that Act three other sorts of Treason viz. to be absolved or withdrawn or to be reconciled or to promise such Obedience so that the Offence of being reconciled answers to the Offence of withdrawing the Subjects from the Religion Established to the Romish Religion which explains what is meant by such Reconciliation viz. the being so withdrawn from the one Religion to the other But by this Clause if a person be thus reconciled that is change his Religion and become a Papist yet if he be capacitated to submit as is required by this Act and submit accordingly and take the Oaths of Supremacy and Allegiance such Offence of being reconciled shall not be Treason But as for being absolved or withdrawn from his natural Obedience Offences not within this Proviso or promising Obedience to the pretended Authority of the See of Rome or any other Prince State or Potentate besides his natural King such Submission and taking the Oaths shall not absolve him from that guilt but he shall have Judgment and suffer for the same as in Case of High Treason notwithstanding such Submission c. Dalton V. cap. 89. tit High Treason is therefore clearly mistaken in extending the benefit of this Submission c. generally to all who have been willingly absolved withdrawn or reconciled or have promised such Obedience Submit himself to his Majesty and his Laws The Kings Laws Stat. 27 Eliz. 2 What Laws are here meant vide Stat. 27 Eliz. cap. 2. Sect. 7. Stat. Sect. 21. Where the Trial shall be And be it further Enacted That all and every person and persons that shall offend contrary to this present branch of this Statute shall be Indicted tried and proceéded against by and before the Iustices of Assize and Goal delivery of that County for the time being or before the Iustices of the Court of Kings Bench and be there procéeded against according to the Laws and Statutes of this Realm against Traitors as if the said Offence had béen committed in the same County where such person or persons shall be so taken Any Law Custom or Statute to the contrary in any wise notwithstanding In what County The Offender may be proceeded against by force of this Act in any County where he shall be imprisoned for
so the word taken is to be expounded and the like Exposition hath been made of the Statutes of 2 3 E. 6. cap. 2. of Soldiers and 1 Jac. cap. 11. of having two Wives living Stat. 1 3 E. 6. 2 1 Jac. 11. Hutton 131. If the Offence be committed out of this Realm yet it cannot be tried upon the Statute of 35 H. 8. cap. 2. Stat 35 H. 8. 2. of Trial of Treasons committed out of the Realm For this Act hath prescribed a special form of a Trial in this Case which must be observed And if such Offender be a Peer of England Indictment of a Peer the Indictment cannot be taken before any others then the Justices of Assize and Goal delivery in the County where he is imprisoned or the Justices of the Kings Bench Hutton 131. Lord Digbies Case Stat. Sect. 22. Trial of Peers Provided always That if any Peér of this Realm shall happen to be Indicted of any Offence made Treason by this Act he shall have his Trial by his Péers as in other like Cases of Treason is accustomed Stat. Sect. 23. And be it further Enacted That if any Subject of this Realm at any time after one month next after the end of this present Session of Parliament shall not resort or repair every Sunday to some Chuch Chappel or some other usual place appointed for Common Prayer and there hear Divine Service according to the Statute made in that behalf in the first year of the Reign of the late Q. Elizabeth that then it shall and may be lawful to and for any one Iustice of Peace of that Limit Division or Liberty wherein the said party shall dwell upon proof unto him made of such default by confession of the party or Oath of witness to call the said party before him and if he or she shall not make a sufficient excuse and due proof thereof to the satisfaction of the said Iustice of Peace That it shall be lawful for the said Iustice of Peace to give Warrant to the Churchwarden of the said Parish wherein the said party shall dwell under his Hand and Seal to levy twelve pence for every such default by distress and sale of the Goods of every such Offender rendring to the said Offender the Overplus of the money raised of the said Goods so to be sold and that in default of such distress it shall and may be lawful for the said Iustice of Peace to commit every such Offender to some Prison within the said Shire Division Limit or Liberty wherein such Offender shall be inhabiting until payment be made of the said sum or sums so to be forfeited which forfeiture shall be imployed to and for the use of the Poor of that Parish wherein the Offender shall be resident or abiding at the time of such Offence committed Provided That no man be impeached upon this Clause Within what time the Offender shall be impeached except he be called in question for his said default within one month next after the said default made And that no man being punished according to this Branch But once punished for one Offence shall for the same Offence be punished by the forfeiture of twelve pence upon the Law made in the first year of the late Quéen Elizabeth If any Subject of this Realm By a Subject of this Realm Subject of this Realm who here meant is to be understood a natural born Subject or an Alien naturalized here by Act of Parliament or made a Denizen of England by the Kings Letters Patents And who not But these words here are exclusive of two sorts of Subjects 1. Of an Alien inhabiting in this Realm who oweth to the King a local Subjection or Ligeance and is neither naturalized or made Denizen For the word Subject is as a mark of distinction and must be necessarily exclusive of some persons or other within this Realm and therefore cannot be supposed to take in meer Aliens who if neither naturalized or made Denizens are only local Subjects and of the lowest form For if no person inhabiting within the Realm were here intended to be excepted the word Subject would be idle and to no purpose 2. An Alien Naturalized by Act of Parliament in Scotland or Ireland or made Denizen of either of those Kingdoms by the Kings Letters Patents is for the same reason out of the meaning of this Branch although he live in England For it seems that such a person is still an Alien here and shall not partake of any priviledges in England by his being Naturalized or made Denizen in Scotland or Ireland Their Acts or Laws not being Obligative or concluding to us in England Vide Vaughan 278 279 280 285 287. Craw versus Ramsey And therefore the power here given any one Justice of Peace to levy the twelve pence per Sunday doth not extend to either sort of these Aliens An Alien within Stat. 1. Eliz. 2 but yet they may forfeit twelve pence per Sunday for their absence from Church upon an Indictment of the Statute of 1 Eliz. cap. 2. and that by force of the general words there Every person and persons inhabiting within this Realm so that what is said in Dr. Fosters Case Co. 11.63 viz. That this Statute gives a more speedy remedy for the Recovery of the twelve pence is not to be understood of all persons within 1 Eliz. but only of the Subjects of this Realm in the sense of this Branch of the Statute And if a man be born within any of the Kings Dominions which were such and united with England in their subjection at the time of his birth although he be not born within England Natural Subjection not local yet if he live here he is a Subject of this Realm within the intent of this Act For Natural Subjection and Ligeance are not local or confined to that Kingdom or Country where he was born But he is a natural Subject in any of the Dominions belonging at the time of his Birth to the Prince under whom he was born And upon this ground it was resolved in Calvins Case Co. lib. 7. Postnati That a man born in Scotland after the Union of the two Kingdoms should inherit in England So that a man born in Scotland or Ireland or any other of the Kings Dominions which were such and so united at the time of his birth if he live in England is punishable by this Act and any one Justice of Peace may grant his Warrant to levy the twelve pence for his absence from Church vide antea Sect. 19. Morning and Evening Prayers Every Sunday This repairing to Church every Sunday must be as well to Evening Prayers as to Morning Prayers For it ought to be an entire day and an entire Service By Hutton and Berkley Justices Dalton V. cap. 45. tit Recusants To the satisfaction of the said Iustice of Peace In this Case the Justice of
or reside when he or they is or are so admitted or placed within the Cities of London or Westminster or within Thirty Miles of the same shall take the said Oaths aforesaid in the said respective Court or Courts aforesaid in the next Term after such his or their Admittance or Admittances into the Office or Offices Imployment or Imployments aforesaid betwéen the hours aforesaid and no other and the Procéedings to cease as aforesaid And that all and every such person or persons to be Admitted after the said First day of Easter Term as aforesaid not having taken the said Oaths in the Courts aforesaid shall at the Quarter Sessions for that County or Place where he or they shall reside next after such his admittance or admittances into any of the said respective Offices or Imployments aforesaid take the said several and respective Oaths as aforesaid and all and every such person and persons so to be admitted as aforesaid shall also receive the Sacrament of the Lords Supper according to the Vsage of the Church of England within Thrée Months after his or their admittances in or receiving their said Authority and Imployment in some publick Church upon some Lords-day commonly called Sunday immediately after Divine Service and Sermon And every of the said persons in the respective Court where he takes the said Oaths shall first deliver a Certificate of such his receiving the said Sacrament as aforesaid under the Hands of the respective Minister and Church-warden 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 And be it further Enacted by the Authority aforesaid That all and every the person or persons aforesaid that do or shall neglect or refuse to take the said Oaths and Sacrament in the said Courts and places and at the respective times aforesaid shall be ipso facto adjudged uncapable and disabled in Law to all intents and purposes whatsoever to have occupy or enjoy the said Office or Offices Imployment or Imployments or any part of them or any matter or thing aforesaid or any profit or advantage appertaining to them or any of them and every such Office and Place Imployment and Imployments shall be void and is hereby adjudged void And be it further Enacted That all and every such person or persons that shall neglect or refuse to take the said Oaths or the Sacrament as aforesaid within the times and in the places aforesaid and in the manner aforesaid and yet after such neglect and refusal shall execute any of the said Offices or Imployments after the said times expired wherein he or they ought to have taken the same and being thereupon lawfully Convicted in or upon any Information Presentment or Indictment in any of the Kings Courts at Westminster or at the Assizes every such person and persons shall be disabled from thenceforth to Sue or use any Action Bill Plaint or Information in Course of Law or to prosecute any Suit in any Court of Equity or to be Guardian of any Child or Executor or Administrator of any person or capable of any Legacy or Déed of Gift or to bear any Office within this Realm of England Dominion of Wales or Town of Berwick upon Tweed and shall forfeit the sum of Five hundred pounds to be recovered by him or them that shall Sue for the same to be prosecuted by any Action of Debt Suit Bill Plaint or Information in any of His Majesties Courts at Westminster wherein no Essoign Protection or Wager of Law shall lie And be it further Enacted by the Authority aforesaid That the names of all and singular such persons and Officers aforesaid that do or shall take the Oaths aforesaid shall be in the respective Courts of Chancery and Kings Bench and the Quarter Sessions Inrolled with the day and time of their taking the same in Rolls made and kept only for that intent and purpose and for no other The which Rolls as for the Court of Chancery shall be publickly hung up in the Office of the Pettybag and the Roll for the Kings Bench in the Crown Office of the said Court and in some publick place in every Quarter Sessions and there remain during the whole Term every Term and during the whole time of the said Sessions in every Quarter Sessions for every one to resort to and look upon without Fée or Reward and likewise none of the person or persons aforesaid shall give or pay as any Fée or Reward to any Officer or Officers belonging to any of the Courts as aforesaid above the sum of Twelve pence for his or their Entry of his or their taking of the said Oaths aforesaid And further That it shall and may be lawful to and for the respective Courts aforesaid to give and Administer the said Oaths aforesaid to the person or persons aforesaid in manner as aforesaid and upon the due tender of any such person or persons to take the said Oaths the said Courts are hereby required and enjoyned to Administer the same And be it further Enacted That if any person or persons not bred up by his or their Parent or Parents from their Infancy in the Popish Religion and professing themselves to be Popish Recusants shall Bréed up Instruct or Educate his or their Child or Children or suffer them to be Instructect or Educated in the Popish Religion every such person being thereof Convicted shall be from thenceforth disabled of hearing any Office or Place of Trust or Profit in Church or State And all such Children as shall be so brought up instructed or educated are and shall be hereby disabled of bearing any such Office or Place of Trust or Profit until he and they shall be perfectly Reconciled and Converted to the Church of England and shall take the Oaths of Supremacy and Allegiance aforesaid before the Iustices of the Peace in the open Quarter Sessions of the County or place where they shall inhabit and thereupon receive the Sacrament of the Lords Supper after the Vsage of the Church of England and obtain a Certificate thereof under the Hand of two or more of the said Iustices of the Peace And be it further Enacted by the Authority aforesaid That at the same time when the persons concerned in this Act shall take the aforesaid Oaths of Supremacy and Allegiance they shall likewise make and subscribe this Declaration following under the same Penalties and Forfeitures as by this Act is appointed I A. B. do Declare That I do believe that there is not any Transubstantiation in the Sacrament of the Lords Supper or in the Elements of Bread and Wine at or after the Consecration thereof by any person whatsoever Of which Subscription there shall be the like Register kept as of the taking the Oaths aforesaid Provided always That neither this Act nor any thing therein contained shall extend be judged or interpreted any ways to
hurt or prejudice the Péerage of any Péer of this Realm or to take away any Right Power Priviledge or Profit which any person being a Péer of this Realm hath or ought to enjoy by reason of his Péerage either in time of Parliament or otherwise or to take away creation-money or Bills of Impost nor to take away or make void any Pension or Salary granted by His Majesty to any person for valuable and sufficient Consideration for Life Lives or Years other then such as relate to any Office or to any Place of Trust under His Majesty and other then Pensions of bounty or voluntary Pensions nor to take away or make void any Estate of Inheritance granted by His Majesty or any His Predecessors to any person or persons of or in any Lands Rents Tithes or Hereditaments not being Offices nor to take away or make void any Pension or Salary already granted by His Majesty to any person who was Instrumental in the happy preservation of His Sacred Majesty after the Battel at Worcester in the year One thousand six hundred fifty one until His Majesties arrival beyond the Seas nor to take away or make void the Grant of any Office or Offices of Inheritance or any Fée Salary or Reward for executing such Office or Offices or thereto any way belonging granted by His Majesty or any his Predecessors to or enjoyed or which hereafter shall be enjoyed by any person or persons who shall refuse or neglect to take the said Oaths or either of them or to receive the Sacrament or to subscribe the Declaration mentioned in this Act in manner therein expressed Nevertheless so as such person or persons having or enjoying any such Office or Offices of Inheritance do or shall substitute and appoint his or their sufficient Deputy or Deputies which such Officer or Officers respectively are hereby impowred from time to time to make or change any former Law or Vsage to the contrary notwithstanding to exercise the said Office or Offices until such time as the person or persons having such Office or Offices shall voluntarily in the Court of Chancery before the Lord Chancellor or Lord Keeper for the time being or in the Court of Kings Bench take the said Oaths and receive the Sacrament according to Law and subscribe the said Declaration and so as all and every the Deputy and Deputies so as aforesaid to be appointed take the said Oaths receive the Sacrament and subscribe the said Declaration from time to time as they shall happen to be so appointed in manner as by this Act such Officers whose Deputies they be are appointed to do and so as such Deputies be from time to time approved of by the Kings Majesty under His Privy Signer But that all and every the Péers of this Realm shall have hold and enjoy what is provided for as aforesaid and all and every other person or persons before mentioned denoted or intended within this Proviso shall have hold and enjoy what is provided for as aforesaid notwithstanding any incapacity or disability mentioned in this Act. Provided also That the said Péers and every of them may take the said Oaths and make the said Subscription and deliver the said Certificates before the Péers sitting in Parliament if the Parliament be sitting within the time limited for doing thereof and in the intervals of Parliament in the High Court of Chancery in which respective Courts all the said proceédings are to be recorded in manner aforesaid Provided always That no married Woman or person under the age of Eightéen years or being beyond or upon the Seas or found by the lawful Oaths of Twelve men to be non compos mentis and so being and remaining at the end of Trinity Term in the year of our Lord One thousand six hundred seventy thrée having any Office shall by vertue of this Act loose or forfeit any such his or her Office other then such married Woman during the life of her Husband only for any neglect or refusal of taking the Oaths and doing the other things required by this Act to be done by persons having Offices so as such respective persons within Four months after the death of the Husband coming to the age of Eighteen years returning into this Kingdom and becoming of sound mind shall respectively take the said Oaths and perform all other things in manner as by this Act is appointed for persons to do who shall happen to have any Office or Offices to them given or fallen after the end of the said Trinity Term. Provided also That any person who by his or her neglect or refusal according to this Act shall lose or forfeit any Office may be capable by a new Grant of the said Office or of any other and to have and hold the same again such person taking the said Oaths and doing all other things required by this Act so as such Office be not granted to and actually enjoyed by some other person at the time of the regranting thereof Provided also That nothing in this Act contained shall extend to make any Forfeiture Disability or Incapacity in by or upon any non-Commission-Officer or Officers in His Majesties Navy if such Officer or Officers shall only subscribe the Declaration therein required in manner as the same is direted Provided also That nothing in this Act contained shall extend to prejudice George Earl of Bristol or Anne Countess of Bristol his Wife in the Pension or Pensions granted to them by Patent under the Great Seal of England hearing date the Sixtéenth day of July in the year of our Lord One thousand six hundred sixty and nine being in lieu of a just Debt due to the said Earl from His Majesty particularly expressed in the said Patent Provided also That this Act or any thing therein contained shall not extend to the Office of any High Constable Petty Constable Tithingman Headborough Overseer of the Poor Church-wardens Surveyor of the High-ways or any like inferior Civil Office or to any Office of Forester or Kéeper of any Park Chace Warren or Game or of Bailiff of any Manor or Lands or to any like private Offices or to any person or persons having only any the before mentioned or any the like Offices FINIS THE TABLE Abjuration See Baron Feme IN what cases the offender against 35 Eliz. 1. of Conventicles and the Popish Recusant confined by 35 Eliz. 2. are to abjure the Realm and in what cases not 115. 116. 123. 134 135 136 137 138. 143. Who may require such Abjuration 116. 135. Before whom it must be made 116. 135. Refusing to abjure or staying or returning without licence is Felony 116 117. 139 140. What he who abjures or refuses to abjure forfeits 124. The form of the Oath of Abjuration 138 139. He that abjures yet oweth to the King his ligeance 139. Absolution What Absolution is not within 13 Eliz. 2.50 Where absolving of the Kings Subjects or being absolved is High Treason 57 58. 184