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
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
from the last day of this Session of Parliament deemed and remain utterly repealed void and of none effect to all intents and purposes Any thing in the said several Acts or any of them contained or any other matter or cause to the contrary notwithstanding Stat. Sect. 4. The abolishing of Forreign Authority And to the intent that all usurped and Forreign Power and Authority Spiritual and Temporal may for ever be clearly extinguished and never to be used or obeyed within this Realm or any other your Majesties Dominions or Countries may it please your Highness That it may be further enacted by the Authority aforesaid That no Forreign Prince Person Prelate State or Potentate Spiritual or Temporal shall at any time after the last day of this Session of Parliament use enjoy or exercise any manner of Power Iurisdiction Superiority Authority Preheminence or Priviledge Spiritual or Ecclesiastical within this Realm or within any other your Majesties Dominions or Countries that now be or hereafter shall be but from thenceforth the same shall be clearly abolished out of this Realm and all other your Highnesses Dominions for ever Any Statute Ordinance Custom Constitutions or any other matter or cause whatsoever to the contrary in any wise notwithstanding By the abrogating the Jurisdiction of any Forreign Prelate Archbishop of Canterburies concurrent Jurisdiction abrogated all Jurisdiction derived from such Forreigner is abrogated likewise And therefore the concurrent Jurisdiction which the Archbishop of Canterbury is supposed to have in the inferiour Diocesses ought not now to be exercised by him but is utterly taken away by this Act For he had it not as Archbishop but as Legatus natus to the Pope and if continued to be exercised is a meer Usurpation Hobart 17. Dr. James's Case And that also it may likewise please your Highness Stat. Sect. 5. Ecclesiastical Jurisdiction annexed to the Crown that it may be established and enacted by the Authority aforesaid that such Iurisdictions Priviledges Superiorities and Preheminences Spiritual and Ecclesiastical as by any Spiritual or Ecclesiastical Power or Authority hath heretofore béen or may lawfully be exercised or used for the Visitation of the Ecclesiastical State and Persons and for Reformation Order and Correction of the same And of all manner of Errors Heresies Schisms Abuses Offences Contempts and Enormities shall for ever by Authority of this present Parliament be united and annexed to the Imperial Crown of this Realm Sir Edward Coke 4. Inst 325. calls this an Act of Restitution of the ancient Jurisdiction Ecclesiastical which always belonged of Right to the Crown of England That is a restitution of the exercise of it For in truth this Statute is not introductory of a new Law The Kings ancient Jurisdiction Ecclesiastical but declaratory of the old and annexes not any Jurisdiction to the Crown but that which was or of right ought to be by the ancient Laws of this Realm parcel of the Kings Jurisdiction By which Laws the King as supream Head hath full and intire Power in all causes Ecclesiastical as well as Temporal For the Ecclesiastical Laws are the Kings Laws as well as the Temporal And the Judges of either of those Laws derive their Authority from him alone Co. 5.8 9. Cawdries Case where are several instances of Ecclesiastical Jurisdiction exercised by the Kings of this Realm in several Ages Moore 755. b. 1043. The King is Persona mixta And in this respect the King is said to be Persona mixta and Persona mixta unita cum Sacerdotibus for that he hath both Ecclesiastical and Temporal Jurisdiction 10 H. 7.18 Co. 2.44 Bishop of Winchesters Case Coke 13.17 Case of Modus Decimandi Vid. Co. lib. 6. Praefac ' And supream Ordinary The King is the supream Ordinary and by the ancient Laws of this Realm may without any Act of Parliament make Ordinances and Institutions for the Government of the Clergy and may deprive them if they obey not Moore 755. C. 1043. Cro. Trin. 2. Jac. 37. And if there be a controversie between Spiritual Persons concerning their Jurisdiction the King is Arbitrator and 't is a right of his Crown to distribute to them and to declare their Bounds Hobart 17. Dr. James's Case Laws to be administred distinctly And yet although these Jurisdictions Ecclesiastical and Temporal are both in the King they are not to be confounded For although both Laws are the Kings Laws yet they are to be administred distinctly so that he who hath Ecclesiastical Jurisdiction derived from the King ought not to usurp upon the temporal Law And the Ecclesiastical Judge who meddles in Temporal Causes or Suits and draws the Interest or Cause of the Subject which ought to be determined by the Common Law ad aliud examen viz. to be decided by the Ecclesiastical Law offends contra Coronam dignitatem Regiam In confounding those Jurisdictions of the King which ought to be kept separate and distinct Prohibition And in such Cases not only a Prohibition lies but the Ecclesiastical Judge if the Cause originally belongs to the Common Law Pramunire and not to the Ecclesiastical Court incurs a Praemunire for depriving the Subject of the benefit of the Common Law which is his Birthright Co. 12.37 38 39 40. Co. 3. Inst 120. And therefore it was Resolved That if a man be excommunicated in the Bishops Court for a matter which belongs to the determination of the Common Law 't is no less than a Praemunire Praemunire And that by force of the word elsewhere in the Statute of 16 R. 2. cap. 5. Stat. 16 R. 2. 5. If any man pursue in the Court of Rome or elsewhere c. 5 E. 4.6 The King may do what the Pope might by the Canon Law By this and the former Clause which restores to the King the Title and Exercise of the Power of Supream Head of the Church of England and annexes to the Crown all Ecclesiastical Jurisdiction heretofore exercised by any Forreigner The King as supream Head may do whatever the Pope might formerly do within this Realm by the Canon Law And upon this ground it was resolved Trin. 39 Eliz. in Hollingworths Case in the Kings-Bench That notwithstanding the Statute of 25 H. 8. cap. 19. Stat. 25 H. 8. 19 which makes the sentence of the Delegates definitive and saith that no further Appeal shall be had yet the King after such definitive Sentence may grant a Commission of Review Commission ad revidendum For that after a definitive Sentence the Pope as supream Head by the Canon Law used to grant a Commission ad revidendum Co. 4. Inst 341. Upon this ground it was likewise resolved in the Case of Grendon versus the Bishop of Lincoln al' That the King with the consent of the Patron and without the Bishop may make an Appropriation Appropriation And in such Case the King doth it Authoritate sua regia
their Iurisdictions and Authority and to punish the same by admonition excommunication sequestration or deprivation and other censures and process in like form as heretofore hath béen used in like Cases by the Quéens Ecclesiastical Laws Provided always and be it enacted None shall be punished twice for the same Offence That whatsoever persons offending in the premisses shall for their offences first receive punishment of the Ordinary having a Testimonial thereof under the said Ordinaries Seal shall not for the same Offence eftsoons be convicted before the Iustices And likewise receiving for the said first Offence punishment by the Iustices shall not for the same Offence eftsoons receive punishment of the Ordinary Any thing contained in this Act to the contrary notwithstanding This Clause being in the affirmative doth not abrogate the Jurisdiction Ecclesiastical Ecclesiastical Jurisdiction not abrogated which was in the Ecclesiastical Judge before the making of the Statute for that no Negative words are here added as that he should proceed no otherwise or in no other manner or form than this Statute directs And therefore if any Parson Vicar c. deprave or observe not the Book of Common Prayer although this Act inflicts only the forfeiture of a years value and six months Imprisonment for the first Offence yet the Ecclesiastical Judge may for the first Offence deprive him notwithstanding this Act as he might have done if no form of punishment had been here appointed And the said Book being enjoined by Authority the Offence of depraving or non-observing it is punishable by the Ecclesiastical Judge according to the Ecclsiastical Law without the further aid of any Temporal Law then the commanding it to be observed Co. 5.5 6. Cawdries Case And in such Case the Sentence of Deprivation given by the Ecclesiastical Judge though it exceed the punishment inflicted by the Temporal Law is not to be questioned by the Temporal Judges but they ought to give Faith and Credit to it For cuilibet in sua arte perito est credendum Cawdries Case fol. 7. Co. 4.29 Bunting and Heppingwells Case Provided always and be it enacted Stat. Sect. 13. Ornaments of the Church and Ministers That such Ornaments of the Church and of the Ministers thereof shall be retained and be in use as was in this Church of England by Authority of Parliament in the second year of the Reign of King Edward the Sixth until other Order shall be therein taken by the Authority of the Quéens Majesty with the advice of her Commissioners appointed and authorized under the Great Seal of England for Causes Ecclesiastical or of the Metropolitan of this Realm And also That if there shall happen any Contempt or Irreverence to be used in the Ceremonies or Rites of the Church by the mis-using of the Orders appointed in this Book the Queéns Majesty may by the like advice of the said Commissioners or Metropolitan ordain and publish such further Ceremonies or Rites as may be most for the advancement of Gods Glory the Edifying of his Church and the due Reverence of Christs holy Mysteries and Sacraments All Laws and Ordinances made for other Service shall be void And be it further Enacted by the Authority aforesaid That all Laws Statutes and Ordinances wherein or whereby any other Service Administration of Sacraments or Common Prayer is limited established or set forth to be vsed within this Realm or any other the Queéns Dominions or Countries shall from henceforth be utterly void and of none effect Stat. v Eliz. cap. i. An Act for the Assurance of the Queens Majesties Royal Power over all States and Subjects within her Dominions FOR preservation of the Queéns most Excellent Highness her Heirs and Successors Stat. and the Dignity of Sect. 1 the Imperial Crown of this Realm of England And for the avoiding both such hurts perils dishonors and inconveniencies as have before time befallen as well to the Quéens Majesties noble Progenitors Kings of this Realm as for the whole Estate thereof by means of the Iurisdiction and Power of the Sée of Rome unjustly Claimed and Vsurped within this Realm and the Dominions thereof and also of the dangers by the fauters of the said usurped Power at this time grown to marvelous outrage and licentious boldness and now requiring more sharp restraint and correction of Laws than hitherto in the time of the Queéns Majesties most mild and merciful Reign have béen had used or established Be it therefore Enacted Ordained and Established Stat. by the Quéen our Soveraign Lady and the Lords Spiritual and Sect. 2 Temporal The Penalty for maintaining the Authority of the Bishop or See of Rome and the Commons in this present Parliament assembled and by Authority of the same That if any Person or Persons dwelling inhabiting or resiant within this Realm or within any other the Quéens Dominions Seigniories or Countries or in the Marches of the same or elsewhere within or under her Obeysance and Power of what Estate Dignity Preheminence Order or Condition soever he or they be after the first day of April which shall be in the year of our Lord God One thousand five hundred sixty thrée shall by Writing Typhering Printing Preaching or Teaching Déed or Act advisedly and wittingly hold or stand with to extol set forth maintain or defend the Authority Iurisdiction or Power of the Bishop of Rome or of his Sée heretofore claimed used or usurped within this Realm or in any Dominion or Country being of within or under the Queéns Power or Obeisance or by any Spéech open Déed or Act advisedly and wittingly attribute any such manner of Iurisdiction Authority or Preheminence to the said Sée of Rome or to any Bishop of the same Sée for the time being within this Realm or in any the Quéens Dominions or Countries that then every such Person or Persons so doing or offending their Abbettors Procurers and Counsellors and also their aiders assistants and comforters upon purpose and to the intent to set forth further and extol the said usurped Power Authority or Iurisdiction of any of the said Bishop or Bishops of Rome and every of them being thereof lawfully Indicted or Presented within one year next after any such Offences by him or them Committed and being lawfully Convicted or Attainted at any time after according to the Laws of this Realm for every such Default and Offence shall incur into the dangers penalties pains and forfeitures Ordained and Provided by the Statute of Provision and Praemunire made in the Sixtéenth year of the Reign of King Richard the Second Hold or stand with c. or attribute The Printers of any Book which attributes to the Pope or See of Rome any such Authority or Jurisdiction within this Realm Printing bringing in offering and delivering of Books c. and the utterers thereof in most Cases are within the danger of this Law and if any man bring over such Books Written beyond the Seas knowing the
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
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.
outlawed upon the said Indictment and it was Resolved 36 Eliz. by the whole Court of Exchequer that this was a fraudulent Conveyance within the Statute of 13 Eliz. cap. 5. Stat. 13 Eliz. 5 which was made for the Relief of the Queen and other persons as well as Creditors But as this Case is related in Twines Case Co. 3. 82. 'T is observable that although it was debated whether the Queen should avoid this Conveyance by force of the Statute of 50 E. 3. 50 E. 3. 6. cap. 6. or that of 3 H. 7. cap. 4. 3 H. 7. 4. or that of 13 Eliz. before mentioned yet there is no mention made of this branch of 23 Eliz. for 't is clear that the Queen could not avoid such a fraudulent Conveyance by force of this Statute unless Judgment had been first given against the Recusant or he had been convicted And Pauncefoot was neither convicted or adjudged to be a Recusant but the Queens interest accrued to her by means of the Outlawry only Provided alway Stat. Sect. 12. Tryal of a Peer by his Peers That if any Peér of this Realm shall happen to be Indicted of any Offence made Treason or misprision of Treason by this Act he shall have his Trial by his Péers as in other like Cases is accustomed Indictment of Peers by whom Although a Peer shall be tried per pares yet he is to be Indicted by an Inquest under the Degree of Nobility And may be Indicted before Commissioners of Oyer and Terminer or in the Kings-Bench if the Offence be committed in the County where the Kings-Bench is Co. 2. Inst 49. Stat. Sect. 13. Ecclesiastical Censures Provided also That neither this Act nor any thing therein contained shall extend to take away or abridge the Authority or Iurisdiction of the Ecclesiastical Censures for any cause or matter But that the Archbishops and Bishops and other Ecclesiastical Iudges may do and proceed as before the making of this Act they lawfully did or might have done Any thing in this Act to the Contrary notwithstanding Stat. xxvii Eliz. cap. ii An Act against Jesuits Seminary Priests and such other like dissobedient persons WHereas divers persons called or professed Iesuits Stat. Sect 1. The Causes why Jesuits and Priests do come into this Realm Seminary Priests and other Priests which have been and from time to time are made in the parts beyond the Seas by or according to the Order and Rites of the Romish Church have of late years comen and béen sent and dayly do come and are sent into this Realm of England and other the Queéns Majesties Dominions of purpose as it hath appeared as well by sundry of their own examinations and confessions as by divers other manifest means and proofs not only to withdraw her Highness Subjects from their due obedience to her Majesty but also to stir up and move Sedition Rebellion and open Hostility within the same her Highness Realms and Dominions to the great indangering of the safety of her most Royal Person and to the utter ruine desolation and overthrow of the whole Realm if the same be not the sooner by some good means foreséen and prevented For reformation whereof be it Ordained All Jesuits and Priests shall depart out of this Realm Established and Enacted by the Queens most Excellent Majesty and the Lords Spiritual and Temporal and the Commons in this present Parliament Assembled and by the Authority of the same Parliament That all and every Iesuits Seminary Priests and other Priests whatsoever made or Ordained out of the Realm of England or other her Highnesse Dominions or within any of her Majesties Realms or Dominions by any Authority Power or Iurisdiction derived challenged or pretended from the See of Rome since the Feast of the Nativity of St. John Baptist in the first year of her Highness Reign shall within forty days next after the end of this present Session of Parliament depart out of this Realm of England and out of all other her Highness Realms and Dominions if the wind weather and passage shall serve for the same or else so soon after the end of the said forty days as the Wind Weather and passage shall so serve Stat. Sect. 2. No Jesuits or Priests shall come into or remain in this Realm And be it further Enacted by the Authority aforesaid That it shall not be lawful to or for any Iesuit Seminary Priest or other such Priest Deacon or Religious or Ecclesiastical person whatsoever being born within this Realm or any other her Highnesse Dominions and heretofore since the said Feast of the Nativity of St. John Baptist in the first year of her Majesties Reign made ordained or professed or hereafter to be made ordained or professed by any Authority or Iurisdiction derived challenged or pretended from the Sée of Rome by or of what name title or degrée soever the same shall be called or known to come into be or remain in any part of this Realm or any other her Highnesse Dominions after the end of the same forty days other then in such special Cases and upon such special occasions only and for such time only as is expressed in this Act And if he do that then every such Offence shall be taken and adjudged to be High Treason and every person so offending shall for his Offence be adjudged a Traytor and shall suffer lose and forfeit as in Case of High Treason A Priest born within this Realm Being born within this Realm c. And this must be comprised in the Indictment but it need not be shewn in what particular place he was born but generally Quod J. S. natus infra hoc regnum Angliae c. Popham 94. Southwells Case A Priest Ordained c. Made ordained or professed And so it must be alledged in the Indictment that he was made a Jesuit or Priest c. by Authority challenged or pretended from the See of Rome but it need not be shewn where he was made a Jesuit or Priest c. whether beyond Sea or within the Realm for wheresoever it was it is within this Law if he were made so by the pretended Authority of the See of Rome Popham 94. Southwells Case Stat. Sect. 6. Receiving or relieving a Jesuit or Priest shall be felony And every person which after the end of the same forty days and after such time of departure as is before limited and appointed shall wittingly and willingly receive relieve comfort aid or maintain any such Iesuit Seminary Priest or other Priest Deacon or Religious or Ecclesiastical person as is aforesaid being at liberty or out of hold knowing him to be a Iesuit Seminary Priest or other such Priest Deacon or Religious or Ecclesiastical person as is aforesaid shall also for offence be adjudged a Felon without benefit of Clergy and suffer death lose and forfeit as in Case of one attainted of Felony In the late Additions to
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
apprehended The three months relate to the time of the Offenders being apprehended whereas by the Act he cannot be required to abjure until three months after his apprehension and he turns the three months after his apprehension into three months after his arrival All great mistakes and fit to be taken notice of by Justices of Peace whose part it is to require the submission and abjuration that they may not be misled in the Execution of this part of their Office by trusting to that Abridgment Required to submit within what time Being thereunto required by the Bishop c. If the Offender be not before the end of the three months next after his apprehension required by the Bishop a Justice of Peace or the Minister or Curate to make such submission he cannot be required afterwards nor be compelled to abjure by force of this Act. But if he be required within the three months to make submission and refuse he may be at any time afterwards warned or required to abjure Vide Stat. 35 Eliz. cap. 1. Sect. 2. Abjure this Realm of England c. The Oath of Abjuration may be in this form or to this effect Oath of Abjuration You shall swear that you shall depart out of this Realm of England and out of all other the Kings Majesties Dominions And that you shall not return hither or come again into any of his Majesties Dominions but by the Licence of our said Sovereign Lord the King or of his Heirs So help you God Stamford 119. 120. Co. 3. Inst 217. Wilkinson P. 66. hath set down another form upon this Statute much resembling that heretofore used at the Abjuration of a Felon mutatis mutandis in these words This hear you Sir Coronor that I J. M. of H. in the County of S. am a Popish Recusant and in Contempt of the Laws and Statutes of this Realm of England I have and do refuse to come to hear Divine Service there read and exercised I do therefore according to the intent and meaning of the Statute made in the 35th year of Queen Elizabeth late Queen of this Realm of England abjure the Land and Realm of King Charles now King of England Scotland France and Ireland and I shall hast me towards the Port of P. which you have given and assigned to me And that I shall not go out of the highway leading thither nor return back again and if I do I will that I be taken as a Felon of our said Lord the King And that at P. I will diligently seek for passage and I will tarry there but one Flood and Ebb if I can have passage and unless I can have it in such space I will go every day into the Sea up to my Knees assaying to pass over So God me help and his holy Judgment But in alluding to the old Oath in Case of abjuration for Felony which began with the Confession of the particular offence for which the Felon was abjured as Ego A. B. sum latro unius Equi vel homicida unius hominis or the like as the Case was Wilkinson is mistaken in the very offence for which the Popish Recusant is to abjure by force of this Statute for the offence is not his refusal to hear Divine Service for that is but only one of the precedent Qualifications of the person But the Offence it self is of another nature viz. his not repairing to the place the Statute appoints him or his removal from thence contrary to the Statute or his not presenting himself and delivering his true name as aforesaid Either of these if he be a Popish Recusant within the meaning of this Act is a crime for which he ought to abjure unless he prevents his Abjuration by a timely Submission Nor is the Popish Recusant bound to swear that he will not go out of the High way or return back or will tarry but one flood and ebb or go into the Sea up to his knees nor ought the Coroner or Justices of Peace to require any such Oath of him For this is a new offence made by a Statute Law which doth not require the strict form of Abjuration as in Case of Felony And although the Felon were tied to these circumstances yet the Recusant is not nor shall be a Felon for omitting them But 't is sufficient if he simply abjure as the Act directs and go from the appointed Port within the time limited and not return without Licence into any of the Kings Dominions He that thus abjures the Realm doth yet owe the King his Ligeance and remaineth within the Kings Protection He that abjures yet oweth the King his Ligeance Qui abjurat Regnum amittit regnum sed non Regem amittit Patriam sed non patrem patriae Co. 7. 9. Calvins Case And if any such Offender Stat. Sect. 7. The punishment for refusing to abjure not departing or returning without Licence which by the tenour and intent of this Act is to be abjured as is aforesaid shall refuse to make such 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 and lose as in Case of Felony without benefit of Clergy And within such time c. and from thence depart When and whence the Offender must depart The Offender is strictly tied to depart from the same Haven assigned him and within the time appointed him by the Justices of Peace or Coroner so that if he depart the Realm from any other Haven or Port or over stay his time and depart afterwards yet he is a Felon within this Act. Or return or come again into any her Majesties Realms or Dominions An Offender within this Act abjures in form aforesaid and departs this Realm and afterwards goes into Ireland without Licence Return and then returns into England with Licence such going into Ireland seems to be Felony by this Act. But quaere how the offence shall be tried How triable not in Ireland for this Statute binds not that Kingdom nor can be taken notice of there nor yet can it be tried in England for that the offence was done elsewhere So that this is casus omissus and cannot be punished for that no way of Trial is appointed Stat. Sect. 8. A Jesuit or Priest refusing to answer shall be imprisoned And be it further Enacted and Ordained by the Authority aforesaid That if any person which shall be suspected to be a Iesuit Seminary or Massing Priest being examined by any person having lawful Authority in that behalf to examine such
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
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