other for the Recusants use and the Kings Lessee of the said two parts is to give security not to commit waste Oath of Allegiance 9. The Bishop of the Diocess or two Justices of the Peace one being of the Quorum may out of Sessions tender the Oath of Allegiance mentioned in haec verba in this Act to which the Reader is referred to any person being eighteen years of age except Noble-men and Noble-Women which stand Convicted or Indicted of Recusancy c. or passing through the Countrey and examined on Oath confesseth or at least denyeth not that he or she is a Recusant and the Bishop or Justices are to certifie the Premises and the name and aboad of the party to the next Sessions where the Clerk of the Peace or Town Clerk are to record the same And if they refuse to take the Oath or to answer upon Oath they are to bind them to the next Sessions and if they refuse here to take it again Premunire they incur a Premunire Women Covert except Women Covert who in that case are to suffer Imprisonment till they take it Names to be subscribed Indictment not to be reversed for want of form 10. If they take the Oath they are to subscribe their Names or Marks no Indictment against such as are Recusants shall be reversed for lack of form but only by direct Traverse But if they conform they may be admitted to traverse or discharge it Who shall go out of the Realm to serve a Forreign Prince 11. None shall go out of the Realm to serve any Forreign Prince or State without taking the said Oath of Allegiance and if he have born Office as a Souldier he shall enter into Bond to the Kings use with condition as in this Act is at large expressed in haec Verba to which the Reader is referred or else to be adjudged a Fellon Customers and Comptrollers of Ports to take Bonds 12. The Customers or Comptrollers of Ports only and their Deputies may take such Bonds and minister the said Oath in this case which they are every year to certifie into the Exchequer Bond. the Bond on pain of five pounds and the Oath on pain of twenty shillings Withdrawing Kings Subjects from their obedience 13. To absolve or withdraw the Kings Subjects from their Natural Obedience to reconcile them to the See of Rome or to move them to promise it c. or to be absolved withdrawn reconciled or make promise as aforesaid High Treason is high Treason Reconciliation 14. This Clause of Reconcilement as to the point of reconcilement only shall not extend to any that shall return into the Realm and within six weeks after shall before the Bishop c. submit himself to the King and his Laws and take the Oaths of Supremacy and Allegiance Excommunicate Recusants 15. The Sheriff upon a lawful Writ may justifie to break a house for taking an Excommunicate Recusant Action against a Officer for doing his duty c. 16. If an Action be brought against an Officer for execution of this Act he may plead the General Issue and give the special matter in evidence Wives Offence 17. None shall be punished for his Wives offence nor shall a married Woman be chargeable with any penalty or forfeiture by force of this Act. Oath of Allegiance 18. Six of the Privy Counsel whereof the Chancellor Treasurer or Principal Secretary to be one may minister the Oath of Allegiance Noble men Noble Women to any Noble Man or Noble Woman unmarried of or above eighteen years of age and if they refuse it they incur a Praemunire Warden of Cinque Ports 19. The Warden of the Cinque-Ports or some by his appointment shall take the Bond and minister the Oath aforesaid to any person passing beyond Sea out of them i. e. the Cinque-Ports or any of their Members 3. Jac. cap. 5. By this Statute He that within three days notice discovers to a Justice of Peace Entertaining a Popish Priest any that entertains a Popish Priest or any that have heard or said Mass Mass shall have a third part of the forfeiture due for the said offences if the whole exceed not an hundred fifty then onely fifty pounds thereof to be paid him by the Sheriff who shall leavy the same Convicted Recusants not to come to Court on pain of an 100 l. 2. No Convicted Recusant shall come into Court without command from the King or Warrant from the Privy Counsel under their hands on pain of an hundred pounds one moiety to the King the other to the Discoverer Convict Recusants not to be in London or ten miles of it unless he be a Tradesman on pain of 100. l. 3. A Popish Recusant Convict or Indicted for not coming to Church for three months together and remaining in London or within ten miles distance shall within ten days after such Conviction or Indictment depart thence and shall deliver their names if in London to the Lord Mayor there and if in the Countrey to the next Justice of the Peace on pain of an hundred pounds to be divided between the King and the Prosecutor but this is not to extend to Tradesmen that have no other habitation in or within ten miles of London Licence must be procured by a Recusant to go about his occasions c. 4. A Recusant may go about his own occasions by Licence from the King or three Privy Counsellors under their hands or four Justices of Peace under their hands and Seals with the assent in writing of the Bishop Lieutenant or Deputy Lieutenant of the same County notwithstanding the Statute of 35. Eliz. cap. 2. which Licence is not to be granted by the said Justices till the party make Oath of the true reason of his Journey and that he will make no needless stay No Convict Recusant may practice Law Physick c. or bear Office in any Castle c. 5 No convicted Recusant shall practice the Common Law Civil Law Physick or the Art of the Apothecary or be an Officer of or in any Court or bear any Office among Souldiers or in a Ship Castle or Fortress on pain of an hundred pound to be divided between the King and the Persecutor Popish Recusant Convict or whose Wefe is such may not bear Office c. 6. No Popish Recusant Convict or whose Wife is a Popish Recusant Convict shall exercise any publick Office in the Cnmmon Wealth by himself or his Deputy unless he bring up his Children in the true Religion and together with his Children and Servants repair to the Church and receive the Sacraments as the Law requires What a married Woman being a Recusant Convict shall forfeit 7. A married Woman being a Popish Recusant Convict her Husband being none that doth not conform her self as aforesaid by the space of one whole year before her
Concealers misprision of Treason unless within six weeks they discover them to some Privy Counsellor c. Agnus Dei Crosses c. 3. If any bring into the Queens Dominion any Agnus Dei Crosses Pictures Beads or any such vain and superstitious thing or deliver or offer the same to any Person to be used the Person so doing and the Person receiving the same shall incur a Praemunire but if the Person to whom the render is made apprehend the Person tendring it and bring him before a Justice of Peace or being unable so to do shall within three days disclose his name and aboad or resort unto the Ordinary or some Justice of Peace within the same County or having received the same do within three dayes deliver it to some Justice of Peace he shall incur no prejudice by this Act. Justices of the Peace Privy Council 4. The Justice of Peace shall disclose the offences aforesaid to the Privy Counsel within fourteen dayes after notice to him upon pain of Praeminure 23 Eliz. cap. 1 Withdrawing the Subj from their obedience 1. By this Statute it is high Treason to have or pretend to have power or to put in practice to absolve perswade or withdraw any Person within the Queens Dominions from their natural Obedience to the Queen and her Successors or to withdraw them for the intent from the Religion now established to the Romish Religion and they also who shall be so withdrawn willingly together with their Procurers and Counsellors shall be guilty of the same offence Aiders and Maintainers 2. Their Aiders and Maintainers who discover them not within ten dayes to some Justice of Peace or higher Officer shall be adjudged guilty of Misprision of Treason Saying Mass 3. None shall say or sing Mass on pain of two hundred Marks and suffer one years Imprisonment and not to be enlarged till the Fine be paid Hearing Mass And none shall hear Mass on pain of a years Imprisonment and an hundred Marks Forfeitures 4. There shall be a third part of these forfeitures to the Queen a third part to the poor of the Parish where the offence is committed and a third part to the Prosecutor Covenous Grants 5. All covenous grants to avoid the Queens Interest or other persons that may claim by this Act or 13. Eliz. cap. 2. shall be adjudged void 27. Eliz. cap. 2. 1. By this Statute all Jesuites Seminary Priests or any Ecclesiastical persons born within the Queens Dominions and ordained or made such by the pretended Jurisdiction of the See of Rome which come into or remain in any of the said Queens Dominions shall be adjudged guilty of high Treason Jesuites c. The receivers aiders c. and their receivers aiders and maintainers knowing them to be such and at liberty shall be adjudged Fellons without benefit of Clergy Persons brought up in Seminaries beyond Sea 2. All others brought up in Seminaries beyond Sea and not as yet in Orders as aforesaid which do not within six Months after Proclamation made in London in that behalf return into this Realm and within two days after their return before the Bishop of the Diocess or two Justices of the Peace of the County where they arrive submit themselves to the Queen and her Laws and take the Oath of Supremacy they shall be adjudged guilty of high Treason Sending relief to such Seminaries 3. They who give or send relief to any such Ecclesiastical Person or Seminary or to any brought up there as aforesaid shall incur a Praemunire Where the Offences are punishable 4. These Offences are to be heard and determined in the Kings-Bench or in the County where they shall be committed or the Offender taken Submission 5. This Act not to extend to any Jesuite c. as aforesaid who within three days after his arrival shall submit himself to some Arch-bishop or Justice of Peace of the County where he lands and there takes the Oath of Supremacy and under his hand acknowledges to continue in obedience to her Majesties Laws The penalty of knowing a Jesuite or Priest and concealing â—â—m 6. He that knows a Jesuite or Priest to remain within any the Queens Dominions and doth not within twelve days discover the same to some Justice of the Peace shall be fined and suffer Imprisonment during pleasure and the Justice of Peace that doth not within twenty eight days after disclose it to some of the Privy Council c. shall forfeit two hundred Marks Oaths Submissions c. to be certified 7. All Oaths and Submissions c. as aforesaid shall be certified into Chancery by the party before whom they are taken within three months on pain of an hundred pounds Those that submit not to come to Court within ten years or within ten miles of it 8. None submitting as aforesaid shall within ten years after come within ten miles of the Court on pain to lose the benefit of his submission 29. Eliz. cap. 6. Grants of Papists 1. By this Statute the Grants and Incumbrances or limitation to uses made by Papists not coming to Church according to the 23. Eliz. cap. 1. and which are revocable by the Offenders intended for his maintenance or in consideration whereof he and his Family are to be kept shall be void against the Queen c. to hinder her for the forfeiture of their not coming to Church or saying hearing or being at Mass but this Act is not to extend to Grants made Bona Fide nor to continue the seizure after the death of the Offender c. Two parts of the Goods and third part of the Lands of Papists 2. The Queen may seize two parts of the Goods and two third parts of the Lands of such Popish Offenders as shall not after their Conviction pay into the Exchequer twenty pounds a month 35. Eliz. cap. 2. Papists after Conviction to repair to their dwellings 1. By this Act all Popish Recusants above sixteen years Old shall within forty days after their Conviction repair to their usual dwelling and not remove above five miles from thence on pain to forfeit all their Goods and Lands and Annuities during life and if they have no certain aboad they are to repair where they were born or where their Fathers and Mothers dwell and within twenty days after their arrival there to give in their Names to the Constables Headboroughs and Minister and the Minister is to keep a Book of their names and he and the said Constables and Headborroughs to certifie the same to the quarter Sessions c. Copy-holder Papist 2. A Copy-holder in this case shall forfeit his Estate for life if it continue so long to the Lord of the Mannor if no Recusant Convict or seized possessed to the use of a Recusant but if so then the Queen c. shall have it Those that after Convection will not repair to
Husbands death shall forfeit two Thirds of her Dower or Joynter and shall be uncapable of being Executrix or Administratrix to her Husband or enjoying any part of his Goods A Popish Recusant Convict shall be an Excommunicate to all intents till he conform 8. A Popish Recusant after conviction shall be to all intents reputed as a person Excommunicate until he conform and take the Oath of Obedience or Allegiance ordained by 3. Jac. 4. Yet he may sue for his Interest in Lands not seized into the Kings hands Popish Recucusant Convict must be married by a lawful Minister in open Church on pain of 120. l. 9. A Popish Recusant Convict married otherwise then in open Church by a lawful Minister according to the Church of England shall not be Tenant by the Curtesie A Woman also in this case shall lose her Dower Joynture Widdows Estate and all her Husbands Goods and where a Man cannot be Tenant by the Curtesie he shall forfeit an hundred pounds to be divided between the King and Prosecutor Their Children to be Baptized by a lawful Minister on pain of an 100. l. 10. Every Popish Recusant within a Month after the Birth of his Child shall cause it to be Baptized by a lawful Minister on pain of an hundred pounds if he outlive the Month if not his Wife is to pay the forfeiture the King to have one third part the Persecutor another and the poor of the Parish the third They must be buried in the Church or in the Church-yard on pain of 20. l. Who may go beyond Sea and upon what Licence c. 11. Every Popish Recusant is to be Buried in the Church or Church-Yard according to the Church Laws of this Realm on pain that his Executor Administrator or the party that causes him to be otherwise buried pay twenty pounds to be divided as next aforesaid 12 A Child being no Souldier Mariner Merchant or Apprentice or Factor to a Merchant shall not be sent or go beyond Sea without the Kings Licence or Six of the Privy Council the Principal Secretary being one on pain thereby to be incapable to injoy any Lands or Goods by Descent or Grant until being eighteen years of Age or above he take the Oath of Obedience before some Justice of Peace of the County where his Parents do or did dwell The penalties of going beyond Sea c. without Licence And in the mean time the next of Kin being no Papist shall injoy his Lands and Goods but shall be accomptable to the other in case he afterwards conform as aforesaid and he that so goes out of the Realm shall forfeit an hundred pounds to be divided as aforesaid Chancellor c. of both Universities shall present to the Benifice of a Recusant Convict Convict Papist may not be Executor c. 13. A Popish Recusant Convict shall be disabled to present to a Benefice but in his stead the Chancellor and Scholars of the Universities of Cambridge and Oxford shall present within several Counties respectively as by this Act is at large set forth 14. A Popish Recusants Convict shall not be an Executor Administrator or Guardian None may bring from beyond Sea or Print or Sell Popish Books c. 15. None shall bring from beyond Sea Print Sell or Buy any Popish Primmars Ladies Psalters Manuals Rosaries Portals Legends or Lives of Saints in what Language soever they shall be Printed or Written nor any other Superstitious Books written in the English Tongue on pain to forfeit forty shillings for every such Book to be divided as aforesaid 16. Two Justices of Peace and all Mayors Bayliffs and Head Officers have power to search the Houses and Lodgings of Popish Recusants Convict and of every Person Power to search Convict Papists Lodgings for Popish Books and Reliques whose Wife is a Popish Recusant Convict for Popish Books and Reliques and to burn and deface such as they shall find in their custody but such as are of value in open Sessions and afterwards restored to the Owner The Armour of Recusants Convict to be secured and those that refuse to deliver them to be punished c. 17. All the Armour Gunpowder and Ammunition of a Popish Recusant Convict shall be taken from him by Warrant from four Justices of the Peace at the General Sessions other then such Weapons as shall be allowed him by the said Justices for defence of his house against Thieves c. which Armour c. shall be kept at the costs of such Recusant in such places as the said Justices shall appoint and shewed at every Muster as his Arms together with his Horse which he shall buy provide and maintain for that purpose according to his ability as other Subjects do and the Recusant that refuseth to declare what Armour and Ammunition he hath and deliver it to such Persons as shall have power to seize it he shall forfeit the same to the King and by Warrant from any Justice of Peace of that County be imprisoned for three Months without Bayle 7. Jac. Cap. 6. Oath of Obedience 1. By this Statute is set forth who shall give and who shall take the Oath of Allegiance and within what time and before whom a Barron or Barroness of or about eighteen years old shall take it See the Statute at large Barrons and Barronesses convicted of Recusancy who may tender this Oath to them Who to a common person 2. If a Barron or Barroness stand Presented Indicted or Convicted of Recusancy three of the Privy Council whereof the Lord Chancellor Treasurer Privy-Seal or Principal Secretary to be one shall â— minister to them the said Oath but if he be a convicted person under those degrees or if the Minister petty Constables or Church-wardens of any Parish or any two of them shall complain to any Justice of the Peace of any person suspected of Recusancy then the said Justice may in either of the said Cases minister the said Oath and upon refusal commit the party to Prison there to remain until the next Assizes or Sessions where if he or she again refuse to take it they shall incur a Praemunire Premunire except Women Covert who shall only be Imprisoned in this Case and there remain without Bayl until they take the said Oath The Penalty of refusing the Oath 3. None refusing the said Oath shall be capable of any Office of Judicature or other Office being no office of Inheritance or Ministerial Function Lawyers c. refusing it or to practise the Common Law Physick Chyrurgery the Art of Apothecary or any liberal Science for Gain A married woman convicted of Recusancy her penalty 4. If a Married Woman be a convicted Recusant and do not conform within three Months after conviction she shall be committed to Prison by a Privy Counsellor or the Bishop of the Diocess if she be a Barroness but if of a lower degree then she shall be committed