THis Book having been left with me I have perused divers parts of it as my leisure would permit and finding it judiciously Written and the design of it being very Useful and Seasonable I do recommend it to the Publick 14 June 1680. Fra. North. THE LAWS OF Q. ELIZABETH K. JAMES and K. CHARLES the First CONCERNING Iesuites Seminary Priests Recusants c. And concerning the Oaths of Supremacy and Allegiance EXPLAINED BY Divers Judgments and Resolutions OF THE REVEREND JUDGES Together with other Observations upon the same Laws TO Which is added the Statute XXV CAR. II. cap. 2. for preventing dangers which may happen from POPISH RECUSANTS And an Alphabetical Table to the whole By William Cawley of the Inner Temple Esq LONDON Printed for John Wright and Richard Chiswell at the Crown on Ludgate-Hill and the Rose and Crown in St. Paul's Church-Yard MDCLXXX TO THE READER THe principal scope and intent of the poenal Statutes here presented to thy view is To assert the Kings Ecclesiastical Jurisdiction To abolish the exercise of that which is forreign and was usurped and to forbid the entrance of such into the Realm who would restore that which is abolished To prevent the Reconciliation of the Kings Subjects to the Church of Rome and their Education in the Religion there professed and taught To oblige them by Oaths held one of the most strict and sacred tyes among men to that Obedience which they owe their Prince To take away from seditious and dangerous persons the power of doing hurt To procure a general Conformity to the Religion established and to inflict capital and other punishments on the infringers of these Laws 'T is no part of my design to sharpen this two edged Sword but only to take off some of its rust that by the brightness it may be the better discerned and avoided And to give some light such as my own obscurity will afford what are the just measures to be taken in reference to the Laws here treated of The Judgments and Resolutions of the Reverend Judges upon the several branches of these Statutes and of others likewise here occasionally mentioned as far as they relate to the subject in hand which lye scattered in the printed Books are here collected and placed under proper heads And this is the only thing the Statutes themselves excepted for which I durst recommend the Book to thy perusal Besides which there are several other Authorities cited in the Cases which arise upon these poenal Laws And here and there where the path is untrodden I have adventured to add some observations of my own Wherein I am sensible enough how great a hazard I run But my Apology shall be that they are offered only as probable Opinions and so I would be understood which where Authorities fail can have no other Basis to fix themselves on then the Rules of Law aptly applied by the strength of Reason And if in any of them the Reason offered shall by the learned be thought too weak or the Rule of Law misapplied I shall not insist upon the misfortunes of others who have made Essays of the like nature as a just excuse for mine but support my self with this hope that such will be most ready to pardon me who are the best able to censure me and that where I find the one I shall not fail of the other As for the mistakes which I have noted in those who have written more or less upon these Statutes I presume what I have done cannot be taken amiss seeing my aim is no other then theirs was to represent things truly as they are though we may sometimes miss the mark And I was the rather induced to rectifie them for that I found divers of them con-concern the Justices of Peace whose leisure or inclinations may not always serve them to peruse the Statutes at large and who by trusting to those shorter Tracts or Abridgments they have by them may be misled in the execution of their Office There is only one thing more which is to give thee notice that where I cite Wingate 't is intended of his Abridgment of the Statutes a work laborious enough but not always complying with the sense of the Statute Abridged and therefore here in several places corrected W. C. Stat. I Eliz. cap. I. An Act restoring to the Crown the ancient Jurisdiction over the Estate Ecclesiastical and Spiritual and abolishing all Forreign Powers repugnant to the same MOst humbly beseech your most excellent Majesty Stat. Sect. 1. your faithful and obedient Subjects the Lords Spiritual and Temporal and the Commons in this your present Parliament assembled that where in the time of the Reign of your most dear Father of worthy memory K. Henry the Eighth divers good Laws and Statutes were made and established as well for the utter extinguishment and putting away of all usurped and Forreign Powers and Authorities out of this your Realm and other your Highnesses Dominions and Countries as also for the restoring and uniting to the Imperial Crown of this Realm the ancient Iurisdictions Authorities Superiorities and Preheminences to the same of right belonging and appertaining by reason whereof We your most humble and obedient Subjects Great Exactions were taken by Forreign Power before the 25th year of K. H. 8. of the Inhabitants of this Realm from the five and twentieth year of the Reign of your said dear Father were continually kept in good Order and were disburthened of divers great and intolerable charges and exactions before that time unlawfully taken and exacted by such Forreign Power and Authority as before that was usurped until such time as all the said good Laws and Statutes by one Act of Parliament made in the first and second years of the Reigns of the late K. Philip and Q. Mary your Highnesses Sister entituled An Act repealing all Statutes Articles and Provisions made against the See Apostolick of Rome since the twentieth year of K. Henry the Eighth and also for the Establishment of all Spiritual and Ecclesiastical Possessions and Hereditaments conveyed to the Laity were all clearly repealed and made void as by the same Act of Repeal more at large doth and may appear By reason of which Act of Repeal your said humble Subjects were eftsoons brought under an usurped Forreign Power and Authority and yet do remain in that bondage to the intolerable charges of your loving Subjects if some redress by Authority of this your High Court of Parliament with the assent of your Highness be not had and provided Stat. Sect. 2. May it therefore please your Highness for the repressing of the said usurped Forreign Power and the restoring of the Rights Iurisdictions and Preheminences appertaining to the Imperial Crown of this your Realm that it may be enacted by Authority of this present Parliament That the said Act made in the said first and second years of the Reigns of the said late K. Philip and Q. Mary A repeal of the Stat. of
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
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
Contents thereof or secretly deliver out such Books to others he knowing the Contents thereof unless in this last Case he be a Trader in them and deliver them out upon that Account without any act or attribution by conference or allowance he is an Offender within this Act by the words Hold and stand with to maintain c. and so is the receiver likewise if he afterwards Reads and Confers upon any such Book with any other person and in his Conference by any Words or Speeches allows the Book to be good or conveys it secretly to his Friend to the intent he should Read it and be perswaded to be of that Opinion or if a man hear of the Contents of such Book by the report of others and doth by any overt Speech commend or affirm it to be good In all these Cases the Person so doing especially he that reads it and then allows of it is an Offender within this Act and shall for the first Offence incur a Praemunire and for the second be Guilty of high Treason So likewise if any Book to that effect be made and Written within the Realm and sent over Seas as if it were made out of the Realm and be afterwards Bought Read or Conference be had thereupon ut supra such Offences are within the danger of this Law Dyer 11 El. 281. 282. vide Co. l. 6. Praefat ' Vpon purpose and to the intent The intent material A. was Indicted upon this Statute and that of 13 Eliz. cap. 2. of a Praemunire for aiding one B. knowing him to be a principal maintainer of the Authority and Jurisdiction of the Bishop and See of Rome contra formam Statut ' praedict ' and the Indictment was certified into the Kings Bench And it was held by the greater part of the Justices that the Indictment was insufficient for want of those words Vpon purpose and to the intent to set forth and extol the Authority c. And contra formam Statut ' will not supply that defect Trin. 20 Eliz. Dyer 363. Note in the Report of this Case the Statute of 1 Eliz. is mistaken for this of 5 Eliz. there being no mention of the intent in that of Primo Stat. 1 Eliz. 1. The intent is a hidden thing and lies in the Heart and therefore there must be some overt Act or Speech which declares the intent for the intent it self is not traversable What traversable but that by which it is made manifest as was adjudged in Boothes Case Co. 5. 77. And it is also Enacted by the Authority aforesaid Stat. That as well Iustices of Assize in their Circuits as Iustices of Peace within Sect. 3 the limits of their Commission and Authorities What Justices may inquire of and certifie the Offences aforesaid or two of every such Iustices of Peace at the least whereof one to be of the Quorum shall have full Power and Authority by vertue of this Act in their Quarter or open Sessions to inquire of all Offences Contempts and Transgressions perpetrated committed or done contrary to the true meaning of the Premises in like manner and form as they may of other Offences against the Quéens Peace and shall certifie every Presentment before them or any of them had or made concerning the same or any part thereof before the Queén her Heirs and Successors in her or their Court commonly called the Kings Bench within forty days next after any such Presentment had or made if the Term be then open and if not at the first day of the full Term next following the said forty days upon pain that every of the Iustices of Assize or Iustices of the Peace The Penalty for default of Certificate of the said Offences before whom such Presentment shall be made making default of such Certificate contrary to this Statute to lose and forfeit for every such default One hundred pounds to the Quéens Highness her Heirs and Successors And it is Enacted by the Authority aforesaid The Justices of the Kings Bench may hear and determine the Offences aforesaid That the Iustices of the Kings Bench as well upon every such Certificate as by enquiry before themselves within the limits of their Authorities shall have full Power and Authority to hear order and determine every such Offence done or committed contrary to the true meaning of this present Act according to the Laws of this Realm in such like manner and form to all intents and purposes as if the Person or Persons against whom any Presentment shall be had upon this Estatute had beén Presented upon any matter of offence expressed in the said Estatute made in the said Sixteenth year of King Richard the Second All Offences c. contrary to the true meaning of the Premises That is the Offences in holding or standing with to extol c. the Jurisdiction of the See or Bishop of Rome or attributing such Jurisdiction c. or Procuring Counselling c. which is here for the first Offence made a Praemunire For these are the only Premises in the Act and this Clause extends not to the Oath of Supremacy or any Offence in refusing of it much less to all Offences against this Act as 't is mistaken in the late Additions to Dalton cap. 140. tit High Treason Sect. 11. Nor doth it seem to be the intent of the Statute to give the Justices of Peace any Power to inquire of any Offence made High Treason thereby The Power of Justices of Peace herein For the Power here given to the Justices of Peace is only to inquire of Offences contrary to the true meaning of the Premises and the Premises extend only to those Offences made a Praemunire And this clearly appears by the subsequent words viz. That the Presentment thereof shall be certified into the Kings Bench who shall hear and determine every such Offence as if the Offender had been Presented upon any matter in the Statute of 16 R. 2. Now that cannot be intended of High Treason And of Justices of Assize The like may be said of Justices of Assize for as they are meerly Justices of Assize they cannot by force of this Act inquire of either the first or second Offence in refusing the Oath of Supremacy nor of the second Offence in extolling the Bishop of Romes Authority only for the first Offence of this last kind they may inquire and take Indictments thereof and certifie them into the Kings Bench but then by their Commission of Oyer and Terminer they may not only inquire of the first or second Offence in extolling the Bishop of Romes Authority or refusing the Oath of Supremacy but may hear and determine them And accordingly were Slade and Bodye Indicted Arraigned and Tried in the County of Southampton of a Praemunire for the first Offence in extolling the Bishop of Romes Authority upon which they were Attainted and afterwards of Treason for the second Offence before Sir Roger Manwood and Justice
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.
persons authorized or claiming Authority by or from the said Bishop or Seé of Rome to Consecrate or Hallow the same which said Agnus Dei is used to be specially Hallowed and Consecrated as it is termed by the said Bishop in his own person and the said Crosses Pictures Beads and such like superstitious things been also hallowed either by the same Bishop or by others having power or pretending to have power from him or his said Sée and divers Pardons Immunities and Exemptions granted by the Authority of the said Sée to such as shall receive and use the same and that if the same person or persons so bringing in as is aforesaid such Agnus Dei and other like things as have been before specified shall deliver or cause or offer to be delivered the same or any of them to any Subject of this Realm or of any the Dominions of the same to be worn or used in any wise that then as well the same person and persons so doing as also all and every other person or persons which shall receive and take the same to the intent to use or wear the same being thereof lawfully Convicted and Attainted by the order of the Common Laws of this Realm shall incur into the dangers penalties pains and forfeitures ordained and provided by the Statute of Praemunire and Provision made in the sixteenth year of the Reign of King Richard the Second Bringers in offerers and deliverers And that if the same Person or Persons so bringing in A man brings into the Kings Dominions such Agnus Dei or other like superstitious things and another offers or delivers them It seems that neither he that brings them in nor he that offers or delivers them is within this Act or liable to the penalty for by the express words it must be the same person So that neither the bringer in unless he offer or deliver them or cause them to be delivered nor he who delivers them or causeth or offereth them to be delivered unless he be the person who brought them in is an Offender within the Act. To whom an Agnus Dei c. may not be offered or delivered To any Subject of this Realm c. The offer or delivery of such Agnus Dei or other superstitious thing to any sort of person is not an offence within this Act as Wingate supposes it to be tit Crown Numb 37. But to make it an Offence it must be delivered or offered to a Subject of this Realm or of the Dominions of the same The intent material To be worn or used c. to the intent to use or wear the same The Intent is material in this Case an◠therefore If a man be Indicted upon this Statute for bringing in and offering or delivering such Agnus Dei c. or receiving the same the intent must be mentioned in the Indictment as it must be in Indictments upon all Statutes where the intent as here is made part of the offence So in an Indictment upon the Statute of 5 E. 6. cap. 4. Stat. 5 E. 6. 4. it is not enough to say the party drew his Dagger in the Church against J. S. but it must be averred that he did it with an intent to strike him as was Resolved by the Court of Kings-Bench Trin. 33 Eliz. in Penhalls Case Leonard 4. 49. C. 127. It seems by the words of this Statute that to make the Receiver of such superstitious things an offender within it there must be a concurrence of intentions for the using or wearing them both in the giver and receiver And that therefore if a person coming from beyond the Seas brings into this Realm any such superstitious things but with no intent that they should be worn or used and gives them to his friend at his request who receives them with an intent to wear or use them this is penal to neither Not to the giver for he had no superstitious intent and the intent is material nor to the receiver for that the offering or delivering them to be worn or used is expresly made in the Statute a condition precedent to the obliquity of the fact in receiving them for the Statute saith Then as well the person so doing as also every other person receiving them to that intent shall incur a Praemunire So that then only when the person delivering them so doth that is delivers them to be worn or used the person receiving them to that intent shall incur a Praemunire But yet there needs not any such concurrence of intentions in the giver and receiver to make the giver an offender And therefore if a man brings into the Realm such superstitious things and delivers them to be worn or used though the party receive them not to the intent to use or wear them but defaces burns or otherwise destroies them yet he that gave or delivered them incurs a Praemunire for the words in the Act relating to the Offerer or Deliverer are intire in themselves and have no dependance on the subsequent words relating to the receiver but generally make all Offenders who bring them in and either offer or deliver them to a superstitious intent without any respect to the intent of the party who receives or is offered them Provided nevertheless Stat. Sect. 7. Apprehending an Offender or disclosing his name and be it further Enacted by the Authority aforesaid That if any person or persons to whom any such Agnus Dei or other the things aforesaid shall be tendered and offered to be delivered shall apprehend the party so offering the same and bring him to the next Iustice of Peace of that Shire where such tender shall be made if he shall be of power and able so to do or for lack of such ability shall within the space of three days next after such offer made as is aforesaid disclose the name or names of such person or persons as so shall make the same offer and the dwelling place or place of resort of the same person or persons which he shall indeavor himself to know by all the ways and means he can to the Ordinary of that Diocess or to any Iustice of Peace of that Shire where such person or persons to whom such offer shall be made as is aforesaid shall be resiant And also Delivering of Agnus Dei received to the Ordinary or a Justice of Peace if such person or persons to whom such offer shall be made shall happen to receive any such Agnus Dei or other thing above remembred and shall within the space of one day next after such receipt deliver the same to any Iustice of Peace within the same Shire where the party so receiving shall be then resiant or shall happen to be That then every such person or persons doing any the Acts or things in this Proviso above mentioned in forme above declared shall not by force of this Statute incur any danger or penalty appointed by this Statute or