the arrearages of twenty pounds monthly before such seizure due or payable shall ensue or be continued against such Offender so long as the same person shall continue in coming to Divine Service according to the intent of the said Estatute It was resolved by all the Judges Mich. 37 38 Eliz. That if a man had been convicted according to this Statute by Proclamation upon default and afterwards conformed himself Where Conformity discharges the penalty he should be discharged of the penalty due upon his Conviction notwithstanding these words and full satisfaction of all the Arrearages And the reason of this given by Coke Chief Justice B. R. in Dr. Fosters Case is for that this Statute saith That such Conviction should be as sufficient as if there were a Verdict recorded but 't is only a Judgment which converts the penalty into a Debt and not a Verdict And here all penalties are discharged upon Conformity unless such as are converted into a Debt But otherwise it would have been if there had been a Judgment against the Recusant upon Trial or Confession on the Statute of 23 Eliz. cap. 1. Stat. 23 Eliz. 1. For then his Conformity would have come too late to have saved the penalty incurred by his Conviction For by the Judgment the penalty was converted into a Debt Rolles 1. 94. C. 41. Quaere tamen Whether these words here due and payable are to be understood due and payable upon a Judgment only However now by the Statute of 1 Jac. cap. 4. 1 Jac. 4. if the Recusant conform either before or after Judgment he shall be discharged of all penalties But the profits of the Recusants Lands taken before his Conformity shall never be restored Savile 130. C. 201. The profits not to be restored It hath been questioned upon this Statute Where the penalty is discharged upon the death of the Recusant where not if a Recusant convicted by Proclamation upon default had died before seizure of two parts of his Lands whether his Lands might have been seized after his death for the Arrearages of the 20 l. per month or if they were seized in his life time whether they should have been discharged after his death without payment of such Arrears And the Opinion of those who held that the seizure should neither ensue nor continue after his death but that the Arrears were discharged was principally grounded upon the aforesaid construction of this Statute viz. that due and payable extended only to Arrearages due and payable upon a Judgment and converted into a Debt But when the Recusant was convicted by Proclamation the penalty was never converted into a Debt and therefore when he died there were no Arrearages due in the sense of this Statute for the heir to pay And yet that by such Offender here is generally intended all Recusants convicted as well by Proclamation upon default as upon Judgment and the heirs of either should have had the benefit of this Proviso viz. That upon the death of the Ancestor no seizure should ensue or be continued only in the Case of a Judgment the Arrears were to have been paid But there seems now to be no further need of this Question for the Statute of 1 Jac. cap. 4. Stat. 1 Jac. 4. meets with both these Cases For if there be no seizure of the Recusants Lands in his life time the discharge of the heir will depend upon his Conformity and if there were a seizure the two parts shall continue in his Majesties possession till the Arrears are paid and satisfied Intailed Lands when discharged and when not But this is not intended of intailed Lands For without any aid of this Proviso if a Recusant Tenant in Tail be convicted by Proclamation upon default and dies neither any seizure for the Arrears of the 20 l. per month shall ensue after his death nor if they were seized in his life time shall the seizure be continued after his death nor is the Heir in Tail bound to pay any such Arrears But if a Judgment be had against the Recusant Tenant in Tail in his life time the Heir is bound in that Case of which see farther in Stat. 1 Jac. cap. 4. Sect. 4. If a Judgment was had against the Recusant before the said Statute of 1 Jac. and he had died before seizure of the two parts of his Lands The question was whether after his death they might have been seized by force of this Statute of 29. for the Arrears of the penalty incurred in his life time For that the seizure here given is meerly in nature of a nomine poenae or penalty inflicted for his contempt in not paying the 20 l per month and should not have gone in satisfaction of the Debt But the Queen should have held the Land till the 20 l. per month were otherwise paid and satisfied And when this penalty of seizure was not executed in the Recusants life time by his death the contempt was gone and consequently the penalty inflicted for that contempt could not then be put in Execution Vide Lane 92 93. Beckets Case Ibid. 107. Halseys Case Stat. 1 Jac. 4. But now by the Statute of 1 Jac. 4. the seizure is not as a meer penalty for the contempt of non-payment but for the satisfying of the King of the Arrears of the 20 l. per month and the profits of the Land shall go towards the payment and satisfaction thereof so that now there is no question but the two parts of the Recusants Lands may be seized after his death Seizure after the Recusants death unless the Heir discharge himself by his Conformity Note Discharge upon Affidavit in all these Cases of seizure where the Land is to be discharged upon the death of the Recusant although an Affidavit be made of his death and a discharge obtained thereupon yet 't is a Rule in the Court of Exchequer Commission to enquire That a Commission shall be awarded first to enquire Savile 130. Case 201. And where by the said former Estatute Stat. Sect. 8. The third part of the forfeiture how to be disposed of the third part of the forfeitures for not coming to Divine Service is limited to the Poor Be it further Enacted by the Authority aforesaid That it shall and may be lawful to and for the Lord Treasurer of England Chancellor and Chief Baron of the Exchequer for the time being or two of them to assign and dispose of the full third part of the twenty pounds for every month paid or to be paid into the Receipt of the Exchequer as is aforesaid for the relief and maintenance as well of the Poor and of the Houses of Correction as of impotent and maimed Soldiers as the same Lord Treasurer Chancellor and Chief Baron or any two of them shall order or appoint Any thing in the said Estatute made in the said thrée and twentieth year of her Majesties Reign mentioned to
be a Popish Recusant convict at any time after his or her conviction shall exercise any publick Office or Charge in the Commonwealth but shall be utterly disabled to exercise the same by himself or by his Deputy except such Husband himself and his Children which shall be above the age of nine years abiding with him and his Servants in houshold shall once every month at the least not having any reasonable excuse to the contrary repair to some Church or Chappel usual for Divine Service and there hear Divine Service And the said Husband and such his Children and Servants as are of méet age receive the Sacrament of the Lords Supper at such times as are limited by the Laws of this Realm and do bring up his said Children in true Religion This Clause extends not to all sorts of Recusants who are convicted or have Wives who are Recusants convicted as is mistaken in the late additions to Dalton cap. 81. tit Recusants Sect. 46. To whom this clause extends But at this day only to the Popish Recusant convicted or having a Wife who is a Popish Recusant convicted To whom not A Popish Recusant not convicted hath a Wife who is convicted of Recusancy but is no Popish Recusant The Husband is not disabled by this Statute to exercise any publick Office or Charge for that neither the Husband is a convicted Recusant nor the Wife a Popish Recusant A person who is convicted of Recusancy but is no Popish Recusant hath a Wife who is a Popish Recusant but not convicted The Husband is out of this Branch of the Statute for that neither the Husband is a Popish Recusant nor the Wife convicted Stat. Sect. 11. A Married Woman being a Popish Recusant And be it also Enacted by the Authority aforesaid That every Married Woman being or that shall be a Popish Recusant convict her Husband not standing convicted of Popish Recusancy which shall not conform her self and remain conformed but shall forbear to repair to some Church or usual place of Common Prayer and there to hear Divine Service and Sermon if any then be and within the said year receive the Sacrament of the Lords Supper according to the Laws of this Realm by the space of one whole year next before the death of her said Husband shall forfeit and loose to the Kings Majesty his Heirs and Successors the issues and profits of two parts of her Ioynture and two parts of her Dower in thrée parts to be divided during her life of or out of any the Lands Tenements or Hereditaments which are or were her said Husbands and also be disabled to be Executrix or Administratrix of her said Husband and to have or demand any part or portion of her said late Husbands Goods or Chattels by any Law custom or usage whatsoever The issues and profits of two parts of her Ioynture and two parts of her Dower A Woman may have Joynture and Dower both And not of two parts of her Joynture or Dower as Wingate tit Crown numb 134. For there are divers Cases where notwithstanding the Statute of 27 H. 8. cap. 10. the Wife shall have her Dower and Joynture both And forfeit two parts of both And if she offend against this branch she shall forfeit the profits of two parts of both And that not only where the Joynture made to her is not warranted by that Statute but in some Cases where the Joynture is pursuant and according to the Statute she shall have her Dower and Joynture both Of the first sort are these Where the Joynture is not warranted by Stat. 27 H. 8. 10. If an Estate be made of Lands to the Wife for the life of another Co. 4. 3. Vernons Case Or for a thousand years or for a thousand years if she live so long Co. 1. Inst 36. Or if a Rent be granted to the Wife for the life of another or for years or any other way not pursuant to that Statute Vide Anderson 1. 288. c. 296. Bickley's Case Anderson 2. 30 31. c. 20. Wentworths Case Or if an Estate be made to others in fee or for the Wives life upon Trust for her benefit Co. 1. Inst 36. Or if a man Covenant to stand seized to the use of himself in Tail the Remainder to the use of his Wife for life Pasch 16. Jac. B. R. Woods Case Or if the Husband make a Feoffment in see to the use of himself for life the remainder to another for life or years the remainder to the Wife for her life Co. 4. 2. 3. Hutton 51. Sherwells Case In all these Cases although the Lands or Rent were conveyed to the Wife for her Joynture yet the Estate not being within the Statute of 27 H. 8. her acceptance thereof shall not bar her Dower but she shall have such Joynture and her Dower also And the reason why in the two last Cases the Wife shall not be barred of her Dower although there be an Estate limited to her for her life is because the Estate is not in its first Creation appointed to take immediately after the death of the Husband And no matter which arises ex post facto can salve this or make it a Joynture within that Statute to bar her Dower And therefore if in the first of those two Cases the Husband Tenant in Tail dies without issue or if in the last Case he in the remainder die before the Husband or the term for years determines in the Husbands life time so that the Wife may enter presently after his death yet because the Estate to the Wife for her life was not originally limited to take immediately after his death it shall not bar her Dower For quod ab initio non valet in tractu temporis non convalescet Co. 4. 2 3. Hutton 51. And as in all the Cases before mentioned if the Estate were made for her Joynture the Wife shall have such Joynture and her Dower both so if she be an Offender within this branch of the Act and conform not within the year next before her Husbands death she shall forfeit the profits of two parts of both Of what Lands she shall not forfeit the profits But otherwise it is where an Estate is given or limited by the Husband to the Wife and it s neither expressed nor can be averred and proved to be given or limited for her Joynture or in recompence of her Dower And therefore if any of the Estates before mentioned which are not within the Statute of 27 H. 8. be granted or limited to the Wife by the Husband or any other Estate for her life or otherwise which would be a good Joynture within the said Statute if it were intended for a Joynture as if a man before or after Marriage Covenants to stand seized of Lands to the use of himself for life the Remainder to his Wife for her life and it is neither expressed in the Deed nor can be averred and
and really in him who hath the right of nomination as is held in 14 H. 4. 11. Chancellor and Schollers of the Vniversity Chancellor and Schollers a good description Although the University be incorporated by the name of Chancellor Masters and Schollers yet the description here made of them by the name of Chancellor and Schollers is well enough and sufficiently denotes the persons intended And the University shall have the presentation c. as if the true name of the Incorporation had been expressed For Acts of Parliament as well as Wills are to be taken according to the intent of the Makers and not according to the strict Letter Co. 10. 57. Shall have the presentation c. What is given the University It hath been made a Question what is given the University by these words whether only a bare power or liberty to present or a setled estate and interest in the Partronage or Advowson See the before cited Case of Standen versus University d'Oxon Jones 22 23 25 26. where two Justices Hutton and Jones were divided in opinion upon this point For Hutton held that that which is given to the University by this Act is a setled estate and interest and compared it to the interest or estate of the Lord who was to hold the Land until he was satisfied the value of the marriage of the Heir and to that of the Conusee by the Statute of Acton Burnell and to an estate given to a Man until a hundred pounds be paid In all which Cases the party hath a setled estate and interest in the Land But Jones held the contrary and that the University hath by this Act only a power or liberty to Present when the Church becomes void and compared it to the power given to the Bishop to Present by lapse after the six months and to that given by the Statute of Proviso's 25 E. 3. where the Pope provides Stat. 25 E. 3. 31 Eliz. 6 and to that given the King by the Statute of 31 Eliz. of Simony In which Cases no Estate or Interest is transferred but only a power or liberty granted to Present For this Act doth not remove the Patronage from the Popish Recusant The Recusant is still Patron but that continues still in him and he is Patron notwithstanding his Conviction and as Patron shall confirm a Lease made by the Incumbent as he might have done before his Conviction which proves that the Interest of the Patronage is not devested out of him nor consequently setled in the University Private clause Note Although this be a general Statute and that part of it which disables the Recusant to Present c. or to grant any Avoidance be general of which the Judges ought to take notice yet this part of it which gives the Presentation c. to the Universities is special and private for that it concerns only particular persons and must be pleaded or specially found or otherwise the Judges cannot take notice of it Hobart 227. Anne Needler versus the Bishop of Winchester Co. 10. 57. See the Rules touching publick and private Acts of Parliament and touching special or private Clauses in general Acts of Parliament 13 E. 4. 8. Co. 4. 76 77. Hollands Case During such time as the Patron thereof shall be and remain a Recusant Convict Conviction when requisite If the University bring a Quare Impedit upon this Statute they must averr that the Popish Recusant Convict was and remained such at the time when the Church became void For without that they do not enable themselves to Present But they need not averr that he remains a Popish Recusant Convict at the time of the bringing of the Quare Impedit for when the Presentment hac vice is once vested in the University although the Recusant conform or die yet the University shall Present Co. 10.57 58. University hath a limited power These words are words of restraint and the Statute gives only a limited power to the University scil so long as the Recusant shall be Patron or the Patron shall be a Recusant So that if before the Church becomes void the Recusancy be removed from the Patron by his Conformity or the Patronage be removed from the Recusant although he continues a Recusant the University have lost their power to Present Jones 19. And therefore if the Patron grant the Advowson in Fee or in Tail Grants which bar the University or for life or years these Cases are out of the Statute And although after the Grant he becomes a Popish Recusant Convict and then the Church becomes void yet the University shall not Present And it seems that although the Patron make such Grant of the Advowson after his Conviction and before the Church is void yet this shall bar the University For the Patronage was before the Avoidance removed from the Recusant Jones 19. Co. 10. 56. contrary to the Opinion of Hutton who held that if a man make a Lease for years of an Advowson yet if afterwards he becomes a Popish Recusant Convict the University shall have the Presentation as a future interest given to them by this Act notwithstanding such Lease Jones 26. And the reason why by such Grants the University shall be barred is for that the disability here inflicted on the Recusant is only a disability to Present or to grant the next Avoidance which extends not to any of the Grants beforementioned nor severs the Patronage from the Patron as those other Grants do And the intent of the Statute is to prevent a Presentation by the Recusant or by him to whom he should grant the next Avoidance Intent of the Statute who it was presumed would Present such an one as the Recusant should appoint But now when he grants the Advowson it self away that mischief is prevented and the Statute intended not in that Case to give away the Presentation from the Grantee to the University Jones 19 20. And yet if the Recusants Grant of the Advowson in Fee Covinous Grant or in Tail or for life or years were by Covin or in Trust on purpose to avoid this Statute and be averred and found so to be such Grant shall not bar the University Jones 20. Co. 10. 56. Vide Godbolt 216. C. 309. But then the Averment Averment in such Case must not be of Covin or Fraud to any other intent only but it must be averred to be to the particular intent to avoid this Statute and defeat the University of the Presentment and so it must be found by the Jury Verdict For if it be averred or the Jury find that the Recusant granted away the Advowson for any other Covinous purpose Intent as to deceive Creditors or the like and not to avoid this Act this will not help the University nor shall they take advantage thereof so as to devest or impeach the Interest or Estate of the Grantee in the Advowson And this
Heir or Successor as was adjudged in the Case of an Annuity granted to Sir Thomas Wroth during his life Plowden 457. Provided always Stat. Sect. 8. Trial of a Peer If it happen at any time hereafter any Péer of this Realm to be Indicted of any Offence made Treason Felony or Praemunire by this Act That he shall have his Trial by his Péers as in other Cases of Treason Felony or Praemunire is accustomed Provided nevertheless and it is declared by authority aforesaid That if any such Iesuit Seminary Priest or other Priest abovesaid shall fortune to be so weak or infirm of Body that he or they may not pass out of the Realm by the time herein limited without eminent danger of life and this understood as well by the Corporal Oath of the party as by other good means unto the Bishop of the Diocess and two Iustices of Peace of the same County where such person or persons do dwell or abide That then and upon good and sufficient Bond of the person or persons with Sureties of the sum of Two hundred pounds at the least with condition that he or they shall be of good behavior towards our Sovereign Lady the Queén and all her liege people Then he or they so licensed and doing as is aforesaid shall and may remain and be still within this Realm without any loss or danger to fall on him or them by this Act for so long time as by the same Bishop and Iustices shall be limited and appointed so as the same time of aboad exceed not the space of six months at the most And that no person or persons shall sustain any loss or incur any danger by this Act for the receiving or maintaining of any such person or persons so licensed as is aforesaid for and during such time only as such person or persons shall be so licensed to tarry within this Realm Any thing contained in this Act to the contrary notwithstanding Stat. Sect. 9. One knowing a Jesuit or Priest to remain in the Realm must discover it to a Justice of Peace or higher Officer And be it also further Enacted by Authority aforesaid That every person or persons being Subject of this Realm which after the said forty days shall know and understand that any such Iesuit Seminary Priest or other Priest abovesaid shall abide stay tarry or be within this Realm or other the Queéns Dominions and Countries contrary to the true meaning of this Act and shall not discover the same unto some Iustice of Peace or other higher Officer within twelve days next after his said knowledge but willingly conceal his knowledge therein that every such Offender shall make Fine and be imprisoned at the Quéens pleasure And that if such Iustice of Peace or other such Officer to whom such matter shall be so discovered do not within Eight and twenty days then next following give Information thereof to some of the Quéens Privy Councel or to the President or Vice-president of the Quéens Councel established in the North or in the Marches of Wales for the time being That then he or they so offending shall for every such Offence forfeit the sum of two hundred marks And be it likewise Enacted by the Authority aforesaid That such of the Privy Councel President or Vice-president to whom such Informations shall be made shall thereupon deliver a note in writing subscribed with his own Hand to the party by whom he shall receive such Information testifying that such Information was made unto him Being Subject of this Realm And not any person as Wingate tit Crowne numb 59. mistakes What is meant by a Subject of this Realm Subject of this Realm who Vide Stat. 3 Jac. cap. 4. Sect. 23. Vnto some Iustice of Peace or other higher Officer Vide Stat. 35 Eliz. cap. 2. Sect. 8. At the Quéens pleasure Fine and imprisonment at the Queens pleasure In this Case the Offender must be proceeded against according to the course of Law for he cannot be fined or imprisoned at the Kings pleasure by force of this Statute before he be Indicted Convicted and Judgment given against him And so were the proceedings against Sir Thomas Figet for going armed contrary to the Statute of 2 E. 3. Stat. 2 E. 3. 3 cap. 3. For the Book 24 E. 3. 33. saith that he was arraigned c. And if in this Case the Offender be committed to prison in order to his Trial and conviction yet before Judgment or at least before conviction he may be let to mainprize and the Fine shall be imposed by the Justices before whom he is convicted Justiciarii per eorum discretionem assessent finem non Dominus Rex per se in Camera sua nec aliter coram se nisi per Justiciarios suos haec est voluntas Regis viz. per Justiciarios suos legem suam unum est dicere 2 R. 3. 11. vide Co. 4. Inst. 71. 179. Note Sir Robert Brook in abridging the forementioned Case of Sir Thomas Figet saith that he was committed to the Prison of the Marshalsey and could not be mainprized until the King had signified his pleasure but omits the principal matter worthy of observation viz. That he was first arraigned c. Bro. Contempts 6. And be it also Enacted That all such Oaths Stat. Sect. 10. All Oaths Bonds and submissions to be certified into the Chancery Bonds and Submissions as shall be made by force of this Act as aforesaid shall be certified into the Chancery by such parties before whom the same shall be made within thrée months after such submission upon pain to forfeit and lose for every such Offence One hundred pounds of lawful English money the said forfeiture to be to the Quéen her Heirs and Successors None submitting himself shall come within ten miles of the Queen And that if any person so submitttng himself as aforesaid do at any time within the space of Ten years after such submission made come within Ten miles of such place where her Majesty shall ve without especial Licence from her Majesty in that behalf to be obtained in writing under her Hand that then and from thenceforth such person shall take no benefit of his said submission but that the same submission shall be void as if the same had never béen Stat. xxix Eliz. cap. vi An Act for the more speedy and due Execution of certain Branches of the Statute made in the 23 d. year of the Queens Majesties Reign Entituled An Act to retain the Queens Majesties Subjects in their due Obedience FOr avoiding of all Frauds and Delays heretofore practised Stat. Sect. 3. Certain assurances made by Recusants shall be void against the Queen or hereafter to be put in ure to the hindrance of the due and spéedy Execution of the Statute made in the Session of Parliament holden by Prorogation at Westminster the sixtéenth day of January in the thrée and twentieth year of
mentioned in this Act but that the heir of every such Offender by force of this Act shall and may after the death of every Offender have and enjoy the Lands Tenements and Hereditaments of such Offender as if this Act had not beén made Every Abjuration Abjuration as well as that for Felony is an Exile or Banishment and if perpetual and by Authority of Parliament amounts to a civil death and therefore the Wife of a Man banished or abjured forever might sue or be sued without her Husband Suit as was ruled in the Case of the Lady Maltravers 10 E. 3. and of the Lady Belknap 1 H. 4. 1. 2 H. 4. 7. And if a man be perpetually banished by Authority of Parliament unless is be for Felony or by force of this Act his Wife shall be endowed living the Husband And if he had been perpetually banished or abjured for Felony the Wife should have had her joynture Jointure presently although not her Dower Dower as was resolved in Weylands Case 19 E. 1. and the reason is because though the Husband be naturally living yet he is civilly and in the Eye of the Law as a dead man But yet these Cases are to be understood of a Banishment or abjuration forever and not of a Relegation or Exile for a time For in such Case neither could the Wife sue or be sued without her Husband nor could she have her Dower or Joynture during the natural life of her Husband Co. 1. Inst 132. 133. Co. 2. Inst 47. Bulstrode 3. 188. Rolles 1. 400. C. 27. Wilmores Case Moore 851. C. 1159. Wilmots Case But if a man be abjured by force of this Act What dower is here saved the Wife shall not have her Dower or Joynture during the natural life of her Husband although he be abjured forever but she is in worse Case then the Wife of a person perpetually banished was at the Common Law For this Act by express words gives his Lands Tenements and Hereditaments to the Queen during his life which is to be understood of his natural life And the saving here of the Wives Dower is not intended of the Dower which she might claim at Common Law presently upon the abjuration of her Husband nor shall make void the former words of the Act by which all his Lands are given to the Queen during his natural life but is only the usual Provision made in Acts of Parliament which create any new Felony for the saving of the Dower of the Wife after the death of the Husband So that the meaning of this Branch is that if the Husband refuse to abjure or abjure and refuse to depart according to this Act or return without lieence yet the Wife shall be endowed and the heir inherit his Lands after he is naturally dead And this Act to continue no longer than to the end of the next Session of Parliament Stat. Sect. 12. Note this Act being at first but temporary This Act at first but temporary was afterwards discontinued Hutton 61. 62. but is since revived by the Statute of 3 Car. 1. c. 4. and is in full force at this day And in such Case it hath been questioned if a Statute be discontinued and afterwards revived how an Indictment thereupon shall conclude whether contra formam Statuti or Statutorum Where if a Statute be discontinued and revived it shall be contra formam Statuti and where contra formam Statutorum For if a Statute be temporary and afterwards continued for a longer time or made perpetual and never discontinued there without doubt it shall be contra formam Statuti but it hath been held by some that where it was once discontinued and then revived there it is as if there were two several and distinct Statutes and the Indictment shall conclude contra formam Statutorum Palmers Case 9 Eliz. But others have held the contrary and that there is not any difference in the Case of a Statute at first temporary and afterwards before any discontinuance continued for a longer time or made perpetual and a Statute discontinued and then revived but that it shall in both Cases be held but as one Statute and the conclusion shall be contra formam Statuti and not Statutorum unless where the Act of Reviver makes any addition to the former Act or increaseth the penalty or forfeiture For then there is no doubt but they are two distinct Acts of Parliament And according to this later opinion hath the practice been in Informations upon the Statute of 5 Eliz. cap. 9. of Perjury Stat. 5 Eliz. 9 which determined 14 Eliz. and was revived 29 Eliz. And yet all Informations thereupon conclude Contra formam Statuti And so as it seems ought all Indictments upon this Statute of 35. notwithstanding its discontinuance and reviver Vide Owen 135. Wests Case Stat. xxxv Eliz. cap. ii An Act for the restraining of Popish Recusants to some certain place of abode FOr the better discovering and avoiding of such Traiterous and most dangerous Conspiracies and Attempts as are daily devised and practiced against our most gracious Soveraign Lady the Queéns Majesty Stat. Sect. 1. and the happy estate of this Common-weal by sundry wicked and seditious persons who terming themselves Catholicks and being indéed spies and intelligencers not only for her Majesties forreign Enemies but also for Rebellious and Traiterous Subjects born within her Highness Realms and Dominions and hiding their most detestable and divellish purposes under a false pretext of Religion and Conscience do secretly wander and shift from place to place within this Realm to corrupt and seduce her Majesties Subjects and to stir them to Sedition and Rebellion Be it Ordained and Enacted by our Soveraign Lady the Quéens Majesty and the Lords Spiritual and Temporal A Popish Recusant convicted and the Commons in this present Parliament assembled and by the Authority of the same That every person above the age of sixtéen years born within any of the Quéens Majesties Realms and Dominions or made Denizen being a Popish Recusant and before the end of this Session of Parliament convicted for not repairing to some Church Chappel or usual place of Common Prayer to hear Divine Service there but forbearing the same contrary to the tenor of the Laws and Statutes heretofore made and provided in that behalf and having any certain place of dwelling and abode within this Realm shall within forty days next after the end of this Session of Parliament if they be within this Realm and not restrained or stayed either by Imprisonment or by her Majesties Commandment or by order or direction of some six or more of the Privy Council or by such sickness and infirmity of body as they shall not be able to Travel without imminent danger of Life and in such Cases of absence out of the Realm restraint or stay then within 20 days next after they shall return into the Realm and be
charged in what not in respect or by reason of his or her Ancestors Recusancy And if at the decease of any such Recusant his heir shall happen to be a Recusant and after shall become conformable and obedient to the Laws and Ordinances of the Church of England and repair to the Church and continue there during the time of the Divine Service and Sermons according to the intent and true meaning of the said Statutes and Ordinances in that behalf made as is aforesaid and also shall take the Oath of Supremacy in such sort as that Oath is expressed in one Act of Parliament made in the first year of the Reign of our late Sovereign Lady Quéen Elizabeth before the Archbishop or Bishop of the Diocess that in every such Case every such heir shall be freed and discharged of all and singular the penalties charges and incumbrances happening upon him or her in respect or by reason of any of his or her Ancestors Recusancy Provided always and be it Enacted by Authority of this present Parliament That if the heir of any Recusant shall happen to be within the age of sixtéen years at the time of the decease of his or her Ancestor and shall after his or her said age of sixteen years become or be a Recusant that in every such Case any such heir shall not be freéd or discharged of all or any of the penalties charges and incumbrances happening upon him or her in respect or by reason of any of his or her Ancestors Recusancy until he or she shall submit or reform him or her self and become obedient to the Laws and Ordinances of the Church of England and repair to the Church and continue there during the time of the Divine Service and Sermons according to the intent and true meaning of the said Statutes and Ordinances in that behalf as is aforesaid and shall take the said Oath of Supremacy in manner and form afore expressed and yet nevertheless from and after such submission and Oath had and taken every such heir shall be fréed and discharged of all and singular the penalties charges and incumbrances happening upon him or her in respect or by reason of any of his or her Ancestors Recusancy If any Recusant shall hereafter die That is Convicted Recusant a Recusant either Convicted upon Proclamation and Default or Convicted by Verdict Confession c. and adjudged For in both those cases if the Recusant die the discharge of the heir depends upon his Conformity Of all and singular the penalties Judgment against Tenant in Tail charges and incumbrances If Judgment be had at the Kings Suit against a Recusant Tenant in Tail for Recusancy this is a charge and incumbrance within this Statute of which the heir in Tail shall not be discharged unless he conforms but must satisfie all the arrears incurred in the life time of his Ancestor For it being a Debt to the King upon a Judgment the intailed Lands are liable thereto by the Statute of 33 H. 8. cap. 39. Stat. 33 H. 8. 39 But these two Clauses discharge the arrears of the Twenty pounds per month incurred in the Recusants life time upon the conformity of the heir in such Cases only where the two parts of the Recusants Lands were not seized before his death Seisure in the Recusants life time for if they are seized in his life time and continue so till his death neither his Fee-simple Lands nor his Intailed Lands if a Judgment were had against him for his Recusancy at the Kings Suit shall be discharged upon the heirs conformity without payment of the arrears for which Vide postea Sect. 4. Stat. Sect. 4. The two parts of a Recusants Lands shall go towards satisfaction of the Twenty pounds per month And be it further Enacted by Authority of this present Parliament That where any seizure shall be had of the two parts of any Lands Tenements Hereditaments Leases or Farmes for the not payment of the Twenty pounds due and payable for each month according to the Statute in that Case lately made and provided That in every such Case every such two parts shall according to the extent thereof go towards the satisfaction and payment of the Twenty pounds due and payable for each month and unpaid by any such Recusant and that the third part thereof shall not be extended or seized by the Kings Majesty his Heirs or Successors for not-payment of the said Twenty pounds payable for each month forfeited or lost by any such Recusant And after his death shall remain in the Kings hands until the arrears be satisfied And where any such seizure shall be had of the two parts of the Lands Tenements Hereditaments Leases or Farmes of any such Recusant as is aforesaid and such Recusant shall die the debt or duty by reason of his Recusancy not paid satisfied or discharged that in every such Case the same two parts shall continue in his Majesties possession until the residue or remainder of the said debt or duty be thereby or otherwise paid satisfied or discharged And that his Majesty his Heirs or Successors shall not seize or extend any third part descending to any such heirs or any part thereof either by reason of the Recusancy of his or her Ancestors or the Recusancy of any such heir What seizure is here meant Where any seizure shall be had That is a seizure upon either a Judgment against the Recusant by Indictment on the Statute of 23 Eliz. cap. 1. Stat. 23 Eliz. 1 29 Eliz 6 or on Indictment and Conviction by Proclamation and default of appearance according to the Statute of 29 Eliz. cap. 6. For the seizure of two parts of the Recusants Lands was given the King by 29. upon default of payment of the Twenty pounds per month in either of those Cases as hath been said for which see that Statute Sect. 4. Go towards the satisfaction and payment of the Twenty pounds Stat. 29 Eliz 6 altered Hereby a principal branch of the Statute of 29 Eliz. cap. 6. is altered For whereas by 29. the Queen might for non-payment of the forfeiture have seized two parts of a convicted Recusants Lands nomine poenae and as a gage or penalty until the Twenty pounds per month had been paid and yet the profits should not have gone towards the satisfaction of the said Twenty pounds per month This Statute was made for the ease and benefit of the Recusant in that point The two parts satisfactory of the penalty so that now if two parts of his Lands be seized for default of payment of the forfeiture the profits received to the Kings use shall go towards satisfaction thereof and when the forfeiture is paid out of the profits the Recusant shall have his Land again unless in such Case where the King by force of the Statute of 3 Jac. cap. 4. Stat. 3 Jac. 4. makes his Election and seizes two parts in
lieu of the Twenty pounds per month And therefore the Resolution or Judgment said to be given in the Case of one Gray Anno 1. or 2. Jac. and cited in Beckets Case 8 Jac. Lane 93. and by Sergeant Bridgman in his Argument of Parker and Webbs Case 16 Jac. Rolles 2. 25. and applied thereunto viz. That if a Recusant convicted fails of the payment of the Twenty pounds per month the King shall have his Lands as a gage or penalty and the profits shall not go towards satisfaction thereof However it were true as the Law stood upon 29 Eliz. and before the making of this Act of 1 Jac. yet 't is not Law at this day nor could be applicable to either of those Cases of Becket or Parker and Webb which came to be debated long after this Act was made and the Law of 29 Eliz. altered in that point Vide Stat. 29 Eliz. cap. 6. Sect. 7. Where any such seizure shall be had c. This Relative such takes in both the seizures beforementioned viz. a seizure upon Indictment and Judgment thereupon by force of the Statute of 23 Eliz. and a seizure upon Conviction on Proclamation and default according to the Statute of 29 Eliz. And What seizure is here meant Stat. 23 Eliz 1 29 Eliz. â— as in both those Cases the Recusant who fails of the payment of the Twenty pounds per month shall have the benefit to discount the profits received by the King so the King shall in the like Cases of seizure retain the two parts in his hands after the Recusants death until the residue of the Debt or Duty due and payable to the King be satisfied Where this extends not to Intailed Lands Two parts of the Lands c. of any such Recusant This Clause extends not to Intailed Lands unless where there is a Judgment for the King against the Ancestor for his Recusancy And therefore if the Recusant convicted upon Proclamation and default be Tenant in Tail and two parts of his Lands be seized in his Life time for non-payment of the Twenty pounds per month and he die the arrears not being satisfied to the King yet the heir in Tail shall have the Land out of the Kings hands without payment of the arrears For that such Conviction is in the nature of a Verdict only Conviction upon Proclamation no Judgment and not of a Judgment as was held in Doctor Fosters Case Rolles 1.94 C. 41. And where a Statute gives to the King a seizure or forfeiture of Lands it shall not be intended of Lands in Tail unless it be expresly so appointed by the Statute or by force of some other Statute cooperating therewith In which Case the Intailed Lands may be charged by general words in the Statute which gives the forteiture or seizure An instance whereof we have in the Case of a Recusant Tenant in Tail Indicted Stat. 23 Eliz. 1 Convicted and Adjudged upon 23 Eliz. 1. for his Intailed Lands shall remain after his death in the Kings possession until the arrears be satisfied 29 Eliz. 6 33 H. 8. 39 and that by force of 29 Eliz. c. 6. and this Statute cooperating with the Statute of 33 H. 8. cap. 39. which charges the Lands of the heir in Tail with debts due to the King upon a Judgment had against the Ancestor Praemunire Stat. 16 R. 2. 5 But otherwise 't is in the Case of a Praemunire upon the Statute of 16 R. 2. cap. 5. which saith the Lands and Tenements of the Offender shall be forfeit to the King for there his Intailed Lands shall be forfeit during his life only And the reason is for that general words in an Act of Parliament unless aided by some other Act of Parliament shall never take away the force of the Statute de donis conditionalibus Co. 1. Inst. 130. 391. Co. 11.63 Godbolt 308. Lord Sheffeild and Ratcliffe Treason Stat. 26 H. 8. 13 5 E. 6. 11 And therefore in the Statutes of 26 H. 8. cap. 13. and 5 E. 6. cap. 11. which make Intailed Lands forfeitable for Treason the word inheritance was added any Estate of Inheritance which expresly denotes Lands in Fee Tail as well as Feesimple Now there being neither in this Act or that of 29 Eliz. any express appointment that the two parts of all Lands seized in the Recusants life time wherein he had any Estate of Inheritance shall after his death continue in the Kings possession nor no other Statute which charges the heir in Tail with the forfeiture due to the King upon Conviction by Proclamation and Default the general words here that his Lands Tenements c. shall continue in the Kings possession shall not inforce a construction in prejudice of the Heir in Tail who claims by the Statute de donis conditionalibus but where there is no Judgment the Recusants Fee simple Lands shall after his death satisfie the intent of these Statutes And so was the Law in reference to intailed Lands upon the Statute of 29 Eliz. cap. 6. which speaks of the full satisfaction of Arrearages in Case of the death of the Recusant Arrears where to be paid by the Heir in Tail where not And the Arrears were to have been paid by the Heir in Tail only in such Case where there was a Judgment obtained by the King against the Ancestor for his Recusancy but not where the Ancestor Tenant in Tail was convicted only upon Proclamation and default for in this last Case the Heir in Tail was not bound by the Statute of 33 H. 8. cap. 39. because 't is not a Debt by Judgment as that Statute requires Moore 523. C. 691. And thus the Opinion of the two Chief Justices Trin. 43 Eliz. is to be understood for they held That if intailed Lands had been seized for non-payment of the 20 l. per month and the Tenant in Tail had died the issue in Tail should not have had the Land out of the Queens hands before the Debt were satisfied but should have been charged with the said Debt Cro. Eliz. 846. At the end of which Case is added a Dubitatur But yet the Opinion there held stands good if it be intended only of a Conviction of the Ancestor by Judgment upon Trial or Confession and not of a Conviction upon Proclamation and default And be it further Enacted by the Authority of this present Parliament Stat. Sect. 2. None shall go or send any other to a Seminary c. That all and every person and persons under the Kings Obedience which at any time after the end of this Session of Parliament shall pass or go or shall send or cause to be sent any Child or any other person under their or any of their Government into any the parts beyond the Seas out of the Kings Obedience to the intent to enter into or be resident in any Colledge Seminary or House of Iesuits Priests or any other Popish Order
proved that it was for her Joynture or if a man devise Lands by his last Will to his Wife generally and there is no mention in the Will that 't is for her Joynture for in this Case an Averment that it was so intended will not serve unless there be express words in the Will to that purpose These Estates so gained by the Wife as they do not bar her Dower out of the residue of her Husbands Estate but that she shall enjoy both the one and the other Co. 4. 4. so they are not within the meaning of this Act because not made for her Joynture And she shall not forfeit the profits of two parts of them although she may forfeit the profits of 2 parts of her Dower which she hath out of the residue of her Husbands Estate If Lands be conveyed to the Wife before marriage for part of her Joynture and other Lands are conveyed to her after Marriage in full satisfaction of her Jointure and she refuse those conveyed after Marriage in this Case she may retain those conveyed before Marriage and yet be endowed of the residue of her Husbands Estate For that the Lands first setled on her were not for her whole Joynture Co. 1. Inst 35. Co. 4. 3. Forfeiture of the profits of part of her Jointure And if she be a Popish Recusant Convict and her Husband none and she conform not within the year next before his death she shall forfeit the profits of two parts both of such Dower and of the Estate so conveyed to her before her Marriage And as the Wife shall have her Joynture and Dower both Where the Jointure is pursuant to the Statute in such Cases where the Joynture is not pursuant to the Statute of 27 H. 8. so in some Cases likewise where she hath a Joynture pursuant to that Statute As where she hath such a Joynture made to her by the Husband before Marriage and he afterwards endow her ad ostium Ecclesiae or if she hath a Joynture made by the Husband in his life time and after his death his Heir or Feoffee assign other Lands to her in Dower or the Heir plead to her in a Writ of Dower ne unque seisi que Dower c. or nient accouple in Loyal Matrimony or any other Plea save Joynture in bar of Dower and it be found against him In these Cases the Wife shall hold her Joynture and yet be endowed and if she be an Offender within this branch of the Act shall forfeit the profits of two parts of her Joynture and Dower both But if a Widow Dower not forfeited who is indowed of the Lands of her deceased Husband takes a second Husband who is no Popish Recusant Convicted by whom she hath a Jointure and she becomes a Popish Recusant Convict and the second Husband dies and the Wife is an Offender within this Act In this Case she shall not by force thereof forfeit the profits of two parts of such Dower and Jointure both but only of her Jointure For that her Dower is not out of the Lands of her said Husband that is of the Husband in whose life time she stood convicted and after such Conviction forbore to conform c. within the year next before his death And be it further Enacted by the Authority aforesaid Stat. Sect. 12. A Popish Recusant shall be disabled as an Excommunicate person That every Popish Recusant which is or shall be convicted of Popish Recusancy shall stand and be reputed to all intents and purposes disabled as a person lawfully and duly Excommunicated and as if he or she had béen so denounced and excommunicated according to the Laws of this Realm until he or she so disabled shall conform him or her self and come to Church and hear Divine Service and receive the Sacrament of the Lords Supper according to the Laws of this Realm and also take the Oath appointed and prescribed in one other Act made this present Session of Parliament Intituled An Act for the better discovering and repressing of Popish Recusants And that every person or persons sued or to be sued by such person so disabled shall and may plead the same in disabling of such Plaintiff as if he or she were Excommunicated by Sentence in the Ecclesiastical Court What Conviction disables him Convicted of Popish Recusancy The Conviction mentioned here and in the other branches of this Statute seems to be intended not only of a Conviction according to the Statute of 29 Eliz. 6. or 3 Jac. 4. Stat. 29 Eliz. 6. 3 Jac. 4. upon Proclamation and default of appearance but of a Judgment likewise upon an Indictment or popular Suit on the Statute of 23 Eliz. 1. or an Action of Debt c. by the King alone by force of the Statute of 35 Eliz. 1. 35 Eliz. 1. For Convicted in relation to these three last mentioned remedies is to be taken for adjudged or attainted Vide for this the Statute of 23 Eliz. 1. Sect. 5. And the Popish Recusant who is either convicted upon Proclamation and default of appearance or against whom Judgment is had upon an Indictment popular Suit or Action of Debt c. at the Kings Suit is hereby disabled as an Excommunicate person and liable to all other the penalties and incapacities inflicted by this Act on a Popish Recusant convicted To what intent as excommunicate Reputed to all intents and purposes disabled as a person c. Excommunicated And not reputed to all intents as an Excommunicate person as Wingate tit Crown numb 135. misrecites the Statute For as it seems by the words of the Statute the Popish Recusant convicted is not to be reputed as a person Excommunicate in any other respect or to any other intent but as to his disability only And yet the Opinion of the Court of Kings Bench Mich. 11 Jac. in the Case of Griffith and others seems to be to the contrary and that a Popish Recusant convicted may by force hereof be attached upon a Writ of Excommunicato capiendo Excommmnicato capiendo Bulstrode 2. 155. Tamen Quaere whether this Statute being a penal Law and speaking only of the point of disability shall be extended by Equity to other Cases or the Recusant be attached upon an Excommunicato capiendo unless he be first actually Excommunicated A Popish Recusant Convict is disabled as an Excommunicate person Witness to be a Witness in any Cause between party and party By Coke Chief Justice Bulstrode 2. 155. This disability but quousque May plead the same in disabling of such Plaintiff This disability in the Popish Recusant convicted is but quousque c. until he Conform c. and take the Oath of Allegiance And the Defendant must in this Case plead the Conviction at large and must as in a Plea of Excommengement demand if the Plaintiff shall be answered Hetley 18. which is the legal conclusion of a Plea in disability of
penalty of Twenty pounds per month to the King for the time to come by the said Statute of 29 Eliz. 6. and 3 Jac. 4. Stat. 29 Eliz. 6 3 Jac. 4. that the King cannot bring an Action of Debt or the Informer any popular Suit against the Husband and Wife for any offence of Recusancy committed by the Wife after such Conviction see for this Stat. 23 Eliz. cap. 1. 23 Eliz. 1 Sect. 9. and 3 Jac. cap. 4. Sect. 6. However admitting they may yet now if the King take advantage of this Statute and the Wife be either Imprisoned or the Husband yields the third part of his Lands to the King there is no question but the King and Informer are both barred The King and Informer barred to sue for the Twenty pounds per month for any time incurred after her Conviction For the King hath made his Election to punish her this way and the Informer cannot sue her for she is punished already at the Suit of the King And if the Husband pay the Ten pounds per month the King and Informer are likewise barred for those months of her absence from Church incurred after her Conviction for which the Husband hath paid the Ten pounds monthly to the King for he shall not be twice punished for the same offence Of all his Lands and Tenements By Tenements Tenements what are to be understood Offices Rents Commons Profits apprender out of Lands Advowsons and the like wherein a man hath any Franktenement and whereof he is seized ut de libero tenemento for all these are included under the word Tenement as well as Lands and other Inheritances which are holden Co. 1. inst 6. Perkins Sect. 114 115. 11 H. 6. 22 Bro. Grant 143. Finch 130. Womans Lawyer lib. 3. 188. Anderson 2. 4. But Tenement extends not to a Chattel or Lease for years Bro. Done 41. Grant 87. Bulstrode 1. 101. Turpine against Forreyner So that the Husband need not yield to the King the third part of his Leases for years for the Recusancy of his Wife Shall continue out of Prison A married Woman Imprisonment of the Wife for other cause convicted as a Popish Recusant is after her Conviction and before any further prosecution or any Election made by the Husband whether he will pay the Ten pounds per month or yield the third part of his Lands imprisoned by process of Law or for some other Cause not relating to such Conviction and afterwards is set at Liberty It seems that the Husband shall not pay the Ten pounds per month for the time she was in Prison for the Act speaks only of the time during which she continues out of Prison and although she were not imprisoned for her Recusancy yet seeing she had not during such her Imprisonment the benefit intended to her in consideration of the Ten pounds per month or third part viz. her Liberty the Husband shall not for that time pay the penalty here appointed to save her Imprisonment but if he pay it for the time after she is set at Liberty that is sufficient to satisfie the intent of this Act. But if after such Conviction Covinous Imprisonment the Wife be imprisoned by Covin upon some pretence not relating to such Conviction that shall not save the Husbands payment of the Ten pounds per month for the time she was imprisoned but after she is set at Liberty she may be again Imprisoned by force of this Act unless the Husband pay the Ten pounds per month or satisfie to the King the third part of the profits of his Lands as well for the time of such covinous Imprisonment as for the future for the covinous Imprisonment was upon the matter her own Act and no person shall take advantage of an Imprisonment covinously caused by him or her self 16 E. 4. 5. And here she continued out of Prison in the sence of this Act because her Imprisonment was not by Process of Law in invitam Outlawry by Covin And so if a Man be Outlawed while he is in Prison yet the Outlawry shall not be avoided for that Cause if the Imprisonment were by Covin or consent of the party Outlawed Co. 1. Inst. 259. 38. Assiz Pl. 17. Stat. iii Car. i. cap. ii An Act to restrain the passing or sending of any to be Popishly bred beyond the Seas FOrasmuch as divers ill affected persons to the true Religion established within this Realm Stat. Sect. 1. have sent their Children into Forreign parts to be bred up in Popery notwithstanding the restraint thereof by the Statute made in the first year of the Reign of our late Soveraign Lord King James of famous memory Be it Enacted that the said Statute shall be put in due execution And be it further Enacted by the Kings most Excellent Majesty and the Lords Spiritual and Temporal and Commons in this present Parliament assembled and by the Authority of the same that in Case any person or persons under the Obedience of the King his Heirs and Successors He that goes himself or sends any other beyond the Seas to be trained up in Popery c. shall be disabled to sue c. and shall lose all his Goods and shall forfeit all his Lands c. for life at any time after the end of this Session of Parliament shall pass or go or shall convey or send or cause to be sent or conveyed any Child or other person out of any of the Kings Dominions into any the parts beyond the Seas out of the Kings Obedience to the intent and purpose to enter into or be resident or trained up in any Priory Abbey Nunnery Popish Vniversity Colledge or School or House of Iesuites Priests or in any private Popish Family and shall be there by any Iesuite Seminary Priest Friar Monk or other Popish Person instructed perswaded or strengthned in the Popish Religion in any sort to profess the same or shall convey or send or cause to be conveyed or sent by the hands or means of any person whatsoever any sum or sums of money or other thing for or towards the maintenance of any Child or other person already gone or sent or to go or to be sent and trained and instructed as is aforesaid or under the the name or colour of any Charity Benevolence or Alms towards the relief of any Priory Abbey Nunnery Colledge School or any Religious House whatsoever Every person so sending conveying or causing to be sent and conveyed as well any such Child or other person as any sum or sums of money or other thing and every person passing or being sent beyond the Seas being thereof Lawfully Convicted in or upon any Information Presentment or Indictment as is aforesaid shall be disabled from thenceforth to sue or use any Action Bill Plaint or Information in course of Law or to prosecute any Suit in any Court of Equity or to be Committée of any Ward or Executor or Administrator
185. Actions Popular see Informations Acts of Parliament See Statutes Administration and Administrators See Excommengement Executor Probate Recusants Who is disabled to be an Administrator 212. 234 235. 258. 263. The Mother shall administer before the Brother or Sister 225. Advowson See Covin Recusants Vniversity An Advowson is comprehended under the word Hereditament 106. 171. 172. It may be seized for Recusancy 106. 171 172. Where the King hath seized the Advowson of a Popish Recusant whether the King or University shall present 172. 231 232. By the Kings seizure of two parts of a mannor two parts of an Advowson appendant are seized by consequence 172. 233. In such case the King shall present alone by his Prerogative 172. 233. His two parts shall not pass from him by general words 173. Where upon reversal of an utlawry the Patron of an Advowson shall be restored to his Presentment and where not 180. Age 198. Agnus Dei c. Where the bringing in offering delivering or receiving of an Aguns Dei c. is a Praemunire and where not 51 52 53. Where the offender must be apprehended or his name disclosed and to whom 53 54. The Penalty for concealing the offenders name 55 56. Aid see Notice Aiders Maintainers Relievers c. of offenders where and how punishable 12. 17. 34 35. 42. 47. 50 51. 59. 90 91. 93 94. 184 185. Alien An Information lies against an Alien and a Writ of Error for him 76. An Alien though indenized or naturalized is no natural Subject 185. Indictment of High Treason against an Alien by birth 185. It shall not be contra naturalem Dominum 185. An Alien indenized or naturalized in Scotland or Ireland is still an Alien here 189. Where an Alien shall forfeit 12 d. per Sunday or Holiday for not coming to Church and where not 190. Allegiance see Oath of Allegiance Appearance See Baron Feme What appearance upon Proclamation shall save the Recusants default and what not 108. 164 165. Where he cannot appear by Attorney 164. His Remedy if his Appearnce be not recorded 164. Appropriation Where the King may make an Appropriation 7. Archbishop See Bishop Archbishop of Canterburies concurrent jurisdiction abrogated 5. Armour See Iustices of Peace Where the Arms of a Popish Recusant convict may be seized by force of 3 Jac. 5. and where not 237 238. The penalty for refusing to discover or hindring the delivery of such Arms 237. A Popish Recusant Convict shall maintain his Armour 239. Arraignment See Witnesses The party must be first arraigned and convicted before he can be fined and imprisoned at the Kings pleasure 97. Assent see Licence Attainder see Vniversity Attorney see Appearance Audita Querela Audita Quaerela against the Informer 148. It lies not against the King 148. Averment See Covin Indictment Iointure Licence Quare Impedit Bail SPecial Bail where not necessary 75. Baptism The penalty where the child of a Popish Recusant convict is baptized contrary to 3 Jac. 5.222 223. Baron Feme See Conformity Covin Custom Oath Plea Sacrament A married woman is liable to the Penalties for Recusancy 26. 68. And may 〈◊〉 imprisoned for non-payment thereof 86. 252 253. She ought in such case to have hard and close imprisonment 86. Where the Husband may save her imprisonment by paying 10 l. per month or yielding the thirds of his Lands to the King 252 253 254 255 256. Where the Husband is chargeable for the Wives Recusancy and where not 68. 75 76. 79. 122 123. 167. And may be imprisoned for non-payment of the Forfeiture 86. 253. Where the Wife cannot appear or plead without her Husband 75. The penalty by 7 Jac. 6. of a married woman convicted as a Popish Recusant if she conforms not 252. Where she shall forfeit the profits of two thirds of her Jointure and Dower and be otherwise disabled if she conform not in her Husbands life time 212 213. 214. Of what Dower she shall not forfeit any profits 215. Where a Woman may have Jointure and Dower both 213 214 215. Whether the Conviction of the Wife on an Indictment of Recusancy shall bar the King of his action of Debt and the Informer of his popular suit 79. 167. 254. A Feme Covert is within 1 Eliz. 2. of depraving c. the Common Prayer 24. And punishable by 35 Eliz. 1. of Conventicles and by 35 Eliz. 2. of Popish Recusants save as to Abjuration 123 124. 146. In what cases she may be punished upon 3 Jac. 4. and in what cases not 195. Where the Wife of a man abjured may sue without her Husband and shall have her Dower or Jointure in his life time and where not 124 125. Where the Husband of a Popish Recusant convict shall not bear any office 111 112. The penalty on a Popish Recusant convict who is married contrary to 3 Jac. 5. 220 221 222. In what case the Recusant so married cannot be punished by 3 Jac. 5. 222. Bar. See Baron Feme Informers King Good Behaviour see Recusants Benefice See Cura animatum Nomination Recusants Birth Birthright is Character indelebilis 247. Bishop See Archbishop Conformity Ecclesiastical Iurisdiction Excommengement Ordinary Before whom Archbishops and Bishops shall take the Oath of Supremacy 8. And the Oath of Allegiance 241 242. To whom an Archbishop or Bishop may tender or minister the Oath of Supremacy 39. 186. Where an Archbishop or Bishop may associate himself to the Justices of Over and Determiner or of Assise 29. But they 〈◊〉 associate themselves to Head-officers of Corporations 30. Where a Schoolmaster may be license◠〈◊〉 allowed by the Archbishop or Bishop 64 65 1â—5â— Submission to an Archbishop or Bishop in what case 95. Submission and Conformity before the Bishop of the Diocess in what cases 69. 92. 186. The Penalty on an offender who is required by the Bishop of the Diocess and yet refuses to conform and submit himself 118 135 138. Where 〈…〉 and Conformity must be certified to the Bishop 119. 145. Where the Bishop of the Diocess nay 〈◊〉 and â—â—â—â—â—ter the Oath of Allegiance and to whom 174 175. 186. 196 197 198. 242 243 244 245. And may commit the Party refusing it 174. 250. Where he may imprison a married woman convicted as a Popish Recusant and where not 252 253 254. Where his assent to a licence for a Popish Recusant to travel out of his compass of five miles is good and where not 206. 208 209 210. Blood See Corruption of Blood 〈◊〉 What they ought to do who are to be restored in Blood â—40 Books Books maintaining the Authority of the Bishop or See of Rome 34. Popish Books prohibited and the penalty for bringing them in c. 236. Bulls The effect of Bulls brought from Rome 49. Getting â—â— putting them iniure is High Treason 49 50. Bull why so called â—◠〈◊〉 The Penalty if a Popish Recusant be buried contrary to â— Jac. 5.223 Ceremonies Who may ordain Ceremonies and Rites of the Church 31