person which shall be so suspected shall refuse to answer directly and truly whether he be a Iesuit or a Seminary or Massing Priest as is aforesaid every such person so refusing to answer shall for his Disobedience and Contempt in that behalf be committed to Prison by such as shall examine him as is aforesaid and thereupon shall remain and continue in Prison without Bail or Mainprize until he shall make direct and true answer to the said Questions whereupon he shall be so examined Cause of suspicion Suspected Although the party be no Jesuit Seminary or Massing Priest yet if there be cause to suspect him and he refuse to answer whether he be so or no such suspicion and refusal is ground enough for his Commitment Having lawful Authority in that behalf This Clause seems to refer to the Statute of 27 Eliz. cap. 2. Stat. 27 Eliz. 2. which appoints that the discovery of a Popish Priest or Jesuit shall be made to some Justice of Peace or higher Officer who is to give Information thereof to some of the Privy Council c. under the penalty of two hundred marks Who shall examine a Jesuit c. which Statute of 27. though it do not in express terms say that the Justice of Peace or other higher Officer shall examine the Priest or Jesuit so discovered yet inasmuch as it gives him power to take Cognizance of the matter it seems implicitely to impower him to inform himself of the truth whether the party be a Priest or Jesuit or not as well by examination of the party as otherwise that he may be the better enabled to give Information thereof to some of the Privy Council c. And one Justice of Peace having by 27. lawful Authority to examine him he hath Authority likewise by this Statute of 35. to commit him And commit him if he be suspected to be a Priest or Jesuit and refuses to answer whether he be such or no. As for Mr. Shephards Opinion in his Sure Guide cap. 14. Sect. 5. that there must be two Justices of Peace to Commit a man by force of this Statute who is suspected to be a Jesuit or Priest till he answers directly I see no ground at all for it Answer to the said Questions That is To what point he may be examined whether he be a Jesuit Seminary or Massing Priest for he is not bound to answer to any other question nor can be committed by force of this Act for his Refusal Provided nevertheless Stat. Sect. 9. Licence to travel above five miles Alt. 3 Jac. 5. and be it further Enacted by the Authority aforesaid That if any of the persons which are hereby limited and appointed to continue and abide within five miles of their usual dwelling place or of such place where they were born or where their Father and Mother shall be dwelling as is aforesaid shall have necessary occasion or business to go and Travel out of the compass of the said five miles That then and in every such Case upon Licence in that behalf to be gotten under the hands of two of the Iustices of Peace of the same County with the privity and assent in writing of the Bishop of the Diocess or of the Lieutenant or of any Deputy Lieutenant of the same County under their hands it shall and may be lawful for every such person to go and Travel about such their necessary business and for such time only for their travelling attending and returning as shall be comprised in the same Licence Any thing before in this Act to the contrary notwithstanding This Clause is repealed Repeal Stat. 3 Jac. 5. and a new form of Licence appointed by the Statute of 3 Jac. cap. 5. which see there Sect. 8. Provided also Stat. Sect. 10. Persons urged by Process or commanded to appear That if any such person so restrained as is aforesaid shall be urged by Process without fraud or covin or be bounden without fraud or covin to make appearance in any her Majesties Courts or shall be sent for commanded or required by any thrée or more of her Majesties Privy Council or by any four or more of any Commissioners to be in that behalf nominated and assigned by her Majesty to make appearance before her Majesties said Counsel or Commissioners That in every such Case every such person so bounden urged commanded or required to make such appearance shall not incur any pain forfeiture or loss for travelling to make appearance accordingly nor for his abode concerning the same nor for convenient time for his return back again upon the same Vrged by Process If a Popish Recusant restrained by this Act be summoned by Warrant of a Justice of Peace to appear before him the Recusant ought not to travel to such Justice out of his compass of 5 miles For although a Justice of Peace his Warrant be the Kings Process Wha◠Process is here meant yet it is not intended here For these words urged by Process are restrained by the subsequent words to such Process as requires the Recusants appearance in some one of the Kings Courts and extend not to all Cases of Summons and Process as Wingate tit Crown numb 83. mistakes But if in the Case aforesaid the Warrant be to Arrest the Recusant and by force thereof he be carried by the Constable c. out of the compass of five miles there he is excused and shall forfeit nothing for that it was done by compulsion And yet if there be any Covin between the Recusant and the Justice of Peace or Officer it may be otherwise The Kings Courts In any her Majesties Courts All Courts wherein the proceedings are directed by the Kings Laws are the Kings Courts and therefore a Court Leet Court Leet though of an inferiour nature and kept in the Lords name yet is the Kings Court Co. 5. 39. Cawdries Case Hetley 18. Ecclesiastical Court If a Popish Recusant restrained by this Act be cited into the Ecclesiastical Court he may by force of this Proviso Travel out of the compass of five miles to appear there for all Ecclesiastical Courts are the Kings Courts and the Laws by which they proceed there are the Kings Laws Vide Cawdries Case supra Vide Stat. 3 Jac. cap. 5. Sect. 7. Stat. Sect. 11. Persons which are to yield their bodies to the Sheriff And be it further provided and enacted by the Authority aforesaid That if any such person or persons so restrained as is aforesaid shall be bound or ought to yield and render their bodies to the Sheriff of the County where they shall happen to be upon Proclamation in that behalf without fraud or covin to be made That then in every such Case every such person which shall be so bounden or ought to yield and render their body as aforesaid shall not incur any pain forfeiture or loss for Travelling for that intent and purpose only without any fraud
Colledges that now are or hereafter shall be received into the same being under the Degrée of a Baron before the President Master Provost Warden or other head or chief Governour of that Colledge Hall or House whereinto he shall be received and in the open Hall And all Doctors of Physick Doctors and Practisers of Physick and all other who practise Physick that now are or hereafter shall be admitted into the Colledge of Physitians in London before the President of the same Colledge for the time being And all Aldermen Sheriffs or Vnder-Officers whatsoever of the Cities and Towns Corporate Aldermen Sheriffs Under-Officers and Freemen of Cities and Towns Corporate and all such as hereafter shall be made Fréemen of the said City or Town Corporate before the Mayor Bailiffs or other Chief Officer of the said City or Town in the open Hall And to the intent that due execution may be had of the premisses without delay When the said persons shall take the said Oath It is further Enacted by the Authority aforesaid That all the persons beforenamed who have any certain time limited or expressed when to take the aforesaid Oath shall at the time therein prescribed take the same and the rest within six months next after the end of this present Session of Parliament And be it further Enacted by Authority of this present Parliament Stat. Sect. 4. Who may tender the said Oath and to whom That it shall and may be lawful to and for any one of the Privy Council of your Highness or of your Heirs and Successors and to and for every Bishop within his Diocess to require any Baron or Baroness of the age of Eightéen years or above to take the said Oath and to and for any two Iustices of Peace within any County City or Town Corporate whereof one to be of the Quorum to require any person or persons of the age of Eightéen years or above under the Degrée of a Baron or Baroness to take the said Oath And if any person or persons of or above the said age and degrée now stand or hereafter any time shall stand and be Presented Indicted or Convicted for not coming to Church or not receiving the Holy Communion or Sacrament of the Lords Supper according to the Laws and Statutes of this Realm before the Ordinary or other having lawful power to take such Presentment or Indictment Then thrée of the Privy Council of your Highness your Heirs and Successors whereof the Lord Chancellor Lord Treasurer Lord Privy Seal or Principal Secretary to be one upon knowledge thereof shall require such person or persons to take the said Oath And if any other person or persons whatsoever of and above the said age and under the said degrée now stand or at any time hereafter shall stand and be Presented Indicted or Convicted for not coming to Church or receiving the Holy Communion or Sacrament of the Lords Supper according to the Laws and Statutes of this Realm before the Ordinary or any other having lawful power to take such Presentment or Indictment Or if the Minister Petty Constable and Church-wardens or any two of them shall at any time hereafter complain to any Iustice of Peace near adjoyning to the place where any person complained of shall dwell and the said Iustice shall find cause of suspition That then any one Iustice of Peace within whose Commission or Power such person or persons shall at any time hereafter be or to whom complaint shall be made as aforesaid shall upon notice thereof require such person or persons to take the said Oath For any two Iustices of Peace within any County City or Town Corporate c. The two Justices of Peace may require this Oath of any person that shall happen to be within their Jurisdiction although his habitation be in another County or Liberty For the Oath of Allegiance sequitur personam non locum This Oath sequitur personam non locum Bulstrode 2. 155. The King against Griffith al' To require any person or persons This is an enlargement of the power given to two Justices of Peace Power of Justices of Peace enlarged by 3 Jac. cap. 4. For thereby they could have required the Oath but only in some particular Cases vide that Statute Sect. 10. But by this Statute they may require it of any person whatsoever of competent age and under the degree of a Baron or Baroness Warrant to bring the party The Justices of Peace in this Case or the Justice of Peace in the following Case may make his or their special Warrant to the Constable to bring the party before the said Justice or Justices to take the Oath For the Statute by giving them power to require the Oath doth implicitely authorize them to make such a Warrant Quando lex aliquid alicui concedit conceditur id sine quo res ipsa esse non potest And it is against the Office of the Justices of Peace and the Authority hereby given them to go and seek the party Co. 12. 130. But the Constable cannot by virtue of such Warrant break the House Breaking the House where the party is For he is no Offender before he refuse the Oath or commit some Contempt to the King Ibid. And if any person or persons of or above the said age and degreée That is of the said age and above the said Degree of a Baron Persons above the degree of a Baron or Baroness For so the words must be taken viz. conjunctively and not of such who are of the degree of a Baron or Baroness and no more For the precedent words appointed that the Oath may be tendred to such by any Privy Counsellor or the Bishop of the Diocess in all cases although they were never Convicted Indicted or Presented But to such Noblemen or Noblewomen as are above that degree it cannot be tendred by virtue of this Act unless they have been before Convicted Indicted or Presented for not coming to Church or not receiving the Sacrament And in those Cases no less then three Privy Counsellors Quorum unus c. can tender it Co. 12. 130 131. And if any other person or persons whatsoever c. under the said Degreé A Baroness or any Woman above that Degree Noblewoman by Marriage who is not Noble by birth but only by Marriage becomes a Widow and takes a second Husband under the Degree of Nobility and is Convicted Indicted or Presented of Recusancy or complained of by the Minister c. to a Justice of Peace who finds cause of suspition The Justice of Peace may require her to take this Oath although she were once Noble For by her second Marriage she hath lost her Nobility and name of Dignity together with the priviledges of her Nobility Quando mulier Nobilis nupserit ignobili desinit esse Nobilis which is to be understood of Nobility acquired by Marriage For that which was gotten by
taken in only such as are convicted it would have been eluded and rendred ineffectual for want of a Conviction of the greater part of such ubiquitary Recusants The want of due consideration of this Statute in each of these parts of it hath occasioned some mistakes in those who have handled it And Wingate tit Crown numb 78. restrains both parts of it as well relating to those that have no certain place of abode as those whose place of abode is certain to Recusants convicted and makes no mention that this later sort must be in England at the time of their Conviction And in the late Additions to Dalton cap. 81. tit Recusants Sect. 14. 't is not only said that both sorts must be convicted but that they must be in England at the time of their Conviction which two things are only requisite in such who have a certain place of abode and not in the other sort who are within the meaning and danger of this Law without any precedent Conviction for Recusancy See more of this matter Licence to Travel Stat. 3 Jac. 5. and how a Popish Recusant shall be licensed to Travel out of his compass of five miles Stat. 3 Jac. cap. 5. Sect. 8. And be it further Enacted by the Authority aforesaid Stat. Sect. 4. A Popish Recusant Copy-holder That every such Offender as is before mentioned which hath or shall have any Lands Tenements or Hereditaments by Copy of Court Roll or by any other customary tenure at the will of the Lord according to the Custom of any Mannor shall forfeit all and singular his and their said Lands Tenements and Hereditaments so holden by Copy of Court Roll or customary tenure as aforesaid for and during the life of such offender if his or her Estate so long continue to the Lord or Lords of whom the same be immediately holden if the same Lord or Lord or Lords be not then a Popish Recusant and convicted for not coming to Church to hear Divine Service but forbearing the same contrary to the Laws and Statutes aforesaid nor seized or possessed upon Trust to the use or behoof of any such Recusant as aforesaid And in such Case the same forfeiture to be to the Quéens Majesty Provided always Stat. Sect. 5. Popish Recusants shall notifie their coming and deliver in their names and be it further Enacted by the Authority aforesaid That all such persons as by the intent and true meaning of this Act are to make their repair to their place of dwelling and abode or to the place where they were born or where their Father or Mother shall be dwelling and not to remove or pass above five miles from thence as is aforesaid shall within twenty days next after their coming to any of the said places as the Case shall happen notifie their coming thither and present themselves and deliver their true names in writing to the Minister or Curate of the same Parish and to the Constable Headborough or Tithingman of the Town and thereupon the said Minister or Curate shall presently enter the same into a Book to be kept in every Parish for that purpose Which shall be certified to the Sessâ—ons and enrolled there And afterwards the said Minister or Curate and the said Constable Headborough or Tithingman shall certifie the same in writing to the Iustices of the Peace of the same County at the next general or Quarter Sessions to be holden in the same County and the said Iustices shall cause the same to be entred by the Clerk of the Peace in the Rolls of the same Sessions Goods and Lands where not forfeited A Popish Recusant repairs to the place appointed him by this Act and keeps within his compass of five miles but doth not present himself or deliver in his name he doth not forfeit his Goods or Lands For there is no particular penalty inflicted in this part of the Act for that omission nor yet in the subsequent Branch for him that hath clearly twenty marks per annum in Freehold or Goods and Chattels worth forty pounds But yet such person may be Indicted for such neglect and fined upon the general words of the Statute which commands the thing to be done For where an Act of Parliament commands any thing to be done and inflicts no penalty an Indictment lies against the person who ought to do it for his neglect or omission Co. 2. Inst. 55. 163. Vide Cro. Hill 41 Eliz. 655. Crouthers Case Stat. Sect. 6. The penalty of a Popish Recusant of small ability offending against this Act. And to the end that the Realm be not pestered and overcharged with the multitude of such Seditious and dangerous people as is aforesaid who having little or no ability to answer or satisfie any competent penalty for their contempt and disobedience of the said Laws and Statutes and being committed to Prison for the same do live for the most part in better Case there then they could if they were abroad at their own liberty The Lords Spiritual and Temporal and the Commons in this present Parliament Assembled do most humbly and instantly beséech the Quéens Majesty that it may be further Enacted That if any such person or persons being a Popish Recusant not being a Feme Covert and not having Lands Tenements Rents or Annuities of an absolute Estate of Inheritance or freehold of the clear yearly value of twenty marks above all charges to their own use and behoof and not upon any secret trust or confidence for any other or Goods and Chattels in their own right and to their own proper use and behoof And not upon any such secret trust and confidence for any other above the value of forty pounds shall not within the time before in this Act in that behalf limited and appointed repair to their place of usual dwelling and aboad if they have any or else to the place where they were born or where their Father or Mother shall be dwelling according to the tenor and intent of this present Act And thereupon notifie their coming and present themselves and deliver their true Names in writing to the Minister or Curate of the Parish and to the Constable Headborough or Tithingman of the Town within such time and in such manner and form as is aforesaid or at any time after such their repairing to any such place as is before appointed shall pass or remove above five miles from the same And shall not within three months next after such person shall be apprehended or taken for offending as is aforesaid conform themselves to the obedience of the Laws and Statutes of this Realm in coming usually to the Church to hear Divine Service and in making such publick Confession and Submission as hereafter in this Act is appointed and expressed being thereunto required by the Bishop of the Diocess or any Iustice of the Peace of the County where the same person shall happen to be or by the Minister or
so the word taken is to be expounded and the like Exposition hath been made of the Statutes of 2 3 E. 6. cap. 2. of Soldiers and 1 Jac. cap. 11. of having two Wives living Stat. 1 3 E. 6. 2 1 Jac. 11. Hutton 131. If the Offence be committed out of this Realm yet it cannot be tried upon the Statute of 35 H. 8. cap. 2. Stat 35 H. 8. 2. of Trial of Treasons committed out of the Realm For this Act hath prescribed a special form of a Trial in this Case which must be observed And if such Offender be a Peer of England Indictment of a Peer the Indictment cannot be taken before any others then the Justices of Assize and Goal delivery in the County where he is imprisoned or the Justices of the Kings Bench Hutton 131. Lord Digbies Case Stat. Sect. 22. Trial of Peers Provided always That if any Peér of this Realm shall happen to be Indicted of any Offence made Treason by this Act he shall have his Trial by his Péers as in other like Cases of Treason is accustomed Stat. Sect. 23. And be it further Enacted That if any Subject of this Realm at any time after one month next after the end of this present Session of Parliament shall not resort or repair every Sunday to some Chuch Chappel or some other usual place appointed for Common Prayer and there hear Divine Service according to the Statute made in that behalf in the first year of the Reign of the late Q. Elizabeth that then it shall and may be lawful to and for any one Iustice of Peace of that Limit Division or Liberty wherein the said party shall dwell upon proof unto him made of such default by confession of the party or Oath of witness to call the said party before him and if he or she shall not make a sufficient excuse and due proof thereof to the satisfaction of the said Iustice of Peace That it shall be lawful for the said Iustice of Peace to give Warrant to the Churchwarden of the said Parish wherein the said party shall dwell under his Hand and Seal to levy twelve pence for every such default by distress and sale of the Goods of every such Offender rendring to the said Offender the Overplus of the money raised of the said Goods so to be sold and that in default of such distress it shall and may be lawful for the said Iustice of Peace to commit every such Offender to some Prison within the said Shire Division Limit or Liberty wherein such Offender shall be inhabiting until payment be made of the said sum or sums so to be forfeited which forfeiture shall be imployed to and for the use of the Poor of that Parish wherein the Offender shall be resident or abiding at the time of such Offence committed Provided That no man be impeached upon this Clause Within what time the Offender shall be impeached except he be called in question for his said default within one month next after the said default made And that no man being punished according to this Branch But once punished for one Offence shall for the same Offence be punished by the forfeiture of twelve pence upon the Law made in the first year of the late Quéen Elizabeth If any Subject of this Realm By a Subject of this Realm Subject of this Realm who here meant is to be understood a natural born Subject or an Alien naturalized here by Act of Parliament or made a Denizen of England by the Kings Letters Patents And who not But these words here are exclusive of two sorts of Subjects 1. Of an Alien inhabiting in this Realm who oweth to the King a local Subjection or Ligeance and is neither naturalized or made Denizen For the word Subject is as a mark of distinction and must be necessarily exclusive of some persons or other within this Realm and therefore cannot be supposed to take in meer Aliens who if neither naturalized or made Denizens are only local Subjects and of the lowest form For if no person inhabiting within the Realm were here intended to be excepted the word Subject would be idle and to no purpose 2. An Alien Naturalized by Act of Parliament in Scotland or Ireland or made Denizen of either of those Kingdoms by the Kings Letters Patents is for the same reason out of the meaning of this Branch although he live in England For it seems that such a person is still an Alien here and shall not partake of any priviledges in England by his being Naturalized or made Denizen in Scotland or Ireland Their Acts or Laws not being Obligative or concluding to us in England Vide Vaughan 278 279 280 285 287. Craw versus Ramsey And therefore the power here given any one Justice of Peace to levy the twelve pence per Sunday doth not extend to either sort of these Aliens An Alien within Stat. 1. Eliz. 2 but yet they may forfeit twelve pence per Sunday for their absence from Church upon an Indictment of the Statute of 1 Eliz. cap. 2. and that by force of the general words there Every person and persons inhabiting within this Realm so that what is said in Dr. Fosters Case Co. 11.63 viz. That this Statute gives a more speedy remedy for the Recovery of the twelve pence is not to be understood of all persons within 1 Eliz. but only of the Subjects of this Realm in the sense of this Branch of the Statute And if a man be born within any of the Kings Dominions which were such and united with England in their subjection at the time of his birth although he be not born within England Natural Subjection not local yet if he live here he is a Subject of this Realm within the intent of this Act For Natural Subjection and Ligeance are not local or confined to that Kingdom or Country where he was born But he is a natural Subject in any of the Dominions belonging at the time of his Birth to the Prince under whom he was born And upon this ground it was resolved in Calvins Case Co. lib. 7. Postnati That a man born in Scotland after the Union of the two Kingdoms should inherit in England So that a man born in Scotland or Ireland or any other of the Kings Dominions which were such and so united at the time of his birth if he live in England is punishable by this Act and any one Justice of Peace may grant his Warrant to levy the twelve pence for his absence from Church vide antea Sect. 19. Morning and Evening Prayers Every Sunday This repairing to Church every Sunday must be as well to Evening Prayers as to Morning Prayers For it ought to be an entire day and an entire Service By Hutton and Berkley Justices Dalton V. cap. 45. tit Recusants To the satisfaction of the said Iustice of Peace In this Case the Justice of
or Books shall be found in their or any of their Custody as in the Opinion of the said Iustices Mayor Bailiff or Chief Officer as aforesaid shall be thought unméet for such Recusant as aforesaid to have or use the same shall be presently defaced and burnt if it be méet to be burned And if it be a Crucifix or other Relique of any price the same to be defaced at the General Quarter Sessions of the Peace in the County where the same shall be found and the same so defaced to be restored to the owner again Shall be thought unmeét for such Recusant So that the Justices of Peace are not bound by this Act to deface all Reliques of price or to burn or deface Not all to be defaced or burnt all other Reliques or Popish Books as Wingate tit Crown numb 144. misleads them in this particular Unmeet sense of it here And although herein much is referred to the discretion of the Justices of Peace yet where the Husband is a Protestant and only the Wife a Popish Recusant it seems by these words that they are not to consider what is unmeet for the Husband but what is unmeet for the Recusant viz. the Wife and that it was not intended that they should seize burn or deface any Books of the Husbands though Popish unless such whereby the Wife might be aided or confirmed in her Superstition so that in this Case Books written in a Language or Stile unintelligible to the Wife are not within the meaning of this Act nor ought by colour thereof to be taken from the Husband who is no Popish Recusant At the General Quarter Sessions Vide Stat. 23 Eliz. cap. 1. Sect. 7. General Quarter Sessions Stat. 23 Eliz. 1 And be it also Enacted by the Authority aforesaid Stat. Sect. 24. A Popish Recusants Armour shall be seized That all such Armour Gunpowder and Munition of whatsoever kinds as any Popish Recusant Convict within this Realm of England hath or shall have in his House or Houses or elsewhere or in the hands or possession of any other at his or their disposition shall be taken from such Popish Recusants or others which have or shall have the same to the use of such Popish Recusant by Warrant of four Iustices of Peace at their General or Quarter Sessions to be holden in the same County where such Popish Recusant shall be resident other than such necessary weapons as shall be thought fit by the said four Iustices of Peace to remain and be allowed for the defence of the person or persons of such Recusants or for the defence of his her or their House or Houses and that the said Armour and Munition so taken shall be kept and maintained at the Costs of such Recusants in such places as the said Four Iustices of Peace at their said Sessions of the Peace shall set down and appoint And be it further Enacted by the Authority aforesaid The forfeiture for not delivering it That if any such Recusant having or which shall have any such Armour Gunpowder and Munition or any of them or if any other person or persons which shall have any such Armour Gunpowder and Munition or any of them to the use of any such Recusant shall refuse to declare or manifest unto the said Iustices of Peace or any of them what Armour he she or they have or shall have or shall lett hinder or disturb the delivery thereof to any of the said Iustices or to any other person or persons authorized by their Warrant to take and seize the same then every such person so offending contrary to this Statute in this behalf shall forfeit and lose to the Kings Majesty his Heirs and Successors his and their said Armour Gunpowder and Munition and shall also be imprisoned by Warrant of or from any Iustices of Peace of such County by the space of thrée months without Bail or Mainprize General or Quarter Sessions Stat. 23 Eliz. 1 Where such Arms cannot be seized At their General or Quarter Sessions Vide Stat. 23 Eliz. cap. 1. Sect. 7. In the same County where such Popish Recusant shall be resident A Popish Recusant lives in one County and his Arms are kept in another County by one who is no Popish Recusant such Arms cannot be seized by force of this Act by the Justices of Peace of either County not by the Justices of the County where the Arms are kept for the seizure or taking is here limited to be by Warrant at the Sessions in the County where the Recusant resides and the Statute must be strictly pursued in that particular nor by the Justices of the County where the Recusant is resident for the Arms are in another County where they have nothing to do Power of a Justice of Peace out of his County And although in some Cases where a Statute appoints a Justice of Peace to do a thing he may do it out of his County Power of a Justice of Peace out of his County as to take an examination upon the Statute of Winton of a Robbery as was resolved in the Case of Helier and the Hundred of Benhust Pasch 7. Car. 1. B. R. Jones 239. Cro. Car. 213. yet he cannot exercise any coercive power out of his County as was resolved in that Case for his potestas Jurisdictionis is confined to his County as well as that of a Bishop is confined to his Diocess Vide Palmer 473. Ascuithes Case And here the taking of the Recusants Armor is a coercive Act and therefore can be executed by Warrant of the four Justices of Peace in that County only where they are Justices So that this is clearly Casus omissus and not provided for by this Act. Vide postea Four Justices In such places as the said four Iustices of Peace c. shall set down and appoint And not where one Justice shall appoint as is mistaken in the late additions to Dalton cap. 81. tit Recusants Sect. 40. Imprisoned by Warrant of or from any Iustices of Peace Any two Justices may grant their Warrant for Imprisoning the Offender Two sufficient and 't is sufficient in this Case for pluralis numerus est duobus contentus But a Warrant from any one Justice will not serve contrary to Wingate tit Crowne numb 145. Of such County County That is of the County where the Popish Recusant is resident for no other County was named before In what Case the party cannot be imprisoned A Popish Recusant lives in one County and his Arms are kept in another County by one who is no Popish Recusant The Justices of Peace of that other County cannot by force of this Act imprison him that keeps them for they are not named here but the power in this Case is expresly limited to other Justices and no other can intermedle therein neither will the Warrant of the Justices of Peace of the County where the Recusant is resident reach
his Warrant to bring the party before him 246. But the house cannot be broken by virtue of such Warrant 246. To whom one Justice of Peace may tender or give the Oath of Allegiance 224. 245 246. 247 248 249. Where he may commit the party refusing it 250. To what Justice of Peace the person offering an Agnus Dei c. must be brought or his name disclosed 53 54. The Justice of Peace not declaring the same incurs a Praemunire 55 56. Next Justice of Peace who meant 54. Certificate of Recusancy to be made by a Justice of Peace 60. One Justice of Peace may take the submission of a Jesuite or Popish Priest 95. He may examine a person suspected to be such and commit him if he refuse to answer 140 141. Discovery of a Jesuite or Popish Priest to a Justice of Peace 96. What the Justice of Peace is to do thereupon 96. The penalty if he neglects so to do 96. What Certificate he shall have for his discharge 96 97. Discovery of the entertainer or reliever of a Jesuite or Popish Priest or of Masse said must be to a Justice of Peace 200. One Justice of Peace may require the submission on 35 Eliz. 1. of Conventicles 115. And may require the offender to abjure 115 116. One Justice of Peace may require the submission on 35 Eliz. 2. of Popish Recusants confined 135. One Justice of Peace may cause the 12 d. per Sunday to be levied for absence from Church 188 189. Within what time the party must be called into question 189. Where the Justice of Peace is sole Judge of the parties excuse 190. One Justice of Peace may give the Oath to a Popish Recusant confined by 35 Eliz. 2. 210 211. Any two Justices of Peace may take the submission of a person returning from a Seminary 91 92. And of a person reconciled to the Pope or See of Rome 186. And minister to him the Oaths of Supremacy and Allegiance 186. Where they must certifie the Oaths so taken 186. To what other persons any two Justices of Peace may give the Oath of Allegiance 243. They may require the offender against 35 Eliz. 2. of Popish Recusants to abjure and may give him the Oath of Abjuration 135. Where they may imprison him who keeps the Arms of a Popish Recusant Convict or hinders their delivery and where not 237 238 239. To whom two Justices of Peace Quorum unus c. may tender and give the Oath of Allegiance 174. 196 197 198. 245 246. 249 250. Where they must certifie the taking of it to the Sessions 174. 249 250. And commit such as refuse to take it 174 175. 250. They have their Election to commit the party to the Assizes or Sessions 175. Where they may imprison a married woman convicted as a Popish Recusant and where not 252 253 254. Four Justices of Peace may grant a Licence to a Popish Recusant to travel beyond five miles 206 207 208 209 210 211. And no less then four 208. Where four Justices of Peace by warrant at their Sessions may seize a Popish Recusants Arms and where not 237 238. What arms they may allow Popish Recusants to have 237. The power of the Justices of Peace in their Sessions revived in the case of Recusancy 66 67. 101. 162. They may now proceed there to convict the Recusant upon Proclamation and default 108. 162. At what Sessions they may hear and determine Recusancy 67. In what case they are to discharge the Recusant 68 69. They may at their Sessions give the Oath of Abjuration on 35 Eliz. 1. of Conventicles 116. And must record and certifie it 116. Where upon Conviction before them they are to give a Certificate to the discoverer of the offender 201. Popish Recusants are to be presented at the Sessions of the Peace 160 161. The Presentments are to be entred and recorded there 161. To whom the Justices of Peace in their Sessions are to minister the Oath of Supremacy 262. 264. 266 267. And the Oath of Allegiance 262. 264. 266 267. They are to tender the said Oath at their Sessions to such as have before refused it 175. 250. And are to commit Women Covert till they take it 175. 250. They may there tender it to any of competent age and under the degree of Nobility 175 176. 196. Kin. In what case and how long the next of Kin shall have the Lands and Goods of him who goes beyond Seas without Licence 224 225. Whether he shall have the Lands or only the profits 225. In whom the state of the Land vests 225. The Mother of Kin to the Child and shall be preferred before the Brother or Sister 224 225. Next of Kin or Blood shall be accounted as in the case of a purchase 225. Jus Propinquitatis Jus Representationis 225. Where the next of Kin shall be Guardian and where not 234 235. King See Advowson Baron Feme Courts Forfeiture Informations Pardon The King is the supream Head of the Church of England 2. 5 6 7. Ecclesiastical Jurisdiction restored to the Crown 5. The Kings ancient Ecclesiastical Jurisdiction 5 6. The King is Persona mixta unita cum Sacerdotibus 6. He is the supream Ordinary 6 7. He is Arbitrator between spiritual Persons touching their Jurisdiction 6. He may do what the Pope might by the Canon Law 6 7. He may grant a Commission of Review notwithstanding 25 H. 8. 19. 7. He may make an Appropriation without the Bishop 7. A resignation made to him of a Deanry good 7. The Penalty for perswading others to impugne his power in cases Ecclesiastical 113 114. He cannot be nonsuited 80. Covin shall not bar him 79. 105 106. An Audita Querela lies not against him 148. King where it includes his Successors 95. Who is a mans natural King 185. Within what time the King is to prosecute upon poenal Laws 74 75. 121 122. Where he is barred of the Forfeiture and where not 79. 81 82. 253 254 255. The Recusants remedy upon his Conformity as to the King 148. Where the King may pardon release c. the Forfeiture upon a poenal Law and where not 80. How he may grant a Recognisance or Obligation forfeited 106. He cannot grant the Penalty on a poenal Law to a Subject 165. Action of Debt c. given to the King 120. In what Courts the King may sue for the Penalties given him by 23 El. 1. 122. Where the Penalty for Recusancy shall run on and be appropriated to the King and where not 102 103 104. 166 167 168. 219. 252. 254. The King may seize two thirds of a Recusants Lands presently after Conviction 168. Election given to the King to take the 20 l. per month or two thirds of a Recusants Lands 170 171. 173. 219. But he shall not have the two parts and the 20 l. per month both 219. Where the King having seized an Advowson as part of his two parts shall present and not the
the Exchequer in the Case of Sir Edward Lenthal Cro. Hill 12 Jac. 365. Shall for every such offence lose and forfeit Thréescore pounds Receiving the Sacrament and neglecting it afterwards If a Popish Recusant once receive the Sacrament after his Conformity and afterwards neglect so to do within the time prescribed by this Act and is guilty of such neglect for two years together although he was never convicted for the first year yet an Information lies against him and he shall forfeit Threescore pounds for the second year For he is liable to pay so much for every offence that is for every year wherein he neglects to receive the Sacrament after he hath once received it The Informer may sue for any year and the Informer is at his liberty for which offence or year he will inform whether for the first second c. And the reason of this is because here are no steps or gradations to increase the penalty for the second or third offence but the penalty is equal and a like in this Case for every offence It is observable that the Popish Recusant who after his conformity receives the Sacrament and afterwards neglects so to do for the space of one or more years is in worse Condition then he who conforms and receives it not at all For in this last Case he shall forfeit but Twenty pounds for the first and Forty pounds for the second year But if he once receive the Sacrament and afterwards neglect it for the space of two years he shall forfeit for each of those years Threescore pounds To him that will sue for the same An Information upon this Branch of the Statute must be brought by an Informer Qui tam c. within a year after the offence or neglect Within what time he must sue or he can take no advantage thereof For such an Information is within the Statute of 31 Eliz. cap. 5. Stat. 31 Eliz. 5 Cro. Hill 12 Jac. 366. Vide Statute 23 Eliz. cap. 1. Sect. 9. Before whom a Common Informer cannot sue Or before Iustices of Assize c. Note that notwithstanding these words an Information on this Statute by an Informer Qui tam c. for not receiving the Sacrament cannot be brought before Justices of Assize or Goal delivery or Justices of Peace For no Common Informer can sue for the King and himself before any of those Justices but must sue in one of the Courts of Record at Westminster as was resolved Mich. 4. Car. 1. Jones 193. Vide Stat. 23. Eliz. cap. 1. Stat. 23 Eliz. 1 Sect. 9. Stat. Sect. 3. Presenting the monthly absence from Church of a Recusant And be it further Enacted by the Authority of this present Parliament That the Churchwardens and Constables of every Town Parish or Chappel for the time being or some one of them or if there be none such then the chief Constables of the Hundred where such Town Parish or Chappel is or shall be or one of them as well in places exempt as not exempt shall once in every year present the monthly absence from Church of all and all manner of Popish Recusants within such Towns and Parishes and shall present the names of every of the Children of the said Recusants being of the age of nine years and upwards abiding with their said Parents and as near as they can the age of every of the said Children A Recusants Children and Servants as also the names of the Servants of such Recusants at the general or Quarter Sessions of that Shire limit division or liberty Of all and all manner of Popish Recusants Whose monthly absence from Church must be presented and whose not As this Act is penned it seems that the Churchwardens and Constables are not bound thereby to present the monthly absence from Church of any of the Children or Servants of a Popish Recusant although such Children or Servants be Recusants unless they are Popish Recusants And that 't is sufficient to satisfie the Statute to present their names without taking any notice of their absence from Church But if they be Popish Recusants they fall within the general words of the Act and their monthly absence ought to be presented as well as that of their Parents or Masters Wingate in his Abridgment of this Statute tit Crown numb 100. hath clearly mistaken the meaning thereof in this particular for he tells us that the monthly absence of all the Children and Servants of a Popish Recusant ought to be presented At the general or Quarter Sessions General or Quarter Sessions Stat. 23 Eliz. 1 What is meant by those words vide Stat. 23 Eliz. cap. 1. Sect. 7. And be it further Enacted by the Authority aforesaid Stat. Sect. 4. The presentments recorded That all such presentments shall be accepted entred and recorded in the said Sessions by the Clerk of the Peace or Town-Clerk for the time being or his Deputy without any Fée to be had asked or taken for the same And in default of such presentment to be made the said Churchwardens Constables or High Constables respectively shall for every such default forfeit twenty shillings And in default of such accepting entring and recording without Feé as aforesaid the said Clerk of the Peace or Town-Clerk shall for every such Offence forfeit and lose forty shillings And that upon every Presentment of such monthly absence as aforesaid The reward of the Church-wardens and Constables whereupon such party so presented shall after happen to be Indicted and Convicted not being for the same absence before presented Then the said Churchwardens Constables or High Constables respectively so making such Presentments shall have a reward of forty shillings to be levied out of the Recusants Goods and Estate in such manner and form as by the more part of the said Iustices shall be by Warrant under their Hands and Seals then and there ordered and appointed Stat. Sâ—ct 5. What Justices shall hear and determin these Offences And be it further Enacted by the Authority aforesaid That the Iustices of Assize and Goal delivery at their Assizes and the said Iustices of Peace at their said Sessions shall have Power and Authority by virtue of this Act to enquire hear and determine of all Recusants and Offences as well for not receiving the Sacrament aforesaid according to the true meaning of this Law as for not repairing to Church according to the meaning of former Laws in such manner and form as the said Iustices of Assize and Goal delivery do or may now do by former Laws in the Case of Recusancy for not repairing to Church And also shall have power at their Assizes and Goal delivery and at the Sessions in which any Indictment against any person either for not repairing to Church according to former Laws or not receiving the said Sacrament according to this Law The effect of the Proclamation shall be taken to make Proclamation By
Schisme 16. House Where a man may keep a Recusant in his house and where not and the Penalty 191 192 193. Ieofailes Informations on penal Laws within which Stat. of Jeofailes and within which not 73. Iesuite See Iustices of Peace Seminary Priest Imprisonment See Baron Feme Covin Imprisonment in what cases 12 13 14 15. 21 22 23 24 25 26. 59. 64. 70. 79. 86. 96 97. 107. 114. 162 163. 174 175. 182. 189. 193. 198. 211. 216. 237. 250 251 252 253 254. Incapacity see Disability Incertainty see Informations Indictments See Alien Conformity Iustices of Peace Parish Péers Recusants Sessions Witnesses Where 't is necessary that the Indictment for the second offence domention the first Conviction and where not 22. Two Indictments before several Justices for the same offence the first Judgment shall stand 66. Where an Indictment must conclude contra formam Statuti and where contra formam Statutorum 65. 125 126. Indictment for refusing the Oath of Supremacy 40 41. Indictment of Praemunire for refusing the Oath of Allegiance where it must be special and where it may be general 176. It must be directed by the Mittimus 176. Indicting a man of High Treason where actionable 58. Indictment for Recusancy the form of it 107. 129. It need not mention that the party was within the Realm 107. Where such Indictment or the Proceedings thereupon may be avoided or discharged without Conformity and where not 179 180 181. Existens aetatis 16. annorum shall refer to the time of the offence and not of the Indictment 60. In an Indictment on 1 Eliz. 2. for not coming to Church not necessary to aver that the party is an Inhabitant within this Realm 26. Or that he had no lawful or reasonable excuse 26 27. Informers Informations Actions Popular c. See Alien Audita Querela Baron Feme Conformity Ieofailes Plea Sunday In an Information tam c. quam c. Conviction thereupon is a sufficient Conviction within the intent of 23 Eliz. 1. 60 61. In what Courts an Informer Qui tam c. may sue and in what not 82 83 84 85. 100 101. 122. 160. Where an Informer may sue by Bill in the Kings Bench and where not 85 86. Within what time an Informer Qui tam c. must sue 73 74. 122. 160. Popular suit when depending 76. Where a Popular Action or Information becomes appropriated to a particular person 76. 78. Such Suit may be appropriated before Process 76. Two Informations for the same offence 76 77. The Defendant in an Information pleads that a prior Information is depending but mistakes the day of exhibiting it and yet good 76 77. Two Informations supposing the same offence to be done at several times where the first may be pleaded in bar of the second 77. How that case differs from the case of Recusancy 77. Two Informations exhibited the same day for the same offence are both void 78. When an Information may be delivered 78. When it must be dated 78. Action Popular brought by Covin no bar 79. Tam pro Domino Rege c. material 71. In an Information for Recusancy what the Informer is to demand for himself 71. His demand must be certain 72. He demands less then appears to be due yet good 62. He demands for 13 months and the Jury find for 12. Quaere whether the verdict be good or void for incertainty 62 63. Judgment of one moiety to the King and another to the Informer good 72. Where an Information may conclude contra formam Statuti and where it must be contra formam Statutorum 72. Where the particular Statute must be named 71 72. Where upon the demise of the King the proceedings in a popular Suit shall be discontinued and void and where not 80 81. Scire facias against an Informer 82. Where an Informer shall pay Costs 82. But he shall not find Sureties for Costs 82. In an Information for not receiving the Sacrament after Conformity the conviction of the Recusant must be shewed in certain 158 159. Where the Defendant may lose his advantage in that case 158 159. But his Conformity may be shewed generally 159. An Information lies in that case for the third year although the party were never convicted for the first or second year 159 160. Where an Informer is barred and where not 76 77 78 79 80. 163. 166. 167 168 253 254 255. An Informer Qui tam c. may be nonsuited 81. Inquisition see Office Inquiry see Enquiry Intent In what cases material 35. 52 53. Iointure See Baron Feme Where it may be averred that the Lands were for Jointure and where not 214. Where a woman shall be disabled to have a Jointure and what Jointure 220 221. What is a good Jointure within 27 H. 8. cap. 10. and what not 213 214. 221 222. Ireland See Alien Laws Treason Issue See Plea General issue where it may be pleaded 194. Iudgment See Conformity Conviction Failer of Records Informations The Judgment on 1 Eliz. 2. of the Common Prayer 25. The Judgment in a Praemunire 46. The Judgment on 23 Eliz. 1. shall be absolute 86. Where Judgment must be given for the first offence before the party can be punished for the second offence and where not 25. 159 160. Iurisdiction See Archbishop Ecclesiastical Iurisdiction King The penalty on him who holds with or maintains any forraign Jurisdiction within this Realm 11 12 13. 33 34. 36. 41 42. Within what time the offender must be prosecuted on 1 Eliz. 2.13 14 15. Iustices See Indictments Trial. The Justices shall fine and imprison the offender 97. Iustices of Assize and Gaol-delivery To whom they may tender and give the Oath of Allegiance 175 176. 242. 250. What offences they may hear and determine 28 29. 65. 107. 158. 162. 188. 193 194. 258. What offences Justices of Assize can only enquire of 35 36 37. Iustices of the Kings Bench. See Court of Kings Bench Iustices of Oyer and Terminer See Iustices of Peace What offences Justices of Oyer and Terminer may hear and determine 28 29. 36. 65. 258. Iustices of Peace Justices of Peace shall not be comprehended under the general name of Justices of Oyer and Terminer 258. What offences Justices of Peace may hear and determine and what not 65 66. 162. 193 194. 258 259. They may hear and determine the offence of not coming to Church 66. 162. What offences they can only enquire of 35 36. 65. 101. Where they cannot meddle 68. An Informer Qui tam c. cannot sue before Justices of Peace 82 83 84 85. 160. What Acts a Justice of Peace may do out of his County and what not 238 239. 249. His Potestas Jurisdictionis is confined to his County 238 239. The power of Justices of Peace in reference to the Oath of Allegiance twofold 196. Their power inlarged by 7 Jac. 6. 176. 245. The Justice of Peace impowred to tender and give the Oath of Allegiance may grant