from Church without any lawfull cause impugned the Queen's authority in causes Ecclesiastical or frequented Conventicles or persuaded others so to do under pretence of exercise of Religion they shall be committed to prison and there remain untill they shall conform themselves and make such open submission as hereafter shall be prescribed And if within three moneths after such conviction they refuse to conform and submit themselves being thereunto required by a Justice of Peace they shall in open Assize or Sessions abjure the Realm ☞ and if such abjuration happen to be before Justices of Peace in Sessions they shall make certificate thereof at the next Assize or Gaol-delivery LXXI If such an offender refuse to abjure or going away accordingly doth return without the Queen's license he shall be adjudged a felon and shall not enjoy the benefit of Clergie but if before he be required to abjure he makes his submission the penalties aforesaid shall not be inflicted upon him LXXII The form of the Submission is as followeth I A. B. do humbly confess and acknowledge that I have grievously offended God in contemning her Majestie 's godly and lawfull government and authority by absenting my self from Church and from hearing Divine Service contrary to the godly Statutes and Laws of this Realm and in using and frequenting disordered and unlawfull Conventicles and Assemblies under pretence of Exercise of Religion and I am heartily sorry for the same and do acknowledge and testifie in my conscience that no other person hath or ought to have any power or authority over her Majesty And I do promise and protest without any dissimulation that from henceforth I will from time to time obey and perform her Majestie 's Laws and Statutes in repairing to the Church and hearing Divine Service and do my utmost endeavour to maintain and defend the same LXXIII The Minister of the Parish where the submission is made shall presently enter the same in a Book and within ten days after certifie it to the Bishop of the Diocess LXXIV The offender that after such submission falleth into a relapse shall take no benefit thereby LXXV The forfeitures of this Act and of 23 Eliz. 1. may be recovered by action of debt LXXVI The third part of the penalties which accrue by this Act shall be disposed as those of 29 El. 6. LXXVII A feme covert shall not be compelled to abjure but any other offender that abjures or being required refuseth so to do shall forfeit all his goods and his land during life Howbeit here shall be no corruption of bloud loss of Dower or disherison of heir * LXXVIII Stat. 35 El. 2. Popish Recusants above 16 years of age shall within 40 days after their conviction repair to their usual dwelling and not remove above 5 miles from thence in pain to forfeit all their goods and their lands and annuities during life ☞ And if they have no certain abode then are they to repair to the place where they were born or where their father or mother dwells and within 20 days after their arrival there to give their names in writing to the Minister Constables and Headboroughs which Minister is to enter them in a Book to be kept for that purpose and he together with the said Constables and Headboroughs is to certifie the same to the next Quarter-Session where the Justices of Peace shall cause them to be inrolled LXXIX A Copiholder shall in this case also forfeit his estate during life if his estate continue so long to the Lord of the Mannor if he be no Recusant convict nor seized or possessed in trust to the use of a Recusant for then the Queen shall have the forfeiture LXXX A Popish Recusant being no feme covert not having lands worth 20 marks per annum or goods worth 40 l. which within the time above limited doth not repair to the place of his abode or doth depart above five miles thence or within three moneths after his arrival there doth not make the submission hereafter following being required so to do by the Bishop a Justice of Peace or the Minister there shall before two Justices of Peace or the Coroner abjure the Kingdom which abjuration shall be by the said Justices or Coroner certified in at the next Assize or Gaol-delivery LXXXI If such Popish Recusant depart not the Realm within the time limited by the said Justices or Coroner or return without the Queen's license he shall be adjudged a felon without Clergie LXXXII A Jesuit or Priest refusing to answer shall be committed to prison and there remain till he will answer the questions whereupon he was before examined LXXXIII This Act shall not restrain a Recusant urged by process or summons without fraud to travel without the abovesaid limits so he return again in a convenient time neither him that is compelled to render his body to the Sheriff LXXXIV If such an offender before conviction upon a Sunday or some Festival day repair to Church and there hear Divine Service and before the Gospel make the Confession following he shall be discharged of the penalties inflicted by this Act. The Confession is this LXXXV I A. B. do humbly confess and acknowledge that I have grievously offended God in contemning her Majestie 's godly and lawful government and authority by absenting my self from Church and from hearing Divine Service contrary to the godly Laws and Statutes of this Realm and I am heartily sorry for the same and do acknowledge and testifie in my conscience that the Bishop and See of Rome hath not nor ought to have any power or authority over her Majesty within any of her Majestie 's Realms or Dominions And I do promise and proceed without dissimulation that from henceforth I will from time to time obey and perform her Majestie 's Laws and Statutes in repairing to the Church and hearing Divine Service and do my utter most endeavour to maintain and defend the same LXXXVI The Minister of the Parish where such submission is made shall presently enter the same in a Book and within ten days after certifie it to the Bishop of the Diocess LXXXVII The offender that after such submission falleth into a relapse shall take no benefit thereby LXXXVIII Every married woman shall be bound by this Act save onely by the clause of abjuration LXXXIX Stat. 1 Ja. 1. A Recognition that upon Queen Elizabeth's death the Crown of England and all the Kingdomes Dominions and rights belonging to the same did by lawfull birth-right and succession descend to King James XC Stat. 1 Ja. 1. All the aforesaid Statutes made in the time of Queen Elizabeth shall be duely put in execution against all such as do not conform themselves as aforesaid XCI Where the Ancestor dies a Recusant the heir being none or conforming himself and taking the Oath of Supremacie before the Arch-bishop or Bishop of the Diocess the land shall be freed from all penalties XCII If an heir within age after he shall have
accomplished the age of 16 years doth still continue a Recusant his lands shall not be freed until he do conform and take the Oath of Supremacy as aforesaid XCIII A third part of every Recusant's lands shall remain clear unto him from seizure or extent and the other two parts shall remain in the King's hands both before and after the Recusant's death until the King shall be fully satisfied all the arrearages for the 20 l. a moneth according to 23 El. 1. * XCIV None shall send any child or other person under their government beyond the Seas to be instructed in the Popish Religion in pain of 100 l. and they which are so sent shall be incapable as to themselves onely of any grant or inheritance due unto them or to others for their use * XCV If a woman or child under the age of 21 years be suffered to pass the Seas without the license of the King or of six of the Privy Council under their hands except Sailors Ship-boys or Merchants Factors or Apprentices the Officers of the â—orts shall forfeit their Offices and all their goods the owner of the Ship his Ship and Tackle and every Master or Mariner of or in the Ship all their goods and also suffer a year's imprisonment without bail * XCVI None out of the Universities shall keep School except a Free-School or in some person's house that is no Recusant or by license of the Bishop or Ordinary in pain to forfeit 40 s. a day XCVII The forfeitures of this Act shall be divided betwixt the King and the prosecutor * XCVIII Stat. 3 Jac. 4. A Recusant that conforms shall within one year after and so once every year at least receive the blessed Sacrament in pain to forfeit for the first year 20 l. for the second 40 l. and for every default after 60 l. And if after he hath received it he make default therein by the space of a whole year he shall forfeit 60 l. XCIX These forfeitures may be recovered before Justices of Peace in Sessions or in any other Court of Record and are to be divided betwixt the King and the prosecutor C. The Church-wardens and Constables of every Parish or one of them or if there be none such then the High Constable of the Hundred there shall present once every year at the general Sessions of Peace the monethly absence from Church of every Popish Recusant and their children being above the age of nine years and their servants together with the age of their children as near as they can know them in pain to forfeit respectively for every such default 20 s. Which presentment the Clerk of the Peace or Town-Clerk shall record without fee in pain of 40 s. CI. If upon such presentment being the first the Recusant be convicted the Officer that presents him shall have 40 s. to be levied by warrant upon the Recusant's goods and estate as the more part of the Justices of Peace shall think fit CII Justices of Assize Gaol-delivery and Peace have power to hear and determine of all Recusants and offences as well for not receiving the Sacrament according to this Act as also for not coming to Church according to former Laws and likewise to make Proclamation that they shall tender themselves to the Sheriff or Bailiff of the Liberty where they are before the next Assize Gaol-delivery or Sessions respectively which if they do not that default being recorded shall be taken for as sufficient a conviction of them as a trial by verdict CIII Every offender not repairing to Church as aforesaid after their first conviction shall pay into the Checquer in such of the Terms of Easter and Michaelmas as shall happen next after such conviction the summ then due for the forfeiture of 20 l. a moneth and yearly after that in the same Terms according to the rate of 20 l. a moneth except where the King shall be pleased to take two third parts of their lands and leases in lieu thereof or that they conform themselves and come to Church CIV Every conviction shall before the end of the Term next following be certified into the Exchequer in such convenient certainty that the Court may thereupon award process for the seizure of all the offender's goods and two parts of his lands and leases in case the 20 l. a moneth be not paid as aforesaid CV The King may refuse 20 l. a moneth and take two third parts of his lands and leases but here he shall not include the Recusant's Mansion-house nor demise his two parts to a Recusant or to any other for a Recusant's use And the King's Lessee for his two parts shall give such security against committing of waste as by the Court of Exchequer shall be thought sufficient CVI. It shall be lawful for the Bishop of the Diocess or two Justices of the Peace 1. Qu. out of Sess to tender the Oath hereafter following to any person eighteen years old or above except noble men and noble women which stand convicted or indicted of Recusancy hath not received the Sacrament twice in the year next before or passing through the Country and examined upon oath confesseth or at least denieth not that he or she is a Recusant or that he or she hath not received the Sacrament twice in the year next before which Bishop or Justices shall certifie the name and dwelling of the person so taking the same oath at the next Ses where the Clerk of the Peace or Town-Clerk shall record them CVII If the parties refuse to answer upon oath or to take the oath aforesaid tendred unto them the Bishop or Justice aforesaid shall binde them over to the next Ass or Sess where if they again refuse it they shall incur a Praemunire except women covert who in that case shall onely suffer imprisonment till they take it The Tenor of the Oath is as followeth CVIII I A. B. do truly and sincerely acknowledge profess testifie and declare in my conscience before God and the world that our Sovereign Lord King James is lawful and rightful King of this Realm and of all other his Majesty's Dominions and Countries and that the Pope neither of himself nor by any authority of the Church or See of Rome or by any other means with any other hath any power or authority to depose the King or to dispose of any of his Majesty's Kingdoms or Dominions or to authorize any forein Prince to invade or annoy him or his Countries or to discharge any of his Subjects of their allegiance or obedience to his Majesty or to give licence or leave to any of them to bear arms raise tumults or to offer any violence or hurt to his Majesty's Royal person state or government or to any of his Majesty's Subjects within his Majesty's Dominions Also I do swear from my heart that notwithstanding any Declaration or Sentence of Excommunication or Deprivation made or granted or to be made or granted by the Pope or his
be committed to Prison without bail unless he immediately pay to the use of the poor where the offence was committed or be apprehended 20 s. for every Fowl Hare or Egg so killed taken or destroyed ☞ and after one moneth 's commitment shall before two or more Justices of Peace be bound with two sufficient sureties in 20 l. a piece with condition never to offend in the like kind again XII Every person convicted as abovesaid to keep a Grey-hound Dog or Net to kill or take Deer Hare Fesant or Partride unless he have inheritance of 10 l. per annum a lease for life of 30 l. per annum or be worth 200 l. in goods or otherwise be the son of a Baron or Knight or heir apparent of an Esquire shall suffer imprisonment as aforesaid unless he pay 40 s. to the use abovesaid XIII None shail sell or buy to sell again any Deer Hare Fesant or Partridge except Fesants or Partridges by them reared up or brought from beyond Sea in pain to forfeit for every Deer 40 s. Hare 10 s. Fesant 20 s. and Partridge 10 s. to be divided betwixt the prosecutor and the poor of the Parish where the offence is committed XIV Justices of Assize Justices of Peace in Sessions and two or more Justices of Peace out of Sessions have power to hear and determine these offences XV. None shall by any former law suffer punishment for the same offences for which he shall be punished by this Law XVI This Act shall not restrain one licensed in open Sessions to kill Hawk's meat but then he shall there become bound by recognizance in 20 l. not to kill any of the games prohibited by this law nor to shoot within 600 paces of an Hearnry within 100 paces of a Pigeon-house or in a Park Forrest or Chase whereof his Master is not owner or keeper and the Clerk of the Peace his fee for such a license is 12 d. * XVII Stat. 7 Jac. 11. Every person convicted by his own confession or by two witnesses upon oath before two or more Justices of Peace to have hawked at or destroyed any Fesant or Partridge betwixt the first of July and the last of August shall suffer one moneths imprisonment without bail unless he forthwith pay to the use of the poor where the offence was committed or be apprehended 40 s. for every time so hawking and 20 s. for every Fesant or Partridge so destroyed or taken XVIII He that shall be punished by this Law shall not be punished again by any other law for the same offence XIX This offence shall be prosecuted within six moneths after it shall be committed XX. It shall be lawful for the Lord of a Mannor or any having free Warren inheritance of 40 l. per annum free-hold of 80 l. per annum or goods worth 400 l. or their servants licensed by them to take Fesants or Partridges within their own grounds or Precinct so they do it in the day time and onely betwixt Michaclmas and Christmas ☞ XXI If any of a mean condition shall be convicted by his own confession or by one witness upon oath before two or more Justices of Peace to have killed or taken any Fesant or Partridge with dogs nets or engines he shall by the said Justices be committed to prison without bail unless he forthwith pay to the use of the poor where the offence was committed 20 s. for every Fesant or Partridge so killed or taken and also become bound before one or more Justices of Peace in a recognizance of 20 l. never to offend in the like kind again XXII Every Constable or Headborough upon a warrant under the hands of two or more Justices of Peace hath power to search the houses of persons suspected to have any setting dogs or nets for the taking of Fesants or Partridges and the dogs or nets there found to kill and cut in pieces at pleasure as things forfeited unto the said officers ☞ Fighting and Quarrelling * I. Stat. 5.6 E. 6.4 None shall use any chiding words in the Church or Church-yard in pain of suspension for so long time as the Ordinary shall think fit viz. of a Lay-man ab ingressu Ecclesiae and of a Clerk à Ministerio officii II. He that shall there smite or lay violent hands upon any one is thereby excommunicated ipso facto III. He that is convicted of striking with a weapon there or of drawing it with an intent to strike before Justices of Assize of Oyer and Terminer or of Peace in Sessions by verdict his own confession or two lawful witnesses shall by judgment of the said Justices have one of his ears cut off and in case he wants ears shall be burned upon the cheek with the letter F. and shall stand excommunicate ipso facto Fines I. Stat. de sinibus 18 E. 1. Stat. 4. After the writ original is delivered in the presence of the parties before the Justices the pleader shall say Sir Justice Conge de accorder Then the Justice shall say What saith Sir R And when the King 's fine is agreed for and the peace cried the Pleader shall declare the substance of the fine II. A final concord cannot be levied in the King's Court without writ original before four Justices in the Bench or in Eyre and it must also be in the presence of the parties who ought to be of full age of good memory and out of prison and if a feme covert be one she must be examined by four of the said Justices and if she consent not the fine cannot be levied III. The reason of such solemnity in the taking of a fine is because it bars all persons of full age out of prison of good memoand within the four Seas the day of the fine levied if they make not their claim of their Action within a year and a day by the Countrey IV. Stat. De finibus levatis 27 E. 1. Stat. 1. It shall be no good exception to a fine that before or at the time of the fine levied the demand of his ancestors were seized of the land contained in the fine or of some part thereof V. Fines shall be openly read at two certain days in the week by the discretion of the Justices and in the mean time all Pleas shall cease VI. The Statute of Carlile 15 E. 2. In Pleas of Warrantia Chartae covenant or other whereupon fines are to be levied before the Justices of the Bench as well the demandants as tenants before such fines pass shall appear personally to the end their age idiocy and other defects if any be may be discerned VII If the party be not able to come before the Justices in the Court then two or one of them by the assent of the rest shall go to the party and receive his Cognizance and if but one go he shall take with him an Abbot Prior or Knight being of good fame and credit VIII The Commissioners that take the Cognizance
day to him limited II. Stat. 10 H. 6. Statutum per se The Justices Serjeants and the King's Attorney shall be paid their wages by the Treasurer of England at Easter and Michaelmas by even portions without any other suit But this Statute is not in the Printed Book of Statutes Justices of Gaol-delivery I. Stat. de finibus levatis cap. 3. 27 E. 1. Justices of Assize presently after the Assizes taken shall deliver the Gaols but if one of them be a Clerk the other that is Lay Associating unto him one of the most discreet Knights of the County shall deliver the Gaols II. The Justices shall then also inquire whether Sheriffs or any other have let out by plevin any prisoners not pleviable or have offended in any thing against the Stat. of West 2.15 13 E. 1. and shall punish them according to the form of the said Statute III. Stat. 2 E. 3.2 Justices of Gaol-delivery and Oyer and Terminer procured by great men shall not be made against the form of the Statute 27 E. 1.3 and Assizes Attaints and Certifications shall be hereafter taken before Justices commonly Assigned being good and lawful men and having knowledge in the law and before none other according to the Statute of West 2. 29 E. 1. which see in Oyer and Terminer 1. IV. Stat. 4 E. 3.2 Good and discreet persons shall be Assigned in all Shires of England to take Assizes Juries and Certifications and to deliver the Gaols three times in the year at least V. There shall also be Assigned good and lawful men in every County to keep the Peace and such as shall be indicted or taken by them and are not bailable by Law shall not be let to main-prise by the Sheriff or any other Minister nor otherwise delivered then at the Common-Law VI. Justices of Gaol-delivery shall have power to deliver the Gaols of those that stand indicted before the keepers of the Peace which keepers shall send those Indictments before the Justices of Gaol-delivery who shall have power to inquire of and punish Sheriffs Gaolers and others which do any thing against this Act. VII Stat. 17 R. 2.10 In every Commission of Peace two men of law of the same County shall be Assigned to go and proceed to the deliverance of Thieves and Felons ☞ Justices of Peace I. Stat. 1 E. 3. Stat. 2.16 The King will that in every County Good men and lawful which be no maintainers of evil or Barrettors in the Countrey shall be Assigned to keep the Peace II. Stat. 4 E. 3. Stat. 1. cap. 2. Two or three of the best of reputation in the Counties shall be assigned Keepers of the Peace by the King's Commission who together with other wise and learned in the Law shall have power to hear and determine Felonies and trespasses done in the same Counties and to inflict punishment according to Law and reason III. Stat. 34 E. 3.1 There shall be Assigned in every County for the keeping of the peace one Lord and 3 or 4 of the most worthy of the County with some learned in the Law who shall have power to arrest and chastise Rioters Barrettors and other Offenders and also to imprison and punish them according to Law and by discretion and good advisement also to bind people of evil fame to the good behaviour and to hear and determine felonies and trespasses done in the same County according to Law IV. Writs of Oyer and Terminer shall be granted according to the Statutes thereof made and the Justices thereof shall be named by the Court and not by the party V. All general inquiries heretofore granted within any Seigniories or the mischiefes done thereby shall from henceforth cease and be repealed VI. The Fines imposed by Justices of Peace for trespasses shall be reasonable and just VII Stat. 36 E. 3.12 In the Commissions of Justices of Peace and labourers express mention shall be made that they shall keep their Sessions 4 times in the year viz. one within the Utas or Octabis of Epiphany the second within the second week of Lent the third betwixt the feasts of Pentecost and S. John Baptist and the fourth within eight days of S. Michael VIII Stat. Canterb. Cap. 10. 12 R. 2. In every Commission there shall be but 6 Justices Assigned who shall keep their Sessions every quarter at least in pain to be punished at the discretion of the King's Council IX Every Justice of Peace shall have for his wages 4 s. a day and the Clark of the Peace 2 s. for so long time as the Sessions shall last to be paid by the Sheriffs out of the fines and amerciaments arising at the same Sessions whereunto Lords of Franchises shall be also contributary after the rate of their part of such fines and amerciaments X. No Steward of any Lord shall be Assigned in any commission of Peace neither shall any Association be made to the Justices of Peace after the first commission XI Judges and Serjeants at Law shall not be bound to attend the Sessions but when they can conveniently intend it XII Stat. 13 R. 2. Stat. 1.7 Notwithstanding the Statute of 12. R. 2.10 which prohibits the Stewards of Lords to be Justices of the Peace the most sufficient Knights Esquires and Gentlemen of the Law shall be put in Commission and sworn to put in Execution without favour all Statutes which concern their Office XIII Stat. 14 R. 2.11 There shall be 8 Justices of Peace Assigned in every County XIV Double Estreats of the fines and amerciaments arising at the Sessions shall be made containing the names of all the Justices there present and the number of days they sit and one of them delivered to the Sheriff out of which he is to answer to the Justices their wages by indenture according to which the Sheriff shall be again allowed the wages in the Exchequer upon his account but no Duke Earl Baron or Barronet although he be Justice of Peace and holds Sessions with the other 8 shall have any wages allowed him Quaere whether it ought not to be Baneret for so it is in the first addition of Rastal which I have XV. 2 H. 5. Stat. 1.4 Justices of Peace in every Shire named of the Quorum shall be Resiant within the same Shire except Lords Judges Serjeants at Law and the King's Attorney and shall keep their Sessions 4 times in the year viz. in the first week after Michaelmas Epiphany Easter and the Translation of St. Thomas the Martyr viz. Becket being the seventh of July and oftener if need require XVI Stat. 2. H. 5. Stat. 2.1 Justices of Peace shall be made of the most sufficient persons dwelling in the same Counties by the advice of the Chancellor and the King's Council without taking others dwelling in forein Counties to execute that office except Lords Justices of Assize and the King 's chief Steward of the Dutchy-Lands in the North and South parts XVII Stat. 18 H. 6.11 Justices of Peace of Middlesex
execution of this Law in pain of 5 l. and to be bound to the good behaviour VII None shall transport such a Rogue out of Ireland Scotland or the Isle of Maâ— being born in any of these places in pain to forfeit 20 s. to the use of the poor where he lands And if any then shall be hereafter found in England or Wales they shall suffer punishment and be conveyed the next way home as aforesaid or in case they came by Sea to the place where they landed from whence they are to be transported at the charge of that County to the place from whence they came VIII No impotent poor person shall pass to the Bath or Buxton without being licensed to pass by two Justices of Peace where they dwell and provided with relief both for their journey and abode there and shall also return within the time limited by their license in pain to be reputed and punished as Rogues and the City of Bath or Town of Buxton shall not be chargeable with any such IX Justices of Peace of the Counties shall not intermeddle in Cities or Corporations but only the Officers of the same who shall have like power there as the said Justices have in Counties X. This Act shall not extend to restrain the power which the City of London hath in the Government of Saint Thomas Hospital in Southwark or to prejudice any jurisdiction or inheritance of John Dutton of Dutton in the County of Chester Esquire XI The forfeitures and fines which shall accrue by this Act other then that above otherwise limited shall be imployed for the maintenance of houses of Correction or the relief of the poor where the offence shall be committed at the discretion of the said Justices of Peace and may be levied by warrant under the hands and seals of two Justices of Peace by distress and sale of goods And here the confession of the offender or proof by two witnesses before two such Justices shall be sufficient conviction XII Two Justices of Peace one of Quorum shall have full power to hear and determine all causes which may come in question by reason of this Act. XIII The Lord Chancellor or Keeper for the time being shall have power to make Commissioners to enquire of money given towards the erection or maintenance of houses of Correction stocks for poor or other such like uses XIV A Seafaring-man suffering shipwrack not having wherewithal to relieve himself and having a Testimonial under some Justice of Peace his hand and seal near the place where he landed declaring the time and place of his landing the place of his dwelling or birth unto which he is to pass and the time limited for his passage may in the direct way home and within the time so limited for his passage ask and receive necessary relief without incuring the penalties of this Act. XV. This Act shall not extend to children under seven years old nor to glass-men which travel without begging by licenses under the hands and seals of three Justices of Peace one Quorum of the County through which they travel XVI Stat. 39 El. 17. Wandring Souldiers and Mariners and all others wandring as Souldiers or Mariners which will not settle themselves to work or have not a Testimonial under the hand of some one Justice of Peace near the place of their landing setting down the place where they landed the place whither they are to pass and the time of their passage or having a Testimonial exceed the time therein limited above fourteen days or counterfeit Testimonial or produce one which they know to be counterfeit shall in all these cases suffer as Felons without benefit of Clergy XVII Justice of Assize Goal-delivery and of Peace in their Sessions have power to proceed against these offenders as in case of Felony without Clergy unless some sufficient man allowed by the Justices will enter into Recognisance of 10 l. to the Queen to retain the offender for one whole year and to bring him to the next Sessions of Peace and Goal-delivery after the year ended And if he within the year depart that service without license he shall afterwards suffer as a Felon without Clergy XVIII Souldiers and Mariners which fall sick in their passage home shall be excused though they exceed the time limited in their Testimonial so that they perform this Act in convenient time after their recovery XIX If when they come home they cannot get work the two next Justices upon their complaint shall take order that they may be provided of work or otherwise shall tax the whole Hundred for their relief untill work may be had XX. The Souldier or Mariner licensed by a Justice of Peace to whom he shall make his poverty known having not wherewith to bear his charges home may ask and take relief so it be in his direct way home and within the time limited by his license XXI These offences shall cause no corruption of blood XXII Stat. 1 Jac. 7. Noble Personages shall authorize none to go wandring abroad and Glass-men shall be reputed and used as Rogues notwithstanding the Statute of 39 El. 4. XXIII Instead of banishing an incorrigible Rogue or committing him to the Gallies as was ordained by 34 El. 4. he shall in open Sessions be branded in the left shoulder with a burning iron having a great Roman R. upon it as broad as a shilling And from thence shall be sent to the place of his last dwelling if that cannot be known to the place of his birth After which time if he offend again he shall suffer as a Felon without benefit of Clergy XXIV Every person that seeth or knoweth any Rogue to beg shall convey or cause him to be conveyed to the next Constable or Tything-man in pain of 18 s. to be levied and imployed as the forfeitures of 39 El. 4. and in default thereof then by the Lord of the Leet or his officer in like manner as the persons authorized by the said Statute should have levied and imployed the same And here also if the Constable or Tything-man do not punish him according to that Statute he shall forfeit 20 s. to be also levied and imployed as by the same Statute is appointed XXV This Act shall not prejudice the jurisdiction or inheritance of John Dutton of Dutton in the County of Chester Esquire XXVI Stat. 7 Jac. 4. There shall be an house of Correction provided in every Shire to set Rogues and other idle people to work XXVII The Justices in Sessions shall from time to time appoint a Governour for the said house who shall have power to set such Rogues and idle people to work and to punish them by moderate whipping or putting fetters or gives on them which rogues and idle persons shall not be chargeable to the Country nor have other allowance than what they shall deserve by their own labour XXVIII The said Justices shall at least twice every year within their several divisions and oftner if
pain to incurr a Praemunire Vide infrá CXXVII The Warden of the Cinque-ports or some authorized by him shall take the bond and minister the Oath aforesaid where any person passeth beyond Sea out of them or any of their members CXXVIII Stat. 3 Jac. 5. The person that within three days notice shall discover to a Justice of Peace any that entertains a Popish Priest or any which have heard or said Mass shall have a third part of the forfeiture due for the same offences if the whole exceed not 150 l. and then onely 50 l. thereof to be delivered unto him by the Sheriff or other Officer which shall have power to levy the same CXXIX No convicted Recusant shall come into the Court without command from the King or warrant from the Privy Council under their hands in pain of 100 l. to be divided betwixt the King and the discoverer CXXX A Popish Recusant convicted or indicted or any person not coming to Church by the space of three moneths together which remains in London or within 10 miles distance thereof shall within ten daies after such conviction or indictment depart from thence and also shall deliver their names in London to the Lord Mayor there and in the County to the next Justice of Peace in pain of 100 l. to be divided betwixt the King and the prosecutor Howbeit this clause shall not extend to Trades-men or such as have no other habitation then in London or within 10 miles distance as aforesaid CXXXI It shall be lawful for a Recusant to go about his necessary occasions as far as a licence obtained from the King or from three of the Privy Council under their hands or four of the next Justices of Peace under their hands and seals with the assent in writing of the Bishop Lievtenant or Deputy-Lievtenant of the same County shall give him leave notwithstanding the Stat. of 35 El. 2. which licence shall not be granted by the said Justices till the party hath made oath of the true reason of his journey and that he will make no causless stays CXXXII No convicted Recusant shall practise the Common Law Civil Law Physick or Art of Apothecary or be an officer of or in any Court or bear any office amongst Souldiers or in a Ship Castle or Fortress in pain of 100 l. to be divided betwixt the King and the prosecutor CXXXIII No Popish Recusant convict or whose wife is a Popish Recusant convict shall exercise any publick office in the Commonwealth by himself or his Deputy unless he bring up his children in the true Religion and together with his children and servants repair to the Church and receive the Sacraments at such times as by the Law are limited CXXXIV A married woman being a Popish Recusant convict her husband being none that doth not conform her self as aforesaid by the space of one whole year before her husband's death shall forfeit two third parts of her Dower or Joynture and shall be incapable of being Executrix or Administratrix to her husband and of enjoying any part of her husband's goods CXXXV A Popish Recusant after conviction shall be reputed to all intents as a person excommunicate until he shall conform go to Church receive the Sacraments and take the Oath of Obedience ordained by 3 Jac. 4. Howbeit he may sue for his interest in lands not seized into the King's hands CXXXVI A Popish Recusant convict which is married otherwise then in open Church and by a lawful Minister according to the Orders of the Church of England shall not be tenant by the Courtesie and a woman also in this case shall be disabled to enjoy her Dower Joynture Widow's estate or any of her husband's goods And where a man cannot be tenant by the Courtesie he shall forfeit 100 l. to be divided betwixt the King and the prosecutor CXXXVII Every Popish Recusant shall within one moneth after the birth of his child cause it to be baptized by a lawful Minister in pain to forfeit 100 l. if he out-live the moneth if not then his wife is to pay the same forfeiture which shall be divided into three parts whereof the King shall have one the prosecutor another and the poor of the Parish the third CXXXVIII Every Popish Recusant shall be buried in the Church or Church-yard and according to the Ecclesiastical laws of this Realm in pain that his Executor Administrator or the party that caused him to be otherwise buried shall forfeit 20 l. to be divided into three parts and dispersed as aforesaid CXXXIX A child being no Souldier Mariner Merchant or Apprentice or Factor to a Merchant shall not be sent or go beyond Sea without license of the King or six of the Privy Council whereof the principal Secretary shall be one in pain to be thereby incapable to enjoy any lands or goods by descent or grant untill being eighteen years of age or above he take the said Oath of Obedience before some Justice of Peace of the County where his parents do or did dwell And in the mean time the next of his kin being no Popish Recusant shall enjoy the lands and goods but shall be accountable to the other in case he after conform himself as aforesaid And he that so goes out of the Kingdom without license shall forfeit 100 l. to be divided and imployed as aforesaid CXL A Popish Recusant convict shall be disabled to present to a Benefice but in stead of him the Chancellor and Scholars of the Universities of Oxford and Cambridge shall present within several Counties respectively For which see the Statute at large Howbeit they shall not conferr it upon a man already beneficed CXLI A Popish Recusant convict shall not be an Executor Administrator or Guardian but the next of kin being no Recusant and unto whom the land cannot lawfully descend shall have the wardship and tuition of an Heir or orphan in that case CXLII A grant of the King's ward to a Popish Recusant convict shall be void CXLIII None shall bring from beyond Sea print sell or buy any Popish Primers Ladie 's Psalters Manuals Rosaries Popish Catechisms Missals Breviaries Portals Legends or Lives of Saints in what Language soever they shall be printed or written nor any other superstitious Books printed or written in the English tongue in pain to forfeit 40 s. for every such Book to be divided into three parts and imployed as aforesaid CXLIV Two Justices of Peace and all Mayors Bailiffs and Head-officers have power to search the houses and lodgings of Popish Recusants convict and of every person whose wife is a Popish Recusant convict for Popish books and reliques and to burn and deface such as they shall find in their custody but such as are of value shall be defaced in open Sess and afterward restored to the owner CXLV All the Armour Gunpowder and Munition of a Popish Recusant convict shall be taken from him by warrant from four Justices of Peace at the General Sess other
then such weapons as shall be allowed unto him by the same Justices which said Armour and Munition shall be kept at the costs of such Recusant in such places where the said Justices shall appoint and shewed at every Muster as his arms together with his horse which he shall buy provide and maintain for that purpose according to his ability as other Subjects doe And here the Recusant that refuseth to declare what Armour and Munition he hath or to deliver it to such persons as shall have power to seize it shall forfeit the same to the King and besides shall upon warrant from any Justice of Peace of that County be imprisoned by the space of three moneths without bail CXLVI This Act shall not abridge Ecclesiastical censures CXLVII Stat. 7 Jac. 2. No person of the age of eighteen years or above shall be naturalized or restored to bloud unless he have received the Lord's Supper within a moneth before his bill was exhibited and also do take before the bill be twice read the oaths of Supremacy and Allegiance to be ministred unto him in the house of Lords by the Lord Chancellor or Keeper and in the Common house by the Speaker * CXLVIII Stat. 7 Jac. 6. Who shall take the Oath of Obedience or Allegiance by whom it shall be ministred and within what time CXLIX It shall be lawful for any of the Privy Council or any Bishop within his Diocess to require a Baron or Baroness of eighteen years of age or above to take the said Oath and likewise for any two Justices of Peace 1. Qu. to require any person of the age aforesaid or above and under the degrees aforesaid to take the same Oath CL. If any Baron or Baroness stand presented indicted or convicted for Recusancy three of the Privy Council whereof the Lord Chancellor Treasurer Privy Seal or the principal Secretary shall be one shall minister unto them the said Oath But if it be any other convicted person under those degrees or if the Minister pety Constables or Church-wardens of any Parish or any two of them shall complain to any Justice of Peace of any person suspected for Recusancy then any such Justice may in either of the said cases minister the said Oath and upon refusal shall commit the party to prison there to remain until the next Ass or Sess where if he or she again refuse to take it they shall incur a Praemunire except women covert who shall onely be imprisoned and there remain without bail untill they shall take the said Oath CLI None refusing the said Oath shall be capable of any Office of Judicature or of other Office being no Office of inheritance or Ministerial function or to practise the Common Law Physick Chirurgery the Art of Apothecary or any liberal Science for gain CLII. If a married woman being a convicted Recusant do not conform within three moneths after conviction she shall be committed to prison by a privy Councellor or the Bishop of the Diocess if she be a Baroness But if any other of a lower degree then shall she be committed by two Justices of Peace 1. Qu. and there shall remain until she conform as aforesaid unless the husband for the wife's offence will pay unto the King 10 l. for every moneth or yield the third part of all his lands at the choice of the said husband CLIII None shall go himself or send any person whatsoever beyond sea to be trained up in Popery or any maintenance or relief to the party so sent or to any School or Religious house there in pain after conviction thereof to be adjudged unable to prosecute any suit in any Court of Equity to be Cummittee of any Ward Executor or Administrator to be uncapable of any Legacy or deed of Gift or of bearing Office within this Realm And besiders to forfeit all his goods and chattels and his land also during life But if he conform within six weeks after his return according to the Statutes in that case provided he shall not incur the penalties abovesaid CLIV. These offences shall be heard and determined by the Justices of the King's Bench Assize Gaol-delivery and Oyer and Terminer of such Counties where the offenders did last dwell or whence they departed or where they shall be taken CLV For Uniformity of Common-Prayer See Title Religion * CLVI Stat. 3 Car. 2. The Statute of 1 Jac. 4. shall be duely put in execution and none of the King's Subjects shall pass or go or shall convey or send or cause to be coveyed or sent any child or other person out of any of the King's Dominions into any parts beyond the Seas out of the King's Obedience to the intent to be resident or trained up in any popish society School or family or to be there instructed in the Popish Religion in any sort to profess the same Neither shall any convey or cause to be conveyed any money or other thing towards the maintenance of any such child or person already gon or lent or to go or to be sent and trained and instructed as aforesaid or under the name of charity towards the relief of any such Society or Religious House upon pain after conviction in any of the aforesaid cases to be disabled to sue or use any action bill plaint or information in course of Law or to prosecute any suit in equity or to be Committee of any Ward or Executor or Administrator to any person or capable of any legacy or deed of Gift or to bear Office within the Realm and to forfeit all his goods and chattels and also his lands rents annuities and Offices during his life CLVII Howbeit no person so sent or conveyed as aforesaid who shall within six weeks after his return conform himself to the present Religion here established and receive the Sacrament of the Lord's Supper shall incurr any of the penalties aforesaid CLVIII Justices of the King's Bench Assize Gaol-delivery and Oyer and Terminer have power to hear and determine these offences in such Counties where such offenders did last dwell or whence they departed or where they are taken CLIX. Stat. 16. 17 Car. 11. The branch of the Statute of 1 Eliz. 1. which gave power by commission under the Great Seal to exercise Ecclesiastical Jurisdiction and whereupon the pretended authority of the High Commission-Court was founded is repealed CLX No Ecclesiastical Judge Officer or Minister of Justice shall award impose or inflict any pain penalty fine amerciament imprisonment or other corporal punishment upon any of the King's Subjects for any contempt offence matter or thing whatsoever nor give any oath to any Church-warden Side-man or other person to present or confess any thing or to accuse him or her self of any crime or offence whereby they may be liable to any pain or punishment in pain to forfeit treble dammages to the party grieved and an 100 l. to the first prosecutor to be recovered by action of debt c. in which no