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A39442 An abridgment; or, a summary account of all the statute laws of this kingdom made against Jesuites, seminary priests, and popish recusants drawn up for the benefit of my dear Protestant countrey men, and specially of the juries of England; who, in pursuance of his Majesties proclamation, published at the request and desire of the two houses of Parliament, are to present and indict all Jesuites, priests, and popish recusants, according to the tenor and effect of the said statute laws, and of the said proclamation. Done by a Protestant, to inform such of his fellow subjects, that are ignorant of these laws, and would be willing to do their duties, where and when the laws injoyn them thereto. 1666 (1666) Wing E861; ESTC R200827 16,826 20

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will clear us of the great and certain fears had by all the Parliaments of England and all sober men for above fourscore years last past That you are more faithful to the Pope then to our English Kings and Government Else you must let us still believe you are Factious and not Consciencious Do therefore but conform to the English Laws and Government and you will quickly be in the same liberty and security with the rest of his Majesties Subjects Farewell J. R. An Abridgement or Summary account of all the Statute-Laws of this Kingdom made against all Jesuites Seminary Priests and Popish Recusants drawn up for the benefit of my Countrey men and of the Juries of England who in pursuance of his Majesties Proclamation published at the Request of the two Houses of Parliament are to Present and Indict all Jesuites Priests and Popish Recusants according to the Tenor and effect of the said Statutes and Proclamation 1. BY the Statute of 1o. Eliz. cap. 1. No Forreign Potentate or other person shall exercise any Ecclesiastical Power in the Queens Dominions but she and her Successors may by Letters Pattents authorize any Subject born to exercise the same 2. For the better observance of this Act every Ecclesiastical and Temporal OFFICER and such as take Degrees in the University and all the Queens Servants are injoyned to take the Oath of Supremacy recited in haec Verba in this Statute to which because it is long you are referred 3. He that refuseth this Oath if he be in any Office shall forfeit such Spiritual or Temporal Office or Promotion during his life or if he be to be admitted to any such Office he shall take the aforesaid Oath before he be admitted and if he refuse it he shall be adjudged uncapable of it 4. If any have a Temporal Office of Inheritance and at first refuse this Oath but afterwards shall take it he shall be restored 5. None shall maintain the jurisdiction of any Forreign Prelate or Potentate in the Queens Dominions upon pain of forfeiting all his Goods and Chattels and if he be not worth twenty pounds at the time of his Conviction he shall forfeit all he hath and suffer a years imprisonment without Bayl and for the second offence incur a Praemunire and for the third offence be guilty of high Treason which offence must be prosecuted within one year after it is committed but if the offence be by Preaching Teaching or Words onely Prosecution by Indictment must be within six months else the Offender to be set at liberty 6. A Clergy man beneficed upon the first Conviction for such offence shall loose his Spiritual promotion 7. A Peer of the Realm guilty of such offence is to be tryed by his Peers 8. No persons to be Indicted or Arraigned for the aforesaid offences but by two or more sufficient witnesses produced vivâ voce and none shall be questioned for relieving ayding or comforting any such offender as is before mentioned unless it be proved by two witnesses at least that at the time of such relief aid c. he had notice of the offence committed 1. By this Statute of 5to Eliz. None shall maintain the Jurisdiction of the Bishop or Sea of Rome within any of the Queens Dominions upon pain that they and their Accessaries shall incur a Praemunire 2. Justices of Assize Justices of the Peace in Sessions or any two of them whereof on of the Quorum have power to hear and determine this offence and to certifie the presentments into the Kings Bench within a time limited in the Statute on pain of a hundred pound and Justices of Assize have power as well upon such Certificate as also before themselves to hear and determine such Offences 3. All persons appointed by the Statute of 1. Eliz. cap. 1. to take the Oath of Supremacy and all other persons taking Orders preferred to any Degree in the Universities all Schoolmasters publick and private all that take degrees of Learning in the Laws in the Inns of Court or Chancery all Attournies Protonotaries Philizers Escheators c. All persons admitted to any Ministry or Office belonging to the Common Law or other Law or Laws and all Officers and Ministers of every Court shall take the said Oath before their admittance to the exercise of any such Offices or Profession 4. He that is thus compettable to take the said Oath if he refuse it incurs a Praemunire if his default be presented and he Indicted within a year after the default 5. Archbishops and Bishops have power in their proper Diocesses to minister this Oath and the Lord Chancellor or Keeper without further Warrant may grant Commission to tender it 6. All persons impowered to tender this Oath are to certifie the Refusals of those Recusants that will not take it under their hands and seals into the Kings-Bench within a limited time in the Statute on pain of 100 l. See the Statute at large as to the Time 7. Those that refuse this Oath upon second Tender or were formerly convicted of maintaining the Jurisdiction of the Pope or See of Rome and do commit the like Offence the second time both they and their Accessaries shall suffer as in case of high Treason except in case of corruption of Blood disinherison of Heirs forfeiture of Dower or prejudice to others beside the Offender c. But none shall be punished as accessary for giving Alms without fraud to the Offender 8. This Act is to be published at every Quarter-Sessions at every Leet and every Term in open Hall in the Innes of Court and Chancery by the persons appointed thereto 9. Every Member of the Commons House is to take this Oath before he sit in Parliament before the Lord Steward or his Deputy 10. None of or above the degree of a Baron is compellable to take this Oath but a Peer offending herein is onely triable by his Peers 11. No Papist is compellable to take this Oath upon second tender or be in danger by refusal thereof to incur high Treason but onely Clergy-men Officers of Ecclesiastical Courts such as shall not observe the Rites of the Church of England c. or do say or hear Private Mass 1. By this Statute All that obtain or put in ure any Bull of Absolution or Reconciliation from the Church of Rome or absolve or be absolved thereby both they and their Accessaries before the fact shall be adjudged guilty of high Treason 2. Their Comforters and Maintainers shall incur a Praemunire and their Concealers misprision of Treason unless within six weeks they discover them to some Privy Counsellour c. 3. If any bring into the Queens Dominions any Agnus Dei Crosses Pictures Beads or any such vain and superstitious thing or deliver or offer the same to any person to be used the Person so doing and the
tender his body to the Sheriff 5. The effect of the submission whereby they may avoid these penalties is That the Popish Recusant submitting do acknowledge and testifie in his Conscience that the Bishop and Sea of Rome hath not nor ought to have any power or authority over her Majestie within any of her Dominions c. But the Reader is referred to the Statute to see the submission at large 6. The Minister of the Parish where the submission is taken shall presently enter it into a Book and within ten dayes certifie it to the Bishop of the Diocess and if the Offender after such submission shall fall to a relaps he shall have no benefit of his submission 7. Evety married Woman shall be bound by this Act save onely in the case of Abjuration 1. By this Statute all the former Statutes of Queen Elizabeth are confirmed and appointed to be put in due execution 2. Where the Ancestor dies a Recusant the Heir being none or conforming himself and taking the Oath of Supremacy before the Arch-Bishop c. he shall be freed from all the penalties in the aforesaid Statutes but if the Heir after the age of sixteen years shall continue to be a Recusant he shall not be freed till conformity and taking the said Oath And the King shall have two parts of his Lands to answer the Arrearages of twenty pound a month according to the Statute of 23. Eliz. cap. 1. 3. None shall send any Child or other person under their Government beyond Sea to be instructed in the Popish Religion upon pain of an hundred pound and they which are so sent shall be uncapable as to themselves onely of any Grant or Inheritance due to them or others to their use 4. No Child or Woman under 21. years of age except Saylors Ship-boys Merchants-Factors or Apprentices shall be suffered by Officers of Ports to pass beyond Sea without the Kings License or Warrant of six Privy Counsellors under their hands upon pain of the said Officers forfeiting their Offices c. And the forfeitures by this Act are to be divided between the King and the Prosecutor See the Statute of 3. Jacobi cap. 5. Touching Souldiers and Marriners passing beyond Sea vide infra 1. By this Act The Recusant that conforms must within one year after his conformity and so once every year at least receive the Sacrament on pain to forfeit for the first offence twenty pounds for the second forty pounds c. 2. These forfeitures to be recovered before Justices of Peace in their Sessions or in any Court of Record and to be divided between the King and Prosecutors 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 shall present once every year at the general Sessions of the Peace the monthly 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 well as they can be known on pain respectively to forfeit 20 s. for every default and this presentment to be entered by the Clerk of the Peace or Town-Clerk on Record without Fee on pain of 40 s. for every default 4. If the Recusant be convicted upon such presentment the Officer presenting him shall have 40 s. out of the said Recusants Estate by order of the Justices of Peace 5. Justices of Assize Goal-Delivery and of the Peace have power of hearing and determining the Offences of such Popish Recusants as well for their not taking the Sacrament as for not coming to Church according to this and former Laws and Statutes and to make Proclamation that they shall tender themselves to the Sheriff or Bayliff of the Liberty where they are before the next Assize Goal Delivery or Sessions respectively Which if they shall not do that default is to be recorded and it shall be a sufficient Conviction of them as well as a tryal by Verdict 6. Every such Offender after the first Conviction for not coming to Church shall pay into the Exchequer in the Terms of Easter and Michaelmas next happening after their Conviction their forfeitures then due at the rate of 20 l. per month and yearly after that in the same Terms at the rate of 20 l. per month unless the King shall please to take two thirds of their Lands and Leases or that they shall conform 7. Every Conviction is before the end of the Term next following to be certified into the Exchequer and the Court is to issue process of seisure thereupon against the Offenders Goods and two parts of his Lands Leases c. 8. The King may refuse the twenty pounds a month and take the two parts of the Lands as aforesaid excepting the Recusants Mansion-house and the King may not demise those two parts to a Recusant or to any other for the Recusants use and the Kings Lessee of the said two parts is to give security not to commit waste 9. The Bishop of the Diocess or two Justices of the Peace one being of the Quorum may out of Sessions tender the Oath of Allegiance mentioned in haec verba in this Act to which the Reader is referred to any person being eighteen years of age except Noble-men and Noble-women which stand Convicted or Indicted of Recusancy c. or passing through the Countrey and examined on Oath confesseth or at least denyeth not that he or she is a Recusant and the Bishop or Justices are to certifie the Premises and the name and aboad of the party to the next Sessions where the Clerk of the Peace or Town Clerk are to record the same And if they refuse to take the Oath or to answer upon Oath they are to bind them to the next Sessions and if they refuse there to take it again they incur a Premunirae except Women Covert who in that case are to suffer Imprisonment till they take it 10. If they take the Oath they are to subscribe their Names or Marks no Indictment against such as are Recusants shal be reversed for lack of form but onely by direct Traverse But if they conform they may be admitted to traverse or discharge it 11. None shall go out of the Realm to serve any Forreign Prince or State without taking the said Oath of Allegiance and if he have born Office as a Souldier he shall also enter into Bond to the Kings use with condition as in this Act is at large expressed in haec Verba to which the Reader is referred or else to be adjudged a Fellon 12. The Customers or Comptrollers of Ports onely and their Deputies may take such Bonds and minister the said Oath in this case which they are every year to certifie into the Exchequer the Bond on pain of five pounds and the Oath on
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 lurn and deface such as they shall find in their custody but such as are of value in open Sessions and afterwards restored to the Owner 17. All the Armour Gunpowder and Ammunition of a Popish Recusant Convict shall be taken from him by Warrant from four Justices of the Peace at the General Sessions other then such Weapons as shall be allowed him by the said Justices for defence of his house against Thieves c. which Armour c. shall be kept at the costs of such Recusant in such places as the said Justices shall appoint and shewed at every Muster as his Arms together with his Horse which he shall buy provide and maintain for that purpose according to his ability as other Subjects do and the Recusant that refuseth to declare what Armour and Amunition he hath and deliver it to such persons as shall have power to seize it he shall forfeit the same to the King and by Warrant from any Justice of Peace of that County be imprisoned for three months without Bayle 1. By this Statute is set forth who shall give and who shall take the Oath of Allegiance and within what time and before whom a Barron or Barronness of or about eighteen years old shall take it See the Statute at large 2. If a Barron or Barronness stand Presented Indicted or Convicted of Recusancy three of the Privy Council whereof the Lord Chancellor Treasurer Privy Seal or Principal Secretary to be one shall minister to them the said Oath but if he be a convicted person under those degrees or if the Minister petty Constables or Churchwardens of any Parish or any two of them shall complain to any Justice of the Peace of any person suspected of Recusancy then the said Justice may in either of the said cases minister the said Oath and upon refusal commit the party to Prison there to remain until the next Assizes or Sessions where if he or she again refuse to take it they shall incur a Praemunire except Women Covert who shall onely be Imprisoned in this case and there remain without Bayl until they take the said Oath 3. None refusing the said Oath shall be capable of any Office of Judicature or other Office being no Office of Inheritance or Ministerial Function or to practise the Common Law Physick Chyrurgery the Art of Apothecary or any liberal Science for Gain 4. If a Married Woman be a convicted Recusant and do not conform within three months after conviction she shall be committed to Prison by a Privy Counsellor or the Bishop of the Diocess if she be a Baroness but if of a lower degree then she shall be committed by two Justices of Peace whereof one of the Quorum and there remain until she conform unless the Husband shall pay to the King for his Wives offence ten pounds for every month or yield a third part of all his Lands at the choice of such Husbands 5. None shall go himself or send any other person whatsoever beyond Sea to be trained up in Popery nor give any maintenance or relief to the party so sent or to any School or Relious house there on pain after conviction thereof to be made unable to prosecute any Suit in any Court of Equity to be Committee of any Ward Executor or Administrator and to be uncapable of any Legacy or Deed of Gift or bearing Office within this Realm And besides to forfeit all his Goods and Chattels and his Lands also during life but if he or she conform within six weeks after his or her return according to the Statutes of this Realm they shall not incur the said Penalties 1. By this Statute the Statute of 1. Jac. cap. 1. is to be put in due execution 2. None of the Kings Subjects shall pass or go or shall convey or send or cause to be conveyed or sent any Children or other person out of any the Kings Dominions into any parts beyond the Seas out of the Kings obedience to the intent to be resident and trained up in any Popish Society School or Family or 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 Children or person already gone or sent 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 on pain after conviction in the aforesaid cases to be disabled to Sue or use any Action Bill Plant or Information in Law or Prosecute any Suit in Equity c. As in the next precedent Statute here abstracted and abridged This is the Sum and substance of all the Statute-Laws against Jesuites Priests and Popish Recusants which for the benefit of my Countrey men I have abstracted out of the large Volumn of the Statute-Books and here brought them to this narrow compass but read them at large for thy better satisfaction Farewell FINIS Cabbala or the Secrets of State 1 Eliz. cap. 1. Forreign Potentate not to exercise power in the Queens Dominions Officers Temporal and Ecclesiastical Refusing the Oath Oath Penalty of maintaining any Forregn Potentates power c. Premunire is to be put out of the Kings protection and to forfeit all his Goods Chattels and all lands in Fee Co. 1. Justit f. 129. b. 130. a. Conviction Peer Witnesses 5. Eliz. cap. 1. Who may have Oyer and Terminer of these Offences Persons that must take the Oath of Supremacy Premunire Who have power to give the Oath Certificate of refusal Second offence Alms. When this Act is to be published and where Members of the Com. House Barons and Peers Second tender of the Oath Mass 13 Eliz. cap. 2. Bulls from Rome Comforters Maintainers Concealers Agnus Dei Crosses c. Justices of Peace Privy Counsel 23. Eliz. cap. 3 Withdrawing the Subjects from their obedience Aiders and maintainers Saying Masse Hearing Mass Forfeitures Covenous Grants 27. Eliz. cap. 2 Jesuites c. The receivers aiders c. Persons brought up in Seminaries beyond Sea Sending relief to such Seminaries Where the Offences are punishable Submission The penalty of knowing a Jesuite or Priest and concealing him Oaths Submissions c. to be certified Those that submit not to come to Court within ten years or within ten miles of it 29. Eliz. cap. 6 Grants of Papists Two parts of the Goods and third part of the Lands of Papists 35. Eliz. cap. 2 Papists after Conviction to repair to their dwellings Coppy-holder Papist Those that after Conviction will not repair to their dwellings c. shall abjure the Realm If he depart not he shall be a Fellon without Clergy Jesuite refusing to answer This Act not to extend to those that are urged by process of Law c. The effect of the submission Minister of the Parish is to enter submissions in a Book Married Women 1. Jac. cap. 1 The Ancestor dying a Papist the Heir being none c. Children or others sent beyond Sea to be trained in Popery Who may pass beyond Sea c. 3. Jac. cap. 4. Sacrament Forfeitures Presentments to be of the monthly absence of Papists from Church Officers Fees for presenting Recusants VVho have power to punish Recusants Recusants forfeitures after first Conviction for not coming to Church Conviction to be certified into the Exchequer Twenty pounds a month or two thirds of Recusants lands except the Mansion house c. Oath of Allegiance ☜ Premunire Women Covert Names to be subscribed Indictment not to be reversed for want of form Who shall go out of the Realm to serve a Forreign Prince Bond. Customers and Comptrollers of Ports to take Bonds Withdrawing Kings Subjects from their obedien●e High Treason Reconciliation Excommunicate Recusants Action against an Officer for doing his duty c. Wives Offence Oath of Allegiance Noble men Noble Women Warden of Cinque Ports 3. Jac. cap. 5. Entertaining a Popish Priest Mass Convicted Recusants not to come to Court on pain of an 100. l. Convict Recusants not to be in London or ten miles of it unless he be a Tradesman on pain of 100. l. Licence must be procured by a Recusant to go about his occasions c. No Convict Recusant may practice Law Physick c. or bear Office in any Castle c. Popish Recusant Convict or whose Wife is such may not bear Office c. What a married Woman being a Recusant Convict shall forfeit A Popish Recusant Convict shall be an Excommunicate Person to all intents till he conform Popish Recusant Convict must be married by a lawful Minister in open Church on pain of 100 l. Their Children to be Baptized by a lawful Minister on pain of an 100 l. They must be buried in the Church or in the Church-Yard on pain of 20 l. Who may go beyond Sea and upon what Licence c. The penalties of going beyond Sea c. without Licence Chancellor c. of both Universities shall present to the benefice of a Recusant Convict Convict Papist may not be Executor c. None may bring from beyond Sea or Print or Sell Popish Books c. Power to search Convict Papists Lodgings for Popish Books and Reliques The Armour of Recusants Convict to be secured and those that refuse to deliver them to be punished c. ● Jac. cap. 6. Oath of Obedidience Barrons and Barronesses convicted of Recusancy who may tender this Oath to them Who to a common person Premunire The penalty of refusing the Oath Lawyers c. refusing it A married woman convicted of Recusancy her penalty The penalty of going beyond Sea or sending any thither to be trained in Popery or sending relief to them 3. Car. l. cap. 2. The like penalty as in the next preceding Statute for sending or going beyond Sea to be trained in Popery c.
Person receiving the same shall incur a Praemunire but if the person to whom the tender is made apprehend the person tendring it and bring him before a Justice of Peace or being unable so to do shall within three dayes disclose his name and aboad or resort unto the Ordinary or some Justice of Peace within the same County or having received the same do within three dayes deliver it to some Justice of Peace he shall incur no prejudice by this Act. 4. The Justice of Peace shall disclose the Offences aforesaid to the Privy Counsel within fourteen dayes after notice to him upon pain of Praemunire 1. By this Statute it is high Treason to have or pretend to have power or to put in practice to absolve perswade or withdraw any person within the Queens Dominions from their natural Obedience to the Queen and her Successors or to withdraw them for that intent from the Religion now established to the Romish Religion and they also who shal be so withdrawn wilingly together with their Procurers and Counsellors shall be guilty of the same offence 2. Their aiders and maintainers who discover them not within ten dayes to some Justice of Peace or higher Officer shall be adjudged guilty of Misprision of Treason 3. None shall say or sing Mass on pain of two hundred Marks and suffer one years Imprisonment and not to be enlarged till the fine be paid And none shall hear Mass on pain of a years Imprisonment and an hundred Marks 4. There shall be a third part of these forfeitures to the Queen a third part to the poor of the Parish where the offence is committed and a third part to the Prosecutor 5. All covenous grants to avoid the Queens Interest or other persons that may claim by this Act or 13. Eliz. cap. 2. shall be adjudged void 1. By this Statute all Jesuites Seminary Priests or any Ecclesiastical persons born within the Queens Dominions and ordained or made such by the pretended Jurisdiction of the Sea of Rome which come into or remain in any of the said Queens Dominions shall be adjudged guilty of high Treason and their receivers aiders and maintainers knowing them to be such and at liberty shall be adjudged Fellons without benefit of Clergy 2. All others brought up in Seminaries beyond Sea and not as yet in Orders as aforesaid which do not within six months after Proclamation made in London in that behalf return into this Realm and within two dayes after their return before the Bishop of the Diocess or two Justices of the Peace of the County where they arrive submit themselves to the Queen and her Laws and take the Oath of Supremacy they shall be adjudged guilty of high Treason 3. They who give or send relief to any such Ecclesiastical Person or Seminary or to any brought up there as aforesaid shall incur a Praemunire 4. These Offences are to be heard and determined in the Kings Bench or in the County where they shall be committed or the Offender taken 5. This Act not to extend to any Jesuite c. as aforesaid who within three dayes after his arrival shall submit himself to some Arch-Bishop or Justice of Peace of the County where he lands and there takes the Oath of Supremacy and under his hand acknowledges to continue in obedience to her Majesties Laws 6. He that knows a Jesuite or Priest to remain within any the Queens Dominions and doth not within twelve dayes discover the same to some Justice of the Peace shall be fined and suffer Imprisonment during pleasure and the Justice of Peace that doth not within twenty eight dayes after disclose it to some of the Privy Council c. shall forfeit two hundred Marks 7. All Oaths and Submissions c. as aforesaid shall be certified into Chancery by the party before whom they are taken within three months on pain of an hundred pounds 8. None submitting as aforesaid shall within ten years after come within ten miles of the Court on pain to lose the benefit of his submission 1. By this Statute the Grants and Incumbrances or limitation to uses made by Papists not coming to Church according to the 23. Eliz. cap. 1. and which are revocable by the Offenders intended for his maintainance or in consideration whereof he and his Family are to be kept shall be void against the Queen c. to hinder her for the forfeiture of their not coming to Church or saying hearing or being at Mass but this Act is not to extend to Grants made Bona Fide nor to continue the seizure after the death of the Offender c. 2. The Queen may seize two parts of the Goods and two third parts of the Lands of such Popish Offenders as shall not after their Conviction pay into the Exchequer twenty pounds a month 1. By this Act all Popish Recusants above sixteen years Old shall within forty days after their Conviction repair to their usual dwelling and not remove above five miles from thence on pain to forfeit all their Goods and Lands and Annuities during life and if they have no certain aboad they are to repair where they were born or where their Fathers and Mothers dwell and within twenty days after their arrival there to give in their Names to the Constables Headborroughs and Minister and the Minister is to keep a Book of their names and he and the said Constables and Headborroughs to certifie the same to the quarter Sessions c. 2. A Coppy-holder in this case shall forfeit his Estate for life if it continue so long to the Lord of the Mannor if no Recusant Convict or seized or possessed to the use of a Recusant but if so then the Queen c. shall have it 3. A Popish Recusant being no feme Covert nor having Lands worth twenty marks per annum or goods worth forty pounds which within the time above limited doth not repair to the place of his aboad or doth depart above five miles thence or within three months after his arrival there doth not make the submission following hereafter being required so to do by the Bishop a Justice of Peace or the Minister there shall before two Justices of the Peace or the Coronor abjure the Kingdom which abjuration they are to certifie to the next Assizes or Goal-delivery 4. If the Popish Recusant depart not the Realm within rhe time limited by the said Justices or Coronor or return without the Queens Licence he shall be adjudged a Fellon without benefit of Clergy 5. A Jesuite or Priest refusing to answer shall be committed to Prison till he answer c. and this Act is not to restrain any Recusant urged by process of Law without fraud to travel without the said limits of five miles so that he return in convenient time nor shall it restrain him that is compelled by Law to
pain of twenty shillings 13. To absolve or withdraw the Kings Subjects from their Natural Obedience to reconcile them to the Sea of Rome or to move them to promise it c. or to be absolved withdrawn reconciled or make promise as aforesaid is high Treason 14. This Clause of Reconcilement as to the point of reconcilement only shall not extend to any that shall return into the Realm and within six weeks after shall before the Bishop c. submit himself to the King and his Laws and take the Oaths of Supremacy and Allegiance 15. The Sheriff upon a lawful Writ may justifie to break a house for taking an Excommunicate Recusant 16. If an Action be brought against an Officer for execution of this Act he may plead the General Issue and give the special matter in evidence 17. None shall be punished for his Wives offence nor shall a married Woman be chargeable with any penalty or forfeiture by force of this Act. 18. Six of the Privy Counsel whereof the Chancellor Treasurer or Principal Secretary to be one may minister the Oath of Allegiance to any Noble Man or Noble Woman unmarried of or above eighteen years of age and if they refuse it they incur a Praemunire 19. The Warden of the Cinque-Ports or some by his appointment shall take the Bond and minister the Oath aforesaid to any person passing beyond Sea out of them i. e. the Cinque-Ports or any of their Members 1. By this Statute He that within three dayes notice discovers to a Justice of Peace any that entertains a Popish Priest or any that have heard or said Mass shall have a third part of the forfeiture due for the said offences if the whole exceed not an hundred and and fifty then onely fifty pounds thereof to be paid him by the Sheriff who shall leavy the same 2. No Convicted Recusant shall come into Court without command from the King or Warrant from the Privy Counsel under their hands on pain of an hundred pounds one moiety to the King the other to the Discoverer 3. A Popish Recusant Convict or Indicted for not coming to Church for three months together and remaining in London or within ten miles distance shall within ten days after such Conviction or Indictment depart thence and shall deliver their names if in London to the Lord Mayor there and if in the Countrey to the next Justice of the Peace on pain of an hundred pounds to be divided between the King and the Prosecutor but this is not to extend to Tradesmen that have no other habitation in or within ten miles of London 4. A Recusant may go about his own occasions by Licence from the King or three Privy Counsellors under their hands or four Justices of Peace under their hands and Seals with the assent in writing of the Bishop Lievtenant or Deputy Lievtenant of the same County notwithstanding the Statute of 35. Eliz. cap. 2. which Licence is not to be granted by the said Justices till the party makes Oath of the true reason of his Journey and that he will make no needless stay 5. No Convicted Recusant shall practice the Common Law Civil Law Physick or the Art of the Apothecary or be an Officer of or in any Court or bear any Office among Souldiers or in a Ship Castle or Fortress on pain of an hundred pound to be divided between the King and the Prosecutor 6. No Popish Recusant Convict or whose Wife is a Popish Recusant Convict shall exercise any publick Office in the Common Wealth by himself or his Deputy unless he bring up his Children in the true Religion and together with his Children and Servants repair to the Church and receive the Sacraments as the Law requires 7. A married Woman being a Popish Recusant Convict her Husband being none that doth not conform her self as aforesaid by the space of one whole year before her Husbands death shall forfeit two thirds of her Dower or Joynter and shall be uncapable of being Executrix or Administratrix to her Husband or enjoying any part of his Goods 8. A Popish Recusant after Conviction shall be to all intents reputed as a person Excommunicate until he conform and take the Oath of Obedience or Allegiance ordained by 3. Jac. 4. Yet he may sue for his Interest in Lands not seized into the Kings hands 9. A Popish Recusant Convict married otherwise then in open Church by a lawful Minister according to the Church of England shall not be Tenant by the Curtesie A Woman also in this case shall lose her Dower Joynture Widdows Estate and all her Husbands Goods and where a Man cannot be Tenant by the Curtesie he shall forfeit an hundred pounds to be divided between the King and Prosecutor 10. Every Popish Recusant within a month after the Birth of his Child shall cause it to be Baptized by a lawful Minister on pain of an hundred pounds if he outlive the month if not his Wife is to pay the forfeiture the King to have one third part the Prosecutor another and the poor of the Parish the third 11. Every Popish Recusant is to be Buried in the Church or Church-Yard according to the Church-Laws of this Realm on pain that his Executor Administrator or the party that causes him to be otherwise buried pay twenty pounds to be divided as next aforesaid 12. A Child being no Souldier Marriner Merchant or Apprentice or Factor to a Merchant shall not be sent or go beyond Sea without the Kings Licence or six of the Privy Council the principal Secretary being one on pain thereby to be incapable to injoy any Lands or Goods by Descent or Grant until being eighteen years of age or above he take the Oath of Obedience before some Justice of Peace of the County where his Parents do or did dwell And in the mean time the next of Kin being no Papist shall injoy his Lands and Goods but shall be accomptable to the other in case he afterwards conform as aforesaid and he that so goes out of the Realm shall forfeit an hundred pounds to be divided as aforesaid 13. A Popish Recusant Convict shall be disabled to present to a Benefice but in his stead the Chancellor and Schollars of the Universities of Cambridge and Oxford shall present within several Counties respectively as by this Act is at large set forth 14. A Popish Recusant Convict shall not be an Executor Administrator or Guardian 15. None shall bring from beyond Sea Print Sell or Buy any Popish Primmars Ladies Psalters Manuals Rosaries Portals Legends or Lives of Saints in what Language soever they shall be Printed or Written nor any other Superstitious Books written in the English Tongue one pain to forfeit forty shillings for every such book to be divided as aforesaid 16. Two Justices of Peace and all Mayors Bayliffs and Head-Officers have power to search