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Religion and Ecclesiastical Authority. [Part V. No. XLVII. X. Provided always, That every person guilty of any offence against 23 Elizabeth,

this Statute, other than Treason and misprision of Treason, which shall,

before he be thereof indicted, or at his arraignment or trial before judgc. ).

ment, submit and conform himself before the Bishop of the diocese where

he shall be resident, or before the Justices where he shall be indicted, A Remedy for arraigned or tried, (having not before made like submission at any his a guiltyPerson trial, being indicted for his first like offence) shall upon his recognition of conforming hinself.

such submission in open Assizes or Sessions of the county where such persons shall be resident, be discharged of all and every the said offences against this Act, (except Treason and misprision of Treason) and of all

pains and forfeitures for the same. Who shall have

XI. And be it likewise enacted, That all forfeitures of any sums of the Money for- money limited by this Act, shall be divided in three equal parts, whereof feited by this

one third part shall be to the Queen's Majesty to her own use, one other Statute.

third part to the Queen's Majesty for relief of the poor in the parish where the offence shall be committed, to be delivered by warrant of the principal Officers in the receipt of the Exchequer without further warrant from her Majesty; and the other third part to such person as will sue for the same in any Court of Record, by action of debt, bill, plaint or in

formation; in which suit no essoin, protection, or wager of law, shall be He shall be allowed: And that every person which shall forfeit any sums of money imprisoned by virtue of this Act, and shall not be able, or shall fail, to pay the same that is not able within three months after judgment thereof given, shall be committed to or doth not pay prison, there to remain until he have paid the said sums, or conform himthe Forfeiture. self, or go to Church, and there do as is aforesaid. Service in a XII. Provided also, That every person which usually on the Sunday Man's private shall have in his or her house, the Divine Service which is established by House.

the Law of this Realm, and be thereat himself or herself usually or most
commonly present, and shall not obstinately refuse to come to Church,
and there to do as is aforesaid, and shall also four times in the year at
the least be present at the Divine Service in the Church of the parish
where he or she shall be resident, or in some other open common Church
or such Chapel of Ease, shall not incur any pain or alty limited by
this Act for not repairing to Church.

(XIII, Fraudulent Assurances to defeat forfeituros.]
[XIV. Trial of a Peer by his Peers.]
(XV. Ecclesiastical Censures.]

[ No. XLVIII. ] 27 Elizabeth, c. 2.-An Act against

Jesuits, Seminary Priests, and other such like disobedient personis.

[ No. XLIX. ] 29 Elizabeth, c. 6.-An Act for the more

speedy and due Execution of certain Branches of the
Statute made in the twenty-third Year of the Queen's
Majesty's Reign, intituled, " An Act to retain the Queen's
Majesty's Subjects in their due Obedience.

( No. L. ] 31 Elizabeth, c. 6.-An Act against Abuses in Election of Scholars, and Presentation to Benefices.

[Inserted Pt. I. Cl. II.]

[ No. LI. ] 35 Elizabeth, c. 1.-An Act to retain the Queen's

Majesty's Subjects in their due Obedience.

No. LII. [ No. LII. ] 35 Elizabeth, c. 2.-An Act for restraining 35Elizabeth, Popish Recusants to some certain Places of Abode.

c. 2.

[ No. LIII. ] 1 James I. c. 4.-An Act for the due Execu

tion of the Statutes against Jesuits, Seminary Priests, Recusants, &c.

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[ No. LIV.] 3 James I. c. 4.- An Act for the better dis- P.

covering and repressing of Popish Recusants. FORASMUCH as it is found by daily experience, that many his

Majesty's subjects that adhere in their hearts to the Popish religion, by the infection drawn from thence, and by the wicked and devilish counsel of Jesuits, Seminaries, and other like persons dangerous to the Church and State, are so far perverted in the point of their loyalties and due allegiance unto the King's Majesty, and the Crown of England, as they are ready to entertain and execute any treasonable conspiracies and practices, as evidently appears by that more than bar

barous and horrible attempt to have blown up with gun-powder the • King, Queen, Prince, Lords and Commons in the House of Parliament * assembled, tending to the utter subversion of the whole State, lately ' undertaken by the instigation of Jesuits and Seminaries, and in advance'ment of their religion, by their Scholars taught and instructed by them

to that purpose, which attempt by the only goodness of Almighty God was • discovered and defeated: And where divers persons popishly affected, do nevertheless, the better to cover and hide their false hearts, and with the more safety to attend the opportunity to execute their mischievous designs, repair sometimes to Church, to escape the penalty of the Laws • in that behalf provided.'

• X. And whereas by an Act made in the Session of Parliament holden The Statute of ‘by prorogation at Westminster in the three and twentieth year of the

23 Eliz, c, 1. reign of the late Queen Elizabeth, intituled, An Act to retain the Subjects touching a

Recusant's of the said late Queen in their due Obedience. It was amongst other things enacted by authority of the said Parliament, That every person feiture.

monthly Forabove the age of sixteen years, which should not repair to some Church, Chapel, or usual place of Common Prayer, but forbear the same contrary to the tenor of a Statute made in the first year of the reign of the said late Queen, for uniformity of Common Prayer, and being thereof 1 Eliz. c. 2. • lawfully convicted, should forfeit to the said Queen, for every month

after the end of the Session of Parliament which he or she should so • forbear, twenty pounds of lawful English money, as in and by the said • Act of Parliament more at large appeareth:

• XI. And whereas afterward by another Act of Parliament of the said How by the Queen, it was further enacted by the authority of the said Parliament Statute of (amongst other things) how and when the said payments of the said 29 Eliz. c. 6. twenty pounds should be made, and that if default should be made in the Queen

any part of any payment of the said twenty pounds, contrary to the should recover form in the said last specified Statute limited, that then and so often the Forfeitures

due to her by • said Queen should and might by process out of her Highness' Exchequer

Recusants. • take, seize and enjoy all the goods, and two parts as well of all the • lands, tenements and hereditaments, leases and farms, of such Offenders, • as of all other the lands, tenements and hereditaments liable to such seizure or to the penalties aforesaid by the true meaning of the said Act of Parliament, leaving the third part only of the same lands, tenements

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* See Notes to stat. 23 Eliz, c. 1, suprà.

c. 4.

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No. LIV. • and hereditaments, leases and farms, to and for the maintenance and 3 James I.

relief of the same Offender, his wife, children and family, as in and by • the last specified Statute more at large also may appear: Now foras' much as the said penalty of twenty pounds monthly is a greater burden * unto men of small living, than unto such as are of better ability, and * do refuse to come unto Divine Service, as aforesaid, who rather than they will have two parts of their lands to be seized, will be ready always to pay the said twenty pounds according to the limitation of the said Statutes, and yet retain the residue of their livings and inheritance in their own hands, being of great yearly value, which they do for the most part employ (as experience hath taught) to the maintenance of superstition and Popish religion, and to the relief of Jesuits, Seminaries, Popish Priests, and other dangerous persons to the State; Therefore to

the intent that hereafter the penalty for not repairing to Divine Service • might be inflicted in better proportion upon men of great ability;' Be it

enacted by the authority of this present Parliament, That the King's The King may Majesty, his heirs and successors, shall from and after the Feast of Št. refuse 201. a

Michael the Archangel next coming after the end of this Session of Month, and

Parliament, have full power and liberty to refuse the penalty of twenty take two Parts of a Recusant's pounds a month, though it be tendered ready to be paid according to the Lands.

Law, and thereupon to seize and take to his own use, and the uses, intents and purposes hereafter limited, two parts in three parts to be divided, as well of all the "lands, tenements and hereditaments, leases and farms that at the time of such seizure shall be, or afterwards shall come to any of the said Offenders in not coming to Church, or any other to his or her use, or in trust for him or her, or at his or her disposition, or whereby or wherewith, or in consideration whereof, such Offender or his family, or any of them, shall be relieved, maintained or kept, as of all other lands, tenements, and hereditaments in any wise or at any time liable to such seizure, or to the Penalties aforesaid, and the same to retain to his own and other uses, intents, and purposes hereafter in this Act appointed, till every such Offender shall conform him or herself respectively as afore said, in lieu and full recompence of the twenty pounds monthly, that during his such seizure and retainer shall incur; any thing in the said

Statutes, or any of them, or any other Statute, to the contrary, in any wise Saving the notwithstanding: Saving to our Sovereign Lord the King's Majesty, his right of others. heirs and successors, and all and every Person and Persons, Bodies Poli

tick and Corporate, their heirs and successors, (other than the said Offender, his or her heirs, and all claiming to his or their use, or in trust for him or them, or 'at his or their will or disposition) all and all manner of leases, rents, conditions, and other rights and titles whatsoever had, made, and

done, bona fide, and without fraud and covin, before such seizure. A Recusant's XII. Provided always, and be it enacted by the authority aforesaid, Mansion- That the King's Majesty, his heirs and successors, shall not take into his two house shall be parts, but leave to such Offender, his chief Mansion-house, as part of his reserved to

third part, and shall not demise, lease, nor put over the said two parts, him. The

nor any part thereof, to any Recusant, nor to or for the use of any King's two Parts shall not

Recusant: And that whosoever shall take the same in lease, or otherwise, be demised to

of his Majesty, his heirs and successors, shall give such security not to a Recusant.

commit, nor suffer waste to be committed, in or upon any the said Premises, as by the Court of Exchequer shall be allowed sufficient.

XXVII. 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 Church, Chapel, or some other usual place appointed for Common Prayer, and

there hear Divine Service according to the Statute made in that behalf, in 1 Eliz. c. 2.

the first year of the reign of the late Queen Elizabeth, That then it shall and may be lawful to and for any one Justice 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 Justice of No. LIV. Peace, that it shall be lawful for the said Justice of Peace to give warrant to the Churchwarden of the said parish, wherein the said party shall dwell,

3 James I. under his hand and seal, to levy twelvepence for every such default, by

c. 4. distress and sale of the goods of every such Offender, rendering to the said Offender the overplus of the money raised of the said goods so to be Forfeiture for sold: And that in default of such distress, it shall and may be lawful for not repairing the said Justice of Peace to commit every such Offender to some Prison to Church within the said shire, division, limit, or liberty, wherein such Offender shall weekly. be inhabiting, until payment be made of the said sum or sums so to be forfeited: which forfeiture shall be employed 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.

XXVIII. Provided, That no Man be impeached upon this Clause, except he be called in question for his said default within one month next after the said default made.

[ No. LV.) 3 James I. c. 5.-An Act to prevent and avoid Dangers which grow by Popish Recusants.

[Part of this Act, Vol. I. p. 45.]

[ No. LVI. ] 7 James I. c. 6.- An Act for administering

the Oath of Allegiance, and Reformation of Married Women Recusants.

[ No. LVII. ] 3 Charles I. c. 2.-An Act for the further

Reformation of sundry Abuses committed on the Lord's
Day, commonly called Sunday.

[Inserted Pt. VI. CI. XXIV.]

[ No. LVIII.] 16 Charles I. c. 11.-A Repeal of the

Branch of a Statute Primo Elizabetha, concerning Commissioners for Causes Ecclesiastical.

[ No. LIX. ] 13 Charles II. stat. 2. c. 1.-An Act for the well governing and regulating of Corporations.

[Inserted Pt. I. Cl. IV. No. IV.]

[ No. LX. ] 13 and 14 Charles II. c. 1.-An Act for pre

venting the Mischiefs and Dangers that may arise by certain Persuns called Quakers, and others, refusing to take lawful Oaths.

[Repealed 52 Geo. III. c. 155.]

[ No. LXI. ] 13 and 14 Charles II. c. 4.–An Act for the

Uniformity of Public Prayers, and Administration of Sacraments, and other Rites and Ceremonies: And for establishing the Form of Making, Ordaining, and Consecrating Bishops, Priests, and Deacons, in the Church of England.

[Inserted Pt. I. CI. II. No. 9.]

No. LXII. | No LXII. ] 16 Charles II. c. 4.-An Act to prevent and 16 Car. II.

suppress seditious Conventicles.

[Passed for three Years.]

C. 4.

[ No. LXIII. ] 17 Charles II. c. 2.- An Act for restraining Non-conformists fronı inhabiting in Corporations.

[Repealed 52 Geo. III. c. 155.)

[ No. LXIV.) 22 Charles II. c. 1.-An Act to prevent

and suppress seditious Conventicles.

[Repealed 52 Geo. III. c. 155.]

P [ No. LXV. ] 25 Charles II. c. 2.-An Act for preventing

Dangers which may happen from Popish Recusants.* . FOR preventing dangers which may happen from Popish Recusants and

quieting the minds of his Majesty's good subjects; Be it enacted by the King's most Excellent Majesty, by and with the advice and consent of

the Lords Spiritual and Temporal, and the Commons, in this present ParAll Persons

liament assembled, and by authority of the same, That all and every that bear any Person or Persons, as well Peers as Commoners, that shall bear any Office, Offices or

or Offices Civil or Military, or shall receive any Pay, Salary, Fee or Wages, Places, &c. must take the by reason of any Patent or Grant from his Majesty, or shall have ComOaths of Alle- mand or Place of Trust from or under his Majesty, or from any of his giance and Su- Majesty's Predecessors, or by his or their authority, or by authority de premacy, and rived from him or them, within the Realm of England, Dominion of the following Wales, or Town of Berwick upon Tweed, or in his Majesty's Navy, or in Oaths, &c. the several Islands Jersey and Guernsey, or shall be of the Houshold, or in

the Service or Imployment of his Majesty, or of his Royal Highness the Duke of York, who shall inhabit, reside, or be within the City of London

or Westminster, or within thirty miles distant from the same, on the first When and day of Easter Term that shall be in the year of our Lord one thousand six where to ap

hundred seventy-three; or at any time during the said Term, alt and every pear and make the said Person and Persons shall personally appear before the end of the Oath.

said Term, or of Trinity Term next following, in his Majesty's High Court of Chancery, or in his Majesty's Court of King's Bench, and there in public and open Court, between the hours of nine of the clock and twelve of the Forenoon, take the several Oaths of Supremacy and Allegiance (which Oath of Allegiance is contained in the Statute made in the third year of King James) by Law established; and during the time of the taking

thereof by the said Person and Persons, all Pleas and Proceedings in the This Act ex.

said respective Courts shall cease; and that all and every of the said tended to De- respective Persons and Officers, not having taken the said Oaths in the said puties by 1 Geo.1. st. 2. c.

respective Courts aforesaid, shall on or before the first day of August one 13. $ 18.

thousand six hundred seventy-three, at the Quarter Sessions for that County or Place where he or they shall be, inhabit, or reside, on the

twentieth day of May, take the said Oaths in open Court between the said To receive the hours of nine and twelve of the clock in the Foreņoon; and the said Sacrament ac- respective Officers aforesaid shall also receive the Sacrament of the Lord's cording to the Supper, according to the usage of the Church of England, at or before the

first day of August in the year of our Lord one thousand six hundred and Church of England.

seventy-three, in some Parish Church, upon some Lord's Day, commonly

called Sunday, immediately after Divine Service and Sermon. All Persons to

II. And be it further enacted by the authority aforesaid, That all and be admitted in

every Person or Persons that shall be admitted, entred, placed, or taken to any Oflice,

Office or Offices Civil or Military, or shall receive any Pay, any

into &c. after the

* Usually called the Test Act,

usage of the

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