One knowing a jesuit or

realm, and

ing it to a justice of peace.

Skinner 369.

not pass out of this realm by the time herein limited without imminent danger of life, and this understood as well by the corporal oath of the party as by other good means, unto the bishop of the diocese and two justices of peace of the same county where such person or persons do dwell or abide; that then, and upon good and sufficient bond of the person or persons, with sureties, of the sum of two hundred pounds at the least, with condition that he or they shall be of good behaviour towards our sovereign lady the queen and all her liege people, then he or they so licensed and doing as is aforesaid, shall and may remain and be still within this realm, without any loss or danger to fall on him or them by this act, for so long time as by the same bishop and justices shall be limited and appointed, so as the same time of abode exceed not the space of six months at the most: and that no person or persons shall sustain any loss, or incur any danger by this act, for the receiving or maintaining of any such person or persons so licensed as is aforesaid, for and during such time only as such person or persons shall be so licensed to tarry within this realm; anything contained in this act to the contrary notwithstanding.

XIII. And be it also further enacted by authority aforesaid, that priest to re- every person or persons, being subjects of this realm, which after main in the the said forty days shall know and understand that any such jesuit, not discover- seminary priest, or other priest abovesaid, shall abide, stay, tarry or be within this realm or other the queen's dominions and countries, contrary to the true meaning of this act, and shall not discover the same unto some justice of peace or other higher officer, within twelve days next after his said knowledge, but willingly conceal his knowledge therein; that every such offender shall make fine, and be imprisoned at the queen's pleasure: and that if such justice of peace, or other such officer to whom such matter shall be so discovered, do not within eight and twenty days then next following give information thereof to some of the queen's privy council, or to the president or vice president of the queen's council established in the north, or in the marches of Wales for the time being: that then he or they so offending shall for every such offence forfeit the sum of two hundred marks.

All oaths,

bonds and

XIV. And be it likewise enacted by the authority aforesaid, that such of the privy council, president or vice president, to whom such information shall be made, shall thereupon deliver a note in writing, subscribed with his own hand, to the party by whom he shall receive such information, testifying that such information was made unto him. XV. And be it also enacted, that all such oaths, bonds and subsubmissions missions, as shall be made by force of this act, as aforesaid, shall be certified into certified into the chancery by such parties before whom the same the chancery shall be made, within three months next after such submission, upon pain to forfeit and lose for every such offence one hundred pounds of lawful English money; the said forfeiture to be to the queen, her heirs and successors:

None submitting himself shall

come within

ten miles of the queen.

XVI. And that if any person so submitting himself, as aforesaid, do at any time within the space of ten years after such submission made, come within ten miles of such place where her majesty shall be, without special licence from her majesty in that behalf to be

obtained in writing under her hand; that then and from thenceforth such person shall take no benefit of his said submission, but that the same submission shall be void as if the same had never been. [Further provided for by 35 Eliz. cap. 2, 1 Jac. 1, cap. 4, 3 Jac. 1, c. 5.]

made in the

beth shall be

tion.

heir shall be

2 JAMES 1, CAP. 4.—An act for the due execution of the statutes against jesuits, seminary priests, recusants, &c.-For the better and Statutes more due execution of the statutes heretofore made, as well against reign of jesuits, seminary priests, and other such like priests, as also against queen Eliza all manner of recusants; be it ordained and enacted by authority of put in executhis present parliament, that all and every the statutes heretofore In what case made in the reign of the late queen of famous memory, Elizabeth, as a recusant's well against jesuits, seminary priests and other priests, deacons, charged, in religious and ecclesiastical persons whatsoever, made, ordained or what not. Going into professed, or to be made, ordained or professed, by any authority or seminaries. jurisdiction derived, challenged or pretended from the see of Rome, 1 lit. c. 1. as those which do in anywise concern the withdrawing of the king's 5 Eliz. c. 1. subjects from their due obedience, and the religion now professed, 23 Eliz. c. 1. and the taking of the oath of obedience unto the king's majesty, his 27 Eliz. c. 2. heirs and successors, together with all those made in the said late 35 Eliz. c.1.2. queen's time, against any manner of recusants, shall be put in due 2 Bulstr. 324. and exact execution.

3

C.

13 Eliz. c. 2.

29 Eliz. C. 6,

ed.

466.

II. Provided nevertheless, and be it enacted by the authority of A recusant conforming this present parliament, that if any that is or shall be a recusant shall himself shall submit or reform him or herself, and become obedient to the laws be discharg and ordinances of the church of England, and repair to the church, Raym 465, and continue there during the time of the divine service and sermons, according to the true meaning of the statutes in that behalf, in the said late queen's time made and provided, that then every such person for and during such time as he or she shall so continue in such conformity and obedience, shall from thenceforth be freed and discharged of and from any the penalties and losses which the same person might otherwise sustain and bear in respect or by reason of such person's recusancy.

III. And if any recusant shall hereafter die, his heir being no recusant, that in every such case, every such heir shall be freed and discharged of all and singular the penalties, charges and incumbrances, happening upon him or her in respect or by reason of his or her ancestor's recusancy: and if at the decease of any such recusant, his heir shall happen to be a recusant, and after shall become comfortable and obedient to the laws and ordinances of the church of England, and repair to the church, and continue there during the time of the divine service and sermons, according to the intent and true meaning of the said statutes and ordinances in that behalf made as is aforesaid, and also shall take the oath of supremacy in such sort as that oath is expressed in one act of parliament made in the first year of the reign of our late sovereign lady queen Eliza- 1 Eliz, c. 1. beth, before the archbishop or bishop of the diocese; that in every such case, every such heir shall be freed and discharged of all and singular the penalties, charges and incumbrances, happening upon him or her in respect or by reason of any of his or her ancestor's

recusancy.

A recusant's heir within age at the

time of his ancestor's death.

A third part of his living

shall remain

clear to a recusant.

29 Eliz. c. 6.

IV. Provided always, and be it enacted by authority of this present parliament, that if the heir of any recusant shall happen to be within the age of sixteen years at the time of the decease of his or her ancestor, and shall after his or her said age of sixteen years, become or be a recusant, that in every such case, any such heir shall not be freed or discharged of all or any of the penalties, charges and incumbrances happening upon him or her in respect or by reason of any of his or her ancestor's recusancy, until he or she shall submit or reform him or herself, and become obedient to the laws and ordinances of the church of England, and repair to the church, and continue there during the time of the divine service and sermons, according to the intent and true meaning of the said statutes and ordinances in that behalf as is aforesaid, and shall take the said oath of supremacy in manner and form afore expressed: and yet nevertheless, from and after such submission and oath had and taken, every such heir shall be freed and discharged of all and singular the penalties, charges and incumbrances happening upon him or her in respect or by reason of any of his or her ancestor's recusancy.

V. And be it further enacted by authority of this present parliament, that where any seizure shall be had of the two parts of any lands, tenements, hereditaments, leases or farms, for the not payment of the twenty pounds, due and payable for each month, according to the statute in that case lately made and provided; that in every such case, every such two parts shall, according to the extent thereof, go towards the satisfaction and payment of the twenty pounds due and payable for each month, and unpaid by any such recusant: and that the third part thereof shall not be extended or seized by the king's majesty, his heirs or successors, for not payment of the said twenty pounds payable for each month forfeited or lost by any such recusant: and where any such seizure shall be had of the two parts of the lands, tenements, hereditaments, leases or farms of any such reculands, after sant as is aforesaid, and such recusant shall die, (the debt or duty, shall remain by reason of his recusancy, not paid, satisfied or discharged) that in in the king's every such case, the same two parts shall continue in his majesty's he be satisfi- possession, until the residue or remainder of the said debt or duty be thereby or otherwise paid, satisfied or discharged: and that his majesty, his heirs or successors, shall not seize or extend any third part descending to any such heirs or any part thereof, either by reason of the recusancy of his or her ancestor, or of the recusancy of any such heir.

The two parts of a recusant's

his death

hands until

ed of the arrearages.

None shall go or send

any other to a seminary, 3 Jac. 1, c. 5.

&c.

VI. And be it further enacted by the authority of this present parliament, that all and every person and persons under the king's obedience, which at any time (after the end of this session of parliament) shall pass or go, or shall send or cause to be sent, any child, or other person under their or any of their government, into any the parts beyond the seas, out of the king's obedience, to the intent to enter into, or to be resident in any college, seminary or house of jesuits, priests or any other popish order, profession or calling whatsoever, or repair in or to any the same, to be instructed, persuaded or strengthened in the popish religion, or in any sort to profess the Further pro- same; every such person so sending or causing to be sent, any child or other person, beyond the seas to any such purpose or intent, shall

sisions relating hereto,

s. 1.

for every such offence forfeit to his majesty, his heirs and successors, 3 Car. 1, c. 2, the sum of one hundred pounds and every such person so passing or being sent beyond the seas to any such intent or purpose as is aforesaid, shall by authority of this present act, as in respect of him or herself only, and not to or in respect of any of his heirs or posterity, be disabled and made incapable to inherit, purchase, take, have or enjoy any manors, lands, tenements, annuities, profits, commodities, hereditaments, goods, chattels, debts, duties, legacies or sums of money, within this realm of England, or any other his majesty's dominions and that all and singular estates, terms, and other interests whatsoever hereafter to be made, suffered or done, to or for the use or behoof of any such person or persons, or upon any trust or confidence, mediately or immediately, to or for the benefit or relief of any such person or persons, shall be utterly void and of none effect, to all intents, constructions and purposes.

in seminaries

s. 4.

VII. And be it further enacted by the authority aforesaid, that if They who be any person born within this realm or any the king's majesty's shall return. dominions, be at this present in any college, seminary, house or 27 Eliz. c. 2. place in any parts beyond the seas, to the end to be instructed or strengthened in the popish religion, which shall not make return into this realm, or some of his majesty's dominions, within one year next coming after the end of this session of parliament, and submit himself as is aforesaid, shall be in respect of himself only, and not Explained by 3 G. 1, c. 18, to or in respect of any of his heirs or posterity, utterly disabled and incapable to inherit, have or enjoy any manors, lands, tenements, hereditaments, goods, chattels, debts, or other things aforesaid, within this realm or any other his majesty's dominions. Provided A remedy for always, that if any such person or child so passing, sent, sending, or return into now being, beyond the seas as aforesaid, to such intent as is before the realm, mentioned, shall after become conformable, and obedient unto the conformable laws and ordinances of the church of England, and shall repair to to the laws. the church, and there remain and be as is aforesaid, and continue in such conformity, according to the true intent and meaning of the said statutes and ordinances; that in every such case every such person and child, for and during such time as he or she shall so continue in such conformity and obedience, shall be freed and discharged of all and every such disability and incapacity as is before mentioned.

such as do

and become

child shall pass over the

licence.

VIII. And be it further enacted by the authority of this present No woman or parliament, that no woman, nor any child under the age of one and twenty years (except sailors or ship boys, or the apprentice or factor seas without of some merchant in trade or merchandize) shall be permitted to 3 Jac. 1, c. 5. pass over the seas (except the same shall be by licence of the king, his heirs or successors, or of some six or more of the king's privy council, thereunto first had under their hands) upon pain that the officers of the port that shall willingly or negligently suffer any such so to pass, or shall not enter the names of such passengers licensed, shall forfeit his office, and all his goods and chattels; and upon pain The forfeitthat the owner of any ship or vessel that shall wittingly or willingly who do suffer carry any such over the seas without licence as is aforesaid, shall them to pass. forfeit his ship or vessel and all the tackle: and every master or 11 & 12 W. 3, mariner of or in any such ship or vessel offending as aforesaid, shall c. 4.

ure of those

Altered by

The forfeit

ure for being

contrary to

this act. Carthew 464.

visions relat

3 Jac. 1, c. 4

forfeit all their goods, and suffer imprisonment by the space of twelve months, without bail or mainprize.

IX. And be it further enacted by the authority aforesaid, that or keeping a no person after the feast of Saint Michael the archangel next shall schoolmaster keep any school, or be a schoolmaster, out of any the universities or colleges of this realm, except it be in some public or free grammar 1 Ventr. 41. school, or in some such nobleman's or noblewoman's, or gentleman's Further pro- or gentlewoman's house, as are not recusants, or where the same ing hereto schoolmaster shall be specially licensed thereunto by the archbishop, 1 Jac. 1. c. 4. bishop or guardian of the spiritualties of that diocese; upon pain that as well the schoolmaster, as also the party that shall retain or maintain any such schoolmaster contrary to the true intent and And see 16 meaning of this act, shall forfeit each of them for every day so wittingly offending, forty shillings. The one half of all the penalties and sums of money before mentioned to be forfeited, to be to the king, his heirs and successors, the other to him or them that shall or will sue for the same, in any the courts of record in Westminster, by action of debt, bill, plaint or information, in which no essoin, protection or wager of law shall be allowed.

& 5.

7 Jac. 1, c. 6. 25 Car. 2, c. 2.

Geo. 2, c. 30.

12 ANNE, STAT. 2, CAP. 14.—An act for rendering more effectual an act made in the third year of the reign of king James the first, intituled an act to prevent and avoid dangers which may grow by popish recusants; and also of one other act made in the first year of the reign of their late majesties king William and queen Mary, intituled an act to vest in the two universities the presentations of benefices belonging to papists; and for vesting in the lords of justiciary power to inflict the same punishments against jesuits, priests and other trafficing papists, which the privy council of Scotland was empowered to do by an act passed in the parliament of Scotland, intituled an act for preventing the growth of popery.-See Title-" PAPISTS."

10 GEORGE 4, CAP. 7, SECS. 28-31.—An act for the relief of his majesty's Roman catholic subjects.—See Title-" ROMAN CATHOLIC RELIEF."

7 & 8 VICTORIA, CAP. 102.-An act to repeal certain penal enactments made against her majesty's Roman catholic subjects.—See Title"UNIFORMITY OF SERVICE."

9 & 10 VICTORIA, CAP. 59.-An act to relieve her majesty's subjects from certain penalties and disabilities in regard to religious opinions.~ See Title- UNIFORMITY OF SERVICE."

SPACE LEFT,

FOR REFERENCE, IF NECESSARY,

TO ACTS OF PARLIAMENT PASSED SUBSEQUENT TO A. D. 1846.