the common shall take upon him or them, or have been or shall be admitted to Officers at any ministry or office, in, at or belonging to the common law, or any law. other law or laws, of, to or for the execution of them, or any of them, Officer of used or allowed, or at any time hereafter to be used or allowed any court. within this realm or any of the dominions or countries belonging, or which hereafter shall happen to belong, to the crown or dignity of the same; and all other officers or ministers of or towards any court whatsoever, and every of them, shall take and pronounce a corporal oath upon the Evangelists, before he or they shall be admitted, allowed or suffered to take upon him or them, to use, exercise, supply or occupy any such vocation, office, degree, ministry, room or service, as is aforesaid, and that in the open court whereunto he doth or shall serve or belong: and if he or they do not or shall not serve or belong to any ordinary or open court, then he or they shall take and pronounce the oath aforesaid, in an open place before a convenient assembly, to witness the same, and before such person or persons as have or shall have authority by common use or otherwise, to admit or call any such person or persons, as is aforesaid, to any such vocation, office, ministry, room or service, or else before such person or persons, as by the queen's highness, her heirs or successors, by commission under the great seal of England, shall be named or assigned, to accept and take the same, according to the tenor, effect and form of the same oath verbatim, which is, and as it 1 El. c. 1. is already set forth to be taken, in the aforesaid act made in the first year of the queen's majesty's reign. may tender VI. And also be it enacted by the authority of this present par- The bishop liament, that every archbishop and bishop within this realm, and the oath to dominions of the same, shall have full power and authority by virtue any spiritual of this act, to tender or minister the oath aforesaid, to every or any spiritual or ecclesiastical person within their proper diocese, as well in places and jurisdictions exempt, as elsewhere. person. chancellor to take the person. VII. And be it enacted by the authority aforesaid, that the lord The lord chancellor or keeper of the great seal of England for the time being may direct a shall and may at all times hereafter, by virtue of this act, without commission further warrant, make and direct a commission or commissions under oath of any the great seal of England, to any person or persons, giving them or some of them thereby authority to tender and minister the oath aforesaid, to such person or persons, as by the aforesaid commission or commissions the said commissioners shall be authorized to tender the same oath unto. for the first VIII. And be it also further enacted by the authority of this The penalty present parliament, that if any person or persons appointed or com- refusal of pellable by this act, or by the said act made in the said first year, to the oath. take the said oath; or if any person or persons to whom the said oath by any such commission or commissions shall be limited and appointed to be tendered, as is aforesaid, do or shall, at the time of the said oath so tendered, refuse to take or pronounce the said oath in manner and form aforesaid, that then the party so refusing, and being thereof lawfully indicted or presented within one year next after any such refusal, and convicted or attainted at any time after, according to the laws of this realm, shall suffer and incur the dangers, penalties, pains and forfeitures, ordained and provided by the 16 R.2, c. 5. statute of provision and premunire aforesaid, made in the sixteenth year of the reign of king Richard the second. Certificate of refusal into the king's bench. Savil. 47. Dyer 234. Indictment of the offender. It shall be treason the the authority or see of refuse the oath. IX. And furthermore be it enacted by the authority aforesaid, that all and every such person and persons, having authority to tender the oath aforesaid, shall within forty days next after such refusal or refusals of the said oath, if the term be then open; and if not, then at the first day of the full term next following the said forty days, make true certificate under his or their seal or seals of the names, places and degrees of the person or persons so refusing the same oath, before the queen, her heirs or successors, in her or their court, commonly called the king's bench; upon pain that every of the said persons having such authority to tender the said oath, making default of such certificate, shall for every such default forfeit an hundred pound to the queen's highness, her heirs or successors: and that the sheriff of the county where the said court, commonly called the king's bench, shall for the time be holden, shall or may by virtue of this act impannel a jury of the same county, to inquire of and upon every such refusal and refusals; which jury shall or may upon every such certificate, and other evidence to them in that behalf to be given, by virtue of this act, proceed to indict the person and persons so offending in such sort and degree, to all intents and purposes, as the same jury may do of any offence or offences against the queen's majesty's peace, perpetrated, committed or done within the same county, of and for which the same jury is so impannelled. X. And for stronger defence and maintenance of this act, it is second time further ordained, enacted and established by the authority aforesaid, to maintain that if any such offender or offenders, as is aforesaid, of the first of the bishop part or branch of this statute, that is to say, by writing, cyphering, Rome, or to printing, preaching or teaching, deed or act, advisedly and wittingly hold or stand with, to extol, set forth, maintain or defend the authority, jurisdiction or power of the bishop of Rome, or of his see, heretofore claimed, used or usurped within this realm, or in any dominion or country, being of, within or under the queen's power and obeyance or by any speech, open deed or act, advisedly and wittingly attribute any such manner of jurisdiction, authority or pre-eminence to the said see of Rome, or to any bishop of the same see for the time being, within this realm, or in any the queen's dominions or countries; or be to any such offender or offenders abetting, procuring or counselling, or aiding, assisting or comforting, upon purpose, and to the intent to set forth, further and extol the said usurped power, authority or jurisdiction, after such conviction and attainder as is aforesaid, do eftsoons commit or do the said offences or any of them, in manner and form aforesaid, and be thereof duly convicted and attainted as is aforesaid: XI. And also, that if any the persons above named and appointed by this act to take the oath aforesaid, do after the space of three months next after the first tender thereof, the second time refuse to take and pronounce, or do not take and pronounce the same, in form aforesaid to be tendered, that then every such offender or offenders, for the same second offence and offences, shall forfeit, lose and suffer such like and the same pains, forfeitures, judgment and execution, as is used in cases of high treason. tion of blood XII. Provided always, that this act, nor any thing therein con- No corruptained, nor any attainder to be had by force and virtue of this act, or forfeiture shall not extend to make any corruption of blood, the disinheriting of dower for of any heir, forfeiture of dower, nor to the prejudice of the right or by this act. title of any person or persons, other than the right or title of the offender or offenders, during his, her or their natural lives only. XIII. And that it shall and may be lawful to every person and persons, to whom the right or interest of any lands, tenements or hereditaments, after the death of any such offender or offenders, should or might have appertained, if no such attainder had been, to enter into the same, without any ouster le main to be sued, in such sort as he or they might have done, if this act had never been had nor made. XIV. Provided also, that the oath expressed in the said act made in the said first year, shall be taken and expounded in such form as is set forth in an admonition annexed to the queen's majesty's injunctions, published in the first year of her majesty's reign; that is to say, to confess and acknowledge in her majesty, her heirs and successors, none other authority than that was challenged and lately used by the noble king Henry the eighth and king Edward the sixth; as in the said admonition more plainly may appear. any attainder How the oath expressed anno 1 El. c. 1, shall be expounded. courts and XV. And be it enacted by the authority aforesaid, that this act In what shall be openly read, published, and declared at every quarter ses- places this sions by the clerk of the peace, and at every leet and law-day by the act shall be steward of the court, and once in every term in the published. hall of open every house and houses of court and chancery, at the times, and by the persons thereunto to be limited and appointed by the lord chancellor or keeper of the great seal for the time being. zen, and his deputy. XVI. And be it further enacted, that every person which hereafter Every shall be elected or appointed a knight, citizen or burgess, or baron knight, citifor any of the five ports, for any parliament or parliaments hereafter burgess of the parliato be holden, shall from henceforth, before he shall enter into the ment shall parliament house, or have any voice there, openly receive and pro- take the sai nounce the said oath before the lord steward for the time being, or the lord his deputy or deputies for that time to be appointed: and that he steward or which shall enter into the parliament house without taking the said oath, shall be deemed no knight, citizen, burgess nor baron for that parliament, nor shall have any voice, but shall be to all intents, constructions and purposes, as if he had never been returned nor elected knight, citizen, burgess or baron for that parliament, and shall suffer such pains and penalties, as if he had presumed to sit in the same without election, return or authority. above the be compelled XVII. Provided alway, that forasmuch as the queen's majesty is None of or otherwise sufficiently assured of the faith and loyalty of the temporal degree of a lords of her high court of parliament; therefore this act, nor any baron shall thing therein contained, shall not extend to compel any temporal to take the person, of or above the degree of a baron of this realm, to take or said oath. pronounce the oath abovesaid, nor to incur any penalty limited by this act, for not taking or refusing the same; any thing in this act to the contrary in anywise notwithstanding. XVIII. Provided, and be it enacted by the authority aforesaid, Charitable that charitable giving of reasonable alms to any of the offender or alms to of giving of be no cause fenders shall offenders above specified, without fraud or covin, shall not be taken of forfeiture, or interpreted to be any such abetment, procuring, counselling, aiding, assisting or comforting, as thereby the giver of such alms shall incur any pain, penalty or forfeiture appointed in this act. Peers offending shall be peers. XIX. Provided also, and be it enacted by the authority of this tried by their present parliament, that if any peer of this realm shall hereafter offend contrary to this act or any branch or article thereof, that in that and all such case and cases they shall be tried by their peers, in such manner and form as in other cases of treasons they have used to be tried, and by none other means. Who only pelled to take the second tender. XX. Provided also further, and be it enacted, that no person shall Salbecome be compelled by virtue of this act to take the oath above mentioned, the oath upon at or upon the second time of offering the same, according to the form appointed by this statute, except the same person hath been, is, or shall be an ecclesiastical person, that had, hath or shall have in the time of one of the reigns of the queen's majesty's most noble father, brother or sister, or in the time of the reign of the queen's majesty, her heirs or successors, charge, cure or office in the church; or such person or persons as had, hath or hereafter shall have, any office or ministry in any ecclesiastical court of this realm, under any archbishop or bishop, in any the times or reigns aforesaid; or such person or persons as shall wilfully refuse to observe the orders and rites for divine service, that be authorized to be used and observed in the church of England, after that he or they shall be publicly by the ordinary, or some of his officers for ecclesiastical causes, admonished to keep and observe the same; or such as shall openly and advisedly deprave by words, writings, or any other open fact, any of the rites and ceremonies at any time used and authorized to be used in the church of England; or that shall say or hear the private mass prohibited by the laws of this realm; and that all such persons shall be compellable to take the oath upon the second tender or offer of the same, and incur the penalties for not taking of the said oath, and none other. It is not lawful to slay in a premu nire. 5, c. 22. XXI. And forasmuch as it is doubtful, whether by the laws of one attainted this realm there be any punishment for such as kill or slay any person or persons attainted in or upon a premunire: be it there25 Ed. 3, st. fore enacted by authority aforesaid, that it shall not be lawful to any person or persons, to slay or kill any person or persons in any manner attainted, or hereafter to be attainted, of, in or upon any premunire, by pretence, reason or authority of any judgment given, or hereafter to be given, in or upon the same, or by pretence, reason or force of any word or words, thing or things contained or specified in any statute, or law of provision and premunire or in any of them; any law, statute or opinion or exposition of any law or statute to the contrary in anywise notwithstanding. Punishments inflicted by XXII. Saving always the due execution of all and every person former laws. persons attainted, or to be attainted, for any offence whereupon and judgment of death now is or ought to be, or hereafter may lawfully be given, by reason of this statute or otherwise and saving always all and every such pains of death, or other hurt or punishment, as heretofore might, without danger of law, be done upon any person or persons that shall send or bring into this realm, or any other the any person queen's dominions, or within the same, shall execute any summons, sentence, excommunication or other process against any person or persons, from the bishop of Rome for the time being, or by or from the see of Rome, or the authority or jurisdiction of the same see. XXIII. Provided always, and be it enacted by the authority Upon what aforesaid, that no person or persons shall hereafter be indicted for proof only assisting, aiding, maintaining, comforting or abetting of any person may be or persons for any the said offences, in extolling, setting forth or defending of the usurped power and authority of the bishop of Rome, unless he or they be thereof lawfully accused by such good and sufficient testimony or proof, as by the jury by whom he shall so be indicted, shall be thought good, lawful and sufficient, to prove him. or them guilty of the said offences. 23 El. c. 1. indicted. 16 CHARLES 1, CAP. 11.-A repeal of the branch of a statute primo Elizabethæ, concerning commissioners for causes ecclesiastical.— Whereas in the parliament holden in the first year of the reign 1 Eliz. c. 1, of the late queen Elizabeth late queen of England, there was an act 8. 18. made and established, intituled, an act restoring to the crown the ancient jurisdiction over the state ecclesiastical and spiritual, and abolishing all foreign power repugnant to the same; in which act amongst other things, there is contained one clause, branch, article or sentence, whereby it was enacted to this effect; namely, that the said late queen's highness, her heirs and successors, kings or queens of this realm, should have full power and authority by virtue of that act, by letters patents under the great seal of England, to assign, name and authorize, when and as often as her highness, her heirs or successors, should think meet and convenient, and for such and so long time as should please her highness, her heirs or successors, such person or persons being natural-born subjects to her highness, her heirs or successors, as her majesty, her heirs or successors, should think meet to exercise, use, occupy and execute under her highness, her heirs and successors, all manner of jurisdictions, privileges and pre-eminence, in anywise touching or concerning any spiritual or ecclesiastical jurisdiction within these her realms of England and Ireland, or any other her highness' dominions and countries, and to visit, reform, redress, order, correct and amend all such errors, heresies, schisms, abuses, offences, contempts and enormities whatsoever, which by any manner of spiritual or ecclesiastical power, authority or jurisdiction, can or may lawfully be reformed, ordered, redressed, corrected, restrained or amended, to the pleasure of Almighty God, the increase of virtue, and the conservation of the peace and unity of this realm: and that such person or persons so to be named, assigned, authorized and appointed by her highness, her heirs or successors, after the said letters patents to him or them made and delivered as aforesaid, should have full power and authority, by virtue of that act, and of the said letters patents, under her highness, her heirs or successors, to exercise, use and execute all the premises, according to the tenor and effect of the said letters patents; any matter or cause to the contrary in anywise notwithstanding. missission II. And whereas by colour of some words in the aforesaid branch High comof the said act, whereby commissioners are authorized to execute court. their commission according to the tenor and effect of the king's VOL. III. E |