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fore made, as well against Jesuits, Seminary Priests, and other such-like priests, as also against all manner of recusants; be it enacted, That all the statutes heretofore made in the reign of the late Queen of famous memory, Elizabeth, as well against Jesuits, Seminary Priests, and other priests, deacons, religious and ecclesiastical persons whatsoever, made ... or to be made... by any authority and jurisdiction derived, challenged or pretended from the See of Rome, as those which do in any wise concern the withdrawing of the King's subjects from their due obedience and the religion now professed, and the taking of the oath of obedience unto the King's Majesty, his heirs and successors, together with all those made in the said late Queen's time against any manner of recusants, shall be put in due and exact execution.

I JAC. I. CAP. VII.

An Act for the continuance and explanation of the Statute made in the thirty-ninth year of the reign of our late Queen Elizabeth, entitled an Act for punishment of rogues, vagabonds and sturdy beggars.

I. Whereas by a Statute made in the 39th year of the reign of the late Queen Elizabeth, intituled [&c.], it was enacted that all persons calling themselves scholars going about begging [&c., &c.] shall be taken as rogues, vagabonds and sturdy beggars, and shall suffer such punishment as in the said Act is appointed since the making of which act divers doubts aud questions have been moved . . . upon the letter of the said Act; for a plain declaration whereof be it enacted, That from henceforth no authority to be given or made by any baron of this realm or any other honourable personage of greater degree ... shall be available to free and discharge the said persons from the pains and punishments in the said Statute mentioned...

III. And whereas by the said Statute. . . it was further enacted [&c., &c.], which branch of the said Statute is taken to be somewhat defective, for that the said rogues having no mark upon them. . . may return or retire themselves 239 Eliz. 4. § 4.

1 1 39 Eliz. 4. § 2.

into some other parts of this realm where they are not known, and so escape the due punishments. . . : for remedy whereof be it enacted, That such rogues as shall... be adjudged as aforesaid incorrigible or dangerous shall also by the judg ments of the same justices... be branded in the left shoulder with a great Roman R upon the iron, . . . that the letter R be seen and remain for a perpetual mark upon such rogue during his or her life; and . . . if any rogue so punished shall offend again,. the party so offending ... shall suffer as in cases of felony, without benefit of clergy. . .

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IV. And be it further enacted, That . . . every person shall apprehend such rogues, vagabonds and sturdy beggars as he shall see or know to resort to their houses to beg, . . . and them shall to the next constable or tithingman, upon pain to carry forfeit for every default 10s. . . .

VII. Provided that this present Act shall continue but until the end of the next Parliament 1.

I JAC. I. CAP. VIII.

An Act to take away the Benefit of Clergy from some kind of Manslaughter.

I. To the end that stabbing and killing men on the sudden ... may from henceforth be restrained through fear of due punishment to be inflicted on such . . . malefactors who heretofore have been thereunto emboldened by presuming on the benefit of clergy; be it therefore enacted... That every person which... shall stab or thrust any person that hath not then any weapon drawn or that hath not then first stricken the party, . . . so as the person... shall thereof die within the space of six months, ... shall be excluded from the benefit of his clergy and suffer death as in case of wilful murder. . . .

I JAC. I. CAP. XIII.

An Act for new executions to be sued against any which shall hereafter be delivered out of execution by privilege of Parliament, and for discharge of them out of whose custody such persons shall be delivered.

I. Forasmuch as heretofore doubt hath been made if any 1 Confirmed by 31 Jac. I. 28. § 1.

person being arrested in execution and by privilege of either of the houses of parliament set at liberty, whether the party at whose suit such execution was pursued be for ever after barred and disabled to sue forth a new writ of execution in that case: for the avoiding of all further doubt and trouble which in like cases may hereafter ensue, be it enacted... That from henceforth the party at or by whose suit such writ of execution was pursued, his executors or administrators, after such time as the privilege of that session of parliament in which such privilege shall be so granted shall cease, may sue forth and execute a new writ or writs of execution in such manner as by the law of this realm he might have done if no such former execution had been taken forth or served; and that from henceforth no sheriff, bailiff or other officer, from whose arrest or custody any such person so arrested in execution shall be delivered by any such privilege, shall be charged or chargeable. . . for delivering out of execution any such privileged person so as is aforesaid by such privilege of parliament set at liberty; any law custom or privilege heretofore to the contrary notwithstanding. Provided always that this Act or anything therein contained shall not extend to the diminishing of any punishment to be hereafter by censure in parliament inflicted upon any person which hereafter shall make or procure to be made any such arrest as is aforesaid.

I JAC. I. CAP. XXV.

An Act for continuing and reviving of divers Statutes, and for repealing of some others.

VIII. And be it enacted that [Stat. 1 Mary (2). 2] shall stand repealed; and that [Stat. 2 & 3 Edw. VI. 21], entitled an Act to take away all positive laws made against the marriage of priests, and [Stat. 5 & 6 Edw. VI. 12], entitled an Act made for declaration of a statute made for the marriage of priests and for the legitimation of their children, shall stand revived and be in force for ever; ... and the children of ecclesiastical persons in the said Act mentioned shall be legitimate and inheritable to all intents and purposes in such sort as children of lay persons do enjoy and may inherit; any canon or constitution to the contrary notwithstanding.

FIRST PARLIAMENT: SECOND SESSION.

Jan. 21-May 27, 1606.

3 & 4 JAC. I. CAP. IV.

An Act for the better discovering and repressing of Popish Recusants.

I. Forasmuch as it is found by daily experience that... 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 sometime to church to escape the penalties of the laws in that behalf provided for the better discovery therefore of such persons and their evil affections to the King's Majesty and the state of this his realm, to the end that being known their evil purposes may be the better prevented; be it enacted. . . That every popish recusant convicted, . . . which heretofore hath conformed him or her self or which shall hereafter conform him or her self and repair to the church... according to the laws and statutes in that behalf made, shall, within the first year next after the end of this session of parliament . . . and... once in every year following at the least, receive the blessed sacrament of the Lord's Supper in the church of that parish where he or she shall most usually abide; . . . and if any recusant so conformed shall not receive the said sacrament of the Lord's Supper accordingly, he or she shall forfeit for the first year £20, and for the second year . . . £40, and for every year after . . . £60, until he or she shall have received the said sacrament as is aforesaid...; the one moiety to be to our Sovereign Lord the King's Majesty, his heirs and successors, and the other moiety to him that will sue for the same . . .

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II. And be it further enacted, That the churchwardens and constables of every town, parish or chapel . . . shall once in every year present the monthly absence from church of all popish recusants within such towns and parishes, and . . . the names of every of the children of the said recusants, being of the age of nine years and upwards, abiding with their said

parents, . . . as also the names of the servants of such recusants, at the general or quarter sessions of that shire [&c.].

III. And be it further enacted, That all such presentments shall be... recorded in the said sessions by the clerk of the peace or town-clerk...

IV. And be it further enacted, That the justices of assize and gaol delivery at their assizes and the said justices of peace at any their said sessions shall have power to enquire, hear and determine of all recusants and offences, as well for not receiving the sacrament . . . as for not repairing to church ...

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V. And be it further enacted, That every offender in not repairing to divine service. . . shall . . . pay into the receipt of the exchequer after the rate of £20 for every month . . except in such cases where the King shall . . . take two parts of the lands [&c.] of such offender, till the said party . . . shall conform himself and come to church . . . ; and if default shall be made in any part of any payment aforesaid,... that then and so often the King's Majesty... may... seize and enjoy all the goods and two parts . . . of the lands [&c.] of such offender...

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VI. And whereas by an Act' made. . . in the 23rd year of the reign of the late Queen Elizabeth, intituled, an Act to retain the subjects of the said late Queen in their due obedience, it was amongst other things enacted, That every person above the age of sixteen years which should not repair to some church, chapel or usual place of common prayer, . . . contrary to the tenour of a statute made. . . for uniformity of common prayer, and being thereof lawfully convicted, should forfeit unto the said Queen for every month... £20...; and whereas afterwards by another Act of parliament of the said Queen it was further enacted . . . That if default should be made in . . . payment of the said £20... that then and so often the said Queen should and might... take... all the goods and two parts as well of all the lands, tenements and hereditaments, leases and farms of such offender...: now forasmuch as the said penalty of £20 monthly is a greater burden unto men of small living than unto such as are of better ability . . . who, rather than they will have two parts of their lands to be seized, will be 29 Eliz. 6. § 4.

123 Eliz. 1. § 4

2 1 Eliz. 2.

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