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. 139 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 judgments 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 . . ... ... 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 carry to the next constable or tithingman, upon pain to forfeit for every default 108... 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. § I. 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. ready always to pay the said £20... and yet retain the residue of their livings and inheritance in their own hands;... 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, That the King's Majesty, his heirs and successors, shall ... have full power to refuse the penalty of £20 a month. . . and thereupon to seize and take to his own use and the uses. . . hereafter limited, two parts in three . . . of all the lands [&c.], and the same to retain . . . till every such offender shall conform him or her self... VII. [The mansion-house of a recusant not to be included in the two parts taken by the King.] VIII. And for the better trial how his Majesty's subjects stand affected in point of their loyalty and due obedience; be it also enacted by the authority aforesaid, That from and after the end of this present session of parliament, it shall be lawful for any bishop in his diocese, or any two justices of the peace, whereof one of them to be of the quorum, . . . out of the sessions, to require any person of the age of 18 years or above, which shall be convict or indicted for any recusancy (other than noblemen or noblewomen) for not repairing to divine service according to the laws of this realm, or which shall not have received the said sacrament twice within the year then next past...; or any person passing through the country, shire or liberty, and unknown (except as is last before excepted) that being examined by them upon oath shall confess... to be a recusant, or shall confess . . . that he had not received the sacrament twice within the year then last past, to take the oath hereafter following upon the Holy Evangelists... IX. And be it further enacted, That if any such person, other than noblemen and noblewomen, shall refuse to answer upon oath to such bishop or justices of peace examining him as aforesaid, or to take the said oath so duly tendered... by such bishop or two such justices of peace out of sessions, that then the said bishop or justices of peace shall commit the same person to the common gaol... until the next assizes or general or quarter sessions, . . . where the said oath shall be again in the said open assizes or sessions required of such person by the said justices of assize or justices of peace; ... and if the said person . . . shall refuse to take the said oath . . . every person so refusing shall incur the penalty of praemunire. ... The tenour of which said oath hereafter followeth: I A. B. do truly and sincerely acknowledge, profess, testify and declare in my conscience before God and the world, that our sovereign lord King James is lawful and rightful King of this realm and of all other his Majesty's dominions and countries; and that the Pope, neither of himself nor by any authority of the church or See of Rome or by any other means with any other hath any power or authority to depose the King, or to dispose any of his Majesty's kingdoms or dominions, or to authorize any foreign prince to invade or annoy him or his countries, or to discharge any of his subjects of their allegiance and obedience to his Majesty, or to give licence or leave to any of them to bear arms, raise tumult or to offer any violence or hurt to his Majesty's royal person, state or government or to any of his Majesty's subjects within his Majesty's dominions. Also I do swear from my heart that, notwithstanding any declaration or sentence of excommunication or deprivation made or granted or to be made or granted by the Pope or his successors or by any authority derived or pretended to be derived from him or his see against the said King, his heirs or successors, or any absolution of the said subjects from their obedience, I will bear faith and true allegiance to his Majesty, his heirs and successors, and him or them will defend to the uttermost of my power against all conspiracies and attempts whatsoever, which shall be made against his or their persons, their crown and dignity, by reason or colour of any such sentence or declaration or otherwise, and will do my best endeavour to disclose and make known unto his Majesty, his heirs and successors, all treasons and traitorous conspiracies, which I shall know or hear of to be against him or any of them: and I do further swear that I do from my heart abhor, detest and abjure, as impious and heretical, this damnable doctrine and position, that princes which be excommunicated or deprived by the Pope may be deposed or murdered by their subjects or any other whatsoever and I do believe and in my conscience am resolved that neither the Pope nor any person whatsoever hath power to absolve me of this oath or any part thereof, which I acknowledge by good and full |