An Abstract of all the Statute-Laws made against all Jesuits, Seminary Priests, and Popish Recusants.

1.1 Eliz. cap. 1. no Forre ig Potentate not to exercise power in the Queens Do­minions. BY the Statute of 1 Eliz. cap. 1. No Forreign Potentate, or other Person shall exercise any Ecclesiastical pow­er in the Queens Dominions, but She and her Successors may by Let­ters Patents Authorize any Subject born to Exercise the same.

2.Officers Tem­poral and Ec­clesiastical. For the better observance of this Act, Every Ecclesiastical and Temporal OFFICER, and such as take Degree in the Ʋniversity, and all the Queens Ser­vants are enjoyned to take the Oath of Supremacy, reci­ted, in haec Verba, in this Statute, to which because it is long, you are referred.

3.Refusing the Oath. He that refuseth this Oath, if he be in any Of­fice, shall Forfeit such Spiritual or Temporal Office or Promotion during his life; or if he be to be admit­ted to any such Office, he shall take the aforesaid Oath before he be admitted, and if he refuse it, he shall be adjudged uncapable of it.

4.Oath. If any have a Temporal Office of Inheritance, and at first refuse this Oath, but afterwards shall take it, he shall be restored.

5.Penalty of maintaining any Foreign Potent [...]te pow­er, &c. None shall maintain the Jurisdiction of any Foreign Prelate or Potentate in the Queens Domini­ons, [Page 2]upon pain of Forfeiting all his Goods and Chat­tels, and if he be not worth twenty pounds at the time of his Conviction, he shall Forfeit all he hath, and suffer a years Imprisonment without Bayl; and for the second Offence,Premunire is to be put out of the Kings pro­tection, and to forfeit all his Goods & Chat­tels, and all Lands in Fee, Co. 1. Instit. f 219. b. 130. a. Conviction. incur a Praemunire; and for the third Offence be guilty of High Treason, which Offence must be prosecuted within one year after it is committed; but if the Offence be by Preaching, Teaching, or Words only, prosecution by Indictment must be within six moneths, else the Offender to be set at liberty.

6. A Clergy-man Beneficed, upon the first Convi­ction for such Offence, shall loose his Spiritual Pro­motion.

7.Peer. A Peer of the Realm guilty of such Offence, is to be tryed by his Peers.

8.Witnesses, No persons to be Indicted or Arraigned for the aforesaid Offences, but by two or more sufficient Witnesses produced Viva voce; and none shall be questioned for Relieving, Aiding, or Comforting any such Offender as is before mentioned, unless it be pro­ved by two Witnesses at least, that at the time of such Relief, Aid, &c. he had notice of the Offence com­mitted.

1.5 Eliz cap. 1, By this Statute of 5 Eliz. None shall maintain the Jurisdiction of the Bishop or See of Rome, within any of the Queens Dominions, upon pain that they and their Accessaries shall incur a Praemunire.

2. Justices of Assize, Justices of the Peace in Sessi­ons, or any two of them (whereof one of the Quorum) have power to hear and determine this Offence,Who may have Oyer and Ter­miner of these Offences in Quarter Sessi­ous, or open Sessions. and to certifie the presentments into the Kings Bench, within a time limited in the Statute on pain of 100 l. and Justices of Assize have power as well upon such Certificate, as also before themselves to hear and de­termine such Offences.

3.Persons that must take the Oath of Supre­macy. All Persons appointed by the Statute of 1 Eliz. cap. 1. to take the Oath of Supremacy, and all other Persons taking Orders, preferred to any Degree in the Universities, all School-masters publick and pri­vate; all that take Degrees of Learning in the Laws, in the Inns of Court, or in Chancery; all Attorneys, Prothonotories, Philizers, Escheators, &c. All Persons admitted to any Ministry or Office belonging to the Common Law, or other Law or Laws: and all Offi­cers and Ministers of every Court shall take the said Oath before their admittance to the Exercise of any such Offices or Profession.

4.Praemunire, He that is thus compettable to take the said Oath, if he refuse it, incurs a Praemunire, if his Default be presented, and he Indicted within a year after the Default.

5.Who have pow­er to give the Oath, Arch-Bishops and Bishops have power in their proper Diocesses to Minister this Oath; and the Lord Chancellor or Keeper (without further Warrant) may grant Commission to tender it.

6.Certificate of Refusal, All Persons impowred to Tender this Oath, are to certifie the Refusals of those Recusants that will not Take it under their Hands and Seals into the Kings Bench, within a limited time in the Statute, on pain of 100 l. See the Statute at large, as to the time.

7.Second offence Those that refuse this Oath upon second Ten­der, or were formerly Convicted of maintaining the Jurisdiction of the Pope or See of Rome, and do com­mit the like offence the second time, both they and their Accessaries shall suffer as in case of High Trea­son, except in case of Corruption of Blood, Disinheri­son of Heirs, Forfeiting of Dower, or prejudice to others beside the Offender, &c. but none shall be punished as Accessary, for giving Alms without fraud to the Offender.

8.Alms, This Act is to be published at every Quarter-Sessions, at every Leet, and every Term in open Hall in the Inns of Court and Chancery by the persons ap­pointed thereto.

9.Members of the Com. House, Barons and Every Member of the Commons House is to take this Oath before he sit in Parliament, before the Lord Steward, or his Deputy.

10.Peers, None of, or above the Degree of a Baron is compellable to take this Oath; but a Peer offending herein, is only Triable by his Peers.

11.Second tender of the Oath, No Papist is compellable to take this Oath up­on second tender, or be in danger (by refusal thereof) to incur High Treason, but only Clergy-men, Officers of Ecclesiastical Courts, such as shall not observe the Rites of the Church of England, &c. or do say or hear private Mass.Mass,

1.13 Eliz. cap. 1. Bulls from Rome, By this Statute, All that obtain or put inture any Bull of Absolution or Reconciliation from the Church of Rome, or Absolve, or be Absolved there­by, both they and their Accessaries before the Fact, shall be adjudged Guilty of High Treason to the Queen and the Realm.

2.Comforters, Maintainers, Concealers, Their Comforters and Maintainers shall incur a Praemunire; and their Concealers misprision of Trea­son, unless within six weeks they discover them to some Privy Counsellor, &c.

3.Agnus Dei, Crosses, &c. If any bring into the Queens Dominion any Ag­nus Dei, Crosses, Pictures, Beads, or any such vain and superstitious thing, or deliver or offer the same to any person to be used; the person so doing, and the person receiving the same, shall incur Praemunire; but if the Person to whom the tender is made, appre­hend the Person tendring it, and bring him before a Justice of Peace; or being unable so to do, shall with­in three dayes disclose his Name, and Aboad, or resort unto the Ordinary, or some Justice of Peace within [Page 5]the same County; or having received the same, do within three dayes deliver it to some Justice of Peace, he shall incur no prejudice by this Act.

4.Justices of the peace, Privy Council, The Justice of Peace shall disclose the Offences aforesaid to the Privy Counsel within fourteen dayes after notice to him, upon pain of Praemunire.

1.23 Eliz. cap. 1. Withdrawing the Subj. from their obedience. By this Statute, it is High Treason to have, or pretend to have power, or to put in practice, to Absolve, Perswade, or withdraw any Person within the Queens Dominions, from their natural Obedience to the Queen and her Successors, or to withdraw them for the intent from the Religion now Established, to the Romish Religion; and they also, who shall be so withdrawn willingly, together with their Procurers and Counsellors, shall be guilty of the same Of­fence.

2.Aiders and Maintainere, Their Aiders and Maintainers, who discover them not within Ten dayes to some Justice of Peace, or higher Officer, shall be adjudged guilty of Misprisi­on of Treason.

3.Saying Mass, None shall Say or Sing Mass on pain of Two hundred Marks, and suffer one years imprisonment, and not be Enlarged till the Fine be paid. And none shall hear Mass on pain of a years imprisonment, and an hundred Marks.Hearing Mass,

4.Forfeitures, There shall be a third part of these Forfeitures to the Queen, a Third part to the Poor of the Parish where the Offence is committed, and a Third part to the Prosecutor.

5.Covenous Grants. All covenous Grants to avoid the Queens Inte­rest, or other persons that may claim by this Act, or 13 Eliz. cap. 2. shall be adjudged void.

1.27 Eliz. cap. [...] By this Statute all Jesuits, Seminary Priests, or a­ny Ecclesiastical persons born within the Queens Do­minions, and Ordained or made such, by the preten­ded Jurisdiction of the See of Rome, which come into, [Page 6]or remain in any of the said Queens Dominions, shall be adjudged guilty of High Treason, and their Recei­vers, Aiders, and Maintainers (knowing them to be such, and at liberty) shall be adjudged Felons, with­out benefit of Clergy.

2.Persons brought up in Semina­ries beyond Sea. All others brought up in Seminaries beyond Sea, and not as yet in Orders as aforesaid, which do not within six moneths after Proclamation made in London (in that behalf) return into this Realm; and within two dayes after their Return, before the Bi­shop of the Diocess, or Two Justices of the Peace of the County where they Arrive, submit themselves to the Queen, and her Laws, and Take the Oath of Su­premacy, they shall be adjudged guilty of High Trea­son.

3.Sending relief to such Semi­naries. They who give or send Relief to any such Eccle­siastical Person or Seminary, or to any brought up there as aforesaid, shall incur a Praemunire.

4.Where the Of­fences are pu­nishable. These Offences are to be heard and determined in the Kings Bench, or in the County where they shall be committed, or the Offender Taken.

5.Submission. This Act not to Extend to any Jesuite, &c. as aforesaid, who within three days after his Arrival shall submit himself to some Arch-Bishop, or Justice of Peace of the County where he Lands, and there takes the Oath of Supremacy; and under his Hand acknow­ledges to continue in obedience to her Majesties Laws.

6.The penalty of Knowing a Je­suite or Priest and concealing him. He that knows a Jesuit, or Priest, to remain within any the Queens Dominions, and doth not with­in Twelve days discover the same to some Justice of the Peace, shall be Fined, and suffer Imprisonment du­ring pleasure; and the Justice of Peace that doth not within Twenty eight dayes after, diselose it to some of the Privy Council, &c. shall Forfeit two hundred Marks.

7.Oaths, Submis­sions, &c. to be certified. All Oaths and Submissions, &c. as aforesaid, shall be certified into Chancery, by the party before whom they are taken, within three moneths, on pain of an hundred pounds.

8.Those that sub­mit not to come to Court within ten years, or within ten miles of it, 29 Eliz. cap. 6. Grants of Pa­pists. None submitting as aforesaid, shall within Ten years after come within Ten miles of the Court, on pain to loose the benefit of his Submission.

1. By this Statute the Grants and Incumbrances, or limitation to uses made by Papists not coming to Church according to the 23 Eliz. cap. 1. and which are revokable by the Offenders, intended for his maintenance, or in consideration whereof he and his Family are to be kept, shall be void against the Queen, &c. to hinder her for the Forfeiture of their not coming to Church, grsaying, or hearing, or being at Mass; but this Act is not to Extend to Grants made Bona Fide, nor to continue the seizure after the death of the Offender, &c.

2.Two parts of the Goods, and Third part of the Lands of Papists to be seized. The Queen may seize two parts of the Goods, and two Third parts of the Lands of such Popish Of­fenders as shall not after their Conviction pay into the Exchequer Twenty pounds a moneth.

1.35 Eliz cap 2. Papists after Conviction to repair to their dwellings. By this Act, all Popish Recousants above sixteen years old, shall within forty dayes after their Convi­ction repair to their usual Dwelling, and not remove above five miles from thence, on pain to Forfeit all their Goods, and Lands, and Annuities during life; and if they have no certain Aboad, they are to Repair where they were Born, or where, their Fathers and Mothers dwell, and within Twenty dayes after their Arrival there, to give in their Names to the Consta­bles, Head-Boroughs, and Minister; and the Mini­ster is to keep a Book of their names, and he, and the said Constables, and Head-Boroughs to certifie the same to the quarter Sessions, &c.

2.Copy-holder apist. A Copy-holder in this case shall Forfeit his E­state for life (if it continue so long) to the Lord of the Mannor, (if no Recusant, Convict, or seized, possessed to the use of a Recusant,) but if so, then the Queen, &c. shall have it.

3.Those that after Conviction wil not repair to their dwellings &c. shall abjure the Realm. A Popish Recusant (being no feme Covert, nor ha­ving Lands worth Twenty Marks per annum, or Goods worth forty pounds, which within the time above-limi­ted, doth not repair to the place of his Aboad, or doth depart above five miles thence, or within three moneths after his Arrival; there doth not make the submission following hereafter (being required so to do by the Bishop, a Justice of Peace, or Minister there) shall before two Justices of the Peace, or the Coroner, abjure the Kingdom, which abjuration they are to certifie to the next Assizes, or Goal-deli­very.

4.If he depart not, he shall be a Fellon with­out Clergy. If the Popish Recusant depart not the Realm within the time limited by the Justices, or Coroner, or return without the Queens Licence, he shall be adjudged a Felon, without benefit of Clergy.

5.Jesuite resusing to answer. This Act not to extend to those that are urged by process of Law, &c. A Jesuite or Priest refusing to answer, shall be committed to prison till he answer, &c. and this Act is not to restrain any Recusant (urged by process of Law without fraud) to Travel without the said limits of five miles, so that he return in convenient time, nor shall it restrain him that is compelled by Law, to ren­der his body to the Sheriff.

6.The effect of the submission. The Effect of the submission, whereby they may avoid these penalties, is, That the Recusant submitting, do acknowledge and testifie in his Conscience, that the Bi­shop and See of Rome hath not, nor ought to have any power or Authority over her Majesty, within any of her Dominions, &c. But the Reader is referred to the Statute to see the submission at large.

7.Minister of the parish is to en­ter submissions is a book. The Minister of the Parish where the submissi­on is Taken, shall presently Enter it into a Book, and within Ten dayes certifie it to the Bishop of the Dio­cess; and if the Offenders after such submission shall fall to a Relapse, he shall have no benefit of his submis­sion.

8.Married Wo­men. Every Married Woman shall be bound by this Act, save only in the case of Abjuration.

1.1 Jac. cap 4. By this Statute, all the former Statutes of Queen Elizabeth are confirmed, and appointed to be put in due Execution.

2.The Ancestor dying a papist, the Heir being none, &c. Where the Ancestor dies a Recusant, the Heir being none, or confirming himself, and Taking the Oath of Supremacy before the Arch-Bishop, &c. he shall be Freed from all the penalties in the aforesaid Statute; but if the Heir after the Age of sixteen years shall continue to be a Recusant, he shall not be freed till Conformity, and taking the said Oath: And the King shall have Two parts of his Lands to answer the Arrearages of Twenty pound a month, according to the Statute of 23 Eliz. cap. 1.

3.Children, or thers sent be­yond Sea to be trained in Po­pery. None shall send any Child, or other person un­der their Government, beyond Sea, to be instructed in the Popish Religion, upon pain of an hundred pound, and they which are so sent, shall be uncapa­ble (as to themselves only) of any Grant or Inheri­tance due to them, or others to their use.

4.Who may pass beyond Sea, &c. No Child, or Woman under 21 years of age (ex­cept Saylors, Ship-boys, Merchants-Factors, or Appren­tices) shall be suffered, by officers of Ports to pass be­yond Sea without the Kings Licence, or Warrant of six privy Counsellors under their Hands, upon pain of the said Officers Forfeiting their Offices, &c. and the Forfeitures by this Act are to be divided between the King and the Prosecutors. See the Statute of 3 Jacobi, cap. 5. Touching Soldiers and Marriners passing be­yond Sea, vide infra.

1.3 Jac. cap. 4. By this Act the Recusant that Conforms, must within one year after his Conformity, Sacrament, and so once e­very year (at least) receive the Sacrament, on pain to Forfeit for the first offence twenty pounds, for the se­cond forty pounds, &c.

2.Forfeitures. These Forfeitures to be Recovered before Ju­stices of Peace in their Sessions, or in any Court of Record; and to be divided between the King and the Profecutors.

3.Presentments to be of the monthly ab­sence of Papists from Church. The Church-wardens and Constables of every Parish, or one of them, or (if there be none such) then the High Constable of the Hundred shall present once every year at the General Sessions of the Peace, the monthly absence from Church of every Popish Recusant, and their Children (being above the Age of nine years) and their Servants, together with the age of their Children, as well as they can be known, on pain Respectively to Forfeit 20 s. for every De­fault; and this presentment to be Entred by the Clerk of the Peace, or Town-Clerk, on Record, without Fee, on pain of 40 s. for every Default.

4.Officers Pees for presenting Recusants. If the Recusant be convicted upon such Present­ment, the Officer presenting him, shall have 40 s. out of the said Recusants Estate, by order of the Justices of Peace.

5.Who have pow­er to punish Re­cusants. Justices of Assize, Goal-Delivery, and of the Peace, have power of hearing and determining the Offences of such Popish Recusants, as well for their not Taking the Sacrament, as for not coming to the Church, according to this and former Laws and Statutes; and to make Proclamation that they shall Tender themselves to the Sheriff or Bayliff of the Li­berty where they are, before the next Assize, Goal-Delivery, or Sessions respectively: Which if they shall not do, that Default is to be Recorded, and it shall be a sufficient Conviction of them, as well as a Trial by Verdict.

6.Recusants for­feitures after first conviction for not coming to Church. Every such Offender, after the first Conviction for not coming to Church, shall pay into the Exche­quer in the Terms of Easter and Michaelmas next hapning after their Conviction, their Forfeitures then due at the Rate of 20 l. per month, and yearly after that in the said Terms, at the Rate of 20 l. per month, unless the King shall please to take two Thirds of their Lands and Leases, or that they shall Conform.

7.Conviction to be certified in­to the Exche­quer. Every Conviction is before the End of the Term next following, to be certified into the Exchequer, and the Court is to issue process of Seizure thereup­on, against the Offenders Goods, and Two parts of his Lands, Leases, &c.

8.Twenty pounds a month, or two thirds of Recu­sants lands, ex­cept the Mansi­on-house, &c. The King may Refuse the Twenty pounds a month, and take the Two parts of the Lands, as afore­said (excepting the Recusants Mansion-house) and the King may not Demise those Two parts to a Recusant, or to any other, for the Recusants use; and the Kings Lessee of the said Two parts, is to give Security not to commit Wast.

9.Oath of Allegi­ance. The Bishop of the Diocess, or Two Justices of the Peace, (one being of the Quorum) may out of Ses­sions Tender the Oath of Allegiance mentioned in haec verba, in this Act, to which the Reader is Referred, to any person, being Eighteen years of Age, [except Noble-men, and Noble-Women] which stand Convi­cted or Indicted of Recusancy, &c. [or passing through the Country, and Examined on Oath, confesseth] or at least denieth not, that he or she is a Recusant, and the Bishop or Justices are to certifie the Premises, and the Name and aboad of the party to the next Sessi­ons, where the Clerk of the Peace, or Town-Clerk are to Record the same: and if they Refuse to Take the Oath, or to answer upon Oath, they are to bind them to the next Sessions; and if they refuse here to take [Page 12]it again,Premunire, Women Covert. they incur a Praemunire, (except Women Co­vert) who in that case are to suffer Imprisonment till they take it.

10.Names to be subscribed. Indictment not to be reversed for want of form. If they take the Oath, they are to subscribe their Names or Marks and no Indictment against such as are Recusants shall be reversed for lack of form, but only by direct Traverse: But if they conform, they may be admitted to traverse or discharge it.

11.Who shall go out of the Realm to serve a Forreign Prince. Bond. None shall go out of the Realm to serve any Forreign Prince or State, without taking the said Oath (of Allegiance) and if he have born Office as a Soldier, he shall enter into Bond to the Kings use, with condition as in this Act is at large expressed in haec Verba, (to which the Reader is referred) or else to be adjudged a Felon.

12.Customers and Comptrollers of Ports to take Bonds. The Customers or Comptrollers of Ports only, and their Deputies, may take such Bonds, and mi­nister the said Oath in this case, which they are every year to certifie into the Exchequer, the Bond, on pain of Five pounds, and the Oath, on pain of Twen­ty Shillings.

13.Withdrawing Kings Subjects from their obe­dienct, High Treason. To absolve or withdraw the Kings Subjects from their Natural Obedience, to reconcile them to the See of Rome, or to move them to promise it, &c. or to be absolved, withdrawn, reconciled, or make promise, as aforesaid, is high Treason.

14.Reconciliation. This Clause of Reconcilement (as to the point of reconcilement only) shall not extend to any that shall return into the Realm, within six weeks after, shall before the Bishop, &c. submit himself to the King, and his Laws, and take the Oaths of Supre­macy and Allegiance.

15.Excommuni­cate Recusants. The Sheriff, upon a lawful Writ, may justifie to break a house for taking an Excommunicate Recn­sant.

16.Section against an Officer for doing his daty, &c. If an Action be brought against an Officer for excoution of this Act, he may plead the General Issue, and give the special matter in evidence.

17.Wives Offence. None shall be punished for his Wives offence, nor shall a married Woman be chargeable with any penalty or forfeiture by force of this Act.

18.Oath of Allegi­ance. Noble Men, and Noble women. Six of the Privy Counsel (whereof the Chan­cellor, Treasurer, or Principal Secretary to be one) may minister the Oath of Allegiance to any Noble Man, or Noble Woman (unmarried) of, or above eighteen years of age, and if they refuse it, they in­cur a Praemunire.

19.Warden of Cinque Ports. The Warden of the Cinque-Ports, or some by his appointmeut, shall take the Bond, and minister the Oath, aforesaid, to any person passing beyond Sea out of them, i.e. the Cinque-Ports, or any of their Members.

3 Jac. cap. 5.By this Statute, he that within three days notice, discovers to a Justice of Peace, any that entertains a Popish Priest, or any that have heard or said Mass,Entertaining a Popish Priest. Mass. shall have a third part of the forfeiture due for the said offences, if the whole exceed not an hundred and fifty, then onely Fifty Pounds thereof to be paid him by the Sheriff, who shall levy the same.

2.Convicted Re­cusants not to come to Court on pain of an 100 l. No Convicted Recusant shall come into Court without command from the King, or Warrant from the Privy Counsel, under their hands, on pain of an Hundred Pounds, one moiety to the King, the other to the Discoverer.

3.Convict Recu­sants not to be in London, or ten miles of it, unless he be a Tradesman, on pain of 100 l. A Popish Recusant, Convict, or Indicted for not coming to Church for three months together, and remaining in London, or within ten miles distance, shall within ten days after such Gonviction or In­dictment depart thence, and shall deliver their names (if in London) to the Lord Mayor there, and (if in the Countrey) to the next Justice of the Peace, [Page 14]on pain of an Hundred Pounds, to be divided between the King and the Prosecutor; but this is not to ex­tend to Tradesmen that have no other habitation in or within ten miles of London.

4.Licence must be procured by a Recusant, to go about his oc­casions, &c. A Recusant may go about his own occasions, by Licence from the King, or three Privy Counsellors under their hands, or four Justices of Peace under their Hands and Seals, with the assent in writing of the Bishop, Lieutenant, or Deputy Lieutenant of the same County, notwithstanding the Statute of 35 Eliz. cap. 2. which Licence is not to be granted by the said Justices, till the party make Oath of the true reason of his Journey, and that he will make no need­less stay.

5.No Convict Recusant may practice Law, Physick, &c. or bear Office in any Castle, &c. No Covicted Recusant shall practice the Com­mon Law, Civil Law, Physick, or the Art of the Apothecary; or be an Officer in any Court; or bear any Office among Soldiers, or in a Ship, Castle, or Fortress, on pain of an Hundred Pound, to be divi­ded between the King and the Prosecutor.

6.Popish Re­cusant Convict. or whose Wife is such, may not bear Office, &c. No Popish Recusant Convict, or whose Wife is a Popish Recusant Convict, shall exercise any publick Office in the Common-wealth by himself, or his De­puty, unless he bring up his Children in the true Reli­gion; and together with his Children and Servants, repair to the Church, and receive the Sacraments, as the Law requires.

7.What a married woman, being a Recusant Con­vict, shall for­feit. A married Woman, being a Popish Recusant Convict, (her Husband being none) that doth not conform her self, as aforesaid, by the space of one whole year before her Husbands death, shall forfeit two Thirds of her Dower or Joynter, and shall be uncapable of being Executrix or Administratrix to her Husband, or enjoying any part of his Goods.

8.A Popish Recu­sant Convict, shall be an Ex­communicate to all intents, till he conform. A Popish Recusant, after Conviction, shall be (to all intents) reputed as a person Excommunicate, [Page 15]untill he conform and take the Oath of Obedience or Allegiance, ordained by 3 Jac. 4. Yet he may sue for his Interest, in Lands not seized into the Kings hands.

9.Popish Re­cusant Convict must be married, by a lawful Mi­nister, in open Church, on pain of 100 l. A Popish Recusant Convict, married otherwise then in open Church, by a lawful Minister, according to the Church of England, shall not be Tenant by the Courtesie. A Woman also) in this case) shall lose her Dower, Joynture, Widdows Estate, and all her Hus­bands Goods, and where a Man cannot be Tenant by the Courtesie, he shall forfeit an Hundred Pounds, to be divided between the King and the Prosecutor.

10.Their Children to be Baptized by a lawful Mi­nister, on pain of an 100 l. Every Popish Recusant, within a Month after the Birth of his Child, shall cause it to be Baptized by a lawful Minister, on pain of an Hundred Pounds, if he out-live the Month, if not, his Wife is to pay the forfeiture; the King to have one third part, the Prosecutor another, and the Poor of the Parish the third.

11.They must be Buried in the Church, or in the Church-yard on pain of 20 l. Every Popish Reeusant is to be Buried in the Church, or Church-Yard, according to the Church Laws of this Realm, on pain that his Executor, Ad­ministrator, or the party that causes him to be other­wise buried, pay Twenty Pounds to be divided as next aforesaid.

12.Who may go be­yond Sea, and upon what Li­cence, &c. A Child (being no Soldier, Mariner, Mer­chant, or Apprentice, or Factor to a Merchant) shall not be sent, or go beyond Sea, without the Kings Licence, or Six of the Privy Council, (the Princi­pal Secretary being one) on pain thereby to be inca­pable to enjoy any Lands or Goods, by Descent or Grant, until (being eighteen years of Age, or above) he take the Oath of Obedience before some Justice of Peace of the County, where his Parents do or did dwell. And in the mean time the next of Kin, be­ing no Papist) shall injoy his Lands and Goods, but [Page 16]shall be accomptable to the other in case he after­wards conform as aforesaid; and he that goes out of the Realm shall forfeit an Hundred pounds to be divi­ded as aforesaid.

13.Chancellor, &c. [...] [...]th Univer­sities, shall pre­sent to the Be­nifice of a Recu­sant Convict. A Popish Recusant Convict, shall be disabled to present to a Benefice, but in his stead the Chancellor and Schollars of the Universities of Cambridge and Oxford shall present within several Counties respe­ctively, as by this Act is at large set forth.

14.Convict. Papist may not be Ex­ecutor, &c. A Popish Recusant Convict, shall not be an Ex­ecutor, Administrator, or Guardian.

15.None may bring from beyond Sea, or print, or jell Popish Books, &c. None shall bring from beyond Sea, Print, Sell, or Buy any Popish Primmers, Ladies Psaltars, Manuals, Rosaries, Portals, Legends, or Lives of Saints in what Language soever they shall be Printed or Written, nor any Superstitious Books written in the English Tongue, on pain to Forfeit forty shillings for every such Book, to be divided as aforesaid.

16.Power to search convict Papists Lodgings for Popish Books and Reliques. Two Justices of Peace, and all Mayors, Bay­liffs, and Head-Officers have power to search the Hou­ses and Lodgings of Popish Recusants Convict, and of every person whose Wife is a Popish Recusant Convict, for Popish Books and Reliques, and to burn and deface such as they shall find in their custody; but such as are of value, in open Sessions, and afterwards restored to the Owner.

17.The Armour of Recusants con­vict to be secu­red; and those that refuse to deliver them to be punished, &c. All the Armour, Gunpowder, and Ammunition of a Popish Recusant Convict, shall be taken from him, by Warrant from four Justices of the Peace at the Gene­ral Sessions, (other then such Weapons as shall be al­lowed him by the said Justices for defence of his House against Thieves, &c.) which Armour, &c. shall be kept at the costs of such Recusant, in such places as the said Justices shall appoint, and shewed at every Muster, as his Arms, together with his Horse, which he shall buy, provide, and maintain for that purpose, ac­cording [Page 17]to his ability, as other Subjects do; and the Recusant that refuseth to declare what Armour and Ammunition he hath, and deliver it to such Persons as shall have power to seize it, he shall Forfeit the same to the King; and by Warrant from any Justice of the Peace of that County, be imprisoned for three months without Bayl.

1. [...] Jac. cap. 6. Oath of Allegi­ence. By this Statute is set forth, who shall give, and who shall take the Oath of Allegiance, and within what time, and before whom a Baron or Baroness, of, or a­bout eighteen years old, shall take it. See the Statute at large.

2.Barons and Baronesses con­victed of Recu­sancy, who may tender this Oath to them. Who to a com­mon person. If a Baron or Baroness stand presented, indi­cted, or convicted of Recusancy, three of the Pri­vy Council, (whereof the Lord Chancellor, Treasu­rer, Privy-Seal, or Principal Secretary to be one, shall Minister to them the said Oath, but if it be a Convi­cted Person under those degrees; or if the Minister, petty Constables, or Church-wardens of any Parish, or any two of them shall complain to any Justice of the Peace, or any person suspected of Recusancy, then the said Justice may in either of the said Cases mini­ster the said Oath, and upon refusal, commit the party to Prison, there to remain until the next Assi­zes or Sessions, where if he or she again refuse to take it, they shall incur a Praemunire, (except Women Covert,Praemunire. who shall only be imprisoned in this Case) and there remain without Bayl, until they Take the said Oath.

3.The penalty of refusing the Oath, Lawyers, &c. refusing it. None refusing the said Oath, shall be capable of any Office of Judicature, or other Office (being no Of­fice of Inheritance, or Ministerial Function) or to practise the Common Law, Physick, Chyrurgery, the Art of Apothecary, or any Liberal Science for Gain.

4.A Married Wo­man convicted of Recusancy, her penalty. If a Married Woman be a convicted Recusant, and do not conform within Three Months after Con­viction. [Page 18]she shall be committed to prison, by a Privy-Counsellor, or the Bishop of the Diocess if she be a Barroness, but if a lower Degree, then she shall be committed by Two Justices of the Peace (whereof one of the Quorum) and there remain until she Con­form, unless the Husband shall pay to the King for his Wives Offence Ten pounds for every month, or yeild a third part of all his Lands, at the choice of such Hus­bands.

5.The penalty of going beyond Sea, or sending any thither to be trained in Popery, or send­ing relief to them. None shall go himself, or send any other person whatsoever beyond Sea, to be Trained up in Popery, nor give any Maintenance or Relief to the Party so sent, or to any School, or Religious House there, (on pain after Conviction thereof) to be made unable to prosecute any Suit in any Court of Equity, to be Com­mitted of any Ward, Executor, or Administrator, and to be uncapable of any Legacy, or Deed of Gift, or bear­ing Office within this Realm. And besides, to forfeit all his Goods and Chattels, and his Lands also, during life; but if he or she conform within six weeks after his or her Return, according to the Statutes of this Realm, they shall not incur the said Penalties.

1.3 Car. 1. cap 2. By this Statute, the Statute of 1 Jac. cap. 2. is to be put in due Execution.

2.The like penal­ty as in the next preceding Statute for sending or go­ing beyond Sea to be t [...]ained in Popery, &c. None of the Kings Subjects shall pass, or go, or shall convey or send, or cause to be conveyed or sent, any Children, or other person, out of any of the Kings Do­minions, into any parts beyond the Seas, out of the Kings Obedience, to the intent to be Resident and Trained up in any Popish Society, School, or Family, or instructed in the Popish Religion, in a sort to profess the same: Neither shall any convey, or cause to be con­veyed any money, or other thing, towards the Mainte­nance of any such Children, or Person already gone or sent, or to go, or to be Sent and Trained, and In­structed as aforesaid, or (under the name of Charity [Page 19]towards the relief of any such Society, or Religious House, on pain, after Conviction, in the aforesaid Ca­ses, to be disabled to sue, or use any Action, Bill, Plaint, or Information in Law, or Prosecute any Suit in Equity, &c. As in the next Precedent Statute here ab­stracted and abridged.

All Persons that shall bear any Office, Civil or Mi­litary,25 Carol. 2. or Receive any Pay, Sallary, Fee, or Wages, by reason of any Patent or Grant from his Majesty, or shall have Command or Place of Trust, from or under his Majesty, or from any of his Predecessors, or by his or their Authority, or by Authority derived from him or them, or shall be of the Houshold, or in the Ser­vice or Employment of his Majesty, or the Duke of York, who shall Inhabit, Reside, or be in, or within Thirty miles of London, or Westminster, at any time during Easter Term, 1673. shall before the end of that Term, or Trinity Term following, appear in the Court of Chancery, or Kings Bench, and there in open Court, between Nine and Twelve in the Fore-noon, Take the Oaths of Supremacy and Allegiance; and all the said Persons not having Taken the said Oaths in the said Courts, shall on or before August 1. 1673. at the Quarter Sessions for that County or Place where he or they shall Be, Inhabit, or Reside, on May 20. Take the said Oaths in like manner.

And the said Officers shall Receive the Sacrament of the Lords Supper, according to the Usage of the Church of England, at or before August 1. 1673. in some Parish Church upon some Lords Day immedi­atly after Divine Service and Sermon.

All Persons that shall be admitted into any such Of­fice, &c. or shall Receive any Pay, &c. or have Com­mand, or be admitted into Service or Employment in the Housholds, &c. after the first day of Easter Term aforesaid, and shall Inhabit, Be, or Reside, when so ad­mitted [Page 20]in or within Thirty miles of London or West-minster, shall Take the said Oaths in the said Respe­ctive Courts, in the manner aforesaid, the next Term after such their Admittance. And all such Persons to be admitted after the said first day of Easter Term, not having Taken the Oaths in the Courts aforesaid, shall Take them at the Quarter Sessions for the Coun­ty or Place where thay shall Reside next after such ad­mittance. And all Persons so to be Admitted as a­foresaid, shall Receive the Sacrament of the Lords Supper in the manner aforesaid, within three months after their Admittance.

And every of the Persons in the Court where he takes the Oaths, shall first deliver a Certificate of such his Receiving the said Sacrament, as aforesaid, under the Hands of the Minister and Church-wardens, and shall then make proof of the truth thereof by two cre­dible Witnesses at the least upon Oath. All which shall be Enquired of, and put upon Record in the Re­spective Courts, to take the said Oaths, and Sacra­ment, upon penalty that the Offices and Employments of all Persons neglecting, or refusing, be, and are Ad­judged void, and the Persons ipso facto adjudged un­capable to have or enjoy the same, or any profit there­to appertaining. And further, if they shall Execute the Offices or Employments after the time wherein they ought to have taken them, and being thereupon lawfully convicted, shall be disabled to sue in Law or Equity, or to be a Guardian, Executor, or Administra­tor, or to be capable of any Legacy, or Deed of Gift, or to bear any Office; and shall Forfeit 500 l. to be Re­covered by the Prosecutor.

Persons not Bred up by their Parents in the Popish Religion, and professing themselves to be Popish Re­cusants, that shall Breed up, or suffer their Children to be Educated in the Popish Religion, upon convicti­on [Page 21]shall be disabled to bear any Office, or Place of Trust or Profit, and the said Children likewise disa­bled, till they shall be Reconciled, and Converted to the Church of England, &c.

At the same time the Persons concerned shall Take the said Oaths, they shall make and subscribe a Decla­ration (in the Act specified against Transubstantiati­on) under the same Penalties and Forfeitures.

Provisoes for the Peerage, and other priviledges and profits of Peers; for Pensions granted upon valu­able considerations; for Estates of Inheritance gran­ted, for Pensions granted to persons Instrumental in the Kings preservation after the Battle at Worcester; for Offices of Inheritance, for Infants, Feme-coverts; per­sons bevond Sea, and Non compus Mentis, for Consta­bles, and such Inferior Officers.