Questions From the High Court of Parliament to the Iudges concerning Popish Recusants, together with the Iudges Resolutions to the same.
1 Question.
IF a Popish Recusant dwell in a liberty, as in the Cinque-ports, what course shall be taken for his Indictment?
Resolution.
Such a one may be indicted in the Kings Bench but upon such an indictment there can be no Proclamation; he may also be indicted at the Quarter or generall Sessions, but at the Assizes, for the County is the best where the generall Goale delivery is, if there be any quarter Sessions held within the liberty, he may be indicted there also.
2 Question.
If hee dwell in a place out of all Parishes, or in a decayed parish?
In this Case he ought to resort to the next Parish, or some other Parish Church, hee may be indicted of any Parish within their County.
3 Question.
If the Officers of the Parish cannot learne the Christian name, or sur-name of any Recusant, what is to be done?
Resol.
If the Master of the Family will not discover the Christian, or sur-name of those of his or their family as is fit, the Master or Mistris shall be bound to their good behaviour, and it is fit the next Iustice of Peace to the place suspected doe resort thither to know the true names, and they may be indicted by such names as they are known by, if other names be not found?
4. Quest.
If any be indicted of Recusancy, whether after indictment or before committing the Iustices of Assize or Iustices of the Peace in their Sessions cannot take knowledge of any conformity otherwise than upon their submission in open Court.
Resol.
By the Statute of 23. Eliz. a Popish Recusant may submit himselfe before the Bishop before the Indictment, but after the indictment there can be no knowledge taken of any conformity, but by submission in person in open Court.
5 Quest.
If any man happen to be indicted of Popish Recusancy, which is in truth a Brownist or Seperatist, what is to be done in such a Case, or whether the Record doe bind till conformity?
Resolution.
If such be indicted as a Popish Recusant there is no avoyding it but by conformity, but if the indictment be generall and Contra formam statuti, the statute of 29. Eliz. or denyeth severall punishments for them.
6. Question.
If a Recusant indicted and proclaymed would traverse the Indictment whether must he not first yeild his body to the Sher [...]ffe and tender his traverse in person and tender it in custody?
Resolution.
No traverse ought to be admitted unlesse the party indicted [Page 5] yeeld his or her body to the Sheriffe and appeare in person in custodie.
7. Quest.
If for absence for a month and he traverse for that time, if the traverse passe for the King whether that be not a conviction whereupon the King shall have twenty pound the moneth, or two parts of the Recusants lands, as well as if the Recusant bee proclaimed and make default?
Resolution.
If the traverse passe for the King upon evidence or by default, or if upon appearance hee will not plead and see judgement be given by nihil dicit. This is conviction as if it had beene upon proclamation.
8. Question.
Whether upon the traverse if it come to a tryall, it shall bee sufficient evidence to prove that the Recusant went once or twice to Church, or whether hee must not prove hee hath gone to his Parish Church, and hath gone every Sunday according to the statute of Prion Elizabeth, all the latter statutes referring to that Statute?
Resolution.
The comming to Church must be to his Parish Church, &c. and it must be once in every moneth to save the 20. pound the moneth or 2. parts of the Lands but it must be every Sunday to save them 12. pence the Sunday.
9. Question.
Whether if a Recusant be once convicted, and conform himselfe and his conformity be pleaded and judgment be given for that Recusant, and after hee fall into the rel [...]pse by for bearing to goe to Church, there need not any new indictment of conviction?
Reason.
He may be newly indicted at the assine; or Sessions, and then [Page 6] best to be speciall recyting the conformity and the relapse, and it may be also by pleasing in the Exchequer, whereupon issue may be joyned.
10. Quest.
Whether if such a Recusant convicted and relapsing dye before any questioning of him before his death, the forfeiture incurring in his life time be not wholy ruined, & that the arrearages may not wholy be put into charge, and levyed upon his lands or goods or both, who dyed in relapse, or whether there must be a Scire Fac. against the Executors and Tenants?
Resolution.
This is left to the course of the Exchequer, but an heire may conform and avoid it.
11. Quest.
If one obtaine a grant under the great Seal, of any Recusants lands or goods, and that the Recusant buy in that grant to himselfe or to his use, though originally it was granted to his use, whether this graunt be void, specially after a new conviction of the same party?
Resolution.
If a Recusant purchase in such a grant upon a new inquisition, or by a Bill in the Exchequer Chamber these are made subject to a new seizure, as of lands newly purchased by a Recusant.
12. Quest.
If a Recusant be indicted and proclaymed, and before conviction he yield up his body and plead not; what shall be done; and whether a nihil dicit may not be entred?
Resolution.
In this case a nihil dicit shall be entred if he will not plead after appearance, and that will be a conviction at the common Law.
13. Quest.
Whether if after proclamation a Recusant yield his body to [Page 7] the Sheriffe and plead what time the traverse ought to be tryed.
Resolution.
It ought to be tryed presently if the time we will permit, otherwise as soon as possibly can be.
14. Quest.
When a Recusant is convicted, and he imbeazeleth his goods before the commission be sent forth; or before it be set upon to enquire of his goods, what course may be taken to prevent it?
Resolution.
To prevent this, the Sheriffe shall do well by himselfe or his Bayliffe to put the owners out of possession to seize the goods of keeping them safely, and enquire of them after.
15. Quest.
If a married woman be convicted and her husband dye, whether she be not lyable to al the arrearages from the conviction.
Resolution
Shee is lyable to the whole arrearages if her husband, did not pay any part of the penalty for her during the coverture.
16. Quest.
Whether if she after become covert and marry againe, the second husband be not lyable to the payment of all the arrearages, and his own goods lyable thereunto?
Resolution.
If her estate be not seized before her second husbands marriage, the second husband is lyable to pay al the arrearages of 20. pound the moneth before his second marriage.
17. Quest.
If a Recusant sell, give, or devise Lands, whether the Conformity of Heire shall priviledhe the Lands of any?
Resolution.
The words of the Statute extend onely to the Heire, and the p [...]rchaser is not discharged unlesse he pay all the Arrearages.
18. Quest.
Whether a feme Covert convicted which by the Statute of 17. 1. [...]obi is to be committed without Baile, unles her husband pay 20. l. a moneth may by warrant be taken out of her house and carried to prison, or what course is to be taken for her commitment?
Resol.
She may be taken out of her house, and if the Sheriffe or other officer knock at the doore, it being shut, and they will not open it, they may breake it open.
The Papists that are lurking in this Common-wealth can never be too much discovered, for as they walke in the mists of ignorance, so likewise they are allwaies contriving some secret darke plotts, Hell and they conspire to plant againe their superstition, or else they cherish a hope by engaging this Kingdome into a civill warre, to reduce a Monarchy into an Antipathy against the Protestant Religion, their plotts are sufficient witnesses of their intentions continued since eighty eight, and now breaking forth into many places, especially inthe Northerne parts. Murder and bloody designes against the Protestants are Canoniz'd by them as meritorious Acts. It behooves therefore all well affected persons not only to know their persons, and to discover their abiding, but also to be informed how and in what manner they may by legall proceedings attach and bring them to deserved punishment, which by these questions propounded from the high Court of Parliament, and resolved by the Iudges may evidently appeare, as being grounded upon Law and giving satisfaction in severall cases against Popish Recusants, and necessary to informe the Iudgement of all well affected persons in such points.