for not regis the true intent of this statute, (taking for such bond six-pence and no more, and for the said oath no fee at all): which said customer Forfeiture and comptroller shall register and certify all and every such bond tering and and oath so taken, into the court of exchequer at Westminster once certifying. every year, upon pain of five pounds for every bond not so certified, and twenty shillings for every oath not so certified. Provided always, that this last mentioned branch shall not extend to any person or persons which are already gone or shall go beyond the seas to serve any foreign prince, state or potentate, before the tenth day of June next coming, for his said going or passing before the said tenth day of June. practice to withdraw any from to reconcile 23 Eliz. c. 1, XXII. And further be it enacted by the authority aforesaid, that Putting in if any person or persons at any time after the said tenth day of June absolve or shall either upon the seas or beyond the seas, or in any other place within the dominions of the king's majesty, his heirs and successors, obedience or put in practice to absolve, persuade or withdraw any of the subjects them to the of the king's majesty, or of his heirs and successors of this realm of pope. England, from their natural obedience to his majesty, his heirs or successors, or to reconcile them to the pope or see of Rome, or to move them or any of them to promise obedience to any pretended authority of the see of Rome, or to any other prince, state or potentate; that then every such person, their procurers, counsellors, aiders and maintainers, knowing the same, shall be to all intents adjudged traitors, and being thereof lawfully convicted shall have judgment, suffer and forfeit, as in cases of high treason. drawn or XXIII. And if any person as aforesaid, at any time after the said Being with tenth day of June shall be either upon the seas or beyond the seas, reconciled. or in any other place within the dominions of the king's majesty, his heirs or successors, willingly absolved or withdrawn as aforesaid, or willingly reconciled, or shall promise obedience to any such pretended authority, prince, state or potentate as aforesaid: that every such person or persons, their procurers and counsellors, aiders and maintainers, knowing the same, shall be to all intents adjudged traitors; and being thereof lawfully convicted shall have judgment, suffer and forfeit, as in cases of high treason. person tak XXIV. Provided nevertheless, that the last mentioned clause of A reconciled this branch, or any thing therein contained, shall not extend or being the oath. taken to extend to any person or persons whatsoever, which shall hereafter be reconciled to the pope or see of Rome as aforesaid, (for and touching the point of so being reconciled only) that shall return into this realm, and thereupon within six days next after such return, before the bishop of the diocese, or two justices of the peace jointly or severally of the county where he shall arrive, submit himself to his majesty and his laws, and take the oath set forth by act in the first year of the reign of the late queen Elizabeth, (commonly called the oath of supremacy) as also the oath before set down in this present act; which said oaths the said bishop and justices respectively shall have power and authority by this present act to minister to sect. 2. such persons as aforesaid: and the said oaths so taken, the said bishop and justices before whom such oaths shall be so taken respectively, shall certify at the next general or quarter sessions of the peace to be holden within the said shire, limit, division or liberty Eliz. c. 1. pealed by which is re 1 W. & M." sess. 1, c. 8, Where the wherein such person as aforesaid shall submit himself and take the said oaths as aforesaid, upon pain of every one neglecting to certify the same as aforesaid, the sum of forty pounds. XXV. And be it further enacted, that all and every person and trial shall be. persons that shall offend contrary to this present branch of this statute, shall be indicted, tried and proceeded against by and before the justices of assize and gaol delivery of that county for the time being, or before the justices of the court of king's bench, and be there proceeded against according to the laws and statutes of this realm, against traitors, as if the said offence had been committed in the same county where such person or persons shall be so taken; any law, custom or statute to the contrary in anywise notwithstanding. Peers. repairing to church weekly. XXVI. Provided always, that if any peer of this realm, shall happen to be indicted of any offence made treason by this act, he shall have his trial by his peers as in other like cases of treason is accustomed. XXVII. And be it further enacted, that if any subject of this realm at any time after one month next after the end of this present session of parliament, shall not resort or repair every Sunday to some church, chapel or some other usual place appointed for common prayer, and there hear divine service according to the statute made 1 Eliz. c. 2. in that behalf, in the first year of the reign of the late queen Elizabeth, that then it shall and may be lawful to and for any one justice of peace of that limit, division or liberty, wherein the said party shall dwell, upon proof unto him made of such default by confession of the party or oath of witness, to call the said party before him; The forfei- and if he or she shall not make a sufficient excuse and due proof ture for not thereof, to the satisfaction of the said justice of peace, that it shall be lawful for the said justice of peace to give warrant to the churchwarden of the said parish wherein the said party shall dwell, under his hand and seal, to levy twelve-pence for every such default, by distress and sale of the goods of every such offender, rendering to the said offender the overplus of the money raised of the said goods so to be sold: and that in default of such distress, it shall and may be lawful for the said justice of peace to commit every such offender to some prison within the said shire, division, limit or liberty, wherein such offender shall be inhabiting, until payment be made of the said sum or sums so to be forfeited; which forfeiture shall be employed to and for the use of the poor of that parish wherein the offender shall be resident or abiding at the time of such offence committed. XXVIII. Provided, that no man be impeached upon this clause, fender shall except he be called in question for his said default within one month be impeached next after the said default made. Within what time the of But once one offence. XXIX. And that no man being punished according to this punished for branch, shall for the same offence be punished by the forfeiture of twelve-pence, upon the law made in the first year of the late queen Elizabeth. A repeal of two branches XXX. And because in one act of parliament begun and holden of the stat. of at Westminster in the five and thirtieth year of the late queen Eliza35 Eliz. c. 1, beth, intituled, an act to retain the queen's majesty's subjects in their due obedience, there are two branches contained, the first beginning sect. 8. thus: (and for that every person having a house or family, is in duty bounden to have especial regard of the good government and ordering of the same') and so forth to the next clause beginning thus, (provided nevertheless, that this act shall not in anywise extend to punish or impeach any persons for relieving,' &c. ending with these words, any thing in this act contained to the contrary notwithstanding') which said two branches or clauses are found defective: XXXI. Be it therefore enacted, that the said two branches or clauses of the said act, and no more shall be by authority of this present parliament utterly repealed and made void. keeping a re XXXII. And in lieu thereof be it enacted, that every person and Relieving or persons, which after one month next after the end of this present cusant in his session of parliament shall willingly maintain, retain, relieve, keep or harbour in his or their house, any servant, sojourner or stranger, who shall not go to, or repair to some church or chapel, or usual place of common prayer, to hear divine service, but shall forbear the same by the space of one month together, not having a reasonable excuse, contrary to the laws and statutes of this realm, shall forfeit ten pounds for every month that he, she or they shall so relieve, maintain, retain, keep or harbour any such servant, sojourner or stranger in his or their house, so forbearing as aforesaid. recusant in XXXIII. And that every person which shall within the time Retaining a aforesaid, retain or keep in his, her or their service, fee or livery, his service, any person or persons, which shall not go to, or repair to some fee or livery. church, chapel or usual place of common prayer to hear divine service, but shall forbear the same by the space of one month together, shall forfeit for every month, he, she or they shall so retain, keep or continue is his, her or their service, fee or livery, any such person or persons so forbearing as aforesaid, knowing the same, ten pounds; the same penalties to be recovered and employed in manner and form hereafter following. The father, mother, ward by authority. XXXIV. Provided nevertheless, that this act shall not in anywise extend to punish or impeach any person or persons for maintaining, &c. person retaining, relieving, keeping or harbouring his, her or their father or committed mother, wanting, without fraud or covin, other habitation, or sufficient maintenance, or the ward of any such person, or any person that shall be committed by authority to the custody of any by whom they shall be so relieved, maintained or kept; any thing in this act contained to the contrary notwithstanding. a recusant cate. XXXV. And be it further enacted by authority of this present Breaking a parliament, that upon any lawful writ, warrant or process awarded house to take to any sheriff or other officer, for the taking or apprehending of excommuniany popish recusant standing excommunicated for such recusancy, it shall be lawful for such sheriff or other officer authorized in that behalf, if need be, to break open any house wherein such person excommunicate shall be, or to raise the power of the county, for the apprehending of such person, and the better execution of such warrant, writ or process. courts the XXXVI. And be it further enacted, that all and every offence to In what be committed or done against this present act, shall and may be offences shall inquired of, heard and determined before the justices of the king's determined. be heard and Attainder of felony, no dower, or corruption of blood. bench, justices of assize and gaol delivery in their several assizes and gaol deliveries; and all offences other than treason shall be inquired, heard and determined before the justices of peace in their general or quarter sessions to be holden within the shire, division, limit or liberty wherein such offence shall happen. XXXVII. Provided always, and be it enacted by the authority forfeiture of aforesaid, that any attainder of felony made felony by this act as is aforesaid, shall not in anywise extend to take away the dower of the wife of any such person attainted, or be any bar for the recovery of the same, nor shall make or work any corruption of blood, or disherison of any the heir or heirs of any such person or persons so attainted; this act, or any thing therein contained to the contrary in anywise notwithstanding. The plea to an action brought for doing any thing by force of this statute. The authority of the ecclesiastical ed. XXXVIII. And be it further enacted, that if any action or actions shall at any time hereafter be commenced or brought against any person or persons doing, committing, or commanding any act or thing, for or concerning the execution of this present statute, or any article or clause therein contained; that then every defendant in such action or actions, may plead the general issue, and be received to maintain the same by any evidence that shall prove his doings and proceedings warrantable by this law. XXXIX. Provided always, that neither this act, nor any thing therein contained, shall extend to take away or abridge the authocourt reserv-rity or jurisdiction of the ecclesiastical censures, for any cause or matter, but that the commissioners of his majesty, his heirs and successors, in causes ecclesiastical, for the time being, and the archbishops, bishops, and other ecclesiastical judges, may do and proceed, as before the making of this act they lawfully did or might have done; any thing in this act to the contrary in anywise notwithstanding. No forfeiture for the wife's offence. Who may take the oath of a noble man or woman. XL. Provided always, and be it enacted, that no person shall be charged or chargeable with any penalty or forfeiture by force of this act, which shall happen for his wife's offence in not receiving the said sacrament during her marriage, nor that any woman shall be charged or chargeable with any penalty or forfeiture by force of this act, for any such offence of not receiving, which shall happen during her marriage. XLI. Provided also, and be it enacted by the authority of this present parliament, that in all causes where any bishop or justices of the peace may by force of this act require and take of any subject the oath above mentioned, that the lords of the privy council for the time being, or any six of them, whereof the lord chancellor, lord treasurer, or the principal secretary for the time, to be one, shall have full power and authority by force of this act, at any time or times, to require and take the said oaths before mentioned, of any nobleman or noblewoman (then being above the age of eighteen years); and if any such nobleman or noblewoman (other than 16 R. 2, c. 5. women married) shall refuse to take such oath or oaths, that in every such case, such nobleman or noblewoman shall incur the pain and danger of a premunire. Who shall take the oath XLII. Provided also, and be it enacted by the authority of this in the cinque parliament, that where any person or persons shall go or pass out of ports. the cinque ports, or any member thereof, to any parts beyond the seas, to serve any foreign prince, state or potentate, that in every such case, the lord warden of the cinque ports for the time being, or any person by him in that behalf appointed, or to be appointed, shall have full power and authority by virtue hereof, to take the bond, and minister the oath to such passengers as is above mentioned. Burn v. 2, 3 JAMES 1, CAP. 5.-An act to prevent and avoid dangers which grow by popish recusants.-Whereas divers jesuits, seminaries and popish priests daily do withdraw many of his majesty's subjects from the true service of Almighty God, and the religion established within this realm, to the Romish religion, and from their loyal obedience to his majesty, and have of late secretly persuaded divers recusants and papists, and encouraged and emboldened them to commit most damnable treasons, tending to the overthrow of God's true religion, the destruction of his majesty and his royal issue, and the overthrow of the whole state and commonwealth, if God of his goodness and 1 Haw. P, C. mercy had not within few hours before the intended time of the c. 22. execution thereof, revealed and disclosed the same; wherefore to 309, &c. discover and prevent such secret damnable conspiracies and treasons as hereafter may be put in ure by such evil disposed persons, if remedy be not therefore provided; be it enacted by the king's most excellent majesty, the lords spiritual and temporal, and the commons, in this present parliament assembled, and by the authority of the same, that such person as shall first discover to any justice of The reward peace, any recusant or other person which shall entertain or relieve discovereth any jesuit, seminary or popish priest, or shall discover any mass to a priest or have been said, and the persons that were present at such mass, and 2 Roll 437. the priest that said the same, or any of them, within three days next after the offence committed, and that by reason of such discovery any of him who mass. shall not II. And whereas the repair of such evil affected persons to the A recusant court, or to the city of London, may be very dangerous to his ma- come to the jesty's person, and may give them more liberty to meet, consult and court. plot their treasons and practices against the state, than if they should |