An Abridgement OR A Summary Account of all the Statute Laws of this Kingdom made against Jesuits Seminary Priests and Popish Recusants drawn up for the benefit of my dear Protestant Country men and specially of the Juries of England who in pursuance of his Majesty's Proclamation published at the request and desire of the two Houses of Parliament are to Present and Indict all Jesuits Priests and Popish Recusants according to the tenor and effect of the said Statute Laws and of the said Proclamation Done by a Protestant to inform such of his fellow Subjects that are ignorant of these Laws and would be willing to do their duties where and when the Laws enjoin them thereto Principiis obsta Serò medicina paratur Cum mala per longas convaluere moras Serò Sapiunt Phryges' London Printed in the Year 1666. Protestant Reader THou hast here an Abridgement of our Parliamentary Laws against Jesuits Priests and Popish Recusants a people unquiet always where they have not their Wills or rather the will of their Romish Prelate and his under-fry of Popish Priests etc. for a common Papist is nothing else but Pars animata Domini Papae And as it is a true Rule in the Civil Law touching Servants or Children Velle non creditur qui obsequitur imperio patris vel Domini So it is most true touching most Papists their Souls are acted by and tacked to the Dictates and will of their Supreme Priest or false Prophet else why should his Canon Lawyers so sordidly affirm as they do & have long ago done in Print Omnia Jura sunt in scrinio pectoris Papae & Papa in omnibus juribus humanis dispensare potest & in quibusdam Divinis But I shall not trouble the Reader with such dirty Assertions as his Canonists and other Writers touching his pretended Authority do and have made public As for my saying That they are unquiet it is too true the Reigns of Queen Elizabeth King James and King Charles' the first all testify it and his present Majesty in His Royal Proclamation calls them Insolent I wish they were not so for their own sakes as well as us Protestants But I will travel no further into this Coast only I desire the Reader to observe these two things in reading this Abridgement 1. That he take this Paper as an Abridgement of the Statute and not the whole Statutes and therefore let him resort to the Statutes themselves for fuller information though here he hath the substance of every of the Statutes against Recusants 2. That he be not offended with the Abridger for the Repetitions of things in later Statutes that are mentioned in former Statutes it pleased the Parliament to do so and why may not the Abridger do so too And besides where such Repetitions are the latter Statutes for the most part enlarge the former Laws either in the preceptive or penal part of them I have no more to say to thee but to desire thee to take my pains in good part for it is for my Country's good I have done it what ever the Romish party may think on the contrary side Farewell J. R. TO THE Popish Readers GENTLEMEN IT is not your prejudice that is designed by this Paper but the Protestants safety and security Yea the security of our King our Parliaments our Religion and the whole Kingdom Experience hath dearly taught England that there was little safety to it or security to Protestant Professors when your Religion Triumphed Our Histories are too full of your cruelties to those that were contrary minded to you touching the pretended Authority of your Pope Matthew Parish an Historian of your own Religion and many others since have given us an account of the many Usurpations of the Papal Chairs over the Kings of England Object But for all this I yet expect you will Object Why should we be thus severely punished for our Consciences No man ought to be punished for his Conscience Answ. 1. To this Objection I shall give you these answers for the present 1. This was your Predecessors complaint ever since the beginning of the Reformation in Queen Elizabeth's time even then when your Predecessors were plotting and endeavouring to take away her life witness Doctor Parry Parsons and many others designs against her by the directions and countenance of your Romish Prelate as our Histories tells us Is this Conscience No rational man can affirm it 2. If you will take the pains to look into a Book called the Cabbala or Secrets of State Cabbala or the Secrets of State being a Book published in the late troublesome times you will there find a Letter from Walsingham Secretary to Queen Elizabeth to Mounsieur Le Croy than Secretary of France in answer to the like Objection or Question of the said Secretary on behalf of the Papists of those times viz. Why should the Romish Catholics of England be so severely handled as they then were by her Laws for their Consciences Walsingham answers him to this effect as far as my memory serves me to remember for I have not the Book by me 1. That the Queen punished none of the Papists for their Consciences for this was a Rule with her That Conscience is not to be forced but to be rectified and reduced by the help of all good means and instructions and by the aid of time 2. Another Rule that she also observed was to this effect That if men who pretended Conscience did grow Seditious and disturb the Government than it was no more Conscience but the Civil Magistrate might punish such people notwithstanding their pretended Consciences and shows him the many disturbances the Papists attempted against the Queen's government and designs against her person which was the cause of her making so severe Laws and I think none of you can deny the truth and wholesomeness of these Rules against your pretended Consciences 3. But to add one answer more to these of Walfinghams' against your pretended Conscience Do you not all hold it as a certain principle that the Pope is superior to all the Kings in the World in Spirituals even in their own Kingdoms And so by consequence to the King of England And do you not hold that in ordine ad Spiritualia he may cause Insurrections to be raised in any King's Dominions and Excommunicate and depose Kings etc. And are not you bound to do what ever he commands you in order to Spirituals Nay have not your Ancestors by their practices verified these things Every understanding man that knows aught of your Religion and practise of your Ancestors knows this to be true Is this Conscience Is not this high Treason by the Laws of most Princes in the World who make Laws but according to mere Reason Is it not most certain that no other sort of Professions or Religions in the known world holds this wicked Principle but yourselves and will you alone call this Conscience away with such pretensions take but the Oath of Supremacy and you will clear us of the great and certain fears had by all the Parliaments of England and all sober men for above fourscore years' last passed That you are more faithful to the Pope then to our English Kings and Government Else you must let us still believe you are Factious and not Conscientious Do therefore but conform to the English Laws and Government and you will quickly be in the same liberty and security with the rest of his Majesty's Subjects Farewell J. R. An Abridgement or Summary account of all the Statute-Laws of this Kingdom made against all Jesuits Seminary Priests and Popish Recusants drawn up for the benefit of my Country men and of the Juries of England who in pursuance of his Majesty's Proclamation published at the Request of the two Houses of Parliament are to Present and Indict all Jesuits Priests and Popish Recusants according to the Tenor and effect of the said Statutes and Proclamation 1. BY the Statute of 1o. Eliz. cap. 1. 1 Eliz. cap. 1. Foreign Potentate not to exercise power in the Queen's Dominions No Foreign Potentate or other person shall exercise any Ecclesiastical Power in the Queen's Dominions but she and her Successors may by Letters Patents authorise any Subject born to exercise the same 2. For the better observance of this Act Officers Temporal and Ecclesiastical every Ecclesiastical and Temporal OFFICER and such as take Degrees in the University and all the Queen's Servants are enjoined to take the Oath of Supremacy recited in haec Verba in this Statute to which because it is long you are referred 3. He that refuseth this Oath if he be in any Office Refusing the Oath 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. If any have a Temporal Office of Inheritance Oath and at first refuse this Oath but afterwards shall take it he shall be restored 5. None shall maintain the jurisdiction of any Foreign Prelate or Potentate in the Queen's Dominions Penalty of maintaining any Forregn Potentates power etc. upon pain of forfeiting all his Goods and Chattels and if he be not worth twenty pounds at the time of his Conviction Praemunire is to be put out of the King's protection and to forfeit all his Goods & Chattels and all lands in Fee Co. 1. Justit f. 129. b. 130. a. he shall forfeit all he hath and suffer a years imprisonment without Bail and for the second offence 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 months else the Offender to be set at liberty Conviction 6. A Clergy man beneficed upon the first Conviction for such offence shall lose his Spiritual promotion Peer 7. A Peer of the Realm guilty of such offence is to be tried by his Peers 8. No persons to be Indicted or Arraigned for the aforesaid offences Witnesses but by two or more sufficient witnesses produced viuâ 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 etc. he had notice of the offence committed 5. Eliz. cap. 1. 1. By this Statute of 5 Eliz. None shall maintain the Jurisdiction of the Bishop or Sea of Rome within any of the Queen's Dominions upon pain that they and their Accessaries shall incur a Praemunire Who may have Oyer and Terminer of these Offences 2. Justices of Assize Justices of the Peace in Sessions or any two of them whereof on of the Quorum have power to hear and determine this offence and to certify the presentments into the King's Bench within a time limited in the Statute on pain of a hundred pound and Justices of Assize have power as well upon such Certificate as also before themselves to hear and determine such Offences Persons that must take the Oath of Supremacy 3. 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 Schoolmasters public and private all that take degrees of Learning in the Laws in the Inns of Court or Chancery all Attorneys Protonotaries Philizers Escheators etc. 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 Praemunire 4. 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 Archbishops and Bishops have power in their proper Dioceses to minister this Oath and the Lord Chancellor or Keeper without further Warrant may grant Commission to tender it 6. All persons impowered to tender this Oath Certificate of refusal are to certify 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. Those that refuse this Oath upon second Tender Second offence 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 forfeiture of Dower or prejudice to others beside the Offender etc. Alms. But none shall be punished as accessary for giving Alms without fraud to the Offender 8. This Act is to be published at every Quarter-Sessions When this Act is to be published and where at every Leet and every Term in open Hall in the Inns of Court and Chancery by the persons appointed thereto 9 Every Member of the Commons House Members of the Com. House is to take this Oath before he sit in Parliament before the Lord Steward or his Deputy 10. None of or above the degree of a Baron is compellable to take this Oath but a Peer offending herein Barons and Peers 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 Clergymen Officers of Ecclesiastical Courts such as shall not observe the Rites of the Church of England etc. Mass or do say or hear Private Mass 1. By this Statute All that obtain or put in ure any Bull of Absolution or Reconciliation from the Church of Rome or absolve 13 Eliz. cap. 2. Bulls from Rome or be absolved thereby both they and their Accessaries before the fact shall be adjudged guilty of high Treason 2. Their Comforters and Maintainers shall incur a Praemunire Comforters Maintainers Concealers and their Concealers misprision of Treason unless within six weeks they discover them to some Privy Counsellor etc. 3. If any bring into the Queen's Dominions any Agnus Dei Agnus Dei Crosses etc. 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 a Praemunire but if the person to whom the tender is made apprehend the person tendering it and bring him before a Justice of Peace or being unable so to do shall within three days disclose his name and abode or resort unto the Ordinary or some Justice of Peace within the same County or having received the same do within three days deliver it to some Justice of Peace he shall incur no prejudice by this Act. Justices of Peace Privy Counsel 4. The Justice of Peace shall disclose the Offences aforesaid to the Privy Counsel within fourteen days after notice to him upon pain of Praemunire 23. Eliz. cap. 3 Withdrawing the Subjects from their obedience 1. By this Statute it is high Treason to have or pretend to have power or to put in practice to absolve persuade or withdraw any person within the Queen's Dominions from their natural Obedience to the Queen and her Successors or to withdraw them for that intent from the Religion now established to the Romish Religion and they also who shall be so withdrawn wilingly together with their Procurers and Counsellors shall be guilty of the same offence Aiders and maintainers 2. Their aiders and maintainers who discover them not within ten days to some Justice of Peace or higher Officer shall be adjudged guilty of Misprision of Treason Saying Mass 3. None shall say or sing Mass on pain of two hundred Marks and suffer one years' Imprisonment and not to be enlarged till the fine be paid Hearing Mass And none shall hear Mass on pain of a years Imprisonment and an hundred Marks Forfeitures 4. 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 Covenous Grants 5. All covenous grants to avoid the Queen's Interest or other persons that may claim by this Act or 13. Eliz. cap. 2. shall be adjudged void 27. Eliz. cap. 2 1. By this Statute all Jesuits Seminary Priests or any Ecclesiastical persons born within the Queen's Dominions and ordained or made such by the pretended Jurisdiction of the Sea of Rome which come into Jesuits etc. The receivers aiders etc. or remain in any of the said Queen's 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 Persons brought up in Seminaries beyond Sea 2. All others brought up in Seminaries beyond Sea and not as yet in Orders as aforesaid which do not within six months after Proclamation made in London in that behalf return into this Realm and within two days after their return before the Bishop of the Diocese 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. They who give or send relief to any such Ecclesiastical Person or Seminary or to any brought up there as aforesaid Sending relief to such Seminaries shall incur a Praemunire 4. Where the Offences are punishable These Offences are to be heard and determined in the King's Bench or in the County where they shall be committed or the Offender taken 5. This Act not to extend to any Jesuit etc. as aforesaid Submission who within three days after his arrival shall submit himself to some Archbishop 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 Majesty's Laws 6. He that knows a Jesuit or Priest The penalty of knowing a Jesuit or Priest and concealing him to remain within any the Queen's 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 days after disclose it to some of the Privy Council etc. shall forfeit two hundred Marks 7. All Oaths and Submissions etc. as aforesaid Oaths Submissions etc. to be certified shall be certified into Chancery by the party before whom they are taken within three months on pain of an hundred pounds 8. None submitting as aforesaid Those that submit not to come to Court within ten years or within ten miles of it 29. Eliz. cap. 6 Grants of Papists shall within ten years after come within ten miles of the Court on pain to lose the benefit of his submission 1. By this Statute the Grants and Encumbrances or limitation to uses made by Papists not coming to Church according to the 23. Eliz. cap. 1. and which are revocable 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 etc. to hinder her for the forfeiture of their not coming to Church or saying 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 etc. 2. The Queen may seize two parts of the Goods Two parts of the Goods and third part of the Lands of Papists 35. Eliz. cap. 2 Papists after Conviction to repair to their dwellings and two third parts of the Lands of such Popish Offenders as shall not after their Conviction pay into the Exchequer twenty pounds a month 1. By this Act all Popish Recusants above sixteen years Old shall within forty days 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 abode they are to repair where they were born or where their Fathers and Mothers dwell and within twenty days after their arrival there to give in their Names to the Constables Headborroughs and Minister and the Minister is to keep a Book of their names and he and the said Constables and Headborroughs to certify the same to the quarter Sessions etc. Coppyholder Papist 2. A Coppyholder in this case shall forfeit his Estate for life if it continue so long to the Lord of the Manor if no Recusant Convict or seized or possessed to the use of a Recusant but if so than the Queen etc. shall have it Those that after Conviction will not repair to their dwellings etc. shall abjure the Realm 3. 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 abode or doth depart above five miles thence or within three months after his arrival there doth not make the submission following hereafter being required so to do by the Bishop a Justice of Peace or the Minister there shall before two Justices of the Peace or the Coronor abjure the Kingdom which abjuration they are to certify to the next Assizes or Goal-delivery If he depart not he shall be a Felon without Clergy 4. If the Popish Recusant depart not the Realm within the time limited by the said Justices or Coronor or return without the Queen's Licence he shall be adjudged a Felon without benefit of Clergy Jesuit refusing to answer This Act not to extend to those that are urged by process of Law etc. 5. A Jesuit or Priest refusing to answer shall be committed to Prison till he answer etc. 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 tender his body to the Sheriff The effect of the submission 5. The effect of the submission whereby they may avoid these penalties is That the Popish Recusant submitting do acknowledge and testify in his Conscience that the Bishop and Sea of Rome hath not nor aught to have any power or authority over her Majesty within any of her Dominions etc. But the Reader is referred to the Statute to see the submission at large Minister of the Parish is to enter submissions in a Book 6. The Minister of the Parish where the submission is taken shall presently enter it into a Book and within ten days certify it to the Bishop of the Diocese and if the Offender after such submission shall fall to a relapse he shall have no benefit of his submission Married Women 7. Evety married Woman shall be bound by this Act save only in the case of Abjuration 1. Jac. cap. 1 1. By this Statute all the former Statutes of Queen Elizabeth are confirmed and appointed to be put in due execution 2. Where the Ancestor dies a Recusant the Heir being none The Ancestor dying a Papist the Heir being none etc. or conforming himself and taking the Oath of Supremacy before the Archbishop etc. he shall be freed from all the penalties in the aforesaid Statutes 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. None shall send any Child Children or others sent beyond Sea to be trained in Popery 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. No Child or Woman under 21. Who may pass beyond Sea etc. years of age except Saylors Ship-boys Merchants-Factors or Apprentices shall be suffered by Officers of Ports to pass beyond Sea without the King's Licence or Warrant of six Privy Counsellors under their hands upon pain of the said Officers forfeiting their Offices etc. And the forfeitures by this Act are to be divided between the King and the Prosecutor See the Statute of 3. Jacobi cap. 5. Touching Soldiers and Mariners passing beyond Sea vide infra 1. By this Act The Recusant that conforms 3. Jac. cap. 4. must within one year after his conformity and so once every year at least receive the Sacrament on pain to forfeit for the first offence twenty pounds Sacrament for the second forty pounds etc. 2. These forfeitures to be recovered before Justices of Peace in their Sessions or in any Court of Record Forfeitures and to be divided between the King and Prosecutors The Churchwardens and Constables of every Parish or one of them or if there be none such Presentments to be of the monthly absence of Papists from Church 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 entered by the Clerk of the Peace or Town-Clerk on Record without Fee on pain of 40 s. for every default 4. If the Recusant be convicted upon such presentment Officers Fees for presenting Recusants the Officer presenting him shall have 40 s. out of the said Recusants' Estate by order of the Justices of Peace Who have power to punish Recusants 5. 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 Church according to this and former Laws and Statutes and to make Proclamation that they shall tender themselves to the Sheriff or Bailiff 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 Recusants' forfeitures after first Conviction for not coming to Church 6. 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 happening after their Conviction their forfeitures then due at the rate of 20 l. per month and yearly after that in the same 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 Conviction to be certified into the Exchequer 7. 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 etc. Twenty pounds a month or two thirds of Recusants' lands except the Mansion house etc. 8. 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 King's Lessee of the said two parts is to give security not to commit waste 9 The Bishop of the Diocese or two Justices of the Peace one being of the Quorum may out of Sessions tender the Oath of Allegiance mentioned in haec verba Oath of Allegiance in this Act to which the Reader is referred to any person being eighteen years of age except Noblemen ☜ and Noble-women which stand Convicted or Indicted of Recusancy etc. or passing through the Country and examined on Oath confesseth or at least denyeth not that he or she is a Recusant and the Bishop or Justices are to certify the Premises and the name and abode 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 there to take it again they incur a Premunirae Praemunire Women Covert except Women Covert who in that case are to suffer Imprisonment till they take it Names to be subscribed 10. If they take the Oath they are to subscribe their Names or Marks & no Indictment against such as are Recusants shall be reversed for lack of form but only by direct Traverse Indictment not to be reversed for want of form Who shall go out of the Realm to serve a Foreign Prince But if they conform they may be admitted to traverse or discharge it 11. None shall go out of the Realm to serve any Foreign Prince or State without taking the said Oath of Allegiance and if he have born Office as a Soldier he shall also enter into Bond to the King's 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 Bond. 12. The Customers or Comptrollers of Ports only Customers and Comptrollers of Ports to take Bonds and their Deputies may take such Bonds and minister the said Oath in this case which they are every year to certify into the Exchequer the Bond on pain of five pounds and the Oath on pain of twenty shillings 13. Withdrawing Kings Subjects from their obedience High Treason To absolve or withdraw the King's Subjects from their Natural Obedience to reconcile them to the Sea of Rome or to move them to promise it etc. or to be absolved withdrawn reconciled or make promise as aforesaid is high Treason 14. This Clause of Reconcilement as to the point of reconcilement only shall not extend to any that shall return into the Realm Reconciliation and within six weeks after shall before the Bishop etc. submit himself to the King and his Laws and take the Oaths of Supremacy and Allegiance 15. The Sheriff upon a lawful Writ Excommunicate Recusants' Action against an Officer for doing his duty etc. may justify to break a house for taking an Excommunicate Recusant 16. If an Action be brought against an Officer for execution of this Act he may plead the General Issue and give the special matter in evidence 17. None shall be punished for his Wife's offence Wife's Offence nor shall a married Woman be chargeable with any penalty or forfeiture by force of this Act. 18. Six of the Privy Counsel whereof the Chancellor Oath of Allegiance Noble men & Noble Women 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 The Warden of the Cinque-Ports or some by his appointment shall take the Bond and minister the Oath aforesaid Warden of Cinque Ports to any person passing beyond Sea out of them i. e. the Cinque-Ports or any of their Members 1. By this Statute He that within three day's notice discovers to a Justice of Peace any that entertains a Popish Priest 3. Jac. cap. 5. 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 and fifty then only fifty pounds thereof to be paid him by the Sheriff who shall levy the same Convicted Recusants not to come to Court on pain of an 100 l. Convict Recusants not to be in London or ten miles of it unless he be a Tradesman on pain of 100 l. 2. 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. 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 Conviction or Indictment depart thence and shall deliver their names if in London to the Lord Mayor there and if in the Country to the next Justice of the Peace 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 Licence must be procured by a Recusant to go about his occasions etc. 4. 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 makes Oath of the true reason of his Journey and that he will make no needless stay No Convict Recusant may practise Law Physic etc. or bear Office in any Castle etc. 5. No Convicted Recusant shall practise the Common Law Civil Law Physic or the Art of the Apothecary or be an Officer of or 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 Popish Recusant Convict or whose Wife is such may not bear Office etc. 6. No Popish Recusant Convict or whose Wife is a Popish Recusant Convict shall exercise any public 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 What a married Woman being a Recusant Convict shall forfeit 7. A married Woman being a Popish Recusant Convict her Husband being none that doth not conform herself as aforesaid by the space of one whole year before her Husband's death shall forfeit two thirds of her Dower or Jointure and shall be uncapable of being Executrix or Administratrix to her Husband or enjoying any part of his Goods 8. A Popish Recusant after Conviction A Popish Recusant Convict shall be an Excommunicate Person to all intents till he conform shall be to all intents reputed as a person Excommunicate until 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 King's hands 9 A Popish Recusant Convict Popish Recusant Convict must be married by a lawful Minister in open Church on pain of 100 l. married otherwise then in open Church by a lawful Minister according to the Church of England shall not be Tenant by the Courtesy A Woman also in this case shall lose her Dower Jointure Widows Estate and all her Husband's Goods and where a Man cannot be Tenant by the Courtesy he shall forfeit an hundred pounds to be divided between the King and Prosecutor 10. Every Popish Recusant Their Children to be Baptised by a lawful Minister on pain of an 100 l. within a month after the Birth of his Child shall cause it to be Baptised by a lawful Minister on pain of an hundred pounds if he outlive 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. Every Popish Recusant is to be Buried in the Church They must be buried in the Church or in the Churchyard on pain of 20 l. or Churchyard 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. A Child being no Soldier Mariner Merchant Who may go beyond Sea and upon what Licence etc. or Apprentice or Factor to a Merchant shall not be sent or go beyond Sea without the King's 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 The penalties of going beyond Sea etc. without Licence where his Parents do or did dwell And in the mean time the next of Kin being no Papist shall enjoy his Lands and Goods but shall be accountable to the other in case he afterwards conform as aforesaid and he that so goes out of the Realm shall forfeit an hundred pounds to be divided as aforesaid 13. A Popish Recusant Convict Chancellor etc. of both Universities shall present to the benefice of a Recusant Convict shall be disabled to present to a Benefice but in his stead the Chancellor and Scholars of the Universities of Cambridge and Oxford shall present within several Counties respectively as by this Act is at large set forth 14. A Popish Recusant Convict shall not be an Executor Convict Papist may not be Executor etc. Administrator or Guardian None may bring from beyond Sea or Print or Sell Popish Books etc. 15. None shall bring from beyond Sea Print Sell or Buy any Popish Primmars Ladies Psalters Manuals Rosaries Portals Legends or Lives of Saints in what Language soever they shall be Printed or Written nor any other Superstitious Books written in the English Tongue one pain to forfeit forty shillings for every such book to be divided as aforesaid 16. Two Justices of Peace and all Mayors Bailiffs 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 Power to search Convict Papists Lodgings for Popish Books and Relics for Popish Books and Relics and to lurn 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 The Armour of Recusants Convict to be secured and those that refuse to deliver them to be punished etc. 17. 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 than such Weapons as shall be allowed him by the said Justices for defence of his house against Thiefs etc. which Armour etc. shall be kept at the costs of such Recusant in such places as the said Justices shall appoint and showed at every Muster as his Arms together with his Horse which he shall buy provide and maintain for that purpose according 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 Peace of that County be imprisoned for three months without Bail ● Jac. cap. 6. Oath of Obedidience 1. 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 Barons and Barronesses convicted of Recusancy who may tender this Oath to them 2. 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 he be a convicted person under those degrees or if the Minister petty Constables Who to a common person or Churchwardens of any Parish or any two of them shall complain to any Justice of the Peace of any person suspected of Recusancy than 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 Praemunire they shall incur a Praemunire except Women Covert who shall only be Imprisoned in this case and there remain without Bail until they take the said Oath 3. None refusing the said Oath The penalty of refusing the 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 Physic Lawyers etc. refusing it Chirurgery the Art of Apothecary or any liberal Science for Gain 4. If a Married Woman be a convicted Recusant A married woman convicted of Recusancy her penalty and do not conform within three months after conviction she shall be committed to Prison by a Privy Counsellor or the Bishop of the Diocese if she be a Baroness but if of a lower degree than she shall be committed by two Justices of Peace whereof one of the Quorum and there remain until she conform unless the Husband shall pay to the King for his Wife's offence ten pounds for every month or yield a third part of all his Lands at the choice of such Husbands 5. None shall go himself The penalty of going beyond Sea or sending any thither to be trained in Popery or sending relief to them 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 Relious house there on pain after conviction thereof to be made unable to prosecute any Suit in any Court of Equity to be Committee 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. By this Statute the Statute of 1. Jac. cap. 1. 3. Car. l. cap. 2. is to be put in due execution 2. None of the King's Subjects shall pass or go The like penalty as in the next preceding Statute for sending or going beyond Sea to be trained in Popery etc. or shall convey or send or cause to be conveyed or sent any Children or other person out of any the King's Dominions into any parts beyond the Seas out of the King's obedience to the intent to be resident and trained up in any Popish Society School or Family or instructed in the Popish Religion in any 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 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 Plant or Information in Law or Prosecute any Suit in Equity etc. As in the next precedent Statute here abstracted and abridged This is the Sum and substance of all the Statute-Laws against Jesuits Priests and Popish Recusants which for the benefit of my Country men I have abstracted out of the large Volumn of the Statute-Books and here brought them to this narrow compass but read them at large for thy better satisfaction Farewell FINIS