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Stat. I.e. 18.



Hob. 205.
11 Co. 56.
Cro. Jac.480.

1 KoU. 89, 92.
Lane 60, 91.
Bridg. 120.

2 Biilstr. 324.

3 Bulstr. 87.



The for-
feiture for
keeping- of
a school-
master
not repair-
ing to the
church, or
not alloweil
by the ordi-
nary'.



Ecclesias-
tical cen-
sures.



27 ELIZABETH.



Cap. II.



An act against Jesuits, seininary priests, and otlier s'ach like
disobedient perso7is.

Where divers pei'sons called or professed Jesuits, seminary priests
and other priests, u-hich have been, and /rom time to time are made
in the jxcrts beyond the seas, by or according to the order and rites
of the Romisli Church, have of late years comen and been sent,
and daily do come and are sent, into this realm of England a7id
other the Q}iecn\s majesty's dominions, (2) of ])nrpose (rfs it hath



Jesuits and
priests iu
England
shall depart,
and none
shall come
into this
realm. The
penalty for
relieving of
them, &c.



412 CHURCH AND STATE UNDER THE TUDORS



The causes
why Jesuits
and priests
do come into
this realm.



All Jesuits
and priests
shall depart
forth of the
realm.
Poph. 93.



No Jesuits
or priests
shall come
into, or
remain in
this realm.



Receiving
or relieving



appeared, as ivell by sundry of their own examinations and con-
fessions, as by divers other manifest means and jyroofs) not only to
withdraw her Highness subjects from their due obedience to her
Majesty, but also to stir up and move sedition, rebellio7i and oj)en
hostility ivithin the same her Highness realms and dominions,
(3) to the great endangering of the safety of her most royal person,
and to the utter ruin, desolation and overthrow of the whole realm,
if the satne be not the sooner by some good means foreseen and
jjrevented :

JI. For i"eformation whereof be it ordained, established and
enacted by the Queen's most excellent majesty, and the lords
spiritual and temporal, and the commons, in this present parlia-
ment assembled, and by the authority of the same parliament.
That all and every Jesuits, seminary priests, and other priests
whatsoever made or ordained out of the realm of England or other
her Highness dominions, or within any of her Majesty's realms
or dominions, by any authority, power or jurisdiction derived,
challenged or pretended from the see of Home, since the feast of
the nativity of St. John Baptist in the first year of her Highness
reign, shall within forty days next after the end of this present
session of parliament depart out of this realm of England, and out
of all other her Highness realms and dominions, if the wind,
weather and passage shall serve for the same, or else so soon
after the end of the said forty days as the wind, weather and
passage shall so serve.

III. And be it further enacted by tlie authority aforesaid,
That it shall not be lawful to or for any Jesuit, seminary priest,
or other such priest, deacon, or religious or ecclesiastical person
whatsoever, being born within this realm, or any other her High-
ness dominions, and heretofore since the said feast of the nativity
of St. John Baptist, in the first year of her Majesty's reign,
made, ordained or professed, or hereafter to be made, ordained or
professed by any authority or jurisdiction derived, challenged or
pretended from the see of Home, by or of what name, title or degree
soever the same shall be called or known, to come into, be or
remain in any part of this realm, or any other her Highness
dominions, after the end of the same forty days, other than in such
special cases, and upon such special occasions only, and for such
time only, as is expressed in this act ; and if he do, that then every
such offence shall be taken and adjudged to be high treason ; and
every person so ofiending shall for his offence be adjudged a traitoi-,
and shall suffer, lose and forfeit, as in case of high treason.

IV. And every person which after the end of the same forty



APPENDIX



413



days, and after sueh time of departure as is before limited and
appointed, shall wittingly and willingly receive, relieve, comfort,
aid or maintain any such Jesuit, seminary priest or other priest,
deacon or religious or ecclesiastical person, as is aforesaid, being
at libei'ty, or out of hold, knowing him to be a Jesuit, seminary
priest or other such priest, deacon, or religious or ecclesiastical
person, as is aforesaid, shall also for such offence be adjudged a
felon, without benefit of clergy, and suffer death, lose and forfeit,
as in case of one attainted of felony.

V. And be it further enacted by the authority aforesaid. If
any of her Majesty's subjects (not being a Jesuit, a seminary
priest, or other such priest, deacon, or religious or ecclesiastical
person, as is before-mentioned) now being, or which hereafter
shall be of, or brought up in, any college of Jesuits, or seminary
already erected and ordained, or hereafter to be erected or ordained,
in the parts beyond the seas, or out of this realm in any foreign
parts shall not within six months next after proclamation in that
behalf to be made in the city of London, under the great seal of
Emjland, return into this realm, and thereupon within two days
next after such return, before the bishop of the diocese, or two
justices of peace of the county where he shall arrive, submit
himself to her Majesty and her laws, and take the oath set forth
by act in the first year of her reign ; that then every such person
which shall otherwise return, come into, or be in this realm or
any other her Highness dominions, for such offence of returning
or being in this realm or any other her Highness dominions,
without submission, as aforesaid, shall also be adjudged a traitor,
and suffer, lose and forfeit, as in case of high tz^eason.

VI. And be it further enacted by the authority aforesaid. If
any person under her Majesty's subjection or obedience shall at
any time after the end of the said forty days, by way of exchange,
or by any other shift, way or means whatsoever, wittingly and
willingly, either directly or indirectly, convey, deliver or send,
or cause or procure to be conveyed or delivered, to be sent over
the seas, or out of this realm, or out of any other her Majesty's
dominions or territories, into any foreign parts, (2) or shall
wittingly or willingly yield, give or contribute any money or
other relief to or for any Jesuit, seminary priest, or such other
priest, deacon, or religious or ecclesiastical person, as is aforesaid ;
(3) or to or for the maintenance or relief of any college of Jesuits,
or seminary already erected or ordained, or hereafter to be erected
or ordained, in any the parts beyond the seas, or out of this
realm in any foreign parts, or of any person then being of or in



a Jesuit or
priest shall
be felony.



They who be
in semi-
naries shall
after pro-
clamation
return and
take the
oath.



Sending re-
lief to any
Jesuit, priest
or other
person abid-
ing in a
seminar}-.



414 CHURCH AND STATE UNDER THE TUDURS



16 E. 2. c. 5.



None shall
send his
child or
other beyonil
the seas
without
licence.
EXP. 3 Jm:
I.e. 5.



Where the
ofEences
committed
against this
act shall be
enquired of
and deter-
mined.



Transport-
ing of
Jesuits,
priests, &c.



A Jesuit or
priest sub-
mitting him-
self, and
taking the
oath, and
obeying tlic
laws.



any the same colleges oi' seminaries, and not returned into this
realm with submission, as in this act is expressed, and continuing
in the same realm : (5) That then every such person so offending,
for the same offence shall incur the danger and penalty of a
prcemunire, mentioned in the statute of i^rcemunire, made in the
sixteenth year of the reign of King Richard the Second.

VII. And be it further enacted by the authority aforesaid,
That it shall not be lawful for any person of or under her High-
ness obedience, at any time after the said forty days, during her
Majesty's life (which God long preserve) to send his or her child,
or other person, being under his or her government, into any the
parts beyond the seas out of her Highness obedience, without
the special licence of her Majesty, or of four of her Highness
privy council, under their hands in that behalf first had or ob-
tained (except merchants, for such only as they or any of them
shall send over the seas only for or about his, her or their trade
of merchandize, or to ser-se as mariners, and not otherwise) upon
pain to forfeit and lose for every such their offence the sum of
one hundred pounds.

VIII. And be it also enacted by the authority aforesaid. That
every offence to be committed or done against the tenor of this
act shall and may be inquired of, heard and determined, as well
in the court commonly called the King's bench in the county
where the same court shall for tlie time be, as also in any other
county within this realm, or any other her Highness dominions
where the offence is or shall be committed, or where the offender
shall be apprehended and taken.

IX. Provided also, and be it enacted by the authority afore-
said, That it shall and may be lawful for and to every owner and
master of any ship, bark or boat, at any time within the said
forty days, or other time before limited for their departure, to
transport into any the parts beyond the seas any such Jesuit,
seminary priest, or other priest aforesaid, so as the same Jesuit,
seminary priest, or other priest aforesaid so to be transported, do
deliver unto the mayor or other chief officer of the town, port
or place, where he shall be taken in to be transported, his name,
and in what place he received such order, and how long he hath
remained in this realm, or in any other her Highness dominions,
being under her obedience.

X. Provided also. That this act, or any thing therein con-
tained, shall not in any wise extend to any such Jesuit, seminary
priest, or other such priest, deacon, or religious or ecclesiastical
person as is before-mentioned, as sliall at any time within the



APPENDIX



415



said forty days, or within three days after that he shall hereafter
come into this realm, or any other her Highness dominions,
submit himself to some archbishop or bishop of this realm, or to
some justice of peace within the county where he shall arrive or
land, and do thereupon truly and sincerely, before the same arch-
bishop, bishop, or such justice of peace, take the said oath set
forth in anno j)rimo, and by writing under his hand confess and i ei. i.e. i,
acknowledge, and from thenceforth continue, his due obedience
unto her Highness laws, statutes and ordinances, made and pro-
vided or to be made or provided in causes of religion.

XI. Provided always, if it happen at any time hereafter any
peer of this realm to be indicted of any offence made treason,
felony or prcemunire, by this act, that he shall have his trial by
his peers, as in other cases of treason, felony or 2)'>'(e')mmire, is
accustomed.

XII. Provided nevertheless, and it is declared by authority
aforesaid, That if any such Jesuit, seminary priest, or other priest
abovesaid, shall fortune to be so weak or infirm of body, that he
or they may not pass out of this realm by the time herein limited
without imminent danger of life, and this understood as well by
the corporal oath of the party as by other good means, unto the
bishop of the diocese and two justices of peace of the same county
where such person or persons do dwell or abide ; that then, and
upon good and sufficient bond of the person or persons, with
sureties, of the sum of two hundred pounds at the least, with
condition that he or they shall be of good behaviour towards our
sovereign lady the Queen and all her liege people, then he or they
so licenced and doing as is aforesaid, shall and may remain and
be still within this realm, without any loss or danger to fall on
him or them by this act, for so long time as by the same bishop
and justices shall be limited and appointed, so as the same time
of abode exceed not the space of six months at the most : (2)
And that no person or persons shall sustain any loss, or incur
any danger by this act, for the receiving or maintaining of any
such person or persons so licenced as is aforesaid, for and during
such time only as such person or persons shall be so licenced to
tarry within this realm ; any thing contained in this act to the
contrary notwithstanding.

XIII. And be it also further enacted by authority aforesaid, Oneknowing
That every person or persons, being subjects of this realm, which priest'to re-
after the said forty days shall know and understand that any ™aim"aurr
such Jesuit, seminary priest, or other priest abovesaid, shall abide, f°^ cUscoyw -
stay, tarry or be within this realm or other the Queen's dominions Justice of

•' ■ -J " peace.



416 CHURCH AND STATE UNDER THE TUDORS



Skiimer 369.



All oaths,
bonds and
submissions
certified
into the
chancery.



None sub-
mitting
himself shall
come within
ten miles of
the Queen.



and countries, contrary to the true meaning of this act, and shall
not discover the same unto some justice of peace or other higher
officer, within twelve days next after his said knowledge, but
willingly conceal his knowledge therein ; That every such offender
shall make fine, and be imprisoned at the Queen's pleasure : (2)
and that if such justice of peace, or other such oflficer to whom such
matter shall be so discovered, do not within eight and twenty
days then next following give information thereof to some of the
Queen's privy council, or to the president or vice-president of
the Queen's council established in the north, or in the marches
of Wales, for the time being ; That then he or they so offending
shall for every such offence forfeit the sum of two hundred marks.

XIV. And be it likewise enacted by the authority aforesaid.
That such of the privy council, president or vice-president, to
whom such information shall be made, shall thereupon deliver a
note in writing, subscribed with his own hand, to the party by
whom he shall receive such information, testifying that such in-
formation was made unto him.

XV. And be it also enacted. That all such oaths, bonds and
submissions, as shall be made by force of this act, as aforesaid,
shall be certified into the chancery by such parties before whom
the same shall be made, within three months next after such
submission ; (2) upon pain to forfeit and lose for every such
offence one hundred pounds of lawful English money ; the said
forfeiture to be to the Queen, her heirs and successors :

XVI. And that if any person so submitting himself, as afore-
said, do at any time within the space of ten years after such
submission made, come within ten miles of such place where her
Majesty shall be, without especial licence from her Majesty in
that behalf to be obtained in writing under her hand ; That then
and from thenceforth such person shall take no benefit of his
said submission, but that the same submission shall be void as if
the same had never been. 1 Jac. 1. c. 4. 3 Jac. 1. c. 5.



29 ELIZABETH.



Certain
assurances
of lauds



Cap. VI.

An act for the more speedy and due execution of certain branches
of the statute made in the tioenty-third year of the Queen's
mcyesty's reign, intituled, An act to retain the Queen's inajesty's
subjects in their due obedience.

For avoiding of all frauds and delays heretofore practised, or
hereafter to l^e put in ure, to the hindrance of the due and



APrE.XUIX



417



speedy execution of the statute made in the session of parhanient
hoklen by prorogation at Westininster the sixteenth day of
January in tlie three and twentieth year of the reign of our
most gracious sovereign lady the Queen's majesty, iiitituled, An
act to retain the Queen's majesfi/'s subjects in their due obedience,

(2) be it enacted by the authority of this present parliament,
That every feoffment, gift, grant, conveyance, alienation, estate,
lease, incumbrance and limitation of use, of or out of any lands,
tenements or hereditaments whatsoever, had or made at any time
since the beginning of the Queen's majesty's reign, or at any time
hereafter to be had or made, by any person which hath not
repaired or shall not repair to some church, chapel or usual place
of common prayer, but hath forborn or shall forbear the same,
contrary to the tenor of the said statute, (3) and which is or
shall be revokable at the pleasui'e of such offender, (4) or in any
wise directly or indirectly meant or intended, to or for the behoof,
relief or maintenance, or at the disposition of any such offender,

(5) or wherewith or whereby, or in consideration whereof, such
offender or his family shall be maintained, relieved or kept ;

(6) shall be deemed and taken to be utterly frusti'ate and void,
as against the Queen's majesty, for or concerning the levying and
paying of such sums of money as any such person by the laws or
statutes of the realm already made ought to pay or forfeit for
not coming or repairing to any church, chapel, or usual place of
common prayer, or for saying, hearing, or being at any mass ;

(7) and shall also be seized and had to and for her Majesty's use
and behoof, as hereafter in this act is mentioned ; any pretence,
colour, feigneel consideration, or expressing of any use, to the
contrary notwithstanding.

IV. And be it also enacted by the authority aforesaid, That
every such offender, in not repairing to divine service, but for-
bearing the same contrary to the said estatute, as hereafter shall
fortune to be thereof once convicted, shall in such of the terms
of Easter or Michaelmas as shall be next after such conviction,
pay into the said receipt of the exchequer after the rate of twenty
pounds for every month, which shall be contained in the indict-
ment whereupon such conviction shall be ; (2) and shall also for
every month after such conviction, without any other indictment
or conviction, pay into the receipt of the exchequer aforesaid at
two times in the year, that is to say, in every Easter term and
Michaelmas tei'm, as much as then shall remain unpaid, after the
rate of twenty pounds for every month after such conviction ;

(3) and if default shall be made in any part of any payment

E E



made by re-
cusants shall
he void to
the Queen.
In what
courts they
sliall be con-
victed.
23 Eliz. 0. 1.
Moor 523.
pi. 691.
Lane 60, 91.
1 Roll. 7, 92,
93.



2 Roll. 30.



11 Co. 57.



The Queen

mar take
all the
offender's
goods, and
two parts of
his lands and
leases, who
payeth not
twenty
pounds a
month.



418 CHURCH AND STATE UNDER THE TUDORS



1 Roll. 9-4.

2 Roll. 25.
12 Co. 2.
Enforced by
1 Jac. 1. c. 4.

8.5.



aforesaid, contrary to the form herein before limited, That then
and so often the Queen's majesty shall and may, by process out of
the said exchequer, take, seize and enjoy all the goods, and two
parts as well of all the lands, tenements and hereditaments,
leases and farms of such offender, as of all other the lands, tene-
ments and hereditaments liable to such seisure or to the penalties
aforesaid, by the true meaning of this act, leaving the third part
only of the same lands, tenements and hereditaments, leases and
fai'ms, to and for the maintenance and relief of the same offender,
his wife, children and family.



35 ELIZABETH.



Puiiishmeut
of persons
obstinately
refusing to
come to
church, and
persuading
others to
impugn the
Queen's
authority in
ecclesias-
tical causes.



Altered hi) 1
W. <C- M. 'sess.
1. c. 18.



Cap. I.

An act to retain the Queen^s majesty's subjects in their due
ohedieyice.

For the preveidinc/ and avoiding of such great inco7iveniencies
and perils as might happen and grow by the tuicked and dangerons
practices of seditious sectaries ayid disloyal jyersons ; (2) be it
enacted by the Queen's most excellent majesty, and by the lords
spiritual and temporal, and the commons, in this present parlia-
ment assembled, and by the authority of the same, That if any
person or persons above the age of sixteen years, which shall
obstinately refuse to repair to some church, chapel or visual place
of common prayer, to hear divine service established by her
Majesty's laws and statutes in that behalf made, and shall forbear
to do the same by the space of a month next after, without any
lawful cause, shall at any time after forty days next after the end
of this session of parliament, by printing, writing, or express words
or speeches, advisedly or purposely practise or go about to move
or persuade any of her Majesty's subjects, or any other within
her Highness realms or dominions, to deny, withstand and impugn
her Majesty's power and authority in cases ecclesiastical, united
and annexed to the imperial crown of this realm ; (3) or to that
end or purpose shall advisedly and maliciously move or persuade
any other person whatsoever to forbear or abstain from coming to
church to hear divine service, or to receive the communion
according to her Majesty's laws and statutes aforesaid, or to come
to or be present at any unlawful assemblies, conventicles or
meetings, under colour or pretence of any exercise of religion,
contrary to her Majesty's said laws and statutes : (4) or if any
person or persons which shall obstinately refuse to repair to some



APPENDIX 4l^)

church, chapel or usual place of common prayer, and shall forbear
by the space of a month to hear divine service, as is aforesaid,
shall after the said forty days, either of him or themselves, or by
the motion, persuasion, enticement or allurement of any other,
willingly join in, or be present at, any such assemblies, conventicles
or meetings, under colour or pretence of any such exercise of
religion, contrary to the laws and statutes of this realm, as is
aforesaid ; (5) that tlien every such person so offending as afore- The penalty
said, and being thereof lawfully convicted, shall be committed to present at
prison, there to' remain without bail or mainprise, until they shall couven"
conform and yield themselves to come to some church, chapel or refjg^on!
usual place of common prayer, and hear divine service, according
to her Majesty's laws and statutes aforesaid, and to make such
open submission and declaration of their said conformity, as here-
after in this act is declared and appointed.

II. Provided always, and be it further enacted by the authority Au ofieuder
aforesaid. That if any such person or persons, which shall offend forming
against this act as aforesaid, shall not within three months next ab^fre «ie^
after they shall be convicted of their said offence, conform them- '■'«^^'^'
selves to the obedience of the laws and statutes of this realm, in
coming to the church to hear divine service, and in making such
publick confession and submission, as hereafter in this act is
appointed and expressed, being thereunto required by the bishop
of the diocese, or any justice of the peace of the county where the
same person shall happen to be, or by the minister or curate of
the parish ; that in every such case every such offender, being
thereunto warned or required by any justice of the peace of the
same county where such offender shall then be, shall upon his and
their corporal oath befox'e the justices of the peace in the open
quarter -sessions of the same county, or at the assizes and gaol-
delivery of the same county, before the justices of the same assizes
and gaol-delivery, abjure this realm of England, and all other the
Queen's majesty's dominions for ever, unless her Majesty shall
license the party to return ; (2) and thereupon shall depart out
of this realm at such haven or port, and within such time, as shall
in that behalf be assigned and appointed by the said justices
before whom such abjuration shall be made, unless the same
offender be letted or stayed by such lawful and reasonable means
or causes, as by the common laws of this realm are permitted and
allowed in cases of abjuration for felony ; and in such cases of let
or stay, then within such reasonable and convenient time after,
as the common law requireth in case of abjuration for felony, as
is aforesaid : (3) and that the justices of peace before whom any

E E 2



420 CllUPtCII A^'D STATE UXDEK THE TUDORS



Tlie punish-
ment for
refusing to
abjure, not
departing,
or returning
without
licence.



An offender
shall be dis-
cliarged
upon his
open sub
mission.
Latch 16.



The form of
the sub-
mission.



such abjurntion shrill happen to be made, as is aforesaid, shall
cause the same presently to be entred of record before them, and



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