No. 4. trade or art of an apothecary; nor shall be Judge, Minister, PART I. Clerk or Steward of or in any Court, or keep any Court, CLASS II. nor shall be Register or Town-Clerk, or other Minister or Stat. 3 Officer in any Court; nor shall bear any office or charge Jac. 1. c. 5. as Captain, Lieutenant, Corporal, Sergeant, Ancient-bearer or other office in camp, troop, band or company of soldiers; nor shall be Captain, Master, Governor, or bear any office or charge of or in any ship, castle or fortress of the King's Majesty, his heirs and successors; but be utterly disabled for the same: and every person offending herein shall also forfeit for every such offence one hundred pounds; the one moiety whereof shall be to the King's Majesty, his heirs and successors, and the other moiety to him that will sue for the same by action of debt, bill, plaint, or information, in any of the King's Majesty's Courts of Record, wherein no essoin, protection or wager of law, shall be admitted or allowed. be a public IX. And be it also enacted by the authority aforesaid, No RecuThat no Popish Recusant convict, nor any having a wife sant shall being a Popish Recusant convict, shall at any time after officer. the end of this session of Parliament, or any Popish Recusant hereafter to be convict, or having a wife which hereafter shall be a Popish Recusant convict, at any time after his or her conviction, shall exercise any public office or charge in the commonwealth, but shall be utterly disabled to exercise the same by himself, or by his deputy; except such husband himself, and his children which shall be above the age of nine years abiding with him, and his servants in household, shall once every month at the least, not having any reasonable excuse to the contrary, repair to some church or chapel usual for Divine service, and there hear Divine service; and the said husband, and such his children and servants as are of meet age, receive the Sacrament of the Lord's Supper at such times as are limited by the laws of this realm, and do bring up his said children in true religion. married X. And be it also enacted by the authority aforesaid, A woman That every married woman, being or that shall be a Popish Recusant. Recusant convicted, (her husband not standing convicted of 7 Jac. 1. c. Popish Recusancy,) which shall not conform herself and re- 6. main conformed, but shall forbear to repair to some church or usual place of common prayer, and there to hear Divine service and sermon, if any then be, and within the said year receive the Sacrament of the Lord's Supper, according to the laws of this realm, by the space of one whole year next after the death of her said husband, shall forfeit and PART I. lose to the King's Majesty, his heirs and successors, the CLASS II. issues and profits of two parts of her jointure, and two Stat. 3 parts of her dower, in three parts to be divided, during Jac. 1. c. 5. her life, of or out of any the lands, tenements and heredita No. 4. A Recusant ments, which are or were her said husband's, and also be disabled to be executrix or administratrix of her said husband, and to have or demand any part or portion of her said late husband's goods or chattels, by any law, custom whatsoever. or usage XI. And be it further enacted by the authority aforeshall be as said, That every Popish Recusant which is or shall be conexcommu- victed of Popish Recusancy, shall stand and be reputed to 2 Bulstr. all intents and purposes disabled, as a person lawfully and nicated. 155. duly excommunicated, and as if he or she had been so denounced and excommunicated according to the laws of this realm, until he or she so disabled shall conform him and herself, and come to church, and hear Divine service, and receive the Sacrament of the Lord's Supper, according to the laws of this realm, and also take the oath appointed and prescribed in one other Act made this present session 3 Jac. 1. c. of Parliament, intituled An Act for the better discovering and repressing of Popish Recusants: and that every person and persons sued or to be sued by such person so disabled, shall and may plead the same in disabling of such plaintiff, as if he or she were excommunicated by sentence in the Ecclesiastical Court. What ac prosecute. XII. Provided nevertheless, That it shall and may be tions a Re- lawful for any such person so disabled, for and notwithcusant may standing any thing in this law contained, to sue or proseLatch. 172, cute any action or suit for or concerning only such of his or her lands, tenements, leases, rents, annuities and hereditaments, or for the issues and profits thereof, which are not to be seized or taken into the King's hands, his heirs or successors, by force of any law, for or concerning his or her Recusancy, or any part thereof. 177. Recusants' XIII. And for that Popish Recusants are not usually marriages married, nor their children christened, nor themselves by Priests, &c. buried according to the law of the Church of England, but the same are done superstitiously by Popish persons in secret, whereby the days of their marriages, births and burials cannot be certainly known: be it further enacted by authority of this present Parliament, That every man being or which shall be a Popish Recusant convicted, and who shall be hereafter married otherwise than in some open church or chapel, and otherwise than according to the orders of the Church of England, by a Minister lawfully No. 4. authorized, shall be utterly disabled and excluded to have PART I. any estate of freehold into any the lands, tenements and CLASS II. hereditaments of his wife, as tenant by the courtesy of Stat. 3 England: and that every woman being, or which shall be, Jac. 1. c. 5. a Popish Recusant convicted, and who shall be hereafter married in other form than as aforesaid, shall be utterly excluded and disabled, not only to claim any dower of the inheritance of her husband, whereof she may be endowable, or any jointure of the lands and hereditaments of her husband, or any of his ancestors, but also of her widow's estate and frank-bank in any customary lands whereof her husband died seised, and likewise be disabled and excluded to have or enjoy any part or portion of the goods of her said husband, by virtue of any custom of any county, city or place where the same shall lie or be; and if any such man shall be married with any woman contrary to the intent and true meaning of this Act, which woman hath or shall have no lands, tenements or hereditaments, whereof he may be entitled to be tenant by the courtesy, then such man so marrying as aforesaid, shall forfeit and lose one hundred pounds, the one half thereof to be to the King's Majesty, his heirs and successors, and the other moiety to such person or persons as shall sue for the same by action of debt, bill, plaint or information, in any of the King's Majesty's Courts of Record, wherein no essoin, protection or wager of law, shall be admitted or allowed. tism of Re XIV. And that every Popish Recusant which shall The baphereafter have any child born, shall within one month next cusants' after the birth thereof cause the same child to be baptized children. by a lawful Minister, according to the laws of this realm, in the open church of the same parish where the child shall be born, or in some other church near adjoining, or chapel where baptism is usually administered: or if by infirmity of the child it cannot be brought to such place, then the same shall within the time aforesaid be baptized by the lawful Minister of any of the said parishes or places aforesaid; upon pain that the father of such child, if he be living by the space of one month next after the birth of such child, or if he be dead within the said month, then the mother of such child, shall for every such offence forfeit one hundred pounds of lawful money of England; one third part whereof to be to the King's Majesty, his heirs and successors; one other third part to the informer, or him that will sue for the same; and the other third part to the poor of the said parish, to be recovered by action of debt, bill, plaint or information, in any of the King's Ma M PART I. jesty's Courts of Record, wherein no essoin, protection or CLASS 11. wager of law, shall be admitted or allowed. No. 4. Stat 3 The forfeit cusants, XV. And if any Popish Recusant, man or woman, not Jac. I. c. 5. being excommunicate, shall be buried in any place other than in the church or church-yard, or not according to the ure for bu ecclesiastical laws of this realm, that the executors or adrying Re- ministrators of every such person so buried, knowing the same, or the party that causeth him to be so buried, shall forfeit the sum of twenty pounds; the one third part whereof shall be to our Sovereign Lord the King; the other third part to the informer, or him or them that will sue for the same; and the other third part to the poor the parish where such person died; to be recovered by action of debt, bill, plaint or information, in any of the King's Majesty's Courts of Record, wherein no essoin, protection or wager of law, shall be admitted or allowed. municate, out of the church or churchyard. The forfeit of XVI. And be it further enacted by this present Parliaure of chil- ment, That if the children of any subject within this realm dren de- (the said children not being soldiers, mariners, merchants, parting the realm. or their apprentices or factors) to prevent their good edu3 Jac. 1. c. cation in England, or for any other cause, shall hereafter 4. Hob. 73. be sent or go beyond seas, without licence of the King's 1 Roll. 108. Majesty, or six of his honourable Privy Council (whereof the principal Secretary to be one) under their hands and seals, That then all and every such child and children so sent, or which shall so go beyond the seas, shall take no benefit by any gift, conveyance, descent, devise or otherwise, of or to any lands, tenements, hereditaments, leases, goods or chattels, until he or they, being of the age of eighteen years or above, take the oath mentioned in an Act of Parliament made this present session, intituled An Act for the better discovering and repressing of Popish Recusants, before some Justice of Peace of the county, liberty or limit, where such parents of such children as shall be so sent, did and shall inhabit or dwell; and that in the mean time the next of his or her kin, which shall be no Popish Recusant, shall have and enjoy the said lands, tenements, hereditaments, leases, goods and chattels so given, conveyed, descended or devised, until such time as the person so sent or gone beyond the seas, shall conform him or herself, and take the aforesaid oath, and receive the Sacrament of the Lord's Supper: and after such oath taken, and conforming of himself, and receiving the Sacrament of the Supper of the Lord, he or they which have so received the profits of the said lands, tenements, hereditaments, goods and chattels, or any of them, shall make ac No. 4. ure of him count of the profits so received, and in reasonable time PARTI. make payment thereof, and restore the value of the said CLASS II. goods to such person as shall so conform him or herself as Stat. 3 aforesaid: and that all such persons as shall send the said Jac. 1. c. 5. child or children over seas, without licence as aforesaid (unless the said child or children be merchants, or their The forfeitapprentices or factors, mariners or soldiers) shall forfeit who sendone hundred pounds, to be divided, had and recovered in eth his child three equal parts, whereof the one third part shall be to beyond the the King, his heirs and successors, the other third part to 1. c. 4. such as shall sue for the same, and the other third part to 3 Car. 1. c. the poor of such parish where such offender doth inhabit 2. Altered or remain, by action of debt, bill, plaint or information, in 12 W. 3. any the King's Majesty's Courts of Record, wherein no c. 4. sect. 6. essoin, protection or wager of law, shall be admitted or allowed. sea. 1 Jac. by 11 and gone be XVII. And for that many subjects of this realm, being The forfeitneither merchants, nor their factors, nor apprentices, sol-ure of the diers or mariners, are of late gone beyond the seas without persons licence, and are not as yet returned, be it further enacted yond sea. by the authority of this present Parliament, That if any of the said persons so gone beyond the seas without licence, which are not yet returned, shall not within six months next after their return into this realm, then being of the age of eighteen years or more, take the oath above specified before some Justice of Peace of the county, liberty or limit, where such person shall inhabit or remain, that then every such offender shall take no benefit by any gift, conveyance, descent, devise, or otherwise, of or to any lands, tenements, hereditaments, goods, or chattels, until he or they, being of the said age of eighteen years or above, take the said oath and that likewise in the mean time the next of kin to the person so offending, which shall be no Popish Recusant, shall have and enjoy the said lands, tenements, hereditaments, goods and chattels so given, conveyed, descended or devised, until such time as the person so offending shall conform himself, and take the aforesaid oath, and receive the said Sacrament of the Lord's Supper; and after such conforming, taking of the said oath, and receiving of the said Sacrament, he or they that shall have so received the profits of the said lands, tenements, hereditaments, goods and chattels, shall make account of the profits so received, and in reasonable time make payment thereof, and of the value of such goods and chattels, to such person as shall so conform him or herself as aforesaid. XVIII. And be it further enacted by the authority of |