Page:Ruffhead - The Statutes at Large - vol 2.djvu/724

 674 C. 2. Anno tricefimo quinto Reginse Elizabeths. A. D. 1593. A Recufant Copyholder de- parting five Miles from his Place of Abode. Rceufants ihall notify their li- ving, and delivt their Names to the Curate. Recufents Names certified to the Juftices. The Penalty of a Recufant of fmall Ability not repairing to the Place ap- pointed, or de- parting thence, Rceufants abju- ring and depar- ting the Realm. Entering Abju- ration of Re- cord, and certi- fying the fame. It ihall be Fe- lony for a Re- cufant not to abjure, not go- ing, or returning without Licence, A Jefuit or Pri'eft refufing to anfwer (hall be impiifoned. I Saik.351. V. And be it further enafted by the Authority aforefaid, That every fitch (Mender as is before menti- oned, which hath or fhall have any Lands, Tenements or Hereditaments, by Copy of Court-Roll, or by any other cuftomary Tenure at the Will of the Lord, according to the Cuftom of any Manor, fhall for- feit all and fingular his and their faid Lands, Tenements and Hereditaments fo holden by Copy of Court- Roll or cuftomary Tenure, as aforefaid, for and during the Life of fuch Offender (if his or her Eftate fo long continue) to the Lord or Lords of whom the fame be immediately holden, if the fame Lord or Lords be not then a Popiih Recufant, and convicted for not coming to Church to hear Divine Service, but for- bearing the fame contrary to the Laws and Statutes aforefaid, nor feifed or poflelfed upon Truft, to the Ufe or Behoof of any fuch Recufant as aforefaid, and in fuch Cafe the fame Forfeiture to be to the Queen's Majefty. VI. Provided always, and be it further enacted by the Authority aforefaid, That all fuch Perfons as by the Intent and true Meaniiig of this A<St are to make their Repair to their Place of dwelling and Abode, or to the Place where they were born, or where their Father or Mother fhall be dwelling, and not to re- move or pafs above five Miles from thence as is aforefaid, ihall within twenty Days next after their co- ming to any of the faid Places (as the Cafe {hall happen) notify their coming thither, and prefent them- felves, and deliver their true Names in Writing, to the Minifter or Curate of the fame Parifh, and to the Conftable, Headborough or Tithingman of the Town, and thereupon the faid Minifter or Curate fhall prefently enter the fame into a Book to be kept in every Parifh for that Purpofe. VII. And afterward the faid Minifter or Curate 2 and the faid Conftable, Headborough" or Tithingham, fhall certify the fame in Writing to the Juftices ot the Peace of the fame County at the next General or Quarter-Seffions to be holden in the fame County, and the faid Juftices fhall caufe the fame to be entred by the Clerk of the Peace in the Rolls of the fame Seffions. ' VIII. And to the End that the Realm be not peftered and overcharged with the Multitude of fuch fedi- ' tious and dangerous People as is aforefaid, who having little or no Ability to anfwer or fatisfy any com- ' petent Penalty for their Contempt and Difobedieitce of the faid Laws and Statutes, and being com mi t- fent Parliament afl'embled, do molt humbly ana inftantly befeech the Queen's Majefty, That it may be further enacted, That if any fuch Perfon or Perfons, being a Popifh Recufant (not being a Feme Covert^ and not having Lands, Tenements, Rents or Annuities, of an abfolute Eftate of Inheritance or Freehold, of the clear yearly Value of twenty Marks, above all Charges, to their own Ufe and Behoof, and not upon any fecret Truft or Confidence for any other, or Goods and Chattels in their own Right, and to their own proper Ufe and Behoof, and not upon any fuch fecret Truft and Confidence for any other, above the Value of forty Pounds) fhall not within the Time before in this Aft in that Behalf limited and appointed, repair to their Place of ufual Dwelling and Abode, if they have any, or elfe to the Place where they were born, or where their Father or Mother lhall be dwelling, according to the Tenor and Intent of this prefent Act ; and thereupon notify their Coming, and prefent themfelves, and deliver their true Names in Writing to the Minifter or Curate of the Parifh, and to the Conftable, Headborough or Tith- ingman of the Town, within fuch Time, and in fuch Manner and Form as is aforefaid ; or at any Time after fuch their Repairing 5o any fuch Place as is before appointed, ihall pafs or remove above five Mile3 from the fame ; (3) and ihall not within three Months next after fuch Perfon fhall be apprehended or taken for offending as is aforefaid, conform themfelves to the Obedience of the Laws and Statutes of this Realm, in coming ufually to the Church to hear Divine Service, and in making fuch publick Confeilion dnd Submiffion, as hereafter in this Act is appointed and exprefTed, being thereunto required by the Bi- fhop of the Diocefs, or any Juftice of the Peace of the County where the fame Perfon fhall happen to be, or by the Minifter or Curate of the Parifh ; (4) That in every fuch Cafe every fuch Offender, being thereunto warned or required by any two Juftices of the Peace, or Coroner of the fame County where fuch Offenders fhall then be, fhall upon his or their corporal Oath before any two Juftices of the Peace, or Coroner of the fame County, abjure this Realm of England, and all other the Queen's Majefty's Do- minions for ever; and thereupon fhall depart out of this Realm at fuch Haven and Port, and within fuch Time, as fhall in that Behalf be affigned and appointed by the faid Juftices of Peace or Coroner, be- fore whom fuch Abjuration fhall be made, unlefs the fame Offenders be letted or ftayed by fuch lawful and reafonable Means or Caufes, as by the Common Laws of this Realm are permitted and allowed in Cafes of Abjuration for Felony; 2nd in fuch Cafes of Let or Stay, then within fuch reafonable and con- venient Time after, as the Common Law requireth in Cafe of Abjuration for Felony as is aforefaid. IX. And that every Juftice of Peace or Coroner before whom any fuch Abjuration fhall happen to be made as is aforefaid, ihall caufe the fame prefently to be entred of Record before them, and fhall certify the fame to the Juftices of Affifes or Gaol-delivery of the faid County, at the next Affiles or Gaol-delive- ry to be holden in the fame County. X. And if any fuch Offender, which by the Tenor and Intent of this Act is to be abjured as is afore- faid, fhall refufe to make fuch Abjuration as is aforefaid, or after fuch Abjuration made fhall not go to fuch Haven, and withinyfuc 1 Time as is before appointed, and from thence depart out of this Realm, according to this prefent AcT:, or after fuc i his Departure ihall return or come again into any her Ma- jefty's Realms or Dominions, without her Majefty's Special Licence in that Behalf firft had and obtain- ed ; that then in every fuch Cafe the Perfon fo offending ihall be adjudged a Felon, and ihall fuffer and lofe as in Cafe of Felony without Benefit of Clergy. XL And be it further enacted and ordained by the Authority aforefaid, That if any Perfon which ihall be fufpedted to be a Jefuit, Seminary or Maffing Prieft, being examined by any Perfon having lawful Au- thority in that Behalf to examine fuch Perfon which ihall be fo fufpected, fhall refufe to anfwer directly and
 * ted to Prifon for the lame, do live for the moll part in better Cafe there, than they could if they were
 * abroad at their own Liberty;' (2) The Lords Spiritual and Temporal, and the Commons, in this pre-