Page:Ruffhead - The Statutes at Large - vol 3.djvu/90

42 ther Uses, Intents and Purposes hereafter in this Act appointed, till every such Offender shall conform him or her self respectively, as aforesaid, in Lieu and full Recompence of the twenty Pounds monthly that, during his such Seizure and Retainer, shall incur; any Thing in the said Statutes, or any of them, any Other Statute, to the contrary in any wife notwithstanding:  (5) Saving to our Sovereign Lord the King's Majesty, his Heirs and Successors, and all and every Person and Persons, Bodies Politick and Corporate, their Heirs and Successors, (other than the said Offender, his or her Heirs, and all claiming to his or their Use, or in Trust for him or them, or at his or their Will or Disposition) all and all manner of Leases, Rents, Conditions, and other Rights and Titles whatsoever had, made and done bona fide, and without Fraud and Covin, before such Seizure.

Provided always, and be it enacted by the Authority aforesaid. That the King's Majesty, his heirs and Successors, shall not take into his two Parts, but leave to such Offender his chief Mansion-House, as Part of his third Part, and shall not demise, lease nor put over the said two Parts, nor any Part thereof, to any Recusant, nor to or for the Use of any Recusant: (2) And that whosoever shall take in Lease, or otherwise, of his Majesty, his Heirs and Successors, shall give such Security not to commit, nor suffer Waste to be committed, in or upon any the said Premises, as by the Court of Exchequer shall be allowed sufficient.

XIII. And for the better Trial how his Majesty's Subjects stand asseded in Point of their Loyalty and due Obedience; (2) be it also enacted by the Authority aforesaid. That from and after the End of this present Session of Parliament, it shall be lawful to and for any Bishop in his Diocese, or any two Who are Justices of Peace, whereof one of them to be of the 'Quorum, within the Limits of their Jurisdiction to take out of the Sessions, to require any Person of the Age of eighteen Years or above, being or which shall be convict or indicted of or for any Recusancy, other than Noblemen or Noblewomen, for not repairing to Divine Service, according to the Laws of this Realm; (3) or which shall not have received the said Sacrament twice within the Year then next past. Noblemen and Noblewomen excepted; (4) or any Person passing in or through the Country, Shire or Liberty, and unknown, except as is last before excepted, that being examined by them upon Oath shall confess or not deny himself or herself to be a Recusant, or shall confess or not deny that he or she had not received the said Sacrament twice within the Year then last past, to take the Oath hereafter following upon the Holy Evangelists: (5) Which said Bishop or two Justices of the Peace, shall certify in Writing subscribed with his or their Hands at the next General or Quarter Sessions for that Shire, Limit, Division or Liberty, within which the said Oath shall be so taken, the Christian-name, Surname, and Place of Abode of every Person which shall so take the said Oath; which Certificate shall be there recorded by the Clerk of the Peace or Town-Cleric, and kept amongst the Records of the said Sessions.

XIV. And be it further enacted. That if any such Person or Persons, other than Noblemen or Noblewomen, shall refuse to answer upon Oath to such Bishop or Justices of Peace examining him or her, as aforesaid, or to take the aid Oath so duly tendred unto him or her by such Bishop, or two such Justices of Peace, out of Sessions, that then the said Bishop or Justices of Peace shall and may commit the same Person to the Common Gaol, there to remain without Bail or Mainprize until the next Assize or General or Quarter-Sessions to be holden for the said Shire, Division, Limit or Liberty; (2) where the said Oath shall be again in the said open Assizes or Sessions required of such Person, by the said Justices of Assize or Justices of Peace then and there present, or the greater Number of them: (3) And if the said Person or Persons, or any other Person whatsoever, other than Noblemen or Noblewomen, of the Age of eighteen Years or above, shall refuse to take the said Oath being tendred unto him or her by the Justices of Assize and Gaol-delivery in their open Assizes, or the Justices of Peace, or the greater Part of them, in their said General or Quarter-Sessions, every Person so refufsng shall incur the Danger and Penalty of Præmunire, mentioned in the Statute of Pramunire, made in the sixteenth Year of the Reign of King Richard the Second; (4) except Women Covert, who, upon Refusal of the said Oath shall be by the said Justices of Assize in their open Assize, or Justices of Peace in their General or Quarter-Sessions, for the said Offence committed only to the Common Gaol, there to remain without Bail or Mainprize, till they will take the said Oath.

The Tenor of which Oath hereafter followeth:

' A. B. do truly and sicerely acknowledge, profess, testify and declare in my Conscience before God and the World, That our Sovereign Lord King JAMES is lawful and rightful King of this Realm, and of all other his Majesty's Dominions and Countries; and that the Pope neither of himself nor by any Authority of the Church or See of Rome, or by any other Means with any other hath any Power or Authority to depose the King, or to dispose any of his Majesty's Kingdoms or Dominions, or to authorize any Foreign Prince to invade or annoy him or his Countries, or to discharge any of his Subjects of their Allegiance and Obedience to his Majesty, or to give Licence or Leave to any of them to bear Arms, raise Tumults or to offer any Violence or Hurt to his Majesty's Royal Person, State or Government, or to any of his Majesty's Subjects, within his Majesty's Dominions. Also I do swear from my Heart, That notwithstanding any Declaration or Sentence of Excommunication, or Deprivation made or granted, or to be made or granted, by the Pope or his Successors, or by any Authority derived or pretended to be derived from him or his See against the said King, his Heirs or Successors, or any Absolution of the said Subjects from their Obedience: I will bear Faith and true Allegiance to his Majesty, his Heirs and Successors, and him and them will defend to the uttermost of my Power, against all Conspiracies and Attempts whatsoever which shall be made against his or their Persons