Page:Ruffhead - The Statutes at Large - vol 3.djvu/92

44 Obligation to and for the Uses aforesaid, and to minister and give the Oath aforesaid, according to the true Intent of this Statute, (taking for such Bond Six-pence and no more, and for the said Oath no Fee at all:) (2) Which said Customer and Comptroller shall register and certify all and every such Bond and Oath so taken into the Court of Exchequer at Westminster once every Year, upon Pain of five Pounds for every Bond not so certified, and twenty Shillings for every Oath not so certified. (3) Provided always, That this last mentioned Branch shall not extend to any Person or Persons which are already gone or shall go beyond the Seas to serve any Foreign Prince, State or Potentate, before the tenth Day of June next coming, for his said going or passing before the said tenth Day of June.

XXII. And further be it enacted by the Authority aforesaid. That if any Person or Persons at any Time after the said tenth Day of June shall either upon the Seas or beyond the Seas, or in any other Place from Obedience, within the Dominions of the King's Majesty, his Heirs or Successors, put in Practice to absolve, persuade or withdraw any of the Subjects of the King's Majesty, or of his Heirs and Successors of this Realm of England,from their natural Obedience to his Majesty, his Heirs or Successors, (2) or to reconcile them to the Pope or See of Rome, or to move them or any of them to promise Obedience to any pretended Authority of the See of Rome, or to any other Prince, State or Potentate; that then every such Person, their Procurers, Counsellors, Aiders and Maintainers, knowing the same, shall be to all Intents adjudged Traytors, and being thereof lawfully convicted shall have Judgment, suffer and forfeit, as in Cases of High Treason.

XIII. And if any Person as aforesaid, at any Time after the said tenth Day of June shall be either upon the Seas or beyond the Seas, or in any other Place within the Dominions of the King's Majesty his Heirs or Successors, willingly absolved or withdrawn as aforesaid, or willingly reconciled, or shall promise Obedience to any such pretended Authority, Prince, State or Potentate as aforesaid: That every such Person or Persons, their Procurers and Counsellors, Aiders and Maintainers, knowing the same, shall be to all Intents adjudged Traytors; and being thereof lawfully convicted shall have Judgment, suffer and forfeit, as in Cases of High Treason.

XXIV. Provided nevertheless. That the last mentioned Clause of this Branch, or any Thing therein contained, shall not extend or be taken to extend to any Person or Persons whatsoever, which shall hereafter be reconciled to the Pope or See of Rome as aforesaid, (for and touching the point of so being reconciled only) that shall return into this Realm, and thereupon within six Days next after such Return before the Bishop of the Diocese, or two Justices of the Peace jointly or severally of the County where he shall arrive, submit himself to his Majesty and his Laws, and take the Oath set forth by Act in the first Year of the Reign of the late Queen Elizabeth }} (commonly called the Oath of Supremacy) as also by the Oath before set down in this present Act; (2) which said Oaths the said Bishop and Justices respectively shall have Power and Authority by this present Act to minister to such Persons as aforesaid: (3) And the said Oaths so taken, the said Bishop and Justices before whom such Oaths shall be so taken respectively, shall certify at the next General or Quarter-Sessions of the Peace to be holden within the said Shire, Limit, Division or Liberty, wherein such Person as aforesaid shall submit himself and take the said Oaths as aforesaid, upon Pain of every one neglecting to certify the fame as aforesaid, the Sum of forty Pounds.

XV. And be it further enacted, That all and every Person and Persons that shall offend contrary to this present Branch of this Statute, shall be indicted, tried and proceeded against by and before the Justices of Assize and Gaol-delivery of that County for the Time being, or before the Justices of the Court of King's Bench, and be there proceeded against according to the Laws and Statutes of this Realm against Traytors, as if the said Offence had been committed in the fame County where such Person or Persons shall be so taken; any Law, Custom or Statute to the contrary in any wise notwithstanding.}}

XVI. Provided always. That if any Peer of this Realm shall happen to be indicted of any Offence made Treason by this Act, he shall have his Trial by his Peers as in other like Cases of Treason is accustomed.

XVII. And be it further enacted. That if any Subject of this Realm at any Time after one Month next after the End of this present Session of Parliament, shall not resort or repair every Sunday to some Church, Chapel or some other usual Place appointed for Common Prayer, and there hear Divine Service according to the Statute made in that Behalf, in the first Year of the Reign of the late Queen Elizabeth, That then it shall and may be lawful to and for any one Justice of Peace of that Limit, Division or Liberty, wherein the said Party shall dwell, upon Proof unto him made of such Default by Confession of of the Party or Oath of Witness, to call the said Party before him;(2) and if he or she shall not make a to Church sufficient Excuse and due Proof thereof, to the Satisfaction of the said Justice of Peace, that it shall be lawful for the said Justice of Peace to give Warrant to the Churchwarden of the said Parish wherein the said Party shall dwell, under his Hand and Seal, to levy Twelve-pence for every such Default, by Distress and Sale of the Goods of every such Offender, rendering to the said Offender the Overplus of the Money raised of the said Goods so to be sold: (3) And that in Default of such Distress, it shall and may be lawful for the said Justice of Peace to commit every such Offender to some Prison within the said Shire, Division, Limit or Liberty, wherein such Offender shall be inhabiting, until Payment be made of the said Sum or Sums so to be forfeited; (4) which Forfeiture shall be imployed to and for the Use of the Poor of that Parish wherein the Offender shall be resident or abiding at the Time of such Offence committed.

XXVIII. Provided, That no Man be impeached upon this Clause, except he be called in Question for his said Default within one Month next after the said Default made. XXIX