Page:Ruffhead - The Statutes at Large - vol 3.djvu/94

46 XLI. Provided also, and belt enacted by Authority of this present Parliament, That in all Causes of a where any Bishop or Justices of the Peace may by Force of this Act require and take of any Subject the Oath above mentioned, That the Lords of the Privy Council for the Time benig, or any Six of them, whereof the Lord Chancellor, Lord Treasurer, or the Principal Secretary for the Time, to be one, shall have full Power and Authority by Force of this Act, at any Time or Times, to require and take the said Oaths before mentioned, of any Nobleman or Noblewoman (then being above the Age of eighteen Years;) (2) and if any such Nobleman or Noblewoman (other than Women married) shall refuse Oath or Oaths, That in every such Case, such Nobleman or Noblewoman shall incur the Pain and Danger of a Præmunire.

XLII. Provided also, and be it enacted by the Authority of this Parliament, That where any Person or Persons shall go or pass out of the Cinque Ports, or any Member thereof, to any Parts beyond the Seas, to serve any foreign Prince, State or Potentate, that in every such Case, the Lord Warden of the Cinque Ports for the Time being, or any Person by him in that Behalf appointed or to be appointed, shall have full Power and Authority by Virtue hereof, to take the Bond, and minister the Oath to such as is above mentioned.

HEREAS divers Jesuits, Seminaries and Popish Priests daily do withdraw many of his Majesty's Subject's from the true Service of Almighty God, and the Religion established within this Realm, to the Romish Religion, and from their loyal Obedience to his Majesty, and have of late secretly persuaded divers Recusants and Papists, and encouraged and emboldened them to commit most damnable Treasons, tending to the Overthrow of God's true Religion, the Destruction of his Majesty and his Royal Issue, and the Overthrow of the whole State and Commonwealth, if God of his Goodness and Mercy had not within few Hours before the intended Time of the Execution thereof, revealed and disclosed the same;' (2) Wherefore to discover and prevent such secret damnable Conspiracies and Treasons as hereafter may be put in use by such evil disposed Persons, if Remedy be not therefore provided; Be it enacted by the King's most excellent Majesty, the Lords Spiritual and Temporal, and the Commons, in this present Parliament assembled, and by the Authority of the of the same. That such Person as shall first discover to any Justice of Peace, any Recusant or other Person which shall entertain or relieve any Jesuit, Seminary or Popish Priest, or shall discover any Mass to have been said, and the Persons that were present at such Mass, and the Priest that said the same, or any of them, within three Days next after the Offence committed, and that by Reason of such Discovery any of the said Offenders be taken and convicted or attained, That then the Person which hath made such Discovery, shall not only be freed from the Danger and Penalty of any Law for such Offence, if he be an Offender therein, but also shall have the third Part of the Forfeiture of all such Sums of Money, Goods, Chattels and Debts, which shall be forfeited by such Offence, so as the same total Forfeiture exceed not the Sum of one hundred and fifty Pounds; (4) and if it exceed the Sum of one hundred and fifty Pounds, the said Person so discovering the said Offence shall have the Sum of fifty Pounds only for every such Discovery and such Person so discovering the same, after Conviction of the Offender, shall have a Certificate from the Judges or Justices of Peace before whom such Conviction shall happen, to be directed to the Sheriff or other Officer of the same County, Limit or Place, that shall seize the Goods, or levy the said Forfeiture, commanding the said Sheriff or other Officer to pay the same accordingly to him that so discovered the same, out of the Monies to be levied by Virtue of the said Forfeitures, which Warrant and Payment shall be effectual in the Law for that Purpose, and a sufficient Discharge in that Behalf for the Sheriff, or other Officer upon bis Account.

'II. And whereas the Repair of such evil-afflicted Persons to the Court, or to the City of London, may be very dangerous to his Majesty's Person, and may give them more Liberty to meet, consult and plot their Treasons and Practices against the State, than if they should be restrained and confined unto their private Houses in the Country:' (2) For Remedy hereof. Be it enacted by the Authority aforesaid, That no Popish Recusant convicted or to be convicted shall come into the Court or House where the King's Majesty, or his Heir apparent to the Crown of England shall be, unless he be commanded so to do by the King's Majesty, his Heirs and Successors, or by Warrant in Writing from the Lords and others of the most honourable Privy Council of the King's Majesty, his Heirs and Successors, or any of them; (3) upon Pain to forfeit for every Time so offending, one hundred Pounds; the one Moiety to the King's Majesty, his Heirs and Successors; the other Moiety to him that will discover and sue for the same, by Action of Debt, Bill, Plaint or Information in any of his Majesty's Courts of Record, wherein no Essoin, Protection or Wager of Law shall be allowed.

III. And that all Popish Recusants indicted or convicted, and all other Persons which have not repaired to some usual Church or Chapel, and there heard Divine Service, but have forborn the same by the Space of three Months last past, contrary to the Laws and Statutes of this Realm, dwelling, abiding or remaining within the City of London or the Liberties thereof, or within ten Miles of the said City, shall within three Months next after the End of this Session of Parliament, depart from the said City of London, and ten Miles Compass of the same; (2) and also shall deliver up their Names to the Lord Mayor of London, in Case such Recusant do dwell or remain within the said City of London, or the Liberties thereof: (3) And in Case the said Recusant shall dwell or remain in any other County within ten Miles of the same City, then the said Recusant shall deliver up his or her Name to the next Justice of Peace