Page:Ruffhead - The Statutes at Large - vol 3.djvu/95

A.D. 1605. Peace within such County where the said Recusant shall so dwell or remain, within forty Days after the End of this Session of Parliament; (4) upon Pain that every Person offending herein shall forfeit to our Sovereign Lord the King's Majesty, his Heirs and Successors, the Sum of one hundred Pounds; the one Moiety whereof shall be to the King's Majesyy, his Heirs and Successors; the other Moiety to him or them 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.

IV. And that all Popish Recusants which shall hereafter come, dwell or remain within the said City of London or the Liberties thereof, or within ten Miles of the said City, which now are or hereafter shall be indicted or convicted of such Recusancy, or which shall at any Time hereafter not repair unto some usual Church or Chapel, and there hear Divine Service, but shall forbear the same by the Space of three Months, contrary to the Laws and Statutes of this Realm, shall within ten Days after such Indictment or Conviction depart from the said City of London, and ten Miles Compass of the same, and also shall deliver up their Names to the Lord Mayor of London for the Time being, in Case such Recusant shall dwell or remain within the said City of London or the Liberties thereof; (2) and in Case the said Recusant shall dwell or remain in any other County within ten Miles of the said City, then the said Recusant shall deliver up his or her Name to the next Justice of Peace within such County where the said Recusant shall so dwell or remain, within the said ten Days next after such Indictment or Conviction;  upon Pain that every Person offending herein shall likewise forfeit to our said Sovereign Lord the King's Majesty, his Heirs and Successors, the like Sum of one hundred Pounds; the one Moiety whereof shall be to the King's Majesty, his Heirs and Successors, and the other to him or them 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.

V. Provided always, That such Person or Persons as now use any Trade, Mystery or manual Occupation within the said City of London, or within ten Miles of the same, and such as have or shall have their Dwellers in only Dwelling within the said City, or ten Miles Compass of the same, not having any other Dwelling or Place of Abode elsewhere, shall or may remain and continue in such Place within the said City, or ten Miles of the same, as they have dwelled, inhabited or remained in by the Space of three Months next before this present Session of Parliament; any Thing herein contained to the contrary notwithstanding.

'VI. And whereas by a Statute made at Westminster in the five and thirtieth Year of the Reign of Queen Elizabeth, intituled. An Act for the Restraining of Popish Recusants to some certain Place of Abode, it was amongst other Things ordained and enacted. That every Popish Recusant then or after convicted for not repairing to Church, Chapel, or usual Place of Common Prayer, having any certain Place of Dwelling and Abode within this Realm, should within the Time limited by the said Statute repair to their Place of usual Dwelling and Abode, or not having any certain Place of Dwelling or Abode within this Realm, should likewise within the Time limited by the said Statute repair to the Place where such Person was born, or where the Father or Mother of such Person should be dwelling, and not at any Time remove or pass above five Miles from thence, under the Pains in the said Statute limited and provided; (2) which Statute, by reason of sundry Licences given unto such Recusants, under Colour of a Proviso in the said Statute contained, hath not wrought that good Effect in the Commonwealth as was hoped:'   (3) Be it therefore enacted and ordained by this present Parliament, and by the Authority of the same. That the said Statute made in the said five and thirtieth Year of the said Queen Elizabeth, so and concerning the Confining of the said Recusants under the Pains and Penalties therein contained, shall by this Act, and by the Authority of the same, be confirmed, and be hereafter put in due Execution, according to the Tenor, true Intent and Meaning of the said Statute in that Behalf made: (4) And that the Proviso said Proviso in the said Statute contained, giving Power to grant Licence or Licences unto the said Recusants, to go and travel from or out of the Compass of the said five Miles, shall be from and after the End of this present Session of Parliament utterly repealed and void; any Thing in the said Statute to the contrary notwithstanding.

VII. Provided nevertheless, and be it further enacted by this precent Parliament, and by the Authority of the same. That it shall and may be lawful for the King's most excellent Majesty, his Heirs and Successors, or for three or more of his Majesty's most honourable Privy Council, or for three or more of the Privy Council of his Heirs and Successors, in Writing under the Hands of the said Privy Councellors, to Licence to a give Licence to every such Recusant to go and travel out of the Compass of the said five Miles, for such Time as in the said Licence shall be contained, for their travelling, attending and returning, and without any other Cause to be expressed within the said Licence: (2) And if any of the Persons which are so confined by Virtue of the said Statute, as is aforesaid, shall have necessary Occasion or Business to go and travel out of the Compass of the said five Miles, that then and in every such Case, upon Licence in Writing in that Behalf to be gotten, under the Hands and Seals of four of the justices of Peace of the same County, Limit, Division or Place next adjoining to the Place of Abode of such Recusant, with the Privity and Assent in Writing of the Bishop of the Diocese, or of the Lieutenant, or of any Deputy-Lieutenant of the same County residing within the said County or Liberty, under their Hands and Seals; (3) In every of which Licence or Licences in Writing so to be had and made, shall be specified and contained both the particular Cause of the said Licence, and the Time how long the said Party licenced shall be absent, in travelling, attending and returning: (4) It shall and may thereupon be lawful for every such Person so licenced, to go and travel about such their necessary Business, and for such Time only for their travelling, attending and returning, as shall be comprised in the said Licence, the said Party so licenced first taking his corporal Oath before the said four Justices of the Peace, or any of them (who shall have Authority by Virtue of this Act to minister the same) that he hath truly informed them of