Page:Ruffhead - The Statutes at Large - vol 3.djvu/97

A.D. 1605. of the Lands and Hereditaments of her Husband, or any of his Ancestors, but also of her Widow's Estate and Frank-bank in any customary Lands whereof her Husband died seised, and likewisse be disabled and excluded to have or enjoy any Part or Portion of the Goods of her said Husband, by Virtue of any Custom of any County, City or Place where the same shall lie or be; (4) and if any such Man shall be married with any Woman contrary to the Intent and true Meaning of this Act, which Woman hath or shall have no Lands, Tenements or Hereditaments, whereof he may be entituled to be Tenant by the Courtesy, then such Man so marrying as aforesaid, shall forfeit and lose one hundred Pounds, the one Half thereof to be to the King's Majesty, his Heirs and Successors, and the other Moiety to such Person or Persons as shall 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.

XIV. And that every Popish Recusant which shall hereafter have any Child born, shall within one Month next after the Birth thereof cause the same Child to be baptized by a lawful Minister, according to the Laws of this Realm, in the open Church of the same Parish where the Child shall be born, or in some other Church near adjoining, or Chapel where Baptism is usually administred: Or if by Infirmity of the Child it cannot be brought to such Place, then the same shall within the Time aforesaid be baptized by the lawful Minister of any of the said Parishes or Places aforesaid;  (2) upon Pain that the Father of such Child, if he be living lay the Space of one Month next after the Birth of such Child, or if he be dead within the said Month, then the Mother of such Child, shall for every such Offence forfeit one hundred Pounds of lawful Money of England; one third Part whereof to be to the King's Majesty, his Heirs and Successors; one other third Part to the Informer, or him that will sue for the fame, and the other third Part to the Poor of the said Parish, to be recovered 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. XV. And if any Popish Recusant, Man or Woman, not being excommunicate, shall be buried in any Place other than in the Church or Church-yard, or not according to the Ecclesiastical Laws of this Realm, that the Executors or Administrators of every such Person so buried, knowing the same, or the Party that causeth him to be so buried, shall forfeit the Sum of twenty Pounds; the one third Part whereof shall to our Sovereign Lord the King; the other third Part to the Informer, or him or them that will sue for church or the same; and the other third Part to the Poor of the Parish where such Person died, to be recovered 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.

XVI. And be it further enacted by this present Parliament, That if the Children of any Subject within this Realm (the said Children not being Soldiers, Mariners, Merchants, or their Apprentices or Factors) of to prevent their good Education in England, or for any other Cause, shall hereafter be sent or go beyond Seas, without Licence of the King's Majesty, or six of his Honourable Privy Council (whereof the principal Secretary to be one) under their Hands and Seals, That then all and every such Child and Children so sent, or which shall so go beyond the Seas, shall take no Benefit by any Gift, Conveyance, Descent, Devise or otherwise, of or to any Lands, Tenements, Hereditaments, Leases, Goods or Chattels, until he or they being of the Age of eighteen Years or above, take the Oath mentioned in an Act of Parliament made this present Session, intituled, 'An Act for the better Discovering and Repressing of Popish Recusants', before some Justice of Peace of the County, Liberty or Limit, where such Parents of such Children as shall be so sent, did and shall inhabit or dwell; (2) and that in the mean Time the next of his or her Kin, which shall be no Popish Recusant, shall have and enjoy the said Lands, Tenements, Hereditaments, Leases, Goods and Chattels so given, conveyed, descended or devised, until such Time as that Person so sent or gone beyond the Seas, shall conform him or herself, and take the aforesaid Oath, and receive the Sacrament of the Lord's Supper: (3) And after such Oath taken, and conforming of himself, and receiving the Sacrament of the Supper of the Lord, he or they which have so received the Profits of the said Lands, Tenements, Hereditaments, Goods and Chattels or any of them, shall make Account of the Profits so received, and in reasonable Time make Payment thereof, and restore the Value of the said Goods to such Person as shall so conform him or herself as aforefaid: (4) And that all such Persons as shall send the said Child or Children over Seas, without Licence as aforesaid (unless the said Child or Children be Merchants, or their Apprentices or Factors, Mariners or Soldiers) shall forfeit one hundred Pounds, to be divided, had and recovered in three equal, Parts, whereof the one third Part shall be to the King, his Heirs and Successors, the other third Part to such as shall sue for the same, and the other third Part to the Poor of such Parish where such Offender doth inhabit or remain, by Action of Debt, Bill, Plaint or Information, in any the King's Majesty's Courts of Record, wherein no Essoin, Protection or Wager of Law shall be admitted or allowed.

XVII. And for that many Subjects of this Realm, being neither Merchants, nor their Factors, nor Apprentices, Soldiers nor Mariners, are of late gone beyond the Seas without Licence, and are not as of the Persons yet returned,' (2) Be it further enacted by the Authority of this present Parliament, That if any of the said Persons so gone beyond the Seas without Licence, which are not yet returned, shall not within six Months next after their Return into this Realm, then being of the Age of eighteen Years or more, take the Oath above specified before some Justiceof Peace of the County, Liberty or Limit, where such Person shall inhabit or remain, that then every such Offender shall take no Benefit by any Gift, Conveyances Defcent, Devise, or otherwise, of or to any Lands, Tenements, Hereditaments, Goods or Chattels, until he or they, being of the said Age of eighteen Years or above, take the said Oath: (3) And that likewise in the mean Time the next of Kin to the Person so offending, which shall be no Popish Recusant, shall have and enjoy the said Lands, Tenements, Hereditaments, Goods and Chattels so given, conveyed, descended or devised, until such Time as the Person so offending shall conform himself, and take the  said