| Chap. 81. |
Recusants.
' Secondly, The Statute of 35 El. 1. is Temporary
to the end of the
' next Session of Parliament, when it might have expired, had not some
' clamorous persons enormities revived it: But the Statute of 35
Eliz. 2. is
' perpetual. |
183 |
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' Thirdly, No married Women are punishable by 35
El. 1. but are
' thereout excepted; but by 35 El. 1, married Woman are declared
to be
' within all Branches and Penalties of it, but Abjuration. |
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| 1 El. 2. |
' The Matter of Recusancy stands in two particulars,
first, Absenting
' from the Church; secondly, Refusing the Oath prescribed by 1 El. 1
and
' 3 Jac. 4. |
§. 7.
Two points
of Recusancy. |
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' All and every person, inhabiting within this Realm,
or other the
' Kings Dominions, shall (having no reasonable excuse to be absent)
endeavour
' themselves to resort to their Parish Chappel accustomed, or
' upon reasonable Let thereof, to some usual place where Common Prayer,
' and such Service of God shall be used in such time of Let, upon every
' Sunday and Holiday, and there remain orderly and soberly, during the
' time of Common Prayer, Preaching and Service, upon pain of punishment
' by the Censures of the Church; and to pay for every offence
' 12 d. to be levied by the Churchwardens, to the use of the Poor
by
' Distress. |
§. 8.
Absence
from
Church. |
| 23 El. 1. |
' The Statute of 23 Eliz. 1. saith, That
every person of 16 years of age,
' which shall not repair to some Church, Chappel, or usual place of Common
' Prayer, but forbear the same contrary to 1 El. 2. And being
thereof
' lawfully convicted, shall forfeit for every month 20 l. &c. |
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' If any Subject shall not resort to Church, Chappel,
or other place
' appointed, &c. every Sunday, and hear Divine Service, according to
' 1 El. 2. One Justice, upon Confession or Oath of Witness,
shall call the
' party before him; and if he can make no excuse, the Justice shall give
a
' Warrant to the Churchwardens to levy 12 d. for every default,
by Distress;
' and if no Distress, to commit him till payment, 3 Jac. 4. So as
the
' party be impeached within one month.
|
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Goldbolt.
Rep. 148. |
' 1. Note, that in an Indictment upon 1 El.
2. it need not be averred,
' That the offender was an inhabitant;
for that ought to come of the
' other side. See Anne
Mannocks Case. M. 3 Jac. 1. |
Cases
thereupon. |
|
' 2. Note, where the Statute of 23 El. 1.
says, being thereof convicted,
' does not intend a former Conviction,
but a Conviction in the same
' Action; as is resolved in
Dr. Fosters Case. |
|
Moores
Rep. 606. |
' 3. Note, where the Statute says 23 El.
Every person of sixteen years,
' &c. an Indictment that
saith, Quod A. B. de, &c. Existens Ætat. 16/
' Annorum, &c.
This Existens shall go to the time of the offence, and
' not to the time of the Indictment.
Talbots Case. |
|
Bulstr. 3.
p. 87.
Hob. p.
179. |
' 4. Note, Feme Coverts are within
the Statutes of 1 El. 2 & 23 El. 1.
' touching all the Penalties
for absence from the Church, and an
' Information lies against the
Husband for the same, as was resolved in
' Laws Case. P.
13 Jac. |
|
Co. 11. 91.
& 63. |
' 5. Note also, that the penalty of 12 d.
a Sunday, by 1 El. 2. & 3 Jac. 4.
' and of 20 l. per mensem,
by 23 El. 1. shall be both paid. |
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' 6. Note, the Statute of 1 El. 2.
extends to Holidays as well as Sundays;
' but the Statutes of 23 El.
1. & 3 Jac. 4. extend only to Sundays. |
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' 7. Note also, this repairing to Church every
Sunday, must be as
' well to Evening Prayers, as
to Morning Prayers; for it |
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R 2
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