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Recusants.
' ought to be an intire Day,
and an intire Service. And so Sir
' Richard Hutton, one
of the Judges of the Court of Common
' Pleas, did deliver it in his
Charge at Cambridge Lent Assizes,
' Anno 1 Car. Regis;
and therewith agreed Sir Robert Bartlet at
' Summer Assizes, Anno 9
Car. Regis.
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Chap. 81. |
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' And because 1 El. 2. extends to Holidays,
it is convenient to observe
' which are Holidays: And as to that, I refer you to the Statute
of 5 & 6
' E. 6. c. 3. And the Rubrick of our present
Service Book, now confirmed by
' 14 Car. 2. c. 4. |
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§. 9.
Oath. |
' The Oath of Supremacy must be taken by Spiritual
persons, before
' such as have power to admit them; and so of lay persons preferred by
' the King to any Lay Office, Ministry, or Service, before such as shall
admit
' them to that Office, or before such persons as by the Kings Commission
' shall be appointed; and if such person refuse, he is disabled to take
that
' Office: But if any person having any Estate of Inheritance in the
Office,
' shall first refuse, and afterwards during his life, take it, he shall
enjoy it,
' vide the Oath Hic cap. 4. §. 5. |
5 El. 1. |
§. 10.
Maintaining
Foreign
Authority.
Penalty. |
' If any shall by Writing, Printing, Teaching, Preaching,
express
' words, Deed or Act, maintain, set forth, or defend the Authority or
' Jurisdiction, Temporal, or Ecclesiastical, of any Foreign Prince, Prelate,
' State, Potentate, formerly claimed or usurped, or shall put in use or
' execute any thing for maintenance or defence of the same, every such
' offenders, their abettors, &c. convicted thereof after the course
of
' the Common Law, shall lose to the King all their Goods and Chattels,
' real and personal; and if the offender have not 20 l. in Goods,
over and
' besides his Goods, he shall be imprisoned for a year. |
1 El. 1. |
§. 11.
Oath. |
' And if the offender be a Spiritual person, he
shall forfeit all his Spiritual
' promotions, and the next Patron or Donor may present, as if he
' were dead; for the second offence, he shall incur a Premunire; and for
the
' third, suffer as for Treason, but there must be two witnesses, and they
' brought face to face; and as touching aiding, &c. it must be proved
by
' two witnesses, that the person had knowledge of the offence. |
1 El. 1. |
|
' All persons admitted Ad ordines Sacros,
or taking any degree in the
' University, School-masters, and Teachers of Children; and all persons
' taking any Degree or Learning at Common Law; and all Attorneys,
' Prothonotaries and Philizers; and all persons admitted to any Ministry,
' or Office belonging to the Canon Law, or any other Law allowed in England,
' or that shall belong to any Court, shall before admission, in open
' Court, or before Commissioners take the Oath. The Lord Chancellor
or
' Lord Keeper may direct Commissions to tender the Oath to any persons,
' without further Warrant. |
5 El. 1. |
| Refusing. |
' The persons compellable to take that Oath, and
refusing, shall incur a
' Premunire. |
5 El. 1. |
|
' The persons having power to tender the Oath, shall
within forty days,
' if the Term be open, or the first day of the next Term after the forty
' days, return the same refusal into the Kings Bench, upon pain
of 100 l.
' And the Sheriff of the County, where the Kings Bench is, may
impannel
' a Jury; and upon the evidence of that Certificate, and other Evidence,
' may indict the party. |
5 El. 1. |
§. 12.
Sectaries. |
' If any person above sixteen years of Age that
absents from Church
' by a month, shall practice, go about, or perswade any Subject or person,
' in the Queens Dominions, to oppose Her authority Ecclesiastical, and
' shall move or perswade any to abstain from Church, or receiving the |
35 El. 1. |
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