| Chap. 81. |
Recusants.
' Communion, or to be present at Conventicles; or if he shall be present
' at Conventicles, being thereof convicted, shall be committed to prison
' without Bail, until he conform and make the Submission required by
that
' Act, if within three months after such Conviction, he shall not conform
' and submit, being required by the Bishop of the Diocess, or a Justice
of
' Peace, or the Minister or Curate, he shall in open Sessions, or Assizes,
or
' Gaol-delivery abjure the Realm, and depart at such Haven, Port and time
' the Justices shall assign him, which Abjuration the Justices shall Record
' and certifie to the Assizes. 35 El. 1. |
185
Conventicles. |
|
' The Oath of Abjuration may be taken by the Justices
of Peace of
' such Recusants, in this Form, or to this effect.
|
§. 13.
Abjuration. |
| 35 El. 1. |
' YOu shall swear, That you shall depart out
of this Realm of England, and
' out of all other the Kings Majesties Dominions; and that you shall not
' return hither or come again into any of His Majesties Dominions, but
by the
' Licence of Our said Sovereign Lord the King, or of His Heirs. So
help
' you God. See Stamf. 119. vide Wilk. 40.
|
Oath of
Abjuration. |
| 35 El. 1. |
' And such Recusants thereupon shall depart out
of this Realm, at
' such Haven and Port, and within such time as shall in that behalf be
' assigned and appointed by the said Justices of Peace, unless he be
letted
' and stayed by such lawful means or cause as the Common Law doth allow
' in cases of Abjuration for Felony, &c. 35 El. 1. |
Departure. |
| 35 El. 1. |
' If any such Recusant shall refuse to make such
Abjuration, or after
' such Abjuration made, shall not go to such Haven, and within such time
' as is so appointed him; and from thence depart out of this Realm, according
' this Statute, or after such departure shall return or come again
' into any His Majesties Realms or Dominions, without His Majesties special
' Licence in that behalf first obtained, in every such case the person
' so offending shall be adjudged a Felon. Ibid. |
Not going. |
| 35 El. 1. |
' The Justices of Peace before whom any such Abjuration
shall be made,
' shall cause the same to be presently entred upon Record before them,
' and shall certifie the same at the next General gaol delivery to be holden
' in the same County. 35 El. 1. |
Certificate. |
| 35 El. 1. |
' If after Conviction, and before required to abjure,
the party repair to
' some Church or Chappel on some Sunday or Holiday, and hear Divine
' Service; and before the Sermon or reading of the Gospel, make publick
' declaration of his Conformity in the Form therein exprest, viz. I
A. B. &c.
' the party offending shall be discharged of all Penalties, &c. |
Submission. |
| 35 El. 1. |
' The Minister or Curate shall forthwith enter it
into a Book, and within
' ten days certifie the same to the Bishop of the Diocess. |
Certificate. |
| 35 El. 1. |
' If the party shall afterwards relapse, and refuse
to go to Church, or
' shall go to Conventicles, he shall stand in the same plight, as if no
submission
' had been made. 35 El. |
Relapse. |
| 35 El. 1. |
' The Penalties by 23 El. 1. and 35 El.
1. shall be recovered to the
' Queens use, by Action of Debt, Bill, Plaint, or Information, in the Kings
' Bench, Common Pleas and Exchequer; and a third part
shall go to charitable
' uses. 35 El. 1. |
Penalties.
Courts. |
| 35 El. 2. |
' Every person born in England, or made Denizen,
above sixteen
' years of Age, having a place of abode, and being a Popish Recusant,
' that shall be convicted of absence from the Church, and being in England
' at the time of such Conviction, shall within forty days after such
' Conviction, if at liberty; or if restrained, within twenty days after,
' shall repair to his place of abode, and shall not remove five miles from |
§. 14.
Popish Recusants
confined. |
R 3
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