| Chap. 81.
35 El. 2. |
Recusants.
' Which Submission by 35 El. 2. is in the
same manner to be required
' and made, and to have the same advantage, and to be certified in the
' same manner as by 35 El. c. 1. And the like provision touching
Relapse,
' Women shall be comprehended in, and bound by every branch of that
' Statute, except those of Abjuration. |
187
Women.
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' All fraudulent Conveyances made by persons that
come not to Church,
' whether upon power of revocation, or with any intent for the maintenance
' of himself or family, are void. 29 El. 6. |
§. 18.
Fraudulent
Conveyances. |
|
' Convictions of Recusancy shall be in the Court
of Kings Bench,
' Assize or Gaol-delivery, and not elsewhere, and shall be certified and
' estreated into the Exchequer the next Term, after such conviction
in
' such convenient certainty for the time, and other circumstances, as that
' the Exchequer may award Process for Seisure of the Lands and Goods
of
' such as have not paid the Forfeiture 27 El. 6. But see Pye
and Lovel's
' Case, Hob. 204. It was resolved, That an Information
or Action of Debt
' lay in the Common Pleas, notwithstanding this Statute: For
this Statute
' extends only to Indictments for the Queens benefit, and not to Informations. |
§. 19.
Convictions,
where. |
| 29 El. 6. |
' Such as are convicted, shall pay their Forfeitures
into the Exchequer,
' at two times in the year, without any other or further Conviction,
' having not conformed 39 El. 6. And if they be not paid,
the Process shall
' Issue to seize the Goods, and three parts of the Lands. |
§. 20.
Forfeiture. |
29 El. 6.
1 Jac. 4. |
' No Indictment shall be quashed for not mentioning
the offender to
' have been in England, nor shall any Indictment be reversed for
lack of
' Form, or for other Matter whatsoever, save only by the direct Traverse
' of not coming to Church 29 El. 6. 3 Jac. 4. But if
he go to the Church
' where he most abides, or if none such, to the Church next adjoyning to
' his dwelling-house, and there hear Divine Service, and receive
the Sacrament;
' he shall be admitted to avoid, Discharge, Reverse, and undo the
' same Indictments, and all proceedings thereupon. |
§. 21.
Indictment. |
29 El. 6.
3 Jac. 4. |
' Upon such Indictment at Assizes or Gaol-delivery,
Proclamation shall
' be made, that the offender shall render his Body to the Sheriff before
' next Assizes or Gaol-delivery. And if he do not appear, he shall
stand
' convicted as upon tryal; and now by 3 Jac. 4. Justices of Peace
may
' hear, inquire, and determine of offences for not coming to Church and
' receiving the Sacrament, as Justices of Assize may do by former Laws,
' and may make Proclamation upon such Indictments for the parties to
' render themselves to the Sheriffs, &c. Or else convict and
certifie them as
' is appointed by 29 El. 6. But the Render must be to the
Sheriff, Bailiff, or
Gaoler of the Liberty, &c. And the Forfeiture must be paid into
the Exchequer,
' and Certificates of such Recusancy, as by the Statute of 29 El.
6.
is directed. |
§. 22.
Conviction
by Proclamation. |
29 El. 6.
1 Jac. 4. |
' The Kings Majesty may refuse the 20 l. per
mensem, and take to the
' two parts of the Lands, and all the Goods, &c. And an Advowson
is
' without that Clause. Jones Keep. p. 20, &c. |
§. 23.
Kings Election. |
| 1 Jac. 4. |
' The King shall seise two parts only of the Recusants
Estate to satisfie
' the 20 l. per mensem, but not the third part, either in the hand
of the Ancestor
' or Heir: But after the death of the Ancestor, two parts shall remain
' liable to the Arrears of 20 l. per mensem. |
|
| 3 Jac. 4. |
' Any Popish Recusant that conforms, shall within
a year next after
' receive the Sacrament, and so once every year after, or forfeit 20 l.
for
' the first year, 40 l. for the second year, and 60 l.
for the third year, and
' 60 l. every year after, until he receive it; and if he receive
it, and again
' offend in not receiving a year, he shall forfeit for every year 60 l.
&c.
3 Jac. 4. |
§. 24.
Conformity.
Sacrament. |
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