| Chap. 81. |
Recusants.
' of Rome, and shall make Certificates within forty days after
the Indictment
' into the Kings Bench, or every one in default forfeits 100
l.
5 Eliz. 1. |
189 |
| 3 Jac. 4. |
' Any two Justices of Peace, the one being of the
Quorum,
may out
' of Sessions, require any person of the age of eighteen years or above,
' which is convicted or indicted for any Recusancy, other than Noble-men
' or Noble-women, for not repairing to Divine Service; or which have
' not received the Communion twice the year past; or which travelleth
' the Country, and is unknown (and being examined upon Oath) shall
' confess, or not deny themselves to be Recusants; or that shall confess
or
' not deny, that he or she had not received the Sacrament twice the
year
' past, to take the Oath of Allegiance appointed by the Statute 3 Jac.
c. 4.
' And if such person shall refuse to answer upon Oath, such Justices
of
' Peace examining him as aforesaid, or to take the Oath of Allegiance,
then
' the said two Justices shall commit the same person to the Common
Gaol,
' there to remain without Bail until the next Assizes, or Quarter Sessions;
' but Noble-men and Noble-women are excepted, as not to be dealt
' withal herein by the Justice of Peace. |
§. 32.
Oath of
Obedience. |
|
' Which Justices shall certifie under their hands
to the next Sessions, the
' names, &c. In which Sessions, the Oath shall be again tendred
to them;
' and if they, or any other shall refuse, he or they so refusing, shall
incur
' a Premunire, except Femes Covert, who shall be committed till
they take
' it. The Oath vide hic. cap. 4. |
Certificate.
Premunire.
Women. |
| 1 Jac. 7. |
' Also any two Justices of Peace may take the said
Oath of Allegiance
' of such persons as have charge of Castles, Fortresses, Block-houses,
or
' Garrisons; and of all Captains, having charge of Souldiers within this
' Realm, and upon refusal, may commit the offender, being of the age of
' eighteen years, to the Common Gaol, there to remain without Bail till
' the next Assizes, or Quarter Sessions. 7 Jac. 6. |
|
| 1 Jac. 6. |
' Also by the same Statute 7 Jac. c. 6. any
two Justices of Peace, the one
' being of the Quorum, may require any other person or persons,
Man or
' Woman, be they Recusants, or not, of the age of eighteen years or
' above (under the degree of a Baron or Baronness) to take the said Oath,
' and may commit them as aforesaid, upon their refusal. |
|
| 7 Jac. 6. |
' And by the said Statute, if any person whatsoever
of the age of
' eighteen years, under the degree of a Baron, shall stand and be presented,
' indicted, or convicted, for not coming to Church or receiving
' the Communion, before the Ordinary or any other, having lawful
' power to take such Presentment or Indictment; or if the Minister, Petty-Constable
' and Churchwardens, or any two of them, shall complain to
' any one Justice of Peace near adjoyning, and the said Justice of Peace
' shall find cause of suspicion; then that Justice, or any one other Justice
' of Peace, within whose Commission or Power such person shall be, upon
' notice thereof, shall require such person to take the said Oath:
And if
' any person shall refuse to take the oath tendered to him or her as
aforesaid,
' then such Justice or Justices shall commit such offender to the Common
' Gaol, there to remain without Bail, till the next Assizes or Quarter
' Sessions. |
§. 33.
Oath. |
| 3 Jac. 4. |
' The said two Justices of Peace shall certifie
in writing, subscribed with
' their hands, at the next Quarter Sessions, the names and place of abode
' of such persons, as have so take the said Oath before them, by force
' of the Statute of 3 Jac. 4. |
Certificate. |
|
' And it seemeth requisite, That the Justice or
Justices of Peace do make
' like Certificate at the next Assizes or Quarter Sessions, of such persons
' as have taken the said Oath before them, by force of the Statute 7 Jac.
6. |
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