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Recusants.
' of Popery; and they may presently deface and burn such Books and Relicks
' as they shall find and adjudge not convenient for them: Yet if
it be
' a Relick of any price, the same is to be defaced at the General Sessions
' of the Peace, and to be restored to the owner. |
Chap. 81. |
§. 45.
London. |
' Any Popish Recusant that shall dwell in London,
or within ten miles
' of it, which be indicted or convicted of Recusancy, or shall forbear
to
' come to Church three months, shall within ten days after such Indictment
' or Conviction depart thence: And if he live in London, or
ten
' miles, &c. shall give up his Name to the Lord Major; and if he live
above
' ten miles, then to the next Justice of Peace, upon pain to forfeit
' 100 l. &c. |
3 Jac. 5. |
§. 46.
Bear no
Office. |
' No Recusant Convict shall practise the Common
or Civil Law, as
' Counsellor (not as Chancellor, as the Print is) Clerk, &c.
Nor practise
' Physich, nor as an Apothecary, nor be a Judge, Minister, Clerk, or Steward
' of any Court, or keep any Court, nor bear any Office in any Camp,
' Troop, or Company of Souldiers, nor bear any Office in any Ship, Castle,
' or Fortress, but be utterly disabled, and shall forfeit 110 l. &c.
3 Jac. 5. |
3 Jac. 5. |
|
' A Recusant Convict, or having a Wife that is a
Popish Recusant Convict,
' shall not after his or her Conviction, exercise any publick Office or
' charge in the Commonwealth, except such Husband and his Children nine
' years old, and his Servants or Houshold, shall once every month, having
' no excuse, at Church hear Divine Service, and his Children and Servants,
' at times appointed, receive the Sacrament, and bring up his Children
in
' the true Religion, 3 Jac. 5. |
3 Jac. 5. |
§. 47.
Disability. |
' A Popish recusant convicted shall be reputed an
excommunicated person
' until Conformity, and take the Oath of 3 Jac. 4. And it
may be
' pleaded in Disability in all Actions, except for such of his Lands, &c.
as
' are not to be seized, &c. 3 Jac. 5. And the Sheriff
and Officer may upon an
' Excommincato capiendo, break the House to apprehend him, 3 Jac.
4. |
3 Jac. 5. |
§. 48.
Marriage. |
' Any Man being a Popish Recusant Convict, that
shall be married otherwise
' than according to the Orders of the Church of England, shall be
' disabled to be Tenant by the Curtesie; and a Woman otherwise married,
' shall lose her Dower, Joynture, Widows Estate, and Free Bench, or any
' Portion of Goods, by the Custom of any City, &c. And if such
Man
' marry a Woman that hath no Land whereof he may be intituled, As Tenant
' by the Curtesie, he shall forfeit 100 l. 3 Jac.
5. |
3 Jac. 5. |
| §. 49. |
' If a Popish Recusant Baptize not his Child at
Church, or place appointed
' for Baptism by a lawful Minister, within a month, if it may be carried
' thither, otherwise by the Minister of the Parish, &c. He, if
he live a
' month after the birth (or if he die within a month) the Mother shall
forfeit
' 100 l. A third part to the King, a third part to the Prosecutor,
and a
' third part to the Poor. |
3 Jac. 5. |
§. 50.
Burial. |
' If a Popish Recusant not Excommunicated, shall
not be buried in a
' Church or Church yard, or not according to the Law Ecclesiastical; the
' Executor or Administrator knowing the same, or the party causing the
' same, shall forfeit 20 l. A third part to the King, a third
part to the Prosecutor,
' and a third part to the Poor, &c. where he died. |
3 Jac. 5. |
§. 51.
Presentators. |
' No Popish Recusant Convict, shall present to any
Ecclesiastical Living,
' Free-School, Hospital, or Donative, but be disabled; but the Chancellor
' and Scholars of Oxford to those in Sussex, &c. and
the Chancellor and
' Scholars of Cambridge to those in Essex, &c.
But they shall not present
' any to any Ecclesiastical Living, that hath another Living with Cure. |
|
§. 52.
Executors,
&c. |
' A Popish Recusant Convicted at the death of the
Testator, or at
' granting Administration, is disabled to be Executor or Administrator,
or |
3 Jac. 5. |
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