The laws of Q. Elizabeth, K. James, and K. Charles the First concerning Jesuites, seminary priests, recusants, &c., and concerning the oaths of supremacy and allegiance, explained by divers judgments and resolutions of the reverend judges : together with other observations upon the same laws : to which is added the Statute XXV Car. II. cap. 2 for preventing dangers which may happen from popish recusants : and an alphabetical table to the whole / by William Cawley of the Inner Temple, Esq.

Stat. iii Car. i. cap. ii. An Act to restrain the passing or sending of any to be Popishly bred beyond the Seas.

FOrasmuch as divers ill affected persons to the true Re∣ligion established within this Realm, have sent their Children into Forreign parts to be bred up in Popery, notwithstanding the restraint thereof by the Statute made in the first year of the Reign of our late Soveraign Lord King James of famous memory; Be it Enacted that the said Statute shall be put in due execution. And be it further Enacted by the Kings most Excellent Majesty, and the Lords Spiritual and Temporal, and Commons in this present Parliament as∣sembled, and by the Authority of the same, that in Case any person or persons under the Obedience of the King, his Heirs and Successors, at any time after the end of this Session of Parliament, shall pass or go, or shall convey or send, or cause to be sent or conveyed any Child, or other person, out of any of the Kings Dominions into any the parts beyond the Seas, out of the Kings Obedience, to the intent and purpose to en∣ter into, or be resident or trained up in any Priory, Abbey, Nunnery, Popish Vniversity, Colledge or School, or House of Iesuites, Priests, or in any private Popish Family, and shall be there by any Iesuite, Seminary Priest, Friar, Monk, or other Popish Person instructed, perswaded or strengthned in the Popish Religion, in any sort to profess the same, or shall convey or send, or cause to be conveyed or sent, by the hands or means of any person whatsoever, any sum or sums of money or other thing, for or towards the maintenance of any Child or other person already gone or sent, or to go or to be sent, and trained and instructed as is aforesaid, or under the the name or colour of any Charity, Benevolence or Alms to∣wards the relief of any Priory, Abbey, Nunnery, Colledge, School, or any Religious House whatsoever; Every person so sending, conveying, or causing to be sent and conveyed, as well any such Child or other person, as any sum or sums of money or other thing, and every person passing or being sent

beyond the Seas, being thereof Lawfully Convicted in or upon any Information, Presentment or Indictment, as is aforesaid, shall be disabled from thenceforth to sue or use any Action, Bill; Plaint or Information, in course of Law, or to prosecute any Suit in any Court of Equity, or to be Committée of any Ward, or Executor or Administrator to any person, or capable of any Legacy or Deéd of Gift, or to bear any Office within the Realm, and shall lose and forfeit all his Goods and Chat∣tels; and shall forfeit all his Lands, Tenements and Heredi∣taments, Rents, Annuities, Offices and Estates of Fréehold for and during his natural Life.

Provided always, That no person sent or conveyed as afore∣said, that shall within Six months after his Return into this Realm conform himself unto the present Religion established in this Church of England, and receive the Sacrament of the Lords Supper, according to the Statutes made concerning con∣formity, in other Cases required from Popish Recusants, shall incur any the penalties aforesaid.

Within Six months after his return.] And not within Six weeks, as Wingate tit. Crowne numb. 157. erroneously.

And it is Enacted, That all and every of the offences against this Statute may be inquired, heard and determined before the Iustices of the Kings Bench, or Iustices of Assize or Goal delivery, or of Oyer and Terminer of such Counties where the Offenders did last dwell or abide, or whence they departed out of this Kingdom, or where they were taken.

Or of Oyer and Terminer.] Justices of Peace cannot take an Indictment upon this Statute, for no inferior Court shall take Authority by any Statute unless it be specially named, Savile 135. C. 212. Agard and Candish. And, although Justices of Peace have in their Commission an express Clause ad audien∣dum & terminandum, and by that are Justices of Oyer and Ter∣miner, yet forasmuch as there is a Commission of Oyer and Terminer known distinctly by that name, and the Commission of Peace is known distinctly by another name; they shall not be included under the general words of Justices of Oyer and Terminer, as was adjudged, Hill. 30 Eliz. B. R. in the Case of Richard Smith, who was Indicted at the Sessions of the Peace in the County of Oxon upon the Statute of 5 Eliz. cap. 14. of forging Deeds, which impowers the Justices of Oyer and Terminer to inquire of, hear and determine that offence; and yet the In∣dictment

before the Justices of Peace was quashed, as taken coram non Judice. Co. 9.118. Co. 3. Inst. 103. Cro. Eliz. 87. vide Cro. Mich. 39 & 40 Eliz. 601. Wilsons Case. Ibid. Mich. 41 & 42 Eliz. 697. Hunts Case.

Or where they were taken.] Vide Stat. 3 Jac. cap. 4. Sect. 21.

Provided also, That if any person or Child, so passing or sent, or now being beyond the Seas, shall after his return into this Realm conform himself to the present Religion esta∣blished in this Church of England, and receive the Sacrament of the Lords Supper, according to the Statutes made for or concerning conformity in other Cases required from Popish Re∣cusants, for and during such time, as he or she shall so continue in such conformity and obedience occording to the true intent and meaning of the said Laws and Statutes, shall have his or her Lands restored to them again.

Notes

• Stat. Sect. 1.
• He that goes himself, or sends any o∣ther beyond the Seas to be trained up in Popery, &c. shall be dis∣abled to sue, &c. and shall lose all his Goods, and shall forfeit all his Lands, &c. for life.
• Stat. Sect. 2. He that con∣forms shall not incur the pe∣nalties afore∣said.
• Stat. Sect. 3. What Justices shall hear and determine these offences.
• Justices of Peace here excluded.
• Stat. 5 Eliz. 14
• 3 Jac. 4.
• Stat. Sect. 4. In what Case the offenders Lands shall be restored again.