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.

Addendum. Stat. xxv Car. ii. c. ii. An Act for Preventing Dangers which may happen from Popish Recusants:

FOR preventing Dangers which may happen from Popish Recusants, and quieting the minds of His Majesties good Subjects, Be it Enacted by the Kings most Excellent Majesty, by and with the Advice and Consent of the Lords Spiritual and Temporal, and the Com∣mons in this present Parliament assembled, and by Authority of the same, That all and every person, or persons, as well Péers, as Commoners, that shall bear any Office or Offices, Civil or Military, or shall receive any Pay, Salary, Fée, or Wages, by reason of any Patent or Grant from His Maje∣sty, or shall have Command, or Place of Trust from, or un∣der His Majesty, or from any of His Majesties Predecessors, or by His or their Authority, or by Authority derived from Him or them, within the Realm of England, Dominion of Wales, or Town of Berwick upon Tweed, or in His Maje∣sties Navy, or in the several Islands of Jersey and Guernsey, or shall be of the Houshold, or in the Service or Imployment of His Majesty, or of his Royal Highness the Duke of York, who shall inhabit, reside, or be within the City of London or Westminster, or within Thirty miles distant from the same, on the first day of Easter Term that shall be in the year of our Lord One thousand six hundred seventy threé, or at any time during the said Term, all and every the said person and per∣sons shall personally appear before the end of the said Term, or of Trinity Term next following, in His Majesties high Court of Chancery, or in His Majesties Court of Kings Bench, and there in publick and open Court, between the hours of Nine of the Clock, and Twelve in the Forenoon, take the several Oaths of Supremacy and Allegiance, which Oath of Allegiance is contained in the Statute made in the third Year of King James, by Law established; and during

the time of the taking thereof by the said person, and persons, all Pleas, and Procéedings in the said respective Courts shall cease; And that all and every of the said respective persons, and Officers not having taken the said Oaths in the said respective Courts aforesaid, shall, on or before the First day of August One thousand six hundred seventy thrée, at the Quarter Sessions for that County, or place where he or they shall be, inhabit, or reside, on the Twentieth day of May, take the said Oaths in open Court, betwéen the said hours of Nine and Twelve of the Clock in the Forenoon: And the said respective Officers aforesaid, shall also receive the Sacra∣ment of the Lords Supper, according to the Vsage of the Church of England, at or before the First day of August in the year of our Lord One thousand six hundred and seven∣ty thrée, in some Parish Church, upon some Lords day, com∣monly called Sunday, immediately after Divine Service, and Sermon.

And be it further Enacted by the Authority aforesaid, That all and every person or persons, that shall be admit∣ted, entred, placed, or taken into any Office or Offices, Ci∣vil, or Military, or shall receive any Pay, Salary, Fée, or Wages, by reason of any Patent, or Grant of his Majesty, or shall have Command, or Place of Trust, from, or under his Majesty, his Heirs or Successors, or by his or their Au∣thority, or by Authority derived from him or them, within this Realm of England, Dominion of Wales, or Town of Ber∣wick upon Tweed, or in his Majesties Navy, or in the seve∣ral Islands of Jersey and Gernsey, or that shall be admitted into any Service, or Imployment in his Majesties, or Royal Highnesses Houshold, or Family, after the First day of Easter Term aforesaid, and shall inhabit, be or reside, when he or they is, or are so admitted, or placed, within the Cities of London, or Westminster, or within Thirty Miles of the same, shall take the said Oaths aforesaid, in the said respective Court or Courts aforesaid, in the next Term after such his or their Admittance or Admittances into the Office or Offices, Imployment or Imployments aforesaid, betwéen the hours aforesaid, and no other, and the Procéedings to cease as aforesaid; And that all and every such person or persons to be Admitted after the said First day of Easter Term, as afore∣said, not having taken the said Oaths in the Courts afore∣said, shall at the Quarter Sessions for that County or Place where he or they shall reside, next after such his admittance, or admittances into any of the said respective Offices or Im∣ployments aforesaid, take the said several and respective Oaths

as aforesaid, and all and every such person and persons so to be admitted as aforesaid, shall also receive the Sacrament of the Lords Supper, according to the Vsage of the Church of England, within Thrée Months after his or their admit∣tances in, or receiving their said Authority and Imployment, in some publick Church, upon some Lords-day, commonly called Sunday, immediately after Divine Service and Ser∣mon. And every of the said persons, in the respective Court where he takes the said Oaths, shall first deliver a Certifi∣cate of such his receiving the said Sacrament, as aforesaid, under the Hands of the respective Minister and Church-war∣den, and shall then make proof of the truth thereof, by two credible Witnesses at the least upon Oath; All which shall be inquired of, and put upon Record in the respective Courts.

And be it further Enacted by the Authority aforesaid, That all and every the person or persons aforesaid, that do or shall neglect or refuse to take the said Oaths and Sacrament in the said Courts and places, and at the respective times afore∣said, shall be ipso facto adjudged uncapable, and disabled in Law, to all intents and purposes whatsoever, to have, oc∣cupy, or enjoy the said Office or Offices, Imployment or Im∣ployments, or any part of them, or any matter or thing a∣foresaid, or any profit or advantage appertaining to them, or any of them, and every such Office and Place, Imployment and Imployments shall be void, and is hereby adjudged void.

And be it further Enacted, That all and every such per∣son or persons that shall neglect or refuse to take the said Oaths, or the Sacrament as aforesaid, within the times, and in the places aforesaid, and in the manner aforesaid, and yet after such neglect and refusal, shall execute any of the said Offices or Imployments, after the said times expired, wherein he or they ought to have taken the same, and being thereupon lawfully Convicted, in, or upon any Information, Presentment, or Indictment, in any of the Kings Courts at Westminster or at the Assizes, every such person and persons shall be disabled from thenceforth, to Sue, or use any Acti∣on, Bill, Plaint, or Information in Course of Law, or to prosecute any Suit in any Court of Equity, or to be Guar∣dian of any Child, or Executor, or Administrator of any per∣son, or capable of any Legacy, or Déed of Gift, or to bear any Office within this Realm of England, Dominion of Wales, or Town of Berwick upon Tweed, and shall forfeit the sum of Five hundred pounds, to be recovered by him or them that

shall Sue for the same, to be prosecuted by any Action of Debt, Suit, Bill, Plaint or Information in any of His Ma∣jesties Courts at Westminster, wherein no Essoign, Protection, or Wager of Law shall lie.

And be it further Enacted by the Authority aforesaid, That the names of all and singular such persons and Officers aforesaid, that do or shall take the Oaths aforesaid, shall be in the respective Courts of Chancery and Kings Bench, and the Quarter Sessions Inrolled, with the day and time of their taking the same, in Rolls made and kept only for that intent and purpose, and for no other; The which Rolls, as for the Court of Chancery, shall be publickly hung up in the Office of the Pettybag, and the Roll for the Kings Bench, in the Crown Office of the said Court, and in some publick place in every Quarter Sessions, and there remain during the whole Term, every Term, and during the whole time of the said Sessions, in every Quarter Sessions, for every one to resort to, and look upon, without Fée or Re∣ward; and likewise none of the person or persons aforesaid shall give or pay as any Fée or Reward to any Officer or Of∣ficers belonging to any of the Courts as aforesaid, above the sum of Twelve pence for his or their Entry of his or their taking of the said Oaths aforesaid.

And further, That it shall and may be lawful to and for the respective Courts aforesaid, to give and Administer the said Oaths aforesaid, to the person or persons aforesaid, in man∣ner as aforesaid; and upon the due tender of any such per∣son or persons to take the said Oaths, the said Courts are hereby required and enjoyned to Administer the same.

And be it further Enacted, That if any person or persons not bred up by his or their Parent or Parents from their In∣fancy in the Popish Religion, and professing themselves to be Popish Recusants, shall Bréed up, Instruct, or Educate his or their Child or Children, or suffer them to be Instruct∣ect, or Educated in the Popish Religion, every such person being thereof Convicted, shall be from thenceforth disabled of hearing any Office or Place of Trust or Profit in Church or State: And all such Children as shall be so brought up, in∣structed or educated, are and shall be hereby disabled of bearing any such Office or Place of Trust or Profit, until he and they shall be perfectly Reconciled and Converted to the Church of England, and shall take the Oaths of Supremacy and Allegi∣ance aforesaid, before the Iustices of the Peace, in the open Quarter Sessions of the County or place where they shall in∣habit, and thereupon receive the Sacrament of the Lords

Supper, after the Vsage of the Church of England, and obtain a Certificate thereof under the Hand of two or more of the said Iustices of the Peace.

And be it further Enacted by the Authority aforesaid, That at the same time when the persons concerned in this Act, shall take the aforesaid Oaths of Supremacy and Allegiance, they shall likewise make and subscribe this Declaration following, under the same Penalties and Forfeitures, as by this Act is ap∣pointed;

I A. B. do Declare, That I do believe that there is not any Transubstantiation in the Sacrament of the Lords Supper, or in the Ele∣ments of Bread and Wine, at, or after the Con∣secration thereof by any person whatsoever.

Of which Subscription there shall be the like Register kept, as of the taking the Oaths aforesaid.

Provided always, That neither this Act, nor any thing therein contained, shall extend, be judged or interpreted any ways to hurt or prejudice the Péerage of any Péer of this Realm, or to take away any Right, Power, Priviledge or Profit, which any person (being a Péer of this Realm) hath, or ought to enjoy by reason of his Péerage, either in time of Parliament, or otherwise, or to take away creation-money, or Bills of Impost, nor to take away or make void any Pension or Salary granted by His Majesty to any person for valuable and sufficient Consideration for Life, Lives, or Years, other then such as relate to any Office, or to any Place of Trust under His Majesty, and other then Pensions of bounty, or vo∣luntary Pensions; nor to take away, or make void any Estate of Inheritance granted by His Majesty, or any His Predeces∣sors, to any person or persons, of or in any Lands, Rents, Tithes, or Hereditaments, not being Offices; nor to take away, or make void any Pension or Salary already granted by His Majesty to any person who was Instrumental in the happy preservation of His Sacred Majesty after the Battel at Worce∣ster, in the year One thousand six hundred fifty one, until His Ma∣jesties arrival beyond the Seas; nor to take away or make void the Grant of any Office or Offices of Inheritance, or any Fée, Salary or Reward for executing such Office or Offices, or there∣to any way belonging, granted by His Majesty or any his Pre∣decessors

to, or enjoyed, or which hereafter shall be enjoyed by any person or persons who shall refuse or neglect to take the said Oaths, or either of them, or to receive the Sacrament, or to subscribe the Declaration mentioned in this Act, in manner therein expressed; Nevertheless so as such person or persons ha∣ving or enjoying any such Office or Offices of Inheritance, do or shall substitute and appoint his or their sufficient Deputy or De∣puties (which such Officer or Officers respectively are hereby impowred from time to time to make or change, any former Law or Vsage to the contrary notwithstanding) to exercise the said Office or Offices, until such time as the person or per∣sons having such Office or Offices, shall voluntarily in the Court of Chancery, before the Lord Chancellor or Lord Keeper for the time being, or in the Court of Kings Bench, take the said Oaths, and receive the Sacrament according to Law, and subscribe the said Declaration; and so as all and every the Deputy and Deputies so as aforesaid to be appointed, take the said Oaths, receive the Sacrament, and subscribe the said De∣claration from time to time, as they shall happen to be so ap∣pointed, in manner as by this Act such Officers whose De∣puties they be, are appointed to do; and so as such Deputies be from time to time approved of by the Kings Majesty under His Privy Signer: But that all and every the Péers of this Realm shall have, hold, and enjoy what is provided for as aforesaid, and all and every other person or persons before men∣tioned, denoted or intended within this Proviso, shall have, hold, and enjoy what is provided for as aforesaid, notwithstanding any incapacity or disability mentioned in this Act.

Provided also, That the said Péers, and every of them may take the said Oaths, and make the said Subscription, and de∣liver the said Certificates before the Péers sitting in Par∣liament, if the Parliament be sitting within the time limi∣ted for doing thereof, and in the intervals of Parliament, in the High Court of Chancery, in which respective Courts all the said proceédings are to be recorded in manner afore∣said.

Provided always, That no married Woman, or person un∣der the age of Eightéen years, or being beyond, or upon the Seas, or found by the lawful Oaths of Twelve men, to be non compos mentis, and so being and remaining at the end of Trinity Term, in the year of our Lord One thousand six hun∣dred seventy thrée, having any Office, shall by vertue of this Act, loose or forfeit any such his or her Office (other then such married Woman during the life of her Husband only) for any neglect or refusal of taking the Oaths, and doing the other

things required by this Act to be done by persons having Offices, so as such respective persons within Four months after the death of the Husband, coming to the age of Eighteen years, returning into this Kingdom, and becoming of sound mind, shall respectively take the said Oaths, and perform all other things in manner as by this Act is appointed for persons to do, who shall happen to have any Office or Offices to them given or fallen after the end of the said Trinity Term.

Provided also, That any person who by his or her neglect or refusal, according to this Act, shall lose or forfeit any Office, may be capable by a new Grant of the said Office, or of any other, and to have and hold the same again, such person taking the said Oaths, and doing all other things required by this Act, so as such Office be not granted to, and actually enjoyed by some other person at the time of the regranting thereof.

Provided also, That nothing in this Act contained, shall ex∣tend to make any Forfeiture, Disability, or Incapacity in, by, or upon any non-Commission-Officer or Officers in His Maje∣sties Navy, if such Officer or Officers shall only subscribe the Declaration therein required, in manner as the same is di∣reted.

Provided also, That nothing in this Act contained, shall ex∣tend to prejudice George Earl of Bristol, or Anne Countess of Bristol his Wife, in the Pension or Pensions granted to them by Patent under the Great Seal of England, hearing date the Sixtéenth day of July, in the year of our Lord One thousand six hundred sixty and nine, being in lieu of a just Debt due to the said Earl from His Majesty, particularly expressed in the said Patent.

Provided also, That this Act, or any thing therein contained, shall not extend to the Office of any High Constable, Petty Constable, Tithingman, Headborough, Overseer of the Poor, Church-wardens, Surveyor of the High-ways, or any like in∣ferior Civil Office, or to any Office of Forester, or Kéeper of any Park, Chace, Warren, or Game, or of Bailiff of any Manor or Lands, or to any like private Offices, or to any person or per∣sons having only any the before mentioned, or any the like Of∣fices.

FINIS.