PART I. CLASS II. No. 4. Stat. 3 Jac. 1. c. 5. 1 Haw. P. C. c. 12. Bura, V. 2. 309, &c. of him who 3 Jac. I. Cap. 5. An Act to prevent and avoid Dangers which grow by Popish WHEREAS divers Jesuits, Seminaries, and Popish Priests, daily do withdraw many of his Majesty's subjects from the true service of Almighty God, and the religion established within this realm, to the Romish religion, and from their loyal obedience to his Majesty, and have of late secretly persuaded divers Recusants and Papists, and encouraged and emboldened them to commit most damnable treasons, tending to the overthrow of God's true religion, the destruction of his Majesty and his royal issue, and the overthrow of the whole State and Commonwealth, if God of his goodness and mercy had not within few hours before the intended time of the execution thereof, revealed and disclosed the same; wherefore, to discover and prevent such secret damnable conspiracies and treasons as hereafter may be put in use by such evil-disposed persons, if remedy be not therefore provided; be it enacted by the King's most excellent Majesty, the Lords Spiritual and Temporal, and the Commons, in this present Parliament The reward assembled, and by the authority of the same, That such discovereth person as shall first discover to any Justice of Peace, any a Priest or Recusant or other person which shall entertain or relieve any Jesuit, Seminary or Popish Priest, or shall discover any Mass to have been said, and the persons that were present at such Mass, and the Priest that said the same, or any of them, within three days next after the offence committed, and that by reason of such discovery any of the said offenders be taken and convicted or attainted, that then the person which hath made such discovery, shall not only be freed from the danger and penalty of any law for such offence, if he be an offender therein, but also shall have the third part of the forfeiture of all such sums of money, goods, chattels, and debts, which shall be forfeited by such offence, (so as the same total forfeiture exceed not the sum of one hundred and fifty pounds; and if it exceed the sum of one hundred and fifty pounds, the said person so discovering the said offence, shall have the sum of fifty pounds only for every such discovery;) and such person so discovering the same, after conviction of the offender, shall have a certificate from the Judges or Justices of the Peace before whom such conviction shall happen, to be directed to the Sheriff or other officer of the same county, limit, or Mass. 2 Roll. 437. No. 4. Stat. 3 place, that shall seize the goods, or levy the said forfeiture, PART I. commanding the said Sheriff or other officer to pay the CLASS 11. same accordingly to him that so discovered the same, out of the monies to be levied by virtue of the said forfeitures, Jac. 1. c. 5. which warrant and payment shall be effectual in the law for that purpose, and a sufficient discharge in that behalf for the Sheriff or other officer upon his account. come to the II. And whereas the repair of such evil-affected persons A Recusant to the court, or to the city of London, may be very dan- shall not gerous to his Majesty's person, and may give then more court. liberty to meet, consult, and plot their treasons and practices against the State, than if they should be restrained and confined unto their private houses in the country: for remedy hereof, be it enacted by the authority aforesaid, That no Popish Recusant convicted or to be convicted shall come into the court or house where the King's Majesty, or his Heir Apparent to the crown of England shall be, unless he be commanded so to do by the King's Majesty, his heirs and successors, or by warrant in writing from the Lords and others of the most honourable Privy Council of the King's Majesty, his heirs and successors, or any of them; upon pain to forfeit, for every time so offending, one hundred pounds; the one moiety to the King's Majesty, his heirs and successors; the other moiety to him that will discover and sue for the same, by action of debt, bill, plaint, or information, in any of his Majesty's Courts of Record, wherein no essoin, protection, or wager of law, shall be allowed. from Lon III. And, that all Popish Recusants indicted or con- Recusants victed, and all other persons which have not repaired to shall depart some usual church or chapel, and there heard Divine don. service, but have forborne the same by the space of three months last past, contrary to the laws and statutes of this realm, dwelling, abiding, or remaining within the city of London, or the liberties thereof, or within ten miles of the said city, shall within three months next after the end of this session of Parliament, depart from the said city of London, and ten miles compass of the same; and also shall deliver up their names to the Lord Mayor of London, in case such Recusant do dwell or remain within the said city of London, or the liberties thereof: and in case the said Recusant shall dwell or remain in any other county within ten miles of the same city, then the said Recusant shall deliver up his or her name to the next Justice of Peace within such county where the said Recusant shall so dwell or remain, within forty days after the end of this session of Par PART 1. liament; upon pain that every person offending herein shall CLASS II. forfeit to our Sovereign Lord the King's Majesty, his heirs No. 4, and successors, the sum of one hundred pounds; the one Jac. 1. c. 5. moiety whereof shall be to the King's Majesty, his heirs and Stat. 3 Tradesmen successors; the other moiety to him or them that will sue for the same by action of debt, bill, plaint, or information, in any of the King's Majesty's Courts of Record, wherein no essoin, protection, or wager of law shall be admitted or allowed. IV. And that all Popish Recusants which shall hereafter come, dwell, or remain within the said city of London, or the liberties thereof, or within ten miles of the said city, which now are or hereafter shall be indicted or convicted of such Recusancy, or which shall at any time hereafter not repair unto some usual church or chapel, and there hear Divine service, but shall forbear the same by the space of three months, contrary to the laws and statutes of this realm, shall within ten days after such indictment or conviction depart from the said city of London, and ten miles compass of the same, and also shall deliver up their names to the Lord Mayor of London for the time being, in case such Recusant shall dwell or remain within the said city of London, or the liberties thereof; and in case the said Recusant shall dwell or remain in any other county within ten miles of the said city, then the said Recusant shall deliver up his or her name to the next Justice of Peace within such county where the said Recusant shall so dwell or remain, within the said ten days next after such indictment or conviction; upon pain that every person offending herein shall likewise forfeit to our said Sovereign Lord the King's Majesty, his heirs and successors, the like sum of one hundred pounds: the one moiety whereof shall be to the King's Majesty, his heirs and successors, and the other to him or them that will sue for the same by action of debt, bill, plaint, or information, in any of the King's Majesty's Courts of Record, wherein no essoin, protection, or wager of law, shall be admitted or allowed. V. Provided always, That such person or persons as now and dwell use any trade, mystery, or manual occupation within the ers in Lon- said city of London, or within ten miles of the same, and don. such as have or shall have their only dwelling within the said city, or ten miles compass of the same, not having any other dwelling or place of abode elsewhere, shall or may remain and continue in such place within the said city, or ten miles of the same, as they have dwelled, inhabited, or remained in by the space of three months next before this present session of Parliament; any thing herein contained PART 1. to the contrary notwithstanding. CLASS II. No. 4. Stat. 3 VI. And whereas by a Statute made at Westminster in the five and thirtieth year of the reign of Queen Elizabeth, Jac. 1. c. 5. intituled An Act for the restraining of Popish Recusants to 35 Eliz. C. some certain place of abode, it was, amongst other things, 2. ordained and enacted, That every Popish Recusant then or after convicted for not repairing to church, chapel, or usual place of common prayer, having any certain place of dwelling and abode within this realm, should within the time limited by the said Statute repair to their place of usual dwelling and abode, or not having any certain place of dwelling or abode within this realm, should likewise within the time limited by the said Statute repair to the place where such person was born, or where the father or mother of such person should be dwelling, and not at any A Recusant time remove or pass above five miles from thence, under confined. the pains in the said Statute limited and provided; which Statute, by reason of sundry licences given unto such Recusants, under colour of a proviso in the said Statute contained, hath not wrought that good effect in the Commonwealth as was hoped: Be it therefore enacted and ordained by this present Parliament, and by the authority of the same, That the said Statute, made in the said five A repeal of and thirtieth year of the said Queen Elizabeth, for and a proviso concerning the confining of the said Recusants under the in the Stapains and penalties therein contained, shall by this Act, tute of and by the authority of the same, be confirmed, and be 35 Eliz. c. hereafter put in due execution, according to the tenor, true licence to intent and meaning of the said Statute in that behalf made: Recusants. and that the said proviso in the said Statute contained, giving power to grant licence or licences unto the said Recusants, to go and travel from or out of the compass of the said five miles, shall be, from and after the end of this present session of Parliament, utterly repealed and void; any thing in the said Statute to the contrary in any-wise notwithstanding. contained 2. touching confined. VII. Provided nevertheless, and be it further enacted Licence to by this present Parliament, and by the authority of the a Recusant same, That it shall and may be lawful for the King's most Cro. Jac. excellent Majesty, his heirs and successors, or for three or 352. more of his Majesty's most Honourable Privy Council, or for three or more of the Privy Council of his heirs and successors, in writing under the hands of the said Privy Counsellors, to give licence to every such Recusant to go and travel out of the compass of the said five miles, for such No. 4. Stat. 3 PART I. time as in the said licence shall be contained, for their traCLASS II. velling, attending, and returning, and without any other cause to be expressed within the said licence: and if any Jac. 1. c. 5. of the persons which are so confined by virtue of the said Statute, as is aforesaid, shall have necessary occasion or business to go and travel out of the compass of the said five miles, that then and in every such case, upon licence in writing in that behalf to be gotten, under the hands and seals of four of the Justices of Peace of the same county, limit, division, or place next adjoining to the place of abode of such Recusant, with the privity and assent in writing of the Bishop of the diocese, or of the Lieutenant, or of any Deputy-Lieutenant of the same county residing within the said county or liberty, under their hands and seals: in every of which licence or licences in writing so to be had and made, shall be specified and contained both the particular cause of the said licence, and the time how long the said party licensed shall be absent in travelling, attending and returning: it shall and may thereupon be lawful for every such person so licensed, to go and travel about such their necessary business, and for such time only for their travelling, attending and returning, as shall be comprised in the said licence, the said party so licensed first taking his corporal oath before the said four Justices of the Peace, or any of them (who shall have authority by virtue of this Act to minister the same) that he hath truly informed them of the cause of his journey, and that he shall not make any The effect causeless stays: and that all and every licence hereafter to of a licence be made in this behalf, contrary to the tenor, effect and ed by four true meaning of this Statute, shall be utterly void, frustrate Justices of and of none effect; any thing in the said former Act or to be grant Peace. in this Act to the contrary notwithstanding. And every person so confined, which shall depart or go above five miles from the place whereunto he is or shall be confined, not having such licence, and not having taken such oath as aforesaid, shall incur the pain and penalty, and forfeit as a Recusant convicted, and passing or going above five miles from the said place whereunto he is or shall be con35 Eliz. c. fined, by the said Statute of tricesimo quinto Elizabethæ, should do. 2. A Recusant VIII. And be it further enacted by the authority aforedisabled to said, That no Recusant convict shall at any time after the practise certain end of this session of Parliament practise the Common Law offices and of this realm as a Counsellor, Clerk, Attorney or Solicitor functions. in the same, nor shall practise the Civil Law as Advocate or Proctor; nor practise physick, nor use or exercise the |