Practices as evidently apears by that more than barbarous and horrible Attempt to have blown up with Gun-Powder the King, Queen, Prince, Lords and Commons in the House of Parliament assembled, tending to the utter Subversion of the whole State, lately undertaken by the Instigation of Jesuits and Seminaries, and in Advancement of their Religion, by their Scholars taught and instructed by them to that Purpose, which Attempt by the only Goodness of Almighty God was discovered and defeated: Some popishly affected do repair to the Church. (2) And where divers Persons popishly affected, do nevertheless, the better to cover and hide their false 'Hearts, and with the more Safety to attend the Opportunity to execute their mischievous Designs,,repair sometimes to Church, to escape the Penalty of the Laws in that Behalf provided :
1 Haw, P. C., cb. 12.,Barn v, 2--309., &c. II For the better Discovery therefore of such Persons, and their evil Affections to the King's Majesty, and the State of this his Realm, to the End that being known, their evil Purposes may be the better prevented; (2) be it enacted by the King's most excellent Majesty, the Lords Spiritual and Temporal, and the Commons, in this prsent Parliament assembled, and by the Authority of the same, That every Popish Recusant convicted, be hereafter to be convicted, which heretofore hath conformed him or her self or which shall hereafter conform him or her self, and repair to the Church, and continue there during the Time of Divine Service, according to the 1 Eliz. c. 1.,2 Eliz. c. 1.,13 Eliz. c. 1.,23 Eliz.c. 1.,27 Eliz. c. 2.,29 Eliz. c. 6.,35 Eliz.c, 1 & 2.Laws and Statutes in that Behalf made and provided shall within the first Year next after the End of this Session of Parliament (if he or she be conformed, as aforesaid, before the End of this Session of Parliament) or within the first Year next after that he or she shall after this Session of Parliament so conform him or her self, and repair to Church, as aforesaid-, and after the said first Year, shall once in every Year following at the least, receive the blessed Sacrament of the Lord's. Supper in the Church of that Parish where he or she shall most usally abide or be within the said 'Year, wherein by the true Meaning of this Statute he or she ought so to receive:
III And if there be no such-'Parish' Churchy' then in the Church next adjoining to the Place of his or her such most usual Abode: The Forfeiture of a conformed Recusant which doth not receive the Sacrament of the Lord's Supper yearly, Cro. Jac. 365. (2) And if any Recusant so conformed shall not receive the said Sacrament of the Lord's Supper accordingly, he or she shall for such not receiving lose and forfeit for the first Year, twenty Pounds, and for the second Year for such not receiving, forty Pounds, and for every Year after for such not receiving, three score Pounds, until he or she shall have received the said Sacrament, as is aforesaid : (-3) And if after he or she shall have received the said Sacrament, as is aforesaid, and after shall eftsoons at any Time offend in not receiving the said Sacrament, as is aforesaid, by the Space of one whole Year, that in every such Case such Person so offending shall for every such Offence lose and forfeit three score Pounds of lawful English Money ; (4) the one Moiety to be to our Sovereign Lord the King's Majesty, his Heirs and Successors, and the other Moiety to him that will sue for the same ; (5) and to be recovered in any of the King's Courts of Record at Westminster, or before Justices of Assize or General Gaol-delivery, or before Justices of the Peace at their General Quarter-Sessions, by Action of Debt, Bill, Plaint, or Information, wherein no Essoin, Protection or Wager of Law shall be allowed. Presenting the monthly Absence from' Church of a RecusantIV. And be it further enacted by the Authority of this present Parliament, That the Church-wardens and Constables of every Town, Parish or Chapel, for the Time being, or some one of them, or if there be none such, then the Chief Constables of the Hundred where such Town, Parish or Chapel is or shall be, or one of them as well in Places exempt as not exempt, shall once in every Year present the monthly Absence from Church of all and all manner of popish Recusants within such Towns and Parishies ; I Shower 509.,Cro. Car. 504.A Recusants Children and Servants.(2) and shall present the Names of every of the Children of the said Recusants, being of the Age of nine Years and upwards, abiding with their said Parents, and as near as they can the Age of every of the said Children, as also the Names of the Servants of such Recusants, at the General or Quarter Sessions of that Shire, Limit, Divifion, or Liberty. _ The presentments recordedV. And be it further enacted by the Authority aforesaid. That all such Presentments shall be accepted, entered and recorded in the said Sessions by the Clerk of the Peace, or Town-Clerk for the Time being, or his Deputy, without any Fee to be had, asked or taken for the same : (2) And in Default of such Presentment to be made, the said Church-wardens, Constables, or high Constables respectively, shall for every such Default forfeit twenty Shillings : (3) and in Default of such accepting, entering and recording without Fee, as aforesaid, the said Clerk of the Peace or Town-Clerk shall for every such Offence forfeit and lose forty Shillings.
The reward of the Church wardens and Constables VI. And that upon every Presentment of such monthly Absence as aforesaid, whereupon such Party so presented shall after happen to be indicted and convicted, (not being for the same Absence before presented) then the said Church-wardens, Constables or High Constables respectively so making such Presentments, shall have a Reward of forty Shillings; (2) to be levied out of the Recusant's Goods and Estate, in such Manner and Form as by the more Part of the said Justices shall be by Warrant under their Hands and Seals then and there ordered and appointed.
What Officers sha; enuire of OffendersVII. And be it further enacted by the Authority aforesaid, That the Justices of Assize and Gaol-delivery at their Assizes, and the said Justices of Peace at any of their said Sessions, shall have Power and Authority by Virtue of this Act to enquire, hear and determine of all Recusants and Offences, as well for not receiving the Sacrament aforesaid, according to the Meaning of this Law, as for not repairing to Church, according to the Meaning of former Laws, in such Manner and Form as the said Justices of Assize and Gaol-delivery do or may now do by former Laws, in the Case of Recusancy for not repairing to Church; {2) and also shall have Power at their said Assizes and Gaol-delivery, and at the Sessions in which any Indictment against any Person, either for not repairing to Church according to former Laws,
or not receiving the said Sacrament according to this Law, fhall be taken) to make Proclamation, by which it shall be commanded, that the Body of every such Offender shall be rendered to the Sheriff of the same County, or Bailiff, or other Keeper of the Gaol of the Liberty, before the next Assizes and General Gaol-deiivery-, or before the next, General or Quarter-Sessions respectively to be holden for thesaid
