Page:Ruffhead - The Statutes at Large - vol 2.djvu/562

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520
C. 1.
Anno primo Elizabethae.
A.D. 1558.

cessors, before his or their Livery or Oustre le mains sued forth and allowed, He that doth Homage to the Queen.
He that shall be received into the Queen's Service.
(2) and every Temporal Person or Persons doing any Homage to your Highness, your'Heirs or Successors, or that shall be received into Service with your Highness, your Heirs or Successors, (3) shall make, take and receive the said corporal Oath before mentioned, before the Lord Chancellor of England, or the Lord Keeper of the Great Seal for the Time being, or before such Person or Persons as by your Highness, your Heirs or Successors, shall be named and appointed to accept or receive the same.

He that taketh Orders.
He that taketh Degrees in any University.
XXV. And that also all and every Person and Persons taking Orders, and all and every other Person and Persons which shall be promoted or preferred to any Degree of Learning in any University within this your Realm or Dominions, before he shall receive or take any such Orders, or be preferred to any such Degree of Learning, shall make, take and receive the said Oath by this Act set forth and declared as is aforesaid, before his or their Ordinary, Commissary, Chancellor or Vicechancellor, or their sufficient Deputies in the said University.

He that hath Estate of Inheritance in a Temportal Office, firstr refuseth, and then taketh the Oath. XXVI. Provided always, and that it may be further enacted by the Authority aforesaid, That if any person, having any Estate of Inheritance in any Temporal Office or Offices, shall hereafter obstinately and peremptorily refuse to accept and take the said Oath as is aforesaid, and after at any Time during his Life shall willingly require to take and receive the said Oath, and so do take and accept the same Oath before any Person or Persons that shall have lawful Authority to minister the same; that then every such Person, immediately after he hath so received the said Oath, shall be vested, judged and deemed in like Estate and Possession of the said Office, as he was before the said Refusal, and shall and may us and exercise the said Office in such Manner and Form as he should or might have done before such Refusal; any Thing in this Act contained to the contrary in any wise notwithstanding.

XXVII. And for the more sure Observation of this Act, and the utter Extinguishment of all foreign and usurped Power and Authority; (2) may it please your Highness, that it may be further enacted by the Authority aforesaid, That if any Person or Persons dwelling or inhabiting within this your Realm, or in any other your Highness Realms or Dominions, of what Estate, Dignity or Degree soever he or they be, after the End of thirty Days next after the Determination of this Sess of this present Parliament, shall by Writing, Printing, Teaching, Preaching, Express Words, Deed or Act, advisedly, maliciously and directly affirm, hold, stand with, set forth, maintain or defend, the Authority, Preheminence, Power or Jurisdiction, Spiritual or Ecclesiastical, of any foreign Prince, Prelate, Person, State or Potentate whatsoever, heretofore claimed, us or usurped within this Realm, or any Dominion or Country being within or under the Power, Dominion or Obeysance of your Highness; The Penalty of the Maintenance of foreign Authority.
Dyer 363.
(3) or shall advisedly, maliciously and directly put in Ure or execute any Thing for the Extolling, Advancement, setting forth, Maintenance or Defence of any such pretended or usurped Jurisdiction, Power, Preheminence and Authority, or any Part thereof; (4) that then every such Person and Persons so doing and offending, their Abettors, Aiders, Procurers and Counsellors, being thereof lawfully convicted and attainted, according to the due Order and Course of the Common Laws of this Realm, for his or their first Offence shall forfeit and lose unto your Highness, your Heirs and Successors, all his and their Goods and Chattels, as well real as personal.

The Forfeiture for the first Offence. XXVIII. And if any such Person so convicted or attainted shall not have or be worth of his proper Goods and Chattels to the Value of twenty Pounds, at the Time of his Conviction or Attainder; that then every such Person so convicted or attainted, over and besides the Forfeiture of all his said Goods and Chattels, shall have and suffer Imprisonment by the Space of one whole Year, without Bail or Mainprise.

XXIX. And that also all and every the Benefices, Prebends and other Ecclesiastical Promotions and Dignities whatsoever, of every Spiritual Person so offending, and being attainted, shall immediately after such Attainder be utterly void to all Intents and Purposes, as though the Incumbent thereof were dead; (2) and that the Patron and Donor of every such Benefice, Prebend, Spiritual Promotion and Dignity, shall and may lawfully present unto the same, or give the same, in such Manner and Form as if the said Incumbent were dead; Forfeiture of the second Offence.(3) and if any such Offender or Offenders, after such Conviction or Attainder, do estsoons commit or do the said Offences, or any of them, in Manner and Form aforesaid, and be thereof duly convicted and attainted, as is aforesaid; that then every such Offender and Offenders shall for the same second Offence incur into the Dangers, Penalties and Forfeitures ordained and provided by the 16 R. 2. c. 5.Statute of Provision and Præmunire, made in the Sixteenth Year of the Reign of King Richard the Second.

The Penalty of the third Offence XXX. And if any such Offender or Offenders, at any Time after the said second Conviction and Attainder, do the third Time commit and do the said Offences, or any of them, in Manner and Form aforesaid, and be thereof duly convicted and attainted, as is aforesaid; that then every such Offence or Offences shall be deemed and adjudged High Treason, and that the Offender or Offenders therein, being thereof lawfully convicted and attainted, according to the Laws of this Realm, shall suffer Pains of Death, and other Penalties, Forfeitures and Losses, as in Cases of High Treason by the Laws of this Realm.

Within what Time an Offender shall be impeached. XXXI. And also that it may likewise please your Highness, that it may be enacted by the Authority aforesaid, That no Manner of Person or Persons shall be molested or impeached for any of the Offences so committed or perpetrated only by Preaching, Teaching or Words, unless he or they be thereof lawfully indicted within the Space of one Half Year next after his or their Offences so committed: (2) And in case any Person or Persons shall fortune to be imprisoned for any of the said Offences committed by Preaching, Teaching, or Words only, and be not thereof indicted within the Space of one Half Year next after his or their first Offence so committed and done; that then the said Person so imprisoned shall be set at Liberty, and be no longer detained in Prison for any such Cause or Offence.

All Things touching the Præmunire in 1 & 2 Ph. & M. c. 8. §. 40. do

XXXII. Provided always, and be it enacted by the Authority aforesaid, That this Act, or any Thing therein contained, shall not in any wise extend to repeal any Clause, Matter or Sentence contained or specified in the said Act of Repeal made in the said first and second Years of the Reigns of the said late King
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