Page:Ruffhead - The Statutes at Large - vol 3.djvu/51

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A.D. 1604
Anno secundo [vulgo primo] Jacobi I.
C. 3, 4.
3

also performe and accomplish that real and effectuall Union already inherent in his Maiesties Royal Blood and Person, and now desired by his Maiestie to be performed and brought to an End, for the Weak of both Kingdomes, by this Course following, &c.

CAP. III.
An Act against the Diminution of the Possessions of Archbishopricks and Bishopricks, and for Avoiding of Dilapidations of the same.

All Assurances made to the King of the lands of Bishops shall be void.'WHEREAS all the Archbishiopricks and Bishopricks within this Realm of England, were in ancient Times founded by his Majesty's most noble Progenitors, Kings of this Realm, and in Respect thereof, his Majesty is lawful and rightful Patron of all and every of the same: By the Statute of 1. El. c. 19. no Bishop can make any Lease of his Land but for 21 years, or three lives, to a subject.(2) And where also by the Laws and Statutes of this Realm, no Archbishop or Bishop can make any Conveyance, Assurance or Estate whatsoever, of any Honours, Castles, Manors, Lands, Tenements or Hereditaments. Parcel of the Possessions of his Archpishoprick or Bishoprick, or united, appertaining or belonging to any of the same, to any Subject whatsoever, whereby any Estate should or might pass from any Archbishop or Bishop, other than for Term of one and twenty Years, or three Lives, with such Reservations of Rent, and in such Manner and Form, as by the Laws and Statutes are provided: (3) His most excellent Majesty understanding that divers Persons have with great Suit and Importunity sought to frustrate the true End and Intent of the said good Laws and Statutes in that Behalf, of his Christian and Princely Piety and Care, minding so to patronize and protect the said Possessions from Alienation or Diminution, as that the same may, according to the true Intent of the Founders, remain and continue in Succession to the Archbishops and Bishops of this Realm and their Successors, for the better Maintenance of God's true Religion, Keeping of Hospitality, and Avoiding of Dilapidations, and thereby forever hereafter to avoid all Suits and Importunities for or concerning any of the said Possessions, hath out of his own meer and godly Motion, and of his blessed Disposition for the publick Good, without all Regard of any private Respect, vouchsafed and is pleased. That it may be enacted and established by his Majesty, by and with the Assent of the Lords Spiritual and Temporal, and the Commons, in this present Parliament assembled':

No Bishop shall assure his land to the King.[1][2] II. And be it enacted and established by Authority of the same. That every Archbishop and Bishop within this Realm, and their and every of their Successors, shall be from and after the End of this present Session of Parliament, for ever wholly and utterly disabled in Law, to make, do, levy or suffer any Act or Acts, Thing or Things, whereby or by Means whereof, any of the said Honours, Castles, Honnors. Lands, Tenements or Hereditaments or any Part of them, or any of them, shall or may be aliened, assured, given, granted, demised, charged, or in any Sort conveyed to our said Sovereign Lord the King, his Heirs or Successors: (2) And that all Alienations, Assurances, Gifts, Grants, Leases, Charges and Conveyances whatsoever, from and after the End of this present Session of Parliament, to be done, suffered or made to our Sovereign Lord the King, his Heirs or Successors, by any Archbishop or Bishop, or their or any of their Successors, of or out of any of the said Possessions, or of or out of any Part or Parcel of them or any of them, and all and every Confirmation and Confirmations of the same, shall be from and after the End of this present Session of Parliament utterly void and of none Effect, to all Intents, Constructions and Purposes; any former Law, Statute, Ad, Ordinance or other Matter or Thing to the contrary notwithstanding.[3]

CAP. IV.
An Act for the due Execution of the Statutes against Jesuits, Seminary Priests, Recusants, & c.

FOR the better and more due Execution of the Statutes heretofore made, as well against Jesuits, Seminary Priests, and other such like Priests, as also against all Manner of Recusants; Statutes made in the Reign of Qu. Elizabeth shall be put into Execution
In what Case a Recusant's Heir shall be charged, in what not.
Going into Seminaries.[4]
(2) Be it ordained and enacted by Authority of this present Parliament, That all and every the Statutes heretofore made in the Reign of the late Queen of famous Memory, Elizabeth[5], as well against Jesuits, Seminary Execution. Priests and other Priests, Deacons, Religious and Ecclesiastical Persons whatsoever, made, ordained or professed, or to be made, ordained or professed, by any Authority or Jurisdiction derived, challenged or pretended from the See of Rome, as those which do in any wise concern the withdrawing of the King's Subjests from their due Obedience, and the Religion now professed, and the Taking of the Oath of Obedience unto the King's Majesty, his Heirs and Successors, together with all those made in the said late Queen's Time, against any Manner of Recusants, shall be put in due and exact Execution.

A Recusant conforming himself shall be discharged[6][7]II. Provided nevertheless, and be it enacted by the Authority of this present Parliament, That if any that is or shall be a Recusant shall submit or reform him or herself, and become obedient to the Laws and forming himself Ordinances of the Church of England, and repair to the Church, and continue there during the Time of the Divine Service and Sermons, according to the true Meaning of the Statutes in that Behalf, in the said late Queen's Time made and provided. That then every such Perfsn for and during such Time as he or she shall so continue in such Conformity and Obedience, shall from thenceforth be freed and discharged of and from any the Penalties and Losses which the same Person might otherwise sustain and bear in Respect or by Reason of such Person's Recusancy.
III. And

  1. 10. Co.. 62
  2. 11 Co. 71.
  3. Co. Litt. 44. a.
  4. 3 Inst 178.
  5. 1 Eiiz. c 1. 5 Eliz. c. 1. 13 Eliz. c. 2. 23 Eliz. c. 1. 27 Eliz. c. 2, 29 Eliz. c, 6. 35 Eliz. c. 1, 2.
  6. 2 Bulstr. 324
  7. Raym. 465, 466