Page:Ruffhead - The Statutes at Large - vol 3.djvu/52

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4
C. 4.
Anno Secundo [vulgo primo] Jacobi I.
A.D. 1604.

III. And if any Recusant shall hereafter die, his Heir being no Recusant, That in every such Case, every such Heir shall be freed and discharged of all and singular the Penalties, Charges and Incumbrances, happening upon him or her in Respect or by Reason of his. or her Ancestor's Recusancy: (2) And if at the Decease of any such Recusant, his Heir shall happen to be a Recusant, and after shall become conformable and obedient to the Laws and 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 Intent and true Meaning of the said Statutes and Ordinances in that Behalf made as is aforesaid, and also shall take the Oath of Supremacy in such Sort as that Oath is expressed in one Act of Parliament made in the first Year of the Reign of our late Sovereign Lady Queen Elizabeth[1], before the Archbshop or Dishop of the Diocese; That in every such Case, every such Heir shall be freed. and discharged of all and singular the Penalties, Charges and Incumbrances, happening upon him or her in Respect or by Reason of any of his or her Ancestor's Recusancy.

A Recusant's Heir within Age at the Time of his Ancestor's Death.IV. Provided always, and be it enadted by Authority of this prefent Parliament, That if the Heir of any Recusant shall happen to be within the Age of sixteen Years at the Time of the Decease of his or Ancestor, and shall after his or her said Age of sixteen Years, become or be a Recusant, that in every such Case, any such Heir shall not be freed or discharged of all or any of the Penalties, Charges and Incumbrances happening upon him or her in Respect or by Reason of any of his or her Ancestor's Recusancy, until he or she shall submit or reform him or herself, and become obedient to the Laws and Ordinances of the Church of England, and repair to the Church, and continue there during the Time of Divine Service and Sermons, according to the Intent and true Meaning of the said Statutes and Ordinances in that Behalf as is aforesaid, and shall take the said Oath of Supremacy in Manner and Form afore expressed; and yet nevertheless, from and after such Submission and Oath had and taken, every such Heir shall be freed and discharged of all and singular the Penalties, Charges and Incumbrances happening upon him or her in Respect or by Reason of any of his or her Ancestors Recusancy.

A third part of his Living shall remain clear to a Recusant.V. And be it further enacted by Authority of this present Parliament, That where any Seizure shall be his Living shall had of the two Parts of any Lands, Tenements, Hereditaments, Leases or Farms, for the not Payment of the twenty Pounds, due and payable for each Month, according to the Statute[2] in that Case lately made and provided; That in every such Case, every such two Parts shall, according to the Extent thereof, go towards the Satisfaction and Payment of the twenty Pounds due and payable for each Month, and unpaid by any such Recusant: (2) And that the third Part thereof shall not be extended or seized by the King's Majesty, his Heirs or Successors, for not Payment of the said twenty Pounds payable for each Month forfeited or lost by any such Recusant: The two parts of a Recusant's Lands, after his Death, shall remain in the King's Hands until he be satisfies of the Arrearages(3) And where any such Seizure shall be had of the two Parts of the Lands, Tenements, Hereditaments, Leases or Farms of any such Recusant as is aforesaid, and such Recusant shall die, (the Debt or Duty, by Reason of his Recusancy, not paid, satisfied or discharged) that in every such Case, the same two Parts shall continue in his Majesty's Possession, until the Residue or Remainder of the said Debt or Duty be thereby or otherwise paid, satisfied or discharged: (4) And that his Majesty, his Heirs or Successors, shall not seize or extend any third Part descending to any such Heirs or any Part thereof, either by Reason of the Recusancy of his or her Ancestor, or of the Recusancy of any such Heir.

None shall go or send any other to a Sminary &c.[3]VI. And be it further enacted by the Authority of this present Parliament, That all and every Person and Persons under the King's Obedience, which at any Time (after the End of this Session of Parliament) shall pass or go, or shall send or cause to be sent, any Child, or other Person under their or any of their Government, into any the Parts beyond the Seas, out of the King's Obedience, to the Intent to enter into, or to be resident in any College, Seminary or house of Jesuits, Priests or any other Popish Order, Profession or Calling whatsoever, or repair in or to any the same, to be instructed, perswaded or strengthened in the Popish Religion, or in any Sort to profess the same; every such Person so sending or causing to be sent, any Child or other Person, beyond the Seas to any such Purpose or Intent, shall for every such Offence forfeit to his Majesty, his Heirs and Successors, the Sum of one hundred Pounds: Farther provisons relating hereto[4](2.)And every such Person so passing or being sent beyond the Seas to any such Intent or Purpose as is aforesaid, shall by Authority of this present Act, as in Respect of him or herself only, and not to or in Respect of any of his Heirs or Posterity, be disabled and made incapable to inherit, purchase, take, have or enjoy any Manors, Lands, Tenements, Annuities, Profits, Commodities, Hereditaments, Goods, Chattels, Debts, Duties, Legacies or Sums of Money, within this Realm of England, or any other his Majesty's Dominions: (3) And that all and singular Estates, Terms, and other Interests whatsoever hereafter to be made, suffered or done, to or for the Use or Behoof of any such Person or Persons, or upon any Trust or Confidence, mediately or immediately, to or for the Benefit or Relief of any such Person or Persons shall be utterly void and of none Effect, to all Intents, Constructions and Purposes.

They who be in Seminaries shall return. VII. And be it further enacted by the Authority aforesaid.[5] That if any Person born within this Realm return or any the King's Majesty's Dominions, be at this present in any College, Seminary, House or Place in any Parts beyond the Seas, to the End to be instructed or strengthened in the Popish Religion, which shall not make Return into this Realm, or some of his Majesty's Dominions, within one Year next coming after the End of this Session of Parliament, and submit himself as is aforesaid,[6] shall be in respect of himself only, and not to or in Respect of any of his Heirs or Posterity, utterly disabled and incapable to inherit, have or enjoy any Manors, Lands, Tenements, Hereditaments, Goods, Chattels, Debts, or other Things aforesaid, within this Realm or any other his Majesty's Dominions. A remedy for such as do return into the Relam, and become conformable to the laws.(2) Provided always. That if any such Person or Child so passing, sent, sending, or now being, beyond the Seas as aforesaid, to such Intent as is before-mentioned, shall after become conformable, and obedient unto the Laws and Ordinances of the Church of England, and shall repair to the Church, and there remain and be as is aforesaid, and continue in such Conformity, according to the true Intent and Meaning of the said Statutes and Or-
dinances

  1. 1 Eliz. c. 1.
  2. 29 Eliz. c. 6.
  3. 3 Jac. 1. c. 5.
  4. 3 Car. 1. c. 2. sect 1.
  5. 27 Eliz c. 2.
  6. Explained by 3 Geo. 1. c. 18 sect 4.