Disabilities, &c. all his goods (a), and two thirds of his lands, tenements, and hereditaments (b) until his death or submission, and satisfaction rendered for the arrears due up to either of these events (c): but life estates, and estates in right of a wife, are not chargeable beyond the life of the offender (d). Or in lieu of the 207. per month, the king may at once (e) take to his own use (ƒ) two-thirds of the lands, tenements and hereditaments of the offender, provided the mansion-house of the offender be not therein included; no lease of the property be made to or for the use of any recusant; and security be given in all leases against the commission of waste. All assurances by recusants to defeat these forfeitures, are void as against the crown (g). No indictment, proclamation, outlawry, or other proceeding thereon, shall be set aside for defect in form (h). On conviction of the offender he is precluded from enjoying any public office, civil or military: practising law or physic: or becoming executor, adminis (a) Choses in action in- (b) Copyholds included, 1 trator or guardian (a). And every person retaining, maintaining, relieving or harbouring any offender, other than his father, mother or ward, forfeits the sum of 101 a month (b). But after submission, conformity, and obedience, the offender is discharged by various statutes (c) from the pains and forfeitures of recusancy: the profits of his lands received in the intermediate time, however, are not restored to him (d). 2. Of Recusants persuading others to absent themselves, or impugn the King's Ecclesiastical authority. others. THE statute which defines and punishes these Persuading offences, is virtually repealed, as to Protestant Dissenters who take the oaths of allegiance and supremacy, and subscribe the declaration against transubstantiation; or, being Quakers or Moravians, who make the declarations and profession of belief mentioned in a preceding chapter: with respect to others, it remains in force. Every person above the age of sixteen years, having obstinately refused, on monition, or lawful request, to go to church, and subsequently to such refusal, forborne for one month to attend there, without reasonable cause of absence; who, after the expiration of the said month, advisedly practises or attempts, by (a) 3 Jac. 1, c. 5, s. 8, 22. the wardship is intrusted to a conformist. (b) Ibid. s. 32, 33. (c) 23 Eliz. c. 1, s. 20. 29 Eliz. c. 6, s. 6. Jac. 1, c. 4, s. 2. 3 Jac. 1, c. 4, s. 17. 3 (d) Sav. 130. 5 & 6 Ed. 6, c. 1 unrepealed. printing, writing, or express words or speeches, to persuade any person in the realm to impugn the King's authority in ecclesiastical matters; or to that end, advisedly or maliciously persuades any person to abstain from coming to church, or to be present at unlawful conventicles, under pretence of religion, is liable to imprisonment, till he conforms, and makes a public submission and declaration of conformity; in default whereof for three months after being thereto legally required, he must abjure and depart the realm for ever. If he refuses either to abjure or depart the realm, or returns from banishment without license, he incurs the guilt of felony, without benefit of clergy. And whether he abjures or not, his goods are forfeited absolutely, and his lands and hereditaments for life. If the offender openly submits and conforms, before he is required to abjure, he is discharged from all penalties; but on relapsing, he loses the benefit of his submission and conformity (a). 3. Of attending another Service than that of the Book of Common Prayer (b). THE penalties on this offence have never been mitigated or suspended by any express enactment (c). (a) 35 Eliz. c. 1; 1 Hale, 688, 690. (b) Vide supra, p. 49. n.(c). (c) The statute is not noticed by any of the Toleration acts; but the 16th section of 1 W. & M., s. 1, c. 18, was probably intended, though ineffectually, to suspend its operation. Any person within the King's dominions, willingly and wittingly present at any form of Common Prayer, administration of the sacraments, making of ministers, or other rite contained in the book of Common Prayer, other than is therein set forth, or that is contrary to the statute 2 & 3 Ed. VI., c. 1, is liable, on conviction, before the justices of oyer and terminer, justices of assize, or of the peace in their session, by a jury, his own confession, or otherwise, for the first offence, to imprisonment for six months; for the second offence, to imprisonment for one whole year; and for the third offence, to imprisonment for life (a). Oaths, &c. may be required. Persons present at an unlawful service, may at any time be required, by any justice of the peace, to take the oaths of allegiance and supremacy, and make the declaration against transubstantiation; or being Quakers, attending their own meetings, to make the usual declarations, and profession of belief; and, on refusal, the offender in either case Penalties is committed to prison, and his name certified to on refusal. the next general or quarter sessions; and on a second tender at the sessions, and refusal, he is deemed a Popish recusant, and suffers accordingly (b). And no person liable to take the oaths, on refusal, is permitted to make the declaration against transubstan (a) 5 & 6 Ed. 6, c. 1, s. 6, revived by 1 Eliz. c. 2, and 1 Jac. 1, c. 25, s. 48. The Prayer Book was last altered by 13 & 14 Car. 2, c. 4, and all laws made applicable to it. (b) 1 W. & M., s. 1, c. 18, s. 12. At unlaw ticles. tiation and assent to the articles enumerated in the Toleration act, though subsequently required, unless such person, within thirty-one days after the original tender, produce two Protestant witnesses to testify on oath, their belief of his being a Protestant Dissenter; or a certificate under the hands of four Protestants, who conform, or have taken the oaths and subscribed the declarations aforesaid, and a certificate under the hands and seals of six or more sufficient men of the congregation to which he belongs, owning him for one of them (a). And in the meantime, he must give a recognizance, with two sureties in the sum of 50l., for producing the same, or be imprisoned until the same is produced (b). 4. Of being present at unlawful Conventicles, after monition, and obstinate refusal to attend at Church. THIS section of the penal laws does not apply to ful conven- conventicles authorised by the Toleration acts (c). The offence in question, when substantiated with the minute precision required in order to convict of the offence of persuading others to absent themselves from church, or impugn the King's ecclesiastical authority, is, by the same statute, liable to the same rigorous punishment (d). (a) 1 W. & M. s. 1, c. 18, S. 14. (b) Ibid, s. 15. stat. 5 & 6 Ed. 6, c. 1, s. 6. p. 53. |