Page:Ruffhead - The Statutes at Large - vol 3.djvu/91

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A.D. 1605.
Anno tertio Jacobi I.
C. 4
43

Persons, their Crown and Dignity, by Reason or Colour of any such Sentence or Declaration, or otherwise, and will do my best Endeavour to disclose and make known unto his Majesty, his Heirs and Successors, all Treasons and traiterous Conspiracies which I shall know or hear of to be against him or any of them.

'And I do further swear. That I do from my Heart abhor, detest and abjure, as impious and heretical, this damnable Doctrine and Position, That Princes which be excommunicated or deprived by the Pope, may be deposed or murdered by their Subjects, or any other whatsoever.

'And I do believe, and in my Conscience am resolved, That neither the Pope nor any other Person whatsoever, hath Power to absolve me of this Oath or any Part thereof, which I acknowledge by good and full Authority to be lawfully ministred unto me, and do renounce all Pardons and Dispensations to the contrary.

' And all these things I do plainly and sincerely acknowledge and swear, according to these express Words by me spoken, and according to the plain and common Sense and Understanding of the same Words, without any Equivocation or mental Evasion, or secret Reservation whatsoever: And I do make this Recognition and Acknowledgment heartily, willingly and truly, upon the true Faith of a Christian. "So help me God.

Unto which Oath so taken, the said Person shall subscribe his or her Name or Mark.

No Indictment of a Recusant shall be reversed for Default of Form.[1]And be it further enacted by the Authority aforesaid. That no Indictment or Indictments had or found, or hereafter to be had or found, against any Person or Persons, for not repairing to some Church or Chapel, or usual Place of Common Prayer, but absenting him or herself by the Space of one Month, contrary to the Laws and Statutes in that Behalf provided, or for not receiving the said Sacrament contrary to this present Law, nor any Proclamation, Outlawry or other Proceeding thereupon, shall at any Time hereafter be avoided, discharged or reversed, by reason of any Default in Form, or Lack of Form or other Defect whatsoever (other than by direct Traverse to the Point of not coming to Church or not receiving the said Sacrament, whereof such Person or Persons hath been or shall be indicted) but the same Indictment shall stand in force and be proceeded upon; any such Default of Form, or other Defect whatsoever notwithstanding.

He that conformeth himself may traverse an IndictmentProvided always. That if any Person or Persons so indicted or to be indicted, shall at any Time hereafter submit and conform him or her self, and become obedient to the Laws of the Church of England, and repair to the Parish Church of his or her most Abiding, and if there be no such, then to the Church next adjoining to his or her such Dwelling, and there hear Divine Service according to the true Meaning of the Statute in that Behalf made and provided, and there publickly receive the said Sacrament according to the Laws of this Realm of England now establifhed; That then every such Person and Persons so indicited shall and may from thenceforth be admitted and allowed to avoid, discharge, reverse and undo the said Indictment and Indictments, and all Proceedings thereupon, in such Manner and Form as if this present Act had not been had nor made; any Thing herein contained to the contrary in any wise notwithstanding.

He shall take the Oath who goeth out of the Realm to serve a foreign Prince. [2]'XVIII. And forasmuch as it is found by late Experience, That such as go voluntarily out of this the Realm of England to serve Foreign Princes, States or Potentates, are for the most part perverted in their Religion and Loyalty by Jesuits and Fugitives, with whom they do there converse;' (2) Be it therefore enacted by the Authority aforesaid. That every Subject of this Realm that, after the tenth Day of, June next coming, shall go or pass out of this Realm to serve any Foreign Prince, State or Potentate, or shall after the said tenth Day of June pass over the Seas, and there shall voluntarily serve any such Foreign Prince, State or Potentate, not having before his or their going or passing as aforesaid, taken the Oath aforesaid, before the Officer hereafter appointed, shall be a Felon.

A Gentleman, Captain, or Lieutenant serving a foreign Prince shall be bound to the King, &c.IX. And that if any Gentlemen or Person of higher Degree, or any Person or Persons which hath born or shall bear any Office or Place of Captain, Lieutenant or any other Place, Charge or Office in Camp, Army or Company of Soldiers, or Conductor of Soldiers, shall after go or pass voluntarily out of this Realm, to serve any such Foreign Prince, State or Potentate, or shall voluntarily serve any such Prince, State or Potentate, before that he and they shall become bound by Obligation, with two Sureties as shall be allowed of by the Officers which are hereafter by this Act limited to take the same Bond, unto our Sovereign Lord the King's Majesty, his Heirs or Successors, in the Sum of twenty Pounds of currant English Money at the least, with Condition to the Effect following, shall be a Felon.

The Tenor of which Condition followeth, viz.

'THAT if the within bounden, &c. shall not at any Time then after be reconciled to the Pope or See of Rome, nor shall enter into or consent unto any Practice, Plot or Conspiracy whatsoever against the King's Majesty, his Heirs and Successors, or any his and their Estate and Estates, Realms or Dominions; but shall within convenient Time after Knowledge thereof had, reveal and disclose to the King's Majesty, his Heirs and Successors, or some of the Lords of his or their Honourable Privy Council, all such Practices, Plots and Conspiracies; that then the said Obligation to be void.'

Who shall take the Obligation, and administer the Oath.XXI. And that for the due Execution of this Branch of this present Law, it shall and may be lawful for the Customer and Comptroller of every Port, Haven or Creek, or one of them, and their or the obligation, either of their Deputy or Deputies, and none other, to receive and accept all and every such Bond and

Obli-

  1. Plamer 41; 12 Co. 132
  2. 3. Inst. 80