But once punished for one offence. XXXIX. And that no Man being punished according to this Branch, shall for the same Offence be punished by the Forfeiture of twelve Pence, upon the Law made in the first Year of the late Queen Elizabeth.
A repeal of two branches of the Statute of 35. Eliz c. 1. sect. 8'XXX. And because in one Act of Parliament begun and holden at Westminster in the five and thirtieth Year of the late Queen Elizabeth, intituled, An Act to retain the Queen's Majesty's Subjects in their due Obedience', There are two Branches contained, the first beginning thus: (And for that every Person having a House or Family, is in Duty bounden to have especial Regard of the good Government and Ordering of the same) and so forth to the next Clause, beginning thus, (Provided nevertheless. That this Act shall not in any wife extend to punish or impeach any Persons for relieving, &c. ending with these Words, Any Thing in this Act contained to the contrary notwithstanding) which said two Branches or Clauses are found defective:'
XXXI. Be it therefore enacted. That the said two Branches or Clauses of the said Act, and no more, shall be by Authority of this present Parliament utterly repealed and made void.
Reliving or keeping a Recusant in his House. XXXII. And in Lieu thereof be it enacted. That every Person and Persons, which after one Month Relieving or next after the End of this present Session of Parliament shall willingly maintain, retain, relieve, keep or harbour in his or their House, any Servant, Sojourner or Stranger, who shall not go to, or repair to some Church or Chapel, or usual Place of Common Prayer, to hear Divine Service, but shall forbear the same by the Space of one Month together, not having a reasonable Excuse, contrary to the Laws and Statutes of this Realm, shall forfeit ten rounds for every Month that he, she or they shall so relieve, maintain, retain, keep or harbour any such Servant, Sojourner or Stranger in his or their House, so forbearing as aforesaid.
Retaining a recusant in his Service, Fee or LiveryXXXIII. And that every Person which shall within the Time aforesaid, retain or keep in his, her or their Service, Fee or Livery, any Person or Persons, which shall not go to, or repair to some Church, Chapel or usual Place of Common Prayer to hear Divine Service, but shall forbear the same by the Space of one Month together, shall forfeit for every Month, he, she or they shall so retain, keep or continue in his, her or their Service, Fee or Livery, any such Person or Persons so forbearing as aforesaid, knowing the same, ten Pounds; the same Penalties to be recovered and imployed in Manner and Form hereafter following.
The Father, Mother, Ward &c. Person committed by Authority. XXXIV. Provided nevertheless, That this Act shall not in any wife extend to punish or impeach any Person or Persons for maintaining, retaining, relieving, keeping or harbouring his, her or their Father or Mother, wanting, without Fraud or Covin, other Habitation, or sufficient Maintenance, or the Ward of committed by any such Person, or any Person that shall be committed by Authority to the Custody of any by whom Authority, they shall be so relieved, maintained or kept; any Thing in this Act contained to the contrary notwithstanding.
Breaking a House to take a recusant excommunicate XXXV. And be it further enacted by Authority of this present Parliament, That upon any lawful Writ, Warrant or Process awarded to any Sheriff or other Officer, for the Taking or Apprehending of any Popish Recusant standing excommunicated for such Recusancy, it shall be lawful for such Sheriff or other Officer authorized in that Behalf, if Need be, to break open any House wherein such Person excommunicate shall be, or to raise the Power of the County, for the Apprehending of such Person, and the better Execution of such Warrant, Writ or Process.
In what Courts the Offences shall be heard and determined. XXXVI. And be it further enacted. That all and every Offence to be committed or done against this present Act, shall and may be enquired of, heard and determined before the Justices of the King's Bench, Justices of Assize and Gaol-delivery, in their several Assizes and Gaol-deliveries; (2) And all Offences and other than Treason shall be enquired, heard and determined before the Justices of Peace in their General or Quarter-Sessions to be holden within the Shire, Division, Limit or Liberty wherein such Offence shall happen.
Attainder of Felony, no Forfeiture of Dower or Corruption of Blood. XXXVII. Provided always, and be it enacted by the Authority aforesaid. That any Attainder of Felony made Felony by this Act as is aforesaid, shall not in any wise extend to take away the Dower of the Wife of any such Person attainted, or be any Bar for the Recovery of the same, nor shall make or work any Corruption of Blood, or Disherison of any the Heir or Heirs of any such Person or Persons so attainted; this Act, or any Thing therein contained to the contrary in any wife notwithstanding.
The Plea to an Action brought for doing any Thing by Force of this Statute. XXXVIII. And be it further enacted. That if any Action or Actions shall at any Time hereafter be commenced or brought against any Person or Persons doing, committing, or commanding any Act or Thing, for or concerning the Execution of this present Statute, or any Article or Clause therein contained; That then every Defendant in such Action or Actions, may plead the General Issue, and be received to maintain the same by any Evidence that shall prove his Doings and Proceedings warrantable by this Law.
The authority of the Ecclesiastical Court reserved XXXIX. Provided always. That neither this Act, nor any Thing therein contained, shall extend to take away or abridge the Authority or Jurisdidtion of the Ecclesiastical Censures, for any Cause or Matter, but that the Commissoners of his Majesty, his Heirs and Successors, in Causes Ecclesiastical, for the Time being, and the Archbishops, Bishops, and other Ecclesiastical Judges, may do and proceed, as before the making of this Act they lawfully did or might have done; any Thing in this Act to the contrary in any wise notwithstanding.
No for forfeiture for the Wife's offence. XL. Provided always, and be it enacted. That no Person shall be charged or chargeable with any Penalty or Forfeiture by Force of this Act, which shall happen for his Wife's Offence in not receiving the said Sacrament during her Marriage, nor that any Woman shall be charged or chargeable with any Penalty or Forfeiture by Force of this Act, for any such Offence of not Receiving, which shall happen during her Marriage.
