of the Cause of his Journey, and that he shall not make any causeless Stays:The Effect of a Licence to be granted by four Justices of Peace (5) And that all and every Licence hereafter to be made in this Behalf, contrary to the Tenor, Effect and true Meaning of this Statute, shall be utterly void, frustrate and of none Effect; any Thing in the said former Act, or in this Act: to the contrary notwithstanding. (6) And every Person so confined, which shall depart or go above five Miles from the Place whereunto he is or shall be confined, not having such Licence, and not having taken such Oath as aforesaid, shall incur the Pain and Penalty, and forfeit as a Recusant convicted and passing or going above five Miles from the said Place whereunto he is or shall be confined, by the said Statute of Tricesimo quinto Elizabethæ[1]
A Recusant disabled to practise certain Offices and Functions VIII. And be it further enacted by the Authority aforesaid. That no Recusant convict shall at any Time after the End of this Session of Parliament practice the Common Law of this Realm as a Counsellor, Clerk, Attorney or Solicitor in the fame, nor shall practice the Civil Law as Advocate or Proctor; (2) nor practice Physick, nor use or exercise the Trade or Art of an Apothecary; (3) nor shall be Judge, Minister, Clerk or Steward of or in any Court, or keep any Court, nor shall be Register or Town-Clerk, or other Minister or Officer in any Court; (4) nor shall bear any Office or Charge as Captain, Lieutenant, Corporal, Serjeant, Ancientbearer or other Office in Camp, Troop, Band or Company of Soldiers; nor shall be Captain, Master, Governor, or bear any Office or Charge of or in any Ship, Castle or Fortress of the King's Majesty's, his Heirs and Successors; (5) but be utterly disabled for the same; (6) And every Person offending herein shall also forfeit for every such Offence one hundred Pounds; the one Moiety whereof shall be to the King's Majesty, his Heirs and Successors, and the other Moiety to him that will sue for the same by Action of Debt, Bill, Plaint or Information, in any of the King's Majesty's Courts of Record, wherein no Essoin, Protection or Wager of Law shall be admitted or allowed.
No Recusant shall be a publick officer.IX. And be it also enacted by the Authority aforesaid. That no Popish Recusant convict, nor any having a Wife being a Popish Recufsnt convict, shall at any Time after the End of this Session of Parliament, or any Popish Recusant hereafter to be convict, or having a Wife which hereafter shall be a Popish Recusant convict, at any Time after his or her Conviction, shall exercise any publick Office or Charge in the Commonwealth, but shall be utterly disabled to exercise the same by himself, or by his Deputy; except such Husband himself, and his Children which shall be above the Age of nine Years abiding with him, and his Servants in Houshold, shall once every Month at the least, not having any reasonable Excuse to the contrary, repair to some Church or Chapel usual for Divine Service, and there hear Divine Service; (2) and the said Husband, and such his Children and Servants as are of Age, receive the Sacrament of the Lord's Supper at such Times as are limited by the Laws of this Realm, and do bring up his said Children in true Religion.
A Woman Married Recusant[2]X. And be it also enacted by the Authority aforesaid. That every married Woman, being or that shall be a Popish Recusant convicted, (her Husband not standing convicted of Popish Recusancy) which shall not conform herself and remain conformed, but shall forbear to repair to some Church or usual Place of Common Prayer, and there to hear Divine Service and Sermon, if any then be, and within the said Year receive the Sacrament of the Lord's Supper, according to the Laws of this Realm, by the Space of one whole Year next after the Death of her said Husband, shall forfeit and lose to the King's Majesty, his Heirs and Successors, the Issues and Profits of two Parts of her Jointure, and two Parts of her Dower, in three Parts to be divided, during her Life, of or out of any the Lands, Tenements or Hereditaments, which are or were her Husband's, and also be disabled to be Executrix or Administratrix of her said Husband, and to have or demand any Part or Portion of her said late Husband's Goods or Chattels, by any Law, Custom or Usage whatsoever.
A Recusant shall be as excommunicated.[3] XI. And be it further enacted by the Authority aforesaid, That every Popish Recusant which is or shall be convicted of Popish Recusancy, shall stand and be reputed to all Intents and Purposes disabled as a Person lawfully and duly excommunicated, and as if he or she had been so denounced and excommunicated according to the Laws of this Realm, until he or she so disabled shall conform him and herself, and come to Church, and hear Divine Service, and receive the Sacrament of the Lord's Supper, according to the Laws of this Realm, and also take the Oath appointed and prescribed in one other Act made this present Session of Parliament, intituled, 'An Act for the better Discovering and Repressing of Popish Recusants'[4] (2) And that every Person and Persons sued or to be sued by such Person so disabled shall and may plead the same in disabling of such Plaintiff, as if he or she were excommunicated by Sentence in the Ecclesiastical Court.
What actions a Recusant may Prosecute[5] XII. Provided nevertheless. That it shall and may be lawful for any such Person so disabled, for and notwithstanding any Thing in this Law contained, to sue or prosecute any Action or Suit for or concerning only such of his or her Lands, Tenements, Leases, Rents, Annuities and Hereditaments, or for the Issues and Profits thereof, which are not to be seized or taken into the King's Hands, his Heirs or Successors, by Force of any Law, for or concerning his or her Recusancy, or any Part thereof.
Recusants Marriages by Priests &c. XIII. And for that Popish Recusants are not usually married, nor their Children christned, nor themselves buried according to the Law of the Church of England', but the same are done supersitiously by Popish Persons in secret, whereby the Days of their Marriages, Births and Burials cannot be certainly known:' (2) Be it further enacted by Authority of this present Parliament, That every Man being or which shall be a Popish Recusant convicted, and who shall be hereafter married otherwise than in some open Church or Chapel, and otherwise than according to the Orders of the Church of England, by a Minister lawfully authorized, shall be utterly disabled and excluded to have any Estate of Freehold into any the Lands, Tenements and Hereditaments of his Wife, as Tenant by the Courtesy of England: (3) And that every Woman being, or which shall be, a Popish Recusant convicted, and who shall be hereafter married in other Form than as aforesaid, shall be utterly excluded and disabled, not only to claim any Dower of the Inheritance of her Husband, whereof she may be endowable, or any Jointure