Page:Ruffhead - The Statutes at Large - vol 3.djvu/98

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50
C. 5
Anno tertio Jacobi I.
A.D. 1605.

said Oath, and receive the said Sacrament of the Lord's Supper; (4) and after such conforming, taking of the said Oath, and receiving of the said Sacrament, he or they that shall have so received the Profits of the said Lands, Tenements, Hereditaments, Goods and Chattels, shall make Account of the Profits so received, and in reasonable Time make Payment thereof, and of the Value of such Goods and Chattels, to such Person as shall so conform him or herself as aforesaid.

A Recusant shall not present to a benefice, nor grant an Advoson.
Enlarged by 1 W. & M. Sess. 1. c. 26. and 12 Annæ Stat. 2. c. 14.
XVIII. And be it further enacted by the Authority of this present Parliament, That every Person or Persons that is or shall be a Popish Recusant convict, during the Time that he shall be or remain a Recusant, shall from and after the End of this present Session of Parliament, be utterly disabled to present to any Benefice with Cure or without Cure, Prebend or any other Ecclesiastical Living, or to collate or nominate to any Free School, Hospital or Donative whatsoever, and from the Beginning of this present Session of Parliament, shall likewise be disabled to grant any Avoidance to any Benefice, Prebend or other Ecclesiastical Living.

The Chancellors and Scholars of Oxford shall present to a Recusant's Benefice in certain counties.[1] XIX. And that the Chancellor and Scholars of the University of Oxford, so often as any of them shall be void, shall have the Presentation, Nomination, Collation and Donation of and to every such Benefice, Prebend or Ecclesiastical Living, School, Hospital and Donative, set, lying and being in the Counties of Oxford, Kent, Middlesex, Sussex, Surrey, Hampshire, Berkshire, Buckinghamshire,Gloucestershire, Worcestershire, Staffordshire, Warwickshire, Wiltshire, Somersetshire, Devonshire, Cornwall,Dorsetshire, Herefordshire, Northamptonshire, Pembrokeshire, Caermarthenshire, Brecknockshire, Monmouthshire, Cardiganshire, Montgomeryshire, the City of London, and in every City and Town, being a County of itself, lying and being within any of the Limits or Precincts of any of the Counties aforesaid, or in, or within any of them, as shall happen to be void during such Time as the Patron thereof shall be and remain a Recusant convict as aforesaid.

The Chancellor and Scholars of CambridgeXX. And that the Chancellor and Scholars of the University of Cambridge, shall have the Presentation, Nomination, Collation and Donation of and to every such Benefice, Prebend or Ecclesiastical Living, School, Hospital and Donative, set, lying and being in the Counties of Essex, Hertfordshire, Bedfordshire, Cambridgeshire, Huntingtonshre, Suffolk, Norfolk, Lincolnshire, Rutlandshire, Leicestershire, Darbyshire, Nottinghamshire, Shropshire, Cheshire, Lancashire, Yorkshire, the County of Durham, Northumberland, Cumberland, Westmerland, Radnorshire, Denbishire,Flintshire, Carnarvonshire, Anglseyshire, Merionethshire, Glamorganshire, and in every City and Town, being a County of itself, lying within any of the Limits or Precincts of any of the Counties ladt before mentioned, or in or within any of them, as shall happen to be void during such Time as the Patron thereof shall be and remain a Recusant convict as aforesaid.

None shall be presented who hath another beneficeXXI. Provided, That neither of the said Chancellors and Scholars of either of the said Universities, shall present or nominate to any Benefice with Cure, Prebend or other Ecclesiastical Living, any such Person as shall then have any other Benefice with Cure of Souls, and if any such Presentation or Nomination shall be had or made of any such Person so Beneficed, the said Presentation or Nomination shall be utterly void; any Thing in this Act to the contrary notwithstanding.

A Recusant shall not be Executor or Administrator' XXII. Moreover, because Recusants convict are not thought meet to be Executors or Administrators to any Person or Persons whatsoever, nor to have the Education of their own Children, much less of the Children of any other of the King's Subjects, nor to have the Marriage of them;' (2) Be it therefore enacted by the Authority aforesaid. That such Recusants convicted, or which shall be convicted at the Time of the Death of any Testator, or at the Time of the Granting of any Administration, shall be disabled to be Executor or Administrator by Force of any Testament hereafter to be made, or Letters of Administration hereafter to be granted, A recusant shall be no Guardian. nor shall have the Custody of any Child, as Guardian in Chivalry, Guardian in Socage, or Guardian in Nurture, of any Lands, Tenements or Hereditaments, being Freehold or Copyhold, but shall be adjudged disabled to have any such Wardship or Custody of any such Child, or of their Lands, Tenements or Hereditaments, being Freehold or Copyhold as aforesaid.

Who shall have the WardshipXXIII. And that for the better Education and Preservation of the said Children, and of their Estates, the next of the Kin to such Child or Children, to whom the said Lands, Tenements or Hereditaments of such Child or Children cannot lawfully descend, who shall usually resort to some Church or Chapel, and there hear Divine Service, and receive the Holy Sacrament of the Lord's Supper thrice in the Year next before, according to the Laws of this Realm, shall have the Custody and Education of the same Child, and of his said Lands and Tenements, being holden in Knights Service, until the full Age of the said Ward of one and twenty Years, and of his said Lands, Tenements and Hereditaments, being holden in Socage, as a Guardian in Socage, (2) and of the said Lands, Tenements and Hereditaments holden by Copy of Court-Roll of any Manor, so long as the Custom of the said Manor shall permit and allow the same; (3) and in every of the said Cases shall yield an Account of the Profits thereof to the said Ward, as the Case shall require.

The King's Ward. XXIV. And that if at any Time hereafter, any of the Wards of the King's Majesty, or of any other, shall be granted or sold to any Popish Recusant convict, such Grant or Sale shall be utterly void and of none Effect.

{{LR sidenote|Popish Books|And be it further enabled by the Authority of this present Parliament, That no Person or Persons shall bring from beyond the Seas, nor shall print, sell or buy any Popish Primers, Ladies Psalters, Manuals, Rosaries, Popish Catechisms, Missals, Breviaries, Portals, legends and Lives of Saints, containing; superstitious Matter, printed or written in any Language whatsoever, nor any other superstitious Books printed or written in the English Tongue; (2) upon Pain of Forfeiture of forty Shillings for every such Book; one third Part thereof to be to the King's Majesty, his Heirs and Successors, one other third Part to him that will sue for the same, and the other third Part to the Poor of the Parish where such Book or Books shall be found, to be recovered 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, and the said Books to be burned.

XXVI. And.

  1. Jones 17.