month's abfence, dispenseth not with the forfeiture of 12 d. for the abfence of one funday; for both may well ftand ́ together; and the 12 d. is immediately forfeited upon the ablence of each particular day. Hawezi

T

For every month] The time of a month intended by 'this' ftatute, fhall be computed not by the kalendar, but by the number of days, allowing twenty-eight days to each, according to the common rule of expounding ftatutes, which fpeak generally of a month, Haw 14 y yo

One third to, &c.] This claufe for diftribution of the forfeitures is nevertheless confiftent with the former part, in giving the whole forfeiture to the queen; it being ufual® in acts of parliament, to give the whole penalty for any criminal matter to the king, and afterwards in the fame act to make diftribution thereof and to give part to him that will fue. 1 Haw, 18.

And by the 29 El, c. 6. it is further enacted, that every feoffment gift grant conveyance alienationeftatel leafe incumbrance and limitation of ufe, of or out of any lands, made by an person which hath not repaired or shall not at repair to fome church chapel or usual place of common c prayer, contrary to the 23 El...and which is revoca ble at the pleasure of fuch offender, or in any wife direct ly or indirectly intended for the behoof relief son mainte-na nance or at the disposition of such offender, or whereby to fuch offender or his family fhall be maintainedgfhall be utterly void as against the king for levying the penal-a ties. f. I. bu to good adva But this fhall not extend to make void or impeach any rầ grant or leafe made bona fide, without fraud or covin,s whereupon the accustomed yearly rent or more fhall bez referved, or any other conveyance made bona fide upones good confideration, and without fraud or coving which thall not be recoverable at the pleasure of the offender, otherwife than to give benefit to the king to enjoy fuchas rents and payments during the continuances of fuch leafeom and grant. . E...

shesh VI. metros del pofimd.) And every conviction for fuch offence fhall be in the s king's bench or at the affizes, and not, elsewheregs and no fhall from the justices before whom the record of fuchs conviction fhall remain, be eftreated into the exchequer before the end of the term next ensuing such conviction.sc. f. 2. mco 902 o. cevig 3185 And every fuch offender in not repairing to church as fball be thereof once convicted, thall in fuch of the terms of Eafter or Michaelmas as fhall be next after fuch con

viction,

viation, pay into the exchequer after the rate of 201. for every month which fhall be contained in the indictment whereupon the conviction fhall be; and fhall alfo for every month after fuch conviction without any other indictment or conviction pay into the exchequer at two times" a year, viz, in every Eafter and Michaelmas term as much as shall then remain unpaid, after the rate of 20 1. for every month after fuch conviction. And if default fhall be made in any part of any payment aforefaid, the queen may by procefs out of the exchequer feize all the goods and two parts of the lands liable to fuch feizure or to the penalties aforesaid, leaving the third part only of fuch lands for the maintenance of the offender and his family."

or

And for the more speedy conviction of such offender in not repairing to divine fervice, the indictment mentioning the not coming of fuch offender to the church of the parith where he at any time before fuch indictment was did keep house or refidence, nor to any other church chapel or ufual place of common prayer, fhall be fufficient in the law; and it fhall not be needful to mention in the indict ment that the offender was or is inhabiting within this realms but if it fhall happen any fuch offender then not" to be within this realm, the party fhall be relieved by plea to be put in and not otherwife: And upon the indictment of fuch offender, a proclamation fhall be made at the affizes in which the indictment fhall be taken (if the fame be taken at any affize) by which it fhall be commanded, that the body of fuch offender fhall be rendered to the fheriff before the next afizes; and if at the faid next affizes the offender fo proclaimed fhall not appear of record, then upon fuch default recorded, the fame shall be as fufficient a conviction in law of the faid offence as if a trial had been by verdict.

Provided, that when fuch offender shall make fubmiffion and conform, or fhall die; no forfeiture of 20 1. for any month or feizure of the lands of the offender, from fuch fubmiffion and conformity or death, and fatisfaction of all the arrearages of 20 1. monthly, before fuch feizure due or payable, thall enfue or be continued against fuch offender. f. 6.****

And the lord treasurer, chancellor, and chief baron of the exchequer, or two of them, may affign fuch third part given to the poor by the former act, as well for relief of the poor, and of the houses of correction, as of

impotent

impotent and maimed foldiers; as they or any two of them fhall appoint, S. 7

And this act thall not extend to continue any feizure of any lands of fuch offender in the queen's hands,s after the offender's death, which lands he shall have only for term of his life, or in the right of his wife, f9; (...... en May feize all the goods] The king, according to the bete. ter opinion, may feize the goods, but not grant, thent over, without an inquifition to be taken, Haw, 20.a And two parts of the lands] But the king cannot feize the lands till it appears by the return of an inquifition to that purpose to be awarded, of what lands the offender. was feifed; because the king's title to lands ought always to appear of record. 1 Haw. 20.9

Shall not appear of record] If a recufant who was promi claimed at the affizes, render himself at the next afzes, to plead or traverle; he must appear in perfon, and he is. to be in cuftody for the words of the ftatute and of the, proclamation are, that he fhall render his body to the fheriff Kelyng, 35

Of record] An actual perfonal appearance of the defend, ant, will no way avail him, unless the fame be entered of record. Haw. 16.

2

And by the 1 J. 4. 4. Where any feizure fhall be had of the two parts of the lands for the not payment of 201 a month; fuch two parts hall, according to the extent thereof, go towards the payment of fuch 201. a month, being unpaid by any fuch recufant and the third part, thereof fhall not be extended or feized by the king for not payment of the faid 20 1. a month. And where any feiz ure fhall be had of the two parts as aforefaid, and fuch recufant fhall die, the debt or duty by reafon of his recu fancy not being difcharged; in fuch case the fame two, parts fhall continue in his majefty's poffeffion until the refidue of the faid debt or duty fhall be discharged: and the king fhall not feize or extend any third d part defcending to any fuch heirs, either by reafon of the recufancy of his ancestors, or the recufancy of any fuch h fuch beirs. And moreover, by the 374 it is further enacted, that every offender in not repairing to divine fervice, be ing once convicted, fhall in fuch of the terms of Easter and Michaelmas as fhall be next after fuch conviction, pay into the receipt of the exchequer after the rate of 201, for every month which thall be contained in the indictment whereupon fuch conviction thall be; and thall allo for every month after fuch conviction, without any other indictment

1

5

indictment or conviction, forfeit 201, and pay into the receipt of the exchequer aforefaid at two times in the years vizin every Eafter and Michaelmas terin, as much

fhall then remain unpaid after the rate of 204. for every month after fuch conviction; except in fuch' cafes where the king may by this act refufe the fame and take two parts of the lands of fuch offender, till the faid party be ing indicted for not coming to church contrary to former laws fhall conform himfelf and come to church £8.

And every conviction fo recorded, fhall by the juffices before whom the record of the conviction shall be, be certified into the exchequer, before the end of the term fola' lowing fich conviction, in fuch convenient certainty "fort the time and other circumftances, as the court of exchew! quer may thereupon award procefs for the feizure of the lands and goods of every fuch offender as the caufe thal require: And if default shall be made in any part of any payment aforefaid contrary to the form herein before hist mited; then, and so often, the king may by process but of the exchequer feize all the goods and two parts as welf of all the lands leafes and farms of fuch offender, as of all other lands liable to feizure or to the penalties aforefaid by! the true meaning of this act, leaving the third part only of the faid lands leafes and farms for the maintenance of the offender his wife children and family. f. 9-5 - 10101

And the king hall have power to refuse the 201. a month thoit be tenured ready to be paid, and thereupon to feize two parts in three to be divided as well of all the lands leafes and farms that at the time of such seizure shall be or afterwards fhall come to any fuch offender in not coming to church or to any other to his ufe, as of all others lande liable to fuch feizure or to the penalties aforefaid, and the fame to retain till fuch offender fhall conform himself, in lieu of the 201 monthly that during fuch his feizure and retainer fhall incur. Saving to all perfons (other than the offender his heirs or others claiming to his or their use) all leafes rents conditions and other rights and titles made and done without fraud. f. 115 900

But the king fhall not take into his two parts, but leave to fuch offender, his chief mansion house, as paret of his third part; and fhall not demife leafe nor put over the faid two parts nor any part thereof to any recufant nor to his use: And whofoever shall take the fame in leafe of otherwife of his majesty, shall give such fecurity now to commit nor fuffer waftey as by the court of exchequer fhall be allowed.

12.

And

And no indictment against any person for not coming to church, nor any proclamation, outlawry, or other proceeding thereupon fhall be reverfed for any default in form, nor otherwife than by direct traverse to the point of not coming to church. S. 16.

Provided, that if fuch perfon indicted fhall fubmit and conform and repair to church, he may from thence be admitted to avoid and reverse the indictment and all pro❤ ceedings thereupon, as if this act had not been made. £17.

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And every of the faid offences against this act may be inquired of heard and determined before the juftices of the king's bench or of affize or before the justices of the peace in feffions. . 36.

Shall be reverfed for any default in form] But it hath been refolved, that the party is only restrained from taking advantage of defects in the record itself, and that he may plead any collateral matter, as a pardon, or a former conviction. Haw. 17.

And that he may even reverse a judgment after verdic for any fuch defect in the record itself, as tends to the king's prejudice, as the omiffion of a capiatur, or the like; and that he may reverse an outlawry for any common defect, upon putting in bail, and traverfing the indictment as to the point of not coming to church; which is very agreeable to the purport of the whole clause, the latter part whereof feems manifeftly to qualify the generality of the former. 1 Haw. 17.

[By the 31 G. 3. c. 32. f. 3. No person who shall take and fubfcribe the oath therein before appointed to be taken and subscribed by papists (for which fee Daths, 20 B.), thall be convicted or profecuted upon, or thall be liable to be profecuted upon the last recited statutes, or any of them, or upon any other ftatute, or any other law of this realm, by indictment, information, action of debt or otherwife, or fhall be profecuted in any ecclefiaftical court, for not reforting or repairing to his or her parish church or chapel, or fome other ufual place of common prayer, to hear divine fervice, and join in public worship, according to the forms and rites of the church of England, as by law eftablished. But the laws for frequenting divine fervice on funday, fhall continue in force against all perfons except thofe who fhall come to fome congregation or place of religious worship permitted by that act for which fee infra XLVI.) or the act of Toleration.]

XVI. Per