XXXIII. Shall not come within ten miles of London.

1. By the 3 7. c. 5. All popish recufants who fhall come dwell or remain within the city of London or within ten miles thereof, who fhall be indicted or convicted of recufancy, or who fhall not repair unto some usual church or chapel and there hear divine service, but fhall forbear the fame by the space of three months, fhall within ten days after such indictment or conviction depart from the faid city and ten miles compass of the fame, and also shall deliver up their names to the lord mayor if fuch recufant be within the city or the liberties thereof; and if the faid recufant shall dwell or remain in any other county within ten miles of the faid city, then he fhall within the faid ten days deliver up his name to the next juftice of the peace within fuch county: on pain of forfeiting to the king 1001,; half of which fhall be to the king, and half to him that will fue in any of the king's courts of record. f. 4.

2. And by the 1 W. c. 9. For the better discovering and removing all papifts and reputed papists out of London and Westminster and ten miles of the fame; the lord mayor, and every juftice of the peace of London Weftminster and Southwark, and of the counties of Middlefex Surrey Kent (and Effex, I W. c. 17.) fhall caufe to be arrested and brought before him every person, not being a merchant foreigner, as is reputed to be a papist, and tender to him the declaration of the 30 G. 2. ft. 2. c. I. and if he refufe to make and fubfcribe the fame, and shall after fuch refusal continue within the faid diftance, he shall forfeit and fuffer as a popish recufant convict. f. 2.

And every juftice of the peace fhall certify every fuch fubfcription before him taken, and alfo the names of all perfons refufing upon tender to make or fubfcribe as aforefaid, under his hand and feal, into the court of king's bench the next term, or else at the next quarter feffions of the county or place where fuch taking fubfcribing or refufal fhall happen: And if the faid perfon, fo refufing and certified, fhall not within the next term or feffions after such refufal appear in the court of king's bench or feffions where fuch certificate fhall be returned, and in open court make and fubfcribe the fame, and indorse or enter his fo doing upon the certificate fo returned; he

fhall

fhall be from the time of fuch his neglect or refufal taken and adjudged a popifh recufant convict, and as fuch to forfeit and be proceeded again ft. S. 3.

But this act not to extend to any foreigner being a menial fervant to any ambaffador or publick agent. f. 4.

I

[But by 31 G, 3. c. 32. S. 19. The act of 1 W. c. 9. fhall not extend to any perfon profeffing the Roman catholick religion who shall take and fubfcribe the oath of allegiance, abjuration, and declaration therein before appointed to be taken and tubscribed; for which fee Daths, 20. B. and infra XLVI.]

XXXIV. Shall not remove above five miles from their babitation.

1. By the 35 El. c. 2. Every perfon above the age of fixteen, and having any certain place of abode, who being a popish recufant shall be convicted for not repairing to church, (vid. fupra XV.) and being within this realm at the time he fhall be convicted, fhall within forty days next after fuch conviction (if not restrained by imprisonment, or by the king's command, or by order of fix or more of the privy council, or by fick nefs, and in cafe of fuch reftraint then within twenty days after the removal of such restraint) repair to his place of ufual dwelling and abode, and fhall not at any time after remove above five miles from thence; on pain of forfeiting his goods, and also of forfeiting to the king all his lands rents and annuities. during life. . 3.

And every fuch offender which hath copyhold or cuftomary lands, fhall forfeit the fame during his life to the lord of the manor, if fuch lord be not a popifh recufant convict; and if he be, then fuch forfeiture fhall be to the king. J. 5.

And all fuch perfons as are to repair to their place of dwelling and abode, and not to remove above five miles from thence as is aforefaid, fhall within twenty days next after coming to fuch place notify their coming thither, and prefent themselves and deliver their true names in writing, to the minifter or curate of the parish and to a conftable of the town; and thereupon the faid minister or curate fhall enter the fame in a book to be kept in every parish for that purpose. . 6.

And the faid minifter or curate and the faid conftable fhall certify the fame in writing to the next general or

quarter

quarter feffions, to be entred by the clerk of the peace in the rolls of the feffions. . 7.

And if any fuch perfon, being a popish recufant (not being a feme covert, and not having lands of the clear yearly value of twenty marks, or goods above the value of 401.) fall not within the time before limited repair to his place of ufual dwelling and abode, and thereupon notify his coming as aforefaid; or at any time after his repairing to any fuch place, fhall pafs or remove above five miles from thence; and fhall not within three months next after he shall be apprehended for offending as aforefaid, conform himself in coming to church, and in making fuch publick confeffion and fubmiffion as is herein. after directed, being thereunto required by the bishop of the diocefe, or a justice of the peace, or by the minister or curate of the parish; in every fuch cafe, every such offender, being thereunto warned or required by two juftices of the peace or the coroner, fhall upon his corporal oath before two juftices of the peace or a coroner abjure the realm for ever; and thereupon fhall depart Out of this realm at fuch haven and port, and within fuch time, as fhall be affigned and appointed by the faid justices or coroner, unless he be letted or ftayed by fuch lawful and reasonable means or caufes, as by the common laws of this realm are permitted and allowed in cafes of abjuration for felony; and in fuch cafes of let or stay, then within fuch reasonable and convenient time after, as the common law requireth in cafe of abjuration for felony. f. 8.

And every juftice of the peace or coroner before whom fuch abjuration fhall be made, fhall caufe the fame prefently to be entred of record before them, and certify the fame to the next aflizes. f. 9.

And if fuch offender fhall refufe to make fuch abjura tion, or after abjuration made fhall not go to fuch ha ven and within fuch time as is before appointed, and from thence depart out of this realm, or after fuch departure hall return without the king's fpecial licence; he fhall be guilty of felony without benefit of clergy. f. 10.

Provided, that if any perfon fo reftrained fhall be prged by procefs or be bound without fraud or covin to make appearance in any of the king's courts; or sha!! be required by three or more of the privy council, or by four or more of any commiffioners to be in that behalf · affigned by the king, to make appearance before fuch

council

council or commiffioners: in fuch cafe, he fhall incur no forfeiture for travelling to make appearance accordingly, nor for his abode concerning the fame, nor for convenient time for his return. f. 13.

And if any fuch perfon fo reftrained fhall be bound or ought to yield his body to the fheriff, upon proclamation in that behalf without fraud or covin to be made; in fuch cafe he fhall not incur any forfeiture for travelling for that purpofe only, nor for convenient time for his return. f. 14.

Provided alfo, that if any perfon that fhall offend against this act, fhall before he be thereof convicted, come to fome parish church on fome funday or other fef tival day, and there hear divine fervice, and at fervice time, before the fermon, or reading of the gofpel, make public and open fubmiffion and declaration of his conformity; he fhall be discharged. Which fubmiffion fhalb be as followeth: 1 A. B. do humbly confefs and acknowledge, that I have grievoufly offended God in contemning her majefty's good and lawful government and authority, by abfenting myself from church, and from hearing divine fervice, contrary to the godly laws and ftatutes of this realm And I am heartily forry for the fame, and do acknowledge and teftify in my confcience, that the bishop or fee of Rome hath not nor ought to have any power or authority over her majefty, or within any her majesty's realms or dominions: And I do promife and proteft, without any diffimulation, or any colour or means of any difpenfation, that from henceforth I will from time to time obey and perform her majefty's laws and ftatutes, in repairing to the church, and hearing divine fer vice, and do my uttermoft endeavour to maintain and defend the fame.. 15, 16.

And the minifter or curate fhall prefently enter the fame into a book to be kept in every parifh for that purpofe; and within ten days fhall certify the fame in writing to the bishop. S. 17.

And if any perfon fhall relapfe after his fubmiffion, he fhall have no benefit by fuch his fubmiffion. f. 18.

And married women shall also be bound by this act, except only in the cafe of abjuration. f. 19.

Above five miles] It feems that the miles fhall be computed according to the english manner, allowing 1760 yards to each mile; and that the fame fhall be reckoned not by ftraight lines, as a bird or arrow may

fly, but according to the nearest and moft ufual way.

Haw. 25.

In cafes of abjuration for felony] Anciently, if a man had committed felony, and did fly to a fanctuary, that is, to a church or church yard, before he was apprehended, he might not be taken from thence to be tried for his crime; but on confeffion thereof before the juftices, or before the coroner, he was admitted to abjure the realm: but afterwards this privilege of fanctuary, by the 21 J. c. 28. was taken away. But the abjuration, where it is by ftatute fpecially appointed, as in the present cafe, doth ftill continue.

Abjuration] The form whereof, according to the ancient books, is thus: This hear you, Sir coroner, that I A. O. of in the county of am a popish recu⚫ fant, and in contempt of the laws and ftatutes of Eng. land, I have and do refufe to come to their church: I do therefore, according to the intent and meaning of the ftatute made in the 35th year of queen Elizabeth, abjure the realm of England. And I fhall hafte me towards the port of P, which you have given and affigned to me, and that I fhall not go out of the highway leading thither, nor return back again; and if I do, I will that I be taken as a felon of the king: And that at P, I will diligently feek for paffage, and I will tarry there, but one flood and ebb, if I can have paffage; and unless I can have it in fuch space, I will go every day into the fea up to my knees, affaying to pafs over. So help me God and his doom. Stam. 116. Mir. b. 1. Offic. Cor. 49.

2. And by the 3 J. c. 5.1.7. The king, or three of the privy council in writing under their hands, may give licence to every fuch recufant to go and travel out of the compass of five miles, for fuch time as in the faid licence fhall be contained, for their travelling attending and returning, and without any other caufe to be expreffed within the faid licence: And if any perfon fo confined fhall have neceffary occafion or bufinefs to go and travel out of the compafs of the faid five miles, then upon licence in writing in that behalf to be gotten, under the hands and feals of four juftices of the peace of the fame county divifion or place, next adjoining to the place of abode of fuch recufant, with the privity and affent in writing of the bishop of the diocefe, or of the lieutenant or a deputy lieutenant of the county refiding within the faid county or liberty, under their hands and feals (in which licence shall be specified both the particular caufe

of