for any the causes aforesaid; he, his fautors, comforters, abettors, procurers, executors, and counsellors, shall incur a præmunire. VII. Bringing bulls and other instruments from Rome. 1. By the 25 H. 8. c. 21. If any person shall sue to the court or see of Rome for any license, faculty, or dispensation, or put any of the same in execution; he shall incur a præmunire. 2. And by the 28 H. 8. c. 16. All bulls, breves, faculties, and dispensations heretofore obtained of the see of Rome, shall be void; and shall not be pleaded in any court of this realm, on pain of præmunire. Yet it hath been holden, that the alleging of an ancient bull in order to induce another principal matter, whereon to ground [125] a title, without claiming any thing from the bull itself, is not within this statute. 1 Haw. 51. 3. By the 13 Eliz. c. 2. If any person shall use or put in ure any bull, writing, or instrument written or printed, of absolution or reconciliation obtained from the bishop of Rome or other person claiming authority by or from him; or shall take upon him by colour thereof to absolve or reconcile any person, or to grant or promise to any person any such absolution or reconciliation, by any speech, preaching, teaching, writing, or any other open deed; or shall willingly receive and take any such absolution or reconciliation; or shall obtain from the bishop of Rome any manner of bull, writing or instrument, written or printed, containing any thing, matter, or cause whatsoever; or shall publish or by any means put in ure any such bull, writing or instrument; he, his procurers, abettors and counsellors to the fact and committing of the said offence, being attainted according to the course of the laws of this realm, shall be adjudged guilty of high treason. And all aiders, comforters, or maintainers of any the said offenders, after committing any the said offences, to the intent to set forth, uphold, or allow the execution of the said usurped power, shall incur a præmunire. And if any person, to whom any such absolution, reconciliation, bull, writing or instrument, shall be offered, moved or persuaded to be used, put in ure or executed, shall conceal the same offer, motion, or persuasion, and not disclose the same by writing or otherwise within six weeks to some of the privy council; he shall be guilty of misprision of high treason. And the justice of the peace may inquire thereof (but not hear and determine the same) within a year and a day after the offence committed. 23 El. c. 1 § 8. And if any justice of the peace to whom any the said offences shall be declared, do not within fourteen days signify the same to one of the privy council; he shall incur a præmunire. VIII. Popish books and relicks. 1. By the 3 & 4 Ed. 6. c. 10. All books called antiphoners, missals, grailes, processionals, manuals, legends, pies, portuasses, primers in Latin and English, couchers, journals, ordinals, or other books or writings heretofore used for the service of the church, written or printed in the English or Latin tongue, other than such as shall be set forth by the king's majesty, shall be clearly and utterly abolished, extinguished and forbidden for [126] ever to be used or kept in this realm. And if any person or body corporate that shall have in his or their custody any of the said books or writings, or any images of stone, timber, alabaster or earth, graven, carved or painted, which have been taken out of or stand in any church or chapel, and do not destroy the same images and every of them, and deliver every of the same books to the mayor, bailiff, constable or churchwardens of the town where such books shall be, to be by them delivered over openly within three months next following after such delivery, to the archbishop, bishop, chancellor or commissary of the diocese, to the intent that they may cause them immediately after either to be openly burnt, or otherwise defaced and destroyed: (he, or they,) shall for every such book or books willingly retained forfeit to the king for the first offence twenty shillings, for the second four pounds, and for the third shall suffer imprisonment at the king's will. And if any mayors, bailiffs, constables or churchwardens, do not within three months after receipt of the same books deliver them to the archbishop, bishop, chancellor or commissary; and if such archbishop, bishop, chancellor or commissary, do not within forty days after receipt of such books, burn, deface and destroy the same: every of them so offending shall forfeit to the king 401. The one half of all which forfeitures shall be to any of the subjects that will sue for the same. And the justices of assize in their circuits, and justices of the peace in their general sessions, may inquire of, hear, and determine the same. But nothing herein shall extend to any image or picture, set or graven upon any tomb, in any church, chapel, or church-yard, only for a monument of any king, prince, nobleman, or other dead person, which hath not been commonly reputed and taken for a saint. Also, any person may use, keep, and have any primers in the English or Latin tongue, set forth by King Hen. 8. so that the sentences of invocation or prayer to saints be blotted or put out of the same. 2. By the 13 Eliz. c. 2. If any person shall bring into the realm any token or thing called by the name of agnus dei, or any crosses, pictures, beads, or such like vain and superstitious things from the bishop or see of Rome, or from any person authorized or claiming authority from the said bishop of Rome to consecrate or hallow the same; and shall deliver, or cause or offer to be [127] delivered the same or any of them to any subject of this realm, to be worn or used; he, and also every other person who shall receive the same to the intent to use and wear the same, shall incur a præmunire. Provided, that if any person to whom any such agnus dei or other the things aforesaid shall be offered to be delivered, shall apprehend the party offering the same, and bring him to the next justice of the peace, if he shall be able so to do; or for lack of such ability, shall within three days disclose the name of such person so offering the same and his dwelling place or place of resort (which he shall endeavour himself to know by all the means he can) to the ordinary of the diocese, or to a justice of the peace of the shire where such person to whom such offer shall be made shall be resiant; and also if such person to whom such offer shall be made shall happen to receive any such agnus dei or other thing above remembered, and shall in one day next after such receipt deliver the same to a justice of the peace: in such case he shall not incur any danger or penalty. And if any justice of the peace, to whom any the said offences shall be declared, do not within fourteen days signify the same to one of the privy council, he shall incur a præmunire. 3. By the 3 J. c. 5. No person 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, on pain of 40s. for every book, one third to the king, one third to him that shall sue, and one third to the poor of the parish where such books shall be found, and the said books to be burned. § 25. And two justices of the peace (and mayors within cities and towns corporate) may search the houses and lodgings of every popish recusant convict, or of every person whose wife is a popish recusant convict, for popish books and relicks of popery; and if any altar, pix, beads, pictures, or such like popish relicks, or any popish book or books, shall be found in any of their custody, as in the opinion of the said justices (or mayor) shall be thought unmeet for such recusant to have or use, the same shall presently be defaced and burnt, if it be meet to be burned; and [128] if it be a crucifix, or other relic of any price, the same to be defaced at the general quarter sessions of the peace in the county where the same shall be found, and the same so defaced to be restored to the owner. $26. [But the 31 G. 3. c. 32. allows Catholicks, who shall take and subscribe the oath and declaration therein contained (for which see Daths, 20 B.), to perform the rites and ceremonies of their Note; a recusant in general, signifieth any person whether papist or other, who refuseth to go to church and to worship God after the manner of the church of England; a popish recu sant, is a papist who so refuseth; and a popish recusant convict, is a papist legally convicted of such offence. IX. Jesuits and popish priests. 1. By the 27 El. c.2. All jesuits, seminary priests, and other priests whatsoever made or ordained out of the realm, or within the realm, by any authority derived or pretended from the see of Rome, shall depart out of the realm. § 2. And it shall not be lawful for any jesuit, seminary priest, or other such priest, deacon, or religious or ecclesiastical person whatsoever, being born within the realm, and made, ordained, or possessed by any authority derived or pretended from the see of Rome, by what name, title, or degree soever the same shall be called or known, to come into, be or remain in any part of the realm; and if he do, he shall be guilty of high treason. §3. And every person who shall wittingly and willingly receive, relieve, comfort, aid, or maintain any such jesuit, seminary priest, or other priest, deacon, or religious or ecclesiastical person as aforesaid, shall be guilty of felony without benefit of clergy. §4. And if any subject (not being a jesuit, seminary priest, or other such priest, deacon or religious or ecclesiastical person as is before mentioned) who shall be of or brought up in any college of jesuits or seminary out of this realm in any foreign parts, shall not in six months next after proclamation in that hehalf to be made in the city of London under the great seal of England, return into this realm, and thereupon (within two days next after such return) before the bishop of the diocese or two justices of the peace of the county where he shall arrive, submit himself and take the oath of supremacy; every such person who shall [129] otherwise return into or be in this realm without submission as aforesaid, shall be guilty of high treason. §5. And if any person shall wittingly and willingly, either directly or indirectly, convey, deliver or send, or procure to be conveyed or delivered to be sent out of this realm into any foreign parts; or shall otherwise wittingly or willingly give or contribute any money or other relief to or for any jesuit, seminary priest, or such other priest, deacon, or religious or ecclesiastical person as is aforesaid, or to or for the maintenance or relief of any college of jesuits, or seminary out of the realm in any foreign parts, or of any person then being of or in the same colleges or seminaries and not returned with submission, as in this act is expressed; he shall incur a præmunire. § 6. And every offence against this act may be inquired of, heard and determined, as well in the court of king's bench in the county where the same court shall for the time be, as also in any other county within this realm where the offence shall be committed, or where the offender shall be taken. §8. But nothing herein shall extend to any such jesuit seminary priest, or other such priest, deacon, or religious or ecclesiastical person as is before mentioned, as shall within three days after he come into the realm, submit himself to some archbishop or bishop of this realm, or to some justice of the peace within the county where he shall arrive or land, and do thereupon truly and sincerely, before such archbishop, bishop, or justice of the peace, take the oath of supremacy, and by writing under his hand confess and acknowledge, and from thenceforth continue his due obedience to the laws aud statutes of this realm in causes of religion. § 10. And every person who shall know and understand that any such jesuit, seminary priest, or other priest abovesaid, shall be within this realm, and shall not discover the same to a justice of the peace, or other higher officer, in twelve days, but willingly conceal his knowledge therein, shall be fined and imprisoned at the king's pleasure. And if such justice of the peace, or other such officer to whom such matter shall be so discovered, do not within twenty-eight days give information thereof to some of the privy council, he shall forfeit 200 marks. § 13. And such of the privy council to whom such information shall be made, shall thereupon deliver a note in writing, subscribed [130] with his hand, testifying that such information was made to him. § 14. And all such oaths and submissions as shall be made by force of this act, shall be certified into the chancery by the parties before whom the same shall be made within three months after such submission, on pain of 100l. to the queen. § 15. And if any person so submitting himself shall within ten years after such submission made, come within ten miles of the place where the queen shall be, without special licence under her majesty's hand, he shall take no benefit by his submission, but the same shall be void. § 16. 2. By the 35 El. c. 2. If any person who shall be suspected to be a jesuit, seminary, or massing priest, being examined by any person having lawful authority in that behalf to examine him, shall refuse to answer directly and truly whether he be a jesuit, or a seminary or massing priest; he shall be committed to prison by such as shall so examine him, and there continue until |