Church Ch. I. § 6. second be imprisoned for life. The jurisdiction of the Offences against ecclesiastical court being saved, and the statute being only Establishment. in the affirmative, it does not prevent that court from proceeding against such offenders in its own way, even for the first offence. 1 Hawk. ch. 7. s. 4. By persons in general. § 7. Statutes. s. 14. any person By s. 9. &c. of the same statute, "If shall in plays, songs, or other open words, speak any thing in derogation, depraving, or despising of the said book or any part thereof; or by open fact compel or otherwise procure or maintain any minister to say any common prayer openly, &c. in other form; or shall by any of the said means unlawfully interrupt or let any minister to say the said common prayer in manner and form required, he shall forfeit 100 marks for the first offence, and 400 for the second, &c. (which if he pay not within six weeks after conviction, he shall suffer six months imprisonment for the first offence, and twelve months for the second); and for the third offence shall forfeit all his goods and chattels, and shall suffer imprisonment for life." 3. Not attending Church and Sacrament. In treating of these offences I shall first refer to the several statutes relative to the same. The stat. 1 Eliz. 1 Eliz. c. 2. c. 2. s. 14. enacts, "That all persons inhabiting within All persons shall this realm, or any other the queen's dominions, shall diliresort to their pa- gently and faithfully, having no lawful or reasonable excuse rish church, &c. to be absent, endeavour themselves to resort to their parish church or chapel accustomed, or upon reasonable let thereof to some usual place where common prayer and such service of God shall be used in such time of let, upon every Sunday and other days ordained and used to be kept as holidays, and then and there to abide orderly and soberly during the time of the common prayer, preaching, or other service of God there to be used and ministered; upon pain of punishment by the censures of the church, and also upon pain that every person so offending shall forfeit for every such offence 12d. to be levied by the churchwardens of the parish where such offence shall be done, to the use of the poor of the same parish, of the goods, lands, and tenements of such offender, by way of distress." S. 17. gives authority to justices of oyer and terminer or of assize to inquire, hear, Jurisdiction. and Ch. I. § 7. Church Establishment. and determine the offences: and by s. 20. offenders must be indicted at the next general sessions holden before such Offences against justices next after the offences committed. And by s. 24. Punishment by the ordinary for any such offence is a bar to a prosecution before the justices for the same. Limitation. 23 Eliz. c. 1. s.5. The stat. 23 Eliz. c. 1. s. 5. enacts, That every person Vide 1 Hawk. ch. 10. s. 33. above the age of 16 years, who shall not repair to some church, chapel, or usual place of common prayer, but forbear the same, contrary to the former statute of 1 Eliz. being thereof lawfully convicted, shall forfeit to the queen for every month he or she shall so forbear 201. (a); and that Forfeiture of 201. over and besides the said forfeitures, every person so for-per month, &c. Recognizance bearing for 12 months as aforesaid shall, for their obstinacy, with sureties for after certificate thereof in writing made into B. R. by the good behaviour. ordinary of the diocese, a justice of assize and gaol delivery, or a justice of peace of the county where such offender shall dwell or be, be bound with two sufficient sureties in 200%. at least to the good behaviour, and so to continue bound until they conform themselves and come to the church, according to the true meaning of the statute 1 Eliz. c. 2. By s. 8. Justices of the peace, as well as other justices Jurisdiction. named, may inquire of offences within this and the former statute, within one year and a day after such offences committed. And by s. 9. Justices of oyer and terminer, of assize, and of gaol delivery, have power to inquire, hear, and determine offences within this act. By s. 11. Any person who shall forfeit any sums of money Imprisonment on by virtue of this act, and shall fail to pay the same within failure of paying forfeiture. three months after judgment, shall be committed to prison till he have paid the said sums, or shall conform himself, or go to church, and there do as is aforesaid. And by s. 10. Every person guilty of any offence against Causes of discharge or acthis statute, who shall before he be thereof indicted, or at his quittal. arraignment or trial before judgment, submit and conform (a) By s. 11. One-third to the queen for her own use, one-third to the queen for the use of the poor (1) of the parish where the offence is committed, and one-third to whoever shall sue for the same. (Vide 1 Hawk. ch. 10. s. 32. &c. as to the division of these forfeitures.) (1) The 29 Eliz. c. 6. s. 7. enables the lord treasurer, &c. to make a further distribution of this third. himself Ch. I. § 7. himself before the bishop of the diocese where he shall be Offences against resident, or before the justices where he shall be indicted, Establishment. arraigned, or tried, (having not before made like submission Church Jurisdiction. 29 Eliz. c. 6. 3 Jac. 1. c 4. s. 8. to the like purpose. Penalties. Vide infra. 3 Jac. 1. c. 4. s. 11. at any his trial, being indicted for his first like offence,) shall upon his recognition of such submission in open assizes or sessions of the county where such person shall be resident, be discharged of all and every the said offences against this act, and of all pains and forfeitures for the same: And s. 12. provides, that every person who usually on the Sunday shall have in their house the divine service established by law, and be thereat usually or most commonly present, and shall not obstinately refuse to come to church and there do as is aforesaid, and shall also four times in the year at least be present at divine service in the church of the parish where they reside, or in some other open common church or such chapel of ease, shall not incur any pain or penalty limited by this act for not repairing to church. The 28 (vulgo 29) Eliz. c. 6. s. 2. enacts, That every conviction for any offence before mentioned, (i. e. contrary to the statute of the 23 Eliz. c. 1.) shall be in B. R. or at the assizes or general gaol delivery, and not elsewhere. Sect. 4. enacts, That every such offender in not repairing to divine service, but forbearing the same, contrary to the said statute, being thereof once convicted, shall in such of the terms of Easter or Michaelmas as shall be next after such conviction pay into the Exchequer after the rate of 201. for every month which shall be contained in the indictment whereupon such conviction shall be; and shall also for every month after such conviction, without any other indictment or conviction, pay into the Exchequer at two times in the year, viz. in every Easter and Michaelmas term, as much as then shall remain unpaid, after the rate of 20. for every month after such conviction; and in default of payment, process to issue out of the Exchequer, &c. to take all the goods and two parts of the lands, tenements, hereditaments, leases, and farms of such offender, towards satisfaction of the penalties. This payment for every month after the conviction, is by s. 6. to be till the party makes submission, and conforms according to the true meaning of the statute 23 Eliz. c. 1. But by stat. 3 Jac. 1. c. 4. s. 11. the king has an option to waive the monthly forfeiture, and to take two Church thirds of the offender's lands, till the said party, being Ch. I. §7. indicted for not coming to church contrary to former laws, Offences against shall conform himself and come to church, according to the Establishment. meaning of the statute in that behalf made. Sect. 5. for the more speedy conviction of such offender Indictment. in not repairing to divine service, but forbearing the same, contrary to the said statute, (23 Eliz. c. 1.) enacts, That the indictment mentioning the not coming of such offender to the church of the parish where such person at any time before such indictment was, or did keep house or residence, nor to any other church, chapel, or usual place of common prayer, shall be sufficient in law; and that it shall not be needful to mention in every such indictment, that the offender was or is inhabiting within England or other the queen's dominions. But if such offender were then not within the realm, &c. he shall be relieved by plea in that behalf, and not otherwise. And that upon the indictment of such of- Proclamation to fender, a proclamation shall be made at the same assizes surrender. or gaol delivery in which the indictment shall be taken, (if the same be taken at any assizes or gaol delivery,) by which it shall be commanded that the body of such offender shall be rendered to the sheriff before the next assizes or gaol delivery in the same county; and if at the said next assizes or gaol delivery the same offender so proclaimed shall not make appearance of record (a), then upon such default recorded the (a) The party same shall be as sufficient a conviction (b) in law of the said offence whereof the party so stands indicted, as aforesaid, as if upon the same indictment a trial by verdict thereupon had proceeded and been recorded. must enter his ap- ch. 10. s. 25. removed into the Exchequer, and there quashed; but no writ of error can be brought upon it, as upon a judgment. 1 Hawk. ch. 10. s. 23. Sect. 6. provides, That when such offender shall make offender consubmission and become conformable, according to the statute forming. 23 Eliz. or shall die, then no forfeiture of 20. for any month, or seizure of lands from and after such submission and conformity, or death, and full satisfaction of all arrearages of 201. monthly, before such seizure due or payable, shall ensue or be continued against such offender, so long as he shall continue in coming to divine service according to the intent of the said statute. Besides Church Ch. I. §7. Besides the above provisions, which are of a general nature, Offences against extending to all descriptions of persons, there are also other Establishment. Statutes, principally directed against popish recusants, which incidentally notice the offence of not attending church, and make regulations in respect of the same: these I shall refer to as the subject hereafter requires. For the present I shall only advert to some clauses which contain further general provisions touching the offence in question. 3 Jac. 1. c. 4. 3. 7. Jurisdiction. Proclamation. Penalties. The stat. 3 Jac. 1. c. 4. s. 7. enacts, "That the justices of assize and gaol delivery at their assizes, and the justices of peace at any of their general or quarter sessions, shall, by virtue of this act, inquire, hear, and determine of all recusants and offences, as well for not receiving the sacrament aforesaid, &c. as for not repairing to church according to the meaning of former laws, in such manner and form as the said justices of assize and gaol delivery may now do by former laws in the case of recusancy for not repairing to church; and also shall have power at their said assizes and gaol delivery, and at the sessions (in which any indictment against any person for not repairing to church according to former laws, &c. shall be taken) to make proclamation, by which it shall be commanded, that the body of every such offender shall be rendered to the sheriff of the same county, or bailiff, or other keeper of the gaol of the liberty, before the next assizes and general gaol delivery, or before the next general or quarter sessions respectively to be holden for the said shire, limit, division, or liberty: and if at the said next assizes, &c. the offender so proclaimed shall not make appearance of record, then, on such default recorded, the same shall be as sufficient a conviction in law of the said offence whereof the party stands indicted as aforesaid, as if upon the same indictment a trial by verdict thereupon had proceeded and been found against such offender, and recorded." Sect. 8. enacts, "That every offender in not repairing to divine service, but forbearing the same, contrary to the statutes in that behalf made, who shall be thereof once convicted, shall, in such of the terms of Easter and Michaelmas as shall be next after such conviction, pay into the Exchequer after the rate of 201. for every month which shall be contained in the indictment whereupon such conviction shall be; and shall also, for every month after such conviction, without |