“I have lately come across an old law book published in 1711, which has been several years in my library, but entirely lost sight of by me until recently.
“From that I have been compiling some articles for one of our law journals, and began the accompanying article for the same publication.
“While writing it, it occurred to me that it might be more useful, if not more interesting, to the readers of such a journal as your Catholic World than to those of a mere law journal; and as I abhor religious intolerance in all forms, and see so much of it in this country, I concluded to send it to you, thinking perhaps you may deem it advisable to use it.”]
Abjuration.—The statute 35 Eliz. cap. 2 was made wholly against Popish Recusants convict above 16 Years of Age, enjoining them not to remove above 5 Miles from their Habitation: if they do, and not being covert (married?), nor having Land to the Value of 20 Marks per Annum or Goods worth £40, they must abjure the Kingdom. Hale’s Pl. Cr. 228.
“Likewise upon Persons who absent themselves from Church without just Cause, and refusing to conform within 3 Months after conviction.” 35 Eliz. cap. 1.
Armour.—(Recusancy was denying the Supremacy of the Queen and adhering to the Pope as Supreme Head of the Church.) “The Armour of Recusants convict shall be taken from them by Warrant from Four Justices of Peace.”
“If they conceal their Arms or give any Disturbance in the Delivery, one Justice may commit them for 3 months without Bail.” 3 Jac. cap. 5.
Bail: When allowed or denied.—A Minister “depraving” the Common Prayer-Book, as fixed by Statute, was liable, for first offence, to commitment for 6 months; for second offence, for a year; and for third offence, for life.
“Being present at any other Form: First Offence, Commitment for 6 Months; Second Offence, 12 Months; Third Offence, for Life.”
Recusants. “Suspected to be a Jesuit, Seminary, or Priest, and being examined refuseth to answer, may be committed till he answer directly.”