munication fequeftration or deprivation and other cenfures and procefs in like form as heretofore hath been used in like cafes by the king's ecclefiaftical laws. f. 23.

Provided, that whatfoever perfons offending in the premiffes fhall for their offences first receive punishment of the ordinary, having a teftimonial thereof under the ordinary's feal, fhall not for the fame offence eftfoons be convicted before the juftices; and likewife receiving for the faid offence punishment firft by the juftices, fhall not for the fame offence eftfoons receive punishment of the ordinary. S.24.

All perfons] Except diffenters qualified by the act of toleration, who refort to fome congregation of religious worship allowed by that act. 1 W. c. 18. f. 2. 16. [And perfons who fhall take the oaths, and come to fome congregation or place of religious worship permitted to Roman catholicks, by 31 G. 3. c. 32. f. 9.]

Having no lawful or reasonable excufe] It hath been holden, that the indictment need not to thew that the party had no reasonable excufe for his abfence; but the defendant, if he have any matter of this kind in his favour, ought to fhew it. i Haw. 13.

And if the fpiritual court, proceeding upon this statute, refuse to allow a reasonable excufe, they may be prohibited; but if they proceed wholly on their own canons, they fhall not be at all controlled by the common law, unless they act in derogation from it, as by questioning a matter not triable by them, as the bounds of a parish, or the like; for they fhall be prefumed to be the best judges of their own laws. 1 Haw. 13.

To fome other ufual place] And he who is abfent from his own parish church shall be put to prove where he went to church. 1 Haw. 13.

To abide orderly and foberly during the time] He who mifbehaves himself in the church, or miffes either morning or evening prayer, or goes away before the whole fervice is over, is as much within the ftatute as he who is wholly abfent. 1 Haw. 13.

Thereof be indicted] The offence in not coming to church confifting wholly in a non-feafance, and not fuppofing any fact done, but barely the omiffion of what ought to be done, needs not be alledged in any certain place; for properly speaking, it is not committed any where. 1 Haw. 13.

And by the 37. c. 4. The juftices of affize and juftices of the peace in feffions fhall have power to inquire hear

and

and determine of all recufants and offences for not repairing to church according to the meaning of former laws, as the juftices of affize may do by fuch former laws; and alfo fhall have power at their affizes, and at the feffions (in which any indictment against any perfon for not repairing to church according to fuch former laws fhall be taken) to make proclamation, by which it fhall be commanded that the body of fuch offender be rendered to the fheriff or other keeper of the gaol, before the next affizes or before the next feffions refpectively; and if at the faid next affizes or feffions the offender fo proclaimed fhall not make appearance of record, then upon every fuch default recorded, the fame fhall be as fufficient conviction in law, as if upon the indictment a verdict had been found and recorded. . 7.

And by the fame ftatute of 3 J. c. 4. If any perfon fhall not refort every funday to fome church chapel or ufual place of common prayer, and there hear divine fervice, according to the 1 El. c. 2. one juftice of the peace of that divifion where the party fhall dwell, on proof to him made of fuch default by confeffion, or oath of witness, may call the faid party before him; and if he fhall, not make a fufficient excufe and due proof thereof to the fatiffaction of the faid juftice, he may give warrant to the churchwarden of the faid parifh wherein the faid party fhall dwell, to levy 12d. for every fuch default by diftrefs and fale; and in default of fuch diftrefs, the faid juftice may commit him to fome prifon within the fhire divifion or liberty wherein fuch offender fhall be inhabiting, till payment be made; which faid forfeiture fhall be to and for the ufe of the poor of that parifh wherein the offender fhall be abiding at the time of the offence committed, 6. 27.

But no man fhall be impeached upon this claufe, except he be called in queftion for his default within one month after the faid default made. f. 28.

And no man being punished according to this branch, fhall for the fame offence be punished by the 1 El. c. 2. Id. f. 29.

2. By the 23 El. c. 1. Every perfon above the age of fixteen years, who fhall not repair to fome church chapel or ufual place of common prayer, but forbear the fame contrary to the r El. c. 2. fhall forfeit to the queen's majefty for every month which he fhall fo forbear 201.; and over and befides the faid forfeitures, every perfon fo forbearing by the space of twelve months fhall, after cer

tificate thereof in writing made into the king's bench by the bishop of the diocefe or a juftice of affize or a justice of the peace of the county where the offender fhall dwell, be bound with two fufficient fureties in 200 l. at least, to the good behaviour, and fo to continue bound until he conform himself and come to church. Which faid forfeitures fhall be one third to the king to his own ufe; one-third to the king for relief of the poor in the parish where the offence fhall be committed, to be delivered by warrant to the principal officers in the receipt of the exchequer without further warrant from the king; and one third to him who shall fue. And if such person shall not be able, or fhall fail to pay the fame within three months after judgment given; he shall be committed to prifon till be have paid the fame, or conform himself to go to church. J. 5. 11.

But if the offender fhall before he be indicted, or at his arraignment or trial before judgment, fubmit and conform himself before the bishop of the diocefe or before the juftices where he shall be indicted, arraigned or tried (having not before made like fubmiffion at his trial being indicted for the first offence); he fhall be difcharged, upon his recognition of fuch fubmiffion in open affizes or feffions of the county where he shall be refident. S. 10.

Allo every perfon which ufually on the funday fhalt bave in his houfe divine fervice by law eftablished, and be thereat himself moft commonly prefent and fhall not obftinately refuse to come to church, and fhall also four times a year at least be present at the divine fervice in the church of the parish where he shall be refident, or in fome other common church or chapel of eafe, fhall not incur any pain or penalty for not repairing to church. f. 12.

And every grant conveyance bond judgment and execution, made of covinous purpose to defraud any interest right or title that may or ought to grow to the king or to any other person by any conviction or judgment on this ftatute, fhall be void against the king and againft fuch as shall fue for fuch penalty as aforefaid. f. 13.

But forbear the fame contrary to the 1 El. c. 2.] A perfon who was fick for part of the time contained in an information upon this ftatute, fhall not be at all excufed by reafon of fuch fickness, if it be proved that he was a recufant both before and after; for it shall be intended that he obftinately forbore during that time. 1 Haw. 14.

Sball forfeit to the queen's majefly for every month] It hath been refolved, that this ftatute by inflicting 201. for a

month's abfence, difpenfeth not with the forfeiture of rad. ' for the absence of one funday; for both may well ftand together; and the 12 d. is immediately forfeited upon the abfence of each particular day. 1 Haw. 13.

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. 1 Haw. 14.

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 How. 18.

And by the 29 El. c. 6. it is further enacted, that every feoffment gift grant conveyance alienation estate leafe incumbrance and limitation of use, of or out of any lands, made by an person which hath not repaired or shall not repair to fome church chapel or ufual place of common prayer, contrary to the 23 El. c. 1. and which is revocable at the pleafure of fuch offender, or in any wife directly or indirectly intended for the behoof relief or maintenance or at the difpofition of fuch offender, or whereby fuch offender or his family fhall be maintained,fhall be utterly void as against the king for levying the penalties. f. 1.

But this fhall not extend to make void or impeach any grant or leafe made bona fide, without fraud or covin, whereupon the accuftomed yearly rent or more shall be reserved, or any other conveyance made bona fide upon good confideration, and without fraud or covin, which hall not be recoverable at the pleasure of the offender, otherwise than to give benefit to the king to enjoy fuch rents and payments during the continuance of fuch leafe and grant. 8.

And every conviction for fuch offence fhall be in the king's bench or at the affices, and not elsewhere; and fhall from the juftices before whom the record of fuch conviction fhall remain, be eftreated into the exchequer before the end of the term next enfuing such conviction. J. 2.

And every fuch offender in not repairing to church as fhall be thereof once convicted, shall 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 20 1. for every month which fhall be contained in the indictment whereupon the conviction fhall be; and fhall also for every month after fuch conviction without any other indictment or conviction pay into the exchequer at two times a year, viz. in every Easter and Michaelmas term as much as fhall 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 process out of the exchequer feize all the goods and two parts of the lands liable to fuch feizure or to the penalties aforefaid, leaving the third part only of fuch lands for the maintenance of the offender and his family. f. 4.

And for the more fpeedy conviction of fuch offender in not repairing to divine fervice, the indictment mentioning the not coming of fuch offender to the church of the parish where he at any time before fuch indictment was or did keep house or refidence, nor to any other church chapel or ufual place of common prayer, shall be fufficient in the law; and it shall not be needful to mention in the indictment that the offender was or is inhabiting within this realm; but if it fhall happen any fuch offender then not so 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 shall 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 affizes; and if at the said 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. f. 5.

Provided, that when fuch offender fhall make fubmiffion and conform, or fhall die; no forfeiture of 201. for any month or feizure of the lands of the offender, from fuch fubmiflion and conformity or death, and fatisfaction of all the arrearages of 20 1. monthly, before such seizure due or payable, fhall enfue or be continued againft fuch of fender. 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 corretion, as of

impotent