The Act Against Recusants
(1593),
35 Elizabeth, Cap. 2
Gee, Henry, and William John Hardy, ed.,
Documents Illustrative of English Church History
(New York: Macmillan, 1896), 498-508.
Hanover Historical Texts Project
Scanned and proofread by Heather Haralson, May 1998.
Posted by Raluca Preotu, July 1999.
Proofread and pages added by Jonathan Perry, March 2001.
Editors' Introduction:
LEGISLATION against Roman Catholics under Elizabeth culminated in the Act which follows. It was preceded by the Supremacy Act (ante, No. LXXVIII); the Act 5 Eliz. cap. I, For the assurance of the [Page 499] queen's royal power over all estates and subjects within her majesty's dominions; the Act 13 Eliz. cap. 2, Against bringing in and executing papal bulls; the Act 23 Eliz. cap. I, Against receiving absolution from the See of Rome; and 28 & 29 Eliz. cap. 6. See also the Act against Jesuits, &c. (ante, No. LXXXV). Subsequent anti-Romanist Acts were the following: - 3 Jac. I, cap. 4, For the better discovering and repressing of Popish Recusants; 3 Jac. I, cap. 5, To prevent and avoid dangers which may grow by Popish Recusants; 25 Car. II, cap. 2, For preventing dangers which may happen from Popish Recusants; I Will. and Mary, cap. 26, sections 9, 15; 9 & 10 Will. III, cap. 32; and finally 13 Ann. cap. 13, which rendered 3 Jac. I, cap. 5, more effectual. An outline of the growth of toleration can be seen in Hore's Church in England from William III to Victoria, vol. i. p.436.
[Transcr. Statutes of the Realm, iv. pt. ii. p.843.]
For the better discovering and avoiding of all such traitorous and most dangerous conspiracies and attempts as are daily devised and practised against our most gracious sovereign lady the queen's majesty and the happy estate of this commonweal, by sundry wicked and seditious persons, who, terming themselves Catholics, and being indeed spies and intelligencers, not only for her majesty's foreign enemies, but also for rebellious and traitorous subjects born within her highness's realms and dominions, and hiding their most detestable and devilish purposes under a false pretext of religion and conscience, do secretly wander and shift from place to place within this realm, to corrupt and seduce her majesty's subjects, and to stir them to sedition and rebellion:
Be it ordained and enacted by our sovereign lady the queen's majesty, and the Lords spiritual and temporal, and the Commons, in this present Parliament assembled, and by the authority of the same, that every person above the age of sixteen years, born within any of the queen's majesty's realms and dominions, or made denizen, being a popish recusant, and before the end of this session of Parliament, convicted for not repairing to some church, chapel, or usual [Page 500] place of common prayer, to hear divine service there, but forbearing the same, contrary to the tenor of the laws and statutes heretofore made and provided in that behalf, and having any certain place of dwelling and abode within this realm, shall within forty days next after the end of this session of Parliament (if they be within this realm, and not restrained or stayed either by imprisonment, or by her majesty's commandment, or by order and direction of some six or more of the privy council, or by such sickness or infirmity of body, as they shall not be able to travel without imminent danger of life, and in such cases of absence out of the realm, restraint, or stay, then within twenty days next after they shall return into the realm, and be enlarged of such imprisonment or restraint, and shall be able to travel) repair to their place of dwelling where they usually heretofore made their common abode, and shall not, any time after, pass or remove above five miles from thence.
And also that every person being above the age of sixteen years, born within any her majesty's realms or dominions, or made denizen, and having, or which hereafter shall have, any certain place of dwelling and abode within this realm, which, being then a popish recusant, shall at any time hereafter be lawfully convicted for not repairing to some church, chapel, or usual place of common prayer, to hear divine service there, but forbearing the same contrary to the said laws and statutes, and being within this realm at the time that they shall be convicted, shall within forty days next after the same conviction (if they be not restrained or stayed by imprisonment or otherwise, as is aforesaid, and in such cases of restraint and stay, then within twenty days next after they shall be enlarged of such imprisonment or restraint, and shall be able to travel) repair to their place of usual dwelling and abode, and shall not at any time after pass or remove above five miles from thence; upon pain that every person and persons that shall offend against the tenor and intent [Page 501] of this Act in anything before mentioned, shall lose and forfeit all his and their goods and chattels, and shall also forfeit to the queen's majesty all the lands, tenements, and hereditaments, and all the rents and annuities of every such person so doing or offending, during the life of the same offender.
And be it also enacted by the authority aforesaid, that every person above the age of sixteen years, born within any her majesty's realms or dominions, not having any certain place of dwelling and abode within this realm, and being a popish recusant, not usually repairing to some church, chapel, or usual place of common prayer, but forbearing the same, contrary to the same laws and statutes in that behalf made, shall within forty days next after the end of this session of Parliament (if they be then within this realm, and not imprisoned, restrained, or stayed as aforesaid, and in such case of absence out of the realm, imprisonment, restraint, or stay, then within twenty days next after they shall return into the realm, and be enlarged of such imprisonment or restraint, and shall be able to travel) repair to the place where such person was born, or where the father or mother of such person shall then be dwelling, and shall not at any time after remove or pass above five miles from thence; upon pain that every person and persons which shall offend against the tenor and intent of this Act in anything before mentioned, shall lose and forfeit all his and their goods and chattels, and shall also forfeit to the queen's majesty all the lands, tenements, and hereditaments, and all the rents and annuities of every such person so doing or offending, during the life of the same person.
And be it further enacted by the authority aforesaid, that every such offender as is before mentioned, which has or shall have any lands, tenements, or hereditaments, by copy of court-roll, or by any other customary tenure at the will of the lord, according to the custom of any manor, shall forfeit [Page 502] all and singular his and their said lands, tenement, and hereditaments so holden by copy of court-roll or customary tenure, as aforesaid, for and during the life of such offender (if his or her estate so long continue) to the lord or lords of whom the same be immediately holden, if the same lord or lords be not then a popish recusant, and convicted for not coming to church to hear divine service, but forbearing the same contrary to the laws and statutes aforesaid, nor seised or possessed upon trust, to the use or behoof of any such recusant as aforesaid, and in such case the same forfeiture to be to the queen's majesty.
Provided always, and be it further enacted by the authority aforesaid, that all such persons as by the intent and true meaning of this Act are to make their repair to their place of dwelling and abode, or to the place where they were born, or where their father or mother shall be dwelling, and not to remove or pass above five miles from thence as is aforesaid, shall within twenty days next after their coming to any of the said places (as the case shall happen) notify their coming thither, and present themselves, and deliver their true names in writing, to the minister or curate of the same parish, and to the constable, headborough, or tithingman of the town, and thereupon the said minister or curate shall presently enter the same into a book to be kept in every parish for that purpose.
And afterwards the said minister or curate, and the said constable, headborough, or tithingman, shall certify the same in writing to the justices of the peace of the same county at the next general or quarter-sessions to be holden in the said county, and the said justices shall cause the same to be entered by the clerk of the peace in the rolls of the same sessions.
And to the end that the realm be not pestered and overcharged with the multitude of such seditious and dangerous people as is aforesaid, who, having little or no ability to [Page 503] answer or satisfy any competent penalty for their contempt and disobedience of the said laws and statutes, and being committed to prison for the same, do live for the most part in better case there, than they could if they were abroad at their own liberty; the Lords spiritual and temporal, and the Commons, in this present Parliament assembled, do most humbly and instantly beseech the queen's majesty, that it may be further enacted, that if any such person or persons, being a popish recusant (not being a feme covert, and not having lands, tenements, rents, or annuities, of an absolute estate of inheritance or freehold, of the clear yearly value of twenty marks, above all charges, to their own use and behoof, and not upon any secret trust or confidence for any other, or goods and chattels in their own might, and to their own proper use and behoof, and not upon any such secret trust and confidence for any other, above the value of forty pounds) shall not within the time before in this Act in that behalf limited and appointed, repair to their place of usual dwelling and abode, if they have any, or else to the place where they were born, or where their father or mother shall be dwelling, according to the tenor and intent of this present Act, and thereupon notify their coming, and present themselves, and deliver their true names in writing to the minister or curate of the parish, and to the constable, headborough, or tithingman of the town, within such time, and in such manner and form as is aforesaid, or at any time after such their repairing to any such place as is before appointed, shall pass or remove above five miles from the same, and shall not within three months next after such person shall be apprehended or taken for offending as is aforesaid, conform themselves to the obedience of the laws and statutes of this realm, in coming usually to the church to hear divine service, and in making such public confession and submission, as hereafter in this Act is appointed and expressed, being thereunto required by the bishop of the [Page 504] diocese, or any justice of the peace of the county where the same person shall happen to be, or by the minister or curate of the parish; that in every such case every such offender, being thereunto warned or required by any two justices of the peace or coroner of the same county where such offenders shall then be, shall upon his and their corporal oath before any two justices of the peace, or coroner of the same county, abjure this realm of England, and all other the queen's majesty's dominions for ever; and thereupon shall depart out of this realm at such haven and port, and within such time, as shall in that behalf be assigned and appointed by the said justices of peace or coroner, before whom such abjuration shall be made, unless the same offenders be letted or stayed by such lawful and reasonable means or causes, as by the common laws of this realm are permitted and allowed in cases of abjuration for felony; and in such cases of let or stay, then within such reasonable and convenient time after, as the common law requires in case of abjuration for felony as is aforesaid.
And that every justice of peace or coroner before whom any such abjuration shall happen to be made as is aforesaid shall cause the same presently to be entered of record before them, and shall certify the same to the justices of assizes or gaol-delivery of the said county, at the next assizes or gaol-delivery to be holden in the same county.
And if any such offender, which by the tenor and intent of this Act is to be abjured as is aforesaid, shall refuse to make such abjuration as is aforesaid, or after such abjuration made shall not go to such haven, and within such time as is before appointed, and from thence depart out of this realm, according to this present Act, or after such his departure shall return or come again into any her majesty's realms or dominions, without her majesty's special licence in that behalf first had and obtained; that then, in every such case, the person so offending shall be adjudged a felon, [Page 505] and shall suffer and lose as in case of felony without benefit of clergy.
And be it further enacted and ordained by the authority aforesaid, that if any person which shall be suspected to be a Jesuit, seminary or massing priest, being examined by any person having lawful authority in that behalf to examine such person which shall be so suspected, shall refuse to answer directly and truly whether he be a Jesuit, or a seminary or massing priest, as is aforesaid, every such person so refusing to answer shall for his disobedience and contempt in that behalf, be committed to prison by such as shall examine him as is aforesaid, and thereupon shall remain and continue in prison without bail or mainprize, until he shall make direct and true answer to the said questions whereupon he shall be so examined.
Provided nevertheless, and be it further enacted by the authority aforesaid, that if any of the persons which are hereby limited and appointed to continue and abide within five miles of their usual dwelling-place, or of such place where they were born, or where their father or mother shall be dwelling as is aforesaid, shall have necessary occasion or business to go and travel out of the compass of the said five miles; that then, and in every such case--upon licence in that behalf to be gotten under the hands of two of the justices of the peace of the same county, with the privity and assent in writing of the bishop of the diocese, or of the lieutenant, or of any deputy-lieutenant of the same county, under their hands--it shall and may be lawful for every such person to go and travel about such their necessary business, and for such time only for their travelling, attending, and returning, as shall be comprised in the same licence; anything before in this Act to the contrary notwithstanding.
Provided also, that if any such person so restrained as is aforesaid, shall be urged by process, without fraud or covin, or be bounden without fraud or covin, to make appearance [Page 506] in any of her majesty's courts, or shall be sent for, commanded, or required by any three or more of her majesty's privy council, or by any four or more of any commissioners to be in that behalf nominated and assigned by her majesty, to make appearance before her majesty's said council or commissioners; that in every such case, every such person so bounden, urged, commanded, or required to make such appearance, shall not incur any pain, forfeiture, or loss for travelling to make appearance accordingly, nor for his abode concerning the same, nor for convenient time for his return back again upon the same.
And be it further provided and enacted by the authority aforesaid, that if any such person or persons so restrained as is aforesaid, shall be bound, or ought to yield and render their bodies to the sheriff of the county where they shall happen to be, upon proclamation in that behalf without fraud or covin to be made; that then in every such case, every such person which shall be so bounden, or ought to yield and render their body as aforesaid, shall not incur any pain, forfeiture, or loss for travelling for that intent and purpose only, without any fraud or covin, nor for convenient time taken for the return back again upon the same.
And furthermore be it enacted by the authority of this present Parliament, that if any person, or persons, that shall at any time hereafter offend against this Act, shall before he or they shall be thereof convicted come to some parish church on some Sunday or other festival day, and then and there hear divine service, and at service-time, before the sermon, or reading of the gospel, make public and open submission and declaration of his and their conformity to her majesty's laws and statutes, as hereafter in this Act is declared and appointed; that then the same offender shall thereupon be clearly discharged of and from all and every pains and forfeitures inflicted or imposed by this Act for any of the said offences in this Act contained: the same [Page 507] submission to be made as hereafter follows, that is to say:
'I, A. B., do humbly confess and acknowledge, that I have grievously offended God in contemning her majesty's godly and lawful government and authority, by absenting myself from church, and from hearing divine service, contrary to the godly laws and statutes of this realm: and I am heartily sorry for the same, and do acknowledge and testify in my conscience, that the bishop or see of Rome has not, nor ought to have, any power or authority over her majesty, or within any her majesty's realms or dominions: and I do promise and protest, without any dissimulation, or any colour or means of any dispensation, that from henceforth I will from time to time obey and perform her majesty's laws and statutes, in repairing to the church, and hearing divine service, and do my uttermost endeavour to maintain and defend the same.'
And that every minister or curate of every parish, where such submission and declaration of conformity shall here after be so made by any such offender as aforesaid, shall presently enter the same into a book to be kept in every parish for that purpose, and within ten days then next following shall certify the same in writing to the bishop of the same diocese.
Provided nevertheless, that if any such offender, after such submission made as is aforesaid, shall afterwards fall into, relapse, or eftsoons become a recusant, in not repairing to church to hear divine service, but shall forbear the same, contrary to the laws and statutes in that behalf made and provided; that then every such offender shall lose all such benefit as he or she might otherwise, by virtue of this Act, have or enjoy by reason of their said submission; and shall thereupon stand and remain in such plight, condition, and degree, to all intents, as though such submission had never been made.
[Page 508] Provided [1] always, and be it enacted by the authority aforesaid, that all and every woman married, or hereafter to be married, shall be bound by all and every article, branch, and matter contained in this statute, other than the branch and article of abjuration before mentioned: and that no such woman married, or to be married, during marriage, shall be in anywise forced or compelled to abjure, or be abjured, by virtue of this Act; anything therein contained to the contrary thereof notwithstanding.
Links to English Reformation Pages
Footnotes
[1] This proviso is annexed to the original Act in a separate schedule.
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