« PreviousContinue »
such kind of coin of gold or silver, as is not the proper coin of this Commonwealth, and is or shall be current within this nation, by consent of the Parliament, or such as shall be by them authorised thereunto; or shall bring from the parts beyond the seas into this Commonwealth, or into any the dominions of the same, any such false and counterfeit coin of money, being current within the same, as is abovesaid, knowing the same money to be false and counterfeit, to the intent to utter or make payment with the same within this Commonwealth, by merchandize or otherwise ; or if any person shall impair, diminish, falsify, clip, wash, round or file, scale or lighten, for wicked lucre or gain's sake, any the proper monies or coins of this Commonwealth, or the dominions thereof, or of the monies or coins of any other realm, allowed and suffered to be current within this Commonwealth, or the dominions thereof, that then all and every such offences above-mentioned, shall be and are hereby deemed and adjudged high treason, and the offenders therein, their councillors, procurers, aiders and abettors, being convicted according to the laws of this nation of any of the said offences, shall be deemed and adjudged traitors against this Commonwealth, and shall suffer and have such pains of death and forfeitures, as in case of high treason is used and ordained.
Provided always, and be it enacted by the authority aforesaid, that this Act touching the monies and coins aforesaid, or anything therein contained, nor any attainder of any person for the same, shall in any ise extend or be judged to make any corruption of blood, to any the heir or heirs of any such offender, or to make the wife of any such offender to lose or forfeit her dower, of or in any lands, tenements, or hereditaments, or her title, action, or interest in the
83. AN ACT REPEALING SEVERAL CLAUSES IN STATUTES IMPOSING PENALTIES FOR NOT COMING TO CHURCH,
[September 27, 1650. Scobell, ii. 131.] The Parliament of England taking into consideration several Acts, made in the times of former Kings and Queens of this nation, against recusants not coming to church, enjoining the use of Common Prayer, the keeping and observing of holy days, and some other particulars touching
matters of religion; and finding, that by the said Act divers religious and peaceable people, well-affected to the prosperity of the Commonwealth, have not only been molested and imprisoned, but also brought into danger of abjuring their country, or in case of return, to suffer death as felons, to the great disquiet and utter ruin of such good and godly people, and to the detriment of the Commonwealth, do enact, and be it enacted by this present Parliament, and by authority of the same, that all and every the branches, clauses, articles, and provisoes expressed and contained in the ensuing Acts of Parliament; viz. in the Act of the first of Eliz, intituled, "An Act for uniformity of prayer, and administration of Sacraments ;' and in an Act of the thirtyfifth of Eliz, intituled, “An Act for punishing of persons obstinately refusing to come to church, and persuading others to impugn the Queen's authority in ecclesiastical causes ;' and all and every the branches, clauses, articles, and provisoes contained in an Act of Parliament of the twenty-third of Eliz, intituled, 'An Act for retaining the Queen's subjects in their due obedience;' hereafter expressed, viz. Be it also further enacted by the authority aforesaid, that every person above the age of sixteen years, which shall not repair to some Church, Chapel, or usual place of Common Prayer, but forbear the same, contrary to the tenor of a statute made in the first year of her Majesty's reign, for uniformity of Common Prayer, and being thereof lawfully convicted, shall forfeit to the Queen's Majesty for every month, after the end of this session of Parliament, which he or she shall so forbear, £20 of lawful English noney, and that over and besides the said forfeitures, every person so forbearing by the space of twelve months as aforesaid, shall for his or her obstinacy, after certificate thereof in writing made into the Court, commonly called the King's Bench, by the 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 bound with two sufficient sureties, in the sum of £200 at the least, to the good behaviour, and so to continue bound until such time as the persons so bound do conform themselves and come to the church, according to the true meaning of the said statute made in the said first year of the Queen's Majesty's reign : and be it further enacted, that if any person or persons, body politic or corporate, after the feast of Pentecost next coming, shall keep or maintain any schoolmaster, which shall not repair to church as is afore. said, or be allowed by the Bishop or Ordinary of the diocese where such schoolmaster shall be so kept, shall forfeit and lose for every month so keeping him, £10: provided, that no such Ordinary or their Ministers shall take anything for the said allowance : and such schoolmaster or teacher presuming to teach contrary to this Act, and being thereof lawfully convict, shall be disabled to be a teacher of youth, and shall suffer imprisonment without bail or mainprize for one year.
And be it likewise enacted, that all and every offences against this Act, or against the Acts of the first, fifth, or thirteenth years of her Majesty's reign, touching acknowledging of her Majesty's supreme Government in causes ecclesiastical, or other matters touching the service of God or coming to church, or establishment of true religion in this realm, shall and may be enquirable as well before justices of peace, as other justices named in the same statutes, within one year and a day after every such offence committed ; anything in this Act, or in any other Act to the contrary notwithstanding :' and all and every the branches, clauses, articles, and provisoes expressed and contained in any other Act or Ordinance of Parliament, whereby or wherein any penalty or punishment is imposed, or mentioned to be imposed on any person whatsoever, for not repairing to their respective parish churches, or for not keeping of holy days, or for not hearing, Common Prayer. or for speaking or inveighing against the Book of Common Prayer, shall be, and are by the authority aforesaid, wholly repealed and made void.
And it is also hereby enacted and declared, that all proceedings had or made by virtue of any the clauses, branches, or articles mentioned and contained in any of the aforesaid Acts, and hereby repealed, against any such person or per sons as aforesaid, shall be fully and wholly superseded, made void and null.
Provided, that this Act, nor anything therein contained. shall extend to the taking away of any Act or Ordinance made by this present Parliament, concerning the due observation of the Lord's day, days of public thanksgiving and humiliation.
And to the end that no profane or licentious persons may take occasion by the repealing of the said laws intended only for relief of pious and peaceably-minded people from the rigour of them) to neglect the performance of religious duties, be it further enacted by the authority aforesaid, that all and every person and persons within this Commonwealth and the territories thereof, shall (having no reasonable excuse for their absence) upon every Lord's day, days of public thanksgiving and humiliation, diligently resort to some public place where the service and worship of God is exercised, or shall be present at some other place in the practice of some religious duty, either of prayer, preaching, reading or expounding the scriptures, or conferring upon the same.
And be it further declared by the authority aforesaid, that every person and persons that shall not diligently perform the duties aforesaid, according to the true meaning hereof (not having reasonable excuse to the contrary) shall be deemed and taken to be offenders against this law, and shall be proceeded against accordingly.
84. AN ACT FOR THE SETTLEMENT OF IRELAND.
[August 12, 1650. Scobell, ii. 197.] Whereas the Parliament of England, after the expense of much blood and treasure for suppression of the horrid rebellion in Ireland, have by the good hand of God upon their undertakings, brought that affair to such an issue, as that a total reducement and settlement of that nation may, with God's blessing, be speedily effected, to the end therefore that the people of that nation may know that it is not the intention of the Parliament to extirpate that whole nation, but that mercy and pardon, both as to life and estate, may be extended to all husbandmen, ploughmen, labourers, artificers, and others of the inferior sort, in manner as is hereafter declared; they submitting themselves to the Parliament of the Commonwealth of England, and living peaceably and obediently under their government; and that others also of higher rank and quality may know the Parliament's intention concerning them, according to the respective demerits and considerations under which they fall; be it enacted and declared by this present Parliament, and by the authority of the same, that all and every person and persons of the Irish nation, comprehended in any of the following qualifications, shall be liable unto the penalties and forfeitures therein mentioned and contained, or be made capable of the mercy and pardon therein extended respectively, according as is hereafter expressed and declared ; that is to say,
I. That all and every person and persons, who at any time before the tenth day of November, 1642 (being the time of the sitting of the first General Assembly at Kilkenny in Ireland), have contrived, advised, counselled, promoted, or acted, the rebellion, murders, or massacres done or committed in Ireland, which began in the year 1641 ; or have at any time before the said tenth day of November, 1642, by bearing arms, or contributing men, arms, horse, plate, money, victual, or other furniture or hablements of war (other than such which they shall make to appear to have been taken from them by mere force and violence), aided, assisted, promoted, acted, prosecuted, or abetted the said rebellion, murders, or massacres, be excepted from pardon of life and estate.
II. That all and every Jesuit, priest, and other person or persons who have received orders from the Pope or See of Rome, or any authority derived from the same, that have any ways contrived, advised, counselled, promoted, continued, countenanced, aided, assisted, or abetted ; or at time hereafter shall any ways contrive, advise, counsel, promote, continue, countenance, aid, assist, or abet the rebellion or war in Ireland, or any the murders or massacres, robberies, or violences committed against the Protestants, English, or others there, be excepted from pardon for life and estate.
III. That James Butler Earl of Ormond, James Touchet Earl of Castlehaven, Ulick Bourke Earl of Clanricarde, Christopher Plunket Earl of Fingal, James Dillon Earl of Roscommon, Richard Nugent Earl of Westmeath, Morrogh O'Brien Baron of Inchiquin, Donogh MacCarthy Viscount Muskerry, Theobald Taaffe Viscount Taaffe of Corren, Richard Butler Viscount Mountgarret, &c., &c., be excepted from par don for life and estate.
IV. That all and every person and persons (both principals and accessories) who since the first of October, 1641, have or shall kil
slay, or otherwise destroy any person or persons in Ireland, which at the time of their being so killed, slain, or destroyed, were not publicly entertained and maintained in arms as officers or private soldiers, for and on behalf of the English against the Irish ; and all and every person and persons (both principals and accessories) who since the said first day of October, 1641, have killed, slain, or other