Statutes of the Realm: Volume 5, 1628-80. Originally published by Great Britain Record Commission, s.l, 1819.
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Stat. 1 Jac. I. c. 4. to be put in due Execution.
Conveying, &c. any Child or other Person to Parts beyond Sea, to be popishly bred, or maintaining them there; on Conviction thereof, Disability to sue, &c. and Forfeiture of Goods absolutely and of Lands for Life.
FORASMUCH as divers ill affected p[er]sons to the true Religion established within this Realme have sent their Children into forraine Parts to be bred upp in Popery notwithstanding the Restraint thereof by the Statute made in the First Yere of the Raigne of our late Soveraigne Lord King James of famous Memory, Be it enacted That the said Statute shalbe put in due Execucion. And be it further enacted by the Kings most excellent Majestie and the Lords Spirituall and Temporall and Co[m]mons in this p[re]sent Parliament assembled and by the Authoritie of the same, That in case any p[er]son or p[er]sons under the Obedience of the King His Heires and Successors at any Tyme after the End of this Session of Parliament shall passe or goe or shall convey or send or cause to be sent or conveyed any Child or other p[er]son out of any of the Kings Dominions into any the Parts beyond the Seas out of the Kings Obedience to the Intent and Purpose to enter into or be resident or trayned upp in any Priory Abby Nunnery Popish Univ[er]sitie Colledge or Schoole or House of Jesuits Preists or in any private Popish Familie and shalbe there by any Jesuite Seminary Priest Fryer Monke or other Popish p[er]son instructed p[er]swaded or strengthened in the Popish Religion in any Sort to p[ro]fesse the same or shall convey or send or cause to be conveyed or sent by the Hands or Meanes of any p[er]son whatsoever any so[m]me or so[m]mes of Mony or other Thing for or towards the mayntenance of any Child or other p[er]son already gone or sent or to goe or to be sent and trayned and instructed as is aforesaid or under the Name or Colour of any Charitie Benevolence or Almes towards the Releife of any Priorie Abby Nunnery Colledge Schoole or any Religious House whatsoever. Every p[er]son so sending conveying or causing to be sent and conveyed as well any such Child or other p[er]son as any so[m]me or so[m]mes of Mony or other Thing and every p[er]son passing or being sent beyond the Seas being thereof lawfullie convicted in or uppon any Informacion p[re]sentment or Indictment as is aforesaid shalbe disabled from thenceforth to sue or use any Accion Bill Plaint or Informacion in Course of Lawe or to p[ro]secute any Suite in any Court of Equitie or to be Co[m]mittee of any Ward or Executor or Administrator to any p[er]son or capable of any Legacie or Deed of Gift or to beare any Office within the Realme; and shall loose and forfeite all his Goods and Chattells and shall forfeit all his Lands Tenements and Hereditaments Rents An[n]uities Offices and Estates of Freehold for and during his naturall Life.
II. Proviso for Persons so sent abroad conforming after Return.
Provided allwaies That no p[er]son sent or conveyed as aforesaid that shall within Six Monethes after his Retorne into this Realme conforme himselfe unto the p[re]sent Religion established in this Church of England and receive the Sacrament of the Lords Supper according to the Statutes made concerning Conformitie in other Cases required from Popish Recusants shall incurre any the Penalties aforesaid.
III. Offences where and before whom determined.
( (fn. 1)) And it is enacted That all and every ( (fn. 2)) the Offences against this Statute may be enquired heard and determined before the Justices of the Kings Bench or Justices of Assise or Gaole delivery or of Oyer and Terminer of such Counties where the Offenders did last dwell or abide, or whence they departed out of this Kingdome or wherè they were taken.
IV. Persons returning and conforming, to have their Lands restored during Conformity.
Provided also That if any p[er]son or Childe so passing or sent or now being beyond the Seas shall after his Retorne into this Realme conforme himselfe [unto this (fn. 3)] Religion established in this Church of England and receive the Sacrament of the Lord his Supper according to the Statuts made for or concerning Conformity in other Cases required from Popish Recusants for and during such tyme as he or she shall so contynue in such Conformitie and Obedience according to the true Intent and Meaning of the said Lawes and Statuts shall have his or her Lands restored to them againe.