Eighteen PROPOSITIONS by way of Questions from the high Court of Parliament concerning the multitude of Popish Recusants now in England by their continual Treachery to the State, and welfare of the Kingdom, being enemies to the good of the Commonwealth.  
Directed to the judges of the Land, with their learned Resolutions unto the said Questions according to the Laws of England.  
Printed at London for john Watson, 1642.   

Questions From the High Court of Parliament to the judges concerning Popish Recusants, together with the judge's Resolutions to the same.  


1 Question.  
IF a Popish Recusant dwell in a liberty, as in the Cinque-ports, what course shall be taken for his Indictment?   

Resolution.  
Such a one may be indicted in the King's Bench but upon such an indictment there can be no Proclamation; he may also be indicted at the Quarter or general Sessions, but at the Assizes, for the County is the best where the general Goal delivery is, if there be any quarter Sessions held within the liberty, he may be indicted there also.    


2 Question.  
If he dwell in a place out of all Parishes, or in a decayed parish?   

In this Case he ought to resort to the next Parish, or some other Parish Church, he may be indicted of any Parish within their County.    


3 Question.  
If the Officers of the Parish cannot learn the Christian name, or surname of any Recusant, what is to be done?   

Resol.  
If the Master of the Family will not discover the Christian, or surname of those of his or their family as is fit, the Master or Mistress shall be bound to their good behaviour, and it is fit the next justice of Peace to the place suspected do resort thither to know the true names, and they may be indicted by such names as they are known by, if other names be not found?    


4. Quest.  
If any be indicted of Recusancy, whether after indictment or before committing the justices of Assize or justices of the Peace in their Sessions cannot take knowledge of any conformity otherwise than upon their submission in open Court.   

Resol.  
By the Statute of 23. Eliz. a Popish Recusant may submit himself before the Bishop before the Indictment, but after the indictment there can be no knowledge taken of any conformity, but by submission in person in open Court.    


5 Quest.  
If any man happen to be indicted of Popish Recusancy, which is in truth a Brownist or Separatist, what is to be done in such a Case, or whether the Record do bind till conformity?   

Resolution.  
If such be indicted as a Popish Recusant there is no avoiding it but by conformity, but if the indictment be general and Contra formam statuti, the statute of 29. Eliz. or denyeth several punishments for them.    


6. Question.  
If a Recusant indicted and proclaimed would traverse the Indictment whether must he not first yield his body to the Sheriff and tender his traverse in person and tender it in custody?   

Resolution.  
No traverse ought to be admitted unless the party indicted yield his or her body to the Sheriff and appear in person in custody.    


7. Quest.  
If for absence for a month and he traverse for that time, if the traverse pass for the King whether that be not a conviction whereupon the King shall have twenty pound the month, or two parts of the Recusants' lands, as well as if the Recusant be proclaimed and make default?   

Resolution.  
If the traverse pass for the King upon evidence or by default, or if upon appearance he will not plead and see judgement be given by nihil dicit. This is conviction as if it had been upon proclamation.    


8. Question.  
Whether upon the traverse if it come to a trial, it shall be sufficient evidence to prove that the Recusant went once or twice to Church, or whether he must not prove he hath gone to his Parish Church, and hath gone every Sunday according to the statute of Prion Elizabeth, all the latter statutes referring to that Statute?   

Resolution.  
The coming to Church must be to his Parish Church, etc. and it must be once in every month to save the 20. pound the month or 2. parts of the Lands but it must be every Sunday to save them 12. pence the Sunday.    


9 Question.  
Whether if a Recusant be once convicted, and conform himself and his conformity be pleaded and judgement be given for that Recusant, and after he fall into the relapse by for bearing to go to Church, there need not any new indictment of conviction?   

Reason.  
He may be newly indicted at the assine; or Sessions, and then best to be special reciting the conformity and the relapse, and it may be also by pleasing in the Exchequer, whereupon issue may be joined.    


10. Quest.  
Whether if such a Recusant convicted and relapsing dye before any questioning of him before his death, the forfeiture incurring in his life time be not wholly ruined, & that the arrearages may not wholly be put into charge, and levied upon his lands or goods or both, who died in relapse, or whether there must be a Scire Fac. against the Executors and Tenants?   

Resolution.  
This is left to the course of the Exchequer, but an heir may conform and avoid it.    


11. Quest.  
If one obtain a grant under the great Seal, of any Recusants' lands or goods, and that the Recusant buy in that grant to himself or to his use, though originally it was granted to his use, whether this grant be void, specially after a new conviction of the same party?   

Resolution.  
If a Recusant purchase in such a grant upon a new inquisition, or by a Bill in the Exchequer Chamber these are made subject to a new seizure, as of lands newly purchased by a Recusant.    


12. Quest.  
If a Recusant be indicted and proclaimed, and before conviction he yield up his body and plead not; what shall be done; and whether a nihil dicit may not be entered?   

Resolution.  
In this case a nihil dicit shall be entered if he will not plead after appearance, and that will be a conviction at the common Law.    


13. Quest.  
Whether if after proclamation a Recusant yield his body to the Sheriff and plead what time the traverse ought to be tried.   

Resolution.  
It ought to be tried presently if the time we will permit, otherwise as soon as possibly can be.    


14. Quest.  
When a Recusant is convicted, and he imbeazeleth his goods before the commission be sent forth; or before it be set upon to inquire of his goods, what course may be taken to prevent it?   

Resolution.  
To prevent this, the Sheriff shall do well by himself or his Bailiff to put the owners out of possession to seize the goods of keeping them safely, and inquire of them after.    


15. Quest.  
If a married woman be convicted and her husband die, whether she be not liable to all the arrearages from the conviction.   

Resolution  
She is liable to the whole arrearages if her husband, did not pay any part of the penalty for her during the coverture.    


16. Quest.  
Whether if she after become covert and marry again, the second husband be not liable to the payment of all the arrearages, and his own goods liable thereunto?   

Resolution.  
If her estate be not seized before her second husband's marriage, the second husband is liable to pay all the arrearages of 20. pound the month before his second marriage.    


17. Quest.  
If a Recusant sell, give, or devise Lands, whether the Conformity of Heir shall priviledhe the Lands of any?   

Resolution.  
The words of the Statute extend only to the Heir, and the purchaser is not discharged unless he pay all the Arrearages.    


18. Quest.  
Whether a feme Covert convicted which by the Statute of 17. 1. ●obi is to be committed without Bail, unless her husband pay 20. l. a month may by warrant be taken out of her house and carried to prison, or what course is to be taken for her commitment?   

Resol.  
She may be taken out of her house, and if the Sheriff or other officer knock at the door, it being shut, and they will not open it, they may break it open.    

The Papists that are lurking in this Commonwealth can never be too much discovered, for as they walk in the mists of ignorance, so likewise they are always contriving some secret dark plots, Hell and they conspire to plant again their superstition, or else they cherish a hope by engaging this Kingdom into a civil war, to reduce a Monarchy into an Antipathy against the Protestant Religion, their plots are sufficient witnesses of their intentions continued since eighty eight, and now breaking forth into many places, especially inthe Northern parts. Murder and bloody designs against the Protestants are Canonised by them as meritorious Acts. It behoves therefore all well affected persons not only to know their persons, and to discover their abiding, but also to be informed how and in what manner they may by legal proceed attach and bring them to deserved punishment, which by these questions propounded from the high Court of Parliament, and resolved by the judges may evidently appear, as being grounded upon Law and giving satisfaction in several cases against Popish Recusants, and necessary to inform the judgement of all well affected persons in such points.    
FINIS.