RECUSANTS are persons who refuse or neglect to attend divine service on Sundays and holidays, according to the forms of the Established church.
There were four classes of offenders under the statutes against recusancy :— those who absented themselves from the public service of the church from indif ference, irreligion, or dissent, were termed " recusants " simply—after conviction they were styled " recusants convict ;" those absentees who professed the Roman Catholic religion were called " Popish recusants ;" and those who had been con victed in a court of law of being Popish recusants were called " Popish recusants convict." Popish recusants, in addition to the general penalties enacted against recu sants, were disabled from taking lands, either by descent or by purchase, after eighteen years of age, until they re nounced their errors. They were bound at the age of twenty-one to register the estates which they had already acquired, and were bound also to register all future conveyances and wills relating to them. They were and are incapable of present ing to any advowson, and of making a grant of the right of presenting at any avoidance of the benefice. They could not keep or teach any school, on pain of perpetual imprisonment. For the offence of saying mass, the Popish recusant for feited 200 marks, or 139/. 6s. 8d. For the offence of wilfully hearing mass, he forfeited 100 marks (661. 13s. 4d.), and
was in each case subjected to a year's im prisonment.
Popish recusants convict incurred ad ditional disabilities, penalties, and for feitures. They were considered as per sons excommunicated : they could not hold any public office or employment ; they were not allowed to keep arms in their houses; they were prohibited from coming within ten miles of London, un der the penalty of 100/. ; they could bring no action at law or suit in equity ; they were not permitted to come to court, under pain of 1001., or to travel above five miles from home except by licence, upon pain of forfeiting all their goods. Severe penalties were imposed iu respect of the marriage or burial of the Popish recusant convict, or the baptism of his child, if the ceremony was performed by any other than by a minister of the Church of England. Such a recusant, if a married woman, forfeited two-thirds of her dower or jointure, was disabled from being executrix or administratrix of her husband, and from having any part of his goods, and she might be kept in prison, unless her husband redeemed her at the rate of 10/. per month, or by the profits of the third part of all his lands. The present state of the law as to recusants is given under LAW, CRIMINAL, p. 217.