66 + And it is further enacted by 30 Car. 2. st. 2. s. 5, 6. “That on pain of being every peer of this realm and member of the House of Peers, disabled, &c. " and every peer of Scotland or Ireland, being of the age of one " and twenty years or upwards, not having taken the said oaths, "and made and subscribed the declaration; and every member "of the House of Commons, not having taken the oaths and "subscribed the declaration; and every popish recusant convict, "who shall come advisedly into, or remain in the presence of the "king and queen, or shall come into the court or house where they, or any of them, reside, shall be disabled to hold or exe"cute any office or place of trust, civil or military, or to sue in "law or equity, or to be an executor, &c., or capable of any legacy or deed of gift, and shall foreit for every wilful offence "five hundred pounds, unless such person do, within the term next after such his coming or remaining, take the oaths of allegiance and supremacy, and make the declaration against transubstantiation and the invocation of saints, &c. in the court of Chancery." 66 66 66 66 have taken the der the statute + But by 31 Geo. 3. c. 32. s. 20. it is enacted, "That no But no Catholic 66 peer of Great Britain or Ireland, or member of the House of peer who shall "Peers of Great Britain, or of the kingdom of Ireland, profess- ap appointed oath "ing the Roman Catholic religion, who shall take and subscribe shall be liable to "the oath of allegiance, abjuration and declaration, hereinbefore prosecution unappointed to be taken and subscribed, shall be liable to be 30 Car. 2. st. 2. prosecuted for such offence in the said act 30 Car. 2. st. 2. or s. 5. "be liable to any of the pains, penalties, forfeitures and disabili"ties, for breach of the provision in the said clause contained, or "be otherwise deemed to fall within, or be affected by, any part "of the said provision." 66 convicts rehaving any gunpowder and mu strained from Sect. 17. As to the THIRD of the above-mentioned restraints, Popish recusant viz. that which relates to the keeping of arms, it is enacted by 3 Jac. 1. c. 5. s. 27, 28, 29. "That all such armour, gunpowder, and munition, of whatsoever kinds, as any popish recusant con"vict shall have in his own house or elsewhere, or in the posses"sion of any other at his disposition, shall be taken from him by "warrant of four justices of peace at their general or quarter sessions (except such necessary weapons as shall be allowed "him by the said four justices for the defence of his person or "house); and that the said armour, &c. so taken, shall be kept at "the cost of such recusant, in such place as the said four justices, "at their said sessions, shall appoint; and that if any such re"cusant having such armour, &c., or if any other person who "shall have any such armour, &c. to the use of such recusant, "shall refuse to discover to the said justices, or any of them, "what armour he hath, or shall let or hinder the delivery thereof "to any of the said justices, or to any other person authorised by "their warrant to take the same, that then every person so offending shall forfeit his said armour, &c., and also be impri"soned for three months without bail, by warrant from any jus"tices of peace of such county." And it is further enacted, "That notwithstanding the taking away such armour, &c. yet "such recusant shall be charged with the maintaining of the same, and with the providing of a horse, &c. in such sort as 66 "others nition in their custody. Popish recusant convicts restrained from living within ten miles of Lon don, except qualified under the statute 31 Geo. 3. c. 32. (a) See ante, p. 385. Female popish recusant convict, who shall not conform within twelve months before the death of her husband, shall forfeit two thirds of her jointure. But see the 31 Geo. 3. c. 32. page 386. Popish recusant convict, who the sacrament, "others of his majesty's subjects." Also it is further enacted by 1 Will. and Mary, c. 15. "That no reputed papist, refusing to "make the said declaration against popery, mentioned in 30 Čar. "shall keep arms," as it is set forth more at large in the section " Of not making a Declaration against Popery." Sect. 18. As to the FOURTH of the above-mentioned restraints, viz. that which relates to the coming within ten miles of London, it is enacted by 3 Jac. 1. c. 5. s. 4, 5. " That no popish recusant, "&c. shall remain within the compass of ten miles of London, "under pain of one hundred pounds, except such persons as, at the time of the said act, did use some trade, mystery, or manual "occupation, in London, &c., and such as shall have their only dwelling in London, &c." Also reputed papists refusing to make the declaration mentioned in the precedent sections, are to be removed from London, &c. by force of 1 Will. and Mary, c. 9. 66 + But by 31 Geo. 3. c. 32. s. 19. this last-mentioned act shall not extend to any person professing the Roman Catholic religion, who shall take and subscribe the oath of allegiance, abjuration and declaration, therein appointed (a) to be taken and subscribed. Sect. 19. As to the FIRST of the above-mentioned forfeitures, viz. that of two parts of a jointure or dower, it is enacted by 3 Jac. 1. c. 5. s. 10. That every married woman, being a popish recusant convict, (her husband not standing convicted of "popish recusancy,) who shall not conform herself, and remain conformed, but shall forbear to repair to some church, or usual place of common prayer, and there to hear divine service and sermon, if any then be, and receive the sacrament of the Lord's Supper, according to the laws of this realm, within one year "next before the death of her said husband, shall forfeit to the king the profits of two parts of her jointure and dower of any "hereditaments of her said husband, &c." 66 “ Sect. 20. As to the SECOND of the above-mentioned forfeitures, viz. that of twenty pounds, &c. for not receiving the sacrashall not receive ment yearly after conformity, it is enacted by 3 Jac. 1. c. 4. s. 2, &c. forfeits £20. 3. That if any popish recusant convict, who hath conformed "himself to the church, &c., shall not receive the sacrament in his "own parish church, &c. within one year after his conformity, he "shall forfeit twenty pounds, and for the second year forty pounds, and for every year after, sixty pounds, &c." Popish recusant married other to the Church of 66 Sect. 21. As to the THIRD of the above-mentioned forfeitures, viz. that of one hundred pounds for an unlawful marriage, it is than according enacted by 3 Jac. 1. c. 5. s. 13. "That every popish recusant convict, who shall be married to a woman who is no inheritrix "otherwise than according to the Church of England, shall for"feit one hundred pounds." England, for feits £100. Popish recusant forfeits £100 for unlawful baptism. Sect. 22. As to the FOURTH of the above-mentioned forfeitures, viz. that of one hundred pounds for the omission of a lawful baptism, it is enacted by 3 Jac. 1. c. 5. s. 14. "That every popish recusant who shall not cause his or her child to be bap"tized, within one month after its birth, by a lawful minister, &c. "shall forfeit one hundred pounds, &c." 66 Sect. unlawful burial. Sect. 23. As to the FIFTH of the above-mentioned forfeitures, Popish recusant viz. that of twenty pounds for an unlawful burial, it is enacted by forfeits £20 for 3 Jac. 1. c. 5. s. 15. "That if any popish recusant, not being ex"communicate, shall be buried in any other place than in the "church or churchyard, or not according to the ecclesiastical "laws of this realm, the executors, &c. of such recusant, knowing the same, or the party that causeth him to be so buried, "shall forfeit twenty pounds, &c." 66 recusant con Sect. 24. As to the inconvenience to which all such offenders Justices of the are liable, viz. that of having their houses searched for reliques, peace and ma"gistrates may &c. it is enacted by 3 Jac. 1. c. 5. s. 26. That any two jus- search the "tices of peace, and all mayors, bailiffs, and chief officers of houses of popish "cities and towns corporate, in their respective jurisdictions, may victs for re"search the house and lodgings of every popish recusant convict liques. "for popish books and reliques; and that if any altar, pix, beads, pictures, or such like popish relique, or any popish book, be "found in the custody of such person, as, in the opinion of the "said justices, &c. shall be unmeet for him or her to have or use, "it shall be defaced and burnt, if it be meet to be burnt; and if "it be a crucifix, or other relique of any price, the same shall be "defaced at the general quarter-sessions in the county where it "shall be found, and then restored to the owner." 66 ed of recusancy her husband Sect. 25. As to the inconvenience to which such offenders, If a married being femes covert, are liable, viz. that of being committed, it is woman convict enacted by 7 Jac. 1. c. 6. s. 28. “That if any married woman, shall not con"being a popish recusant convict, shall not, within three months form within "after her conviction, conform herself, and repair to church and three months, "receive the sacrament, &c., she may be committed to prison by shall pay £10 a "one of the privy council, or by the bishop if she be a baroness, month. " or if under that degree by two justices of peace, whereof one "to be of the quorum, there to remain till she perform, &c., un"less the husband will pay to the king ten pounds a month for "her offence, or else the third part of all his lands, &c., at the "choice of the husband, &c." harbouring re 3. c. 32. II. How far such recusants make others liable to be punished. Sect. 26. It is to be observed that the husband of a popish re- Popish recusant cusant convict is not only liable to the forfeiture of ten pounds a convict may be month for the absence of any of his servants from church, by punished for force of 1 Jac. 1. which is set forth more at large in the foregoing cusants, unless section, but is also "utterly disabled," by the ninth paragraph of he be qualified the said statute," to exercise any public office or charge in the under 31 Geo. "commonwealth by himself, or by his deputy, (except such hus"band himself, and his children, which shall be above the age of "nine years, abiding with him, and his servants in the household, shall once every month at least, not having any reason"able excuse to the contrary, repair to some church or chapel "usual for divine service, and there hear divine service; and the "said husband, and such his children and servants as are of meet 66 age, receive the sacrament of the Lord's Supper at such times "as are limited by the laws of this realm, and do bring up his "said children in the true religion)." 66 Sect. The house of a papist may be searched for books. But no person qualified under 31 Geo. 3. c. 32. shall be liable for harbouring Roman Catho lics; or be prose Sect. 27. Also it is further enacted by the said statute of 3 Jac. 1. c. 5. s. 26. “That the house of one whose wife is a "popish recusant convict may be searched by any two justices of peace, &c. for popish books, &c." Sect. 28. But now it is enacted by the 31 Geo. 3. c. 32. That no person professing the Roman Catholic religion, who shall take and subscribe the oath before-mentioned, shall be "convicted or prosecuted upon any of the statutes for keeping or having any servant, or other person, being a papist, or reputed "papist, or person professing the popish religion, who shall not so "resort or repair to his or her parish church or chapel, or some "such other usual place of common prayer." 66 + Sect. 29. And by the said statute, 31 Geo. 3. c. 32. s. 4." No cuted on any of " person who shall take and subscribe the oath therein appointed the foregoing "to be taken and subscribed, shall be presented, indicted, sued, statutes for being a papist, or "impeached, prosecuted, or convicted, in any civil or ecclesiastical reputed papist; "court of this realm, for being a papist, or a reputed papist." or for not re sorting to church to hear service accord gy of the + Sect. 30. And by the said statute, 31 Geo. 3. c. 32. s. 3. " No person professing the Roman Catholic religion, who shall take "and subscribe the said oath, as before-mentioned, (a) shall be ing to the Litur-"convicted or prosecuted upon, or liable to be prosecuted upon, any of the before-mentioned statutes; or upon any other staChurch of Eng-tute, by indictment, information, action of debt, or otherwise; (a) Ante, p. 386." or in any ecclesiastical court, for not resorting to his or her parish church, or some other usual place of common prayer, to "hear divine service according to the rites of the Church of Eng"land." land. No person shall say mass. Dyer, 203. 4 Comm. 56. 87.115. 66 Of saying or hearing Mass. As to the offence of saying or hearing mass, it is enacted by 23 Eliz. c. 1. s. 4. "That every person who shall say or sing mass, being thereof lawfully convict, shall forfeit two hundred "marks, and be committed to prison in the next gaol, there to remain by the space of one year, and from thenceforth till he 3 Jac. 1. ch. 5. have paid the sum of two hundred marks; and that every person who shall willingly hear mass, shall forfeit the sum of one "hundred marks, and suffer a year's imprisonment." 2 Show. 216. Except in the house of a foreign minister; or except such person shall have taken the Sect. 2. And it is enacted by 11 and 12 Will. 3. c. 4. s. 2, 3, 4, That every person who shall apprehend any popish bishop, "priest, or jesuit, and prosecute him to conviction, for saying mass, or exercising any other part of the function of a popish bishop or priest, shall receive one hundred pounds of the "sheriff; and that every such popish bishop, &c. (except, being a foreigner, he be entered in the secretary's office, and officiate "only in the house of a foreign minister) shall be adjudged to per"petual imprisonment." 66 66 66 + Sect. 3. But by 18 Geo. 3. c. 60. it is enacted, "That the above-mentioned clauses of 11 and 12 Will. 3. are repealed," oath required provided, by s. 5. " that such popish bishop, priest, jesuit, or schoolmaster, shall have taken and subscribed the oath (in the "words as recited in the said statute of Geo. 3.) before he shall "have been apprehended, or any prosecution commenced against "him." by 18 Geo. 3. c. 60. + Sect. 66 taken the oath cuted on the + Sect. 4. And by 31 Geo. 3. c. 32. s. 4. it is enacted, "That And no person "no person who shall take and subscribe the oath herein-before who shall have appointed to be taken and subscribed, in manner hereby re-appointed by quired, shall be presented, indicted, sued, impeached, prose- 31 Geo. S. c. 32. cuted, or convicted, in any civil or ecclesiastical court of this shall be prose"realm, for being a papist, or reputed papist, or for professing or above statutes "being educated in the popish religion, or for hearing or saying for either hear mass, or for being a priest or deacon, or entering or belonging ing or saying "to any ecclesiastical order or community of the Church of "Rome, or for being present at, or performing or observing any "rite, ceremony, practice, or observance of the popish religion, "or maintaining or assisting others therein." 66 66 66 mass. to the quarter any ecclesiasti + Sect. 5. By 31 Geo. 3. c. 32. s. 5. " Provided always, that But no assem"no place of congregation, or assembly for religious worship, bly for religions "shall be permitted or allowed by this act, until the place of such allowed under Imeeting shall be certified to the justices of the peace, at the this act till it general or quarter-sessions of the peace for the county, city, or shall be certified place in which such meeting shall be held, and until the place sessions, &c. "of such meeting shall be recorded at the said general or quarter-sessions; the clerk of the peace whereof is hereby required "to record the same, and to give a certificate thereof to such per"son as shall demand the same, for which there shall be no greater fee or reward taken than the sum of six-pence; and that nor shall any "no person in holy orders, or pretended holy orders, whether as person perform priest, or as a minister of any other higher rank or order, shall cal function "perform any ecclesiastical function, or otherwise officiate in any therein until his "such place of meeting, until his name, and his description, as a name, &c. be recorded by the "priest or minister, shall have been recorded at the quarter or clerk of the "other general-session of the peace for the county, or other divi- peace. "sion or place, in which such place of meeting shall be situate, "by the clerk of the peace of the said court; who is hereby required to record such name and description accordingly, upon "demand by such person, and upon payment of six-pence as a "fee or reward, and shall give a certificate thereof to such per"son as shall from time to time demand the same, for which certificate no greater fee or reward shall be taken than two shillings; and no priest or minister of any rank, in holy orders, "or pretended holy orders, who shall officiate in any such place "of meeting, not so recorded as aforesaid, shall be deemed to be "within the benefit of this act, for any purpose whatsoever." 66 + Sect. 6. By 31 Geo. 3. c. 32. s. 6. "Provided, that if any No such place "assembly of persons professing the Roman Catholic religion of assembly to be locked during "shall be had in any place for religious worship with the doors the meeting. "locked, barred, or bolted, during any time of such meeting to"gether, all and every person and persons who shall come to, or "be at, such meeting, shall not receive any benefit from this "law, but, notwithstanding having taken the aforesaid oath of allegiance, abjuration, and declaration, shall, from the time of "conviction, be liable to the same pains and penalties for such their meeting, as if this act had not been made." Sect. 7. By 31 Geo. 3. c. 32. s. 9. "Provided always, that "all the laws made and provided for the frequenting of divine "service on the Lord's day, commonly called Sunday, shall Laws for frequenting of divine service to continue in "still force. be |