of any law for fuch offences if he be an offender, but alfo fhall have the third part of the forfeiture, fo as the total exceed not 150l.; and if it do exceed 1501. he shall have the fum of 501. for every such discovery; and after conviction of the offender, he fhall have a certificate from the judges or juftices of the peace before whom the conviction fhall happen, to be directed to the sheriff or other officer who shall seize the goods or levy the forfeiture, commanding him to pay the fame out of the monies to be levied by virtue of the faid forfeitures. . 1.

[But by 31 G. 3. c. 32. /. 4. No person who shall take and fubfcribe the oath therein before appointed to be taken and fubfcribed in manner thereby required, fhall be presented, indicted, fued, impeached, profecuted, or convicted in any civil or ecclefiaftical court of this realm, for hearing or faying mafs, or for being present at, or performing or obferving any rite, ceremony, practice or obfervance of the popifh religion, or maintaining or affifting others therein.

But the place of meeting and the deportment of the ecclefiaftick muft be conformable to the regulations of the act, for which fee infra XLVI].

XI. Frequenting conventicles.

By the 1 W. c. 18. commonly called the act of toleration, Every justice of the peace may require any perfon that goes to any meeting for the exercise of religion, to make and subscribe the declaration of the 30 C. 2. against popery, and also to take the oaths of allegiance and fupremacy (or the declaration of fidelity in cafe he fcruples to take an oath); and upon refusal thereof, shall commit him to prifon without bail, and fhall certify the name of such person to the next feffions; and if he shall upon a second tender at the feffions refufe to make and fubfcribe the declaration aforefaid, he shall be then and there recorded, and fhall be taken thenceforth for a popish recufant convict and fuffer accordingly.

And there is a claufe in the faid act, that nothing in that act contained shall give any cafe benefit or advantage, to any papift or popifh recufant whatsoever.

[But by the 31 G. 3. /. 4. No perfon conforming to it in the manner above ftated, fhall be profecuted for being a papift, or reputed papift, or for profeffing, or being educated in the popish religion, or performing any rite or ceremony thereof under certain regulations; for which fee infra XLVI.]

XII. Foreign

XII. Foreign education of papists.

1. By the 1 Ja. c. 4. Every perfon who shall pass or go, or thall fend any child or any other perfon under his government, into any the parts beyond the feas, out of the king's obedience, to the intent to enter into or be refident in any college feminary or house of jefuits priests or any other popifh order profeffion or calling, or repair to any the fame, to be inftructed perfuaded or ftrengthened in the popish religion, or in any fort to profefs the fame; every fuch perfon fo fending any child or other perfon beyond the feas to any fuch purpose, fhall forfeit to the king 100l.; and every fuch perfon fo paffing or being fent, thall in refpect of himself only and not of his heirs or pofterity, be difabled to inherit purchase take have or enjoy any lands profits goods d. bts duties legacies or fums of money within this realm, and all eftates and intereft in truft for him fhall be void. J. 6.

But if such person or child fo paffing or fent fhall after become conformable and obedient to the laws of the church, and shall repair to church, and continue in fuch conformity; he fhall during fuch time as he fhall fo continue, be discharged of every fuch difability and incapacity. S. 7.

And by the fame act, No woman, nor any child under the age of twenty-one years (except failors or ship boys, or the apprentice or factor of a merchant) fhall be permitted to pafs over the feas (except by licence of the king, or of fix or more of the privy council under their hands); on pain that the officer of the port, that fhall willingly or negligently fuffer any fuch to pafs, or shall not enter the names of fuch paffengers licensed, thall forfeit his office and his goods; and on pain that the owner of the fhip that fhall wittingly or willingly carry any fuch over fea without fuch licence, fhall forfeit the ship and tackle; and every mafter or mariner of or in any veffel offending as aforefaid, fhall forfeit his goods, and be imprifoned for twelve months. f. 8.

The one half of all which forfeitures shall be to the king, and half to him that will fue. f. 9.

2. And by the 37. c. 5. If the children of any subject within this realm (the faid children not being foldiers mariners merchants or their apprentices or factors) to prevent their good education in England, or for any other caufe, fhall be fent or go beyond teas, without li

K 3

cence

cence of the king, or of fix of the privy council (whereof the principal fecretary to be one) under their hands and feals: every fuch child fhall take no benefit by any gift conveyance descent devife or otherwife of any lands leafes or goods, until he being of the age of eighteen years take the oaths of allegiance and fupremacy before a juftice of the peace where the parent fhall inhabit; and in the mean time the next of kin, who shall be no popish recufant, fhall enjoy the fame until he fhall conform himself. and take the faid oaths and receive the facrament: And after fuch oaths taken and conforming and receiving the facrament, he who received the profits fhall make account thereof, and in reasonable time make payment thereof, and reftore the value of fuch goods.. 16.

And all fuch perfons as fhall fo fend fuch child or children over feas, fhall forfeit 1001. (to him who shall difcover and convict the offender.. 11 & 12 W. c. 4. S. 6.) f. 16.

3. And by the 3 C. c. 2. If any perfon fhall pass or go, or fhall convey or fend, or caufe to be fent or conveyed any child or other perfon into any parts beyond the feas out of the king's obedience, to the intent and purpofe to enter into or be refident or trained up in any priory, abbey, nunnery, popish univerfity, college or fchool, or houfe of jefuits, priefts, or in any private po pifh family, and fhall be there by any jefuit, feminary, prieft, frier, monk, or other popifh perfon inftructed perfuaded or ftrengthened in the popish religion; in any fort to profefs the fame; or fhall convey or fend, or caufe to be conveyed or fent any fum of money or other thing, for the maintenance of any child or other perfon gone or fent and trained and inftructed as is aforefaid, or under colour of any charity benevolence or alms towards the relief of any priory abbey or nunnery college fchool or any religious houfe; every perfon fo fending conveying or caufing to be fent and conveyed as well any fuch child or other perfon, as any fum of money or other thing, and every perfon being fent beyond the feas, fhall be disabled to fue or use any action bill plaint or information in course of law, or to profecute any fuit in any court of equity, or to be committed of any ward, or executor or adminiftrator to any perfon, or capable of any legacy or deed of gift, or to bear any office; and fhall forfeit his goods, and shall forfeit his lands during life. f. 1.

The faid offences to be inquired of heard and deterined in the king's bench, or at the affizes of fuch

counties

Counties where the offenders did laft dwell or abide, or whence they departed out of the realm, or where they were taken. f. 3.

Provided, that no perfon fo fent or conveyed, that fhall within fix months after his return conform himfelf to the established religion and receive the facrament according to the ftatutes made concerning the con formity from popifh recufants, fhall incur any the faid penalties. /.2.

And if at any time after the faid fix months he fall fo conform himfelf, he fhall have his lands reftored, during the time that he fhall fo continue in fuch conformity. f. 4. 1.4.

XIII. Popifb children of proteftants.

If any perfon not bred up by his parents from his infancy in the popifh religion, and profeffing himself to be a popifh recufant, fhall breed up inftruct or educate his child or children, or fuffer them to be inftructed or edu cated in the popifh religion, he fhall be difabled of bearing any office or place of truft or profit, in church or ftate: And all fuch children as fhall be fo brought up inftructed or educated, fhall be difabled of bear. ing any fuch office or place of truft or profit until they be perfectly reconciled and converted to the church of England, and fhall take the oaths of allegiance and fupremacy before the juftices of the peace at the quarter feffions of the place where they shall inhabit, and thereupon receive the facrament of the Lord's fupper, and ob tain a certificate thereof, under the hands of two of the faid juftices. 25 C. 2. c. 2. f. 8. [And by the 31 G. 3.

32., though popifh fchools are permitted under certain regulations, (for which fee Schools, 4.) no schoolmafter profeffing the Roman catholick religion fhall receive into his fchool for education the child of any proteftant father. .25.]

XIV. Popifh children of papifts.

If any popish parent, in order to compel his proteftant child to change his children, fhall refuse to allow him a fitting maintenance, fuitable to the degree and ability of fuch parent, and to the age and education of fuch child; then upon complaint thereof to the lord chancellor, he fhall make order therein. 11 & 12 W. c. 4. S. 7. [And the court of chancery will alfo fuperintend the education of fuch proteftant child, and impofe reftrictions on the accefs and correspondence of his parents. Blake v. Leigh, Amb. 306.] XV. Pan

K 4

XV. Papifts not repairing to church.

1. By the 1 El. c. 2. I All perfons fhall diligently and faithfully, having no lawful or reasonable excufe to be abfent, endeavour themselves to refort to their parish church or chapel accuftomed, or upon reasonable let thereof to fome ufual place where common prayer and fuch fervice of God fhall be ufed in fuch time of let, upon every Sunday and other days ordained and used to be kept as holydays, and then and there to abide orderly and foberly during the time of common prayer, preaching or other service of God there to be used and miniftered; on pain of punishment by the cenfures of the church, and alfo upon pain that every perfon fo offending fhall forfeit for every fuch offence 12 d.; to be levied by the churchwardens of the parifh where fuch offence shall be done, to the ufe of the poor of the fame parish, of the goods lands and tenements of fuch offender, by way of diftrefs. f. 14,

And all archbishops bishops and all other their officers exercising ecclefiaftical jurisdiction, as well in places exempt as not exempt, within their diocefe, fhall have power to reform correct and punish by cenfures of the church all offenders within any their jurifdiction or diacese. J. 16.

And the juftices of affize may inquire of hear and determine the fame. f. 17.

And the archbishop or bishop may at his liberty and pleasure associate himself to the justice of affize, for the inquiring of hearing and determining the fame. . 18.

But no perfon fhall be molefted for the faid offence un lefs he be thereof indicted at the next affize. S. 20.

And the mayor of London and all other mayors bailiffs and other head officers of cities boroughs and towns corporate to which the juftices of affize do not commonly re pair, shall have power to inquire of hear and determine the fame yearly within fifteen days after Eafter and Michaelmas, in like manner as the justices of affize may do. f. 22.

And all archbishops and bishops, and every of their chancellors, commiffaries, archdeacons, and other ordiparies, having any peculiar ecclefiaftical jurifdiction, fhall have power as well to inquire in their vifitation fynods; and elsewhere within their jurifdiction, at any other time and place, to take accufations and informations of the faid offences committed within the limits of their juris diction, and to punish the fame by admonition excom

munication