sue, or prosecute in law or equity for any wrong or any demand, or to be guardian or executor, to take any thing by legacy, deed, or gift, or to bear any office, with forfeiture of goods and chattles, land tenements, hereditaments, annuities, offices, and estates of freehold during life. And a single justice upon suspicion might summon and examine the persons suspected, to have evidence against themselves, and summon witnesses to answer upon oath; and if the offence seemed probable, bind the suspected party to the sessions, and there he was bound to answer instantly; and should the offence upon trial appear probable, then the offender is bound to prove where the child was, for what the money was sent, and the fact is to be presumed unlawful, till the suspected party prove the negative; and being entered on record shall be a conviction, not only of the supposed sender of the child, but of the absent child; and the infant convict shall incur the like disabilities : and of these forfeitures the booty is to be divided between the king and the pious informer.

There is indeed a proviso that the infant upon his return or twelve months after coming of age, may by prayer or motion in open court, obtain a trial; but upon that trial he must prove negatively that he was not sent contrary to the act, or it shall be taken for granted against him as if it had been fully proved. And if he should do so, still he shall lose his goods and chattles, and all the profits of his lands prior to his conviction, and the rest be restored only upon condition of swearing certain constrained oaths, and making forced metaphysical declarations of belief in open court.

N. B. To avoid future repetitions it may be here briefly stated, that the oaths, and declarations generally intended throughout, are those of allegiance, abhorrence, abjuration, and against transubstantiation.

2 Ann. s. 1. c. 6. Sending or suffering to be sent a child under 21, except sailors, ship boys, merchants apprentices, or factors, without special license of the queen or chief governor and four privy counsel. lors, like penalties.

A judge or two justices suspecting any child to be so sent may convene father, mother, relation or guardian, require them to produce the child within two mouths, and unless they prove it to be in England or Scotland, it is to be convicted as one educated in foreigo parts, and suffer accordingly.

8 Ann c. 3. Protestants converted from popery must educate their children under fourteen, in the established religion or forfeit all offi

ces of trust or profit, and be disabled from sitting in either house of parliament, or being barrister or attorney, and be for ever disqualified.

2 Ann. s. 1. c. 6. Where either father or mother is a protestant, the chancellor is to make an order for educating the child a protestant till eighteen, appointing where it shall be educated and how, and also by whom; the father to pay all the charges directed by the court: and the child may be taken away from the popish parent.

7 W. 3. s. 1. c. 4. Papists are forbid to instruct youth in any public school, and even in private houses, unless those of the family, under pain of fine and imprisonment.

8 Ann. c. 3. 16. A papist teaching publicly or privately, or entertained as an usher to a protestant schoolmaster, to be esteemed a popish regular clergyman convict, and suffer all the pains inflicted upon such, that is, 1st. to be imprisoned in the common goal; 2d. to be transported; 3d. if he return to his friends and native land, to suffer as a traitor: the following is his judgment.

1st. To be dragged along the ground to the place of execution; 2d. to be hanged by the neck; 3d. to have his entrails taken out and burned while he is yet alive; 4th. his head to be cut off; 5th. that his body be quartered or divided into four parts; 6th. that his head and quarters be at the pleasure of the Queen.

The legal consequences of this judgment are, attainder, corruption of blood, annihilation of all inheritable powers, from his ancestors and

to his heirs.

Any person entertaining such teachers to forfeit 10l. to be distributed in equal shares between the king and the informer.

Any person discovering such teacher, to have £10, levied like money for robberies, all upon the papists.

All persons of sixteen years of age may be summoned and forced to become informers upon oath, touching the being and residence of such teachers, on pain of £20, or twelve months imprisonment.

A protestant permitting a child under fourteen to be educated a papist, to suffer as a papist.

MARRIAGE.

9. W. 3. c. 28. If a protestant maid being heir apparent, or having interest in lands, or a personal estate of £500, marry any man without a certificate from a minister, bishop, and justice, attested by two creditable witnesses that he is a known protestant, the estate shall go to the next of kin, and all popish intervening heirs deemed dead and in

testate, and the protestant maid to be dead in law and husband and wife to be for ever disabled from being guardian, executor, &c.; and the person who married them to be imprisoned a year and forfeit £10, half to the king, and half to the informer who will sue by bill or suit, and no essoign shall be allowed.

6. Ann. c. 16. If a woman persuade an heir apparent to marry her, by secret delusions, insinuations or menaces, she loses thirds dower, and all real and personal estate; and all accessaries before the fact, to suffer three years imprisonment.

Ib. §. 2. If any protestant shall marry any maiden or woman without such certificate, he is for ever disabled from being heir, executor, administrator, guardian, &c. or to sit in parliament, or bear any employment, civil or military, unless he procures her to be converted in one year, and a certificate thereof under hand and seal of the archbishop, bishop, or chancellor to be enrolled in chancery.

2 Ann. s. 1. c. 6. Any person having real or personal estate in the kingdom who marries a papist abroad-like disabilities and penalties as if he married within the kingdom.

9 W. 3. c. 28. Whoever marries a soldier to any uncertified wife, to be imprisoned till he pay £20, half of which is to reward the informer.

6 Ann. c. 16. § 1. 3. 6. If any person above the age of fourteen, by fraud, flattery, or fair promises, shall allure any maid or widow, having substance to mary him without consent of parents or guardian, and the person who celebrates the marriage be a popish priest; or if a popish priest celebrate any marriage knowing one party to be a protestant; he shall be deemed, and suffer all the pains, of a popish regular-be imprisoned, transported, and on returning be drawn, hanged, quartered, beheaded, embowelled, entrails burned alive, head and quarters given to the queen, and attainted and blood-corrupted.

8 Ann. c. 3. The knowledge of the fact is to be presumed against the priest, and he to be convicted, unless he produce a certificate from the protestant parish minister that neither were protestants.

12 Geo. 1. c. 3. §1. A popish, or reputed popish priest, celebrating marriage between a protestant or reputed protestant and a papist, or between two protestants or reputed protestants-death, as a felon, without benefit of clergy.

N. B. 19 Geo. 2. c. 13. annuls such marriages without process, judgment, or sentence.

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23 Geo. 2. e. 10, §3, makes it felony in the priest, notwithstanding the marriage be annulled.

§ 1. And any two justices may summon all persons suspected to have been so married, or to have been present, and examine them on oath, where, by whom, with what form and ceremony such marriage was celebrated, and who were present; and upon neglect to appear or refusal to become informer against their friends, commit them to prison for three years without bail or mainprize, unless they will enter into recognizance to prosecute all the offenders.

7. G. 2. §. 6. A converted justice acting while his wife is a papist, or his children educated as such, to be imprisoned one year, pay £100 half to the king, half to the informer, and be for ever disabled to be executor or guardian.

7. G. 2. c. 5. §. 12. Barristers, six clerks, and attorneys, disabled unless they convert their wife in a year, and enrol a certificate thereof in chancery.

8. Ann. c. 3. A wife conforming in the life-time of her husband, may file a bill against him, and have all appointments or execution of powers, as he might make in her favour, if he were willing, decreed whether he will or not, and notwithstanding any disposition of his to the contrary, have one third of his chattles real and personal.

RELIGION CLERGY.

7. 9. W. 3. S. 1. c. 26. §. 1. vicars general, deans, regular popish clergy, exercising any ecclesiastical jurisdiction, to leave the kingdom in three months, or be transported, wherever the chief governor shall think fit. And if he return, be dragged and hanged, quartered and beheaded, blood corrupted and attainted, entrails burned alive, and head and quarters at the king's disposal, to be piked or gibbeted, as was most for his royal pleasure and the honour of God, and forfeit all as in case of high treason.

All Popish Archbishops, bishops,

§. 3. No such shall come into the kingdom, under pain of twelve months imprisonment, transportation, and in case of return, the same pains of high treason, hanging, dragging, emboweling, &c.

2. Ann. c. 3. §. 1. Extends these pains to every clergyman of the popish religion, secular as well as regular; and for their easier conviction, gives a trial in any county at the option of the queen.

7. & 9. W. 3. Above cited, enacts, that all such archbishops, &c.

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shall repair to the city of Dublin Cork, Kingsale. Youghall, Waterford, Wexford, Gallway or Carrickfurgus, and there remain till there be conveniency for transporting them, and give in their names to the mayor or chief magistrate, who shall give their best assistance in transporting them.

Ib. §. 4. Concealing any person so ordered to leave the kingdom," or forbid to enter it, to forfeit for the first offence £20, for the second, £40, and for the third, lands, and goods, half of the goods to the king and half to the informer, provided, that the informer's share shall not exceed £100, however more the king's may be, the surplusage shall remain to the king; and shall be recoverable in any of his courts of record.

Ib. §. 3. The fines of £10 and £40, to be levied by a single justice, who has power to summon parties and witnesses, and to convict and commit to prison in default of payment.

Ib. § 8. 9, 10. Justices are commanded to issue their warrants from time to time, for apprehending and committing archbishops, bishops, &c. remaining in the kingdom, and give an acconnt in writing of their proceedings on pain of £100 to the king and the informer.

8. Ann. c. 3. §. 33. Clergy, schoolmasters, and other Papists, ordered for transportation, are to be sent to the common goal of the next sea port, to remain there till transported, and if any merchant or ship-master refuse to receive their bodies, not exceeding five in one ship, the collector not to discharge the ship on pain of £30. The collector to allow 51. for transporting them to the West Indies, and 31. to any part of Europe. And by § 3. and 4. if any of them be found

out of the custody of the master or merchant so receiving him, he is to suffer as in case of a popish regular, &c. drawing, hanging, quartering, embowelling, &c. &c. &c.

2 Ann. s. 1. c. 7. § 1. All popish priests to register their names, abode, age, parish, time and place of receiving orders, and from whom, and also to give security for their good behaviour, and not to remove to other parts of the kingdom, under like penalties of transportation, and the pains of high treason on return.

4 Ann. c. 2. § 2. Any other person officiating as a priest—the like. And in like case, of return from transportation, the like judgment and execution, bowelling, hanging, burning and drawing, aud forfeiture of lands and goods, head and quarters to the Queen.

2. Ann. S. 1. c. 7. §. 4. & 8. Aun. c. 3, §. 19. Every Papist keep ing a curate, deemed a Popish regular, and to suffer like pains.