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23 Geo. 2. c. 10, 53, makes it felony in the priest, notwithstanding the marriage be aupulled.
$ 1. And any two justices may summon all persons suspected to have been 60 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. 8. 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,
7. 9. W.3. S. 1. c. 26. g. 1. All Popish Archbishops, bishops, 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.
$. 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, embowelivg, &c.
2. Ann. C. 3. g. 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 sueh archbishops, &c.
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 couvict and commit to prison in default of payment.
Ib. 8 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, or. dered 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 5l. 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. 4U 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, and forfeiture of : lands and goods, head and quarters to the Queen.
2. Ann. S. 1. c. 7. g. 4. & 8. Aun. c. 3, §. 19. Every Papist keep,. ing a curate, deemed a Popish regular, and to suffer like pains.
licence to carry
All priests registered by virtue of these acts, to take the oath of abjuration, o else on celebrating mass or officiating as a priest—like pains.
8. Anu. c. 3. §. 21. Two justices may summon any Popish person of sixteen years or upwards, to give testimony on oath where he last héard mass, who celebrated it, what persons were present, and also touching the being and residence, of any popish clergyman or secular priest resident in the country, and upon neglect or refusal to become informer, commit him for twelve months unless he pay 201.
8. Ann. c. 3. 9. 16. & 20. Any person discovering against the clergy so as they may be prosecuted to conviction, to have for discovering an archbishop, or vicar general, 501. for a regular or secular not registered 201. and for a schoolmaster, 101.. [See Education).
5. 24. Any person summoned by two justices to go before them, and swear abjuration, and neglecting or refusing, to pay 40l.; to be committed three months and disabled forever to obtain
any any arms.
After three months, the same may be repeated and the party imprisoned six months and fined 101. and be bound with two sureties to the sessions, or goal delivery, where, if he refuses to abjure, upon oath in open court; to suffer a præmunire; that is, to be out of the king's protection, and forfeit land and tenements, goods and chattles to the king. And this offence was so odious, says Lord Coke, that whoever was attainted of it, might be slain by any other man, without danger of law, because the 25. Ed. 3. s. 6. c. 22. enacted, that any might do with him as the king's enemy. Still he can bring no action for any injury, however atrocious, and no man knowing him guilty can with safety give him aid or relief. 1. Hawk. p. c. 19.
1. Geo. 1. c. 9. Every justice may tender the oath of abjuration, to every suspected person.
8 Ann. c. 3. 5 27. All magistrates required to demolish all crosses, pictures, and iuscriptions, that are the occasion of popish superstition.
2 Ann. c. 7. § 2. Priests converted to have a maintenance till otherwise provided for, and to read the liturgy in the English or Irish language. This statute gives £20; by subsequent ones, it is increased to $40 ye-rly.
2 Aon. c. 6. f. 1. Persuading any person to be reconciled to the see of Rone, the reconciler and the party reconciled both subject to the pains of premunire.
N.B. The first English monarch that invaded Ireland, Hen. 2, did it by virtue of a bull froin pope Adrian III. obtained on pretence of a sanctified regard for the promotion of the catholic faith.
BURIAL OF THE DEAD.
7 & 9W. 3. st. 1. c. 26. None to bury any dead in a suppressed monastery, abbey, or convent, if it be not used for divine service according to the liturgy of the established church, upon pain of 10l: upon all that shall be present, one half to the informer, to be levied summarily by a single justice.
BATHING AND WATER DRINKING.
2 Ann. C. 6. j 26. Meetings and assemblies at certaiu wells or springs therein named, to be adjudged riots, and all magistrates required to be diligent in putting the law in force.
27. And every person assembling there to forfeit on conviction before a single magistrate 10 shillings, or be publicly whipped within twenty-four hours. And every person selling ale or victuals there or any other commodities, upon like conviction to forfeit 20 shillings, or imprisonment.
HUSBAND AND WIFE.
[See title MARRIAGE.]
PARENTS AND CHILDREN.
2 Ann. s. 1. c. 6.9.7. A child of a popish parent professing a desire to become a protestant, may institute a chancery suit against his parent, and be decreed a present maintenance, and a portion after the parent's decease.
8 An. c. 3. A child on conforming may also oblige his father to discover upon oath the full value of all his real or personal estate, and have a new bill, toties quoties.
N. B. Though the parent should abandon all his property, yet if he afterwards acquired any thing he might be vexed with a new bill as often as an undutiful child might think fit, to the end of his life.
2. Ann. Stat. 1. c. 6. 3. The eldest son by conforming, may, by filing a bill against his father, divest him of his fee, rendering him bare tenant for life, and take the reversion subject only, to maintenance and portions for younger children, not exceeding one third of the value.
Ib. 65. No papist to have the guardianship of an orphan child, and if there be no protestant relation the child to be committed to a stranger, who shall be bound to use his'utmost endeavours to make the child a protestant; and any papist who takes upon himself such guardianship to forfeit 500l. to the blue coat hospital.
6. Geo. 1. c. 6. Children of popish parents bred protestants from the
age of twelve years, and receiving the sacrament of the established church, to be reputed protestants, and enjoy their rights, but if after eighteen they are present either at matins or vespers, to suffer the penalties of converted pápists relapsing into popery.
For other rude violations of parental tenderness, and statutory temptations to filial and conjugal impiety, see the heads Education, and Marriage.
LAWYERS AND LAW OFFICERS.
3 W. & M. c. 2.9 4. A barrister, attorney, clerk, or officer in chancery, who without having taken the oaths and made the declaration against popery io open court, shall practise in any court, is disabled to hold any office of trust or profit, or to be executor or guar. dian, or to sue for any right in law or equity, or take by legacy, deed, or gift, and to forfeit 500l. half to the informer.
10 W. 3. c. 13. 1. & 3. No papists to act as solicitor, except in their own cause, or as menial servants, on pain of 1001. to the informer, and like disabilities.
6 Ann. c. 6. § 1. 2. 9. No papist, or reputed papist, to act as above, on pain of 2001. and like disabilities, and any person seeing or knowing such person so to act, may openly in court cause the oaths and declaration (against transubstantiation, &c.] to be tendered to him, and on proof of his refusal he is to be recorded a convict.
Ib. 5 4. NO LAWYER SHALL BE EXEMPT BY HIS PRIVILEGE FROM ANSWERING UPON OATH AS TO HIS KNOWLEDGE IN ANY MATTER THAT SHALL COME IN QUESTION UNDER THIS OR THE FORMER ACT.
It appears throughout this code that all principles of law are rever. sed, and go by contraries, and that what is law for protestants is not for catholics, and vice versa. It is not therefore wonderful that those familiarised to it by education and habit should
judge in the same perverse sense, even where there was no statute, positively oversetting the