it was enacted, that, a perfon educated in the popish religion, or profeffing the fame, who did not in fix months, after the age of fixteen, take the oaths of allegiance and fupremacy, and fubfcribe the declaration of the goth Cha. 2. fhould, in respect of himself only, and not of his heirs or pofterity, be difabled to inherit, or take lands by defcent, devife, or limitation, in poffeffion, reverfion, or ́ remainder: and that, during his life, till he took the oaths, and fubfcribéd the declaration against popery, his next of kin, who was a proteftant, fhould enjoy the lands, without accounting for the profits; and fhould be incapable of purchafing; and that, all eftates, terms, interefts, or profits out of lands, made, done, or fuffered to his ufe, or in truft for him, fhould be void. By 3 Jac. 1. ch. 5. 1 W. & M. € 26,12 Ann, ft, 2. c. 14. and 11 Geo. 2.

17. papists, or perfons profeffing the popith religion, were difabled from prefenting to advowfons, and, other ecclefiaftical benefices, and to hofpitals and other charitable establifhments By annual acts of the legislature, papifts being of the age of 18 years; and not having taken the oaths of allegiance and fupremacy, were, fubjected to the burunen of the double land-tax. By a ftatute made in the fecond feffion of the 1ft year of Geo. 1. ch. 55. they were required to regifter their names and eftates in the manner, and under the penalties, therein mentioned, and by the 3d Geo. 1. c. 18. continued by feveral fubfequent ftatutes, an obligation of enrolling their deeds

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deeds and wills was impofed on them. Such were the principal penal laws against Roman catholics, immenfus aliarum fuper alias acervatarum legum, cumulus (Liv. 3, 34.), at the time of the acceffion of the houfe of Brunf wick.

II.

WITH RESPECT ΤΟ THE LAWS WHICH HAVE BEEN PAST, SINCE THE ACCESSION OF THE BRUNSWICK FAMILY, FOR THE RELIEF OF ROMAN CATHOLICS:

II.1. The only act of any importance, which, till the reign of His prefent Majefty, was past for their relief, (and that operated but in an indirect manner for their benefit), was the act of the 3d Geo. 1. c. 18. On the conftruction of the 11 & 12 Wm. 3. ch. 4. it had been held, that, as it exprefsly confined the difability of papifts to take by defcent to themselves only, and preferved their heirs and pofterity from its operation, it was not to be conftrued as preventing the vefting of the freehold and inheritance in them, in cafes of defcent, or tranfinitting them to their pofterity: but that, the difability refpected only the permanency of the profits, or beneficial property of the lands, of which it deprived them, during their non-conformity. Whether that part of the ftatute, which relates to their taking by purchase, fhould receive the fame conftruction, was a frequent fubject of difcuffion, the ftatute being, in that branch of it, without any limitation. To remedy this,

the

the act, we are speaking of, was paft. It enacts, that, no fale for a full and valuable confideration, by the owner or reputed owner of any lands, or of any intereft therein, theretofore made, or thereafter to be made, to a proteftant purchafer, fhall be impeached, by reafon of any difability of fuch papift, or of any perfon, under whom he claims, in confequence of the 11 & 12 W. 3. unless the perfon taking, advantage of this disability, shall have recovered before the fale, or given -notice of his claim to the purchafer, or before the contract for fale, fhall have entered his claim at the quarter feffions, and bona fide pursued hist remedy. The act then recites the claufes of the 12 & 13 W.3, difabling papists from purchafing; and afterwards enacts, that, these claufes fhall not be thereby altered or repealed, but shall remain in full force. Thus the laws against the Roman catholics, stood, at the time of the acceffion of His prefent Majefty. During his reign, two acts, each of great importance, I have been past in their favour.

.I

II. 2. By the 18th of his reign, clr. 6o. it was enacted, that, fo much of the 11 & 12 w.s. as related to the profecution of popish priefts and jefuits, and Imprifoning for life papifts, who keep fchools, or to difable papifts from taking by defcent or purchase, Thould be repealed, as to all papifts or perfons profeffing the popifi' religion, claiming under titles not theretofore litigated, who, within fix months after the act paft, or their

coming of age, fhould take the oath thereby prefcribed.

119. With respect to the act of the 31st of His prefent Majesty, cap. 32. That ftatute may be divided into fiparts: The 1ft, con-1 tains the declaration and bath afterwards referred to in the body of the act, and prescribes the method of taking it The 2d, is a repeal of the ftatutes of recufancy, in favour of perfons taking the oath thereby preferibedr› The gu, is a toleration, under certain regulations, i of the religious worship of the Roman catho lies, qualifying in like manner, and of their! fchools for education: The 4th, enacts, that, in future no one fhall be fuminoned to taket the oath of fupremacy preferibed by the r& Wm. & Mary, fect. 196. 85 and rft Geo. 1, feet. 2. cap. 13. or the declarationd againf tranfubftantiation required by the 25th Ch. 2.; that, the 1ft Wm. & Mary, feet. 13oh.agt for removing papifts or reputed papifts from the eities of London and Westminster fhall not extend to Roman catholics, taking the ap pointed oath and that, no peer of Great Britain or Ireland, taking that oath, fhall be fiable, to be profecuted for coming into His Majefty's prefence, or into the court or houfe where His Majefty refides, under the 30th Car. 2. ftat. 2. ch. 1.: The 5th part of the act, repeals the laws requiring the deeds and wills of Roman catholics to be registered or inrolled: The 6th difpenfes perfons acting as a counfellor at law, barrifter, attorney, clerk, or

t

notary,

notary, from taking the oath of fupremacy or the declaration againft tranfubftantiation. Then the double land tax being impofed on them by the annual land tax act, a repeal of it could not be effected by any prospective act: but it was repealed by omitting from the annual land tax act, the claufe imposing it.

II. 4. An alteration, which was made in the houfe of lords, in the act of the 31ft of His prefent Majefty, during its paffage through that houfe, raifed a doubt, whether to entitle a Roman catholic, to the benefits of the act of the 18th of His prefent Majefty, it was not neceffary that he thould take the oath prefcribed by that act, as well as the oath prescribed by the 31ft of His present Majesty. To obviate this doubt, the act of the 43d of His prefent Majefty was paft, which entitles perfons taking the oath prefcribed by that act to all the benefits of the act of the 18th of His Majefty.

III.

SOME ACCOUNT OF THE PENAL LAWS, THE EFFECT OF WHICH IS FELT BY ROMAN CATHOLICS, BUT THE EFFECT OF WHICH IS NOT FELT BY PROTESTANT DISSENTERS:

III. It has been already fhewn, how the law ftands on the corporation and teft acts. The ftatute of the 1ft William & Mary, (commonly called the toleration act), exempts "all diffenters,