he shall make direct and true answer to the said questions whereupon he shall be so examined. § 11.

3. And by the 3 J. c. 5. Such person as shall first discover to any justice of the peace any recusant or other person who shall entertain or relieve any jesuit, seminary, or popish priest, or shall discover any mass to have been said, and the priest that said the same, within three days after the offence committed, and by reason of such discovery any of the said offenders shall be taken and convicted or attainted, shall not only be freed from the danger and penalty of any law for such offences, if he be an offender therein, but also shall have the third part of the forfeiture, so as the total exceed not 1507.; and if it do exceed 150l. he shall have the sum of 50l. for every such discovery and after conviction of the offender, he shall have a certificate from the judges or justices of the peace before whom the conviction shall happen, to be directed to the sheriff or other officer who shall seize the goods or levy the forfeiture, commanding him to pay the same out of the monies to be levied by virtue of the said forfeitures. § 1.

:

[But by 31 G. 3. c. 32. § 4. No person who shall take and subscribe the oath therein appointed to be taken and subscribed (for which see Daths, 20 B.) in manner thereby required, shall be presented, indicted, sued, impeached, prosecuted, or convicted in any civil or ecclesiastical court of this realm, for being educated in the popish religion, or for being a priest or deacon, or [131 ] entering into or belonging to any ecclesiastical order or community of the church of Rome.

But the deportment of the ecclesiastic must be conformable to the regulations of the act; for which see infra XLVI.]

X. Saying or hearing mass.

1. By the 23 El. c.1. Every person who shall say or sing mass, shall forfeit 200 marks, and be committed to the next gaol for one year and further till he have paid the said sum. And every person who shall willingly hear mass, shall forfeit 100 marks, and be imprisoned for a year. $ 4.

Which said forfeitures, by another clause in the said act, shall be one third to the king to his own use: one third to the king for relief of the poor in the parish where the offence shall be committed, to be delivered by warrant to the principal officers in the receipt of the exchequer, without further warrant from the king; and one third to him who shall sue. And if such person shall not be able, or shall fail to pay the same within three months after judgment given, he shall be committed to prison till he have paid the same, or conform himself to go to church. $11.

And the justices of assize and justices of the peace in their open quarter sessions, may inquire of, hear, and determine the

But if the offender shall, before he be indicted, or at his arraignment or trial before judgment, submit and conform himself before the bishop of the diocese, or before the justices where he shall be indicted, arraigned, or tried (not having before made like submission at his trial being indicted for the first offence); he shall be discharged upon his recognition of such submission in open assizes or sessions of the county where he shall be resident. § 10.

2. And by the 3 J. c. 5. Such person as shall first discover to any justice of the peace any mass to have been said, and the persons that were present at such mass, or any of them within three days next after the offence committed, and by reason of such discovery any of the said offenders shall be taken and convicted or attainted, shall not only be freed from the danger and [132] penalty of any law for such offences if he be an offender, but also shall have the third part of the forfeiture, so as the total exceed not 150l.; and if it do exceed 150%. he shall have the sum of 50%. for every such discovery; and after conviction of the offender, he shall have a certificate from the judges or justices of the peace before whom the conviction shall happen, to be directed to the sheriff or other officer who shall seize the goods or levy the forfeiture, commanding him to pay the same out of the monies to be levied by virtue of the said forfeitures. § 1.

[But by 31 G. 3. c. 32. § 4. No person who shall take and subscribe the oath therein-before appointed to be taken and subscribed in manner thereby required, shall be presented, indicted, sued, impeached, prosecuted, or convicted in any civil or ecclesiastical court of this realm, for hearing or saying mass, 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: the 23 El. c. 1. 27 El. c. 2. 35 El. c.2. 1 J. 1. c.4. 3 J. 1. c.5. 3 C. 1. c. 2. and 25 C. 2. c. 2. notwithstanding.

But the place of meeting and the deportment of the ecclesiastic must be conformable to the regulations of the act, for which see 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 person 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 supremacy (or the declaration of

fidelity in case he scruples to take an oath); and upon refusal thereof, shall commit him to prison without bail, and shall certify the name of such person to the next sessions; and if he shall upon a second tender at the sessions refuse to make and subscribe the declaration aforesaid, he shall be then and there recorded, and shall be taken thenceforth for a popish recusant convict and suffer accordingly.

And there is a clause in the said act, that nothing in that act contained shall give any ease, benefit or advantage, to any papist or popish recusant whatsoever.

[But by the 31.G. 3. § 4. No person conforming to it in the manner above stated, shall be prosecuted for being a papist, or reputed papist, or for professing, or being educated in the popish religion, or performing any rite or ceremony thereof under certain regulations; for which see infra XLVI.]

XII. Foreign education of papists.

1. By the 1 J. c. 4., Every person who shall pass or go, or shall send any child or any other person under his government, into any the parts beyond the seas, out of the king's obedience, to the intent to enter into or be resident in any college, seminary, or house of Jesuit priests, or any other popish order, profession or calling, or repair to any the same, to be instructed, persuaded or strengthened in the popish religion, or in any sort to profess the same; every such person so sending any child or other person beyond the seas to any such purpose, shall forfeit to the king 100%.; and every such person so passing or being sent, shall in respect of himself only and not of his heirs or posterity, be disabled to inherit, purchase, take, have or enjoy any lands, profits, goods, debts, duties, legacies or sums of money within this realm, and all estates and interest in trust for him shall be void. § 6.

But if such person or child so passing or sent shall after become conformable and obedient to the laws of the church, and shall repair to church, and continue in such conformity; he shall during such time as he shall so continue, be discharged of every such disability and incapacity. § 7.

$

And by the same act, No woman, or any child under the age of twenty-one years (except sailors or ship boys, or the apprentice or factor of a merchant) shall be permitted to pass over the seas (except by licence of the king, or of six or more of the privy council under their hands); on pain that the officer of the port, that shall willingly or negligently suffer any such to pass, or shall not enter the names of such passengers licenced, shall forfeit his office and his goods; and on pain that the owner of the ship that shall wittingly or willingly carry any such over sea without such license, shall forfeit the ship and tackle; and every master or

[133]

mariner of or in any vessel offending as aforesaid, shall forfeit his goods, and be imprisoned for twelve months. $8.

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

§ 9.

2. And by the 3 J. c. 5. if the children of any subject within this realm (the said children not being soldiers, mariners, merchants or their apprentices or factors) to prevent their good education in England, or for any other cause, shall be sent or go [134] beyond seas, without licence of the king, or of six of the privy council) whereof the principal secretary to be one) under their hands and seals: every such child shall take no benefit by any gift, conveyance, descent, devise or otherwise of any lands, leases or goods, until he being of the age of eighteen years, take the oaths of allegiance and supremacy before a justice of the peace where the parent shall inhabit; and in the mean time the next of kin, who shall be no popish recusant, shall enjoy the same until he shall conform himself and take the said oaths and receive the sacrament: And after such oaths taken, and conforming and receiving the sacrament, he who received the profits shall make account thereof, and in reasonable time make payment thereof, and restore the value of such goods. § 16.

And all such persons as shall so send such child or children over seas, shall forfeit 100%. (to him who shall discover and convict the offender. 11 & 12 W. c. 4. § 6. § 16.

3. And by the 3 C. c. 2. If any person shall pass or go, or shall convey or send, or cause to be sent or conveyed any child or other person into any parts beyond the seas out of the king's obedience, to the intent and purpose to enter into or be resident or trained up in any priory, abbey, nunnery, popish university, college or school, or house of jesuits, priests, or in any private popish family, and shall be there by any jesuit, seminary, priest, friar, monk, or other popish person, instructed, persuaded or strengthened in the popish religion; in any sort to profess the same; or shall convey or send, or cause to be conveyed or sent any sum of money or other thing, for the maintenance of any child or other person gone or sent and trained and instructed as is aforesaid, or under colour of any charity, benevolence or alms towards the relief of any priory, abbey, or nunnery, college, school or any religious house; every person so sending, conveying or causing to be sent and conveyed, as well any such child or other person, as any sum of money or other thing, and every person being sent beyond the seas, shall be disabled to sue or use any action, bill, plaint, or information in course of law, or to prosecute any suit in any court of equity, or to be committed of any ward, or executor or administrator to any person, or capable of any legacy or deed of gift, or to bear any office; and shall forfeit his goods, and shall forfeit his lands during life. § 1.

The said offences to be enquired of, heard, and determined in the king's bench, or at the assizes of such counties where the

offenders did last dwell or abide, or whence they departed out of [135] the realm, or where they were taken. § 3.

Provided that no person so sent or conveyed, that shall within six months after his return conform himself to the established religion, and receive the sacrament according to the statutes made concerning the conformity from popish recusants, shall incur any the said penalties. $2.

And if at any time after the said six months he shall so conform himself, he shall have his lands restored, during the time that he shall so continue in such conformity. § 4.

XIII. Popish children of protestants.

If any person not bred up by his parents from his infancy in the popish religion, and professing himself to be a popish recusant, shall breed up, instruct or educate his child or children, or suffer them to be instructed or educated in the popish religion, he shall be disabled of bearing any office or place of trust or profit, in church or state: And all such children as shall be so brought up, instructed or educated, shall be disabled of bearing any such office or place of trust or profit until they be perfectly reconciled and converted to the church of England, and shall take the oaths of allegiance and supremacy before the justices of the peace at the quarter sessions of the place where they shall inhabit, and thereupon receive the sacrament of the Lord's supper, and obtain a certificate thereof, under the hands of two of the said justices. 25 C. 2. c. 2. § 8. [And by the 31 G. 3. c. 32., though popish schools are permitted under certain regulations, (for which see Schools, 4.) no schoolmaster professing the Roman catholic religion shall receive into his school for education the child of any protestant father. § 25.]

XIV. Popish children of papists.

If any popish parent, in order to compel his protestant child to change his religion, shall refuse to allow him a fitting maintenance, suitable to the degree and ability of such parent, and to the age and education of such child; then upon complaint thereof to the lord chancellor, he shall make order therein. 11 & 12 W. c. 4. § 7.

[And the court of chancery will also superintend the education of such protestant child, and impose restrictions on the access and correspondence of his parents. Blake v. Leigh, Amb. 306.]