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regard to proportion, are inflicted; new modes of inquisition are enjoined; the largest powers are vested in the lowest magistrates. Any justice of the peace, or any magistrate of a city or town corporate, with or without information, by themselves or by their warrant, at their discretion, whenever they think proper, at any hour of the day or night, are impowered forcibly to enter and to search the house of any papist, or of any protestant whom they suspect to keep arms in trust for a papist. This, we say, they may do at their discretion; and it seems a pretty ample power to be vested in the hands of that class of magistrates.

"Besides the discretionary and occasional search, the law has prescribed one that is general and periodical. It is to be made annually, under the warrants of justices of peace and magistrates of corporations, by the high and petty constables, or any others whom they choose to authorize, with all the powers, and with the same circumstances in every respect, which attend the discretionary and occasional search.

"Not trusting however to the activity of the magistrates proceeding officially, the law has invited voluntary informers by the distribution of considerable rewards, and even pressed involuntary into the service by the dread of very heavy penalties.—With regard to the latter method, justices of the peace and magistrates. of corporations are empowered to summon before them any person whatsoever, and to tender to him an oath, by which they ob lige him to discover concerning all persons, without distinctions of propinquity or connection, who have any arms concealed contrary to law, and even whether he himself has any. His refusal to appear, or appearing, his refusal to discover and inform, subjects him to fine and imprisonment, or such corporal punishment of pillory or whipping as the court shall in its discretion think proper. Thus all persons, peers and peeresses, protestants as well as papists, may be summoned to perform this honourable service, by the bailiff of a corporation of a few straggling cottages, and refusing

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refusing to perform it, are liable to be fined and imprisoned, pilloried or whipped. The punishment for the first offence in peers and peeresses, if not pilloried or whipped, is £300, and for the second offence the punishment is no less than the penalties of a person attainted in a præmunire, that is, "the "offender shall be out of the king's protection, and his or her "lands and tenements, good and chattels, forfeited to the king and his or her body shall remain in prison at the king's "pleasure."The punishment for the offence in persons of an inferior order, if not pilloried or whipped, is (without any consideration of what their substance may be) £50, and one year's imprisonment, and for the second offence they are subject to the penalties of a person attainted of a præmunire.-So far as to involuntary, now as to voluntary informers. If the punishment of the offender be a fine, the law entitles them to one half of the same.

"The only exception to this law is, a licence from the lord licutenant and privy council to keep such arms as shall be particularly expressed in the licence-This possibility of a privilege is by its own nature so remote, on account of the difficulty of application in private cases to the supreme executive authority, that we do not believe, that there are ten persons now in the kingdom who have been fortunate enough to obtain it.

EXERCISE OF RELIGION.

"We will now say something concerning the exercise of religion.

"All inhabitants of this realm must attend divine service according to the established religion at their parish church upon Sunday and holiday, upon pain of ecclesiastical censures, and of forfeiting 12d. for every time of absence.

"All

"All superstitious meetings and assemblies of pilgrims at wells and pretended sanctified places are declared riots and unlawful assemblies, and punishable as such.

"Magistrates are to demolish all crosses, pictures and inscriptions that are any where publicly set up, and are the occasion of popish superstitions.

"None shall bury in suppressed monastery, abbey or convent not used for divine service, or within the precincts thereof, upon pain of £10 from any person present, by order of a justice of peace.

"Justices of peace are to suppress all monasteries, friaries, nunneries or other popish fraternities or societies.

"A popish secular ecclesiastic, who registers himself pursuant to the act for that purpose, and takes and subscribes the oath and declaration prescribed by the 13th and 14th Geo. 3. ch. 35, and also a popish regular ecclesiastic, if he be in the kingdom at the passing of the 21st and 22d Geo. 3, ch. 24, and makes the oath and declaration aforesaid, and registers himself pursuant to the act for that purpose in six months after the passing the said act of the 21st and 22d Geo. 3. ch. 24, are authorized to officiate, provided they do not officiate in any church or chapel with a steeple or bell, or at any funeral in any church-yard, or exercise any of the rites or ceremonies of the popish religion, or wear the habits of their order, (save within their several places of worship or in private houses) or shall use any symbol or mark of ecclesiastical dignity or authority, or assume or take any ecclesiastical rank or title, or procure, incite or persuade any protestant to become a papist.

« All popish regular and secular ecclesiastics, not qualifying as above, or offending against any of the aforementioned provi

sions,

sions, and all papists exercising ecclesiastical jurisdiction are to be imprisoned till they be transported beyond seas, and if they should return from exile, they will thereby be guilty of high treason and suffer and forfeit as in case of high treason-and whoever harbours them shall for the first offence forfeit £20, for the second offence 40, and for the third offence all his lands of inheritance and freehold during his life, and all his goods and chattels.

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Every popish priest who becomes a protestant shall receive £40 yearly from the county in which he last officiated as a Roman priest during his residence in said county until he shall be provided for by some ecclesiastical benefice or licensed curacy of the same or greater value.

"If any person shall seduce a protestant to renounce the protestant and profess the popish religion, the seducer and the seduced shall incur the penalty of præmunire mentioned in the 16th Rich. 2.*

ENJOYMENT AND DISPOSITION OF
PROPERTY.

"The popery penal law in respect to real estates and chattels real, has been in a great measure done away, and at this day, papists, upon taking the oath and subscribing the declaration mentioned in the 13th and 14th Geo. 3. ch. 35, in the manner and at the times and places prescribed by law, are qualified to enjoy and acquire real estates and chattels real nearly as fully and beneficially as other subjects may.

However

*16th Rich. 2. ch.5. That is, they "shall be put out of the King's protection, their lands and goods forfeited to the king's use, and they shall be attached by their bodies to answer to the king and his council."

"However there are some disabilities still remaining.

"Papists are disabled to buy or purchase any advowson-And the right of presentation of a papist to any ecclesiastical benefice is vested in the crown.

"Papists, making as aforesaid the oath and declaration mentioned in the 13th and 14th Geo. 3. ch. 35, may take, hold and enjoy any lands, tenements or hereditaments in any manor or borough, the freeholders or inhabitants whereof are entitled to vote for burgesses to represent such manor or borough in parliament, which shall descend from or be devised or transferred by a papist seised in fee, or tail, in law, or in equity, of the same at the passing of the 17th and 18th Geo. 3. ch. 49, or person deriving from a papist then so seised.

"If any protestant is sciced of any lands, tenements or hereditaments in such manor or borough, no papist is capable of taking the same by reason of any descent, devise, or gift, from such protestant, but the law vests the same, until his conformity, in the next protestant of the inheritable blood.

"Papists, upon making as aforesaid the oath and declaration before mentioned, are not disabled from taking any lease in lands, tenements, or hereditaments in any such manor or borough for any term of years not exceeding 999 years certain, or for any term of years determinable on any number of lives not exceeding five, with or without liberty of committing waste, and disposing of the same by will or otherwise, as fully and beneficially to all intents and purposes as any other his majesty's subjects may, save that upon every such lease a rent bonâ fide to be paid in money shall be reserved, and save that a maintenance and portion may be granted thereout to any child of a popish parent possessed of the same upon a bill filed against such parent in chanvery pursuant to the 2d Anne, ch. 6, which enacts, "that

upon

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