fubferibed with his band, testifying that fuch informations wag made to him. f. 14.

And all fuch oaths and fubmiffions as fhall be made by force of this act, fhall be certified into the chancery by the parties before whom the fame, shall be made within three months after fuch fubmiffion, om pain of 100L to the queen..15.abo

And if any perfon so submitting himself shall within ten years after fuch submission made come within ten miles of the place where the queen fhall be, without efpecial licence under her majesty's hand, he shall take no benefit by his fubmiffion, but the fame fhall be void... f. 16.

2. By the 35 EL 2 If any perfon who fhall be fufe pected to be abjefuit, feminary, or maffing priest, being examined by any perfon having lawful authority in that behalf to examine him, shall refuse to answer directly and truly whether he be a jefuit, or a feminary for malling prieft; he shall be committed to prifon by fuch as fhall fo examine him, and there continue until he fhall make direc and true answer to the said questions whereupon he fhall be fo examined. S. 11.

3. And by the 37. c. 5. Such perfon as fhall firft difcover to any juftice of the peace any recufant or other perfon who fhall entertain or relieve any jefuit, feminary, or popish priest, or fhall difcover any mafs to have been faid and the priest that faid the fame, within three days. after the offence committed, and by reafon of fuch difcovery any of the faid offenders fhall be taken and convicted. or attainted,fhall not only be freed from the danger and penalty of any law for fuch offences if he be an of fender therein, but also fhall have the third part of the forfeiture fo as the total exceed not 1501.; and if it do exceed 1501. he fhall have the fum of 501. for every fuch difcovery and after conviction of the offender, he thall have a certificate from the judges or juftices of the peace before whom the conviction fhall happen, to be directed to the theriff or other officer who fhall feize the goods or levy the forfeiture, commanding him to pay the fame out of the monies to be levied by virtue of the faid for feitures. f. 1.

[But by 31 G. 3.6. 32. f. 4. No perfon who fhall take and fubfcribe the oath therein appointed to be taken and fubfcribed (for which fee Daths, 20 B.) in manner there by required, fhall be prefented, indicted, fued, impeached, profecuted, or convicted in any civil or ecclefiaftical coure

of

of this realm, for being educated in the popith religion, or for being a prieft or deacon, or entering into or belong ing to any ecclefiaftical order or community of the church of Rome.mong bla

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But the deportment of the ecclefiaftick must be con formable to the regulations of the act; for which fee infra XLVI.]

r. By the 23 El. c. 1. Every person who hall fay or ing mafs, thall forfeit 200 marks, and be committed to the next gaol for one year and further till he have paid. the faid fum. And every perfon who fhall willingly hear mafs," fhall forfeit too marks, and be imprisoned for year:7. 4

Which faid forfeitures, by another claufe in the faid act, fhall be one third to the king to his own ufe one third to the king for relief of the poor in the parish where. the offence thall be committed, to be delivered by warrant to the principal officers in the receipt of the ex-" chequer, without further warrant from the king; and one third to him who hall fue. And if fuch perfon fhall not be able or hall fail to pay the fame within three months after judgment given, he fhall be committed to: prifon till he have paid the fame, or conform himself to go to church. f. 14.19

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And the juftices of affize and juftices of the peace in their open quarter feffions, may inquire of, hear and determine the fame.

But if the offender fhall, before he be indicted, or atɔ his arraignment or trial before judgment, fubmit and conform himself before the bishop of the diocefe, or be Fore the juices where he fhall be indicted arraigned ort tried, (not having before, made like fubmiflion at his trial: being indicted for the firft offence); he shall be dif charged, upon his, recognition of fuch fubmiffion in open aftes or fefions of the county where he fhall be refident. S. 10. ore 148 20 And by the 30.54 Such perfori as fhall firft difcover to any juffice of the peace any mafs to have been faid, and the perfons, that were prefent: at fuch mass, or any of them within three days next after the offence committed, and by reafon of fuch difcovery any of the faid offenders fhall be taken and convicted or attainted, →→→→→ shall not only be freed from the danger and penalty K 2

of

of any law for fuch off nces if he be an offender, but allo shall have the third part of the forfeiture, fo as the total exceed not 1501; and if it do exceed 1501, he shall have the (um of 501. for every such discovery; and after con viction of the offender, he thall have a certificate from the judges or juftices of the peace before whom the conviction fhall happen, to be directed to the fheriff or other officer who fhall feize the goods or levy the forfeiture, commanding him to pay the fame out of the monies to be levied by virtue of the faid forfeitures. f. 1.

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[But by 31.G. 3. c. 32. f. 4. No perfon who fhall take and fubfcribe the oath therein before appointed to be taken and fubfcribed in manner thereby required, fhall be prefented, indicted, fued, impeached, profecuted, or convicted in any civil or ecclefiaftical court of this realm, for hear ing or faying mafs, or for being prefent at, or performing or obferving any rité, ceremony, practice or obfervance of the popish religion, or maintaining or affifting others therein..

But the place of meeting and the deportment of the ecclefiaftick must be conformable to the regulations of the act, for which fee infra XLVI.

XI. Frequenting conventicles.

By the 1 W... 18. commonly called the act of toleran tion, Every justice of the peace may require any person that goes to any meeting for the exercife of religion, to make and fubfcribe the declaration of the 30 G. 2. against popery, and alfa to take the oaths of allegiance and fupremacy (or the declaration of fidelity in cafe he fcruples to take an oath); and upon refufal thereof, shall commit him to prifon without bail, and shall certify the name of such person to the next feffions; and if he hall upon a second tender at the feffions refufe to make and fubfcribe the declaration aforefaid, he thall be then and. there recorded, and shall be taken thenceforth for a popish recufant convict and fuffer accordingly.

Bing And there is a claufe in the faid act, that nothing in that act contained shall give any cafe benefit or advantage, 10any papift or popifh recufant whatsoever.

[But by the 31 G. 3. 4. No perfon conforming to it in the manner above ftated, shall be profecuted for being apapift, or reputed papist, or for profeffing, or being, educated in the popish religion, or performing any site or cere mony thereof under certain regulations; for which fee infra XLVI.]

XII, Foreign

XII. Foreign education of papifts.

1. By the 1 Ja, c. 4. Every perfon who fhall pafs of go, or fhall fend any child or any other perfon under his government, into any the parts beyond the feas, out of the king's obedience, to the intent to enter into or he refident in any college feminary or houfe of jefuits priefta or any other popifh order profeffion or calling, or repair to any the fame, to be inftructed perfuaded or ftrengthened in the popish religion, or in any fort to profefs the fame; every fuch perfon fo fending any child or other perfon beyond the feas to any fuch purpose, fhall forfeit to the king tool.; and every such person so pafling or being fent, hall in refpect of himself only and not of his heirs or pofterity, be difabled to inherit purchase take have or enjoy any lands profits goods debts du ties legacies or fums of money within this realm, and all eftates and intereft in truft for him fhall be void. 1.6.

But if fuch perfon or child fo paffing or fent shall after become conformable and obedient to the laws of the church, and shall repair to church, and continue in fuch conformity; he fhall during fuch time as he shall fo continue, be discharged of every fuch difability and incapacity. J. 7.

And by the fame act, No woman, nor any child under the age of twenty-one years (except failors or ship boys, of the apprentice or factor of a merchant) fhall be permitted to pafs over the feas (except by licence of the king, or of fix or more of the privy council under their hands); on pain that the officer of the port, that fhall willingly or negligently fuffer any fuch to pafs, or fhall not enter the names of fuch paffengers licenfed, thall for feit his office and his goods; and on pain that the owner of the fhip that fhall wittingly or willingly carry any fuch over fea without fuch licence, fhall forfeit the hip and tackle; and every mafter or mariner of or in any veffel offending as aforefaid, thall forfeit his goods, and be imprisoned for twelve months The one half of all which forfeitures fhall be to the king and half to him that will fue. f. 9.

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2. And by the 37. c. 5. If the children of any fubject within this realm (the faid children not being foldiers mariners merchants or their apprentices or factors) to prevent their good education in England, or for any other cause, shall be fent or go beyond feas, without li

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cence of the king, or of fix of the privy council (whereof the principal fecretary to be one) under their hands and feals: every fuch child fhall take no benefit by any gift conveyance descent devife or otherwife of any lands leafes or of goods, until he being of the age of eighteen years take the paths of allegiance and fupremacy before a juftice of the peace where the parent fhall inhabits and in the mean time the next of kin, who fhall be no popifh recu fant, fhall enjoy the fame until he fhall conform himfelf and take the faid oaths and receive the facrament: And after fuch oaths taken and conforming and receiving the facrament, he who received the profits fhall make account thereof, and in reafonable time make payment thereof, and reftore the value of fuch goods. f. 16.

And all fuch perfons as fhall fo fend fach child or children over feas, hall forfeit 1001. (to him who fhall difcover and convict the offender. 11 & 12 W. 6. 4. S. 6.) £ 16.

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3:2 And by the 3 C. c. 2. If any perfon fhall pass or go, or hall convey or fend, or caufe to be fent or conveyed any child or other perfon into any parts beyond the feas out of the king's obedience, to the intent and pur pofe to enter into or be refident or trained Up in any priory, abbey, nunnery, popifh univerfity, college or fchool, or houfe of jefuits, priefts, or in any private popith family, and fhall be there by any jefuit, feminary, prieft, frier, monk, or other popish perfon inftructed perfuaded or ftrengthened in the popifh religion; in any fort to profefs the fame; or fhall convey or fend, or caufe to be conveyed or fent any fum of money or other thing for the maintenance of any child or other perfon gone or fent and trained and inftructed as is aforefaid, or under colour of any charity, benevolence or alms towards the relief of any priory abbey or nunnery college fchool or any religious houfe every perfon to fending conveying or caufing to be fent and conveyed as well any, fuch child or other perfon, as any fum of money or other thing, and every perfon being fent beyond the feas, fhall be disabled to fue or ufe any action bill plaint or information in course of law, or to profecute any fuit in any court of equity, of to be committed of any ward, or executor or adminiftrator to any perfon, or capable of any legacy or deed of gift, or to bear any office; and fhall forfeit his goods, and fall forfeit his lands during life. ..

The faid offences to be inquired of heard and determined in the king's bench, or at the aflizes of fuch

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counties