tices or other perfons as aforefaid fhall certify the fame to the next feffions, there to be entred upon the rolls; and if fuch perfon fhall neglect or refufe to appear and take the faid oaths at the faid feffions, the names of the perfon fo certified being publickly read at the first meeting of the faid feffions, fuch perfon fhall be adjudged a popish recufant convict, and as fuch to forfeit and be proceeded against as if he had actually refufed to take the oaths; and the fame fhall be from thence certified by the clerk of the peace into the chancery or king's bench, there to be recorded in a roll to be kept for that purpofe only.

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[But by 31 G. 3. c. 32. f. 18. no perfon fhall be fummoned to take the oath of fupremacy, or be profecuted for not obeying fuch fummons.]

XIX. Armour and ammunition.

1. By the 3 7. c. 5. All fuch armour gunpowder and munition, as any popish recufant convict hall have in his house or elsewhere, or in the poffeffion of any other at his difpofition, fhall be taken from them by warrant of four juftices of the peace at their general or quarter feffions to be holden in the county where fuch popish recufant fhall be refident (other than fuch neceflary 'weapons as fhall be thought fit by the faid juftices to remain and be allowed for the defence of fuch recufant's perfon or houfe): and the faid armour and munition fo taken, fhall be kept at the cofts of fuch recufant, in fuch places as the fard four juftices at their faid feffions fhall appoint. f. 27.

And if fuch perfon fhall refufe to declare unto the faid 'juftices, or to any of them what armour he hath, or fhall hinder or difturb the delivery thereof to any of the faid juftices or to any other perfon authorised by their warrant to take and feize the fame; he fhall forfeit his faid armour gunpowder and munition, and fhail alfo be imprifoned by warrant of any justice of the peace of fuch county for three months. f. 28.

And notwithstanding the taking away the fame, the faid popifh recufant fhall be charged with the maintaining of the fame, and with the buying providing and maintaining of horfe and other armour and munition, în fuch fort as other fubjects fhall be appointed and commanded according to their feveral abilities and qualities; and the faid armour and munition, at the charge of fuch

popish recufant for them, and as their own provision of armour and munition, fhall be fhewed at every muster fhew or use of armour to be made within the faid county. f. 29.

2. And by the 1 W. c. 15. It fhall be lawful for any two juftices of the peace, who fhall know or fufpect any perfon to be a papift, or fhall be informed that any perfon is or is fufpected to be a papift, to tender, and they fhall forth with tender to him the declaration of the 30 C. 2. ft. 2. c. 1. and if he fhall refufe to make and fubfcribe the fame, or fhall refufe or forbear to appear before the faid juftices for the making and fubfcribing the fame upon notice to him given or left at his ufual place of abode by any perfon authorised in that behalf by warrant of the faid juftices; he thall from thenceforth be liable to all the penalties forfeitures and difabilities in this act mentioned. f. 2.

And the faid juftices fhall certify the name furname and ufual place of abode of every such perfon, who being required fhall refufe or neglect to make and fubfcribe the faid declaration, or to appear before them for that purpofe; as alfo of every person who fhall make and fubfcribe the fame, at the next feffions, to be there filed and kept amongst the records.

3.

And no papift or reputed papift fo refusing or making default, fhall have in his houfe or elsewhere, or in the poffeffion of any other to his ufe or at his difpofition, any arms weapons gunpowder or ammunition (other than fuch neceffary weapons as fhall be allowed to him by order of the juftices in feffions, for the defence of his houfe or perfon) and two juftices by their warrant may authorise any perfon in the day time, with the affiftance of the constable or his deputy, to fearch for all arms weapons gunpowder or ammunition, which fhall be in the houfe cuftody or poffeffion of any fuch papift, or reputed papift, and feize the fame for the ufe of the king; which faid juftices fhall at the next feffions deliver the fame in open court for the ufe aforefaid. f. 4.

And every papift or reputed papift who fhall not within ten days after fuch refufal or making default as aforefaid, difcover and deliver or caufe to be delivered to fome justice of the peace, all arms weapons gunpowder or ammuni tion whatsoever, which he fhail have in his house or elsewhere, or which fhall be in the poffeffion of any perfon to his ufe; or fhall hinder or disturb any perfon authorised by warrant of two juftices to fearch for and

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feize

feize the fame ;fhall be committed to the common gaol by warrant of two juftices for three months without bail, and shall also forfeit the said arms and pay treble the value of them to the king, to be appraised by the justices at the next feffions. f. 5.

And every person who fhall conceal, or be privy or aiding or affifting to conceal, or who knowing thereof fhall not discover to a juftice of the peace the arms weapons gunpowder or ammunition of any perfon fo refufing or making default, or fhall hinder or disturb any perfon authorised as aforefaid in fearching for taking and feizing the fame, fhall be committed to the common gaol by two juftices, for three months without bail, and shall alfo forfeit treble the value of the faid arms to the king. S.6.

And if any perfon fhall discover any concealed arms, weapons, ammunition or gunpowder belonging to any perfon refufing or making default as aforefaid, fo as the fame may be feized'; the juftices on delivery of the fame at the feffions, fhall as a reward for fuch discovery, by order of feffions allow him a fum of money amounting to the full value of the arms weapons ammunition or gunpowder fo difcovered: the faid fum to be affeffed by the judgment of the faid juftices at their faid feffions, and to be levied by diftrefs and fale of the goods of the of fender. f. 7.

But if any person who fhall have fo refused or made default, fhall defire to fubmit and conform, and for that purpose shall prefent himfelf before the justices at the next feffions where his default fhall be certified, and fhall there in open court make and fubfcribe the faid declaration and take the oaths of allegiance and fupremacy, he shall be difcharged. f. 8.

XX. Horfes.

No papift or reputed papift, fo refufing or making default in making and fubfcribing the declaration as by the laft mentioned act of the 1 W. c. 15. fhall have or keep in his poffeffion any horfe above the value of 5 1.; and two juftices by their warrant may authorife any perfon, with the affiftance of the conftable or his deputy, to fearch for and feize the fame for the ufe of the king, 1 W. c. 15. f. 9.

And if any perfon fhall conceal, or be aiding in concealing any fuch horfe; he fhall be committed to prison

by

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by fuch warrant without bail for three months, and fhall also forfeit to the king treble value of fuch horfe, which value is to be fettled as aforefaid. f. 10. (4)

XXI. Popish baptifm.

Every popish recufant who fhall have a child born, fhall within one month next after the birth, cause the fame to be baptized by a lawful minifter, according to the laws of the realm, in the open church of the parifh where the child fhall be born, or in fome other church near adjoining, or chapel where baptifm is usually adminiftred; or if by infirmity of the child it cannot be brought to fuch a place, then the fame fhall within the time aforefaid be baptized by the lawful minifter of any of the fai parishes or places on pain that the father of fuch child if he be living one month after the birth, or if he be dead then the mother of fuch child, fhall forfeit 1001; one third to the king, one third to him who fhall fue in any of the king's courts of record, and one third to the poor of the faid parish. 37. c. 5. f. 14.

1. By the 3 7. c. 5. Every man being a popifh recufant convict, who fhall be married otherwife than in fome open church or chapel, and otherwife than according to the orders of the church of England, by a minifter lawfully authorised, fhall be difabled to have any estate of freehold into any lands of his wife as tenant by cour

(d) It is to be observed here that the 1 W. c. 15. which introduces the penalties and disabilities mentioned in this and the preceding number, is not noticed by the 31 G. 3. c. 32.; and the 39 C. 2. ft. 2. c. 1. is not farther mentioned in that act, than with regard to perfons coming into the king's prefence, &c. Vid. the act, § 20. et infra XXXII. May not therefore the declaration of the 30 C. 2. ft. 2. c. 1. (against tranfubftantiation and the adoration of saints, infra XXIX.) ftill be required of catholicks, who have conformed to the 31 G. 3. c. 32. and muft they not make it in order to avoid the two laff mentioned difabilities? especially as the penalties of the 1 W. c. 15. attach not upon conviction in a profecution or fuit in any court for being a papist, &c. which is remedied by 31 G. 3. 6. 32. § 4. but upon certificate by two juftices of the peace, of the refufal of a papift or reputed papift to make and fubfcribe the above mentioned declaration.

tely;

tefy; and every woman being a popish recufant convict, who fhall be married in other form than as aforesaid, fhall be difabled not only to claim any dower of the inheritance of her husband, or any jointure of the lands of her husband, but alfo of her widow's eftate and frankbank in any cuftomary lands whereof her husband died feifed, and likewife be difabled to have any part of her husband's goods: And if any fuch man fhall be married with any woman, otherwife than as aforefaid, which woman fhall have no lands whereof he may be intitled to be tenant by the courtefy; he fhall forfeit 100 l., half to the king, and half to him that shall fue in any of the king's courts of record. f. 13.

2. But by the 26 G. 2. c. 33. After March 25, 1754, if they fhall be married any where in England, other than in a church or publick chapel (unlefs by fpecial licence from the archbishop of Canterbury), or without publication of banns, or licence, the marriage fhall be void. [And nothing in the 31 G. 3. c. 32. fhall extend to repeal any part of 26 G. 2. c. 33. S. 12.]

XXIII. Popish burial.

If any popish recufant, man or woman, not being excommunicate, fhall be buried in any place, other than in the church or church yard, or not according to the ecclefiaftical laws of this realm; the executors or adminiftrators of every fuch perfon fo buried, knowing the fame or the party that caufeth him or her to be fo buried, fhall forfeit 20 1., one third to the king, one third to him that fhall fue in any of the king's courts of record, and one third to the poor of the parish where fuch perfon died. 37. t. 5. f. 15. [And by the 31 G. 3. 2: 32. f. 11. the benefit of that act fhall not extend to any Roman catholiek ecclefiaftick who fhall officiate at any funeral in any church or church yard.]

XXIV. Ileirs of popish recufants.

If any recufant fhall die, his heir being no recufant; fuch heir fhall be freed from all penalties and incumbrances in refpect of his anceftor's recufancy: And if at the decease of fuch recufant his heir fhall be a recufant, and after fhall become conformable and obedient to the laws of the church, and repair to church, and continue there during the time of divine fervice and fermons, and alfo

fball