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are neceffary; but our mifled country, who (a a blind Sampfon) to wreak revenge on their subjects, the poor Catholics, put arms in the hands of their foes, to turn deftruction upon themfelves. O! the infatuation of blind zealots, who will facrifice the innocent, preferable to the abatement of their zeal.

Luth. My dear, we have you, hip and thigh; The fting will quicken, though from fly. Frail man, you now turn pale; O my! You are Carnage, and we the Crow. Your Hydra beads our fickles mow, And fright you with Gallantic fhow.

I prefent you with different prefervatives. Nin. compoop, read your own definition by the celebrated Lawyer, Mr. Jacob.

Papifts, Are those who profefs the Popish Religion in this Kingdom: And fince the Reformation there have been many Statutes concerning them. By the 35 Eliz. c. 2. Papills are to repair to their ufual Place of Refidence, and not remove above five Miles, without Licence, &c. The 3 Jac. 1. c. 5. enacts, That no Papifts, or Popish Recufant convic, shall come to Court, practife the Common Law, Civil Law, Physick, &c. or bear any Publick Office or Charge, but fhall be utterly difabled to exercife the fame; and liable to a Penalty of icol. But Offices of Inheritance may be executed by Deputies taking the Oaths, by W. & M. Papifts, and Truftees for Papilts, are incapable to prefent to any Benefice, School, Hofpital, &c. or to grant any Avoidance of a Benefice, and the Two Univer

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fities fhall prefent; the Chancellor, &c. of Ox-. ford to prefent to Benefices lying in fuch and fuch Counties, and the Univerfity of Cambridge. to Benefices in others, particularly mentioned in the Statute; and a Bill may be brought in a Court of Equity to discover fecret Trufts, &c. 3 J. 1. c. 5. It has been adjudged on this Statute, that the Perfon is only difabled to present; and that he continues Patron to all other Purpofes, Cawley 230. That fuch a Perfon by being difabled to grant an Avoidance is not hindered from granting the Advowfon itself, in Fee, or for Life, bona fide, for good Confideration, 1 Jon. And that if an Advowfon or Avoid ance belonging to a Papift come into the King's Hands, by Reason of any Outlawry, or Convic tion of Recufancy, &c. the King, and not the Universities, fhall prefent. 1 Jon. 20, Hob. 126. But where a Prefentment is vefted in the Univerfity, at the Time when the Church became void, it fhall not be divested again, by the Patron's Conforming, &c. 10 Rep. 57. Papifts, and Popifh Recufants, married not according to the Or ders of the Church of England, are difabled, the Hufband to be Tenant by the Curtefy, and the Wife to have Dower, &c. and incur a Forfeiture of 100l. Alfo not Baptifing their Children by a Jawful Miniller, is liable to the like Penalty: And not being buried according to the Ecclefiafical Laws, the Executors fhall forfeit 201, &c. And Papifts are incapable to be Executors, Adminiftraters, or Guardians; dilabled to fue Ac

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tions, and as Perfons excommunicated till they conform, &c. 3 Jac. 1. And it is faid that being convicted of Popish Recufancy, they may be taken up by the Writ de Excom. capiend. And fhall not be admitted as competent Witneffes in a Caufe: But this feems to be carried beyond the Intent of the Statute. 2 Bulstr. 155, 156. 1 Hawk. P. C. 23. Perfons going beyond Sea to be trained up by Papifts, fhall forfeit their Goods and Chattels, if they do not conform within Six Months after their Return; And fending Children abroad to be thus trained up, is liable to a Penalty of 100l. Stat. 3 Car. 1. c. 2. The Lord Mayor of the City of London, and Juftices of Peace, &c. are to caufe to be brought before them Papifts within the faid City, and ten Miles thereof, and tender them the Declaration 30 Car. 9. cap. 1. against Transubstantiation; and refufing to fubfcribe it, they fhall fuffer as Popish Recufants convict: But fuch as ufe any Trade or manual Art; and foreign Merchants, Servants to Ambaffadors, &c. are excepted, 1 W. & M. Seff. 1. c. 9. Papifts refufing to appear and subscribe the faid Declaration, are not to keep in their Houfes any Arms, Weapons, Gunpowder, &c. And Juftices of Peace may order any fuch, to be feized: And they may not keep any Horse above the Value of 51. which may be alfo feized. And Perfons concealing Arms or Horfes, or hindering a Search after them, fhall be committed, and forfeit treble Value. 1 W. & M. c, 15. If any Perfon refufe to repeat and

fubfcribe

fubfcribe the afore-mentioned Declaration, he fhall be difabled to make any Prefen ation, &c. And prefenting contrary to his A&t, fhall forfeit 500l. 1 W. & M. c. 26. Papifts, who keep Schools are to fuffer perpetual Imprifonment: And Perfons educated in the Popith Religion, not taking the Oaths and fubfcribing the Declaration in the 30th Car. 2. within fix Months after. they attain the Age of eighteen Years, fhall be difabled to take or inherit Lands, but not their Heirs or Poflerity; and during their Lives. or Refufal, the next Proteftant Relation fhall enjoy, &c. And where the Parents of Proteftant Children are Papifts, the Lord Chancellor may take Care of the Education of fuch Proteftant Children, and make Order for their Maintenance fuitable to the Ability of the Parent. 11 & 12 W. 3. c. 4. Every Truflee, &c. for Popifh Children is difabled to prefent to any Benefice, &c. and Presentations by them fhall be void; and the Chancellor and Scholars of the Universities fhall prefent, as by the Act 3 Jac. 1. And Bithops are required to examine Perfons prefented on Oath, before Inftitution, whether the Perfon prefenting be the real Patron, and made the Prefentation in his own Right, or whether he be not a Trustee for a Papilt, &c. And if the Perfon prefented refufe to be examined, his Prefentation fhall be void. 12 Anne, Seff. 2. c. 14. Papifts are to regifter their Eftates, as by this Statute is directed, on pain of Forfeiture; and Lands regifted must be expreffed in what Pa

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rifhes they lie, who are the Poffeffors thereof, the Eftate therein, and the vearly Rent, &c. Perfons fuing in Chancery for Forfeitures for Default of Regiftry, may demand all Discoveries as if Purchafers; and they may bring Ejectment on their own Demife, and give the Act and fpecial Matter in Evidence, 1 Geo. 1. c. 55. Sales of Lands by Papifts (incurring the Difabilities 11 & 12 W. 3.) to Proteftant Purchafers, are confirmed notwithstanding the Difability of Perlons joining in the Sale; unless hefore fuch Sales any Perfon who is to take Advantage of the Dilability, has recovered, or entered his Claim, and given Notice, &c. No Lands fhall pafs from Papists, by Deed or Will, without Inrollment: And Papifts are rendered incapable to purchase Lands. 3 Geo. 1. c. 18.' 'All Perfons within England, of the Age of eighteen Years, not having taken the Oaths, and who refufe to take the fame, fhall regifter their Eftates as Papifts; or neglecting fuch Regiftry, are to forfeit the Inheritance of their Lands, two Thirds to the King, and the other Third to the Profecutor. 9 Geo. 1. c. 24. But by à lubsequent Act, this fhall not extend to oblige any Woman to take the Oaths, or to register her Eitate; nor any Perfon that hath only an Intereft in Lands in Reversion; or to Eltates under iol. a Year, &c. ̈ And only one Year's Rent and Profit of Lands is forfeited for Default of Regiflring by this Statute, recoverable by Alion in the Courts at Wellminfter, within fix Month's after the Offence: Perfons in Prifon, beyond

Sea,

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