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covert; who shall be committed only to prison, there to remain without bail till they will take the said oaths.) § 26.

And every person refusing to take the said oaths, shall be disabled to execute any public place of judicature or bear any other office (being no office of inheritance or ministerial function), or to use or practise the common or civil law, or the science of physick or surgery, or the art of an apothecary, or any liberal science for gain. § 27.

By 31 G. 3. c. 32. Roman catholics who shall take and subscribe the oath and declaration herein contained, are exempted from prosecution for not resorting to a place of worship according to the rites of the church of England, provided they resort to a place of divine worship permitted by that act. Vid. Supra XV. With regard to practitioners in Law, vid. infra

XXXV.]

2. By the 13 C. 2. st. 2. c. 1. No person shall be placed, elected, or chosen to any office or place of mayor, alderman, recorder, bailiff, town clerk, common councilman, or other office of magistracy, place, or trust, or other employment relating to the government of cities, corporations, boroughs, cinque-ports, and other port towns; who shall not have received the sacrament according to the rites of the church of England, within one year next before such election: and in default thereof, every such election and placing shall be void. (a)

3. And by the 25 C. 2. c. 2. For preventing dangers which may happen from popish recusants; every person who shall be admitted into any office civil or military, shall within three months after his admittance receive the sacrament of the Lord's supper, according to the usage of the church of England, in some public church on the Lord's day immediately after divine service and sermon; And shall at the same time that he takes the oaths (which shall be within six months after his admittance, 9 G. 2. c. 26.) deliver into the court a certificate of his having so received the sacrament under the hands of the minister and churchwarden, and shall make proof of the truth thereof, by two witnesses upon oath; all which shall be put upon record in the said court. § 2, 3. And if he shall neglect or refuse so to do, he shall be disabled to hold such office, and the same shall be void.

$ 4.

And if he shall execute the same after such time is expired, and be convicted thereupon in the courts at Westminster or at the assizes; he 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 guardian of any child, or executor or administrator of any person, or capable of any legacy

(6) See Dissenters, 4.

or deed of gift, or to bear any office, and shall forfeit 500l. to him who shall sue. § 5.

And at the same time when he takes the oaths, he shall also make and subscribe this declaration following, under the same penalties and forfeitures, viz. I. AB. do declare, that I do believe that there is not any transubstantiation in the sacrament of the Lord's supper, or in the elements of bread and wine, at or after the consecration thereof by any person whatsoever. §9

[By 31 G. 3. c.32. §7. Roman catholics who may be chosen or otherwise appointed to bear the office of high constable or petty constable, churchwarden, overseer of the poor, or any other parochial or ward office, and shall scruple to take upon them any thing required by the law to be taken or done in respect of such employment, may and shall execute such office by a sufficient deputy, to be by them lawfully provided and approved, and who shall comply with the laws in this behalf. Vide 1 G. 1. st. 2. c. 13. § 18.

By the same act, § 18. no person shall be summoned to make the above-mentioned declaration against transubstantiation, or be prosecuted for not obeying such summons. Q. Whether this shall excuse a neglect or refusal to make it in the abovementioned case?]

4. And by the 7 & 8 W. c. 27. Every person who shall refuse to take the oaths of allegiance and supremacy, when tendered to him by any person lawfully authorised to administer or tender the same; or shall refuse or neglect to appear when lawfully summoned in order to have the said oaths tendered to him, shall, until he have duly taken the said oaths, be liable to suffer as a popish recusant convict. And for the better levying the penalties to the king, the persons tendering the oaths shall upon such [149] refusal or default of appearance record and enter in parchment the christian and surname, and place of abode of such person so refusing or not appearing, together with the time of such tender and refusal or default of appearance, and shall deliver the said record or entry to the justices of assize at the next assizes, who shall forthwith estreat the same into the exchequer to be there entered of record, that the court may proceed thereupon as against popish recusants convict. §1.

And no person who shall refuse to take the said oaths, or being a quaker shall refuse to subscribe the declaration of fidelity (which oaths and subscription the sheriff or chief officer taking the poll at any election of members of parliament at the request of any one of the candidates shall administer) shall be admitted to give any vote at such election. § 19.

5. And by the 1 G. st. 2. c. 13. Two justices of the peace, or any other person who shall be by his majesty for that purpose specially appointed by order in the privy council or by commis

sion under the great seal, may administer and tender the oaths of allegiance, supremacy, and abjuration to any person whom they shall suspect to be dangerous or disaffected to his majesty or his government: and if any person to whom the said oaths shall be so tendered, shall neglect or refuse to take the same; such justices or other person specially to be appointed as aforesaid, tendering the said oaths shall certify the refusal thereof to the next quarter sessions where such refusal shall be made; and the said refusal shall be recorded amongst the rolls of that sessions, and shall be from thence certified by the clerk of the peace into the chancery or king's bench, there to be recorded amongst the rolls of such court, in a roll to be there kept for that purpose only; and every person so neglecting or refusing to take the said oaths, shall be from the time of such neglect or refusal adjudged a popish recusant convict. § 10.

And two justices or any other person so specially appointed as aforesaid, by writing under their hands and seals may summon any person to appear before them at a certain day and time therein to be appointed, to take the said oaths; which said summons shall be served upon such person or left at his dwelling house or usual place of abode, with one of the family there; and if such person so summoned shall neglect or refuse to appear, then upon due proof upon oath of serving the said summons, [150] such justices or other persons as aforesaid shall certify the same to the next sessions, there to be entered upon the rolls; and if such person shall neglect or refuse to appear and take the said oaths at the said sessions, the names of the person so certified being publicly read at the first meeting of the said sessions, such person shall be adjudged a popish recusant convict, and as such to forfeit and be proceeded against as if he had actually refused to take the oaths; and the same shall 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 purpose only. § 11.

[But by 31 G. 3. c. 32. § 18. no person shall be summoned to take the oath of supremacy, or be prosecuted for not obeying such summons.]

XIX. Armour and ammunition.

1. By the 3 J. c. 5. All such armour, gunpowder, and munition, as any popish recusant convict shall have in his house or elsewhere, or in the possession of any other at his disposition, shall be taken from them by warrant of four justices of the peace at their general or quarter sessions to be holden in the county where such popish recusant shall be resident (other than such necessary weapons as shall be thought fit by the said justices to remain and be allowed for the defence of such recusant's person

or house) and the said armour and munition so taken, shall be kept at the costs of such recusant, in such places as the said four justices at their said sessions shall appoint. § 27.

And if such person shall refuse to declare unto the said justices, or to any of them, what armour he hath, or shall hinder or disturb the delivery thereof to any of the said justices, or to any other person authorised by their warrant to take and seize the same; he shall forfeit his said armour, gunpowder, and munition, and shall also be imprisoned by warrant of any justice of the peace of such county for three months. § 28.

And notwithstanding the taking away the same, the said popish recusant shall be charged with the maintaining of the same, and with the buying, providing, and maintaining of horse and other armour and munition, in such sort as other subjects shall be appointed and commanded according to their several abilities and qualities; and the said armour and munition, at the charge of such popish recusant for them, and as their own pro- [ 151 ] vision of armour and munition, shall be shewed at every muster, shew, or use of armour to be made within the said county. § 29.

2. And by the 1 W. c. 15. It shall be lawful for any two justices of the peace who shall know or suspect any person to be a papist, or shall be informed that any person is, or is suspected to be a papist, to tender, and they shall forthwith tender to him the declaration of the 30 C. 2. st. 2. c. 1.: and if he shall refuse to make and subscribe the same, or shall refuse or forbear to appear before the said justices for the making and subscribing the same upon notice to him given or left at his usual place of abode by any person authorised in that behalf by warrant of the said justices; he shall from thenceforth be liable to all the penalties, forfeitures, and disabilities in this act mentioned. § 2.

IS

And the said justices shall certify the name, surname, and usual place of abode of every such person, who being required shall refuse or neglect to make and subscribe the said declaration, or to appear before them for that purpose; as also of every person who shall make and subscribe the same,- at the next sessions, to be there filed and kept amongst the records. § 3.

And no papist or reputed papist so refusing or making default, shall have in his house or elsewhere, or in the possession of any other to his use or at his disposition, any arms, weapons, gunpowder or ammunition, (other than such necessary weapons as shall be allowed to him by order of the justices in sessions, for the defence of his house or person): and two justices by their warrant may authorise any person in the day time, with the assistance of the constable or his deputy, to search for all arms, weapons, gunpowder, or ammunition, which shall be in the house, custody, or possession of any such papist, or reputed papist, and seize the same for the use of the king; which said

justices shall at the next sessions deliver the same in open court for the use aforesaid. § 4.

And every papist, or reputed papist, who shall not within ten days after such refusal or making default as aforesaid, discover and deliver, or cause to be delivered to some justice of the peace, all arms, weapons, gunpowder, or ammunition whatsoever, which he shall have in his house or elsewhere, or which shall be in the possession of any person to his use; or shall hinder or disturb any person authorised by warrant of two justices to search for [152] and seize the same, shall be committed to the common gaol by warrant of two justices 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 sessions. § 5. And every person who shall conceal, or be privy or aiding or assisting to conceal, or who knowing thereof shall not discover to a justice of the peace the arms, weapons, gunpowder, or ammunition of any person so refusing or making default, or shall hinder or disturb any person authorised as aforesaid in searching for, taking, and seizing the same, shall be committed to the common gaol by two justices, for three months without bail, and shall also forfeit treble the value of the said arms to the king. § 6.

And if any person shall discover any concealed arms, weapons, ammunition or gunpowder belonging to any person refusing or making default as aforesaid, so as the same may be seized; the justices on delivery of the same at the sessions, shall as a reward for such discovery, by order of sessions allow him a sum of money amounting to the full value of the arms, weapons, ammunition or gunpowder so discovered: the said sum to be assessed by the judgment of the said justices at their said sessions, and to be levied by distress and sale of the goods of the offender. § 7.

But if any person who shall have so refused or made default, shall desire to submit and conform, and for that purpose shall present himself before the justices at the next sessions where his default shall be certified, and shall there in open court make and subscribe the said declaration, and take the oaths of allegiance and supremacy, he shall be discharged. § 8.

XX. Horses.

No papist or reputed papist, so refusing or making default in making and subscribing the declaration as by the last mentioned act of the 1 W. c. 15. shall have or keep in his possession any horse above the value of 57.; and two justices by their warrant may authorise any person, with the assistance of the constable or his deputy, to search for and seize the same for the use of the king. 1 W. c. 15. § 9.