PAPISTS, persons professing the Po pish religion. By several statutes, if any English priest of the church of Rome, born in the dominions of the crown of England, came from beyond the seas, or tarried in England three days without conforming to the church, he was guilty of high treason ; and they also incurred the guilt of high treason who were recon ciled to the see of Rome, or procured others to be reconciled to it. By these laws, also, Papists were disabled from giving their children education in their own religion. If they educated their • children at home, for maintaining • the schoolmaster, if he did not repair to the church, or was not allowed by the bishop of the diocese, they were liable to forfeit 10/. a month, and the schoolmaster was liable to the forfeiture of 40s. a day. If they sent their children for education abroad, they were liable to forfeit 100/. and the children so sent were incapable of inheriting, purchasing, or enjoying any lands, profits, goods, debts, legacies, or sums of money : saying mass was punishable by a forfeiture of 200 marks ; and hearing it, by a forfeiture of 100/.
By statute 11 and 12 William III. c. 4, the Chancellor may take care of the edu cation and maintenance of the protestant children of papists.
By the laws against recusancy, all per sons abstaining from going to church were liable to penalties. By 35 Eliza beth, c. 2, a distinction was made against Papists, who, if convicted of recusancy, were fined 20/. per month, disabled from holding offices, keeping arms in their houses, suing at law, being executors and guardians, presenting to advowsons, practising law or physic ; from holding offices civil or military ; were subject to excommunication ; could not travel five miles from home, nor come to court, un der pain of 100/. Marriages and burials of Papists were to be according to the rites of the Church of England. A mar ried woman convicted of recusancy lost two-thirds of her dower ; she could not be executrix to her husband ; might be kept in prison during marriage, unless her husband paid 10/. per month, or gave the third part of his lands. Popish recusants convict were, within three months after conviction, either to submit, and re nounce their religious opinions, or to ab jure the realm, if required by four jus tices ; and if they did not depart, or re turned without license, were guilty of ca pital felony ; so that abjuration was trans portation for life.
But during the present reign the Ro man Catholics have been in a great mea sure relieved from the odious and severe (if not unjust) restrictions formerly im posed on them, by the statutes 18 George III. c. 60, and 31 George III. c. 22, to which, on account of their length and consequence, the reader is referred. The principal effects of these statutes are to repeal the 11 and 12 Wil liam III. c. 4, as to prosecuting Popish priests, &c. and to disable Papists from taking lands by descent or purchase : if they take the oath expressing allegiance to the King, abjuring the Pretender, re nouncing the Pope's civil power, and ab horring the doctrine of not keeping faith with heretics, and of deposing or murder ing princes excommunicated by the see of Rome. The statute 31 George III. c.
32, has afforded them the most effectual relief, and consists of six parts. The first contains the oath and declaration to be taken ; the second is a repeal of the statutes of recusancy in favour of persons taking that oath ; the third is a toleration, under certain regulations, of the religious worship of thc . Catholics, qualifying in like manner, and of their schools for edu cation ; the fourth enacts, that no one shall be summoned to take the oath of supremacy prescribed by statutes 1 Wil liam and Mary, st. 1. c. 8 ; 1 George I. st. 2. c. 13 ; or the declaration against transubstantiation required by statute 25 Charles II. c. 2 ; that the statute 1 Wil liam and Mary, st. 1. c. 9, for removing Papists, or reputed Papists, from the ci ties of London and Westminster, shall not extend to Roman Catholics taking the ap pointed oath; and that no peer of Great Britain or Ireland, taking that oath, shall be liable to be prosecuted for coming in to his Majesty's presence, or into the court or house where his Majesty re sides, under statute 30 Charles IL st. 2, c. h. The fifth part of the act repeals the laws requiring the deeds and wills of Roman Catholics to be registered or enrolled ; the sixth excuses persons acting as coun sellors at law, barristers, attornies, clerks, or notaries, from taking the oath of su premacy, or the declaration against tran substantiation. But it is adviseable to take the oath of 18 George HI. 30, to pre vent all doubts, or ability to take by de scent or purchase.
As the statute 1 William and Mary, st. 1, c. 18, called the Toleration Act, does not apply to Catholics, or persons deny ing the Trinity, they cannot serve in corporations, and are liable to the test and corporation act. They cannot sit in the House of Commons, nor vote at elec tions, without taking the bath of supre macy ; and cannot present to advowsons, although Jews and Quakers may. But the person is only disabled from present ing, and still continues patron. It seems they may serve on juries, but Catholic ministers are exempted. They also are entitled to attend the British factories and their meetings abroad, and may hold offices to be wholly exercised abroad, and may also serve under the East India Company, or in the army abroad, and the sixtieth regiment is chiefly composed of persons who cannot serve in England, by reason of the officers being many of them Catholics. This account of the state of the laws against Papists is extracted from an able review of them given by Mr. Butler, a Roman Catholic, in his Notes upon Lord Coke's Commentary on Littleton's Tenures, and which is to be found also in Tomlin's Law Dictionary, last edition, title PAPIST.