APPENDIX,

CONTAINING

Several PAPERS, relating to the Matters treated of in the foregoing Pages,

No. I.

Part of the Act for regulating the Government of Quebec. (See Free Thoughts, &c. page 13.)

A

ND, for the more perfect fecurity and cafe of the minds of the inhabitants of the faid province, it is hereby declared, that his Majefty's fubjects profeffing the religion of the church of Rome, of, and in the faid province of Quebec, may have, hold, and enjoy the free exercife of the religion of the church of Rome, fubject to the king's fupremacy, declared and established by an act made, in the first year of the reign of Queen Elifabeth, over all the dominions and countries which then did, or hereafter should belong, to the imperial crown of this realm; and that the clergy of the faid church may hold, receive, and enjoy their accuftomed dues and rights, with refpect to fuch perfons only as fhall profefs the faid religion.

Provided, nevertheless, that it fhall be lawful for his MajeAy, his heirs or fucceffors, to make such provision, out of the reft of the said accustomed dues and rights, for the encouragement of the Proteftant religion, and for the maintenance and fupport of a Proteftant clergy within the faid province, as he or they, fhall, from time to time, think neceffàry and expedi

ent.

Provided always, and be it enacted, that no perfon, profeffing the religion of the church of Rome, and reliding in the faid province, shall be obliged to take the oath required by

the

the faid ftatute paffed in the firft year of the reign of Queen Elifabeth, or any oaths fubftituted by any other act in the place thereof; but that every fuch perfon, who by the faid tatute is required to take the oath therein mentioned, shall be obliged, and is hereby required, to take and fubfcribe the following oath before the governor, or fuch other person, in each court of record, as his Majefty fhall appoint, or hereby authorize, to administer the fame; viz. "I A. B. do fincerely pro"mise and swear, that I will be faithful, and bear true alle"giance to his Majefty King George, and him will defend, "to the utmost of my power, against all traiterous confpira"cies and attempts whatfomever, which fhall be made against "his perfon, crown, and dignity; and I will do my utmost "endeavour to disclose, and make known to his Majefty, his "heirs and fucceffors, all treafons, and traitorous confpiracies "and attempts, which I fhall know to be againft him or any "of them and all this I do fwear, without : any equivocation, "mental evafion, or fecret refervation, and renouncing all par"dons and difpenfations, from any power or perfon whatfoever, to the contrary. So help me," &c.

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And every fuch perfon, who thall neglect or refuse to take the faid oath before mentioned, fhall incar, and be liable to the fame penalties, forfeitures, difabilities, and incapacities, as he would have incurred, and made liable for neglecting or refufing to take the oath required by the faid ftatute paffed in the first year of the reign of Queen Elifabeth.

No. II.

An Abstract of the principal Laws made in Great Britain against

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Popery.

Y the laws of Scotland, particularly Act 2. Parl. 1. A& 51. Parl. 3. A&t 1c6. Parl. 7. A&t 114. Parl. 12. King James VI. the Pope's authority and jurifdiction is condemned, and abolished out of the land; and they ordain the maintainers thereof to be punished.-By the 18th Act, Parl. 16. of James VI. Papifts are declared common enemies of all Chriftian governments; and by Act 47. Parl. 3. James, are to be punished as rebellers, and gainftanders of the fovereign's authority. By the 5th Act, Parl. 5. James, the fayers and hearers of mafs, or fuch as are prefent thereat, are punished by confifcation of all their goods, moveable and immoveable; and an arbitrary punishment of their perfons for the first fault, banishment for the fecond, and death for the third. By the 122d Act, Parl. 12. and others, the fayers of mafs, refetters of Je

fuits,

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fuits, feminary priefts, and trafficking Papists against the King's Majefty, and religion profeffed within the realm, are declared to give juft caufe to infer the crime and pain of treafon; providing how foon they fatisfy the prince and the kirk, the penalty aforefaid fhall not ftrike against the refetter.-By Act 5. Parl. 1. Act 2c. Parl. 12, &c. all erroneous books and Papiftical rites are condemned; and they ordain the importers of them to be punished.-By the 104th Alt, Parl. 7. Ja. VI. by Ja. VI. Parl. 6. cap. 71. perfons, going out of the country for further knowledge of letters, are to have the king's licence, which fhall contain this provifion, that they fhall adhere to the true religion, and do nothing againft it, under the pain of barratry, (which is committed by those who go to Rome to buy benefices, and is punishable by infamy and banishment, Fa. VI. Parl. 1. cap. 2.); and that, within twenty days after their return, they make and give, before their ordinary, the confeffion of their faith as established, or otherways devoid the kingdom within forty days thereafter, or be purfued as adverfaries to the religion.-By Ja. VI. Par. 7. cap. 104. none are to go on pilgrimage to kirks, chaples, croffes, or the like, keep faints days, fing carols within. and about kirks, or obferve other fuperftitious Papiftical rites, under the pecunial pains therein contained, for the first fault, and under the pain of death to the continuers therein-By K. W. Par. feff. 5. cap. 26. no Papift can make any gratuitous difpofition or deed in prejudice of their apparent heirs; declaring fuch difpofition or deed to be null; and that it be judged gratuitous, unlefs the granter, writer, and witneffes, declare upon oath before the judge of the bounds, that it was granted for an onerous adequate caufe.-By K. W. Par. feff. 9. cap. 3. thefe above-mentioned acts are ratified, with all other laws made against Popery and Papifts, efpecially thefe against Jefuits, priests, or trafficking Papifts, and all fayers and hearers of mafs, and concealers of the fame. Item, Whoever feizes any prieft, Jefuit, or trafficking Papift, or their refetters, upon certificate of the conviction of the person seized by the judge, fhall have 500 merks for his reward from the treafury; for which the receiver general may be purfued before the Lords of Seffion. Item, If it be proven that the faid prielt, Jefuit, or trafficking Papift was held in repute fuch, or that he changed his name, and fhall refufe the formula of purgation fubjoined to this act, it fhall be fufficient ground for the council to banish him, never to return a Papilt under pain of death, to be inflicted by the Lords of Jufticiary. Item, If any perfon be Found in any meeting where there is any altar, mafs-book, or other inftruments of Popith fuperftition, and fhall refuse to

purge as above, it fhall be fufficient ground to the council to banish, under any certification they fhall think fit, even to that of death; and whofoever discovers and feizes the faid banished perfon, after his return, fhall have the forefaid reward of 500 merks. Item, The 8th Aft, Par. 1. Car. II. is ratified, and any Proteftant relation, or his Majefty's advocate or folicitor, may purfue for the exhibition and education of children in the keeping of Papifts: and the Lords of Seffion are impowered to modify an aliment out of the children's or their parents means: and it is recommended to prefbyteries to inform in this matter. Item, No Papift profeft, or not purging, can receive any voluntary deed or difpofition, made to him, of any lands, or real rights, or tacks of lands, or teinds; but the fame are declared null, and to remain with the granter, and no action for warrandice or repetition of the price. Item, No Papift paft the age of fifteen years, can succeed either as heir, or by other conveyance from the person to whom he may be heir, until he purge himself of Popery, as above; and, if being educate in the Popish religion, he fucceed, as above, before the faid age, then he fhall be obliged to purge before he attain the fame; and the perfon fo fucceeding, failzieing in either of these cafes, devolves to the next Proteftant heir, who is to be ferved as fuch to the defunct, and to have right to the eftate and rents, from the faid irritancy, ay and while the perfon excluded, or his heir, purge himfelf as above: in which cafe he is to be reponed as before the exclufion; the intervening rents, with the burden of the current annualrents of debts, remaining with the Proteftant fucceffor; but this exclusion to be without prejudice of creditors before the exclufion. Item, No Papift may grant any gratuitous deed in prejudice of his heir, but the fame is declared null, fave as to the affecting the granter's perfon and moveables: fee the forecited 26th Act, sell. 5. K. W. Par. Item, The Proteftant, on whom the fucceffion devolves by the faid exclufion, muft profecute his right within two years, else it falls to the next, and fo on. Item, The Papift and his heir muft renounce Popery within ten years, after the faid irritancy, (minority not reckoned), or is to be excluded for ever; and the eftate, thus devolving, devolves with all its lawful conditions and burdens. Item, No voluntary right by a Papift, in favours of his apparent heir also a Papift, fhall be of force, though prior to this act, unless clad with infeftment or poffeffion, or proceeded in judgment prior thereto. Item, All difpofitions or deeds in favours of cloysters, or other Popifh focieties, are declared void, and to accrefce to the next Proteftant heir to the granter. Item, No adjudication is to expire in the perfon of a Papist, but coming in the perfon

of

of a Proteftant, the legal being run, it expires within year and day thereafter, and no adjudication or real diligence is compe tent to a Papift, upon any gratuitous bond or deed. Item, That the formula of purgation be taken before the council, or before the prefbytery, and reported within forty days to the council. Item, A Proteftant, apoftatifing to Popery, forfaults his eftate immediately to his next heir, being Proteftant, as if he were dead; and this next heir, if in pupillarity, is to be reckoned Proteftant, if his education be fuch; or, if it be Popifh, he is excluded until he purge as above. Item, That no fufpected Papift be capable of any truft of the perfon or affairs of minors, and that none employ them in fuch trufts, until they purge as above, under the pain of a year's valued rent, or icco merks, if the valued rent be lefs. Item, No fufpected Papift may teach any science, art, or exercife in families, or outwith; nor may a Proteftant have a Popish domeftic fervant, under the pain of 500 merks, which may be pursued by any Proteftant, and, upon conviction, to have the fame for reward. By the 28th At, fell 6. of K. William's Parl. whoever perverts a Proteftant fubject to Popery fhall be proceeded against as a trafficking prieft: that a Proteftant fervant, turning Papist in a Popish family, be punished as an apoftate; and the mafter, when required, is obliged to dismiss that fervant, never more to be received by him, or any other Popish mafter, under pain of L. Ice; and that Popish mafters allow their fervants due liberty to attend worship and catechifing, under the faid pain, and that thefe fervants ufe that liberty, under the pain of being banished the parish.-By the declaration of the eftates, containing the Claim of Right, 1689, it is declared, that, by the law of that kingdom, no Papift can be king or queen of this realm, nor bear any office whatsoever therein.

The English laws against Papifts were materially the fame with thofe of Scotland, before the late repeal; particularly in the whole heads and particulars of the act of K. Will. for preventing the growth of Popery.-By the 27th of Eliz. c. 2. no Jefuit or Popish prieft fhall come into, or be in the realm, on pain of high treafon, unless he conform; and any perfon knowingly receiving or relieving fuch, is guilty of felony without benefit of clergy.-By the ftatute of 3d Ja. c. 4. if any perfon fhall put in practice to reconcile any fubjects to Popery, or if any perfon fhall be willingly fo reconciled, he, his aiders and maintainers, fhall be guilty of high treafon.By the 23d of Eliz. c. 1. and feveral fubfequent acts, perfons hearing or faying mafs were liable to forfeitures and imprisonment. By feveral ftatutes of Edw. VI. Eliz. and Ja. I.

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perfons