However, the legislature feared that enough was
not yet done upon this head. The Roman Catholic parent, by selling his
real estate, might in some sort preserve the dominion over his substance
and his family, and thereby evade the operation of these laws, which
intended to take away both. Besides, frequent revolutions and many
conversions had so broken the landed property of Papists in that
kingdom, that it was apprehended that this law could have in a short
time but a few objects upon which it would be capable of operating.
To obviate these inconveniences another law was made, by which the
dominion of children over their parents was extended universally
throughout the whole Popish part of the nation, and every child of every
Popish parent was encouraged to come into what is called a court of
equity, to prefer a bill against his father, and compel him to confess,
upon oath, the quantity and value of his substance, personal as well as
real, of what nature soever, or howsoever it might be employed; upon
which discovery, the court is empowered to seize upon and allocate, for
the immediate maintenance of such child or children, any sum not
exceeding a third of the whole fortune: and as to their future
establishment on the death of the father, no limits are assigned; the
Chancery may, if it thinks fit, take the whole property, personal as
well as real, money, stock in trade, &c, out of the power of the
possessor, and secure it in any manner they judge expedient for that
purpose; for the act has not assigned any sort of limit with regard to
the quantity which is to be charged, or given any direction concerning
the means of charging and securing it: a law which supersedes all
observation.
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