hemselves or their warrant, are empowered to enter and search the
house of any Papist, or even of any other person, whom they suspect to
keep such arms in trust for them. The only limitation to the extent of
this power is, that the search is to be made between the rising and
setting of the sun: but even this qualification extends no further than
to the execution of the act in the open country; for in all cities and
their suburbs, in towns corporate and market-towns, they may at their
discretion, and without information, break open houses and institute
such search at any hour of the day or night. This, I say, they may do at
their discretion; and it seems a pretty ample power in the hands of such
magistrates. However, the matter does by no means totally rest on their
discretion. Besides the discretionary and occasional search, the statute
has prescribed one that is general and periodical. It is to be made
annually, by the warrant of the justices at their midsummer quarter
sessions, by the high and petty constables, or any others whom they may
authorize, and by all corporate magistrates, in all houses of Papists,
and every other where they suspect arms for the use of such persons to
be concealed, with the same powers, in all respects, which attend the
occasional search. The whole of this regulation, concerning both the
general and particular search, seems to have been made by a legislature
which was not at all extravagantly jealous of personal liberty. Not
trusting, however, to the activity of the magistrate acting officially,
the law has invited all voluntary informers by considerable rewards, and
even pressed involuntary informers into this service by the dread of
heavy penalties. With regard to the latter method, two justices of
peace, or the magistrate of any corporation, are empowered to summon
before them any persons whatsoever, to tender them an oath by which they
oblige them to discover all persons who have any arms concealed contrary
to law. Their refusal or declining to appear, or, appearing, their
refusal to inform, subjects them to the severest penalties. If peers or
peeresses are summoned (for they may be summoned by the bailiff of a
corporation of six cottages) to perform this honorable service, and
refuse to inform, the first offence is three hundred pounds penalty; the
second is _praemunire_,--that is to say, imprisonment for life, and
forfeiture of all their goods. Persons of an inferior order are, for the
f