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One not in communion of the Church of England, dying seised of land for which his heir (within age) should have been in ward, lord chancellor, chief judges, &c. after inquisition returned into chancery, may dispuse of the custody to next of kin, of the communion of the Church, to whom the estate cannot defeend.
Such person first entering into recognizance, to use of the heir, to educate in protestant religion, and for management of estate to best advantage, render account at full age, and no waste.
Such disposition effectual against all.
Ravishment of Ward or Trespass may be maintained and damages for the use of the heir.
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XIV. Provided also, and it is hereby further enacted, for the better educating and bringing up of the heirs of such persons in this realm, who, having not been of the communion of the church of England, are dead, or hereafter shall die, their said heirs being under age, that where any person not being of the communion of the church of England, that is to say, frequenting divine service, and not receiving the sacraments according to the form prescribed by the Church of England as aforesaid, is or shall be dead, seized of an estate in any lands, tenements or hereditaments, for which his heir or heirs should have been in ward if this act had not been made, his heir or heirs being under the age of twenty one years at the time of the passing of this act; and also whensoever any person not being of the communion of the Church of England as aforesaid, shall hereafter happen to die seized of such estate in any lands, tenements or hereditaments, for which his heir or heirs should have been in ward if this act had not been made, his heir or heirs being under the age of twenty one years at the time of the death of such ancestor; that in such case it shall and may be lawful to and for the lord chancellor of Ireland for the time being, the two chief justices of either bench in this realm, and chief baron of his Majesties exchequer of this realm for the time being, the master of the rolls and chancellor of his Majesties exchequer for the time being, or any three or more of them, after inquisition duely found, and returned into the chancery of this kingdom, of the death of such person or persons not of the communion of the church of England as aforesaid, and of his heir or heirs being so under age, in such manner as they shall think fit, from time to time to dispose of the custody and tuition of such heir and heirs for and during such time as he or they shall respectively remain under the age of twenty one years, or any lesser time, to any person or persons next of kin to the heir, and to whom the estate cannot by law descend, such person being of the communion of the Church of England: and to the intent and purpose that such heir and heirs may be educated and brought up in the protestant religion, and estates preserved, such person or persons, to whom the tuition and custody of such heir and heirs shall be committed, shall first enter into recognizance to the use of the said heir, with good sureties before the said lord chancellor, the said two chief justices chief baron, master of the rolls, and chancellor of the exchequer, or any three or more of them as aforesaid (which recognizance they are hereby authorised to take accordingly) with condition for the educating and bringing up of the said heir and heirs in the protestant religion, according to the communion of the Church of England, and for the management and disposal of the estates of such heir and heirs to his and their use and best advantage, and for the rendering a just account of the profits of such estates to such heir and heirs when he or they shall come to full age, and for the not committing any waste thereupon: and that such disposition so to be made of the custody of such heir or heirs, shall be good and effectual against all and every person and persons claiming the custody or tuition of such heir or heirs, as guardian in soccage or otherwise; and that such persons, to whom the custody of such heir or heirs shall be disposed as aforesaid, shall and may maintain an action of ravishment of ward or trespass against any person or persons which shall wrongfully take away or detain such heir or heirs, for the recoveries of such heir or heirs, and shall and may recover damages for the same in the said action, for the use and benefit of such heir or heirs.
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