The Ninth Year of William III - Chap. I.
The Ninth Year of William III
An Act for banishing all Papists exercising any Ecclesiastical Jurisdiction, and all
Regulars of the Popish Clergy out of this Kingdom.
Whereas it is notoriously known, that the late rebellions in this kingdom have been contrived, promoted, and carried on by popish arch-bishops, bishops, jesuits, and other ecclesiastical persons of the Romish clergy; and forasmuch as the peace and publick safety of this kingdom is in danger, by the great number of said the arch-bishops, bishops, jesuits, friers, and other regular Romish clergy now residing here, and settling in fraternities and societies, contrary to law, and to the great impoverishing of many of his Majesty’s subjects of this kingdom, who are forced to maintain and support them
which said Romish clergy do not only endeavour to withdraw his Majesty’s subjects from their obedience, but do daily stir up, and move sedition and rebellion, to the great hazard of the ruine and desolation of this kingdom: for the prevention of all which mischiefs, his Majesty is graciously pleased that it be enacted, and be it enacted by the King’s most excellent Majesty, by and with the advice and consent of the lords spiritual and temporal and commons in this present Parliament assembled, and by authority of the same, That all popish archbishops, bishops, vicars-general, deans, jesuits, monks, friers, and all other regular popish clergy, and all papists exercising any ecclesiastical jurisdiction, shall depart out of this kingdom before the first day of May, which shall be in the year of our lord one thousand six hundred ninety eight; and if any of the said ecclesiastical persons shall be at any time after the said first day of May within this kingdom, they, and every of them, shall suffer imprisonment, and remain in prison, without bail or mainprize, till he or they shall be transported beyond the seas, out of his Majesty’s dominions, wherever his Majesty, his heirs or successors, or the chief governor or governors of this kingdom, for the time being, shall think fit; and if any person so transported shall return again into this kingdom, they, and every of them, shall be guilty of high treason; and every person so offending shall for his offence be adjudged a traytor, and shall suffer, lose, and forfeit as in case of high-treason.
II. And be it further enacted by the authority aforesaid, That all and every such popish archbishops, bishops, deans, vicars-general, jesuits, friers, and all other popish regular clergy in this kingdom, shall, before the said first day of May, repair to the city of Dublin, Cork, Kingsale, Youghal, Waterford, Wexford, Gallway, or Carrickfergus, and there remain, until there shall be conveniency of shipping for their transportation into some parts beyond seas, and out of his Majesty’s dominions; every of them, on their first coming into any of the said cities and towns, giving in their names to the mayor, or other chief magistrate, who is hereby required to register the same, and return an account thereof to the clerk of the council within ten days; and that the said mayor, or other chief magistrate of each town, and also the collector and surveyor of the port, shall give their best assistance in transporting every such popish archbishop, bishop, and other popish regular clergyman.
III. And be it further enacted by the authority aforesaid, That from and after the twenty ninth day of December, which
shall be in the year of our Lord God one thousand six hundred and ninety seven, no popish archbishop, bishop, vicar-general, dean, nor any other papist exercising any ecclesiastical jurisdiction, not established by the laws of this kingdom, jesuit, or frier, shall come into this kingdom from any parts beyond the seas, on pain of twelve months imprisonment, and then to be transported in manner aforesaid; and if any such Romish ecclesiastical person, so transported, shall again return into this kingdom, he and they so offending shall be guilty of high reason, and suffer accordingly.
IV. And be it further enacted, That any person, that shall from and after the said first day of May, knowingly harbour, relieve, conceal, or entertain any such popish archbishop, bishop, vicar-general, dean, jesuit, frier, or any other papist exercising any ecclesiastical jurisdiction, not established by the laws of this kingdom, or any regular popish clergy-man, hereby required to depart out of this kingdom in manner aforesaid, or that from and after the said twenty ninth day of December one thousand six hundred ninety seven shall come into this kingdom, contrary to the tenor of this act, shall for the first offence, forfeit the sum of twenty pounds; for the second offence double the said sum; to be levied in manner herein after expressed: and if he shall offend the third time, to forfeit all his lands and tenements of freehold or inheritance, during his life, and also all his goods and chattles: one moiety whereof to his Majesty, his heirs and successors, the other moiety, to such person as shall inform, so as such moiety do not exceed the sum of one hundred pounds, and the surplus of what shall remain, to his Majesty, his heirs and successors; the said forfeiture for such third offence, to be recovered by bill, plaint, information, or action for debt, in any his Majesty’s courts of record at Dublin, or at the assizes in the respective counties.
V. And be it enacted by the authority aforesaid , That upon information on oath to any justice of peace in his respective county against any person or persons, that shall knowingly entertain, succour, relieve, or conceal any such popish archbishop, bishop, jesuit, frier, or other ecclesiastical popish person, contrary to the purport and meaning of this act, the said justice of the peace shall immediately issue a summons in writing under his hand, thereby requiring the person and persons, so informed against, at a certain day and place within the said county where such offence shall be committed, to appear before him and some other justice of the peace of the said county, to answer the said matter laid to his or their charge;
at which time and place the said justices shall in presence of the person or persons accused, or in case of his or their neglect to appear, being duly summoned, proceed to the examination of the said matter; and if it shall appear to them on evidence upon oath, that the person or persons so complained of are guilty, the said justices, shall by warrant under their hands and seals, levy the aforesaid forfeitures of twenty pounds for the first offence, and forty pounds for the second offence, of the goods and chattles of the person or persons offending, by distress, sale, or otherwise, and dispose of one moiety of such forfeitures to the informer or informers, and the other moiety to the treasurer of the county where such offence shall be committed, for the use of the county; and for default thereof, to commit the person offending to the county goal, there to remain without bail or mainprize, until he or they shall pay the said forfeitures and penalties.
VI. And be it further enacted, That no person whatsoever shall, from and after the said twenty ninth day of December, bury any dead in any supprest monastery, abbey, or convent, that is not made use of for celebrating divine service, according to the liturgy of the church of Ireland by law established, or within the precincts thereof, upon pain of forfeiting the sum of ten pounds; which said sum of ten pounds shall and may be recovered from any person or persons that shall be present at such burial, and offending contrary to the tenor of this act; which said forfeitures all and every justices of the peace, in his and their respective counties, are hereby authorized, to hear and determine in manner as herein before is mentioned and declared; one moiety of which said last forfeiture for burying contrary to this act shall be by such justice given unto the informer, and the other moiety to the minister and church wardens of the parish, where any such offences shall be committed, to be disposed of for the use of the parish.
VII. Provided always, That if any person or persons shall think him or themselves aggrieved: by the judgement and determination of such two justices of the peace, that the person and persons so agrieved may appeal from their judgment and determination to the next judges of assize, or to the justices of peace at the next general quarter-sessions, who are hereby impowered to examine the said matter, and give such relief therein as to them shall seem meet.
VIII. And it is further enacted, That all and every justice of the peace shall from time to time issue their warrants for apprehending and committal of all popish archbishops, bishops,
jesuits, friers and other popish ecclesiastical persons whatsoever, that shall remain and continue in this kingdom, contrary to the tenor and meaning of this act; and for suppressing all monasteries, frieries, nunneries, or other popish fraternities or societies.
IX. And be it further enacted by the authority aforesaid, That all and every the justices of the peace in this kingdom shall give an account in writing of their proceedings in execution of this statute, at the next general quarter-sessions for the county in which he shall dwell, which shall be at such quarter-sessions entered and registered.
X. And be it further enacted, That if any justice of the peace, mayor, or other officer shall neglect doing their duty in execution of this present act, every such justice of the peace, mayor, and other officer, shall for every such neglect forfeit the sum of one hundred pounds, to be recovered by action of debt, bill, plaint or information, wherein no protection, essoyn, or wager of law shall be allowed of, nor but one imparlance, one moiety thereof to the King’s Majesty, his heirs and successors, the other moiety to the informer, or person that shall sue for the same, and be disabled from serving as a justice of the peace during his life.
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