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"...within this realm, upon the pain of twenty pounds, and also of being committed to prison without bail or mainprize, for the space of three months for every such offence;" which law hath proved ineffectual; and that notwithstanding the same, many persons of the popish religion do continue to keep publick schools for the instruction of youth, and, when prosecuted by presentment of the grand jury for so doing, do abscond or repair to other counties to keep publick schools, and thereby evade and escape the pains and punishments imposed by the said act: and whereas several protestant school-masters, to encrease the numbers of their scholars, do chuse to combine with such papists, rather than prosecute such popish school-masters, and to elude the said act do entertain such persons professing the popish religion to be ushers, under-masters, or assistants, to teach and instruct youth in learning under such protestant school-masters, who frequently thereby become negligent of their said schools, and leave the instruction of the youth, as well the protestant as popish scholars, to the care and instruction of such popish under school-masters, usher, or assistant, so by them entertained and allowed, whereby popery doth continue to grow and is propagated in this kingdom: for remedy whereof be it enacted by the authority aforesaid, That whatsoever person of the popish religion shall publickly teach school, or shall instruct youth in learning in any private house within this realm, or shall be entertained to instruct youth in learning as usher, under-master, or assistant, by any protestant school-master, he shall be esteemed and taken to be a popish regular clergyman, and to be prosecuted as such, and incur such pains, penalties, and forfeitures, as any popish regular convict is liable unto by the laws and statutes of this realm; and that no person whatsoever after the first day of November one thousand seven hundred and nine shall be qualified to teach or keep school publickly, or teach and instruct youth in learning in any private house, or as usher or assistant to any protestant school-master, who shall not first, or at the next general assizes or general quarter sessions of the peace, to be held for the county where such person shall inhabit, reside, after such person is so entertained, take the oath of allegiance, and make and subscribe the declaration, and take and subscribe the oath of abjuration, as in the said act, against the further growth of popery is directed and expressed: and if any person after the said first day in November one thousand seven hundred and nine shall offend herein, he shall forfeit the sum of ten pounds for every such offence: and if any person shall entertain any one, not qualified as aforesaid, as tutor, under-master, usher, or assistant, he shall forfeit the sum of ten pounds for every such offence: the one
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moiety of which said several forfeitures shall go to the informer, the other moiety (the expence of the prosecution being first deducted) to the use of the poorer of the parish where such offence shall be committed, to be recovered in a summary way by civil bill before the judge or judges of assize in court; and for the county and county of the city of Dublin such forfeitures to be recovered before the justices of the peace at their general quarter-sessions.XVII. And whereas in the second year of her present Majesty's reign a good law past in this present Parliament, intituled, An act to prevent popish priests from coming into this kingdom, which was to continue and be in force for fourteen years, and to the end of the next session of Parliament after the expiration of the said fourteen years, and no longer, which act is fit to be made perpetual: and whereas one other good act passed in the second session of this present Parliament, intituled, An act to explain and amend an act for registering the popish clergy, which was to continue in force to the twenty first of September, which was in the year of our Lord one thousand seven hundred and eight, and to the end of the then next session of Parliament, and no longer, which last mentioned act is also fit to be continued and made perpetual; be it therefore enacted by the authority aforesaid, That the said first mentioned act to prevent popish priests coming into this kingdom, and also the said last mentioned act, intituled, An act to explain and amend an act for registering the popish clergy, be, and they and each of them is, and are hereby made perpetual.
XVIII. And to the end that every popish priest, who at any time before the making of the said act for registering the popish clergy did turn protestant, and all such popish priests who have been registered pursuant to the said act, and have since or shall at any time become protestant, and shall be approved of as converts, and received into the church by the archbishop or bishop of the diocess wherein he or they lived or resided, and conforming him or themselves to the church of Ireland as by law established, and having taken the oaths, and made and subscribed the declaration, in such manner as the conformable clergy to the said church of Ireland are obliged to do, at any quarter-sessions in any county or city as aforesaid; be it enacted by the authority aforesaid, That every such converted priest or priests, or who shall be converted within the term of seven years, to be accounted from and after the said first day of September one thousand seven hundred and nine, shall have and receive the sum of thirty pounds sterling yearly, and every year, and no more, by virtue of this or any former act, during their residence in such county for their maintenance, and until he or they are otherwise provided
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for by some ecclesiastical benefice or curacy of the like or greater value: subject nevertheless to suspension or deprivation of the archbishop or bishop of the diocess wherein he or they shall dwell or reside, in like manner as any of the inferior clergy of this kingdom are subject to: the said sum of thirty pounds to be levied on the inhabitants of such county, or counties of cities or towns, where such converted priest or priests did last reside, in like manner as money is levied, that is charged by grand juries, upon the said counties, or counties of cities or towns, and to be pain him or them by equal parts; that is to say, one moiety at the feast of the annunciation of the blessed virgin Mary, and the other moiety at the feast of St. Michael the archangel in every year; and every such convert or converts shall, and he and they are hereby required, under penalty of forfeiting his or their allowance or allowances as aforesaid, publicky to read the common prayer or liturgy of the church of Ireland, and preach once a week in English or Irish tongue, in such places, at such times, as the said archbishops or bishops shall direct or appoint.
XIX. And be it further enacted by the authority aforesaid, That no popish parish priest shall keep or have any popish curate, assistant, or coadjutor, and that every popish parish priest that shall keep any such popish curate, assistant, or coadjutor, shall lose the benefit of having been registered, and shall incur and suffer all the pains and penalties of a popish regular, and shall be prosecuted as such; and that every such popish curate, assistant, or coadjutor, shall be deemed and taken as a popish regular, and shall be prosecuted and proceeded against accordingly.
XX. And whereas in a Parliament holden in the ninth year of the reign of our sovereign lord King William the third of glorious memory, the statute hereafter mentioned was enacted, An act for banishing all papists exercising ecclesiastical jurisdiction, and all regulars of the popish clergy, out of this kingdom; which act for want of encouragement to discovers, hath proved in a great measure ineffectual; and therefore for the better putting the same, and this present act, and the aforementioned statutes in execution, be it further enacted by the authority aforesaid, That if any person after the first day of September one thousand seven hundred and nine shall discover any arch-bishop, bishop, vicar-general, dean, jesuit, monk, fryer, or any other regular popish clergyman, or any papist exercising ecclesiastical jurisdiction, or any secular popish clergyman who hath not been legally registered, or any popish school-master, or any papist, teaching or instructing youth in private houses as tutor or as usher, under-master, or assistant to any protestant school-master, so as the said regular or secular clergyman or popish school-master, tutor,
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or usher, under-master, or assistant to any protestant school-master, be apprehended and legally convicted, every person making such discovery shall receive as a reward for the same the several sums following: that is to say, the sum of fifty pounds sterl. for every archbishop, bishop, vicar-general, or other person, exercising any foreign ecclesiastical jurisdiction in this kingdom; and the sum of twenty pounds sterl. for each regular clergyman and each secular clergyman, not registered pursuant to the said former act; and the sum of ten pounds sterl. for each popish school-master, tutor, usher, under-master, or assistant, to be levyed on the popish inhabitants of the county, or county of the city or town, where such regular or secular popish clergyman did respectively exercise such foreign jurisdiction, or officiate as a popish priest, and where such popish school-master, tutor, usher, under-master, or assistant, taught or instructed youth, and did most commonly reside, and shall be convicted thereof as aforesaid; the same to be levied in such manner, and on such persons, as money for robberies by a late act against tories, robbers, and rapparees, is to be levyed, where the robbery or burglary is presented by the grand-jury to be committed by papists only; and to be levyed in the county of Dublin, and county of the city of Dublin, in such manner, and on such popish persons, as other publick money is levyed, at the general quarter-sessions of the peace in the said county or county of the said city.
XXI. And for the more effectual discovery of such popish regular clergyman, popish priests, and popish school-masters, tutors, ushers, under-masters, and assistants to protestant school-masters, be it further enacted by the authority aforesaid, That it shall and may be lawful to and for any two justices of the peace, whereof one to be the quorum, by warrant or warrants under their hands and seals directed to any constable or constables within the said county, to summons any popish person of the age of sixteen years or upwards to appear before such justices, at a certain time and place in the said warrant or warrants to be expressed, within three days after the date of the said warrant or warrants, so that the said place of appearance be not above five miles from the habitation of the said person; and if the said person so summoned shall neglect or refuse to appear accordingly, or appearing, shall refuse to give his testimony upon oath where and when he heard or was present at the celebration of the popish mass, as the same is used in the church of Rome, and who celebrated the same, and who and what persons were present at the celebration thereof, and likewise for and touching the being, residence, and abode of any popish regular clergyman, or any such popish secular priest as aforesaid, or any popish school-master, tutor, usher, under-
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master, or assistant to any protestant school-master, who may be disguised, concealed, or itinerant in the country, and also fully answer to all such matters, circumstances, and things for and touching such popish persons offending contrary to this and the former act to prevent the further growth of popery; such person so refusing or neglecting to appear, or to answer as aforesaid, shall be committed by the said justices to the common goal, there to remain without bail or mainprize for the space of twelve months, unless he or she shall pay down a sum not exceeding twenty pounds, to be paid to the minister, church-wardens, and overseers of the poor of the parish where such offender shall inhabit or reside, for the use of the poor of the said parish; who are hereby declares and enacted to be accountable for all such moneys so received by vertue of this act, in such manner as any other moneys received for the use of the said parish are to be accountable for: provided that every examination, to be given in pursuance of this act, shall be for such of the said offences only as were committed within thirty days before such examination, and that no such examination shall subject the party examined to any prosecution, penalty, or forfeiture whatsoever, or be admitted to be given in evidence against the person so examined, unless such person shall be indicted for having committed wilful perjury in such examination; and the person so examined and confessing shall and is hereby discharged of and from any prosecution, or penalties, or forfeitures by him incurred by reason of any offence so confessed as aforesaid, and not otherwise.
XXII. And be it further enacted by the authority aforesaid, That all and every popish priest and priests, who have been registered in pursuance of the said former act for registering the popish clergy, shall take the oath of abjuration before the twenty fifth day of March one thousand seven hundred and ten in one of the Four-courts at Dublin, or at some quarter-sessions to be held for the respective counties, cities, or towns where such popish priest or priests have been registered; and upon neglect or refusal, and after the said twenty-fifth day of March celebrating mass, or officiating as a popish priest, such popish priest shall incur and suffer such pains, penalties, and forfeitures, as a popish regular clergyman convict by the laws and statutes of this realm is liable unto.
XXIII. And forasmuch as many Irish papists in this kingdom at the time when the pretended Prince of Wales, taking upon himself the stile and title of King of England by the name of James the third, did attempt to invade her Majesty's dominions in the north part of Great Britain with a French power, did refuse to give their excellencies the then lords justices and chief 203
governors of this kingdom testimony and assurance of their fidelity and loyalty to her Majesty, and of their affection to her government and the protestant succession as by law established, by taking and subscribing the oath of abjuration as the same is appointed to be taken by an act of Parliament in England, intituled, An act to declare the alteration in the oath appointed to be taken by an act, intituled, An act for the further security of her Majesty's person, and the succession of the crown in the protestant line, and for extinguishing the hopes of the pretended prince of Wales, and all other pretenders and their open and secret abettors, and for declaring the association to be determined: be it further enacted by the authority aforesaid, That it shall and may be lawful to and for any two or more justices of the peace within any county, or county of a city, or county of a town in this kingdom, by warrant or warrants under their and every of their hands and seals directed to any sheriff, constable, or other officer, to summon any man of the age of sixteen years or upwards to appear before such justices, and take and subscribe the oath of abjuration before mentioned; and if the said person so summoned shall neglect or refuse to appear (not having some lawful impediment) or appearing shall refuse to take and subscribe the said oath, being tendered to him by the said justices, then it shall and may be lawful for such justices of the peace to commit such person to the common gaol or house of correction for the space of three months, or until he shall take the said oath, there to remain without bail or mainprize, unless the said offender shall pat down to the justices a sum not exceeding forty shillings sterling, as the said justices shall require (which money shall be paid to the church-wardens or overseers of the poor of such parish or place where such offender shall inhabit or reside) and shall be for ever incapable of obtaining or having any license to carry, have, or keep any arms, and such license (if obtained) is hereby declared to be null and void to all intents and purposes; and from and after the space of three months after such default or refusal it shall and may be lawful for two or more justices as aforesaid to direct their warrant or warrants as aforesaid to summon such offender to appear before them to take and subscribe the said oath; and if the said offender shall neglect or refuse to appear accordingly, or shall appear, and upon tender of the said oath refuse to take and subscribe the same, it shall and may be lawful to and for the said justices of the peace to commit the said offender to goal for the space of six months, unless the said offender shall pay down a sum of money not exceeding ten pounds, nor under five pounds, as the said justices shall require, to be disposed of to the relief of the poor as aforesaid, and the offender to be bound with two sufficient
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sureties, with condition to appear at the next assizes or general goal delivery for the county wherein such offender shall inhabit or reside, or at the general quarter-sessions of the peace in the county of Dublin, and county of the city of Dublin, if he shall be an inhabitant of the said county or county of the said city, and in the mean time to be of the good behaviour; at which assizes or general goal delivery, or general quarter-sessions of the peace, the said oath shall be tendered to the said offender by the justices of the assize in their open assizes, or by the justices of peace at their general quarter-session in the said county of Dublin, and county of the city of Dublin; and if the offender shall refuse to take and subscribe the said oath, he shall incur the penalties of premunire, as be and are exprest in the statute made in the sixteenth year of the reign of Richard the second.
XXIV. Provided always, That whereas there are certain protestant dissenters called Quakers, who scruple the taking any oath, any such Quaker producing a certificate under the hands and seals of fix or more credible men of their society, owning him to be one of them, and two of the subscribers appearing with the person, for whom they certifie, before any justice or magistrate who shall require the same, and he making and subscribing the following declaration, shall be exempted from the several fines and penalties mentioned in this said act.
I A.B. do solemnly and sincerely profess, testify, and declare, That I do believe that in the sacrament of the Lord's Supper there is not any transubstantiation of the elements of bread and wine into the body and blood of Christ, at or after the consecration thereof, by any person whatsoever; and that the invocation and adoration of the Virgin Mary, or any other saint, and the sacrifice of the mass, as they are now used in the church of Rome, are superstitious and idolatrous. And I do solemnly profess, testify, and declare, that I do make this declaration, and every part thereof, in the plain and ordinary sense of the words read unto me, as they are commonly understood by Protestants, without any evasion, equivocation, or mental reservation whatsoever, and without any dispensation already granted me for this purpose by the Pope, or any other authority or person whatsoever, or without any hope of any dispensation from any person or authority whatsoever, or without believing that I am or can be acquitted or absolved of this declaration, or any part thereof, although the Pope, or any other person or persons, or power whatsoever, should dispense with or annul the same, or declare that it was null and void from the beginning.
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I A.B. do solemnly and sincerely acknowledge, testify, and declare, That our Sovereign Lady Queen Anne is lawful and rightful Queen of this realm, and of all other her Majesty's dominions and countries thereunto belonging. And I do solemnly and sincerely declare, that I do believe in my conscience, that the person pretended to be prince of Wales during the life of the late King James, and since his decease pretending to be, and taking on himself, the stile and title of King of England, by the name of James the third, hath not any right or title whatsoever to the crown of this realm, or any other dominions thereunto belonging : and I do renounce and refuse any allegiance or obedience to him. And that I will bear faith and true allegiance to her Majesty Queen Anne; and her will defend to the utmost of my power against all traiterous conspiracies and attempts whatsoever , which shall be made against her person, crown, or dignity. And I will do my best endeavour to disclose and make known to her Majesty, and her successors, all treasons and treaiterous conspiracies, which I shall know to be against her, or any of them. And I do faithfully promise to the utmost of my power to support, maintain, and defend the limitation and succession of the crown, against him the said James, and all other persons whatsoever, as the same is and stands limited by an act, intituled, An act declaring the rights and liberties of the subject, and settling the succession of the crown to her present Majesty and the heirs of her body being protestants: and as the same by one other act, intituled, An act for the further limitation of the crown, and better securing the rights and liberties of the subject, is and stands limitted, after the decease of her Majesty, and for default of such issue of her Majesty, to the princess Sophia, electress and dutchess dowager of Hanover, and the heirs of her body, being protestants. And all these things I do plainly and sincerely acknowledge according to these express words by me the spoken, and according to the plain and common sense and understanding of the same words, without any equivocation, mental evasion, or secret reservation whatsoever. And I do make this recognition, acknowledgment, renunciation, and promise, heartily, willingly, and truly.
XXV. And whereas by an act past in the second year of the reign of her present Majesty , intituled, An act for registering the popish clergy of this kingdom, it is enacted, "That every popish priest in this kingdom shall return his or their names and places of abode to the respective clerks of the peace in the several counties where such popish priest shall dwell or reside, and give sufficient sureties not to remove out of such county where his or their place or places of abode do lie:" and whereas in contempt of the same it is notorious, that several of the said
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popish priests so registered have removed to other counties, and officiated as popish priests in other parishes than where they were registered, and also the sureties taken before the clerks of the peace were either insufficient at the time of the taking thereof, or are become so, or are since dead; and that popish priests meet in great numbers at burials and on other occasions, where they have great opportunity to form designs against the publick peace; and also at other times meeting in great numbers, they have conferred popish holy orders on popish priests, who were not popish priests at the time of the registering the popish clergy of this kingdom, which they perform by laying on of the hands of many of the said popish priests together, to the intent that the party himself so receiving the said holy orders may not know in whom the power of conferring such popish holy orders was lodged: for the more effectual preventing the mischiefs aforesaid, be it enacted by the authority aforesaid, That from and after the first day of September one thousand seven hundred and nine, no popish priest whatsoever shall officiate or exercise the office or function of a popish priest in any parish within any county in this kingdom, but in the parish where the said popish priest did officiate at the time of the registering the popish clergy of this kingdom, and for which parish also he was registered, and in no other parish whatsoever, under the pains, penalties, and forfeitures as any popish regular convict is liable unto by the laws and statutes of this realm; any thing in the said act for registering the popish clergy of this kingdom, or any other act to the contrary in any wise notwithstanding.
XXVI. And whereas by an act of Parliament past in this kingdom in the sixth year of the reign of her present Majesty, it is enacted, "That if any popish priest shall after the time therein expressed, celebrate matrimony between any persons, knowing at the time of such marriage they or either of them is of the protestant religion; that every such popish priest so offending, and being thereof lawfully convicted, shall be deemed, judged, and reputed to be a popish regular clergyman." Now to the end that no popish priest may pretend that he did not know either of the parties, at any time so married by him, to be of the protestant religion, be it enacted by the authority aforesaid, That if any popish priest shall after the first day of September one thousand seven hundred and nine be prosecuted for offending contrary to the said statute, and that it doth appear that the said persons so married, or any one of them, was or were a protestant or protestants at the time of the marriage; it shall be presumed, allowed, and concluded to all intents and purposes, that the said popish priest so accused did celebrate ma-
207 trimony between the said persons, knowing at the time of such marriage that they or one of them were of the protestant religion, unless the said popish priest shall produce and prove a certificate or certificates under the hand and seal, or hands and seals, of the minister or ministers of the parish or parishes, where the parties so married did at the time of the said marriage respectively inhabit or reside, certifying that the said person or persons were not of the protestant religion at the time of the celebration of the said marriage.
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