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issues, or profits thereof, or otherwise, shall obtain a verdict and judgment, or a decree thereupon, and shall recover the same, and have execution to be put into the seizin and possession thereof, to hold and enjoy such lands, tenements, and hereditaments, according to the estate, use, trust, interest, or confidence, which such papist or person professing the popish religion, had or should have had therein, had he, she, or they, been qualified to purchase, hold, or enjoy the same: subject nevertheless to all such rents, covenants, and conditions, reservations, and all incumbrances, and portions whatsoever, as the same would have been subject to in the hands of such papist, or in the hands of such person to whom the same were sold or leased in trust for such papist or person professing the popish religion, or to his, her, or their use, benefit, or behoof, and shall also have the full benefit of all such collateral securities, as the party or parties, to whom the same are on shall be made, might have had, if this or the said former act to prevent the further growth of popery had not been made.
XXVIII. Provided nevertheless, and be it enacted by the authority aforesaid, That every papist, and person and persons professing the popish religion, who have in their own names, or in the name of any other person or person whatsoever, or any in trust for them, purchased any lands in fee-simple, or any leases for years or lives, or other estate or interest, other than such lands, tenements, and hereditaments, as were once vested in the late trustees for the sale of forfeited estates in Ireland in possession, reversion, or remainder, and which were afterwards divested out of them the said trustees, and vested in other persons, by any private act of Parliament in England, or Great-Britain; or who have lent any money on mortgages, or purchased in any mortgages in the name of any person or persons in trust for them, other than mortgages of such lands, tenements, and hereditaments, as were once vested in the late trustees for the sale of forfeited estates in Ireland in possession, reversion, or remainder, and which were afterwards divested out of them the said trustees, and vested in other persons, by any private act of Parliament in England or Great-Britain, and have or shall hereafter on or before the twenty fifth day of December one thousand seven hundred and nine become a protestant, and enroll a certificate of the bishop of the diocess, in which he, she, or they respectively inhabit or reside, in the high court of Chancery in Ireland, testifying his, her, or their being a protestant or protestants, and conforming him, her, or themselves to the church of Ireland as by law established, and shall also receive the sacrament of the Lord's Supper according to the usage of the said 209 church of Ireland, and make and subscribe the declaration, and shall also take and subscribe the oath of abjuration, in such manner as is mentioned and expressed in the said act to prevent the further growth of popery; and shall also cause his, her, or their child or children under the age of fourteen years, from the time of such his, her, or their conversion, to be educated in the protestant religion as by law established; the purchase and purchases, mortgage and mortgages, confirmation and confirmations, lease and leases, and all other covenants and agreements made to or by any such papist or person professing the popish religion, or by or to any in trust for him, her, or them, or to his, her, or their use, other than as before expected, shall be as good and effectual in law and equity, as if he, she, or they had been a protestant or protestants at the time of such purchase, mortgage, confirmation, lease, covenant, or agreement so acquired, and made, and not otherwise, to hold and enjoy such lands, tenements, and hereditaments so purchased, mortgaged, confirmed, or leased in such and for such estate as he, she, or they might have had if then a protestant or protestants.
XXIX. Provided that nothing herein, or in any former act past in this kingdom, contained, shall extend or be construed to weaken any estate, right, title, or interest of any protestant purchaser for valuable consideration bona fide from any person, who had purchased in trust for any papist, or from any protestant deriving under such purchaser, not having notice of such trust; any thing in this or the before recited act to the contrary in any wise notwithstanding.
XXX. Provided also, and for the better discovery of such trusts for papists, or persons professing the popish religion, be it further enacted by the authority aforesaid, That it shall and may be lawful for any protestant or protestants to prefer one or more bill or bills in her Majesty's high court of Chancery, or Chancery of the Exchequer, against any person or persons concerned in such sale, lease, mortgage, or incumbrance, and against all persons privy to such trust or confidence for papists or persons professing the popish religion as aforesaid, and to compel such person or persons to discover and detect such trusts and confidences, and to answer to all matters and circumstances relating thereunto, as by such bill or bills shall be required; to which bill or bills no plea or demurrer shall be allowed, but the defendant shall answer the same at large upon oath; which answer shall be good evidence against the defendant in actions to be brought upon this act, as in such cases are usual; and that all issues, to be tried in any action or suit founded upon this act, shall be tryed by none but known protestants.
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XXXI. And whereas by an act of Parliament made in the ninth year of the reign of his late Majesty King William of glorious memory, intituled, An act for banishing all papists exercising any ecclesiastical jurisdiction, and all regulars of the popish clergy out of this kingdom, it is enacted, "That all popish archbishops, bishops, vicars-general, deans, jesuits, monks, fryars, and all other regular popish clergy, and all papists exercising ecclesiastical jurisdiction, should depart out of this kingdom before the first day of May, which was in the year of our Lord one thousand six hundred ninety eight; and if any of the said ecclesiastical persons should be at any time after the said first day of May within this kingdom, they and every of them should suffer imprisonment, and remain in prison without bail or mainprize, till he or they should be transported beyond seas out of her Majesty's dominions, whither his then Majesty, his heirs or successors, or the chief governor or governors of this kingdom for the time being, should think fit:" and whereas it is further enacted by the said statute, "That from and after the nine and twentieth day of December, which was in the year of our Lord one thousand six hundred ninety and seven, no popish arch-bishop, bishop, vicar-general, dean, or any other papist exercising any ecclesiastical jurisdiction not established by the laws of the kingdom, jesuit or fryar, shall come into the kingdom from any part beyond the seas, on pain of twelve months imprisonment, and then to be transported in manner aforesaid:" and whereas by one other act made in the second year of her Majesty's reign, intituled, An act to prevent popish priests from coming into this kingdom, it is enacted, "That every clergyman of the popish religion that shall come into this kingdom at any time after the first day of January, in the year of our Lord one thousand seven hundred and three, shall be and is thereby declared to be liable to such penalties, forfeitures, and punishments, as by the said act for banishing all papists exercising any ecclesiastical jurisdiction, and all regulars of the popish clergy out of this kingdom, is imposed on popish arch-bishops, bishops, vicars-general, deans, jesuits, fryars, or any other papists exercising any ecclesiastical jurisdiction, who shall come into this kingdom contrary to the said act:" and whereas by one other act made in the said second year of her Majesty's reign, intituled, An act for the registering the popish clergy, it is enacted, "That all and every popish priest or priests, who shall not make such return, and enter into such recognizance," as by the said statute is directed, "and be thereof convict at the assizes or general quarter-sessions of such county or counties of cities or
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towns, wherein he or they shall dwell or be apprehended, shall severally be committed to the common goal of the respective counties, cities, or towns, where he or they shall be so convict, there to remain without bail or mainprize till he or they be transported; and that all and every such popish priest or priests, so convict as aforesaid, shall be transported out of this kingdom in like manner as popish regulars, and that all and every such popish priest or priests that shall neglect to register him or themselves," as by the said statute directed, "and shall remain in this kingdom after the twentieth day of July, in the year of our Lord one thousand seven hundred and four, shall be esteemed a popish regular clergyman, and prosecuted as such:" and whereas by one other act made in the sixth year of her Majesty's reign, intituled, An Act for the effectual preventing the taking away and marrying children against the wills of their parents or guardians, it is enacted, "That if any popish priests shall after the first day of November one thousand seven hundred and seven presume to celebrate the marriage of any person contrary to the true intent and meaning of the said statute, or shall celebrate matrimony between any persons, knowing that at the time such marriage they or either of them is of the protestant religion; every such popish priest so offending, and being thereof lawfully convicted, shall be deemed, adjudged, and reputed to be a popish regular, and shall suffer the pains, penalties and forfeitures of a popish regular:" notwithstanding which said statutes, several of the said popish arch-bishops, bishops, vicars-general, deans, jesuits, fryars, priests, convict as aforesaid, and papists exercising ecclesiastical jurisdiction, still remain in this kingdom, and chuse to continue in goal, rather than to procure themselves to be transported, where they do exercise their said pretended ecclesiastical jurisdiction, and officiate as popish priests, and may continue so to do: for remedy whereof, be it enacted by the authority aforesaid, That all and every popish arch-bishop, bishop, vicar-general, dean, jesuit, fryar, and papist, exercising ecclesiastical jurisdiction, and every popish priest, popish school-master, and papists, who, by offending against this or any former act, are or shall be liable to transportation, shall within three months be transmitted by order of the justices of assize, or by order of the justices of the peace in their general quarter-sessions of the peace, to the common goal of the next sea port town, where he, they, and every of them, shall remain without bail or mainprize until transported.
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XXXII. And be it further enacted by the authority aforesaid, That it shall and may be lawful to and for all masters of ships, merchants, and others, to take and receive the body of such popish regular clergyman, such popish priest, and popish school-master, so now lying and remaining in goal, and to be transported, or who may hereafter remain in goal to be transported, and to transport the said person or persons beyond the seas out of her Majesty's dominions of Great Britain and Ireland. And if any merchant freighting any ship outward bound for any place or port, not within either of the kingdoms in Great Britain or Ireland, shall refuse to receive the body or bodies of such popish regular clergyman, or popish priest, or popish school-master, not exceeding five in any one ship, when required so to do by the chief magistrate or his deputy of such place or port, where any such popish person aforesaid shall remain in goal, the collector and collectors, and other officer of her Majesty's customs, are hereby required not to discharge such ship until such merchant so freighting the same, or such master of a ship, shall consent so to do, on pain that such collector so discharging such ship shall forfeit to her Majesty the sum of thirty pounds sterling. And for an encouragement to the said merchant or master of a ship to receive and transport the said person or persons , it shall and may be lawful for the said collector of such port or place to pay, and they are hereby required to pay, to the said merchant or master of a ship the sum of five pounds sterling for the transportation of every such person to any part of the West-Indies, not being subject to her Majesty, and that the sum of three pounds sterling for the transportation of any such person to any place or port in Europe, not being within her Majesty's dominions; the same to be allowed the said collector on his accompts, on producing a receipt of the said merchant or master of a ship acknowledging a receipt of the said sum or sums, and also a receipt acknowledging that he hath received the body of such popish regular clergyman, popish priest, or popish school-master; in which receipt shall be exprest the name of such person so to be transported, and the place where the said person did last inhabit or reside, and the time the said person hath remained in goal, and from what county-goal he hath been transmitted to the said port or place; which receipts shall be testifyed by the chief magistrate or his deputy of such port or place; and which receipt herein last mentioned shall be enrolled in the crown-office of her Majesty's court of chief place in Dublin without fee or reward, there to remain of record.
XXXIII. And be it further enacted by the authority aforesaid, That if any such popish regular clergyman, popish priest, or popish
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school-master, who shall be found in this kingdom out of the custody of the said merchant or master of a ship so receiving the said person, he shall be deemed and taken to be, and shall suffer such pains, penalties, and forfeitures, as are indicated on any popish regular clergyman, who hath been banished and returned again into this kingdom by the laws and statutes of this realm; and the said merchant, or master of a ship, shall at the time of receiving the said sum or sums from the collector, and receiving the body of such popish regular clergyman, popish priest, or popish school-master, enter into a recognizance to her Majesty, her heirs and successors, in the penalty of fifty pounds, to transport the said popish person into some place not within this kingdom, or the kingdom of Great Britain, or the dominions thereunto belonging; which recognizance shall be entered into by the said merchant, or master of a ship, at the time of the receipt of the respective sum or sums of five pounds and three pounds, before the chief magistrate of the said town, port, and place; and the collector, by whom the said sum shall be paid, shall produce and deliver the said recognizance to the commissioners of her Majesty's revenue, when he shall account for the payment of the said sum; which recognizance shall by the said commissioners be returned into the crown-office of her Majesty's chief place at Dublin, for which no fee or reward shall be paid.
XXXIV. And whereas by the laws of this land, papists are not qualified to keep any horse or mare, or gelding, of above five pounds value, which by experience is found prejudicial so far forth as the same relates to stud-mares: for remedy whereof, be it enacted by the authority aforesaid, That no stud-mare kept for breeding only, nor stallion kept as such and for no other use, shall be deemed or taken to be within the intention of the act, intituled, An act for the better securing the government by disarming papists, but that every papist and reputed papist may keep such stud-mares and stallions, notwithstanding the said act, or any law to the contrary, and the breed or produce thereof under the age of five years, and not otherwise.
XXXV. Provided nothing in this act shall extend to the hindering the lord lieutenant, or other chief governors of this kingdom for the time being, from seizing and securing any horse, mare, or gelding belonging to any papist, or reputed papist, upon any invasion likely to happen, or in any case of intestine war broke out, or likely to break out; any thing herein contained to the contrary notwithstanding.
XXXVI. And be it further enacted by the authority aforesaid, That in case the lord lieutenant, lords justices, or chief governor or governors of this kingdom, shall see cause, or order any
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horse or mare so seized to be delivered back to the owner, or person from whom any horse or mare was so taken, that it shall and may be lawful for every person, having or keeping such horse or mare in his custody by vertue of the authority aforesaid, to keep or detain the same until the owner, or person from whom the same was taken, shall pay the sum of six pence for every night the said person did keep any such horse or mare by virtue of the authority aforesaid.
XXXVII. And be it further enacted by the authority aforesaid, That no papist or papists, who are or shall be permitted to follow any trade, craft, or mystery in this kingdom, shall hereafter take or keep more than two apprentices at a time in any such trade, craft, or mystery, (except the hempen or flaxen manufacturer) and that for no less a term of apprenticeship than seven years; and that whatever papist shall offend therein by keeping more than two apprentices, or by taking or keeping apprentices for a less term than seven years, such papist shall forfeit the sum of one hundred pounds for every such offense, to be recovered by such person who shall sue for the same, in such manner as the several forfeitures, exceeding the sum of ten pounds, herein before mentioned are to be recovered.
XXXVIII. Provided always, and be it further enacted by the authority aforesaid, That nothing in this act contained, or in any other act made in this kingdom since the passing of an act of Parliament in England, intituled, An act for the relief of colonel Henry Luttrel, with relation to the forfeited estates in Ireland, shall prejudice, affect, defeat, or take away any estate, right, title, or interest in law or equity, which the said Henry Luttrel, who is adjudged within the article of Limerick, had or hath to or in the manor, castle, town, and lands of Luttrelstown, and other lands, tenements, and hereditaments in this kingdom, the estate of the family of the Luttrels; which were by letters patents, and for the considerations in the said act and letters patents mentioned, granted by his Majesty King William the third of glorious memory, to major Walter Delamer and his heirs in trust for the said Henry Luttrel and his heirs; which letters patents are hereby confirmed, and the said Henry Luttrel is hereby enabled, and made, and declared capable, to dispose of, settle, or devise, assure, convey, lease, charge, or incumber the said lands, tenements, hereditaments, and estates, every or any part thereof, with or without the said Walter Delamer, or his heirs, in such manner, and to such person or persons, as to him the said Henry Luttrel it shall seem fit and convenient; any thing in this act, or in any the above mentioned acts, contained to the contrary notwithstanding: subject nevertheless to all such chief-rents, crown-
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rents, and other rents, as are issuing or payable out of the premisses to the Queen Majesty, her heirs and successors, or to any other person or persons whatsoever: and saving and reserving to all and every person or persons, bodies politick or corporate, their heirs, executors, administrators, or successors, all such right, title, and interest, charge, incumbrance, claim, and demand whatsoever in law or equity, which they, every or any of them, have in, to, or out of the said premisses, or any part thereof; excepting always out of this provisoe all rectories impropriate, with the tithes, oblations, obventions, advowsons of vicaridges, and all other things thereunto severally and respectively belonging, which did at any time heretofore belong, or were reputed to belong, or appertain to, or were at any time enjoyed, used, or held, as part or parcel of the said estate of the family of the Luttrels; to all or any of which rectories, impropriate tythes, oblations, obventions, advowsons of vicaridges, and all other things thereunto severally and respectively belonging, the title of the said Henry Luttrel is to stand, remain, and be of the same, and no greater or other force, than as before the making of this act.
XXXIX. And whereas Oliver Martin of Tulliry in the county of Galway, esquire, was during the late rebellion in this kingdom a person, who behaved himself with great moderation, and was remarkably kind to numbers of protestants in distress, many of which he supported in his family, and by his charity and goodness saved their lives, and in great measure preserved their effects: be it therefore provided and enacted by the authority aforesaid, That the said Oliver Martin may have, hold, and enjoy all his estate, right, title, and interest in law or equity, to him and his heirs, which he and they now have, or may have, by descent in this kingdom; and he is hereby enabled and declared to be capable in every respect to have, hold, and enjoy the same, and to dispose and settle the same on his eldest son and the heirs males of the body of such eldest son; which settlement and disposition is hereby declared good and valid; any thing in the act to prevent the further growth of popery, or in this present act, contained to the contrary notwithstanding; subject nevertheless to all such estates, interests, and demands, that all and every person or persons, who now is or are, or hereafter shall be, of the protestant religion, have, or may have in reversion, remainder, or otherwise, to the said estate of the said Oliver Martin, or any part thereof; and subject to all such chief-rents, quit-rents, and crown-rents, and other rents, as are issuing and payable out of the premisses to the Queen's Majesty, her heirs and successors; and saving and reserving to all and every person or persons, bodies politick or corporate, their heirs, executors, administrators, or suc-
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cessors, all such right, title, and interest, claim, and demand whatsoever in law or equity, which they or any of them have in, to, or out of the premisses or any part thereof.
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