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The Second Year of Anne

A.D. 1703

Chap. VI.

An Act to prevent the further growth of Popery



Whereas divers emissaries of the church of Rome, popish priests, and other persons of the perswasion, taking advantage of the weakness and ignorance of some of herMajesty's subjects , or the extream sickness and decay of their reason and senses, in the absence of friends and spiritual guides, do daily endeavour to perswade and pervert them from the protestant religion, to the great dishonour of Almighty God, the weakening of the true religion, by his blessing so happily established in this realm, to the disquieting the peace and settlement, and discomfort of many particular families thereof: and in further manifestation of their hatred and aversion to the said true religion, many of the said persons, so professing the popish religion in this kingdom, have refused to make provisions for their



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own children for no other reason but their being of the protestant religion; and also have by cunning devices and contrivances found out ways to avoid and elude the intents of an act of Parliament, made in the ninth year of the reign of the late King William the third for preventing protestants inter-marrying with papists; and of several other laws made for the security of the protestant religion: and whereas many persons so professing the popish religion have it in their power to raise divisions among protestants, by voting in elections for members of Parliament, and also have it in their power to use other ways and means tending to the destruction of the protestant interest in this kingdom; for remedy of which great mischiefs, and to prevent the like evil practices for the future, be it enacted by the Queen'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 if any person or persons from and after the twenty fourth day of March, in this present year of our Lord one thousand seven hundred and three, shall seduce, perswade, or pervert any person or persons professing, or that shall profess, the protestant religion, to renounce, forsake, and abjure the same, and to profess the popish religion, or reconcile him or them to the church of Rome, then and in such case every such person and persons so seducing, as also every such protestant and protestants, who shall be so seduced, perverted, and reconciled to popery, shall for the said offences, being thereof lawfully convicted, incur the danger and penalty of premunire, mentioned in the statute of premunire made in England in the sixteenth year of the reign of King Richard the second; and if any person or persons being a papist, or professing the popish religion, shall from and after the said twenty fourth day of March send, or cause, or willingly suffer, to be sent or conveyed any child under the age of one and twenty years, except sailors, ship-boys, or the apprentice or factor of some merchant in trade of merchandize, into France, or any other parts beyond the seas, out of her Majesty's dominions, without the special license of her Majesty, her heirs or successors, or of her or their chief governor or governors of this kingdom, and four or more of her or their privy council of this realm, under their hands in that behalf first had and obtained, he, she, and they, so sending or conveying or causing to be sent or conveyed away, such child, shall incur the pains , penalties, and forfeitures mentioned in an act made in the seventh year of his late Majesty King William, intituled, An Act to restrain foreign education.


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II . And forasmuch as by the said act to restrain foreign education , justices of the peace are required, upon oath to them made of the withdrawing of any child beyond the seas, to proceed further, as by the said act they are directed; which oath it is not probable can be made by any protestant or protestants, who are strangers to such private transactions in popish families, when yet by the absence of such child there may be reasonable ground of suspicion of his or her having been sent away into parts beyond the seas; be it further enacted by the authority aforesaid, That where any of the judges of her Majesty's courts of Queen's-bench, Common pleas, or barons of the Exchequer, or any two of the justices of the peace of any county of this kingdom, shall have reasonable cause to suspect that any such child, except before excepted, and also except such child or children as shall be sent abroad with such license as aforesaid, has been sent abroad into foreign parts, he and they are hereby required and directed to convene the father or mother, or such other relation, guardian, or other person or persons, as had the tuition, education, or care of the said child, and shall require him, her, or them, to produce or bring before him or them the said child within two months from and after such convening; and if such person or persons shall not produce and bring before the said judge or justices of the peace such child within the said time, or show reasonable cause for the obtaining further time for the same till the next following quarter-sessions of the county, wherein such person or persons shall reside, or shall not give good proof that the said child is resident some where within this kingdom, or within the kingdom of England or Scotland, and not in parts beyond the seas, that then such child shall be deemed and taken to be then educated in foreign parts contrary to the aforesaid act, and shall incur all the penalties and disabilities in and by the said act mentioned and prescribed.

III . And to the end that no child or children of popish parent or parents, who have professed or embraced, or who shall profess or embrace, the protestant religion, or are or shall be desirous or willing to be instructed and educated therein, may in the life time of such popish parent or parents, for fear of being cast off or disinherited by them, or for want of a fitting maintenance or future provision, be compelled and necessitated to embrace the popish religion, or be deterred or withheld from owning or professing the protestant religion; be it further enacted by the authority aforesaid, That from and after the said twenty fourth of March, one thousand seven hundred and three, upon complaint in the high court of Chancery by bill founded on this act against such popish parent, it shall and may be lawful for



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the said court to make such order for the maintenance of every such protestant child, not maintained by such popish parent suitable to the degree and ability of such parent, and to the age of such child, and also for the portion of every such protestant child, to be paid at the decease of such popish parent, as that court shall adjudge fit, suitable to the degree and ability of such parent; and in case the eldest son and heir of such popish parent shall be a protestant, that then from the time of the inrolment in high court of Chancery of a certificate of the bishop of the diocess, in which he shall inhabit, testifying his being a protestant, and conforming himself to the church of Ireland as by law established, such popish parent shall become, and shall be, only tenant for life of all the real estate, whereof such popish parent shall be then seized in fee-tail or fee-simple, and the reversion in fee shall be vested in such eldest son being a protestant; subject nevertheless to all such debts and real incumbrances at the time of the inrolment of such certificate charging such estate, and subject also to such maintenances and portions for the other children, as well protestants as papists of such popish parent then born, or after to be born, as the said court of Chancery in manner aforesaid shall order for them respectively; such portions not to exceed the value of one third part of the inheritance of such estate, which shall be held and enjoyed accordingly, discharged of all voluntary settlements made by such parent, and also of all sales and incumbrances made by him after such inrolment of such certificate: and the said court of Chancery is hereby required to take care that distinct rolls be kept for inrolment of such certificates, which shall publickly hang up or lie in some publick office or place belonging to the said court, for the purpose by the said court to be appointed, where all persons may at all seasonable times resort to and peruse the same without fee or reward; and for the inrolment of each and every such certificate the sum of six pence, and no more, shall be paid.

IV . And that care may be taken for the education of children in the communion of the church of Ireland as by law established; be it enacted by the authority aforesaid, that no person of the popish religion shall or may be guardian unto, or have the tuition or custody of, any orphan, child or children, under the age of twenty one years; but that the same, where the person having or intitled to the guardianship of such orphan, child or children, is or shall be a papist, shall be disposed of by the high court of Chancery to some near relation of such orphan, child, or children, being a protestant, and conforming himself to the church of Ireland as by law established, to whom the estate cannot defend, in case there shall be any such protestant relation fit



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to have the education of such child; otherwise to some other protestant conforming himself as aforesaid, who is hereby required to use his utmost care to educate and bring up such child or minor in the protestant religion until the age of twenty one years: and the said court of Chancery is hereby impowered and required, and by virtue of this act it shall and may be lawful for the said court, to make such order for the educating in the protestant religion the child and children of any papist, where either the father or the mother of such child or children is or shall be a protestant till the age of eighteen years of every such child, as to that court shall seem meet; and in order thereto to limit and appoint where, and in what manner, and by whom, such child or children shall be educated; and the father of such child or children shall pay the charges of such education as shall be directed by the said court; and such child or children shall and may be taken from such popish parent for education according to such order: and if any person or person, being a papist or professing the popish religion, shall take upon him or them the guardianship or tuition of any orphan, child, or child, contrary hereunto, he and they, so taking upon him or them the guardianship or tuition of any such child, shall forfeit the sum of five hundred pounds to be recovered by action of debt, bill, plaint or information, wherein no protection, essoigne, or wager of law shall be allowed, or but one imparlance; the whole benefit of the said forfeitures to be, and is hereby, given to the Blue-coat hospital in the city of Dublin.

V . And be it further enacted by the authority aforesaid, That if any protestant or protestants, having any estate or interest real or personal within this kingdom, shall, at any time from and after the twenty fourth day of March next, intermarry with any papist or person professing the popish religion, either within this kingdom, or in any parts out of this kingdom, such person or persons, being thereof convict by indictment or information, shall be liable to and incur all the penalties and disabilities in an act made in the ninth year of his said late Majesty's reign, intituled,An Act to prevent protestants intermarrying with papists, as if such protestant or protestants had actually intermarried with such papist or papists in any part of this kingdom; and the said offence shall be tryed in any county within this kingdom, wherein the offender hath any estate or chattles real, or in the city of Dublin; provided, that the certificate of a protestant minister by whom any person shall be married out of this kingdom, attested by a publick notary, containing the matter to be certified by the said former act by the persons therein mentioned, shall be sufficient and in lieu of the certificate required by the said former act.



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VI. And be it further enacted by the authority aforesaid, That every papist, or person professing the popish religion, shall from and after the said twenty fourth day of March be disabled, and is hereby made incapable, to buy and purchase either in his or their own name, or in the name of any other person or person to his or her use, or in trust for him or her, any mannors, lands, tenements or hereditaments, or any rents or profits out of the same, or any leases or terms thereof, other than any term of years not exceeding thirty one years, whereon a rent not less than two thirds of the improved yearly value, at the time of the making such leases of the tenements leased, shall be reserved and made payable during such term; and that all singular estates, terms, or any other interests or profits whatsoever, other than such leases, not exceeding thirty one years as aforesaid, of, in, or out of such lands, tenements, or hereditaments, from and after the said twenty fourth day of March, to be bought and purchased by or for the use or behoof of any such papist, or person or persons professing the popish religion, or upon any trust or confidence mediately or immediately to or for the benefit, use, or advantage of any such person or persons professing the popish religion, shall be utterly void and of none effect to all intents, constructions, and purposes whatsoever.

VII . And be it further enacted by the authority aforesaid, That from and after the first day of February, in this present year of our Lord one thousand seven hundred and three, no papist, or person professing the popish religion, who shall not within six months after he and she shall become intituled to enter, or to take, or have the profits by descent, or by vertue of any devise or gift, or of any remainder already limited, or at any time hereafter to be limited, or by vertue of any trust of any lands, tenements, or hereditaments, whereof any protestant now is, or hereafter shall be, seized in fee simple absolute, or fee-tail, or in such manner that after his death, or the death of him and his wife, the freehold is to come immediately to his son or sons, or issue in tail, if then of the age of eighteen years, or if under, within six months after he shall attain that age, until which time from his being so intituled he shall be under the care of such protestant relation or person conforming himself as aforesaid, as shall for that purpose be appointed by the high court of Chancery for his being educated in the protestant religion, become a protestant, and conform himself to the church now established in this kingdom, shall take any benefit by reason of such descent, devise, gift, remainder, or trust, but from thenceforth during the life of such person, or until he or she do become a protestant, and conform as aforesaid, the nearest protestant relation or relations, or other pro-



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testant or protestants, and his and their heirs, being and continuing protestants, who shall and would be intituled to the same in case such person professing the popish religion, and not conforming as aforesaid, and all and other intermediate popish relations and popish persons were actually dead; and his and their heirs shall have and enjoy the said lands, tenements, and hereditaments, without being accountable for the profits to be received during such enjoyment thereof; subject nevertheless to such charges, other than such as shall be made by such disabled person, and in such condition as the disabled person would have held and enjoyed the same; the children of papists being to be taken to be papists, till they shall by their conformity to the established church appear to be protestants; and also subject to such maintenance as the lord chancellor, lord keeper, or commissioners of the great seal of Ireland, for the time being shall think fit to allow to the children of such papist, until such children attain their respective ages of eighteen years.

VIII. Provided always, That if any papist or papists, that would be intituled to the same by vertue of this act on the disability incurred by any other papist, shall after become protestant, and conform as aforesaid, from such his conformity such conforming person and his heirs, being and continuing protestants, shall be intituled as he would have been if he had been a protestant when the disability fell on such other papist; and the person or persons so enjoying the same by vertue of this act shall and may lawfully demise and lease the same, or any part thereof, for twenty one years or less without fine, reserving the best improved rent, that can be got for the same at the time of leasing thereof, or otherwise make or renew leases of the same, in such manner as the disabled person might or ought to do by vertue of any power, only enabling him so to do; and that such leases shall be good and effectual against the disabled person, and all others to claim after him; any law or usage to the contrary thereof notwithstanding: and in case any wilful wast shall be committed on the said lands, tenements, and hereditaments by the person so having and enjoying the same, or any other of his or her license or authority, the party disabled, his or her executors or administrators, shall and may recover full damages for the same against the person committing such wast, his or her executors or administrators, by action of debt in any of her Majesty's courts of record in Dublin.

IX . Provided nevertheless, That the wife of such person so disabled, being a protestant, shall have and be intituled to her dower and thirds at the common law, as she would have been if this act had not been made.



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X . And be it further enacted by the authority aforesaid, That all lands, tenements, or hereditaments, whereof any papist now is, or hereafter shall be, seized in fee-simple or fee-tail, shall from henceforth, so long as any papist shall be seized of or intituled to the same in fee-simple or fee-tail, be of the nature of gavelkind; and if not sold, aliened, or disposed of by such papist in his life time for good and valuable consideration of money really and bona fide paid, shall for such estate from such papist descend to, and be inherited by, all and every the sons of such papist any way inheritable to such estate, share and share alike, and not descend on or come to the eldest of such sons only, being a papist, as heir at law; and shall in like manner from such respective sons, being papists, descend to and be inherited by all and every the sons of such sons, share and share alike, and not descend to the eldest of such sons, being a papist, as heir at law only; and that for want to issue male of such papist, the same shall descend to all his daughters any way inheritable to such estate in equal proportions; and for want for such issue, among the collateral kindred of such papist, of the kin of his father, any way inheritable to such estate in equal degree; and for want of such kindred, to the collateral kindred of such papist of the kin of his mother, any way inheritable to such estate, and not otherwise; notwithstanding any grant, settlement, or disposition by will or otherwise, that shall be made by such papist, otherwise than such sale, alienation, or disposition, to be made by such papist as aforesaid; subject nevertheless to all such debts and real imcumbrances at the time of the decease of such papist charging such estate.

XI . Provided nevertheless, it shall and may be lawful to and for such papist to charge such his estate with reasonable maintenances and portions for his daughters, to be raised and paid in such manner as he shall direct.

XII . Provided always , That if the eldest son or heir at law of such papist shall be a protestant at the time of the decease of such papist, whose heir he shall be, such certificate of such eldest son, being a protestant, not having been enrolled in the life of such papist, the lands, whereof such papist shall be so seized, shall descend to such eldest son or heir at law according to the rules of the common law of this realm, so as such certificate of the bishop's as aforesaid, be inrolled within three months after the decease of such papist in the said court of Chancery; subject nevertheless to such debts and real incumbrances at the time of the decease of such papist charging such estate : and if the eldest son or heir at law of any such papist, who shall at the time of decease of such papist, whose heir he is, be of the age of one and twenty years, shall become a protestant and conform himself



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to the church of Ireland, as by law established, within one years after such decease of such papist, or being then under the age of one and twenty years, shall within one year after he shall attain that age become a protestant, and conform himself as aforesaid, that then from the time of the inrolment in the court of Chancery of the certificate of the bishop of the diocess, in which he shall inhabit, testifying his being a protestant, and conforming as aforesaid, in manner aforesaid, such inrolment being made within such year, he shall be intituled to, and shall have, and enjoy from thenceforth the whole real estate of such papist, as he might have done if he had been a protestant at the time of the decease of such papist, whose heir he is; notwithstanding any grant, settlement, or disposition by will or otherwise, that shall be made by such papist, other than such sale, alienation, or disposition, to be made by such papist as aforesaid; subject nevertheless to such debts and real incumbrances at the decease of such papist charging such estate: and in every case where such eldest son shall be intituled as aforesaid by reason of his being a protestant, such real estate shall be chargeable and charged with such sum and sums of money for the maintenance and portions of the daughters and younger sons of such papist, as the court of Chancery shall direct and appoint to be raised for them, and shall be raised and paid according to such direction; such portions not to exceed the value of one third part such estate.

XIII . Provided always, That such lands, tenements, and hereditaments, when and during such time as any protestant shall be seized thereof in fee-simple or fee-tail, shall from such protestant be descendable according to the rules of the common law of this realm, and not otherwise.

XIV. And be it further enacted, That all debts and other real incumbrances, that do, may, or shall, before the first day of February one thousand seven hundred and three, charge or incumber any real estate of any papist within this kingdom, shall on or before the first day of June, that will be in the year of our Lord one thousand seven hundred and four, be inrolled in the court of Exchequer in rolls for that purpose to be appointed by the said court; which rolls shall be kept in some publick office or place belonging to the said court, to be appointed by the said court for that purpose, where all persons may at all seasonable times resort to and have the perusal of the same; and in default of such inrolment of such debt and incumbrances, the same shall not charge any lands of such papist, when and during such time as the same shall belong to a protestant; and also that all debts and incumbrances to be contracted and made after the said first day of February one thousand seven hundred and three, that shall or may



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charge or incumber any real estate of any papist, shall within six months next after the making thereof be inrolled in the said court of Exchequer in rolls in like manner to be appointed and to be kept, resorted to, and perused as aforesaid; and in default of such inrolment of such incumbrance, the same shall not charge the lands of any papist, when and during such time as they shall belong to a protestant.

XV. Provided always, that no person shall take benefit by this act as a protestant within the intent and meaning hereof, that shall not conform to the church of Ireland as by law established, and subscribe the declaration, and also take and subscribe the oath of abjuration following, viz.

I. A.B. do solemnly and sincerely, in the presence of God, 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 or 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 so solemnly, in the presence of God, profess, testify, and declare, that I do make this declaration, and every part there of, 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 dispensation from any person or authority whatsoever, or without believing that I am, or can, be acquitted before God or man, 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.

I A.B. do truly and sincerely acknowledge, profess, testify, and declare in my conscience, before God and the world, 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 upon himself the style 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 the dominions thereto belonging : and I do renounce, refuse, and abjure, any allegiance or obedience to him. And I do swear, that I will bear



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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 traiterous 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 limited, after the decease of her Majesty, and for default of issue of her Majesty, to the princess Sophia, electoress and dutchess of Hanover, and the heirs of her body being protestants. And all these things I do plainly and sincerely acknowledge and swear, according to these express words by me 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, abjuration, renunciation, and promise, heartily, willingly, and truly, upon the true faith of a Christian.

So help me God.

XVI. And be it further enacted, That all and every person and persons whatsoever, as well peers as commoners of this kingdom, who shall bear any office or offices civil or military, or shall receive any pay, salary, fee, or wages belonging to, or by reason of, any office or place of trust by reason of any patent or grant from her Majesty, or any of her Majesty's predecessors, or shall have command or place of trust from or under her Majesty, or any of her predecessors, or by her or their authority, or by authority derived from her or them, within the realm of Ireland, on the first day of Easter-term, which shall be in the year of our Lord one thousand seven hundred and four, every such person or persons shall personally appear before the end of the said term, or in Trinity term then next following, in her Majesty's high court of Chancery, or in her Majesty's court of Queen's-bench, court of Common-pleas, or court of Exchequer, and then in publick and open court, between the hours of nine of the clock and twelve in the forenoon, take the several oaths, and publickly make and repeat the declaration, appointed or required to be taken, made, or



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subscribed within this kingdom, in and by an act of Parliament made in England in the third year of the reign of their late Majesties King William and Queen Mary, intituled, An Act for the abrogating the oath of supremacy in Ireland, and appointing other oaths; and also shall at the same time take the oath of abjuration appointed to be taken by an act of Parliament made in England in the first year of her present Majesty's reign, intituled, An Act to declare the alterations in the oath appointed to be taken by the 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:] unto which oaths and declaration, so taken, every person so taking the same shall subscribe his name or make his mark; and during the time of taking thereof by the said person and persons all pleas and proceedings in the said respective courts shall cease: and that all and every of the said respective persons and officers, not having taken the said oaths in one of the said respective courts, and subscribed the same and the said declaration as aforesaid, shall on or before the first day of August one thousand seven hundred and four, at the general quarter-sessions for the county, barony, or place where he or they shall be, inhabit, or reside, on the twentieth day of May one thousand seven hundred and four, take the said oaths, and make and repeat the said declaration, and subscribe his name, or make his mark under the said oaths and declaration in open court, between the said hours of nine and twelve of the clock in the forenoon: and the said respective officers aforesaid shall also receive the sacrament of the Lords' Supper, according to the usage of the church of Ireland, before the first day of August in the year of our Lord one thousand seven hundred and four, in some parish church upon some Lord's day, commonly called Sunday, immediately after divine service and sermon.

XVII. And be it further enacted by the authority aforesaid, That all and every person and persons, that shall be admitted, entered, placed, or taken into any office or offices, civil or military, or shall receive any pay, salary, fee, or wages belonging to or by reason of any office or place of trust, by reason of any patent or grant from her Majesty, or shall have command or place of trust from or under her Majesty, or any of her predecessors or successors, or by her or their authority, or by authority derived from her or them, within this realm of Ireland, after the first day of Easter-term aforesaid, shall take the said oaths and repeat the said declaration, and subscribe the said oaths and declaration, in one of the said respective courts in the next term, or at the general



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quarter-sessions for that county, barony, or place, where he or they shall reside, next after his or their respective admittance or admittances into any such office or offices as aforesaid, after such his or their admittance or admittances into the said office or offices, imployment or imployments aforesaid, between the hours aforesaid, and no other; during which time all proceedings shall cease aforesaid: and that all and every such person or persons to be admitted after the said first dayof Easter-term as aforesaid, not having taken the said oaths in one of the said courts, and subscribed the same and the said declaration as aforesaid, shall in the next term, or at the general quarter-sessions for that county, barony, or place, where he or they shall reside, next after such his or their respective admittance or admittances into any of the said respective offices or imployments aforesaid, after such his or their admittance or admittances into the said office or offices, imployment or imployments aforesaid, take the said several and respective oaths, and make and repeat the said declaration, and subscribe his name, or make his mark, under the said oaths and declaration, in one of the respective courts aforesaid, between the hours aforesaid, and no other; during which time all proceedings shall cease as aforesaid: and all and every such person and persons, so to be admitted as aforesaid, shall also receive the sacrament of the Lord's supper according to the usage of the church of Ireland, within three months after his or their admittance in or receiving their said authority and imployments in some publick church, upon the Lord's-day commonly called Sunday, immediately after divine service and sermon: and every of the said respective persons, touching whom the said several provisions are here before made, in the respective court, where he or she takes the said oaths, shall first deliver a certificate of such his or her receiving the said sacrament as aforesaid, under the hands of the respective minister and church-wardens; and shall then make proof of the truth thereof by two credible witnesses at the least, upon oath: all which shall be enquired of and put upon record in their respective courts.

XVIII . And be it further enacted, That all and every the person or persons aforesaid, who do or shall refuse or neglect to take the said oaths and sacrament, and to deliver such a certificate of his receiving the sacrament as aforesaid, or to subscribe the said declaration as aforesaid, in one of the said courts and places, and at the respective times aforesaid, shall be ipso facto adjudged incapable and disabled in law to all intents and purposes whatsoever to have, occupy, or enjoy the said office or offices, imployment or imployments, or any part of them, or any matter or thing aforesaid, or any profit or advantage appertaining to them, or any



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of them; and every such office and place; imployment and imployments shall be void, and is hereby adjudged void; and that all and every such person or persons, that shall neglect or refuse to take the said oaths or the sacrament as aforesaid, and make and subscribe such declaration, and deliver such certificate of his receiving the sacrament as aforesaid, within the times and in the places aforesaid, and in the manner aforesaid, and yet after such neglect or refusal shall execute any of the said offices or imployments after the said times expired, wherein he or they ought to have taken the said oaths, and made and subscribed the said declaration, and being thereupon lawfully convicted in or upon any information, presentment, or indictment in any of her Majesty's courts in Dublin, or at the assizes, every such person and persons shall be disabled from thenceforth to sue or use any action, bill, plaint, or information, in courte of law, or to prosecute in any sute in any court of equity, or to be guardian of any child, or execcutor or administrator of any person, or capable of any legacy or deed or gift, or to bear any office within this realm, and shall forfeit the sum of five hundred pounds, to be recovered by him or them that shall sue for the same; to be prosecuted by any action of debt, sute, bill, plaint, or information in any of her Majesty's said courts in Dublin, wherein no essoign, protection, or wager of law shall lye.

XIX . And be it further enacted by the authority aforesaid, That the names of all and singular such persons and officers aforesaid, that do or shall take the oaths, and make and subscribe such declaration as aforesaid, shall be in the respective courts of Chancery, Queen's-bench, Common-pleas, and Exchequer, and the quarter-sessions, inrolled, with the day and year of their taking the said oaths, and making and subscribing the said declaration, in rolls made and kept only for that intent and purpose, and for no other, to the inrolment whereof every person may resort and look on without fee or reward; and none of the person or person aforesaid shall give or pay any fee or reward to any of the officers belonging to any of the courts aforesaid, above the sum of six pence for his or their entry, or his or their taking the oaths aforesaid.

XX. And be it further enacted, That it shall and may be lawful to and for the respective courts aforesaid to give and administer the oaths, and tender the declaration aforesaid, to the said person and persons; and on due tender of any person or persons to take the said oaths, the said courts are hereby enjoyned and required to administer the same.

XXI. Provided always, That any person, who by any neglect or refusal shall lose or forfeit any office, may be capable of a new grant of the said office or of any other, and have and hold the



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same again, such person taking the said oaths and subscribing the same, and the said declaration, in such manner as aforesaid, and producing such certificate as aforesaid, and proving the same at the at the time of taking the said oaths as aforesaid, of his having received the sacrament according to the usage of the church of Ireland within three months than last past; so as such office be not granted to and actually enjoyed by some other person at the time of the re-granting thereof.

XXII. Provided also, That no such neglect to take the said oaths, and subscribe the same and the said declaration, or receive the sacrament, shall affect any person that now is or at any time hereafter shall be in England, who by virtue of this act ought to take the said oaths, and make and subscribe the said declaration, and receive the sacrament of the Lord's supper as aforesaid, so that he take the said oaths, and make and subscribe the said declaration in one of her Majesty's courts at Westminster, or at the general quarter-sessions for the county or place, where he shall reside, inhabit, or be, and receive the sacrament of the Lords' supper according to the usage of the church of England, and produce such certificate thereof at the time of his taking the said oaths and subscribing the said declaration, within the said respective times hereby appointed for performing the same in this kingdom, or any person that now is, or at any time hereafter during the time, or any part thereof, appointed for taking the said oaths and receiving the sacrament, shall be beyond the seas out of England and Ireland, or in her Majesty's service on board the fleet, so as such person do the next term, or at the next general quarter-sessions for the county, barony, or place where he shall reside after his return into England or Ireland, take the said oaths, and repeat and subscribe the said declaration, and receive the sacrament within four months after such his return, according to the usage of the church or England or Ireland, and shall deliver such certificate thereof, and make such proof thereof at the time of his taking the said oaths and repeating and subscribing the said declaration as aforesaid, either in England or Ireland; or any person or persons under the age of eighteen, or found by an inquisition to be non compos mentis, so as such person or person within four months next after their coming to the said age of eighteen, or becoming of sound mind, take the said oaths and subscribe the same and the said declaration, and receive the sacrament of the Lord's supper, according to the usage of the church of Ireland, and produce such certificate thereof as aforesaid, at the time of the taking the said oaths, in like manner as other persons admitted or to be admitted into any office or imployment are herein before appointed to do; nor shall be construed to make void the grant of



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any office or offices of inheritance, or any fee, salary, or reward for executing such office or offices, so as such person or persons, having or enjoying any such office or offices of inheritance, so and shall substitute some protestant or protestants, being duly qualified to execute the said office or offices, to be his or their deputy or deputies, which such officer or officers respectively are hereby impowered from time to time to make or change, to exercise the said office or offices, until such time as the person or persons having such office or offices shall voluntarily in one of the courts aforesaid take the said oaths, and subscribe the same and the said declaration, and receive the sacrament of the Lord's supper according to the usage of the church of Ireland, and produce a certificate thereof at the time of his taking the said oaths; and so as all and every such deputy and deputies take the said oaths, and subscribe the same and said declaration, in one of the courts or places aforesaid, and receive the sacrament of the Lord's supper, and produce a certificate thereof at the time of his taking and subscribing the said oath and declaration, in such manner as such officers, whose deputies they are, are hereby appointed to do; so as such deputy or deputies be from time to time approved of by the Queen's most excellent Majesty, or the chief governor or governors of this realm; or to extend to the office of any high constable, petty constable, tything-man, head-borough, overseer of the poor, church-wardens, surveyors of the high-ways, or any like inferior civil office in the kingdom of Ireland, or any office of forrester or keeper of any park, chase, warren, or game, or bayliff of any mannor or lands, or any like private offices.

XXIII . And whereas by an act made in the reign of the late King Charles the second, intituled, An act for the explaining some doubts arising upon an act, intituled, [An act for the better execution of his Majesty's gracious declaration for the settlement of this kingdom of Ireland, and satisfaction of the several interests of the several adventurers, soldiers, and other his subjects there: and for making some alterations of, and additions unto the said act, for the more speedy and effectual settlement of the said kingdom:] it is among other things provided, "That no person or persons should purchase any houses therein mentioned within any corporation in this kingdom, nor take any lease thereof, but such as should take the oaths of allegiance and supremacy, without the license of the chief governor or governors of this kingdom and privy council;" which law, if it had been duly observed, would in great measure have prevented the late rebellion in this kingdom: and whereas the peace and safety of this kingdom, and the welfare of his Majesty's protestant subjects, will much depend on the security of the city of Limerick, and town of Galway, and on their being in possession of your Majesty's 28 protestant subjects, being considerable garrisons in this your Majesty's kingdom: be it enacted by the authority aforesaid, That no person or persons that are or shall be papists, or profess the popish religion, shall or may, after the twenty fourth day of March in the year of our Lord one thousand seven hundred and three, take or purchase any house or tenement, or comes to dwell or inhabit within the fair city of Limerick, or suburbs thereof, or within the town of Galway, or suburbs thereof: and that every person of the Popish religion now inhabiting within the said city or suburbs of Limerick, or within the said town or suburbs of Galway, shall, before the said twenty fourth day of March next ensuing, before the chief magistrate of the said respective city or town become bound to her Majesty, her heirs and successors, with two sufficient sureties, in a reasonable penal sum, to be ascertained by the chief magistrate, recorder, and sheriffs of the said city and town respectively, or any two of them, with condition for his or her faithfully bearing themselves towards her Majesty, her heirs and successors; or in default of giving such security, such persons shall depart out of the said city, suburbs, and town aforesaid, on or before the twenty fifth day of March, in the year of our Lord one thousand seven hundred and five.

XXIV . And for the preventing Papists having it in their power to breed dissention amongst Protestants by voting at elections of members of Parliament; be it further enacted by the authorities aforesaid, That from and after the twenty fourth day of March one thousand seven hundred and three, no freeholder, burgess, freeman, or inhabitant of this kingdom, being a Papist or professing the Popish religion, shall at any time hereafter be capable of giving his or their vote for the electing of knights of any shires or counties within this kingdom, or citizens or burgesses to serve in any succeeding Parliament, without first repairing to the general quarter-sessions of the peace to be holden for the counties, cities, or boroughs wherein such Papist do inhabit and dwell, and there voluntarily take the oath of allegiance in the words following, viz.

I A.B. do sincerely promise and swear, that I will be faithful and bear true allegiance to her Majesty Queen Anne.
So help me God, &c.

And also the oath of abjuration aforesaid: and after the taking of the said several oaths aforesaid, the clerk of the peace, officiating in the sessions, shall and is by this act directed to enter the same upon record in the rolls of the said sessions; and is hereby



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impowered and required to give and deliver to such person or persons, so taking the said oaths, a certificate of such persons so taking and subscribing the same, for which certificate the sum of one shilling, and no more, shall be paid; which said certificate being produced to the high sheriff of the said county, or any of his deputies at any such elections for knights of the shire, and to the respective chief officer or officers of any city, town corporate, or borough in this kingdom, to whom the return of any citizen or burgess to serve in Parliament doth or shall respectively belong, he or they shall be permitted to vote as amply and fully as any protestant freeholder, burgess, or freeman, or inhabitant of the said county, city, or borough; but in case any freeholder, burgess, freeman, or inhabitant, being a papist, shall appear at any such election as aforesaid, and tender himself to be polled for any candidate, who shall stand for knight of the shire, citizen, or burgess to service in any ensuing Parliament, without producing such certificate as aforesaid to the said sheriff or other officer or officers as aforesaid, the said sheriff or other officer or officers, to whom such return doth or shall respectively belong, shall reject such person, and absolutely refuse to enter his vote, as if he were no freeholder of the said county, or burgess, freeman, or inhabitant of the said city or borough; any former law, statute, or usage, to the contrary notwithstanding.

XXV . And be it further enacted by the authority aforesaid, That where any Papists or persons professing the popish religion, do or shall claim, enjoy, or posses any advowson or advowsons of churches, right of patronage or presentation to any ecclesiastical benefice, or where any Protestant or Protestants do or shall hold, claim, enjoy, or possess any advowson or advowsons of churches, right of patronage, or presentation to any ecclesiastical benefice or benefices in trust or for the use and benefit of any Papist or Papists whatsoever; that every such advowson and right of patronage or presentation shall be hereby ipso facto vested in her Majesty, her heirs and successors, according to such estates as such Papist had in the same, until such time as such Papist, or the heir or heirs of such papist, shall take the said oath, and subscribe the said declaration and abjuration, and conform as aforesaid.

XXVI. And whereas the superstitions of Popery are greatly increased and upheld by the pretended sanctity of places, especially of a place called Saint Patrick's purgatory in the county of Donegal, and of wells, to which pilgrimages are made by vast numbers at certain seasons; by which not only the peace of the publick is greatly disturbed, but the safety of the government also hazarded, by the riotous and unlawful assembling together of many thousands of papists to the said wells and other places; be it further,



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enacted, That all such meetings and assemblies shall be deemed and adjudged riots and unlawful assemblies, and punishable as such in all or any persons meeting at such places as aforesaid; and all sheriffs, justices of the peace, and other magistrates are hereby required to be diligent in putting the laws in force against all offenders in the above particulars in due execution.

XXVII . And for the more effectual preventing and suppressing all such superstitious, dangerous, and unlawful assemblies; be it further enacted, That all and every person and persons meeting or assembling at Saint Patrick's purgatory aforesaid, or at any such well or place contrary to this act, and who shall be thereof convict by his or their own confession, or by the testimony of one or more sufficient witness or witnesses, upon oath before any justice of the peace in any county, or mayor, or other chief magistrate of any city, borough, town or corporation, who shall have power by virtue of this act to minister such oaths, where the offence shall be committed, or the party offending apprehended, shall forfeit the sum of ten shillings, to be paid at such time as by the said justice of the peace, or other chief magistrate, shall be appointed; the one moiety thereof to such person or persons, who shall give information of the said offence, and procure such offender or offenders to be convicted, the other moiety to be disposed of to the poor of the parish, where such offender shall be convicted; and if such offender or offenders shall neglect or refuse to pay the said sums, to be assessed or appointed as aforesaid, then the said justices of the peace, or other chief magistrate, shall commit all and every such offender and offenders to some constable, or other inferior officer of the county, city, town, or corporation, where the said offence shall be committed, or the party apprehended, to be publickly whipped; which punishment the said constable or other inferior officer is hereby required publickly to inflict and execute upon such offender pursuant to the order of the said justice of the peace, or other chief magistrate, within the space of twenty four hours after such order received: and that all and every person and persons, who at such assemblies build booths, sell ale, victuals, or other commodities, and shall be thereof lawfully convicted by the view of any justice of the peace of the same county, or of any chief magistrate within such town, wherein the same shall or may be or by confession of the party, or by the oath of one or more credible witness or witnesses, before such justice of the peace, or other chief magistrate as aforesaid, shall forfeit and pay the sum of twenty shillings; to be forthwith levied by distress and sale of the goods of such offender, and in default of distress, by the imprisonment of the said offender till payment thereof; all and every the said penalties of twenty shillings to be applyed to the use and



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service of the publick, in such manner as the justices of the peace for the said county at their general quarter-sessions shall appoint: and all and every the said magistrates are hereby required to demolish all crosses, pictures, and inscriptions that are any where publickly set up, and are the occasions of any popish superstitions.

XXVIII . Provided always, That nothing herein contained shall be construed to hinder seamen, fisherman, or day-labourers, from holding or dwelling in houses worth forty shillings the year, or under, within the suburbs of the city of Limerick, or of the town of Galway.



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