AN ACT For Banishing all PAPISTS Exercising any Ecclesiastical Jurisdiction, AND ALL REGULARS OF THE Popish Clergy Out of this KINGDOM.
DƲBLIN: Printed by Andrew Crook, Printer to the King's Most Excellent Majesty, on Cork-Hill, near Copper-Alley. MDCXCVII.
An ACT for Banishing all
Papists exercising any Ecclesiastical Jurisdiction, and all Regulars of the
Popish Clergy out of this Kingdom.
CHAP. XXVI.
WHEREAS, it is Notoriously known, That the late Rebellions in this Kingdom have been Contrived, Promoted and Carried on by Popish Arch-Bishops, Bishops, Iesuits, and other Ecclesiastical Persons of the Romish Clergy. And forasmuch as the Peace and Publick Safety of this Kingdom is in Danger, by the great number of the said Arch-Bishops, Bishops, Iesuits, Friers, and other Regular Romish Clergy, now residing here, and settling in Fraternities and Societies, contrary to Law, and to the great Impoverishing of many of His Majesty's Subjects of this Kingdom, who are forc d to maintain and support them; which said Romish Clergy do, not only endeavour to withdraw His Majesty's Subjects from their Obedience, but do daily stir up, and move Sedition, and Rebellion, to the great hazard of the Ruine and Desolation of this Kingdom. For [Page 4]the prevention of all which Mischiefs, His Majesty is Graciously Pleased that it be Enacted.
And be it Enacted by the King's Most Excellent Majesty, by, and with the Advice and Consent of the Lords Spiritual and Temporal, and Commons in this present Parliament Assembled, and by Authority of the same, That all Popish Arch-Bishops, Bishops, Vicars-General, Deans, Iesuits, Monks, Friers, and all other Regular Popish Clergy, and all Papists exercising any Ecclesiastical Iurisdiction, shall depart out of this Kingdom before the First day of May, which shall be in the Year of Our Lord, One thousand, Six hundred, Ninety eight: And if any of the said Ecclesiastical Persons, shall be at any time after the said First day of May, within this Kingdom, they, and every of them shall suffer Imprisonment, and remain in Prison, without Bail or Mainprize, till he or they shall be Transported beyond Seas, out of His Majesty's Dominions, wherever His Majesty, His Heirs or Successors, or the Chief Governor or Governors of this Kingdom, for the time being, shall think fit: And if any person so Transported, shall return again into this Kingdom, they, and every of them, shall be Guilty of High-Treason; and every person so Offending, shall for his Offence, be adjudged a Traitor, and shall suffer, lose and forfeit as in Case of High-Treason.
And be it further Enacted by the Authority aforesaid, That all and every such Popish Arch-Bishops, Bishops, Deane, Vicars-General, Iesuits, Friers, and all other Popish [Page 5]Regular Clergy in this Kingdom, shall before the said First day of May, repair to the City of Dublin, Cork, Kingsale, Youghal, Waterford, Wexford, Gallway, or Carrickfergus, and there remain, until there shall be Conveniency of Shipping, for their Transportation into some Parts beyond Seas, and out of His Majesty's Dominions, every of them on their first coming into any of the said Cities and Towns, giving in their Names to the Mayor, or other Chief Magistrate, who is hereby required to Register the same, and return an Account thereof to the Clerk of the Council, within Ten days; and that the said Mayor, or other Chief Magistrate of each Town, and also the Collector and Surveyor of the Port, shall give their best Assistance in Transporting every such Popish Arch-Bishop, Bishop, and other Popish Regular Clergy-man.
And be it further Enacted by the Authority aforesaid, That from and after the Twenty ninth day of December, which shall be in the Year of Our Lord God, One thousand, Six hundred, and Ninety seaven, no Popish Arch-bishop, Bishop, Vicar-General, Deane, nor any other Papist exercising any Ecclesiastical Iurisdiction, not Established by the Laws of this Kingdom, Iesuite, or Frier shall come into this Kingdom, from any parts beyond the Seas, on pain of Twelve Months Imprisonment, and then to be Transported in manner aforesaid: And if any such Romish Ecclesiastical Person, so Transported, shall again return into this Kingdom, he and they so offending, shall be guilty of High-Treason, and Suffer accordingly.
And be it further Enacted, That any person that shall from and after the said First day of May, knowingly harbour, relieve, conceal, or entertain any such Popish Arch-Bishop, Bishop, Vicar-General, Deane, Iesuite, Frier, or any other Papist exercising any Ecclesiastical Iurisdiction, not Established by the Laws of this Kingdom, or any Regular Popish Clergy-man, hereby required to depart out of this Kingdom, in manner aforesaid, or that from and after the said Twenty ninth day of December, One thousand, Six hundred, Ninety seaven, shall come into this Kingdom, contrary to the Tenor of this Act, shall for the First Offence, forfeit the Summ of Twenty pounds; for the Second Offence, double the said Summ, to be Levyed in manner herein-after expressed: And if he shall Offend the Third time, to forfeit all his Lands and Tenements of Freéhold or Inheritance, during his Life, and also all his Goods and Chattels; One Moyety whereof to His Majesty, his Heirs and Successors, the other Moyety, to such Person as shall Inform, so as such Moyety do not exceed the Summ of One Hundred pounds, and the Surpluss of what shall remain to His Majesty, His Heirs and Successors, the said Forfeiture for such third Offence, to be Recovered by Bill, Plaint, Information, or Action for Debt, in any His Majesty's Courts of Record at Dublin, or at the Assizes in the respective Counties.
And be it Enacted by the Authority aforesaid, That upon Information on Oath, to any Iustice of Peace in his respective County, against any Person or Persons, that shall knowingly Entertain, Succour, Relieve or Conceal any such [Page 7]Popish Arch-bishop, Bishop, Iesuite, Frier, or other Ecclesiastical Popish Person, contrary to the purport and meaning of this Act; the said Iustice of the Peace, shall immediately Issue a Summons in Writing under his Hand, thereby requiring the Person and Persons so Informed against, at a certain Day and Place within the said County, where such Offence shall be Committed, to appear before him, and some other Iustice of the Peace of the said County, to Answer the said Matter laid to his, or their Charge; at which time and place the said Iustices shall in presence of the Person or Persons Accused, or in Case of his or their Neglect to appear, being duly Summoned proceéd to the Examination of the said Matter; and if it shall appear to them, on Evidence upon Oath, that the Person or Persons so Complained of are Guilty, the said Iustices shall by Warrant under their Hands and Seals, Levy the aforesaid Forfeitures of Twenty pounds for the first Offence, and Forty pounds for the second Offence, of the Goods and Chattels of the Person or Persons Offending, by Distress, Sale, or otherwise, and dispose of one Moyety of such Forfeitures to the Informer or Informers, and the other Moyety to the Treasurer of the County, where such Offence shall be Committed, for the Vse of the County; and for Default thereof, to Committ the Person Offending to the County Goal, there to remain without Bail or Mainprize, until he or they shall pay the said Forfeitures and Penalties.
And be it further Enacted, That no Person whatsoever shall from, and after the said Twenty Ninth Day of December, Bury and Dead in [Page 8]any supprest Monastery, Abby, or Convent, that is not made use of, for Celebrating Divine Service, according to the Liturgy of the Church of Ireland, by the Law Established, or within the Precincts thereof, upon Pain of Forfeiting the Summ of Ten pounds; which said Summ of Ten pounds shall, and may be Recovered from any Person or Persons, that shall be present at such Burial, and Offending contrary to the Tenor of this Act; which said Forfeitures, all and every Iustices of the Peace, in his, and their respective Counties, are hereby Authorized, to Hear and Determine in manner as herein before is mentioned and declared; one Moyety of which said last Forfeiture for Burying contrary to this Act, shall be by such Iustice given unto the Informer, and the other Moyety to the Minister and Church-wardens of the Parish, where any such Offences shall be Committed, to be disposed of for the Vse of the Parish.
Provided always, that if any Person or Persons shall think him, or themselves agrieved, by the Iudgment and Determination of such Two Iustices of the Peace, that the Person and Persons so agrieved, may Appeal from their Iudgment and Determination, to the next Iudges of Assize, or to the Iustices of Peace, at the next General Quarter-Sessions, who are hereby Impowered to Examine the said Matter, and give such Relief therein, as to them shall seem meet.
And it is further Enacted that all and every Iustice of the Peace, shall from time to time Issue their Warrants for Apprehending, and Committal of all Popish Arch-Bishops, Bishops, Iesuits, Friers and other Popish Ecclesiastical persons [Page 9]whatsoever that shall remain or Continue in this Kingdom, contrary to the Tenor and meaning of this Act: And for Suppressing all Monasteries, Frieries, Nunneries, or other Popish Fraternities or Societies.
And be it further Enacted by the Authority aforesaid, That all and every the Iustices of the Peace in this Kingdom, shall give an accompt in Writing, of their proceédings in Execution of this Statute, at the next General Quarter-Sessions for the County, in which he shall Dwell, which shall be at such Quarter-Sessions Entred and Registred.
And be it further Enacted, That if any Iustice of the Peace, Mayor, or other Officer shall neglect doing their Duty in Execution of this present Act, every such Iustice of the Peace, Mayor, and other Officer, shall for every such neglect, forfeit the Summ of One Hundred Pounds, to be Recovered by Action of Debt, Bill, Plaint, or Information, wherein no Protection, Essoyn, or Wager of Law shall be allowed of, nor but one Imparlance; one Moyety thereof to the King's Majesty, His Heirs and Successors, the other Moyety to the Informer, or Person that shall Sue for the same, and be Disabled from serving as a Iustice of Peace, during his Life.