The Eighth Year of Anne - Chap. III.



<P><a href="8Annc3s16-26.html">Prior Full Text</a></P>
<P><div id="8Ac3p207s27"></div><a href="chron-anne.html#8Ac3s27">XXVII</a>. 
  And whereas the said act <i>to prevent the further growth of popery</i>, and 
  several other acts of Parliament, have been most notoriously eluded by several 
  papists and others in trust for them, who have purchased several lands, tenements, 
  and hereditaments, and taken leases contrary to the true intent and meaning 
  of the said act; and have also taken collateral and other securities by mortgages, 
  judgments, and statutes, to cover, support, and secure such their purchases 
  and leases: for remedy whereof, and for the better enforcing the execution of 
  the said acts, be it further enacted and declared by the authority aforesaid, 
  That all collateral and other securities by mortgage, judgments, statutes-merchant, 
  or of the staple, or otherwise howsoever, which have been made or entered into, 
  or hereafter shall be made or entered into, to cover, support, secure, or make 
  good any bargain, sale, confirmation, release, feoffment, lease, or other conveyance, 
  contrary to the said recited act, shall be and are hereby declared null and 
  void, and of no effect to such person or person so purchasing any of the said 
  lands or tenements in trust for or for the benefit of any papist or person professing 
  the popish religion, as likewise to any such papist or person, his, her, or 
  their heirs and assigns respectively: and that all such lands, tenements, and 
  hereditaments so conveyed or leases, or to be conveyed or leased, to any papist 
  or person professing the popish religion, or to the use of or in trust of any 
  papist or person professing the popish religion, contrary to the true intent 
  and meaning of the said acts; and all such collateral securities as are or shall 
  be made or entered into, to cover, support, secure, or make good the same, shall 
  and may be sued for by any protestant or protestants, by his, or her, or their 
  proper action, real, personal, or mixt, founded on this act, in any of her Majesty's 
  courts of law, or in any court of equity, if the nature of the case shall require 
  it; and the plaintiff or demandant in such suit, upon proof that such purchase 
  or lease was made in trust for any papist or person professing the popish religion, 
  or under any confidence to or for any papist or such person professing the popish 
  religion, or for his, her, or their benefit or advantage, by receiving the rents,</P>


<P>208</P>

<P>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 <i>to prevent the further growth of popery</i>
had not been made.</P>

<P> <div id="8Ac3p208s28"></div><a href="chron-anne.html#9Ac3s28">XXVIII</a>. 
  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</P>


209 <i> </i> 


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 <i>to 
prevent the further growth of popery</i>; 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. 
<P> <div id="8Ac3p209s29"></div><a href="chron-anne.html#8As29">XXIX</a>. 
  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 <i>bona 
  fide</i> 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.</P>

<P> <div id="8Ac3p209s30"></div><a href="chron-anne.html#8Ac3s30">XXX</a>. 
  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.</P>


<P>210</P>

<P> <div id="8Ac3s31"></div><a href="chron-anne.html#8Ac3s31-33">XXXI</a>. 
  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, <i>An 
  act for banishing all papists exercising any ecclesiastical jurisdiction, and 
  all regulars of the popish clergy out of this kingdom</i>, 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, <i>An 
  act to prevent popish priests from coming into this kingdom</i>, 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 <i>for banishing 
  all papists exercising any ecclesiastical jurisdiction, and all regulars of 
  the popish clergy out of this kingdom</i>, 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, <i>An act for the registering the popish clergy</i>, 
  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</P>


<P>211</P>

<P>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, <i>An Act for the effectual preventing the taking away and marrying children
against the wills of their parents or guardians</i>, 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.</P>


<P>212</P>

<P>	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 <i>sterling</i>.  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
<i>sterling</i> 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 <i>sterling</i> 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.</P>

<P>	XXXIII. And be it further enacted by the authority aforesaid, That if any such
popish regular clergyman, popish priest, or popish</P>


<P>213</P>

<P>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.</P>

<P> <div id="8Ac3p213s34"></div><a href="chron-anne.html#8Ac3s34-36">XXXIV</a>. 
  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, <i>An 
  act for the better securing the government by disarming papists</i>, 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.</P>

<P>	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.</P>

<P>	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</P>


<P>214</P>

<P>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.</P>

<P> <div id="8Ac3p214s37"></div><a href="chron-anne.html#8Ac3s37">XXXVII.</a> 
  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.</P>

<P>	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, <i>An act for
the relief of colonel Henry Luttrel, with relation to the forfeited estates in Ireland</i>,
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-</P>



<P>215</P>

<P>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.</P>

<P>	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 <i>to prevent the further growth
of popery</i>, 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-</P>


<P>216</P>

<P>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. </P>
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