William III, 1698-9
An Act for the further preventing the Growth of Popery. [Chapter IV. Rot. Parl. 11 Gul. III. p. 2. n. 2.]

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History of Parliament Trust

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John Raithby (editor)

Year published

1820

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586-587

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'William III, 1698-9: An Act for the further preventing the Growth of Popery. [Chapter IV. Rot. Parl. 11 Gul. III. p. 2. n. 2.]', Statutes of the Realm: volume 7: 1695-1701 (1820), pp. 586-587. URL: http://www.british-history.ac.uk/report.aspx?compid=46963 Date accessed: 19 September 2014.


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Reasons for passing this Act

After the 25th Mar. 1700, Persons apprehending Popish Bishop, &c. and prosecute to Conviction, of saying Mass, &c.; Reward of £100, without Fee, on Certificate of Conviction, &c.; In case of Dispute touching Reward, Judge, &c. to apportion same by his Certificate.; In case of Death of Sheriff before Payment of Reward, his Successor to pay the same. Sheriff making Default, Penalty £200

Whereas there has beene of late a much greater Resort into this Kingdom than formerly of Popish Bishops Priests and Jesuits and they doe very openly and in insolent Manner affront the Laws and daily endeavour to pervert His Majesties naturall borne Subjects which has beene occasioned by Neglect of the due Execution of the Laws already in Force For preventing the further Growth of Popery and of such treasonable and execrable Designes and Conspiracies against His Majesties Person and Government and the Established Religion as have lately as well as frequently heretofore been brought to Light and happily defeated by the wonderfull Providence of God Be it enacted by the Kings most Excellent Majesty by and with the Advice and Consent of the Lords Spirituall and Temporall and Commons in this present Parliament assembled and by Authority of the same That from and after the Five and twentieth Day of March One thousand and seaven hundred all and every Person and Persons who shall apprehend and take One or more Popish Bishop Priest or Jesuite and prosecute him or them soe apprehended and taken untill he or they be convicted of saying Mass or of exerciseing any other Part of the Office or Function of a Popish Bishop or Priest within these Realmes shall have and receive from the Sheriffe or Sheriffs of the County where such Conviction shall be made (without paying any Fee for the same) for every such Offender soe convicted the Summe of One hundred Pounds within Four Months after such Conviction and Demand thereof made by tendring a Certificate to the said Sheriffe or Sheriffs under the Hand or Hands of the Judge or Justices before whom such Conviction shall be made certifying the Conviction of such Popish Bishop Priest or Jesuit [and also that such Popish Bishop Priest or Jesuit (fn. 1) ] Popish Bishops Priests or Jesuits was or were taken by the Person or Persons claimeing the said Reward And in case any Dispute shall happen to arise betweene the Persons soe apprehending any Popish Bishop Priest or Jesuit touching their Right and Title to the said Reward that then the said Judge or Justices soe respectively certifying as aforesaid shall in and by their said Certificate direct and appoint the said Reward to be paid unto and amongst the Parties claimeing the same in such Share and Proportion as to the said Judge or Justices shall seeme just and reasonable And if it shall happen any such Sheriffe or Sheriffs shall dye or be removed before the Expiration of Four Months after such Conviction and Demand made of the said Reward (not being paid as aforesaid) that then the next succeeding Sheriffe or Sheriffs of the said County shall pay the same within Two Months after Demand and Certificate brought as aforesaid And if Default of Payment of the said Summe or Summs of Money shall happen to be made by any Sheriffe or Sheriffs such Sheriffe or Sheriffs soe makeing Default shall forfeite to the Person or Persons to whom such Money is due as aforesaid Two hundred Pounds to be recovered by him or them or his or their Executors or Administrators in any of His Majesties Courts of Record at Westminster by Action of Debt Bill Plaint or Information wherein but One Imparlance and no Essoigne Protection or Wager of Law shall be allowed with full Costs of Suite by him or them expended in the Recovery of the same

II. Sheriff repaid by Treasury, on producing Certificate

And it is hereby further enacted That all Sheriffs their Successors Executors or Administrators upon produceing such respective Certificates or a Duplicate or Duplicates thereof shall have the Moneys contained in such Certificate paid to them by the Lord Treasurer or Commissioners of His Majesties Treasury for the time being out of the Revenue of the Crowne.

III. Popish Bishop, &c. saying Mass, &c, or Papist, &c. keeping School.

Perpetual Imprisonment within the Kingdom.

And for a further Remedy against the Growth of Popery over and beyond the good Laws already made Be it further enacted by the Authority aforesaid That if any Popish Bishop Priest or Jesuit whatsoever shall say Masse or exercise any other Part of the Office or Function of a Popish Bishop or Priest within these Realmes or the Dominions thereunto belonging or if any Papist or Person makeing Profession of the Popish Religion shall keepe Schools or take upon themselves the Education or Government or Boarding of Youth in any Place within this Realme or the Dominions thereto belonging [and (fn. 1) ] such Person or Persons being thereof lawfully convicted that then every such Person shall on such Conviction be adjudged to perpetuall Imprisonment in such Place or Places within this Kingdome as the King by Advice of His Privy Councill shall appoint

IV. After the 29th Sept. 1700, any Person educated in the Popish Religion within Six Months after attaining 18, not taking the Oaths of Allegiance and Supremacy, and subscribing Declaration of 30 Car. II. Stat. 2. c. 1. as herein mentioned, disable, as herein mentioned; and the Protestant next of Kindred to have the Lands of such Person without Account, except in case of wilful Waste.

Treble Damages to Party disabled.; After 10th April 1700, Papists disabled to purchase Lands, as herein mentioned .

And be it alsoe further enacted by the Authority aforesaid That from and after the Nine and twentieth Day of September which shall be in the Yeare of our Lord One thousand seaven hundred if any Person educated in the Popish Religion or professing the same shall not within Six Months after he or she shall attaine the Age of Eighteene Yeares take the Oaths of Allegiance and Supremacy and alsoe subscribe the Declaration sett downe and exprest in an Act of Parliament made in the Thirtieth Year of the Reigne of the late King Charles the Second intituled An Act for the more effectuall preserveing the Kings Person and Government by disabling Papists from sitting in either House of Parliament to be by him or her made repeated and subscribed in the Courts of Chancery or Kings Bench or Quarter Sessions of the County where such Person shall reside every such Person shall in respect of him or herselfe only and not to or in respect of any of his or her Heires or Posterity be disabled and made incapable to inherit or take by Discent Devise or Limittation in Possession Reversion or Remainder any Lands Tenements or Hereditaments within this Kingdome of England Dominion of Wales or Towne of Berwick upon Tweed And that during the Life of such Person or untill he or she doe take the said Oaths and make repeate and subscribe the said Declaration in Manner as aforesaid the next of his or her Kindred which shall be a Protestant shall have and enjoy the said Lands Tenements and Hereditaments without being accountable for the Profitts by him or her received during such Enjoyment thereof as aforesaid but in case of any wilfull Wast committed on the said Lands Tenements or Hereditaments by the Person soe haveing or enjoying the same or any other by his or her Lycence or Authority the Party disabled his or her Executors and Administrators shall and may recover Treble Damages for the same against the Person committing such Wast his or her Executors or Administrators by Action of Debt in any of His Majesties Courts of Record at Westminster And that from and after the Tenth Day of Aprill which shall be in the Yeare of our Lord One thousand seaven hundred every Papist or Person makeing Profession of the Popish Religion shall be disabled and is hereby made incapable to purchase either in his or her owne Name or in the Name of any other Person or Persons to his or her Use or in Trust for him or her any Mannors Lands Profitts out of Lands Tenements Rents Termes or Hereditaments within the Kingdome of England Dominion of Wales and Towne of Berwick upon Tweed And that all and singuler Estates Termes and any other Interests or Profitts whatsoever out of Lands from and after the said Tenth Day of Aprill to be made suffered or done to for the Use or Behoofe of any such Person or Persons or upon any Trust or Confidence mediately or immediately to or for the Benefitt or Releife of any such Person or Persons shall be utterly void and of none Effect to all Intents Constructions and Purposes whatsoever

V. Proviso for saying Mass, &cc. in the Houses of Foreign Minister, if the Priest be not a Subject of His Majesty.

Provided alwaies That nothing in this Act contained shall be construed to extend to any Popish Priest for saying Masse or officiating as a Priest within the Dwelling House of any Forreigne Minister resideing here soe as such Priest be not one of His Majesties naturall borne Subjects nor naturalized within any of His Kingdoms or Dominions and soe as the Name of such Priest and the Place of his Birth and the Forreigne Minister to whom he shall belong be entred and registred in the Office of the Principall Secretary of State

VI. Recital of Stat. 3 Jac. 1. c. 5.

The Reward of £100 therein mentioned to be to the sole Use of the Informer.

And whereas by an Act made in the Third Yeare of King James the First intituled An Act to prevent and avoid Dangers which may grow by Popish Recusants whosoever shall be convicted of sending or causing to be sent any Child or any other Person under their Government into Parts beyond the Seas out of the Kings Obedience to the Intent that such Child or Person soe sent should be educated in the Romish Religion contrary to the said Act is to forfeite One hundred Pounds One Halfe to the Kings Majesty and the other Halfe to him that shall sue for the same For the greater Incouragement and Reward of those who shall discover such Offenders Be it enacted by the Authority aforesaid That the said Summe of One hundred Pounds shall be to the sole Use and Benefitt of him or her who shall discover and convict any Person soe offending to be recovered in such Manner as in the said recited Act is enacted Any thing in the said Act to the contrary notwithstanding

VII.

After the 25th Mar. 1700, Popish Parents compelling Protestant Children to change their Religion; as herein mentioned, Lord Chancellor may make Order herein.

And to the end that the Protestant Children of Popish Parents may not in the Life times of such [their (fn. 2) ] Parents for want of fitting Maintenance be necessitated in complyance with their Parents to imbrace the Popish Religion contrary to their owne Inclinations Be it enacted by the Authority aforesaid That from and after the said Five and twentieth Day of March One thousand seaven hundred if any such Parent in order to the compelling such his of her Protestant Child to change his or her Religion shall refuse to allow such Child a fitting Maintenance suitable to the Degree and Ability of such Parent and to the Age and Education of such Child then upon Complaint thereof made to the Lord High Chancellor of England or Lord Keeper of the Great Seale or Commissioners for the Great Seale for the Time being It shall be lawfull for the said Lord Chancellor Lord Keeper or Commissioners to make such Order therein as shall be agreeable to the Intent of this Act.

Footnotes

1 interlined on the Roll.
2 interlined on the Roll.