AN ACT For the Better Securing the Government by Disarming PAPISTS DVBLIN Printed by Andrew Crook Printer to the Kings Most Excellent Majesty on Ormonde-Key 1695. An Act for the better Securing the Government by Disarming Papists FOR Preserving the Publick Peace and Quieting the Kingdom from all Dangers of Insurrection and Rebellion for the Future 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 Papists within this Kingdom of Ireland shall before the First Day of March next Ensuing Discover and Deliver up to some Iustice or Iustices of the Peace or to the Mayor Bayliff or Head Officer of the County City Town Corporate or place Respectively where such Papist shall Dwell and Reside all their Arms Armour and Ammunition of what kind soever the same be which are in his or their Hands or Possession or in the hands of any other Person or Persons in Trust for them or at their Disposition Notwithstanding any Lycense or Permission for Keéping the same heretofore granted And that from and after the said First Day of March One Thousand Six Hundred Ninety Five it shall and may be Lawfull for any two or more Iustices of the Peace within the Limits of their Iurisdiction and Authority And to all Mayors Sheriffs and Chief Officers of Cities and Towns Corporate in their Liberties by themselves or by Warrant or Warrants under their Hands and Seals Respectively from time to time to Search for Seize or Cause to be Searched for and Seized and take into his or their Custody all such Arms Armour and Ammunition as shall he Concealed in any House Lodging or other Places where they shall suspect any such Arms Armour or Ammunition shall be Concealed And such Arms Armour and Ammunition so Taken or Seized upon Search and otherwise as aforesaid shall by the person or persons so Receiving Taking and Seizing the same be preserved for the Vse of His Majesty His Heirs and Successors And the said persons shall return a true and particular Account thereof to the Lord Deputy or other Chief Governour or Governours of this Kingdom for the time being to the end the same may be brought into His Majesties Stores of War or be Disposed of as he or they shall think fit Provided Nevertheless That no such Search or Searches shall be made in any such House Houses or Lodgings save only betweén the Rising and Setting of the Sun other then in Cities and their Suburbs Towns Corporate Market Towns and Houses of such Cities and Towns if it shall be so thought Necessary and the Warrant or Warrants for that purpose do Direct and Appoint And in Case such Iustices of the Peace Mayor Soveraign Bayliff or other Chief Magistrate or Officer of any City or Town Corporate after such Search made shall find Cause to suspect that any Arms Armour or Ammunition remain Concealed and not Seized as aforesaid they are hereby Respectively Impowered and Required to Cause such person or persons whom he or they shall suspect to have Concealed the same to be brought before him or them and to be Examined upon his her or their Corporal Oath concerning the same And be it further Enacted by the Authority aforesaid That every such Papist who shall have or keép any such Arms Armour or Ammunition who shall not discover and deliver up the same by the time aforesaid And every other Person or Persons who wittingly or willingly shall have any such Arms Armour or Ammunition to the use of or in Trust for any such Papist Contrary to the True Meaning and Intent hereof And also Every such Person or Persons who upon Demand or Search made for such Arms Armour or Ammunition as aforesaid shall Refuse to Declare and Manifest to the Iustice or Iustices of the Peace Mayors Bayliffs Head Officers or other Persons Authorized and Impowered for Seizing and Searching for all such Arms Armour and Ammunition in manner as aforesaid what Arms Armour and Ammunition they or any other to his knowledge or with his privity have or shall Lett Hinder or Disturb the Delivery thereof to any the said Iustices of the Peace or any other Person or Persons Authorized by Warrant as aforesaid to Search for Take and Seize the same and Every other Person and Persons who shall Refuse to make Discovery upon his her or their Oath to be Administred by such Iustices of the Peace Mayor Bayliff or other Chief Officer of any City or Town Corporate concerning the Premisses as aforesaid or being Summoned by Warrant under the Hands of two or more Iustices of the Peace whereof Notice in Writing to be given to him or her or left at his or her Vsual place of abode shall without Reasonable Cause Refuse or Neglect to appear before such Iustices of the Peace Mayors Soveraigns Bayliffs or other Chief Magistrates as aforesaid to be Examined as aforesaid Every such Person or Persons so Offending Contrary to this Statute in this behalf shall Forfeit in manner following That is to say if such Person or Persons be a Peér or Peéress of this Realm he she and they shall for the first Offence Forfeit the Summ of One Hundred Pounds Sterling And if such person or persons shall offend a second time Contrary to the True Intent and Meaning thereof then such person or persons shall for the second Offence Incur the Penalty of a Person Attainted in a Premunire And being thereof Convicted shall suffer Punishment accordingly And if such person or persons Offending herein Contrary to the true Intent of this Act shall be under the Degreé of a Peér or Peéress then he she or they so Offending shall for the first Offence being thereof Lawfully Convicted upon any Indictment or Information to be Exhibited at the Assizes or general-quarter-General-Quarter-Sessions of the Peace to be held for the County where such Offence shall be Committed Lose and Forfeit the Summ of Thirty Pounds And shall suffer Imprisonment by Order of the Iustices of Assize at the Assizes or Iustices of the Peace in their general-quarter-General-Quarter-Sessions of the Peace without Bail or Mainprize for one Year and from thenceforward untill he she or they shall pay the Penalty aforesaid And if such person or persons shall Offend a second time Contrary to the true Intent and Meaning hereof then such person or persons so Offending shall for such second Offence being Convicted of the First Offence Incurr and Suffer all the Pain and Penalties of persons Attainted in a Premunire the said Penalties and Summs of Money so to be Forfeit as aforesaid by such Peér or Peéress to be Recovered by Action of Debt Bill Plaint or Information in any of His Majesties Courts of Record In which said Action of Debt Bill Plaint or Information no Essoyne Protection nor Wager of Law shall be allowed nor more then one Imparlance granted One Moyety thereof to be
Mass as they are now Used in the Church of ROME are Superstitious and Idolatrous And I do Solemnly in the presence of God Profess Testify and Declare That I do make this Declaration and every part thereof 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 any such Dispensation from any Person or Authority whatsoever or without believing that I am or can be acquitted before God or Man or Absolved from this Declaration or any part thereof although the Pope or any other Person or Persons or Power whatsoever should Dispence with or Annull the same or Declare that it was Null and Void from the Beginning And the Refusal of such Person or Persons to take the said Oaths or Subscribe the said Declaration shall be and are hereby declared to be a Conviction of such Persons so Refusing the same of his being Guilty as also of the Master of such Apprentice unless such Master shall prove that such Apprentice at the time of Entring his Service was known or Reputed to be of the Protestant Religion And be it further Enacted That no Papist shall at any time from and after the Twentieth Day of January One Thousand Six Hundred Ninety Five be Capable to have or keép in his Possession or in the Possession of any other Person to his Vse or at his Disposition any Horse Gelding or Mare which shall be of the Value of Five Pounds or more And that if any Person being of the Protestant Religion shall make Discovery upon Oath of any such Horse or Horses to be in the possession of such Papist or of any person in Trust for him to any two Iustices of the Peace or to the Mayor or other Chief Magistrate of any City or Town Corporate That such Iustice of the Peace Mayor or other Chief Magistrate within their Respective Precincts shall from time to time by Warrant under his and their Hands and Seals Authorize such person with the Assistance of the Constable or his Deputy or such other person as he or they shall think fit who are hereby Required to be Aiding and Assisting therein in the Day time only to search for and secure all and every such Horse and Horses And in Case of Opposition or Resistance to break open any Door and bring such Horse or Horses before him or them And such person being of the Protestant Religion and making such Discovery paying or making Tender before such Iustices Mayor or other Chief Magistrate of any City or Town Corporate of the Summ of Five Pounds Five Shillings to the Owner or Possessor of such Horse or to such Iustice or Chief Magistrate in his or their Absence which the said Iustice or Chief Magistrate are hereby Authorized to Receive for the use of such Owner or Possessor And that from and after such payment or Tender and Refusal The property of such Horse or Horses for which such Summ or Summs shall be Respectively Tendred or paid shall by Authority of this present Act be Deémed and Adjudged to be Vested in the Person making such Discovery and Tender as if such Horse and Horses had beén bought and sold in Market Overt And the said Iustices of the Peace Mayor Bayliff or other Head Officer is and are hereby Authorized and Required by Warrant under his and their Hands and Seals to Cause such Horse and Horses to be Delivered accordingly And be it further Enacted That if any Person shall Conceal or be Aiding or Assisting in the Concealing any such Horse or Horses belonging to any Papist or suspected Papist Refusing to take the Oaths and Subscribe the Declaration aforesaid such Person or Persons being thereof duely Convicted by the Oaths of two or more Credible Witnesses before any Iustice of the Peace of the County where such Horse or Horses shall be Concealed shall be Committed to the Common Goal by Warrant from the said Iustice there to remain without Bail or Mainprize by the space of threé Months and shall forfeit and lose to His Majesty and his Successors treble the value of such Horse or Horses which value is to be Settled by the Iustices of the Peace in their general-quarter-General-Quarter-Sessions of the Peace in the Respective Counties who are hereby Authorized to Continue such person in Prison untill due payment of such Summ of Money to the Vse of his Majesty his Heirs and Successors And it is hereby Declared That Every Person shall be Deémed and taken to be a Papist within the meaning of this present Act who shall Refuse to take the Oaths and Subscribe the Declaration herein before-mentioned when the same shall be Tendred to him by any Iustice or Iustices of the Peace which said Oaths and Declaration the said Iustices of the Peace and Chief Magistrates are hereby Authorized and Required to Administer if any such person or persons shall deny him or themselves to be a Papist within the meaning of this Act And if any such person or persons shall take the said Oaths and Subscribe the said Declaration the said Iustice and Iustices of the Peace shall Certify under his hand his or their taking the said Oaths and Return the said Declaration to the next quarter-Quarter-Sessions to be held for the said County there to be Recorded as in such Cases is Vsual And be it further Enacted by the Authority aforesaid That if any Iustice or Iustices of the Peace Mayors Soveraigns Bayliffs or Chief Magistrates or Officers of any County or Town Corporate Respectively shall Neglect or Refuse to Execute any the Powers or Authorities which he or they is or are Respectively Required by this present Act to put in Execution Every such Iustice of the Peace Mayor Soveraign Bayliff or Chief Magistrate or Officer shall for Every such Default or Offence Lose and Forfeit the Summ of Fifty pounds to be Recovered in any of His Majesties Courts of Record by Bill Plaint or Information wherein no Essoyne Protection or Wager of Law shall be Allowed nor more then one Imparlance granted The one Moyety of such Forfeiture to be to His Majesty His Heirs and Successors and the other Moyety to such person as shall or will Sue for the same And the said Offenders shall be moreover and are hereby Disabled and made Incapable from and after his being Convicted to Act as Iustice of the Peace Mayor Soveraign Bayliff or Chief Magistrate or Officer in any County City or Town Corporate in this Kingdom FINIS
and go to the Vse of His Majesty His Heirs and Successors and the other Moyety to such person or persons who shall Sue for the same Provided always that this Act or any thing therein Contained shall not Extend or be Construed to Extend to hinder or Restrain any Nobleman or Gentleman from Keéping or Vsing a Sword and a Case of Pistols and a Gun for the Defence of his House or for Fowling so as such Nobleman or Gentleman before the said First Day of March in the Year of Our Lord One Thousand Six Hundred Ninety Five shall make proof to the satisfaction of the Lord Deputy or other Chief Governor or Governors and the Privy-Council of this Kingdom of Ireland that he upon the Third Day of October in the Year of Our Lord One Thousand Six Hundred Ninety One was an Inhabitant or Resident of Lymerick or some other Garrison then in the possession of the Irish or was then some Officer or Soldier then in Arms under a Commission of the Late Ring James or those Authorized under him to grant the same in the Counties of Limerick Clare Kerry Cork or Mayo or under their Protection in the said Counties or was then a Commissioned Officer in His Majesties Quarters belonging to the Irish Regiments then in being which were Treated with not being then a Prisoner of War nor having before that time taken Protection and that he has since Returned and Submitted to His Majesties Obedience and shall also prove as aforesaid that he was upon the said Third Day of October within this Kingdom and so as such Nobleman or Gentleman hath not any time since the said Third Day of October upon tender to him Refused to take the Oath of Allegiance Required to be Taken by an Act of Parliament in England made in the first Year of the Reign of His present Majesty and of the Late Queén MARY of Blessed Memory and shall take the said Oath when he shall be thereunto Required or shall prove as aforesaid that he was upon the One and Twentieth Day of July which was in the Year of Our Lord One Thousand Six Hundred Ninety One a Gentleman of Estate then belonging to the Town and Garrison of Galway But that such Nobleman or Gentleman Respectively so making proof and being qualified as aforesaid may Keép and Make use of a Sword a Case of Pistols and a Gun for defence of his House or for Fowling in such manner as he might have done in Case this Act had never beén Made any thing herein Contained to the Contrary in any wise Notwithstanding Provided always That an Entry shall be made of such proof and that no Gratuity Feé or Reward whatsoever shall be taken by any person other then the Summ of One Shilling for the making such proof or for the Entry thereof Provided always that no person shall be Convicted or Incurr any penalty upon this Act for any Offence Committed Contrary thereto upon any Confession or Discovery he or she shall make being Examined upon Oath unless such Offence shall be made out by other proof any thing herein Contained to the Contrary Notwithstanding Provided always that the Lord Deputy or other Chief Governor or Governors and Privy Council of this Realm for the time being may by Order of Privy Council at any time after the said First Day of March One Thousand Six Hundred Ninety Five Lycense any person or persons as he and they shall think fit to keép such Arms as shall be particularly Expressed in such Lycense in as full and ample manner as such Chief Governor or Governors heretofore might have done before the Passing of this present Act Any thing herein Contained to the Contrary Notwithstanding Which Lycense shall be granted without any Gratuity Feé or Reward other then the Summ of One Shilling for the Writing thereof And be it further Enacted by the Authority aforesaid That from and after the End of this present Sessions of Parliament no person whatsoever now or at any time whatsoever Exercising or using the Mystery or Art of making any Locks or Barrels for Guns Musquets Pistols or other Fire-Arms or of making Swords Bagonets Skeines Knives or other Weapons shall take to Prentice or Vse Receive or Instruct as an Apprentice any Person of the Popish Religion on pain that Every Person so Offending in Entertaining such Popish Person to be an Apprentice or Vsing Receiving or Instructing him as such shall for Every such Offence Forfeit the Summ of Twenty Pounds to be Recovered by Bill Plaint or Information in any of His Majesties Courts of Record wherein no Essoyne Protection or Wager of Law is to Allowed nor more then one Imparlance granted The one Moyety of all such Forfeitures to be to His Majesty His Heirs and Successors and the other Moyety to the Informer or him or them that shall or will Sue for the same And moreover the Indenture of Apprenticeship and all Bonds and Contracts to be made or Entred into by Reason or Occasion of any such Popish Person being put to be an Apprentice as aforesaid shall be void and are hereby declared to be void and Every such person of the Popish Religion who shall be hereafter put to be an Apprentice Instructed Contrary to the true meaning of this Act and who shall Exercise the said Art or Mystery shall for Every such Offence in Vsing or Exercising the said Art or Mystery or any part thereof Forfeit the Summ of Twenty Pounds to be Sued for and Recovered as aforesaid to the Vses before-mentioned And the Iustices of the Peace Mayors Soveraigns and other Head Officers of Cities Burroughs and Towns Corporate Respectively are hereby Authorized and Required to send for all Apprentices of such Persons Exercising the Art and Mystery aforesaid whom they shall suspect and shall tender to them the Oaths and Declaration following to be by them Respectively taken and Subscribed I A. B do Sincerely Promise and Swear That I will be Faithful and bear True Allegiance to His Majesty King WILLIAM So help me God I A. B. Do Swear that I do from my Heart Abhorr Detest and Abjure as Impious and Heretical That Damnable Doctrine and Position that Princes Excommunicated or Deprived by the Pope or any Authority of the See of ROME may be Deposed or Murdered by their Subject or any other whatsoever And I do Declare that no Foreign Prince Person Prelate State or Potentate hath or ought to have any Jurisdiction Power Superiority Preheminency or Authority Ecclesiastical or Spiritual within this Realm So help me God 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 Lords-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 and Adoration of the Virgin MARY or any other Saint and the Sacrifice of the