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第328章

For so far, however, the opportune moment for a formal rejection of the Limerick Treaty had not arrived. But when Parliament met in 1697it was deemed prudent to carry out the instruction of the Bishop of Meath, that no faith should be kept with Catholics. The Articles of Limerick were confirmed with most of the important clauses omitted or altered. The first clause guaranteeing toleration was deemed unfit to be mentioned in the bill. It is clear that in the House of Lords grave difficulties were urged against such a wholesale neglect of the terms of the treaty, and that it was necessary to invoke the authority of the king and of the English privy council before the measure was passed. Seven of the lay lords, and six of the Protestant bishops lodged a solemn protest against what had been done. Amongst the reasons which they assigned for their disagreement with the majority were: "(1) Because we think the title of the Bill doth not agree with the body thereof, the title being, An Act for the Confirmation of Articles made at the Surrender of Limerick, whereas no one of the said articles is therein, as we conceive, fully confirmed; (2) because the said Articles were to be confirmed in favour of them, to whom they were granted, but the confirmation of them by the Bill is such, that it puts them in a worse condition than they were before, as we conceive; . . . (4) because several words are inserted in the bill, which are not in the Articles, and others omitted, which alter both the sense and meaning, as we conceive."[6]

The way was now clear for beginning the attack upon the clergy. An Act was passed ordering "all Popish archbishops, bishops, vicars-general, deans, Jesuits, monks, friars, and all other regular Popish clergy, and all Papists exercising any ecclesiastical jurisdiction" to depart from the kingdom before the 1st May 1698, under threat for those who remained beyond the specified time, of being arrested and kept in prison till they could be transported beyond the seas. They were commanded to assemble before the 1st May at the ports of Dublin, Cork, Kinsale, Youghal, Waterford, Wexford, Galway, or Carrickfergus, register themselves at the office of the mayor, and await till provision could be made for transporting them. All such ecclesiastics were forbidden to come into the kingdom after the 29th December 1697, under pain of imprisonment for twelve months, and if any such person ventured to return after having been transported he should be adjudged guilty of high treason. If any person knowingly harboured, relieved, concealed, or entertained any popish ecclesiastic after the dates mentioned he was to forfeit ā20 for the first offence, ā40 for the second, and all his lands and property for the third offence, half to go (if not exceeding ā100) to the informer. Justices of the peace were empowered to summon all persons charged upon oath with having aided or received ecclesiastics and to levy these fines, or to commit the accused person to the county jail till the fines should be paid. All persons whatsoever were forbidden after the 29th December 1697, to bury any deceased person "in any suppressed monastery, abbey, or convent, that is not made use of for celebrating divine service, according to the liturgy of the Church of Ireland as by law established, or within the precincts thereof, under pain of forfeiting the sum of ten pounds," which sum might be recovered off any person attending a burial in such circumstances. Justices of the peace were empowered to issue warrants for the arrest of ecclesiastics who came into Ireland, or remained there in defiance of these statutes, and were commanded to give an account of their work in this respect at the next quarter sessions held in their counties. Finally, it was provided that any justice of the peace or mayor who neglected to enforce this law should pay a fine for every such offence of ā100, half of which was to be paid to the informer, and should be disqualified for serving as a justice of the peace. An Act was also passed "to prevent Protestants intermarrying with Papists." If any Protestant woman, heir to real estate or to personal estate value ā500 or upwards, married a husband without having first got "a certificate in writing under the hand of the minister of the parish, bishop of the diocese, and some justice of the peace," and attested by two witnesses that her intended husband was a Protestant, the estates or property devolved immediately on the next of kin if a Protestant; and if any man married without having got a similar certificate that the lady of his choice was a Protestant he became thereby disqualified to act as a guardian or executor, to sit in the House of Commons, or to hold any civil or military office, unless he could prove that within one year he had converted his wife to the Protestant religion. Any clergyman assisting at such marriages was liable to a penalty of ā20, half of which was to be paid to the informer.[7]

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