IRISH PENAL LAW - STATUTES IN CHRONOLOGICAL ORDER
Prior Chronological Summaries
2. THE REIGN OF QUEEN ANNE
English Statute 1 Ann
c.26 (1702):
An Act for the Relief of the Protestant Purchasers
of the forfeited Estates in Ireland
Sec. 7: To the end that none of the aforesaid purchased forfeited
estates may ever descend to any Papist but shall remain to be held and enjoyed
by Protestants for the strengthening of the English interest and Protestant
religion, if any person educated in the popish religion, or professing the
same, and being under the age of 18, shall not, within 6 months of attaining
the age of 18, take the oaths of allegiance
and supremacy, and the declaration against
transubstantiation in the courts of Chancery or Kings-bench in England or Ireland,
or in the quarter-sessions where such person shall reside, and continue to be
a protestants, such person in respect of himself only, and not his heirs or
posterity, shall be disabled to take by decent, devise, or limitation, any of
the forfeited estates purchased in Ireland, and during the life of such person,
or until he shall take the oaths etc., the protestant next of kin shall enjoy
the premises.
Source
English Statute
1 Ann c.26 (1702):
An Act for the Relief of the Protestant Purchasers
of the forfeited Estates in Ireland
Sec. 8: Such papist shall also be disabled to purchase any of the forfeited
premises, and all estates and interests in the premises for the benefit of such
person shall be void.
Source
English Statute
1 Ann c.26 (1702):
An Act for the Relief of the Protestant Purchasers
of the forfeited Estates in Ireland
Sec. 9. All leases of the said forfeited estates shall be made to such
persons only as are of the protestant religion, and any lease made to or in
trust for any papist shall be void, and both the person making such lease and
the person for whose benefit the lease shall be made, shall forfeit treble the
yearly value of the lands, one half to her Majesty, the other to such protestant
who will sue for the same.
Source
English Statute
1 Ann c.26 (1702):
An Act for the Relief of the Protestant Purchasers
of the forfeited Estates in Ireland
Sec. 10. Nothing in this act shall make void any lease of any cottage
or cabin under the yearly value of 30 shillings to any day-labourer.
Source
English Statute
1 Ann c. 26 (1702):
An Act for the Relief of the Protestant Purchasers
of the forfeited Estates in Ireland
Sec. 15. No papist, during the time of his professing the popish religion,
shall be capable to inherit, take or enjoy any other forfeited estates or interest
therein, and if any person educated in the popish religion, or professing the
same, shall not, within 6 months after the accruing of his title, or of attaining
the age of 18, take the oaths of allegiance
and supremacy, and the declaration against
transubstantiation in the courts of Chancery or Kings-bench in England or Ireland,
or in the quarter-sessions where such person shall reside, and continue to be
a protestants, such person in respect of himself only, and not his heirs or
posterity, shall be disabled to inherit or take any of the premises, or any
trust or interest in the same, and during the life of such person, or until
he shall take the oaths etc., the next of kindred who shall be a protestant,
shall enjoy the premises.
Source
English Statute
1 Ann c.26 (1702):
An Act for the Relief of the Protestant Purchasers
of the forfeited Estates in Ireland
Sec. 16-17. All leases of any of the premises shall be made to protestants
and none other, and any lease made to or in trust for any papist shall be void,
and both the person making such lease and the person for whose benefit the lease
shall be made, shall forfeit treble the yearly value of the lands, one half
to her Majesty, the other half to such protestant who will sue for the same.
Same proviso excepting cottages.
Source
English Statute
1 Ann c.26 (1702):
An Act for the Relief of the Protestant Purchasers
of the forfeited Estates in Ireland
Sec. 20. In all acts which have passed this session of parliament relating
to the forfeited estates in Ireland, which injoin the taking the oaths
of allegiance, the person injoined to take oaths of allegiance, shall be
obliged at the same time to take the oath of supremacy, under the like penalties.
Source
English Statute
1 Ann c.26 (1702):
An Act for the Relief of the Protestant Purchasers
of the forfeited Estates in Ireland
Sec. 21. There shall not be let with any cabin or cottage to any day
labourer (as by any act of this session relating to the forfeited estates in
Ireland is permitted) above 2 acres of land, and not above one cottage or cabin
with such land to any one day-labourer. Or such lease will be void, and both
the person making and the person taking such lease, or occupying such cottage
or lands, shall forfeit treble the yearly value, to be recovered and distributed
as any other penalties by the said acts.
Source
English Statute 1 Ann
stat 2, c.21 (1702):
An Act for enlarging the Time for taking the Oath of
Abjuration ....
Sec. 4,5. Every person that shall bear any office military or civil,
or shall receive any grant from her Majesty, or shall have command or place
of trust under her Majesty in Ireland, shall take the revised oath of abjuration,
as well as the other oaths and declaration
against transubstantiation required by {English) 3 Will & Mary c.2.
All ecclesiastical persons, masters, head, and fellows of the university of
Dublin, school-teachers, and barristers, attorneys, solicitors, proctors, and
notaries in Ireland shall take such oath of abjuration during Easter term 1703
or upon first entering into such office
Source
English Statute
1 Ann, stat 2, c.21 (1702):
An Act for enlarging the Time for taking the Oath of
Abjuration ....
Sec. 6. Every person who shall fail to take said oaths etc. shall incur
those penalties of English statute 13 Will III c.6, that apply to persons in
England. viz shall be ipso facto incapable to enjoy the office etc.
Source
English Statute
1 Ann, stat 2, c.21 (1702):
An Act for enlarging the Time for taking the Oath of
Abjuration ....
Sec. 10-11. No peer of Ireland nor member of the House of Commons in
that kingdom shall vote or sit during debates until he shall have taken the
said oath at the same time and manner as directed for making the declaration
by 3 Will.& Mary, c.2.. Any who presume to vote not having taken the said
oath, shall incur the penalties in (English)13 Will III c.6, sec 10, viz, shall
be adjudged a popish recusant, be disabled to hold any office or place of profit
or trust, civil or military in any of his Majesty's realms, to sit in Parliament,
or sue in law or equity, or be a guardian or administrator or capable of any
legacy or deed, and for each offence forfeit 500 pounds to the informer who
shall sue for the same, etc.
Source
English Statute
1 Ann, stat 2, c.21 (1702):
An Act for enlarging the Time for taking the Oath of
Abjuration ....
Sec. 12. This act shall not extend to the inferior offices such as constable,
overseer of the poor, church warden, etc.
Source
2 Ann c.3 (1703):
An Act to prevent Popish Priests from coming into this
Kingdom
Sec. 1. Whereas great numbers of Popish bishops, deans, fryers, jesuits,
and other regulars of the popish clergy come into this kingdom from France,
Spain, and other foreign parts, under the disguise of being Popish secular priests,
with intent to stir up her Majesty's Popish subjects to rebellion, and for that
sufficient proof to convict them cannot be had, they have hitherto remained
in this kingdom contrary to law, to the great prejudice of her Majesty's Protestant
subjects and to the hazard of the publick peace, every clergyman of the
popish religion who shall come into this kingdom and every person who shall
knowingly conceal the same, shall be liable to such penalties, forfeitures,
and punishments as is imposed on popish bishops etc. by the act of 9
Will III c.1.
Source
2 Ann c. 3: (1703):
An Act to prevent Popish Priests from coming into this
Kingdom
Sec. 2. Any person who shall knowingly harbour such clergyman of the
popish religion shall be liable to such penalties as are imposed on the harbourers
of popish regulars.
Source
2 Ann c. 3:
(1703)
An Act to prevent Popish Priests from coming into this
Kingdom
Sec. 3-4. Justices of the peace, mayors etc are enjoined to use utmost
diligence in apprehending such popish priests; neglect of this duty to be punished
by a forfeiture of 100 pounds, one half to the Queen, the other to the informer.
Jurisdiction over returned priests shall be in such county wherein they shall
be taken or in any county where her Majesty shall appoint.
Source
2 Ann c.5 (1703):
An Act to make it High Treason in this Kingdom to impeach
the Succession of the Crown...
Sec. 1. FORASMUCH as the future security of your Majesty's protestant
subjects of this kingdom doth (next under God) depend upon the safety of your
Majesty's royal person and upon the succession in the protestant line, and forasmuch
as it most manifestly appears that the papists of this kingdom, and other disaffected
persons, do still entertain hopes of disappointing the said succession,
if any person shall endeavour to hinder that succession by any overt act or
deed, such offense shall be adjudged high treason.
Source
2 Ann c.6 (1703):
An Act to prevent the further Growth of Popery
Sec. 1. Any person who shall seduce any protestant to forsake the same
and to profess the popish religion, as also any protestant who shall be so seduced,
shall incur the penalty of praemunire.
And any person who for any reason, shall send any child under
the age of 21 into France, or any place beyond the seas, except
ships boys and merchants' apprentices, without special licence
of her Majesty or the chief governors of this kingdom and four
or more privy councillors, they shall incur the penalties of 7 Will III c.4.
Source
2 Ann c.6 (1703):
An Act to prevent the further Growth of Popery
Sec. 2. Where any judge or two justices of the peace shall have reasonable
cause to suspect that any child has been sent abroad, they shall convene the
father, mother, or guardian, and shall require them to produce the child within
two months. If such persons shall not produce the child without good reasons,
or prove that the child resides elsewhere in her Majesty's dominions, such child
shall be deemed educated in foreign parts and shall incur all the penalties
established for the same.
Source
2 Ann. c.6 (1703):
An Act to prevent the further Growth of Popery
Sec. 3. The Protestant child of popish parents may bring a complaint
in the Court of Chancery, which court may order such popish parent to maintain
such child suitable to the degree and ability of such popish parent and the
age of such child, and order an appropriate portion for every such Protestant
child to be paid at the decease of such popish parent.
If the eldest son and heir of a popish parent shall become protestant, such
popish parent shall, from the time of inrolment in chancery of a certificate
of the bishop of the diocese testifying the son's being a protestant, become
only tenant for life of any real estate which the popish parent shall then own,
and the reversion vested in such protestant eldest son, subject to maintenances
and portions for the other children, as the court shall order, not to exceed
one third of the estate, and free of all settlements, sales and incumbrances
made by the popish parent after conversion of the son. And rolls shall be kept
in a publick place of such certificates, where all persons may at seasonable
times resort to and peruse the same without fee.
Source
2 Ann c.6 (1703):
An Act to prevent the further Growth of Popery
Sec. 4. No person of the popish religion shall be guardian unto, or have
custody of, any child under the age of 21 years, but such orphan child shall
be disposed of by the court of chancery to some near relation of the child being
protestant and to whom the estate cannot descend, or, in case there be no such
fit protestant relation, to some other Protestant, who is required to use his
utmost care to educate such minor in the protestant religion until the age of
21 years.
And the court of chancery shall order the education in the protestant religion
of the children of any papists, where either the father or the mother of such
children shall be a protestant, to the age of 18 years, and appoint where, by
whom and in what manner such child shall be educated, and the father of such
children shall pay the charges of such education, and such children shall be
taken from such popish parent for education according to such order.
And any person professing the popish religion who shall take upon themselves
the guardianship of any orphan contrary to law, shall forfeit five hundred pounds
the benefit to the Blue-coat hospital in Dublin.
Source
2 Ann c.6 (1703):
An Act to prevent the further Growth of Popery
Sec. 5. If any protestant having an estate or interest real or personal
in this kingdom shall intermarry with any papist, either within this kingdom
or in any parts out of this kingdom, such persons shall be liable to all the
penalties established by 9 Will III. c. 3, as if such marriage took place
within this kingdom. Provided that the certificate of a protestant minister
performing the marriage out of this kingdom attested by a public notary shall
be sufficient to avoid such penalties.
Source
2 Ann c.6 (1703):
An Act to prevent the further Growth of Popery
Sec. 6. Every papist shall be disabled to purchase any lands, or any
rents or profits of lands, or any lease of lands, other than for a term not
exceeding 31 years, whereon a rent not less than two thirds of the improved
yearly value, at the time of making such lease, shall be reserved during such
term.
And all estates or terms or other interests acquired after the 24th of March,
1703, other than such 31-year leases, by or on behalf of papists, shall be void.
Source
2 Ann c.6 (1703):
An Act to prevent the further Growth of Popery
Sec. 7. No papist shall inherit or take any other interests in land owned
by a Protestant, unless the papist shall conform to the protestant religion
within six months of the time at which he would be entitled to said lands. But
during the life of such papist the nearest protestant relation shall enjoy such
land without being accountable for the profits, subject only to charges for
the maintenance of the children of such disabled papist as the chancellor shall
see fit to allow until they reach the age of 18.
Source
2 Ann c.6 (1703):
An Act to prevent the further Growth of Popery
Sec. 8. Provided that if any papist that would be entitled to the same
by virtue of this act, or the disability of another papist, shall afterwards
become protestant, and continue as such, he shall be intitled to enjoyment of
the land as he would have been if he had been a protestant when the disability
fell on such other papist. And the person enjoying the same may lease the land,
or any part thereof, for 21 years or less, without fine, reserving the best
improved rent that can be got, but if such person commit waste on the said lands,
the disabled party may recover damages for the waste.
Source
2 Ann c.6 (1703):
An Act to prevent the further Growth of Popery
Sec. 9. Provided that the protestant wife of such disabled papist shall
have her dower and thirds as at common law.
Source
2 Ann c.6 (1703):
An Act to prevent the further Growth of Popery
Sec. 10. All lands owned by a papist, and not sold during his lifetime
for valuable consideration, really and bona fide paid, shall descend in gavelkind,
that is to all of his sons, share and share alike, and not to the eldest son
only, and lacking sons, to all his daughters, and lacking issue, to all kin
of the papist's father in equal degree, etc.; notwithstanding any grant, settlement
or disposition made by such papist, by will or otherwise, subject however to
all debts and incumbrances charging such estate.
Source
2 Ann c.6 (1703):
An Act to prevent the further Growth of Popery
Sec. 11. Provided such papist may charge his estate with reasonable maintenances
and portions for his daughters.
Source
2 Ann c.6 (1703):
An Act to prevent the further Growth of Popery
Sec. 12. If the eldest son or heir at law of a papist be a protestant
at the time of the decease of such papist, the lands of the papist shall descend
to that eldest son or heir at law according to the rules of the common law,
provided that the bishop's certificate of his being protestant be enrolled within
3 months after the decease of such papist,
And if that eldest son or heir at law become a protestant within one year after
the decease of such papist, he shall be entitled to the real estate of such
papist, as he might have done had he been a protestant at the time of such papist's
decease.
And the estate shall be chargeable with such sums for the maintenance and portions
of the daughters and younger sons of such papist as the court of chancery shall
appoint, not to exceed the value of one third of the estate.
Source
2 Ann c.6 (1703):
An Act to prevent the further Growth of Popery
Sec. 13. Provided that such lands, during such time as any protestant
shall be seized thereof in fee-simple or fee-tail, shall from such protestant
be descendable according to the rules of the common law.
Source
2 Ann c.6 (1703):
An Act to prevent the further Growth of Popery
Sec. 14. All debts and incumbrances that a papist may contract to encumber
his real estate must be publicly recorded in the court of exchequer within six
months after the making thereof, or the same shall not encumber the estate during
such time as it shall belong to a protestant.
Source
2 Ann c.6 (1703):
An Act to prevent the further Growth of Popery
Sec. 15. No person shall benefit from this act as a protestant unless
he shall conform to the Church of Ireland as by law established, and subscribe
to the declaration against transubstantiation
and the oath of abjuration.
Source
2 Ann c.6 (1703):
An Act to prevent the further Growth of Popery
Sec. 15. Cont.
OATH OF ABJURATION
I, A.B., do truly and sincerely acknowledge, profess, testify and declare in
my conscience, before God and the world, that our sovereign lady Queen Anne
is lawful and rightful queen of this realm, and of all other her Majesty's dominions
and countries thereunto belonging. And I do solemnly and sincerely declare,
that I do believe in my conscience, that the person pretending to be Prince
of Wales, during the life of the late King James, and since his decease pretending
to be and taking upon himself the style and title of King of England by the
name of James III, hath not any right or title whatsoever to the crown of this
realm, or any other the dominions thereto belonging, and Ido renounce, refuse,
and abjure any allegiance or obedience to him. And I do swear that I will bear
faith and true allegiance to her majesty Queen Anne, and her will defend to
the utmost of my power against all traitorous conspiracies and attempts whatsoever,
which shall be made against her person, crown, or dignity. And I will do my
best endeavour to disclose and make known to her majesty, and her successors,
all treasons and traitorous conspiracies, which I shall know to be against her
and any of them. And I do faithfully promise to the utmost of my power to support,
maintain, and defend the limitation and succession of the crown against him
the said James, and all other persons whatsoever, as the same is and stands
limited by [those acts settling the protestant succession of the crown]. And
all these things I do plainly and sincerely acknowledge and swear, according
to the express words by me spoken, and according to the plain and common sense
and understanding of the same words, without any equivocation, mental evasion
or secret reservation whatsoever. And I do make this recognition, acknowledgement,
abjuration, renunciation and promise, heartily, willingly, and truly, upon the
true faith of a Christian. So help me God.
Source and note
2 Ann c.6 (1703):
An Act to prevent the further Growth of Popery
Sec. 16-17. All persons that shall bear any office civil or military,
or receive any pay from or have place of trust under her Majesty, on the first
day of Easter Term, 1704, shall personally appear in one of her Majesty's Four
Courts, and in open court take the several
oaths and declaration of 3 Will &
Mary, and also shall at the same time take the oath of abjuration of English
Statute 1 Ann c.17. And such person shall also receive the sacrament of the
Lord's supper according to the usage of the established church of Ireland, and
provide certificates of having done so. All persons that shall be admitted into
any such office etc. after such date shall take the same oaths etc either in
said courts or at the general quarter sessions where they shall reside, and
fulfill the like requirements.
Source
2 Ann c.6 (1703):
An Act to prevent the further Growth of Popery
Sec. 18. All persons aforesaid who shall refuse to take such oaths etc.
shall be ipso facto incapable to enjoy the said offices or any profit appertaining
to them. And any person who shall execute such offices after the said times
expired wherein they ought to have taken the said oaths etc. shall on conviction
be disabled to sue at law or equity, or be guardian of any child, or capable
of any legacy or gift, or bear any office, and shall forfeit 500 pounds.
Source
2 Ann c.6
(1703):
An Act to prevent the further Growth of Popery
Secs. 19-22. Give procedural details on administering this statute, and
provide it shall not apply to inferior civil offices, or private offices, such
as forester or keeper of any park or game.
Source
2 Ann c.6
(1703):
An Act to prevent the further Growth of Popery
Sec. 23 and 28. No papists shall take or purchase any house or tenement
or inhabit the cities of Limerick and Galway, or the suburbs thereof, and all
papists now inhabiting said cities or suburbs, shall before the 24th of March
next ensuing before the chief magistrate become bound to her Majesty with two
sufficient sureties, in a reasonable penal sum to be set by the chief magistrate,
sheriff or recorder, with condition of faithfully bearing himself toward her
Majesty, and in default of giving such security, such papists shall depart from
the said city before the 24th of March, 1705. Provided that seamen, fishermen,
and day labourers in houses worth 40 shillings a year or less are excepted.
Source
2 Ann c.6 (1703):
An Act to prevent the further Growth of Popery
Sec. 24. No papist shall vote for the electing of any person to serve
in Parliament without first taking the oath
of allegiance and the oath of abjuration and
showing a certificate thereof.
Source
2 Ann c.6 (1703):
An Act to prevent the further Growth of Popery
Sec. 25. Any advowsons of churches, or right of presentation to any ecclesiastical
benefice claimed by papists shall vest in her Majesty until such papist shall
conform.
Source
2 Ann c.6 (1703):
An Act to prevent the further Growth of Popery
Sec. 26. Whereas the superstitions of popery are greatly increased
by the pretended sanctity of places, especially of a place called St. Patrick's
Purgatory in the county of Donegal, and of wells to which pilgrimages are made
by vast numbers, all such meetings and assembles shall be adjudged riots,
and unlawful assemblies, and punishable as such, and all sheriffs, justices
of the peace and other magistrates shall be diligent in putting the laws against
offenders into due execution.
Source
2 Ann c.6 (1703):
An Act to prevent the further Growth of Popery
Sec. 27. All persons so assembling contrary to this Act shall forfeit
ten shillings, one half to the informer, one half to the poor of the parish
where such offender shall be convicted.
And if such offender shall not pay said sum, he shall be committed to a constable
to be publickly whipped.
And all persons who at such assemblies build booths or sell ale, victuals, or
other commodities, shall forfeit twenty shillings, to be levied by sale of such
goods, and in default of such sale, by imprisonment until paid.
And magistrates are required to demolish all crosses, pictures, and inscriptions
that are anywhere publickly set up and which are the occasion of popish superstitions.
Source
2 Ann c.7 (1703):
An Act for registering the Popish Clergy
Sec. 1. Whereas two acts lately made for banishing all regulars of
the Popish clergy out of this kingdom and to prevent Popish priests from coming
into the same may be wholly eluded, unless the government be truly informed
of the number of such dangerous persons as still reside among us, all popish
priests now in this kingdom shall after 24 June, 1704 register at the next quarter
sessions, with their name, age, the parish of which he pretends to be popish
priest, the time and place of receiving popish orders, and from whom received,
and give two sureties of fifty pounds for peaceable behaviour and not remove
to any other part of the kingdom.
And all popish priests who shall not so register shall be committed
to the common gaol till they be transported.
Source
2 Ann. c. 7: (1703)
An Act for registering the Popish Clergy
Sec. 1 cont. All popish priests being so convicted shall be transported
out of this kingdom, and shall incur the same penalties upon returning as popish
bishops and regulars, by the Act of 9 Will.
III, ch 1. Clerks of the peace are to transmit returns of such registrations,
or forfeit 10 pounds.
Source
2 Ann c.7 (1703):
An Act for registering the Popish Clergy
Sec. 2. Every popish priest who shall convert and conform to the Church
of Ireland as by law established shall have 20 pounds yearly for their maintenance
and till they are otherwise provided for, said money to be levied on the inhabitants
of such county or city or town where such converted priest did last officiate.
And such converts shall publickly read the liturgy of the Church of Ireland
in the English or Irish tongue, in such places as the archbishop or bishop of
that diocese shall appoint.
Source
2 Ann c.7 (1703):
An Act for registering the Popish Clergy
Sec. 3. No popish priest shall have any popish curate. Every popish priest
that shall neglect to register shall depart out of this kingdom before the 20th
of July, 1704, and any remaining shall be esteemed a popish regular clergyman,
and prosecuted as such.
Source
2 Ann c.14 (1703):
An Act for naturalizing of all Protestant strangers
in this kingdom
Sec.1-2. Revives the act of 14-15 Charles 2, c.13 for encouraging and
naturalization of Protestant strangers and continues its provisions for 5 more
years, provided the immigrants take the oaths of allegiance, abhorrence,
and abjuration and the declaration
against transubstantiation.
Source
2 Ann c.14 (1703):
An Act for naturalizing of all Protestant strangers
in this kingdom
Sec. 3-5. Provided no naturalized
alien shall serve or vote in any election to Parliament, or corporation office
or election. The freedom of any city received hereunder continues only while
he or she dwells therein. And those who bring an expence with them shall be
freed from corporation taxes and offices for 7 years.
Source
4 Ann c.2 (1705):
An Act to explain and amend an Act, intituled An Act
for registering the popish clergy
Sec. 1. Whereas two acts lately made for banishing popish clergy do
not extend to the great numbers of popish priests as have been ordained in this
kingdom since the time appointed for registering the popish clergy, if any
popish priest shall after the 24th day of June 1705 be found in this kingdom
other than those priests who shall have registered, shall be liable to the penalties
imposed on popish bishops and regulars.
Source
4 Ann c.2 (1705):
An Act to explain and amend an Act, intituled An Act
for registering the popish clergy
Sec. 2. Any persons who knowingly harbour such unregistered popish clergymen
shall be liable to the penalties imposed on concealers of popish bishops and
regulars.
Source
4 Ann c.2 (1705):
An Act to explain and amend an Act, intituled An Act
for registering the popish clergy
Sec. 4. Any mayor, justice of the peace or other officer who shall neglect
to execute this Act shall forfeit 50 pounds, one half to the Queen, one half
to the informer.
Source
6 Ann. c.6 (1707):
An Act to explain ...An Act to prevent Papists being
Solicitors
Sec. 1-4. Papists who act as solicitors or agents without having taken
the required oaths forfeit 200 pounds. Any person whatsoever may demand that
said oaths be tendered to a suspected popish solicitor etc, and upon refusal,
and proof by two witnesses that said solicitor etc. has acted as such, such
papist shall be convict and forfeit to the person demanding the oaths the sum
of 200 pounds.
Source
6 Ann. c. 6 (1707):
An Act to explain ...An Act to prevent Papists being
Solicitors
Sec. 5. No papist shall
serve on any grand jury unless it shall appear that a sufficient number of protestants
cannot be had for such service.
And at all trials on any presentment, indictment or information on the popery
acts, any papist on the petit jury may be challenged and such challenge shall
be allowed.
Source
6 Ann c.6
(1707):
An Act to explain ...An Act to prevent Papists being
Solicitors
Sec. 6-9. No attorney, six-clerk, solicitor, or officer shall take any
papist or reputed papist to be his apprentice or clerk, or knowingly permit
any popish solicitor, agent, or manager to search records, pleadings, etc. or
otherwise practise as such, upon pain of 50 pounds for each such offence, and
to be held by the court to special bail. Provided, solicitors etc comprehended
within the articles of Limerick are excepted, as are persons acting on their
own behalf, or menial servants acting in their master's suits.
Source
6 Ann c. 11 (1707):
An Act for explaining and amending two several acts
against tories, robbers, and rapparees
Sec 5. Whereas the papists
of this kingdom do frequently keep private intelligence with the French and
other enemies, by means whereof several parts of the coasts are infested and
insulted by French privateers chiefly manned by Irish papists, who have robbed
several of her Majesty's faithful subjects, reimbursement for such losses
shall be applotted and levied on the lands, goods and chattels of the popish
inhabitants of the country where the robbery shall be committed.
Source
6 Ann c. 16 (1707):
An Act for ... preventing the .. marrying children
against the wills of their parents or guardians
Sec. 6. Any popish priest
who marries any persons knowing that either of them is of the protestant religion,
shall suffer the penalties of a popish regular.
Source
8 Ann c.3 (1709):
An Act for explaining ... an Act to Prevent the further
Growth of Popery
Sec. 1. Whereas the prior Act has been eluded by making of settlements
on papists by granting annuities for lives, and by perfecting collateral securities
for performing the covenants in such deeds of annuity, under pretence that annuities,
being only personal and not real inheritance, are not comprehended under said
act, no papist shall be capable to receive any annuities chargeable on or
affecting any lands etc., and all securities for such annuities as they affect
lands of such papist, shall be void.
Source
8 Ann c.3 (1709):
An Act for explaining ... an Act to Prevent the further
Growth of Popery
Sec. 2. Provided any papist to whom such annuity may be granted may execute
for the same upon the person or personal estate of the grantor.
Source
8 Ann c.3 (1709):
An Act for explaining ... an Act to Prevent the further
Growth of Popery
Sec. 3. Where any children of popish parents shall conform themselves
to the protestant religion as by law established, the court of chancery upon
a bill brought by such children, may oblige such popish parents to discover
upon oath the full value of all their estate, personal and real, and to make
such order for the maintenance of such protestant children as the court shall
judge fit..
By such order the estate of the popish parents shall be charged with such portions,
future maintenances and support, notwithstanding any fraudulent gift or sale
or voluntary disposition, provided not more than one third of the estate shall
be disposed of for such maintenance and support of protestant children during
the life of such popish parents.
Source
8 Ann. c.3 (1709):
An Act for explaining ... an Act to Prevent the further
Growth of Popery
Sec. 4. Whereas such popish parents do set up fraudulent settlements
and incumbrances to make their estate appear small, in order to deprive such
of their children as shall become protestants of a reasonable maintenance,
the court of chancery upon new bills may augment such maintenance and portion
allowed to such protestant children, according to the value of the estate at
the time of such new bills.
Source
6.05
8 Ann. c.3 (1709):
An Act for explaining ... an Act to Prevent the further
Growth of Popery
Sec. 5. Provided that if such new bills are groundless and vexatious,
they shall be dismissed, with costs to the defendant.
Source
8 Ann c.3 (1709):
An Act for explaining ... an Act to Prevent the further
Growth of Popery
Sec. 6 - 8. All settlements and other conveyances made since the 1st
of January 1703 of any lands etc. by papists whereby any protestant is barred
from any estate in reversion or remainder shall be void, unless such conveyance
or mortgage shall be to a protestant for full and valuable consideration really
and bona fide made. Provided every protestant whose remainder or reversion is
protected by this section 6 shall have the right of redemption of all such mortgages.
Source
8 Ann c.3 (1709):
An Act for explaining ... an Act to Prevent the further
Growth of Popery
Sec. 9. The clause of 2 Ann c.6, sec.10 commonly
called the gavelling clause, shall be adjudged to take effect from the first
day of that session of parliament, and all settlements, sales and other conveyances
by any papist of any lands etc. to elude the said act shall be void.
Source
8 Ann c.3 (1709):
An Act for explaining ... an Act to Prevent the further
Growth of Popery
Sec. 10. Nothing herein contained shall extend to any lands aliened or
disposed of between 21 September 1703 and 25 March 1704 for valuable consideration
of marriage or money bona fide paid, or for reasonable maintenances and portions
charged for daughters and younger children.
Source
8 Ann c.3 (1709):
An Act for explaining ... an Act to Prevent the further
Growth of Popery
Sec. 11. No persons who have turned from the popish to the protestant
religion shall be deemed to be protestant or take benefit thereby unless such
persons shall within 6 months of declaring themselves protestant, receive the
sacrament of the Lord's Supper according to the usage of the Church of Ireland,
and make the declaration against transubstantiation,
and shall take the oath of abjuration, and shall file in the high court of chancery,
certificates thereof.
Source
8 Ann c.3 (1709):
An Act for explaining ... an Act to Prevent the further
Growth of Popery
Sec. 12. Every person that shall be converted from the popish to the
protestant religion and shall hold any public employment or place of profit
or trust, or be a member of either house of parliament, or practise as barrister
at law, attorney, or solicitor, or officiate as any officer of the court, shall
cause his children under the age of 14 years at the time of the conversion of
said parent to be educated in the protestant religion.
And for default thereof, such employment or place of profit or trust shall be
declared void, such member of parliament shall be incapable to sit or vote in
parliament, and such barrister etc. shall be incapable of practising.
Source
8 Ann c.3 (1709):
An Act for explaining ... an Act to Prevent the further
Growth of Popery
Sec. 13. Nothing herein shall extend to the office of high constable,
tithingman, overseer of the poor, or like inferior office.
Source
8 Ann c.3 (1709):
An Act for explaining ... an Act to Prevent the further
Growth of Popery
Sec. 14. If any woman who was a papist at the time of her marriage with
a popish husband, and who hath power to make jointures, shall become protestant,
and inroll a certificate thereof and receive the sacrament, she, if surviving
her popish husband, shall have provision not exceeding the power on bringing
a bill in chancery.
Source
8 Ann c.3 (1709):
An Act for explaining ... an Act to Prevent the further
Growth of Popery
Sec. 15. The wife of a popish husband who shall become protestant during
the life of such popish husband shall have such portion of the chattels real
and personal of which such popish husband shall die possessed as the court of
chancery shall think reasonable, not exceeding one third part, notwithstanding
any will or voluntary disposition made by such popish husband to the contrary.
Source
8 Ann c.3 (1709):
An Act for explaining ... an Act to Prevent the further
Growth of Popery
Sec. 16. Whereas notwithstanding the act of 7
Will. III ch 4, many persons of the popish religion continue to keep publick
schools, and when prosecuted for so doing, do abscond to other counties to keep
publick schools, and whereas several protestant schoolmasters, to increase the
number of their scholars, so chose to combine with such papists rather than
prosecute them, and frequently become negligent of their said duties and leave
the instruction of the youth, as well protestant as popish scholars, to the
instruction of such popish assistants, whereby popery doth continue to grow
in this kingdom, whatever person of the popish religion who shall publickly
teach school or instruct youth in learning in any private house, or as an usher
or assistant to any protestant schoolmaster, shall be prosecuted as and incur
such penalties as a popish regular clergyman.
And no person shall publickly teach school or instruct youth in a private house,
or as an usher or assistant to a protestant schoolmaster, unless he first take
the oath of allegiance, and subscribe to
the declaration against transubstantiation,
and the oath of abjuration.
And if any person shall offend herein, or hire one not qualified herein as usher
or assistant, he shall forfeit ten pounds, half to the informer and half to
the use of the poor of the parish.
Source
8 Ann c.3 (1709):
An Act for explaining ... an Act to Prevent the further
Growth of Popery
Sec 17. The acts of 2 Ann c.3 and 4
Ann c.2 requiring the registration of popish clergy, are hereby made perpetual.
Source
8 Ann c.3 (1709):
An Act for explaining ... an Act to Prevent the further
Growth of Popery
Sec. 18. The annual maintenance for converted priests is raised to 30
pounds yearly, to be levied on the inhabitants of such county where such converted
priest did last reside, and requires them to not only read the common prayer
or liturgy of the Church of Ireland, but also to preach weekly in the English
or Irish tongue as the bishop shall direct.
Source
8 Ann c.3 (1709):
An Act for explaining ... an Act to Prevent the further
Growth of Popery
Sec. 19. Every popish priest which keeps a curate shall lose the benefit
of being registered, and he and his popish curate shall be prosecuted as popish
regulars.
Source
8 Ann c.3 (1709):
An Act for explaining ... an Act to Prevent the further
Growth of Popery
Sec. 20. For discovering, so to lead to the apprehension and conviction
of any popish archbishop, bishop, vicar general, jesuit, monk, or other person
exercising foreign ecclesiastical jurisdiction, a reward of 50 pounds, and 20
pounds for each regular clergyman or non-registered secular clergyman so discovered,
and 10 pounds for each popish schoolmaster, usher or assistant; said reward
to be levied on the popish inhabitants of the county where found.
Source
8 Ann c.3 (1709):
An Act for explaining ... an Act to Prevent the further
Growth of Popery
Sec. 21. Any 2 justices of the peace may summon any popish person of
sixteen years or upwards, to appear in three days and give testimony on oath
where and when he heard or was present at the celebration of the popish mass,
and who celebrated the same, and who were present at the celebration thereof,
and likewise touching the residence of any popish priest or any popish schoolmaster
who may be disguised, concealed, or itinerant in the country, and also to fully
answer to all such circumstances and things touching on such popish persons.
Such person not appearing, or answering, shall be committed to the common gaol
for twelve months, unless he or she pay down a sum not exceeding twenty pounds,
for the use of the poor of the parish.
Provided that such examination shall be only of such offenses committed within
thirty days before such examination, and shall not subject the party examined
to any penalty, or be used in evidence against him, unless said person is indicted
for having committed wilful perjury in such examination.
Source
8 Ann c.3 (1709):
An Act for explaining ... an Act to Prevent the further
Growth of Popery
Sec. 22. All registered popish priests shall take the oath of abjuration
before the 25th of March, 1710, or incur the penalties as a popish regular.
Source and Note
8 Ann c.3 (1709):
An Act for explaining ... an Act to Prevent the further
Growth of Popery
Sec. 23. Any two justices of the peace, by warrant directed to any sheriff
or constable, may summon any man of 16 years and upward, to appear before such
justices, and take and subscribe the oath of abjuration.
And if such person not appear, or refuse to take the oath, he may be committed
to the common gaol or house of correction for three months, unless he pay a
sum not to exceed forty shillings as said justices may require, to the use of
the poor, and such offender shall be forever incapable of having a license to
bear arms.
And three months after such refusal, two justices may summon such offender to
take the oath, and if he shall not appear or refuse again, may commit him to
gaol for six months, unless he pay a sum not to exceed 10 pounds, nor under
5 pounds, to the use of the poor, and the offender be bound with two sufficient
sureties to appear at the next assizes or gaol delivery and to be of good behaviour.
At which assizes or quarter sessions the said oath shall be tendered to said
offender by the justices of assize in their open assizes, or quarter sessions
and if said offender shall refuse to take the oath, he shall incur the penalties
of praemunire.
Source
8 Ann c.3 (1709):
An Act for explaining ... an Act to Prevent the further
Growth of Popery
Sec. 24. Provided that any of those protestant dissenters called Quakers,
who scruple taking any oath, who produces a certificate under the hands and
seals of six credible men of his society, owning him to be one of them, and
who subscribes a declaration to same effect as the oath of abjuration,
as well as the declaration against transubstantiation,
shall be exempted from the penalties of this Act.
Source
8 Ann c.3 (1709):
An Act for explaining ... an Act to Prevent the further
Growth of Popery
Sec. 25. No popish priest shall officiate anywhere but in the parish
where he officiated at the time of registration, without incurring the penalties
as a popish regular.
Source
8 Ann c.3 (1709):
An Act for explaining ... an Act to Prevent the further
Growth of Popery
Sec. 26. If any popish priest shall be prosecuted for marrying any person
of the protestant religion, it shall be presumed and concluded that said popish
priest knew that one or both parties were protestant.
Source
8 Ann c.3
(1709):
An Act for explaining ... an Act to Prevent the further
Growth of Popery
Sec. 27. All collateral and other securities to cover, secure, or make
good any conveyance of land or lease contrary to 2 Ann
c.6 are void as to any papist purchaser or purchaser in trust for any papist.
And any such lands and securities may be sued for in law or equity by any protestant
informer whatsoever, who upon proof that the conveyance or lease was contrary
to law, shall recover possession thereunder and enjoy the lands according to
whatever estate or interest the papist would have had, and subject to such rents
and incumbrances as the same would have been subject to, had such papist been
qualified to purchase and enjoy the same.
Source
8 Ann c.3 (1709):
An Act for explaining ... an Act to Prevent the further
Growth of Popery
Sec. 28. Purchases, leases, mortgages, etc. by papists who have become
protestants and fulfilled the requirements of the law, including educating their
children as protestants, by 25 December, 1709, shall be considered as good as
though such papists were protestant at the time of the conveyance, except for
forfeited estates divested out of the trustees and vested in others by private
acts of parliament.
Source
8 Ann c.3 (1709):
An Act for explaining ... an Act to Prevent the further
Growth of Popery
Sec. 29. Nothing herein shall extend to weaken any estate of any bona
fide protestant purchaser for value from any person who has purchased in trust
for any papist.
Source
8 Ann c.3 (1709):
An Act for explaining ... an Act to Prevent the further
Growth of Popery
Any protestant may prefer a bill in the court of chancery or exchequer against
any persons concerned in the sale, lease, mortgage, or incumbrance of lands
to papists, or in trust for papists, and to compel such person to discover such
trusts and to answer all matters relating thereto to which bill no plea or demurrer
shall be allowed, but the defendant shall answer the same under oath, which
answer shall be good evidence against such defendant.
And all issues to be tried under this Act shall be tried by none but known protestants.
Source
8 Ann c.3 (1709):
An Act for explaining ... an Act to Prevent the further
Growth of Popery
Sec. 31-33. Any papist clergy or schoolmaster liable to transportation
under these Acts shall within three months be transported to the common gaol
of the next seaport town, to remain until transported. If any merchant freighting
any ship outward bound for any port not within the kingdoms of Great Britain
or Ireland refuse to take such papists, not exceeding five per ship, if required
by the chief magistrate, the collector of customs shall not discharge such ship
until such merchant shall consent to receive and transport such papists. Such
merchant shall receive 5 pounds for the transportation of every such person
to any part of the West Indies not being subject to her Majesty, and 3 pounds
to Europe, and shall enter into a recognizance in the amount of 50 pounds that
he shall transport such papist outside of her Majesty's dominions. If any such
papist shall be found in this kingdom out of the custody of the said merchant
or ships master, he shall suffer the penalties of such regular clergyman who
hath been banished and returned again.
Source
8 Ann c.3
(1709):
An Act for explaining ... an Act to Prevent the further
Growth of Popery
Secs. 34-36. Notwithstanding 7 Will
III c.5, every papist may keep stallions and stud-mares for breeding, and
the breed and produce thereof under the age of 5 years. Such horses are seizable
by the lord lieutenant or chief governors in case invasion or intestine war
is likely. If such horses are ordered returned, the papist owner shall pay six
pence for every night that each such horse was detained.
Source
8 Ann c.3 (1709):
An Act for explaining ... an Act to Prevent the further
Growth of Popery
Sec. 37. No papist in trade shall keep more than two apprentices at a
time, except in the hempen and flaxen manufacture, and that for no less a term
of apprenticeship than 7 years, on pain of forfeiting 100 pounds to the informer.
Source
Continue Chronological Summaries with Reigns
of King George I and II
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