IRISH PENAL LAW - STATUTES BY SUBJECT - OFFICES and EMPLOYMENT

10.1
English Statute 3 Will & Mary c.2 (1691):
An Act for the Abrogating the Oath of Supremacy in Ireland and Appointing other Oaths

Sec.1-3 . No person residing in Ireland shall be obliged to take the oath of supremacy of 1 Eliz. Ch 1, but the oaths appointed to be taken by this present act shall be taken by those persons who were required by the said act, or any other statute made in Ireland, to take the abrogated oath. That is to say: all bishops and archbishops of Ireland, all persons above the degree of baron, all persons in Ireland having any employment or office ecclesiastical, civil or military, the head and fellows of the University of Dublin, master of any hospital or school, barrister, clerk in chancery, attorney, and professor of Law, Physick or other science. All prior acts, to the extent that they required the oath of supremacy, are repealed..

1.02
English Statute 3 Will & Mary c.2 (1691):
An Act for the Abrogating the Oath of Supremacy in Ireland and Appointing other Oaths

Sec.4. Every person that shall become a barrister at law, attorney, clerk, or other officer of the court in Ireland shall take the oaths of allegiance and abhorrence and make the declaration against transubstantiation in open court between nine and twelve in the forenoon, and said fact shall be recorded, before he shall be admitted to practice.
And all persons that shall be admitted into any office or employment, ecclesiastical or civil, who should have taken the oaths required by 1 Eliz. c. 1, shall take the said oaths and make said declaration.

1.04
English Statute 3 Will & Mary c.2 (1691):
An Act for the Abrogating the Oath of Supremacy in Ireland and Appointing other Oaths

Sec.7 If any peer of Ireland or member of the house of commons, or barrister, attorney, clerk, etc. shall offend contrary to this act, he shall be disabled to hold any office or place of trust or profit, ecclesiastical, civil, or military, sit or vote in Parliament, sue in court, be guardian to any child, or executor of any person, or capable of any legacy or gift, and shall forfeit 500 pounds to be recoverable by any informer who will sue for the same.

1.041
English Statute 3 Will & Mary, c. 2 (1691) :
An Act for the Abrogating the Oath of Supremacy in Ireland and Appointing other Oaths

Sec. 9. Persons may take the oaths in England, instead of in Ireland, and it will be effectuall.

1.042
English Statute 3 Will & Mary, c.2 (1691)
An Act for the Abrogating the Oath of Supremacy in Ireland and Appointing other Oaths

Secs. 11,13. Nothing in this Act shall limit the right of any person covered by the Articles of Limerick who has since returned and submitted to their Majesties’ obedience, to practise his profession of barrister, clerk in chancery, attorney, or practicer in Law or Physick, provided such person make his claim before the Court of Kings Bench in Ireland on or before the last day of Michaelmas term next, and such claim be allowed and recorded. Provided nevertheless, if such person practises his calling before he takes the oath to be faithful and bear true allegiance to their Majesties and records the same, he shall forfeit 500 pounds to the informer and be judged incapable of ever exercising said profession.

1.05
10 Will III c.13 (1698):
An Act to prevent Papists being Solicitors

Sec. 1. Whereas by experience in this kingdom papist solicitors are the common disturbers of the peace of his Majesty’s subjects in general, and whereas there are great number of papist solicitors practising within the several courts of law and equity, by whose numbers and the daily increase of them, great mischiefs are likely to ensue, no person shall practice as a solicitor or agent in any suit in law or equity, who has not taken the oaths prescribed by English 3&4 Will & Mary, c.2, and subscribed to the declaration against transubstantiation

1p.06
10 Will III c.13 (1698):
An Act to prevent Papists being Solicitors

Sec.1, cont. For every such offence, such person shall forfeit 100 pounds to the informer, and be incapable of acting as executor or administrator, or take any benefit by legacy, gift, grant of lands, goods or chattels.

1.07
10 Will III c 13 (1698):
An Act to prevent Papists being Solicitors

Sec. 2-4. Such person must also educate his children in the protestant religion Excepted from this act are persons acting on their own behalf, menial servants on behalf of their master, and persons who were solicitors or agents in the reign of King Charles II and comprehended within the articles of Limerick.

1.08
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. and Mary ch 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.

1.09
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. (English Statute 3 Will and Mary, ch 2 viz shall be ipso facto incapable to enjoy the office etc.)

1.10
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.

1.11
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 ch 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..

 

1.111
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.

1.112
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.

1.12
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.

1.121
6 Ann c.6 (1707):
An Act to explain …An Act to prevent Papists being Solicitors

Sec. 6-8. 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..

1.13
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.

1.14
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.

9.06
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.

1.142
2 Geo I c.10 (1715):
An Act to Restrain Papists from being High or Petty Constables,…

Sec. 1. Whereas the due execution of the laws, and the preservation of the publick peace, do greatly depend on the diligence and fidelity of the high and petty constables, and forasmuch as the said offices in most parts of this kingdom, and especially in such places as are for the most part inhabited by papists, are placed in the hands of persons of the popish religion, who in favour to such as are of their own persuasion, and by the instigation and authority of the popish priests, do neglect to execute warrants, by means of which the many good and wholesome laws against notorious criminals, and especially against papists, have not the intended effects, from the 24th day of June, 1715 no person of the popish religion shall be high constable in any county, barony, or half-barony, or petty constable in any manor, ward, parish, constable-wick, or place within this kingdom.

1.143
2 Geo I c.10 (1715):
An Act to Restrain Papists from being High or Petty Constables,…

Sec. 2. Every person to be appointed high or petty constable shall first take the oath of abjuration and other oaths and declaration required by 2 Ann c. 6, as well as the oath of office of constable as set forth in section 7 hereof.

1.144
2 Geo I c.10 (1715):
An Act to Restrain Papists from being High or Petty Constables,…

Sec 3. And whereas in many places of this kingdom the number of the papists do far exceed the protestants, whereby the office of constable will become very burdensome to the protestants, in 1717 and yearly thereafter, if believed expedient, the constables shall return a true list of all the popish and protestant inhabitants within their respective places where they serve; and thereupon the respective juries shall present the number of constables necessary and the names and number of papists and of those protestants who are able to serve as high and petty constables; and shall annually applot upon such papists such proportion of no more than 10 pounds for the office of high constable, and no more than 4 pounds for petty constable, as the proportion of able papists bears to the number of protestants; to be annually collected by and paid to the protestant constables from such papists.

1.146
2 Geo I c.10 (1715):
An Act to Restrain Papists from being High or Petty Constables,..
.
Sec. 7 cont. The justices of the peace shall administer the oath of office to high and petty constables, in which they swear to serve the king in the office of constable, cause the peace to be well kept, arrest all papists bearing arms without licence, arrest all papists as commit any riot or meet on patron days to perform the superstitious devotions of the church of Rome, likewise all papists who unlawfully assemble or commit any other breach of the peace; use their best endeavours to apprehend all traitors, all popish archbishops, regular clergy, unregistered secular clergy etc. and all popish schoolmasters, and all harbourers of them; suppress all riots and apprehend all rioters, and if any such offender makes resistance, raise the hue and cry; endeavour that the watches of the parish be regularly kept, and that the statutes for punishing rogues and vagabonds be executed; have a watchful eye to any common house where unlawful game is used, as also to such as shall frequent such places; execute all warrants directed from the justices of the peace and all other things belonging to the office of constable; and truly account for public money collected pursuant to any warrant.

1.147
10 Geo I c.3 (1723):
An Act for continuing and amending… an Act for the better regulating the Parish Watches…

Sec. 5. No person keeping publick inns, ale-houses, or houses of entertainment, or papists, shall be qualified to act as constables, but shall at their turn find some fit person who is Protestant to serve in their stead, or pay a sum not more than 5 pounds to enable the parishioners to fit such fit person.

1.15
1 Geo II c.20 (1727):
An Act for Regulating the Admissions of Barristers at Law, …

Sec. 1. Every person who shall apply to be called to the bar, or be admitted as an attorney, or practice as a solicitor, or act as an officer of the court, shall first take and subscribe the oaths of allegiance and abjuration and the declaration against transubstantiation.
And every such person who has converted from the popish to the protestant religion must prove before the lord chancellor and another like chief justice by a sufficient witness upon oath, that he has been a protestant for two years immediately before.

1.16
1 Geo II c.20 (1727):
An Act for Regulating the Admissions of Barristers at Law, …

Sec. 2. Every person who shall be called to the bar, etc. who shall be converted from the popish to the protestant religion, shall educate in the protestant religion according to the Church of Ireland as by law established, all their children under the age of fourteen years. And all converts from the popish to the protestant religion shall in like manner educate all their children who at the time of their conversion shall be under the age of 14 years.

1.18
1 Geo II c.20 (1727):
An Act for Regulating the Admissions of Barristers at Law, …

Sec. 4. No person shall be capable of acting as a subsheriff or sheriff’s clerk, who has not been a protestant for five years before acting, on pain of being subject to all the disabilities of persons professing the popish religion; provided nothing herein contained shall extend to any solicitor who has heretofore been judged to be comprehended within the articles of Limerick or Galway.

1.20
7 Geo II c.5 (1733):
An Act for the Amendment of the Law in relation to Popish Solicitors; …

Sec 1. Whereas the laws now in force against popish solicitors have been found ineffectual by reason of the difficulty of convicting such solicitors, and the mischiefs thereby intended to be remedied still remain, to the great prejudice of the protestant interest of this kingdom; and whereas by the means of such popish solicitors the acts against the growth of popery have been and daily are greatly eluded and evaded, for remedy whereof and for preventing obscure and ignorant persons from practising as attorneys or solicitors, no person shall be permitted to practise in any of the Four Courts in Dublin who is not licensed.

1.201
7 Geo II c.5 (1733):
An Act for the Amendment of the Law in relation to Popish Solicitors; …

Sec. 2. No person may be admitted as an attorney or licensed as a solicitor who has not been a protestant from 14 years of age, or for two years prior to being admitted as an apprentice; and every person so to be admitted shall, at the time of his admission„ take all the oaths and subscribe the declaration required of persons to be admitted into offices by the statute intitled An Act to prevent the further growth of popery, together with the oath hereinafter particularly mentioned. .

1.202
7 Geo II c.5 (1733):
An Act for the Amendment of the Law in relation to Popish Solicitors; …

Sec.4. Every master in chancery, six clerk of the court of chancery, barrister-at-law, attorney, solicitor, officer of the Four Courts in Dublin, to be licensed by this act shall take an oath, inter alia, not to employ as apprentice, clerk or solicitor, any person of the popish religion.

1.203
7 Geo II c.5 (1733):
An Act for the Amendment of the Law in relation to Popish Solicitors; …

Sec. 5. Any popish solicitor found to have acted as a solicitor shall be punished as for contempt of court by fine of not more than 50 pounds nor less than 25 pounds, or imprisonment not exceeding 6 months

1.204
7 Geo II c.5 (1733):
An Act for the Amendment of the Law in relation to Popish Solicitors; …

Sec. 6. And for the more easy conviction of such disqualified solicitor, every person shall be deemed a solicitor who, not being qualified, draws up pleadings or abbreviates evidence for use in any suit, or takes on the management of any suit in the Four Courts in which he is not a party or concerned in the interest.

1.205
7 Geo II c.5 (1733):
An Act for the Amendment of the Law in relation to Popish Solicitors; …

Sec 7. Whereas some protestants, well affected to his Majesty’s government, have for some time practised as solicitors, those shall be permitted to practise if they obtain a personal written permission from the sitting lord chancellor, the master of the rolls, or baron of the Exchequers, register this as a licence, and take the usual oaths and declaration.

1.206
7 Geo II c.5 (1733):
An Act for the Amendment of the Law in relation to Popish Solicitors; …

Sec. 10. Provided that solicitors comprehended by the articles of Limerick who have taken the oath of abjuration are exempt, so as such person may not keep more than one popish clerk.

1.207
7 Geo II c.5 (1733):
An Act for the Amendment of the Law in relation to Popish Solicitors; …

Sec. 12-13. Any barrister, attorney, six-clerk, or solicitor ( such solicitors as were comprehended within the articles of Limerick excepted) who marries a popish wife, or permits his children to be educated in the popish religion shall be deemed a papist and disabled from practice, unless within one year he shall procure the conversion of his wife to the protestant religion. Provided such disability shall cease after the death of such popish wife.

1.208
7 Geo II c.5 (1733):
An Act for the Amendment of the Law in relation to Popish Solicitors; …

Sec. 17-18. No one may practise as a solicitor in the lower courts who is not qualified hereunder in the Four Courts in Dublin, except that such persons may practise in any suit or prosecution for a crime punishable by death.

1.3
7 Geo II c.6 (1733):
An Act to prevent Persons converted from the Popish to the Protestant Religion, … from acting as Justices of the Peace.

Sec. 1. No convert from the popish to the protestant religion shall be capable of acting as a justice of the peace if his wife is papist, or if he causes his children under the age of 16 years to be educated in the popish religion.
And if such a person does act as a justice of the peace, such person shall suffer one year’s imprisonment, and forfeit one hundred pounds, half to his Majesty, and half to the informer, and henceforth such person shall be forever incapable of being an executor, administrator, or guardian.

 

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