IRISH PENAL LAW - STATUTES BY SUBJECT -- WEAPONS

3.01
7 Will III c.5 (1695):
An Act for the better securing the government, by disarming papists

Sec. 1. All papists within this kingdom of Ireland shall before the 1st day of March, 1696, deliver up to some justice of the peace or corporation officer where such papist shall dwell, all their arms and ammunition, notwithstanding any licence for keeping the same heretofore granted. Justices of the peace, mayors, sheriffs, and chief officers of cities and towns and persons under their warrants, may search and seize all arms and ammunition of papists, or in the hands of any persons in trust for them, wherever they shall suspect they may be concealed. And such arms shall be preserved for the use of his Majesty.

3.02
7 Will III c.5 (1695):
An Act for the better securing the government, by disarming papists

Sec. 2. Searches of dwellings shall be made only between sunrise and sunset, except in cities and their suburbs, and market towns. If no arms are seized, chief magistrates may cause suspected persons to be examined on their oath concerning concealed arms.

3.03
7 Will III c.5 (1695):
An Act for the better securing the government, by disarming papists

Sec. 3. Every papist who shall have or keep any arms or ammunition, or who shall refuse to declare what arms or ammunition they or any other to their knowledge shall have, or shall hinder the delivery thereof to the said justices, or being summoned, shall refuse to appear or make discovery under their oath, shall forfeit, if a peer or peeress, for the first offence, one hundred pounds sterling, and for a second offence, suffer praemunire*. If such offenders are under the degree of peer, they shall for a first offence forfeit thirty pounds and suffer imprisonment for one year, and until they pay the penalty, and for a second offense, incur the penalties of a person attainted in a praemunire. The penalties and sums forfeited shall go one half to his Majesty, one half to the informer who shall sue for the same.
*Praemunire: “that from the conviction, the defendant shall be out of the king’s protection, and his lands and tenements, goods and chattels, forfeited to the king, and that his body shall remain in prison at the king’s pleasure….. Such delinquent can bring no action for any private injury, how atrocious soever, being so far out of the protection of the law, that it will not guard his civil rights, nor remedy any grievance which he as an individual may suffer. And no man, knowing him to be guilty, can with safety give him comfort, aid, or relief.” Blackstone, vol. iv, p. 117-118.

3.031
7 Will III. c.5 (1695):
An Act for the better securing the government, by disarming papists

Sec 4-5. Papist gentlemen who can prove themselves comprized under the Articles of Limerick may have a sword, a case of pistols, and a gun for defence of their house or for fowling.

3.032
7 Will III c.5 (1695):
An Act for the better securing the government, by disarming papists

Sec. 6. No conviction shall be based on mere confession or discovery on examination, unless other proof can be shown.

3.033
7 Will III c.5 (1695):
An Act for the better securing the government, by disarming papists

Sec. 7. Provided the chief governors may by order of the privy council licence any person to keep such arms as shall be particularly expressed in such licence.

3.04
7 Will III c.5 (1695):
An Act for the better securing the government, by disarming papists

Sec. 8. No person making fire-arms, swords, knives, or other weapons shall take or instruct as an apprentice any person of the popish religion, on pain of forfeiting twenty pounds, one half to his Majesty, one half to the informer.

3.05
7 Will III c.5 (1695):
An Act for the better securing the government, by disarming papists

Sec. 9. The indenture of apprenticeship in arms making of such popish person shall be void, and every such person of the popish religion who shall be put to such an apprentice and shall exercise said art, shall for every offence forfeit twenty pounds. And justices of the peace and head corporation officers must send for all apprentices in the art of arms making, and tender them the oaths of allegiance and abhorrence, and the declaration against transubstantiation, and refusal to take the same shall constitute a conviction of the apprentice and also the master, unless the master shall prove that the apprentice was a known or reputed protestant.

3.06
7 Will III c.5 (1695):
An Act for the better securing the government, by disarming papists

Sec. 10. No papist shall be capable of having or keeping for his use, any horse, gelding or mare of five pounds value. Any protestant who shall make discovery under oath of such horse, shall be authorized with the assistance of a constable, to search for and secure such horse and in case of resistance to break down any door. And any protestant making such discovery and offering five pounds five shillings to the owner of such horse, in the presence of a justice of the peace or chief magistrate, shall receive ownership of such horse as though such horse were bought in the market overt.

3.07
7 Will III c.5 (1695):
An Act for the better securing the government, by disarming papists

Sec. 11. Any person who shall conceal such horses belong to any papist shall be committed to the common gaol for three months and shall forfeit to his Majesty treble the value of such horses.

3.071
7 Will III c.5 (1695):
An Act for the better securing the government, by disarming papists

Sec. 12. Every person shall be deemed a papist within the meaning of this act who shall refuse to take the oaths and subscribe the declaration when the same shall be tendered to him by
a justice of the peace as required

3.08
7 Will III c.5 (1695):
An Act for the better securing the government, by disarming papists

Sec. 13. Any justice or chief magistrate who shall neglect or refuse to execute the provisions of this act shall forfeit fifty pounds for each such offence, one half to his Majesty, one half to the informer who shall sue for the same, and said offender shall be incapable after conviction of serving as justice of the peace, or magistrate.

3.081
9 Will III c.2 (1697):
An Act for the confirmation of articles … of Limerick

Sec. 1-11. Confirms and explains the rights of inhabitants of Limerick and other garrisons that were in possession of the Irish on the 3rd day of October 1691, when the treaty for the surrender of Limerick was made, and all officers and soldiers then in arms in the counties of Limerick, Clare, Kerry, Cork, and Mayo, to enjoy the rights guaranteed by that treaty.

3.09
10 Will III c.8 (1698):
An Act for the preservation of the game, …

Sec. 4. No papist shall be employed as a fowler for any protestant, or under colour thereof keep fire arms, upon penalty of seizure of said arms, which will become the property of the informer, even if the arms were in fact the property of some protestant..

3.10
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.

3.101
2 George I c.9 (1715):
An Act to make the Militia of this Kingdom more useful

Sec 1-3. Whereas there have been frequent rebellions and insurrections formerly raised in this kingdom by the popish inhabitants, and whereas there is just reasons to apprehend that the main body of papists may hereafter again endeavour to disturb the publick peace and tranquillity, the chief governors of this kingdom may commission certain protestants to call together all persons being protestants and form them into militia, train the same, and raise money from the inhabitants of the several counties toward the support of the militia.

3.102
2 Geo I c.9 (1715):
An Act to make the Militia of this Kingdom more useful

Sec. 4. Whereas the number of papists are very considerable in this kingdom, and it has been found that they have occasioned frequent rebellions, papists shall pay double the sum paid by protestants for support of the militia.

3.103
2 Geo I c.9 (1715):
An Act to make the Militia of this Kingdom more useful

Sec. 11.12. Whenever the chief governors of the kingdom think it necessary for the peace and safety of the kingdom, they may authorize sheriffs and other civil officers to seize any horses belonging to any papist and fit to be employed by the militia (except breeding mares, stallions, and horses under 4 years), and hold them for 10 days, during which any militia officer may acquire the same on tender of 5 pounds, less the cost of seizing and holding the same. If no such sum is offered , the horses shall be returned to the owners who must pay for the costs of seizing and keeping the same. And any papist who shall not deliver such horse as required, or in whose possession any arms are found, shall pay the sum of 10 pounds, one half to the informer, the other to the use of the militia.

3.104
2 Geo I c.9 (1715):
An Act to make the Militia of this Kingdom more useful

Sec. 16. Any papist house-keeper, or master of a family within a city or town, shall find a fit and sufficient protestant man to serve in the militia in his stead.

3.105
2 Geo I c.9 (1715):
An Act to make the Militia of this Kingdom more useful

Sec. 18. All constables shall make a return of all protestant and popish inhabitants in each county, and what proportion the protestant and popish inhabitants bear to each other.

3.106
6 Geo I c.3 (1719):
An Act for continuing … an Act to make the Militia … more useful

Sec.1 and 4. The act of 2 Geo I c.9 is continued for 2 more years. The justices of the peace, upon presentment of the grand jury may if they see fit charge upon the popish inhabitants of the county a sum, not exceeding 20 shillings sterling. for the refreshment of each troop of militia who shall attend the exercises on each day appointed, to be applotted equally on all such popish inhabitants.

3.11
13 Geo II c.6 (1739):
An Act to explain, amend , and make more effectual an Act … disarming Papists.

Sec. 1, 9, 11-13. All justices of the peace, magistrates, and chief officers of cities and towns are ordered to make yearly searches for arms pursuant to 7 Will III c.5, and all papists shall discover and deliver up all arms, armour, and ammunition which are in their possession or power, notwithstanding any licence for keeping the same heretofore granted, before the 1st day of July 1740; and all papists shall forever thereafter, within 14 days of getting arms etc, deliver them up, except such arms as the chief governors shall by licence authorize. Procedures established to ensure enforcement by the public officials. Exceptions for those covered by articles of Limerick and Galway.

3.12
13 Geo II c.6 (1739):
An Act to explain, amend , and make more effectual an Act … disarming Papists.

Sec. 2: The penalties for keeping arms or failing to disclose the same are increased for a first offence for peers to 300 pounds sterling, for non-peers, 50 pounds.. The fines go half to the king, half to the informer.

3.13
13 Geo II c.6 (1739):
An Act to explain, amend , and make more effectual an Act … disarming Papists.

Sec. 3, 5. No penalty shall be extended to any papist who shall voluntarily, before any information is given, deliver up his or her arms, nor upon any confession he or she shall make upon oath, unless for wilful perjury.

3.14
13 Geo II c.6 (1739):
An Act to explain, amend , and make more effectual an Act … disarming Papists.

Sec. 6-8, 10. Refusal to take the usual oaths and declaration shall amount to full proof that such person is a papist; provided that, even though the person shall take the said oaths and declaration, yet evidence may be given that the person prosecuted was a papist at the time of the offence. Oaths not required of Quakers. And if any person convicted under the act serve the prison term rather than pay the fine, the informer shall receive 10 pounds, levied on the popish inhabitants of the county.

3.15
13 Geo II c.6 (1739):
An Act to explain, amend , and make more effectual an Act … disarming Papists.

Sec. 13 Papists are also forbidden to keep or sell war-like stores, sword blades, barrels, locks, or stocks of guns, on penalty of 20 pounds and imprisonment for one year and until he or she shall have paid the forfeiture; the money so recovered shall go to the person who shall sue for the same.

3.16
13 Geo II c.6 (1739):
An Act to explain, amend , and make more effectual an Act … disarming Papists.

Sec. 14. Where any protestant servant, by the direction or privity of his master, being a papist, shall carry or keep arms, both master and servant shall be subject to the penalties inflicted by this act.

3.17
13 Geo II c.6 (1739):
An Act to explain, amend , and make more effectual an Act …disarming Papists.

Sec. 15. All prosecutions under this act to be commenced within one year of the offence.

3.18
13 Geo II c.6 (1739):
An Act to explain, amend , and make more effectual an Act … disarming Papists.

Sec. 16. All persons professing the protestant religion who shall educate any of their children under the age of 14 in the popish religion, shall be deemed a papist for the purposes of this act.

3.19
13 Geo II c.6 (1739):
An Act to explain, amend , and make more effectual an Act … disarming Papists.

Sec. 19. The act of 7 Will III c.5 so far as unaltered by this or some other act, shall be deemed perpetual.

3.191
29 Geo II c.5 (1755):
An Act to prohibit the Return… of such of his Majesty’s Subjects … the Service of the French King.

Sec. 1-3. Every natural born subject who is or hereafter becomes an officer, soldier or mariner in the service of the French King, who shall land in Ireland, and every person who harbours the same, shall be guilty of felony without benefit of clergy, unless, by 1 August 1756, he surrender himself to a justice of the peace, and at the next assize or quarter session take the oaths of allegiance and abjuration.

3.192
29 Geo II c.5 (1755):
An Act to prohibit the Return… of such of his Majesty’s Subjects … the Service of the French King.

Sec 4. Provided that such return shall not restore any forfeited lands, money, goods, or estate already recovered by any protestant discoverer.

 

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