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of supremacy, are repealed..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.