William and Mary, 1691: An Act for the Abrogating the Oath of Supremacy in Ireland and Appointing other Oaths [Chapter II. Rot. Parl. pt. 1. nu. 2.]

The Oath made in Ireland, 2 Eliz. c. 1. I. abrogated

2 Eliz. c. 1. I..

WHEREAS by a Statute made in Ireland in the Second yeare of the Reigne of our late Sovereigne Lady Queen Elizabeth Entituled An Act Restoring to the Crowne the Ancient Jurisdicc[i]on over the [Estate (fn. 1).] Ecclesiasticall and Spirituall and abolishing all Foreign Power repugnant to the same the p[er]sons therein mentioned are thereby obliged to take the Oath in the said Act exp[re]ssed Be it Enacted by the King and Queens most Excellent Majesties by and with the Advice and Consent of the Lords Spirituall and Temporall and the Com[m]ons in this p[re]sent Parliament Assembled and by the Authority of the same That from henceforth no p[er]son whatsoever residing in Ireland shall be obliged to take the said Oath by force or vertue of the said recited Statute or any other Statute whatsoever But that the said Statute and every other Statute for so much only as concerns the said Oath shall be and are hereby repealed utterly abrogated and made void

II. The Persons who are bound to take the new Oaths.

Persons within Thirty Miles of Dublin to take them in the Chancery or King's Bench; Persons above Thirty Miles off, in the Sessions; and also repeat the Declaration.; Fee.; Clergyman not taking the Oaths, &c.; Penalty.; Other Persons offending; Penalty.

And be it further Enacted That the Oaths appointed intended or required by this Act to be taken from and after the First day of January next in the year of our Lord One thousand six hundred ninety one be taken by the p[er]sons herein and hereafter menc[i]oned and by every such other p[er]son and p[er]sons as were appointed and required by the said recited Act or any other Statute whatsoever made in Ireland to take the said Abrogated Oath before such p[er]son or p[er]sons and in such Court as hereafter in this Act is exp[re]ssed (that is to say) all and every Archbishop and Bishop of the Realm of Ireland that now is and all and every p[er]son of or above the Degree of a Baron of Parliament there and all and every other p[er]son and p[er]sons Inhabitants of or residing within the said Realm of Ireland now having any p[er]motion office or imployment Ecclesiasticall Civil or Military or receiving any Pay Salary Fee or Wages by reason of any Patent or Grant of their Majesties or [any of (fn. 2) ] their p[re]decessors or being Master Governor Head or Fellow of the Colledge or University of Dublin or Master of any Hospitall or School or Barrester at Law Clerke in Chancery Attorney or p[ro]fessor of Law Physick or other Science that shall inhabit be or reside within the City of Dublin or within thirty miles of the same on the First day of Hillary Terme next or at any time during the said Terme in their Majesties High Court of Chancery in that Kingdom or in the Courte of Kings Bench there in publick and open Court between the hours of nine of the Clock and twelve in the Forenoon and all the said persons which inhabite at greater distance from the said Citty at the Generall Quarter Sessions to be holden for that [County (fn. 2) ] Barony or Place in Ireland aforesaid where he or they shall bee or reside in open Court between the [s^d (fn. 2) ] hours of nine and twelve in the Forenoon at any time before the Five and twentieth day of July next And shall likewise make and subscribe and audibly repeat the Declaration herein and hereafter menc[i]oned and exp[re]ssed all which shall be put on Record in the said respective Courts And every p[er]son taking the same shall pay to the Clerk for recording thereof one Shilling and no more And if any Archbishop or Bishop or any other p[er]son having any Ecclesiasticall Dignity or p[ro]motion or being a Lecturer or Curate shall neglect or refuse to take the said Oaths and make and subscribe the said Declarac[i]on as aforesaid Then hee or they shall be ipso facto deprived and is and are hereby adjudged to be deprived of his and their Offices Dignities and p[ro]motions Ecclesiasticall and incapable to be Lecturer or Curate in any place or cure whatsoever And all and every other p[er]son having any Office or receiving any Pay Salary Fee or Wages by reason as aforesaid or being Master Governor Head or Fellow of the said University or Colledge or Master of any Hospital or School Barrester at Law Clerk in Chancery Attorney or p[ro]fessor of Law Physick or other Science as aforesaid that shall neglect or refuse to take the said Oaths and make and subscribe the said Declarac[i]on within the time and in the manner aforesaid respectively shall be ipso facto thenceforth adjudged uncapable and disabled in Law to all intents and purposes whatsoever to have occupy or enjoy such Office Pay Salary Fee Wages Mastershipp Governors Place Headship Fellowship Imployment or Imployments or any parte of them or any matter or thing aforesaid or any p[ro]fitt or advantage app[er]teyning to them or any of them and every such Office and Place shall be void and is [hereby (fn. 2) ] adjudged to be void

III. Barristers, &c. to take the Oaths before admitted to Practice.

All Persons who were to take the abrogated Oath, to take this and the Declaration.

And be it further Enacted by the Authority aforesaid That every p[er]son that shall become a Barrester at Law Attorney Clerk or Officer in Chancery or any other Court their Deputie or Deputies or shall succeed or practise as such in Ireland at any time after the last day of Hillary Terme next shall and is hereby required to take the said Oaths and make and subscribe the said Declarac[i]on in the Court of Kings Bench at Dublin in open Court in Terme time between the hours aforesaid to be Recorded as aforesaid before he shall be admitted to enjoy or exercise any place or Office or to practise or plead in any Court of Law or Equity or in any other Court of Record or not of Record And that all p[er]sons that shall after the First day of March next be admitted into any Office or Imployment Ecclesiasticall or Civil or come into any capacity in respect or by reason whereof they should have been obliged to take the said Abrogated Oath in the said recited Act menc[i]oned shall take the said Oaths and make and subscribe the said Declarac[i]on hereby appointed hereafter exp[re]ssed in such manner at such times and before such p[er]sons as they should or ought to have taken the said former Oath by Vertue of the said recited Act in case the same had not been hereby abrogated as aforesaid

IV. No Member of either House of Parliament shall sit before he has taken the new Oath and Declaration.

And for as much as great disquiet and many dangerous attempts have been made to deprive their Majesties and their Royall p[re]decessors of the said Realme of Ireland by the lib[er]ty which the Popish Recusants there have had and taken to sit & vote in Parliament Bee it Enacted by the Authority aforesaid That from & after the last day of January next no p[er]son that now is or shall be hereafter a Peer of that Realme or Member of the House of Peers there shall vote or make his Proxy in the said House of Peers or sit there during any Debate in the said House nor any p[er]son that after the said last day of January shall be a Member of the House of Com[m]ons shall be capable to Vote in the said House or Sit there during any debate in the same after their Speaker is chosen until hee first take the Oaths herein and hereafter menc[i]oned and exp[re]ssed and make subscribe and audibly repeat this Declarac[i]on following

The Declaration.

I. A. B. Do solemnley and sincerely in the p[re]sence of God p[ro]fess testifie and declare That I do beleeve That in the Sacrament of the Lords Supper there is not any Transubstantiation of the Elements of Bread and Wine into the Body and Bloud of Christ at or after the Consecration thereof by any p[er]son whatsoever And that the Invocac[i]on or Adoration of the Virgin Mary or any other Saint and the Sacrifice of the Mass as they are now used in the Church of Rome are Superstitious and Idolatrous. And I do solemnley in the p[re]sence of God p[ro]fesse testifie and declare That I do make this Declarac[i]on and every part thereof in the plain and ordinary sense of the Words read unto mee as they are com[m]only understood by Protestants without any Evasion Equivocac[i]on or Mental Reservac[i]on whatsoever and without any Dispensation already granted me for this purpose by the Pope or any other Authority or p[er]son whatsoever or without any hope [of any such (fn. 3) ] Dispensation from any p[er]son or Authority whatsoever or without beleiving that I am or can be acquitted before God or Man or absolved of this Declarac[i]on or any parte thereof although the Pope or any other p[er]son or p[er]sons or power whatsoever [should (fn. 3) ] dispense with or annul the same or declare that it was null and void from the begining

How Oaths, &c. to be taken by Peers and Members.; Clerk of each House to record the same.; Fee.

Which saith Oaths and Declaration shall be in the next and every succeeding Parliament to be held in Ireland solemnley and publickley made and subscribed betwixt the hours of Nine in the Morning and Four in the Afternoon by every such Peer and Member of the House of Peers there at the table in the middle of the said House before he take his place in the said House of Peers and whilst a full House of Peers is there p[re]sent and their Speaker in his Place and by every such Member of the House of Commons at the Table in the middle of the said House and whilst a full House of Co[m]mons is there duly sitting with their Speaker in his Chair and that the same be done in either House in such like order or method as whereby each House is called over respectively and during the making and subscribing thereof and taking the said Oaths all busines and debates in either House respectively shall cease And the Clerke of such House respectively is hereby required to Record the same in Rolls p[re]pared for that purpose and every Member of either House shall pay to such respective Clerk for Recording thereof One shilling and no more

V. Peers, Members of Parliament, Barristers, &c. offending;

Punishment.; Penalty £500.

And be it further Enacted by the Authority aforesaid That if any p[er]son that now is or hereafter shall be a Peer of Ireland or Member of the House of Peers or Member of the House of Co[m]mons there or that shall become a Barrester at Law Attorney Clerk or Officer in Chancery or any other Court and all and every Deputie or Deputies in any Office whatsoever shall p[re]sume to offend contrary to this Act that then every such Peer and Member and such other p[er]son and p[er]sons so offending shall be thenceforth disabled to hold or execute any Office or Place of p[ro]fitt or Trust [Civil Ecclesiasticall (fn. 4) ] or Military in any of their Majesties Realmes of Ireland or England or Dominion of Wales or Towne of Berwick upon Tweed or in any of their Majesties Islands or Foreigne Plantations to the said Realms belonging and shall be disabled from thenceforth to sitt or vote in either House of Parliament of the said Realm of Ireland or make a Proxy in the House of Peers there or to sue or use any Acc[i]on Bill Plaint or Informac[i]on in course of Law or to p[ro]secute any Suit in any Court of Equity or to be Guardian of any Child or Executor or Administrator of any p[er]son or capable of any Legacy or Deed of Guift and shall forfeit for every wilfull offence against this Act the Sum of Five hundred pounds to be recovered and received by him her or them that will sue for the same by any Acc[i]on of Debt Bill Plaint or Informac[i]on in any of their Majesties Courts of Record at Dublin wherein no Essoign p[ro]tection or Wager of Law shall lie or be allowed nor any more then one Imparlance

VI.

And be it further Enacted That the Oaths that are intended and required to be taken by this Act are the Oaths in these exp[re]sse Words hereafter following

Form of the Oaths.

I. A. B. do sincerely p[ro]mise and Swear That I will be Faithfull and bear true Allegiance to Their Majesties King William and Queen Mary Soe help me God &c

I. A. B. do Swear That I do from my Heart abhor detest and abjure as Impious and Hereticall that damnable Doctrine and Position That Princes Excom[m]unicated or Deprived by the Pope or any Authority of the See of Rome may be deposed or murdered by their Subjects or any other whatsoever And I do Declare that no Foreign Prince p[er]son Prelate State or Potentate hath or ought to have any Jurisdicc[i]on Power Supiority p[re]eminence or Authority Ecclesiasticall or Spirituall within this Realm Soe help me God &c.

VII. Persons to whom this Act shall not extend.

Proviso for W. Harbord, holding the Place of Vice Treasurer of Ireland.

Provided always and be it Enacted That this Act shall not extend to any p[er]son now Chaplain Secretary or Attendant to any of their Majesties Ambassadours Envoys Ministers or Residents in any Foreigne Courts or Preacher to any English Factory or to any Chaplains in their Majesties Service by Sea or Land out of the Kingdom of Ireland so as they take the Oaths and make and subscribe the said Declarac[i]on hereby required within three Months after their returne nor to any other p[er]son of the Protestant Religion now in office or place of trust or p[ro]fitt out of the kingdoms of Ireland or England who shall returne into the said Realm of Ireland and take the same at any time before the Five and twentieth day of December One thousand six hundred ninety two in the Court of Kings Bench there the next Terme after their respective arrival in that Kingdom Provided always That nothing in this Act contained shall extend to the takeing away the Office or Place of Vice Treasurer of Ireland from Will[ia]m Harbord Esq[uire] who is now imployed by their Majesties as their Ambassadour Extraordinary to mediate a Peace between the Christians and the Turks but that he the said Will[ia]m Harbord shall have liberty to take the said Oaths and subscribe the said Declarac[i]on as are directed by this p[re]sent Act any time within two Months after his return into the said Kingdom of Ireland any thing in this Act to the contrary notwithstanding

VIII. Irish Archbishops, &c. being in England at Hilary Term 1691, shall take the Oaths here, and likewise in Ireland.

Not taking the Oaths here; Penalty.; All other Officers in Ireland, being here, shall take the Oaths here.; Penalty.; Such other Officers taking the Oath as herein, effectual as if resident in Ireland, and had taken the Oaths there.

[And be it Enacted by the Authority aforesaid That all and every Archbishop and Bishop in the said Realm of Ireland and every other p[er]son and p[er]sons now having any Ecclesiasticall [Office (fn. 5) ] Dignity or p[re]motion or being a Lecturer or Curate in the said Kingdom that shall happen to be in this Realm of England the First day of Hilary Term which shall be in the year of our Lord One thousand six hundred ninety and one shall take the said Oaths and make subscribe and audibly repeat the said Declarac[i]on before the end of the said Terme in their Majesties Court of Chancery or in the Court of Kings Bench in this Realm of England and shall again take the said Oaths and make subscribe and audibly repeat the said Declarac[i]on before the Five and twentieth day of July which shall be in the year of our Lord One thousand six hundred ninety and two in the Court of Chancery or Court of Kings Bench in the said Kingdom of Ireland in the Morning and between the hours of Nine and Twelve where the same shall bee put upon Record in the said respective Courts in manner as aforesaid And if any such Archbishop or Bishop or other p[er]son in any Ecclesiasticall Office Dignity or Promotion or being a Lecturer or Curate in the said Kingdom of Ireland happening to be within this Realme at the tyme aforesaid shall neglect or refuse to take the said Oaths and [to (fn. 5) ] make subscribe and repeat the said Declaration within either of the tymes before menc[i]oned then he or they shall be ipso facto deprived and is and are hereby adjudged to bee deprived of his or their Archbishopricks Bishopricks and Ecclesiasticall Offices Dignities and p[re]motions and incapable to bee Lecturer or Curate in any place or cure whatsoever And all and every other person or persons having any Office or receiving any Pay Salary Fee or Wages by reason of any Patent or Grant from their Majesties or any of their Predecessors or being Master Governor Head of any Colledge in the University of Dublin or Master of any Hospitall or School or Barrester at Law Clerke in Chancery Attorney or Professor of Law or Physick or other Science that shall reside or inhabitt in this Realme on the First day of the said Hilary Terme shall before the end of the said Terme take the said Oaths and make subscribe and audibly repeat the said Declarac[i]on in their Majesties Court of Chancery or Court of Kings Bench in this Realme of England And in case such other person or persons soe resident and inhabiting in this Realme of England shall neglect or refuse to take the said Oaths and make subscribe and repeat the said Declarac[i]on before the end of the said Hilary Terme he or they shall be ipso facto thenceforth adjudged incapable and disabled in Law to all intents and purposes whatsoever to have occupy and enjoy such Office Pay Salary Fee Wages Mastership Governors place Headship Fellowship and Imployment or Imployments or any part of them and every such office or place shall be void and is hereby adjudged to be void and if such other p[er]son or p[er]sons soe residing or inhabiting in the Realme of England on the said First day of Hillary Terme shall take the said Oaths and make and subscribe the said Declaration as aforesaid it shall be as effectuall to all intents and purposes as if he or they had been then resident in Ireland and had in manner and in the time before menc[i]oned taken the said Oaths and made subscribed and repeated the said Declarac[i]on in any of the said Courts of the said Realme of Ireland

IX. Proviso for Persons who were in Irish Garrisons, &c. and have submitted to the King.

Barristers, &c. claiming to be exempt from taking Oaths, &c. must make their Claim in Michaelmas Term.; Fee.

Provided always that this Act or any thing herein conteined shall not extend to hinder or disable any p[er]son or p[er]sons who on the Third of October One thousand six hundred ninety one were inhabiting or residing in Lymerick or any other Garison then in the possession of the Irish or any Officers or Souldiers then in Arms by vertue of any Co[m]ission of the late King James or those authorized by him to grant the same in the severall Counties of Lymerick Clare Kerry Cork and Mayow or any of them or any com[m]issioned Officers then in their Majesties Quarters that did belong to the Irish Regiments then in being or were then treated with or who were not Prisoners of War and who had not then taken p[re]tection and have since returned and submitted to their Majesties Obedience from using exercising and practising his or their profession or calling of Barrester at Law Clerk in Chancery or Attorney or Practicer of Law or Physick but they may freely use exercise and practise the same as they did in the Reign of the late King Charles the Second any thing herein contained to the contrary notwithstanding Provided neverthelesse That every such Barrester at Law Clerk in Chancery [or (fn. 5) ] Attorney or Practicer of Law or Physick who shall claim any benefitt hereby to be exempted from taking the Oaths and makeing subscribing and repeating the Declarac[i]on in this Act menc[i]oned in the Court and in the manner hereby appointed shall make out his claime thereunto according to the respective Qualificac[i]ons hereinbefore expressed before the Court of Kings Bench in Ireland in open Court there in Terme time between the hours of Nine and Twelve in the Morning on or before the Last day of Michaelmas Terme next to be there allowed and Recordeded for the Entry whereof upon Record there shall be One shilling paid and no more And in default of such claime made to be excluded from the same

X. Barrister, &c. practising before he has sworn;

Penalty £500, and Disability.

Provided neverthelesse and be it Enacted that if any such p[er]son before he hath taken the said Oath to be faithfull and beare true Allegiance to their Majesties in the Court of Kings Bench in Ireland or at the Generall Quarter Sessions of the Peace in the County City or Place where such p[er]son shall inhabit and procured the same to be Recorded and obtained the Certificate thereof shall use exercise or practise such his calling or profession shall forfeit the sume of Five hundred pounds to such person as will sue for the same in any of their Majesties Courts of Record in Ireland by Action of Debt Bill Plaint or Informac[i]on wherein no Essoign p[re]tection or Wager of Law shall be allowed And further such p[er]son so using or exercising his p[re]fession or Calling shall be adjudged uncapable ever to use or exercise the said p[re]fession or Calling

XI. Justices of Peace to give the Oath of Allegiance to all Persons of Eighteen and upwards.

Persons refusing, Penalty upon first Refusal; Penalty upon Second Refusal.; How disposed of.; Third Refusal.; Premunire, 16 R. II. c. 5. Punishment of Femes Covert refusing.

And be it further Enacted by the Authority aforesaid That it shall and may be lawfull for two or more Justices of the Peace whereof one shall be of [the (fn. 5) ] Quorum within any County City or Towne Corporate in the said Kingdom of Ireland and they are hereby required to direct their Warrant or Warrants to any Constable Tithingman Headborough or other Officer to Sum[m]on any p[er]son of the age of Eighteen yeares or upwards to appear before such Justices at such time and place as shall be menc[i]oned in such Warrant to take the Oath before menc[i]oned to be faithfull and bear true Allegiance to their Majesties And if such p[er]son [being (fn. 5) ] soe sum[m]oned shall not appear at the time and place having no lawfull let or impediment or appearing shall refuse to take the said Oath being tendred to him or her by the said Justices the said Justices shall co[m]mitt such p[er]son makeing default or refusing to take the said Oath to the co[m]mon Goal or House of Correction there to remain without Bail or Mainprize for the space of Three Months unlesse such offender shall pay down to the Justices or any of them such so[m]me of Money not exceeding Fourty shillings as [they (fn. 6) ] the said Justices shall require such offender to pay which Money shall be paid to the Church Wardens or Overseers of the Poor of such Parish or Place where such offender did last inhabitt And at some time after the end of three Months after such default or refusal two or more of such Justices as aforesaid shall have power and are hereby [required (fn. 7) ] to direct their Warrant in manner as aforesaid to sumon such offender to appear before them to take the said Oath And if such offender shall be sumoned and make default at the time and place appointed not having any lawfull lett or impediment or appearing shall refuse to take the said Oath being tendred to him or her the said Justices shall co[m]mitt such offender to the co[m]mon Gaol or House of Correcc[i]on there to remain for the space of Six Months without Bail or Mainprize unlesse such offender shall pay down to the said Justices or any of them such Su[m]me of Money not exceeding Ten pounds nor under Five pounds as the said Justices shall require which said Money shall be disposed of to the réleife of the Poor of such Parish or Place in manner as aforesaid and unlesse such offender shall become bound with two sufficient Sureties with condition to appear at the next Assizes or General Goal delivery to be holden for such County where such offender shall inhabitt or reside and in the mean time to be of the Good Behavior At which Assizes or Goal Delivery the said Oath shall be tendred to such offender by the Justices of Assize or Generall Goal Delivery in their open Assizes or Sessions And if upon such tender such offender shall refuse to take the said Oath he shall incur the Danger and Penalty of Premunire mentioned in the Statute of Premunire in the Sixteenth Yeare of the Reigne of King Richard the Second except Women Covert who upon refusal of the said Oath shall be by the said Justices of Assize in their open Assize or General Goal Delivery com[m]itted only to the Com[m]on Goal there to remain without Bail or Mainprize till they will take the said Oath.

XII. Declarations appointed for Quakers in place of the Oaths.

Provided neverthelesse That whereas there are certain Dissenters in Ireland com[m]only called Quakers who scruple the taking any Oath It shall be sufficient for every such Dissenter he or she producing a Certificate under the Hands and Seales of Six or more sufficient Men of the Congregation to which he or she belongs owning him or her for one of them to make and subscribe the following Declarac[i]on

I. A. B. do sincerely p[re]mise and solemnely declare before God and the World That I will be True and Faithfull to King William and Queen Mary And I do solemnly Professe and Declare That I do from my Heart abhorr detest and renounce as Impious and Heretical that damnable Doctrine and Position That Princes Excommunicated or Deprived by the Pope or any Authority of the See of Rome may bee deposed or murdered by their Subjects or any other whatsoever And I do declare That no Foreign Prince p[er]son Prelate State or Potentate hath or ought [to have (fn. 8) ] any Power Jurisdicc[i]on Supiority Preeminence or Authority Ecclesiasticall or Spirituall within this Realme

Exemption from Penalties.

And every such Dissenter so Subscribing shall be and is hereby exempted from the Penalties menc[i]oned in this Act

XIII. Taking Declarations does not make them capable of Office.

Provided neverthelesse That no such p[er]son called Quaker shall by such Declarac[i]on and Subscription be capable to take have or hold any Office Imployment Place Pay Salary Fee Grant Wages or any other Place of Profitt or Trust whereunto any p[er]son takeing the said Oaths and makeing and subscribeing the Declarac[i]on in the Courts aforesaid shall or may be Entituled Any thing herein contained to the contrary notwithstanding (fn. 9) ]

XIV. The Act not to be dispensed with by Letters Patent, &c.

Provided always and be it Enacted That this Act shall not be dispensed with by any Warrant or Letters Patents under the Great Seal of England or Ireland but that all such Warrants and Clauses of Dispensation thereof in any such Warrants or Letters Patents are hereby declared to be null and void and of noe effect Any Law Statute or Usage to the contrary notwithstanding