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Reciting the Statutes, on which the allegations in the petition are
Every person that shall be admitted into any office civil or military, or shall receive any pay, salary, fee, or wages, belonging to any office or place of trust, by reason of any patent or grant from the crown, or having command or place of trust from or under the crown, or by its authority, or by authority derived from it, within this realm, shall, in the same or next term, in one of the four courts, in open court, between the hours of nine and twelve in the forenoon, or between the said hours, at the same or next general quarter sessions for that county, barony, or place where such persons, next after admission into such office, shall reside, take the several oaths, and repeat the declaration required by the 3d W. and M. ch. 2, in England, and also the oath of abjuration appointed by 1st Anne, ch. 22, in England, and also receive the sacrament of the Lord's Supper, according to the church of Ireland, in some public church, upon some Lord's Day, commonly called Sunday, immediately after divine service and sermon, within three months after such admission, and in the court where said oaths are taken, shall first deliver a certificate of having received the sacrament as aforesaid, under the hands of minister and church-wardens, and make proof thereof by two witnesses on oath. 2 Anne, ch. 6, s. 16, 17, 1 Geo. III, ch. 2, s. 1, 1702.
No person hereafter elected mayor, bailiff, sovereign, portreaf, burgomaster, recorder, sheriff, treasurer, alderman, townclerk, burgess, or one of the common council, or any magistrate, or such or the like officer, within any city, walled town or corporation, or master or wardens of any corporation, guild, or fraternity, within any city, walled town, or corporation, shall be capable of holding, enjoying, or executing any of the said offices, places, or employments, until he shall have taken the oath of supremacy established by ad Eliz, ch. 1, and the oath of allegiance; beside the oath usually taken upon the admission
of any person into the said offices, places, or employments ; the said oaths to be made before such persons as shall admit them to the said several offices; and, upon any such person's refusal to take the said oaths, the election of such persons into any of the said offices is void ; such persons only excepted, with whose making said oath of supremacy the Lord Lieutenant, for some particular reasons, shall think fit, by writing under his hand, by name to dispense. 25 Ch.2 Rules by Lord Lieutenant and Council, 1672.
The oath of supremacy mentioned in 2d Eliz. ch. 1, is hereby abrogated; and all persons that shall be admitted into any office or employment, ecclesiastical or civil, or come into any capacity in respect whereof they should have been obliged to take the said abrogated oath, shall take the oaths and make the declaration in this act mentioned, in such manner, at such times, and before such persons as they were directed to take the said abrogated oath. 3 W. & M. ch. 2, s. 1, 4. English. 1609. .
Not to be construed to allow erection or endowment of any Popish university or college, or endowed school in this realm. S. 4, 21, 22 Geo. III, ch. 62.
All Papists shall discover, and deliver up to a justice of peace, or head officer of their place of residence, all their arms, armor, and ammunition. Any two justices of the peace, or any chief officer of a town corporate, by themselves or by their warrant, are empowered, from time to time, to search for and seize all such arms, armor, and ammunition, as shall be concealed in any house, lodging, or other places where they shall suspect any such arms, armor, or ammunition, shall be concealed; and the same so seized, preserve for the King's use, and return a true account thereof to the Lord Lieutenant. The search must be made between the rising and the setting of the sun, other than in the cities and their suburbs, towns corporate, market towns, if it shall be so thought necessary, and the warrant for that purpose to direct and appoint. In case such justices of the peace or chief officer of town corporate, after such search made, suspect that any arms, armor, or ammunition, remained concealed, they are required to cause the persons suspected of concealing the same to be brought before them, and to be examined upon oath concerning the same. Every Papist who shall have arms, armor, or ammunition, and not discover and deliver up the same.
and every other person who wittingly shall have any arms, armor, or ammunition, to the use of, or in trust for, such Papist, and every such person who, upon demand or search made for such arms, armor and ammunition, shall refuse to declare to the justices or persons empowered to search for and seize the same, what arms, armor, and ammunition they, or any other, to his knowledge, or with his privity, have, or shall hinder the delivery thereof to the persons authorized to search for and seize the same, and every other person who shall refuse to make discovery on oath, to be administered by the said justices, or chief officer of town corporate, concerning the premises, or being summoned by warrant, under the hands of two justices of peace, shall, without reasonable cause, refuse or neglect to appear before such justices of the peace or chief officer, to be examined concerning the premises, shall forfeit in manner following, viz. If such person be a peer or peeress, he or she shall, for the first offence, forfeit £100; and, for the second offence, incur the penalty of a person attainted in a premunire, and, being thereof convicted, shall suffer punishment accordingly; if such person be under the degree of a peer or peeress, he or she shall, for the first offence, forfeit £30, and imprisonment for one year; and, for the second offence, incur and suffer the pains and penalties of a person attainted in a premunire. Of the forfeiture by the peer or peeress, one moiety to go to the King, and the other moiety to the prosecutor. Lord Lieutenant and Privy Council may, by order of Privy Council, license any person, as he and they shall think fit, to keep such arms as shall be particularly expressed in such license. Persons refusing the oaths and declaration in the act mentioned, tendered by a justice of peace, shall be deemed Papists. Magistrates neglecting or refusing to execute this act forfeit £50, one moiety to the King, the other to the prosecutor, and disabled to act. 7 Will. III, ch. 5, s. 1. 1694. S. 2, 5,7,12,13.
No Papist, or reputed Papist, shall be employed as fowler for a Protestant, or under color thereof shall have, keep, carry, or use, any gun or fire arms; the same may be seized by warrant of a justice of peace, and belongs to the informer, notwithstanding the same should be the property of a Protestant. 10th Will. III, ch. 8, s. 4. 1797.
The powers in 7th Will. III, ch. 5, may be exercised by all justices of the peace and chief officers of cities and towns corporate; the penalty for first offence in peers and peeresses extended to £300, and in other persons to £50 and one year's imprisonment; said penalties of £300, and £50, to be divided between the King and the prosecutor. Justices of peace for counties, and counties of cities and counties of towns, at Midsummer quarter sessions, yearly, shall issue warrants to constables and two others in each barony, to search for arms, armor, and ammunition, in the possession of Papists, or other persons in trust for them; and the chief magistrate of every city and town corporate, not being a county of a city or county of a town, or his deputy, shall once in a year issue his warrant to the constables of each city or town to search in like manner. The chief magistrate, or his deputy, neglecting so to do, shall forfeit £10, and every high constable neglecting to execute such warrant shall forfeit the sum of £5, and every petty constable neglecting to execute such warrant shall forfeit £1, the said respective penalties to be recovered by civil bill, by any person who shall sue for the same. If justices neglect to search, after due information upon oath, they forfeit £20, recoverable by civil bill to the use of the person suing for the same. No Papist, or other person in trust for him, shall, for sale, or otherwise, keep or have, for, or upon any pretence, whatsoever, any warlike stores, sword blades, barrels, locks, or stocks of guns or fire arms, on penalty, on conviction, of £20, by civil bill to the prosecutor, and imprisonment one year, and till the £ 20 be paid. Where any Protestant servant, by the direction, consent, or privity of his Popish master, keeps arms, such master shall be deemed as if he actually kept such arms, and shall suffer the penalties that are inflicted on Papists who keep arms, and such servant shall be subject to said penalties as if he were a Papist. All suits and prosecutions for any offence against this act shall be commenced within one year after the offence committed. 12th Geo. II, ch. 6, s. 1, s. 2, 1738, S. 3. s. 13, s. 14, S. 15.
One or more justice or justices of the peace, and all sheriffs and chief magistrates of cities and towns corporate, within their respective jurisdictions, may, from time to time, as well by night as by day, search for, and seize all arms and ammunition
belonging to any Papist not licensed to keep the same, or in the hands of any person in trust for a Papist; and for that purpose enter any dwelling house, out house, office, field, or other place belonging to a Papist, or to any other person where such magistrate has reasonable cause to suspect any such arms or ammunition shall be concealed, and on suspicion, after search, may summon and examine on oath the person suspected of such concealment. 15 & 16 Geo. III, ch. 21, sec 15. 1775.
Provided, that no person shall be convicted, or incur any penalty for any offence upon any confession or discovery he or she shall make, on being examined upon oath as aforesaid, nor shall any such examination be given in evidence against the person so examined, unless such person shall be indicted for having committed wilful perjury in such examination. Sec. 16.
Papists refusing to deliver or declare such arms as they or any with their privity have, or hindering the delivery, or refusing discovery on oath, or without cause neglecting to appear on summons, to be examined before a magistrate concerning the same, shall, on conviction, be punished by fine and imprisonment, or such corporal punishment of pillory or whipping, as the court shall, in their discretion, think proper. Sec. 17.
The above act of the 15th and 16th Geo. III, ch. 21, was, by said act, continued to the 24th June, 1778; was further continued to the 24th June, 1780, and from thence to the end of the then next session of Parliament, by the 17th and 18th Geo. III, ch. 36. 8. 7, 8; was further continued to the 24th June, 1785, and from thence to the end of the then next session of Parliament, by the 19th and 20th Geo. III, ch. 14. S. 5; was further continued to the 24th June, 1787, and to the end of the then next session of Parliament, by the 21st and 22d Geo. III, ch. 40. s. 1; and by the 26th Geo. III, ch. 24. s. 72, the said act of the 15th and 16th Geo. III, ch. 21, was revived and continued for the term of seven years from the 25th March, 1786, and from thence to the end of the then next session of Parliament.
N. B. From the above statement, it must be evident, that the aforesaid act of the 15th and 16th Geo. III, ch. 21, DID NOT EXPIRE IN 1784, BUT IS STILL IN FULL FORCE.
It shall be lawful for the commissioners of police and divisional justices, or any of them, acting under this act, to search suspected places within the district for concealed arms, and if