Irish Catholics

excluded only

fices.

33 Geo. 3. c.21. 8. 7. Ir.

And for the relief of the Roman catholics of Ireland,

from certain of the 33 Geo. 3. c. 21. Ir. enacts that papists or persons professing the popish or Roman catholic religion, may hold, exercise, and enjoy all civil and military offices, or places of trust or profit, under the crown in Ireland, and hold or take degrees or any professorship in, or be masters or fellows of, any college to be hereafter founded; provided that such college shall be a member of the university of Dublin,* and not founded exclusively for the education of papists, &c. nor consist exclusively of masters, fellows, or other persons to be named or elected on the foundation of such college, being persons professing the popish religion; or to hold any office or place of trust in, and to be a member of, any body corporate, except Trinity College, Dublin, without taking and subscribing the oaths of allegiance, supremacy, or abjuration, or making or subscribing the declaration required to be taken to enable any person to hold and enjoy any of said places, and without receiving the sacrament of the Lord's supper according to the rites and ceremonies of the church of Ireland. And by s. 8. papists, &c. are further declared capable of being elected professors of medicine upon the foundation of Sir Patrick Dunn. And to remove the obstacles that existed to prevent papists, &c. from entering into, or taking degrees in, the university of Dublin, the 13th section of this act provides, that it shall not be necessary for any person upon taking any of the degrees usually conferred by said university, to make or subscribe any declaration, or to take any oath, save the oaths of allegiance and abjuration. But this act provides (s. 14.) that no papist, &c. shall have any benefit af this act who shall not have first taken and subscribed the oath framed by the 13 & 14 Geo. 3. c. 35. Ir. viz. :

S. S.

s. 13.

S. 14.

Oath prescribed by the 13 & 14

Geo. 3. c. 35.Ir.

I, A. B. do take Almighty God, and his only son Jesus "Christ my redeemer, to witness, that I will be faithful "and bear true allegiance to our most gracious sovereign "lord king George the third, and him will defend to the "utmost of my power, against all conspiracies and attempts whatever, that shall be made against his person, "crown, and dignity; and I will do my utmost endea

66

*Maynooth College since established by 35 Qeo. 3. c.21. Ir.

vour

"vour to disclose and make known to his majesty, and "his heirs, all treasons and traitorous conspiracies, which may be formed against him or them; and I do faith66 fully promise to maintain, support, and defend, to the " utmost of my power, the succession of the crown in his

majesty's family against any person or persons whatsoever; hereby utterly renouncing and abjuring any "obedience or allegiance unto the person taking upon " himself the stile and title of Prince of Wales in the "lifetime of his father, and who, since his death, is said "to have assumed the stile and title of King of Great "Britain and Ireland, by the name of Charles the third, "and to any other person claiming or pretending a right "to the crown of these realms. And I do swear that I "do reject and detest as unchristian and impious to be"lieve, that it is lawful to murder or destroy any person "or persons whatsoever, for or under pretence of their

being hereticks; and also that unchristian and impi"ous principle, that no faith is to be kept with hereticks. "I further declare that it is no article of my faith, and " that I do renounce, reject, and abjure the opinion, "that princes excommunicated by the pope and council,

or by any authority of the see of Rome, or by any au"thority whatsoever, may be deposed or murdered by "their subjects, or by any person whatsoever: and I do

promise that I will not hold, maintain, or abet any "such opinion, or any other opinion contrary to what is "expressed in this declaration. And I do declare that "I do not believe that the pope of Rome or any other "foreign prince, prelate, state or potentate hath or

Qught to have any temporal or civil jurisdiction, power, "superiority or pre-eminence, directly or indirectly, "within this realm. And I do solemnly in the presence "of God, and of his only son Jesus Christ my redeemer,

'

profess, testify, and declare, that I do make this de"claration, and every part thereof, in the plain and or"dinary sense of the words of this oath, without any ❝ evasion, equivocation, or mental reservation whatever, "and without any dispensation already granted by the pope, or any authority of the see of Rome, or any ! 66 person

Declaration and oath prescribed by 33 Gro. 3. c. 21. Ir.

person whatever; and without thinking that I am or can "be acquitted before God or man, or absolved of this "declaration or any part thereof, although the pope, or (6 any other person or persons or authority whatsoever, "shall dispense with or annul the same, or declare that it "was null and void from the beginning. So help me "God." And in order to entitle themselves to the benefits of this act, papists, &c. are also required to take, make, and subscribe the following declaration and oath: "I, A. B. do hereby declare, that I do profess the "Roman catholic religión.”

"I, A. B. do swear, that I do abjure, condemn, and "detest, as unchristian and impious, the principle that "it is lawful to murder, destroy, or any ways injure any person whatsoever, for or under the pretence of being an heretick; and I do declare solemnly before God, "that I believe that no act in itself unjust, immoral,

66

or wicked, can ever be justified or excused by or "under pretence or colour that it was done, either for "the good of the church, or in obedience to any eccle"siastical power whatsoever. I also declare that it is not "an article of the catholic faith, neither am I thereby "required to believe or profess that the pope is infallible,

66

or that I am bound to obey any order in its own nature "immoral, though the pope or any ecclesiastical power "should issue or direct such order, but on the con"trary I hold that it would be sinful in me to pay any 66 respect or obedience thereto. I further declare that "I do not believe that any sin whatsoever committed "by me, can be forgiven at the mere will of any pope, "or of any priest, or of any person or persons whatso

66

ever; but that sincere sorrow for past sins, a firm and "sincere resolution to avoid future guilt, and to atone to "God, are previous and indispensable requisites to es"tablish a well founded expectation of forgiveness; and "that any person who receives absolution without these " previous requisites, so far from obtaining thereby any "remission of his sins, incurs the additional guilt of vio"lating a sacrament. And I do swear that I will defend "to the utmost of my power, the settlement and arrangement of property in this country, as established

66

" by

ἐσ

by the laws now in being. I do hereby disclaim, disavow, and solemnly abjure any intention to subvert the present church establishment, for the purpose of sub"stituting a catholic establishment in its stead; and I do solemnly swear that I will not exercise any privilege to "which I am or may become entitled, to disturb and "weaken the protestant religion and protestant govern"ment in this kingdom.-So help me God." These oaths and declaration are by the 33 Geo. 3. c. 21. s. 14. required to be taken and subscribed in some one of the four courts in Dublin, or at the general sessions of the peace, or at any adjournment thereof, to be holden for the county, city, or borough, where such papist, &c. doth inhabit or dwell, or before the going judge of assize for such county, &c. And this act also provides (s. 15.) that the names of such persons as shall so take and subscribe the said oaths and declaration, with their titles and additions, shall be entered upon rolls for that purpose to be appointed by the respective courts; and said rolls shall once in every year be transmitted to, and deposited in, the rolls-office in Ireland; and the master or keepers of the rolls and their deputies* are required to grant certificates of the said oaths and declaration being taken and subscribed, for each of which certificates is. and no more shall be taken. But by s. 9. this act shall not extend to enable any person to sit or vote in either house of parliament, or to hold exercise or enjoy the office of lord lieutenant of Ireland, or lord chancellor or commissioner of the great seal, or lord high treasurer or chancellor of the exchequer, chief justice or justices of K. B. or C. B. chief baron or baron of Exc. or judge of the court of admiralty, or master of the rolls, secretary of state, keeper of the privy seal, vice treasurer or deputy vice treasurer, teller and cashier of the exchequer, auditor general, lieutenant or governor or custos rotulorum of counties, secretary to the lord lieutenant, member of the privy council, prime serjeant, attorney general, solicitor general, second and third serjeants at law, or king's council,

By the 34 Geo. 3. c. 22. Ir. the proper officer of the court wherein any catholic shall qualify, is to grant a certificate forthwith, (fee 15.) on pain of £20. to be recovered by civil bill,

6. 15.

6. 9.

Excepted offices.

Aliens adopted as natural born.

Eng.

s. 1. Eng.

3. 2.

council, master in chancery, provost or fellow of Trinity college, Dublin, postmaster-general, master and lieutenant general of the ordnance, commander-in-chief, generals on the staff, sheriff or sub-sheriff of any county, or any office contrary to the new rules for corporations established by the privy council pursuant to the 17 & 18 Car. 2. Ir. unless such person shall have taken, made, and subscribed the oaths and declaration, and performed the several requisites then required by law.

Having thus traced the line of separation which divides the several classes of natives, I proceed to the statutes which include within the description of natural born subjects, certain persons though born out of the king's 7 Ann. c. 5. s.3. dominions or allegiance. By the 7 Ann. c. 5. s. 3. Eng. 4 Geo. 2. c. 21. as explained by the 4 Geo. 2. c. 21. Eng. all children born out of the ligeance of the crown of England or of Great Britain, whose fathers shall be natural born subjects of the crown of England, &c. at the time of the birth of such children, shall be adjudged and taken to be natural born subjects, to all intents and purposes. But by the latter statute, s. 2. these acts shall not extend to make any children born out of the ligeance of the crown of England, &c. to be natural born subjects, &c. whose fathers at the time of the birth of such children, shall be attainted of high treason, by judgment, outlawry, or otherwise, either in Great Britain or Ireland, or whose fathers at the time of the birth of such children shall, by any law made in Great Britain or Ireland, be liable to the penalties of high treason or felony, in case of their returning into either kingdom without the license of the crown, or whose fathers at the time of the birth of such children shall be in the actual service of any foreign prince or state then in enmity with the crown of England or Great Britain. And the provisions of these 13Geo. 3. c. 21. acts are further extended by the 13 Geo. 3. c. 21. Eng. to grandchildren by the father's side, this statute having Grandchildren enacted, that all persons born or who shall be born out of by the father's the ligeance of the crown of England or of Great Britain, whose fathers were or shall be by virtue of the 4 Geo. 2. c. 21. entitled to the rights and privileges of na

Eng.

side.

tural