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LAWS IN IRELAND FOR THE SUPPRESSION OF POPERY
commonly known as the
PENAL LAWS




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STATUTES BY SUBJECT -- LAND

 

7.001
English Statute 1 Ann c.26 (1702):
An Act for the Relief of the Protestant Purchasers of the forfeited Estates in Ireland

Sec. 7: To the end that none of the aforesaid purchased forfeited estates may ever descend to any Papist but shall remain to be held and enjoyed by Protestants for the strengthening of the English interest and Protestant religion, if any person educated in the popish religion, or professing the same, and being under the age of 18, shall not, within 6 months of attaining the age of 18, take the oaths of allegiance and supremacy, and the declaration against transubstantiation in the courts of Chancery or Kings-bench in England or Ireland, or in the quarter-sessions where such person shall reside, and continue to be a protestants, such person in respect of himself only, and not his heirs or posterity, shall be disabled to take by decent, devise, or limitation, any of the forfeited estates purchased in Ireland, and during the life of such person, or until he shall take the oaths etc., the protestant next of kin shall enjoy the premises.

7.002
English Statute 1 Ann c.26 (1702):
An Act for the Relief of the Protestant Purchasers of the forfeited Estates in Ireland

Sec. 8: Such papist shall also be disabled to purchase any of the forfeited premises, and all estates and interests in the premises for the benefit of such person shall be void.

7.003
English Statute 1 Ann c.26 (1702):
An Act for the Relief of the Protestant Purchasers of the forfeited Estates in Ireland

Sec. 9. All leases of the said forfeited estates shall be made to such persons only as are of the protestant religion, and any lease made to or in trust for any papist shall be void, and both the person making such lease and the person for whose benefit the lease shall be made, shall forfeit treble the yearly value of the lands, one half to her Majesty, the other to such protestant who will sue for the same.

7.004
English Statute 1 Ann c.26 (1702):
An Act for the Relief of the Protestant Purchasers of the forfeited Estates in Ireland

Sec. 10. Nothing in this act shall make void any lease of any cottage or cabin under the yearly value of 30 shillings to any day-labourer.

7.005
English Statute 1 Ann c. 26 (1702):
An Act for the Relief of the Protestant Purchasers of the forfeited Estates in Ireland

Sec. 15. No papist, during the time of his professing the popish religion, shall be capable to inherit, take or enjoy any other forfeited estates or interest therein, and if any person educated in the popish religion, or professing the same, shall not, within 6 months after the accruing of his title, or of attaining the age of 18, take the oaths of allegiance and supremacy, and the declaration against transubstantiation in the courts of Chancery or Kings-bench in England or Ireland, or in the quarter-sessions where such person shall reside, and continue to be a protestants, such person in respect of himself only, and not his heirs or posterity, shall be disabled to inherit or take any of the premises, or any trust or interest in the same, and during the life of such person, or until he shall take the oaths etc., the next of kindred who shall be a protestant, shall enjoy the premises.

7.006
English Statute 1 Ann c.26 (1702):
An Act for the Relief of the Protestant Purchasers of the forfeited Estates in Ireland

Sec. 16-17. All leases of any of the premises shall be made to protestants and none other, and any lease made to or in trust for any papist shall be void, and both the person making such lease and the person for whose benefit the lease shall be made, shall forfeit treble the yearly value of the lands, one half to her Majesty, the other half to such protestant who will sue for the same. Same proviso excepting cottages.

7.007
English Statute 1 Ann c.26 (1702):
An Act for the Relief of the Protestant Purchasers of the forfeited Estates in Ireland

Sec. 20. In all acts which have passed this session of parliament relating to the forfeited estates in Ireland, which injoin the taking the oaths of allegiance, the person injoined to take oaths of allegiance, shall be obliged at the same time to take the oath of supremacy, under the like penalties.

7.008
English Statute 1 Ann c.26 (1702):
An Act for the Relief of the Protestant Purchasers of the forfeited Estates in Ireland

Sec. 21. There shall not be let with any cabin or cottage to any day labourer (as by any act of this session relating to the forfeited estates in Ireland is permitted) above 2 acres of land, and not above one cottage or cabin with such land to any one day-labourer. Or such lease will be void, and both the person making and the person taking such lease, or occupying such cottage or lands, shall forfeit treble the yearly value, to be recovered and distributed as any other penalties by the said acts.

7.01
2 Ann c.6 (1703):
An Act to prevent the further Growth of Popery

Sec. 6. Every papist shall be disabled to purchase any lands, or any rents or profits of lands, or any lease of lands, other than for a term not exceeding 31 years, whereon a rent not less than two thirds of the improved yearly value, at the time of making such lease, shall be reserved during such term.
And all estates or terms or other interests acquired after the 24th of March, 1703, other than such 31-year leases, by or on behalf of papists, shall be void.

7.02
2 Ann c.6 (1703):
An Act to prevent the further Growth of Popery

Sec. 7. No papist shall inherit or take any other interests in land owned by a Protestant, unless the papist shall conform to the protestant religion within six months of the time at which he would be entitled to said lands. But during the life of such papist the nearest protestant relation shall enjoy such land without being accountable for the profits, subject only to charges for the maintenance of the children of such disabled papist as the chancellor shall see fit to allow until they reach the age of 18.

7.021
2 Ann c.6 (1703):
An Act to prevent the further Growth of Popery

Sec. 8. Provided that if any papist that would be entitled to the same by virtue of this act, or the disability of another papist, shall afterwards become protestant, and continue as such, he shall be intitled to enjoyment of the land as he would have been if he had been a protestant when the disability fell on such other papist. And the person enjoying the same may lease the land, or any part thereof, for 21 years or less, without fine, reserving the best improved rent that can be got, but if such person commit waste on the said lands, the disabled party may recover damages for the waste.

7.03
2 Ann c.6 (1703):
An Act to prevent the further Growth of Popery

Sec. 9. Provided that the protestant wife of such disabled papist shall have her dower and thirds as at common law.

7.04
2 Ann c.6 (1703):
An Act to prevent the further Growth of Popery

Sec. 10. All lands owned by a papist, and not sold during his lifetime for valuable consideration, really and bona fide paid, shall descend in gavelkind, that is to all of his sons, share and share alike, and not to the eldest son only, and lacking sons, to all his daughters, and lacking issue, to all kin of the papist's father in equal degree, etc.; notwithstanding any grant, settlement or disposition made by such papist, by will or otherwise, subject however to all debts and incumbrances charging such estate.

7.05
2 Ann c.6 (1703):
An Act to prevent the further Growth of Popery

Sec. 11. Provided such papist may charge his estate with reasonable maintenances and portions for his daughters.

7.06
2 Ann c.6 (1703):
An Act to prevent the further Growth of Popery

Sec. 12. If the eldest son or heir at law of a papist be a protestant at the time of the decease of such papist, the lands of the papist shall descend to that eldest son or heir at law according to the rules of the common law, provided that the bishop's certificate of his being protestant be enrolled within 3 months after the decease of such papist,
And if that eldest son or heir at law become a protestant within one year after the decease of such papist, he shall be entitled to the real estate of such papist, as he might have done had he been a protestant at the time of such papist's decease.
And the estate shall be chargeable with such sums for the maintenance and portions of the daughters and younger sons of such papist as the court of chancery shall appoint, not to exceed the value of one third of the estate.

7.061
2 Ann c.6 (1703):
An Act to prevent the further Growth of Popery

Sec. 13. Provided that such lands, during such time as any protestant shall be seized thereof in fee-simple or fee-tail, shall from such protestant be descendable according to the rules of the common law.

7.07
2 Ann c.6 (1703):
An Act to prevent the further Growth of Popery

Sec. 14. All debts and incumbrances that a papist may contract to encumber his real estate must be publicly recorded in the court of exchequer within six months after the making thereof, or the same shall not encumber the estate during such time as it shall belong to a protestant.

7.08
2 Ann c.6 (1703):
An Act to prevent the further Growth of Popery

Sec. 23 and 28. No papists shall take or purchase any house or tenement or inhabit the cities of Limerick and Galway, or the suburbs thereof, and all papists now inhabiting said cities or suburbs, shall before the 24th of March next ensuing before the chief magistrate become bound to her Majesty with two sufficient sureties, in a reasonable penal sum to be set by the chief magistrate, sheriff or recorder, with condition of faithfully bearing himself toward her Majesty, and in default of giving such security, such papists shall depart from the said city before the 24th of March, 1705. Provided that seamen, fishermen, and day labourers in houses worth 40 shillings a year or less are excepted.

7.09
8 Ann c.3 (1709):
An Act for explaining ... an Act to Prevent the further Growth of Popery

Sec. 1. Whereas the prior Act has been eluded by making of settlements on papists by granting annuities for lives, and by perfecting collateral securities for performing the covenants in such deeds of annuity, under pretence that annuities, being only personal and not real inheritance, are not comprehended under said act, no papist shall be capable to receive any annuities chargeable on or affecting any lands etc., and all securities for such annuities as they affect lands of such papist, shall be void.

7.10
8 Ann c.3 (1709):
An Act for explaining ... an Act to Prevent the further Growth of Popery

Sec. 2. Provided any papist to whom such annuity may be granted may execute for the same upon the person or personal estate of the grantor.

7.11
8 Ann c.3 (1709):
An Act for explaining ... an Act to Prevent the further Growth of Popery

Sec. 6 - 8. All settlements and other conveyances made since the 1st of January 1703 of any lands etc. by papists whereby any protestant is barred from any estate in reversion or remainder shall be void, unless such conveyance or mortgage shall be to a protestant for full and valuable consideration really and bona fide made. Provided every protestant whose remainder or reversion is protected by this section 6 shall have the right of redemption of all such mortgages.

7.12
8 Ann c.3 (1709):
An Act for explaining ... an Act to Prevent the further Growth of Popery

Sec. 9. The clause of 2 Ann c.6, sec.10 commonly called the gavelling clause, shall be adjudged to take effect from the first day of that session of parliament, and all settlements, sales and other conveyances by any papist of any lands etc. to elude the said act shall be void.

7.121
8 Ann c.3 (1709):
An Act for explaining ... an Act to Prevent the further Growth of Popery

Sec. 10. Nothing herein contained shall extend to any lands aliened or disposed of between 21 September 1703 and 25 March 1704 for valuable consideration of marriage or money bona fide paid, or for reasonable maintenances and portions charged for daughters and younger children.

7.13
8 Ann c.3 (1709):
An Act for explaining ... an Act to Prevent the further Growth of Popery

Sec. 27. All collateral and other securities to cover, secure, or make good any conveyance of land or lease contrary to 2 Ann c.6 are void as to any papist purchaser or purchaser in trust for any papist.
And any such lands and securities may be sued for in law or equity by any protestant informer whatsoever, who upon proof that the conveyance or lease was contrary to law, shall recover possession thereunder and enjoy the lands according to whatever estate or interest the papist would have had, and subject to such rents and incumbrances as the same would have been subject to, had such papist been qualified to purchase and enjoy the same.

7.14
8 Ann c.3 (1709):
An Act for explaining ... an Act to Prevent the further Growth of Popery

Sec. 28. Purchases, leases, mortgages, etc. by papists who have become protestants and fulfilled the requirements of the law, including educating their children as protestants, by 25 December, 1709, shall be considered as good as though such papists were protestant at the time of the conveyance, except for forfeited estates divested out of the trustees and vested in others by private acts of parliament.

7.141
8 Ann c.3 (1709):
An Act for explaining ... an Act to Prevent the further Growth of Popery

Sec. 29. Nothing herein shall extend to weaken any estate of any bona fide protestant purchaser for value from any person who has purchased in trust for any papist.

7.15
8 Ann c.3 (1709):
An Act for explaining ... an Act to Prevent the further Growth of Popery

Sec. 30. Any protestant may prefer a bill in the court of chancery or exchequer against any persons concerned in the sale, lease, mortgage, or incumbrance of lands to papists, or in trust for papists, and to compel such person to discover such trusts and to answer all matters relating thereto to which bill no plea or demurrer shall be allowed, but the defendant shall answer the same under oath, which answer shall be good evidence against such defendant.
And all issues to be tried under this Act shall be tried by none but known protestants.



19 Geo II c.7 (1745):
An Act for the more effectual preventing his Majesty's Subjects from entering into foreign Service, ...

Sec. 1. Any subject of the kingdom of Ireland who shall, after the eighth day of October 1745, serve in the military of the King of France or Spain shall after the 25th day of March be disabled from holding or acquiring any lands or money or personal property or interest in the same, which real or personal estate may be sued for and recovered by any Protestant informer in the manner provided by the statute of 8 Anne c3.


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