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the thirteenth year of the reign of the late Queen Elizabeth, except the No. LXXII. Thirty-fourth, Thirty-fifth, and Thirty-sixth, and these words of the
1 William Twentieth Article, viz. (The Church hath Power to decree Riles or Ceremonies, and Authority in Controversies of Faith, and yet] shall be liable to
and Mary, any of the Pains or Penalties mentioned in an Act made in the seventeenth sess. 1. c. 18. year of the reign of King Charles the Second, intituled, An Act for. restraining Non-conformists from inhabiting in Corporations ; nor the Pe- 13 Eliz. c. 12. nalties mentioned in the aforesaid Act made in the two and twentieth 17 Car. 2. c.%. year of his said late Majesty's reign, for or by reason of such persons preaching at any Meeting for the exercise of Religion; nor to the Penalty of one hundred Pounds mentioned in an Act made in the thirteenth and fourteenth of King Charles the Second, intituled, An Act for the Unifornity 13 and 14 Car, of Publick Prayers, and Administration of Sacruments and other Rites and 2. c. 4. Ceremonies : And for establishing the Form of making, ordaining, and consecrating of Bishops, Priests, and Deacons, in the Church of England, for officiating in any Congregation for the Exercise of Religion permitted and allowed by this Act.
IX. Provided always, That the making and subscribing the said Decla- Taking the ration, and the taking the said Oaths, and making the Declaration of Oaths, &c. to Approbation and Subscription to the said Articles, in manner as aforesaid, he registered. by every respective person or persons hereinbefore mentioned, at such General or Quarter-Sessions of the Peace as aforesaid, shall be then and there entred of Record in the said Court, for which Sixpence shall be paid to the Clerk of the Peace, and no more: Provided that such person shall Meeling-door not at any time preach in any place, but with the doors not locked, barred, to be uniucked. or bolted, as aforesaid.
• X. And whereas some Dissenting Protestants scruple the Baptizing of Baptists. Infants ;' be it enacted, by the Authority aforesaid, That every person in pretended holy Orders, or pretending to holy Orders, or Preacher, or Teacher, that shall subscribe the aforesaid Articles of Religion, except before excepted, and except part of the seven and twentieth Article touching Infant Baptism, and shall take the said Oaths, and make and subscribe the Declaration aforesaid, in manner aforesaid, cvery such person shall enjoy all the privileges, benefits, and advantages, which any other Dissenting Minister, as aforesaid, might have or enjoy by virtue of this Act.
XI. And be it further enacted, by the Authority aforesaid, That every Teachers ex. Teacher or Preacher in holy Orders, or pretended holy Orders, that is a empt from Minister, Preacher, or Teacher of a Congregation, that shall take the Offices. Oaths herein required, and make and subscribe the Declaration aforesaid, and also subscribe such of the aforesaid Articles of the Church of England, as are required by this Act in manner aforesaid, shall be thenceforth exempted from serving upon any Jury, or from being chosen or appointed to bear the office of Churchwarden, Overseer of the Poor, or any other parochial or Ward Office, or other Office, in any
Hundred of any Shire, City, Town, Parish, Division, or Wapentake.
XII. And be it further enacted, by the Authority aforesaid, That every Justices of Justice of the Peace may at any time hereafter require any person that Peace may goes to any Meeting for Exercise of Religion, to make and subscribe the tender the Declaration aforesaid, and also to take the said Oaths or Declaration of Oaths, &c. Fidelity hereinafter mentioned, in case such person scruples the taking of an Oath, and upon refusal thereof, such Justice of the Peace is hereby required to commit such person to prison without bail or mainprize, and to certify the name of such person to the next General or QuarterSessions of the Peace to be held for that County, City, Town, Part or Division, where such person then resides; and if such person so committed shall, upon a second tender at the General or Quarter-Sessions, refuse to Penalty for make and subscribe the Declaration aforesaid, such person refusing shall refusing. be then and there recorded, and he shall be taken thenceforth to all intents and purposes for a Popish Recusant Convict, and suffer accordingly, and incur all the penalties and forfeitures of all the aforesaid Laws.
XIII. And whereas there are certain other persons, Dissenters from Quakers how Vol. V.
Nó. LXXII. · the Church of England, who scruple the taking of any Oath ;' be it
1:W. & M. enacted, by the Authority aforesaid, "That every such person shall make sess. 1. c. 18. Fidelity following, viz.
and subscribe the aforesaid Declaration, and also this Declaration of
* I A. B. do sincerely promise and solemnly declare, before God and Altered as to " the World, that I will be true and faithful to King William and Queen Quakers by Mary; and I do solemnly profess and declare, that I do from my heart 8 Geo. 1. c. 6. ' abhor, detest, and renounce, as impious and heretical, that damnable Declaration of ' doctrine and position, That Princes excommunicated or deprived by the Fidelity. • Pope, or any Authority of the See of Rome, may be deposed or murthered
by their Subjects, or any other whatsoever. And I do declare, that no Foreign Prince, Person, Prelate, State, or Potentate, hath, or ought to have, any Power, Jurisdiction, Superiority, Pre-eminence, or Authority,
Ecclesiastical or Spiritual, within this Realm.'
And shall subscribe a Profession of their Christian Belief in these words: Profession. ' I A. B. profess Faith in God the Father, and in Jesus Christ his
• eternal Son, the true God, and in the Holy Spirit, One God blessed for
evermore; and do acknowledge the Holy Scriptures of the Old and New • Testament to be given by Divine Inspiration.' Which Declaration and Subscription shall be made and entred of Record at the General Quarter-Sessions of the Peace for the County, City, or Place where every such person shall then reside. And every such person that shall make and subscribe the two Declarations and Profession aforesaid, being thereunto required, shall be exempted from all the pains and penalties of all and every the aforementioned Statutes made against
Popish Recusants, or Protestant Nonconformists, and also from the 5 Eliz. c. 1. penalties of an Act made in the fifth year of the reign of the late Queen
Elizabeth, intituled, An Act for the Assurance of the Queen's Royal Power over all Estates and Subjects within her Dominions, for or by reason of such persons not taking or refusing to take the Oath mentioned in the said Act,
and also from the penalties of an Act made in the thirteenth and four13& 14 Car.2. teenth years of the reign of King Charles the Second, intituled, An Act for
preventing Mischiefs that may arise by certain persons called Quakers, refusing to take lawful Oaths; and enjoy all other the benefits, privileges, and advantages under the like limitations, provisoes, and conditions, which
any other Dissenters shall or ought to enjoy by virtue of this Act. How purged XIV. Provided always, and be it enacted, by the Authority aforesaid, after refusal That in case any person shall refuse to take the said Oaths, when tendered of the Oatlis. to them, which every Justice of the Peace is hereby impowered to do, such
person shall not be admitted to make and subscribe the two Declarations aforesaid, though required thereunto either before any Justice of the Peace, or at the General or Quarter-Sessions, before or after any conviction of Popish Recusancy, as aforesaid, unless such person can, within thirty-one days after such tender of the Declarations to him, produce two sufficient Protestant witnesses, to testify upon Oath, that they believe him to be a Protestant Dissenter, or a Certificate under the hands of four Protestants, who are conformable to the Church of England, or have taken the Oaths and subscribed the Declaration above mentioned, and shall also produce a Certificate under the hands and seals of six or more sufficient men of the Congregation to which he belongs, owning him for one of them.
XV. Provided also, and be it enacted, by the Authority aforesaid, That until such Certificate, under the hands of six of his Congregation, as aforesaid, be produced, and two Protestant witnesses come to attest his being a Protestant Dissenter, or a Certificate under the hands of four Protestants, as aforesaid, be produced, the Justice of the Peace shall and hereby is required to take a recognizance with two Sureties in the penal sum of Fifty Pounds, to be levied of his goods and chattels, lands and tenements, to the use of the King's and Queen's Majesties, their Heirs and Successors, for his producing the same; and if he cannot give such security, to commit him to Prison, there to remain until he has produced such Certificates, or two Witnesses, as aforesaid.
XVI. Provided always, and it is the true intent and meaning of this Act, No. LXXII. That all the Laws made and provided for the frequenting of Divine Ser
1 W. & M. vice on the Lord's Day, commonly called Sunday, shall be still in force, and executed against all Persons that offend against the said Laws, except such
sess. 1.c. 18. Persons come to some Congregation or Assembly of Religious Worship,
Laws for Diallowed or permitted by this Act.
vine Service in XVII. Provided always, and be it further enacted by the authority force. aforesaid, That neither this Act, nor any clause, article, or thing herein contained, shall extend or be construed to extend to give any ease, benefit, Papists, &c. or advantage to any Papist or Popish Recusant whatsoever, or any Person excepted. that shall deny in his preaching or writing the Doctrine of the Blessed Trinity, as it is declared in the aforesaid Articles of Religion (1).
XVIII. Provided always, and be it enacted by the authority aforesaid, Disturbers of That if any Person or Persons, at any time or times after the tenth day of Religious WorJune, do and shall willingly and of purpose, maliciously or contemptu- ship how puously come into any Cathedral or Parish Church, Chapel, or other Con- nished. gregation permitted by this Act, and disquiet or disturb the same, or misuse any Preacher or Teacher, such Person or Persons, upon proof thereof before any Justice of Peace, by two or more sufficient witnesses, shall find two sureties to be bound by recognizance in the penal sum of fifty pounds, and in default of such sureties shall be committed to prison, there to remain till the next General or Quarter-Sessions; and upon conviction of the said offence at the said General or Quarter-Sessions, (2) shall suffer the pain and penalty of twenty pounds, (3) to the use of the King's and Queen's Majesty, their heirs, and successors.
XIX. Provided always, That no Congregation or Assembly for Reli- Place for Worgious Worship shall be permitted or allowed by this Act, until the place of ship to be cersuch meeting shall be certified to the Bishop of the Diocese, or to the tified. Archdeacon of that Archdeaconry, or to the Justices of the Peace at the General or Quarter-Sessions of the Peace for the County, City, or place in which such meeting shall be held, and registered in the said Bishop's or Archdeacon's Court respectively, or recorded at the said General or Quarter Sessions; the Register or Clerk of the Peace whereof respectively is hereby required to register the same, and to give certificate thereof to such Person as shall demand the same, for which there shall be no greater fee nor reward taken than the sum of sixpence.
(1) This Section repealed by Stat. 53 Geo. be removed into the King's Bench before III. c. 160, post.
Verdict; R. c. Hube, 5 T. R. 342.
(3) Each of several Defendants is liable to (2) An indictnient upon this Section may the entire Penalty; R. v. Hube, ub, supr.
[ No. LXXIII. ] 1 William and Mary, c. 26.–An Act
to vest in the two Universities the Presentation of Benefices belonging to Papists.
[Inserted Pt. I. Cl. II. No. 14.]
[ No. LXXIV. ] 7 and 8 William III. c. 24.—An Act re
quiring the Practisers of Law to take the Oaths, and sub
scribe the Declaration therin mentioned. FOR the better security of his Majesty's Government, and the public Persons prac
peace of this Kingdom; be it enacted by the King's most excellent tising Law not Majesty, by and with the advice and consent of the Lords Spiritual and taking the Temporal, and Commons, in this Parliament assembled, and by the au
Oaths by 1 W. thority of the same, That if any Person at any time after the five and
c. 8. to incur twentieth day of May, which shall be in the year of our Lord one thou
& M. sess. 1.
No. LXXIV. sand six hundred ninety-six,shall act as a Serjeant at Law, Counsellor at Law, 7 & 8 W.III.
Barrister, Advocate, Attorney, Solicitor, Proctor, Clerk or Notary, by practising in any manner as such in any Court or Courts whatsoever, not having, before the time of such acting, taken in his Majesty's Court of Chancery, or
King's Bench, or Quarter-Sessions of the County wherein he lives, the Oaths the Penalties mentioned and appointed to be taken in and by one Act made in the first of Præmunire, year of the reign of King William and Queen Mary, intituled, An Act for 16 R. 2. c. 5.
the abrogating of the Oaths of Allegiance and Supremacy, and appointing other Oaths, and made and subscribed the Declaration appointed to be
made and subscribed in and by one Act made in the five and twentieth 25 Car. 2. c. 2. year of the reign of King Charles the Second, intituled, An Act for pre
venting Dangers which may happen from Popish Recusants, such Persons shall incur all the pains, penalties, and forfeitures mentioned in the Statute of Provision and Præmunire, made in the sixteenth year of the reign of King Richard the Second.
P. [ No. LXXV. 7 and 8 William III. c. 27.- An Act for the
better Security of his Majesty's Royal Person and Go
vei nment. Persons re- XIX. AND be it further enacted by the Authority aforesaid, That no fusing to take
Person who shall refuse to take the Oaths directed by an Act the Oaths by 1 made in the first year of the reign of his present Majesty, and the late W. & M. sess. Queen Mary, intituled, An Act for abrogating of the Ouths of Supremacy 1. c. 18, &c. to and Allegiance, and appointing other Oaths, or being Quakers, shall refuse to have no Vote subscribe the Declaration of Fidelity, directed by one other Act of Par. in Election of liament made in the said first year of the reign of his present Majesty and Members of Parliament.
the late Queen, intituled, An Act for exempting their Majesty's Protestant Subjects, dissenting from the Church of England, from the Penalties of certain Laws, (which Oaths and Subscription respectively the Sheriff or Chief Officer taking the poll at any election of Members to serve in Parliament, at the request of any one of the candidates, are hereby impowered and required to administer) shall be admitted to give any vote for the election of any Knight of the Shire, Citizen, Burgess, or Baron of the Cinque-ports, to serve in Parliament.
[ No. LXXVI.) 7 and 8 William III. c. 34.-An Act
that the solemn Affirmation and Declaration of the People called Quakers, shall be accepted instead of an Oath in the usual Form.
[Part of this Act, Vol. III.]
[ No. LXXVII. j 9 and 10 William III. c. 32.-An Act
for the more effectual suppressing of Blasphemy and Profaneness.* WHEREAS many Persons have of late years openly avowed and pub
lished many blasphemous and impious opinions, contrary to the • doctrines and principles of the Christian Religion, greatly tending to the * dishonour of Almighty God, and may prove destructive to the peace and . welfare of this Kingdom:' Wherefore, for the more effectual suppressing of the said detestable crimes, be it enacted by the King's most excellent Majesty, by and with the advice and consent of the Lords Spiritual and
Temporal, and the Commons, in this present Parliament assembled, and by Persons deny
the authority of the same, That if any Person or Persons, having been ing the Trini.
* In part repealed by Stat. 53 Geo. III. c. 160, post.
educated in, or at any time having made profession of the Christian Reli- No. LXXVII. gion within this Realm, shall by writing, printing, teaching, or advised 9&IOW.III. speaking, deny any one of the Persons in the Holy Trinity to be God, or shall assert or maintain there are more Gods than one, or shall deny the Christian Religion to be true, or the Holy Scriptures of the Old and New Testament to be of Divine authority, and shall, upon indictment or infor- ty, &c. being mation in any of his Majesty's Courts at Westminster, or at the Assizes, be convicted thereof lawfully convicted by the oath of two or more credible witnesses; thereot, dissuch Person or Persons for the first offence shall be adjudged incapablc abled to hold and disabled
in Law, to all intents and purposes whatsoever, to have or any Office,&c. enjoy any Office or Offices, Employment or Employments, Ecclesiastical, Civil, or Military, or any part in them, or any profit or advantage appertaining to them, or any of them: And if any Person or Persons so convicted as aforesaid, shall, at the time of his or their conviction, enjoy or possess any Office, Place, or Employment, such Office, Place, or Employment shall be void, and is hereby declared void: And if such Person or Further DisaPersons shall be a second time lawfully convicted as aforesaid, of all or bilities if a seany the aforesaid crime or crimes, that then he or they shall from thence- cond time conforth be disabled to sue, prosecute, plead, or use any action or information victed thereof. in
any Court of Law or Equity, or to be Guardian of any Child, or Executor or Administrator of any Person, or capable
of any legacy, or deed of gift, or to bear any Office, Civil or Military, or Benefice Ecclesiastical for ever within this Realm, and shall also suffer imprisonment for the space of three years, without bail or mainprize, from the time of such conviction.
II. Provided always, and be it enacted by the authority aforesaid, That Limitation of no. Person shall be prosecuted by virtue of this Act, for
l'rosecutions. words spoken,
any unless the information of such words shall be given upon oath before one or more Justice or Justices of the Peace, within four days after such words spoken, and the prosecution of such offence be within three months after such information.
III. Provided also, and be it enacted by the authority aforesaid, That Offenders on any Person or Persons, convicted of all or any of the aforesaid crime or renouncing crimes, in manner aforesaid, shall, for the first offence, (upon his, her, or their Opinions their acknowledgment and renunciation of such offence or erroneous in four months
after Convicopinions, in the same Court where such Person or Persons was or were
tion, shall be convicted as aforesaid, within the space of four months after his, her, or
discharged their conviction), be discharged from all penalties and disabilities incurred from Penalty, by such conviction; any thing in this Act contained to the contrary thereof &c. in any
[ No. LXXVIII.] 11 and 12 William III. c. 4.-An Act
for the further preventing the growth of Popery.
- [ No. LXXIX. ] 10 Anne, c. 2.-An Act for preserving P.
the Protestant Religion, by better securing the Church of England, as by Law established; and for confirming the Toleration granted to Protestant Dissenters by an Act, intituled, An Act for exempting their Majesty's Protestant Subjects, dissenting from the Church of England, from the Penalties of certain Laws, and for supplying the Defects thereof; and for the further securing the Protestant Succession, by requiring the Practisers of the Law in North Britain to take the Oaths, and subscribe the Declaration therein mentioned. WHEREAS an Act was made in the thirteenth year of the reign of 13 Car. 2. st. 2.
King Charles the Second, intituled, An Act for the well governing und c. 1.