No. LXXIX. 10 Anne, c. 2. regulating of Corporations; and another Act was made in the five and twentieth year of the reign of the said late King Charles the Second, 'intituled, An Act for the preventing Dangers which may happen from Popish Recusants; both which Acts were made for the security of the 'Church of England, as by Law established: Now for the better securing the said Church, and quieting the minds of her Majesty's Protestant Subjects dissenting from the Church of England, and rendering them se'cure in the exercise of their religious worship, as also for the further strengthening the provision already made for the security of the Succestion, by 5 Geo.‹sion to the Crown in the House of Hanover; Be it enacted, &c. 1. c. 4. § 1. 25 Car. 2. c. 2. This Act repealed to the seventh Sec The Toleration granted to Protestant Dissenters by 1 W. & M. st. 1. c. 18. confirmed. "After 25 March 1712. If any Officer, Civil or Military, &c. who receives 66 VII. And it is hereby further enacted and declared by the authority aforesaid, That the Toleration granted to the Protestant Dissenters, by the Act made in the first year of the reign of King William and Queen Mary, intituled, An Act for exempting their Majesties' Protestant Subjects, dissenting from the Church of England, from the Penalties of certain Laws, shall be and is hereby ratified and confirmed, and that the same Act shall at all times be inviolably observed for the exempting of such Protestant Dissenters as are thereby intended, from the pains and penalties therein mentioned. (1) The repressing occasional Conformity, as provided for by the repealed Sections of this Act, was the subject of very considerable controversy during the whole reign of Queen Anne. A Bill for the purpose was brought in in the first year of the reign. With reference to the Bill and a conference upon it between the Houses, some arguments had been advanced in the case of Harrison and Evans upon which Lord Chief Justice Wilmot observed, that both the Bill and the conference proceeded from a factious party spirit in both Houses, where questions were started and tossed about from one side to the other without considering the relevancy of them, but only how far they could annoy and perplex one another.-Reports, 159. A similar Bill passed the Commons in 1705, but was rejected by the Lords, upon a debate which the Queen went to hear. The Statute 10 Anne passed both houses without opposition; and in those days, "Great reflections were made on the fate of this Bill which had formerly been so much contested, and was so often rejected by the Lords, and now went through both Houses in 6 so silent a manner, without the least opposition. Some of the Dissenters complained much that they were thus forsaken by their friends, to whom they had trusted, and the Court had agents among them to inflame their resentments, since they were sacrificed by those on whom they depended. All the excuse that the Whigs made for their easiness in the matter was, that they gave way to it, to try how far the yielding it might go towards quieting the fears of those who seemed to think the Church was still in danger till that Act passed; and thereby to engage these to concur with them in those important matters that might come before them. It must be left to time to shew what good effect this Act may have on the Church, or what bad ones it may have on Dissenters." (2 Burnet, 586.) The Statute 5 George I. c. 4. which repealed these Provisions, contains the Enactment against any mayor or other magistrate attending any meeting, other than of the Established Church, in the gown or other peculiar habit, or attended with the ensigns of office; and the Act has therefore been already in serted under the title Corporations, VIII. And for the rendering the said last-mentioned Act more effectual, No.LXXIX. according to the true intent and meaning thereof;' Be it further enacted c. 2. and declared by the authority aforesaid, That if any Person dissenting 10 Anne, from the Church of England (not in Holy Orders, or pretended Holy Orders, or pretending to Holy Orders, nor any Preacher or Teacher of any Congregation) who should have been intitled to the benefit of the said If any Dissenlast-mentioned Act, if such Person had duly taken, made, and subscribed ter (not in the Oaths and Declaration, or otherwise qualified him or herself, as re- Holy Orders, quired by the said Act, and now is or shall be prosecuted upon or by virtue &c.) who of any of the penal Statutes, from which Protestant Dissenters are ex- would have empted by the said Act, shall at any time during such prosecution, take, been entitled make, and subscribe the said Oaths and Declaration, or being of the people to the benefit called Quakers, shall make and subscribe the aforesaid Declaration, and of thatAct,&c. also the Declaration of Fidelity, and subscribe the profession of their Christian belief, according to the said Act, or before any two of her Majesty's Justices of the Peace (who are hereby required to take and return the same to the next Quarter-Sessions of the Peace, to be there recorded), such Person shall be, and is hereby entitled to the benefit of the said Act, as fully and effectually as if such Person had duly qualified himself within the time prescribed by the said Act, and shall be thenceforth exempted and discharged from all the Penalties and Forfeitures incurred by force of any the aforesaid penal Statutes. shall be prosecuted, and shall, during such prosecution, take the Oaths, &e. he shall be entitled to the Benefit of the said Act. 'IX. And whereas it is or may be doubted whether a Preacher or Teacher of any Congregation of Dissenting Protestants, duly in all respects qualified according to the said Act, be allowed, by virtue of the said Act, to officiate in any Congregation in any County, other than that ' in which he so qualified himself, although in a Congregation or Place of Meeting duly certified and registered as is required by the said Act;' Be it declared and enacted by the authority aforesaid, That any such Preacher A Dissenting or Teacher so duly qualified according to the said Act, shall be and is Teacher qualihereby allowed to officiate in any Congregation, although the same be not in fied according the County wherein he was so qualified; provided that the said Congrega- to the said Act, tion or Place of Meeting hath been, before such officiating, duly certified may officiate in any other and registered or recorded according to the said Act: And such Preacher County than or Teacher shall, if required, produce a certificate of his having so quali- where he was fied himself, under the hand of the Clerk of the Peace for the county or qualified. place where he so qualified himself, which certificate such Clerk of the Peace is hereby required to make; and shall also before any Justice of the Peace of such county or place where he shall so officiate, make, and subscribe such Declaration, and take such Oaths as are mentioned in the said Act, if thereunto required. AllAdvocates, &c.in Scotland X. And be it further enacted by the authority aforesaid, That on or before the fifteenth day of June next all Advocates, Writers to the Signet, shall take the Notaries Public, and other Members of the College of Justice, within that Oath appointpart of her Majesty's Kingdom of Great Britain called Scotland, shall be ed by 6 Anne, and are hereby obliged to take and subscribe the Oath appointed by the c. 14. Act of the sixth year of her Majesty's reign, intituled, An Act for the better Farther Provisecurity of her Majesty's Person and Government, before the Lords of sions relating Session of the aforesaid part of her Majesty's Kingdom; except such of hereto,10 Ann. the said Persons who have already taken the same: And if any of the c. 32. § 2. Persons aforesaid do or shall neglect or refuse to take and subscribe the Refusing, &c. shall be judged said Oath, as aforesaid, such Person shall be ipso facto adjudged incapable, uncapable to and disabled in Law, to have, enjoy, or exercise in any manner his said em- exercise his ployment or practice. Employment. XI. And be it further enacted by the authority aforesaid, That in all None shall be time coming no Person or Persons shall be admitted to the employment of admitted to Advocate, Writer to the Signet, Notary Public, or any Office belonging to the Employthe said College of Justice, until he or they have taken and subscribed the ment of Advoaforesaid Oath, in manner as is above directed. cate, &c. till he hath taken the said Oath. No. LXXX. [No. LXXX. ] 1 George I. stat. 2 c. 55.-An Act to oblige Papists to register their Names and Real Estates. 1 George I. st. 2. c. 55. [No. LXXXI.] 3 George I. c. 18.-An Act for explaining an Act passed the last Session of Parliament, intituled, An Act to oblige Papists to register their Names and real Estates; and for enlarging the Time of such registring; and for securing Purchases made by Protestants. [ No. LXXXII.] 5 George I. c. 4.-An Act for strength- [ No. LXXXIII.] 5 George I. c. 6.—An Act for quieting and establishing Corporations. [Inserted Part I. Class V. No. 8.] [ No. LXXXIV. ] 8 George I. c. 6.—An Act for granting the People called Quakers, such Forms of Affirmation or Declaration as may remove the Difficulties which many of them lie under. [No. LXXXV.] 9 George I. c. 18.-An Act for granting an Aid to his Majesty by laying a Tax upon Papists, and for making such other Persons, as upon due Summons shall refuse or neglect to take the Oaths therein mentioned, to contribute towards the said Tax, for reimbursing to the Public part of the great expenses occasioned by the late Conspiracies; and for discharging the Estates of Papists from the two third Parts of the Rents and Profits thereof for one Year, and all Arrears of the same, and from such Forfeitures as are therein more particularly described.* *This is the latest Provision of a penal or restrictive nature in respect of religious opinions. The subsequent Provisions are (with the exception of the Repeal of the Jew Bill) entirely measures of relaxation. [ No. LXXXVI. ] 26 George II c. 26.-An Act to permit Persons professing the Jewish Religion to be naturalized by Parliament; and for other Purposes therein mentioned. REP. by 27 Geo. 2. c. 1. [ No. LXXXVII. ] 27 George II. c. 1.-An Act to repeal an Act of the twenty-sixth Year of his Majesty's Reign, intituled, An Act to permit Persons professing the Jewish Religion to be naturalized by Parliament; and for other Purposes therein mentioned. No. LXXXVII. 27 Geo. II. c. 1. [ No. LXXXVIII.] 18 George III. c. 60.-An Act for relieving his Majesty's Subjects professing the Popish Religion from certain Penalties and Disabilities imposed on them by an Act made in the eleventh and twelfth Years of the Reign of King William the Third, intituled, An Act for the further preventing the Growth of Popery.* WHEREAS it is expedient to repeal certain Provisions in an Act of the 11 & 12 Wm. eleventh and twelfth years of the reign of King William the Third, 3. c. 4. 'intituled, An Act for the further preventing the Growth of Popery, whereby 'certain Penalties and Disabilities are imposed on Persons professing the 'Popish Religion:' may it please your Majesty that it may be enacted; and be it enacted by the King's most excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, That so much of the said Act as relates to the apprehending, taking, or Certain prosecuting, of Popish Bishops, Priests, or Jesuits; and also so much of the Clauses in the said Act as subjects Popish Bishops, Priests, or Jesuits, and Papists, or said Act. Persons professing the Popish Religion, and keeping school, or taking upon themselves the education or government or boarding of youth, within this Realm, or the Dominions thereto belonging, to perpetual imprisonment; and also so much of the said Act as disables Persons educated in the Popish Religion or professing the same, under the circumstances therein mentioned, to inherit or take by descent, devise, or limitation, in possession, reversion, or remainder, any lands, tenements, or hereditaments, within the Kingdom of England, Dominion of Wales, and Town of Berwick upon Tweed, and gives to the next of kin, being a Protestant, a right to have and enjoy such lands, tenements, and hereditaments; and also so much of the said Act as disables Papists or Persons professing the Popish Religion, to purchase any manors, lands, profits out of lands, tenements, rents, terms, or hereditaments, within the Kingdom of England, Dominion of Wales, and Town of Berwick upon Tweed, and makes void all and singular estates, terms, and other interests or profits whatsoever out of lands, to be made, suffered, or done, from and after the day therein mentioned, to or for the use or behoof of any such Person or Persons, or upon any trust or confidence, mediately or immediately, for the relief of any such Person or Persons; shall be, and the same, and every clause and matter and thing repealed. herein-before mentioned, is and are hereby repealed. II. And be it enacted by the authority aforesaid, That every Person and Persons claimPersons having or claiming any lands, tenements, or hereditaments, under ing Lands, &c titles not hitherto litigated, though derived from any descent, devise, under Titles limitation, or purchase, shall have, take, hold, and enjoy the same, as if not litigated, the said Act, or any thing therein contained, had not been made; any thing shall hold the in the said Act contained to the contrary notwithstanding. III. Provided always, and be it enacted, That nothing herein contained shall extend, or be construed to affect any action or suit now depending, which shall be prosecuted with effect, and without delay. IV. Provided also, That nothing herein contained shall extend, or be construed to extend, to any Person or Persons but such who shall, within the space of six calendar months after the passing of this Act, or of accruing of his, her, or their title, being of the age of twenty-one years, or who, being under the age of twenty-one years, shall, within six months * This is the Act which occasioned the Riots of 1780. same. No. after he or she shall attain the age of twenty-one years, or being of unLXXXVIII. sound mind, or in prison, or beyond the seas, then within six months after such disability removed, take and subscribe an Oath in the words fol 18 Geo. III. lowing: c. 60. I A. B. do sincerely promise and swear, That I will be faithful and bear true allegiance to his Majesty 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, or dignity; and I 'will do my utmost endeavour to disclose and make known to his Majesty, his heirs, and successors, all treasons and traitorous conspiracies which may be formed against him or them; and I do faithfully 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, 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 an unchristian and impious position, that it is lawful to murder 'or destroy any Person or Persons whatsoever, for or under pretence of 'their being heretics; and also that unchristian and impious principle, that no faith is to be kept with heretics: 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 au 'thority of the See of Rome, or by any authority whatsoever, may be de'posed or murdered by their Subjects, or any Person whatsoever: 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 ought 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, profess, testify, and declare, That I do make this declaration, and every part thereof, in the plain and ordinary 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 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 any other Persons or authority whatsoever, shall dispense with or annul the same, or declare that it was null or void.' Which it shall be competent to his Majesty's High Court of Chancery, or to any of his Majesty's Courts of Record at Westminster, the Courts of Great Sessions within the Principality of Wales and County Palatine of Chester, the Courts of Chancery or Common Pleas within the Counties Palatine of Lancaster and Durham, or to any Court of General or Quarter-Sessions of the Peace of any County, Riding, Liberty, City, Borough, Town, or Place, in the Kingdom of England, or in the Principality of Wales, to administer, and they are hereby required to administer the same accordingly: Of the taking and subscribing of which Oaths a register shall be kept and preserved, in the manner prescribed by the Laws now in being requiring Oaths from Persons taking Offices or Employments. V. Provided always, and it is hereby enacted and declared, That nothing in this Act contained shall extend, or be construed to extend, to any Popish Bishop, Priest, Jesuit, or Schoolmaster, who shall not have taken and subscribed the above Oath in the above words before he shall have been apprehended or any Prosecution commenced against him. |