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c. 32.

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No. XCI. against Jesuits, Seminary Priests, Recusants, &c.; an Act passed in the 31 Geo. III.

* third year of the reign of his said late Majesty King James the First, in

tituled, An Act for the better discovering and repressing Popish Recusants ;

an Act passed in the said third year of his said late Majesty King James

• the First, intituled, An Act to prevent and avoid Dungers which may grow 3 Jac. 1 c.4.; by Popish Recusants; and an Act passed in the seventh year of the reign 3 Jac. 1. c.5.; of his said late Majesty King James the First, intituled, An Act for admi7 Jac. 1. c.6.

nistering the Oath of Allegiance and Reformation in married Women, Rerecited. cusants; all persons are required to resort to their Parish Church or

Chapel, or some usual place where the Common Prayer shall be used,

upon the pain of incurring the Punishments and Disabilities in the said • Acts respectively mentioned; and also are liable to Prosecution and • Penalties for keeping or having in their Houses any Servant or other

person not so resorting: Now be it further enacted, That from and after

the said twenty-fourth day of June one thousand seven hundred and No Roman

ninety-one, no person professing the Roman Catholick Religion, who shall Catholick who take and subscribe the Oath hereinbefore appointed to be taken and subshall have

scribed, shall be convicted or prosecuted upon, or shall be liable to be taken the Oath prosecuted upon, the said last recited Statutes, or any of them, or upon appointed, to any other Statute, or any other Law of this Realm, by Indictment, Inbe prosecuted formation, Action of Debt or otherwise, or shall be prosecuted in any for not resort. Ecclesiastical Court, for not resorting or repairing to his or her Parish ing to some Church or Chapel, or some other usual place of Common Prayer, to hear Parish Church, Divine Service, and join in public Worship, according to the Forms and &c,

Rites of the Church of England, as by Law established, or for keeping or having any servant or other person, being a Papist, or reputed Papist, or person professing the Popish Religion, who shall not so resort or repair to his or her Parish Church or Chapel, or some such other usual place of

Common Prayer, as aforesaid. 23 Eliz, c. 1.; • IV. And whereas, by several Acts, namely, the said Act passed in the

twenty-third year of the reign of her said late Majesty Queen Elizabeth ;

an Act passed in the twenty-seventh year of the reign of her said late 27 Eliz. c. 2.; Majesty, intituled, An Act against Jesuits, Seminary Priests, and other such 35 Eliz. c. 2.; ' like disobedient persons; the said Act passed in the thirty-fifth year of the

reign of her said late Majesty Queen Elizabeth; the said Act passed in 2 (vulgo 1) ' the first year of the reign of his said late Majesty King James the First; Jac. 1. C. 4.; " the said second mentioned Act, passed in the third year of the reign of S Jac. 1. c.5.; • his said late Majesty King James the First; and Act passed in the third 3 Car. 1. c. 2. year of the reign of his late Majesty King Charles the First, intituled, An and

Act to restrain the passing of any to be popishly bred beyond the Seas; and

an Act passed in the twenty-fifth year of the reign of his late Majesty 25 Car. 2. c. 2. · King Charles the Second, intituled, An Act for preventing Dangers which recited.

may happen from Popish Recusants; Papists, reputed Papists, persons • professing or educated in the Popish Religion, Popish Recusants, Popish • Recusants Convict, persons reconciled to or holding Communion with • the See of Rome, Popish Bishops, Priests, or Deacons, persons entering

or belonging to any Ecclesiastical Order or Community of the Church • of Rome, persons hearing or saying Mass, or being present at, or con• forming to, or performing or observing any Rite, Ceremony, Practice, or • Observance of the Church of Rome, or maintaining or assisting others

therein, are made subject to the Punishments, Penalties, and Disabilities No Person ' therein mentioned: Now be it further enacted, That from and after who shall have the said twenty-fourth day of June one thousand seven hundred and taken the ap- ninety-one, no person who shall take and subscribe the Oath hereinbefore pointed Oath appointed to be taken and subscribed in manner hereby required, shall be prosecutable presented, indicted, sued, impeached, prosecuted, or convicted, in any

or being a Civil or Ecclesiastical Court of this Realm, for being a Papist, or reputed Papist, &c.

Papist, or for professing or being educated in the Popish Religion, or for hearing or saying Mass, or for being a Priest or Deacon, or entering or belonging to any Ecclesiastical Order or Community of the Church of Rome, or for being present at, or performing or observing any Rite, Cere.

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c. 32.

mony, Practice or Observance of the Popish Religion, or maintaining or No. XCI. assisting others therein.

V. Provided always, and be it further enacted, That no Place of Con- 31 Geo. III. gregation, or Assembly for Religious Worship, shall be permitted or allowed by this Act, until the place of such Meeting shall be certified to the Justices of the Peace, at the General or Quarter-Sessions of the Peace No Assembly for the County, City, or Place in which such Meeting shall be held, and for religious until the Place of such Meeting shall be recorded at the said General or Worship alQuarter-Sessions; the Clerk of the Peace whereof is hereby required to lowed under record the same, and to give a Certificate thereof to such person as shall this Act, till demand the same, for which there shall be no greater Fee or Reward it shall be cer

tified to the taken than the sum of six-pence; and that no person in holy Orders, or

Quarterpretended holy Orders, whether as Priest, or as a Minister of any other Sessions, &c. ; higher rank or order, shall perform any Ecclesiastical function, or other

nor any person wise officiate in any such Place of Meeting, until his name, and his de

to perform any scription, as a Priest or Minister, shall have been recorded at the Quarter Ecclesiastical or other General Session of the Peace for the County, or other Division Functions or Place, in which such place of Meeting shall be situate, by the Clerk of therein, until the Peace of the said Court; who is hereby required to record such name his Name, &c. and description accordingly, upon demand by such person, and upon pay, be recorded by anent of six-pence as a Fee or Reward, and shall give a Certificate thereof the Clerk of to such person as shall from time to time demand the same, for which the Peace. Certificate no greater Fee or Reward shall be taken than two shillings; and no Priest or Minister of any rank, in holy Orders, or pretended holy Orders, who shall officiate in any such place of Meeting, not so recorded as aforesaid, shall be deemed to be within the Benefit of this Act, for any purpose whatsoever.

VI. Provided always, and be it further enacted, That if any Assembly of No such Place Persons professing the Roman Catholick Religion shall be had in any place of Assembly to for religious worship, with the doors locked, barred, or bolted during any be locked durtime of such Meeting together, all and every person and persons, who shall ing the Meetcome to or be at such Meeting, shall not receive any benefit from this ing. Law; but, notwithstanding having taken the aforesaid Oath of Allegiance, Abjuration, and Declaration, shall

, from the time of Conviction, be liable to the same pains and penalties, for such their Meeting, as if this Act had not been made.

VII. And be it further enacted, That if any person professing the Roman Roman CaCatholick Religion shall hereafter be chosen or otherwise appointed to tholicks may bear the office of High Constable or Petty Constable, Churchwarden, execute the Overseer of the Poor, or any other Parochial or Ward Office, and such office of Con. person shall scruple to take upon him any of the said Offices, in regard of stable, &c. by the Oaths or any other matter or thing required by the Law to be taken Deputy. or done in respect of such Office, every such person shall and may execute such Office or Employment by a sufficient Deputy by him to be provided, that shall comply with the Laws in this Behalf; but the said Deputy shall be allowed and approved by such person or persons, in such manner as such Officer or Officers respectively should by Law have been allowed and approved.

VIII. And be it further enacted, That every Priest, or other person in Ministers of holy Orders, or pretended holy Orders, being a Minister, Teacher, or any Roman Preacher of any Congregation of persons professing the Roman Catholick Catholick ConReligion, who shall take and subscribe the aforesaid Oath of Allegiance, gregation who

shall take the Abjuration, and Declaration, in manner hereinbefore prescribed, shall from

aforesaid Oath thenceforth be exempted from serving upon any Jury, or from being chosen or appointed to bear the Office of Churchwarden, Overseer of the from serving

exempted Poor, or any other Parochial or Ward Office, or other Office, in any

Hun

on Juries, &c. dred of any Shire, City, Town, Parish, Division, or Wapentake.

IX. Provided always, and be it further enacted, That all the Laws made Laws for freand provided for the frequenting of Divine Service on the Lord's Day, quenting of commonly called Sunday, shall be still in force, and executed against all Divine Service persons who shall offend against the said Laws, unless such person shall to continue in VOL. V.

forcé, E

c. 32.

persons dis

case; ;

No. XCI. come to some Congregation or Assembly of religious Worship permitted 31 Geo. III.

by this Act, or by an Act passed in the first year of the reign of King William and Queen Mary, intituled, An Act for exempting their Majesties' Protestant Subjects, dissenting from thc Church of England, from the Pe

nalties of certain Laws. Penalty on X. And be it further enacted, That if any person or persons do and

shall, willingly and of purpose, maliciously or contemptuously come into turbing Con

any place of Congregation, or Assembly of religious Worship, permitted by gregations, or this Act, and disquiet or disturb the same, or misuse any Priest, Minister, misusing

Preacher, or Teacher therein, such person or persons, upon proof thereof Priests.

before any Justice of the Peace, by two or more sufficient Witnesses, shall find two Šureties of the Peace, to be bound, by Recognizance, in the penal sum of Fifty Pounds, and, in default of such Šureties, shall be committed to Prison, there to remain till the next General or Quarter-Session, and, upon Conviction of the said Offence, at the said General or QuarterSession, shall suffer the pain and penalty of Twenty Pounds, to the use of

the King's Majesty, his Heirs and Successors. Act not to ex- XI. Provided always, and be it further enacted, That no Benefit in this tend to Ro

Act contained shall extend, or be construed to extend to any Roman man Catholick Catholick Ecclesiastick permitted by this Act, who shall officiate in any Ecclesiasticks place of Congregation or

Assembly for religious Worship permitted by this in certain

Act, with a Steeple and Bell, or at any Funeral in any Church or Churchyard, or who shall exercise any of the Rites or Ceremonies of his Religion, or wear the Habits of his Order, save within some place of Congregation, or Assembly for religious Worship permitted by this Act, or in a private House, where there shall not be more than five persons assembled, besides those of the Household, or who shall not previously to his so officiating or exercising his Functions as aforesaid, have taken and subscribed the Oath of Allegiance, Abjuration, and Declaration hereby appointed to be taken

as aforesaid. nor to exempt XII. Provided also, and be it further enacted, That nothing herein conRoman Ca.

tained shall be construed to exempt any such person professing the Roman tholicks from Catholick Religion, from paying Tithes or other Parochial Duties, or any payingTythes, other duties to the Church or Minister, or from any

Prosecution in any &c.; nor to repeal any part

Ecclesiastical Court, or elsewhere, for the same; or to repeal any part of of 26 Geo. 2.

the Act made in the twenty-sixth year of the reign of his late Majesty c. 33. &c. King George the Second, intituled, An Act for the better preventing of

Clandestine Marriages, or any parts of any other Statutes concerning Marriages; or to give any Ease, Benefit, or Advantage to any person who shall, by Preaching, Teaching, or Writing, deny or gainsay the Oath of Allegiance, Abjuration, and Declaration, hereinbefore mentioned and appointed to be taken as aforesaid, or the Declarations or Doctrines therein contained, or any of them; or to repeal or affect any law now in force concerning the Right or Succession to, or the Limitation of, the

Crown. No Roman

XIII. And be it further enacted, by the Authority aforesaid, That no Catholick who Ecclesiastick or other person professing the Roman Catholick Religion, shall take the who shall take and subscribe the Oath of Allegiance, Abjuration, and Deappointed

claration hereinbefore mentioned and appointed to be taken and subcutable for

scribed as aforesaid, shall be prosecuted in any Court whatsoever, for teaching

teaching and instructing Youth, as a Tutor or Schoolmaster, any Law or Youth;

Statute to the contrary notwithstanding. but no Roman XIV. Provided always, That no person professing the Roman Catholick Catholick to Religion shall obtain or hold the Mastership of any College or School of hold the Mas- Royal Foundation, or of any other endowed College or School for the tership of any Education of Youth, or shall keep a School in either of the Universities of College or Oxford and Cambridge. School of

XV. Provided also, and be it further enacted by the Authority aforeRoyal Found- said, That no Schoolmaster professing the Roman Catholick Religion ation, &c.

shall receive into his School, for Education, the child of any Protestant No Roman Ca. Father. Iholick Schoolmaster to educate in his school any child of a Protestant Father ;

Oath prose

c. 32.

XVI. Provided also, and be it further enacted, by the Authority afore- No. XCI. said, That no person professing the Roman Catholick Religion shall be

31 Geo. III. permitted to keep a School for the Education of Youth, until his or her name and description as a Roman Catholick School-master or Schoolmistress shall have been recorded at the Quarter or General Session of the Peace for the County or other Division or Place where such School nor to keep a shall be situated, by the Clerk of the Peace of the said Court, who is School until hereby required to record such name and description accordingly, upon

his Name, &c.

shall have been demand by such person, and to give a Certificate thereof to such person as

recorded by shall at any time demand the same; and no person offending in the pre- the Clerk of mises shall receive any benefit of this Act.

the Peace. XVII. Provided also, and be it further enacted, That nothing in this Act contained shall make it lawful to found, endow, or establish any Order, &c. to

No religious religious Order or Society of persons bound by monastic or religious Vows, be founded by or to found, endow, or establish any School, Academy, or College, by Roman Capersons professing the Roman Catholick Religion, within these realms, or tholicks, &c. the dominions thereunto belonging ; and that all Uses, Trusts, and Dispositions, whether of real or personal property, which immediately before the said twenty-fourth day of June one thousand seven hundred and ninetyone, shall be deemed to be superstitious or unlawful, shall continue to be so deemed and taken, any thing in this Act contained notwithstanding. · XVIII. And whereas by an Act made in the first year of the reign of 1 Eliz. c. 1. her late Majesty Queen Elizabeth, intituled, An Act to restore to the Crown the ancient Jurisdiction over the Estate, Ecclesiastical and Spiritual, ' and abolishing all Foreign Powers repugnant to the same, the persons " therein mentioned were made compellable to take the Oath therein mentioned, commonly called The Oath of Supremacy: And whereas by

an Act made in the third year of the reign of his late Majesty King James 'the First, intituled, An Act for the better discovering and repressing Jac. 1. c. 4.

Popish Recusants, another Oath, commonly called The Oath of Allegiance or Obedience, was required to be taken by the persons therein men' tioned: And whereas by an Act made in the first Session of the first

year of the reign of King William and Queen Mary, intituled, An Act 1 Gul. & Mar.
for the abrogating the Oaths of Supremacy and Allegiance, and appointing sess. 1. c.8.
other Oaths, the said Oaths, so required by the said Acts of the first of
Elizabeth and the third of James the First, were abrogated, and a new
Oath of Allegiance, and a new Oath of Supremacy, were introduced and
required to be taken: And whereas by an Act made in the second Session
of the first year of the reign of his late Majesty King George the First, 1 Geo. 1.

intituled, Xn Act for the further Security of his Majesty's Person and sess. 2.c.13. * Government, and the Succession of the Crown in the Heirs of the late Prin

cess Sophia, being Protestants ; and for extinguishing the hopes of the pre-
tended Prince of Wales, and his open and secret Abettors, amongst other

Oaths thereby appointed to be taken, one is an Oath of Supremacy, in ** the same words as the Oath of Supremacy required by the said recited No Person to

Act of the first Session of the first year of King William and Queen be summoned
Mary: And whereas, under the provisions of the said two last recited to take the

Acts, persons in general are liable to have the Oath of Supremacy therein Oath required * mentioned tendered to them, and are exposed to penalties for not taking by 1 Gul. & ' such Oath when tendered, as is required by the said two last recited Mar. sess. 1:

Acts respectively: And whereas by the said "Act passed in the twenty- c.8.; or the ' fifth year of the reign of his said Majesty King Charles the Second, there

required by * is contained a Declaration, commonly called The Declaration against 25 Car. 2. c. 2.; Transubstantiation;' be it further enacted, That from and after the said

Gul. & twenty-fourth day of June one thousand seven hundred and ninety-one, no

Mar. sess, 1. person shall be summoned to take the Oath and make the Declaration

c. 9. to extend above mentioned, or be prosecuted for not obeying su Summons.

to Roman Ca. XIX. And be it also enacted, That from and after the said twenty-fourth tholicks who day of June one thousand seven hundred and ninety-one, the Act passed have taken the in the first year of the reign of their Majesties King William and Queen appointed Mary, intituled, An Act for the removing Papists, and reputed Papists, from Oath ;

Key

nor

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No, XCI. the Cities of London and Westminster, shall not extend, or be deemed,

taken, or construed to extend, to any person professing the Roman 31 Geo. III. Catholick Religion, who shall take and subscribe the Oath of Allegiance, c. 32.

Abjuration, and Declaration hereinbefore appointed to be taken and

subscribed. 13 Car. 9. stat.

• XX. And whereas by a Clause in an Act passed in the thirteenth year 2. clause 5,

' of the reign of King Charles the Second, intituled, An Act for the more recited.

effectual preserving the King's Person and Government, by disabling Papists

from sitting in either House of Parliament, it was enacted, That amongst ' other persons therein described, every Peer of the Realm of England, " and Member of the House of Peers, and every Peer of the Kingdom of Scotland, or of the Kingdom of Ireland, being of the age of one-and

twenty years or upwards, not having taken the Oaths and Declaration • therein mentioned, and who should come advisedly into or remain in the

presence of the King's Majesty or Queen's Majesty, or should come into • the Court or House where they or any of them reside, as well during the ' reign of his then Majesty, as during the reigns of any his Royal Succes

sors, Kings or Queens of England, should incur all the Pains, Penalties, • Forfeitures, and Disabilities in the said Act mentioned or contained, ' unless such Peer should, in the next Term after such his coming or

remaining, take the said Oaths, and make and subscribe the said Declaraand no Peer • tion in his Majesty's High Court of Chancery, between the

hours of nine who shall have

' and twelve in the Forenoon: Now be it further enacted, That from and taken the ap

after the said twenty-fourth day of June one thousand seven hundred and pointed Oath ninety-one, no Peer of Great Britain or Ireland, or Member of the House to be liable to of Peers of Great Britain, or of the Kingdom of Ireland, professing the Prosecution Roman Catholick Religion, who shall take and subscribe the Oath of Alleunder thatAct. giance, Abjuration, and Declaration, hereinbefore appointed to be taken

and subscribed, shall be liable to be prosecuted for such Offence, in the said recited Act of the

thirteenth year of King Charles the Second, or be liable to any of the Pains, Penalties, Forfeitures, and Disabilities, for

Breach of the Provision in the said Clause contained, or be otherwise 1 Geo. 1. sess.

deemed to fall within, or be affected by, any part of the said Provision. 2. c. 55, and

• XXI. And whereas by an Act passed in the second Session of the first year of the reign of his fate Majesty King George the First, intituled, An Act to oblige Papists to register their Names and real Estates, all and every such person

and persons as therein are described, are, in default of taking, within the time thereby recited, the several Oaths of Allegiance, • Supremacy, and Abjuration, required by the said Act passed in the first • Session of the first year of the reign of his said late Majesty King George the

First, hereinbefore recited, and of repeating and subscribing the Declara* tion against Transubstantiation and Popery, expressed in and required by ' the said Act passed in the second Session of the thirteenth year of the

reign of King Charles the Second, required to register their Names, and also

their Lands, Tenements, and Hereditaments, in manner and under the Pe

• nalties in the said now reciting Statute mentioned and expressed: And 3 Geo. 1. C. 18. whereas, by an Act passed in the third year of the reign of his said Marecited, jesty King George the First, intituled, An Act for explaining an Act passed

in 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 registering, and for securing purchases made by Protestants; and by other subsequent Acts, it is enacted, That no Manors, Lands, or any interest therein, or rent or profit thereout, shall pass, alter, or change from any Papist, or person professing the Popish religion, by any Deed or Will, except such Deed within six

months after the date, and such Will within "six months after the death of the Testator, be inrolled in one of the

King's Courts of Record at Westminster, or within the County wherein and repealed; " the Manors or Lands do lie: Now be it further enacted, That the said

two last recited Acts, passed in the first and third years of the reign of his said Majesty King George the First, and also such parts of all other Acts as require the Registry of the Names and Estates of persons being Papists,

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