« PreviousContinue »
No. XCIII. pounds, nor less than forty shillings, at the discretion of the Justices con52 Geo. III. victing for such offence.
XII. And be it further enacted, That if any Person or Persons, at any c. 155.
time after the passing of this Act, do and shall wilfully and maliciously or Disturbing Re
contemptuously disquiet or disturb any Meeting, Assembly, or Congrega
tion of Persons assembled for religious worship, permitted or authorized ligious Assem blies.
by this Act, or any former Act or Acts of Parliament, or shall in any way disturb, molest, or misuse any Preacher, Teacher, or Person officiating at such Meeting, Assembly, or Congregation, or any Person or Persons there assembled, such Person or Persons so offending, upon proof thereof before any Justice of the Peace by two or more credible witnesses, shall find two
sureties to be bound by recognizances in the penal sum of fifty pounds to Recoguizance.
answer for such Offence, 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 QuarterPenalty. Sessions, shall suffer the pain and penalty of forty pounds. (1) Proviso for
XIII. Provided always, and be it further enacted, That nothing in this Ecclesiastical Act contained, shall affect or be construed to affect the celebration of Jurisdiction of Divine Service according to the rites and ceremonies of the United Church the Church. of England and Ireland, by ministers of the said Church, in any place
hitherto used for such purpose, or being now or hereafter duly consecrated or licensed by any Archbishop or Bishop or other Person lawfully authorized to consecrate or license the same, or to affect the jurisdiction of the Archbishops or Bishops or other Persons exercising lawful authority in the Church of the United Kingdom over the said Church, according to the rules and discipline of the same, and to the Laws and Statutes of the Realm; but such jurisdiction shall remain and continue as if this Act had
not passed. Act not to ex- XIV. Provided also, and be it further enacted, That nothing in this Act tend to Qua- contained shall extend or be construed to extend to the people usually kers.
called Quakers, nor to any Meetings or Assemblies for religious worship held or convened by such Persons; or in any manner to alter or repeal or affect any Act, other than and except the Acts passed in the reign of King Charles the Second hereinbefore repealed, relating to the people called Quakers, or relating to any Assemblies or Meetings for religious worship
held by them. Offenders con- XV. And be it further enacted, That every Person guilty of any offence, victed before for which any pecuniary penalty or forfeiture is imposed by this Act, in
respect of which no special provision is made, shall and may be convicted Justices. thereof by information upon the oath of any one or more credible witness
or witnesses before any two or more Justices of the Peace acting in and
for the county, riding, city, or place wherein such offence shall be comForfeitures
mitted; and that all and every the pecuniary Penalties or Forfeitures levied by Dis- which shall be incurred or become payable for any offence or offences
against this Act, shall and may be levied by distress under the hand and seal or hands and seals of two Justices of the Peace for the county, riding, city, or place, in which any such offence or offences was or were committed, or where the Forfeiture or Forfeitures was or were incurred, and shall when levied be paid one moiety to the informer, and the other moiety to the poor of the parish in which the offence was committed; and in case of no sufficient distress whereby to levy the Penalties, or any or either of them imposed by this Act, it shall and may be lawful for any such Justices respectively before whom the Offender or Offenders shall be convicted, to
commit such Offender to prison for such time not exceeding three months, Imprisonment. as the said Justices in their discretion shall think fit.
two or more
(1) An indictment found at the Quarter- K. B. by certiorari before trial, Rex v. WadSessions upon this section, for disturbing a ley, 4 M. and S. 508. religious assembly, may be removed into
XVI. And be it further enacted, That in case any person or persons No. XCIII. who shall hereafter be convicted of any of the offences punishable by this 57 Geo. INI. Act, shall conceive bim her or themselves to be aggrieved by such con.
c. 155. viction, then and in every such case it shall and may be lawful for such person or persons respectively, and he she or they shall or may appeal to the general or quarter sessions of the peace holden next after such convic- Appeal after tion in and for the county, riding, city, or place, giving unto the justices General Quarbefore whom such conviction shall be made, notice in writing within eight ter Sessions. days after any such conviction, of his her or their intention to prefer such appeal; and the said justices in their said general or quarter sessions shall and may,
and they are hereby authorized and empowered to proceed to the hearing and determination of the matter of such appeal, and to make such order therein, and to award such costs to be paid by and to either party, not exceeding forty shillings, as they in their discretion shall-think fit.
XVII. And be it further enacted, That no penalty or forfeiture shall be Limitation of recoverable under this Act, unless the same shall be sued for, or the of- Prosecution. fence in respect of which the same is imposed is prosecuted before the justices of the peace or quarter sessions, within six months after the offence shall have been committed; and no person who shall suffer any imprisonment for non-payment of any penalty shall thereafter be liable to the payment of such penalty or forfeiture.
XVIII. And be it further enacted, That if any action or suit shall be Limitation of brought or commenced against any person or persons for any thing done Actions. in pursuance of this Act, that every such action or suit shall be commenced within three months next after the fact committed, and not afterwards, and shall be laid and brought in the county wherein the cause or alleged cause of action shall have accrued, and not elsewhere; and the defendant or defendants in such action or suit may plead the general issue, and give this Act and the special matter in evidence on any trial to be had thereupon, and that the same was done in pursuance and by authority of this Act; and if it shall appear so to be done, or if any such General Issue. action or suit shall be brought after the time so limited for bringing the same, or shall be brought in any other county city or place, that then and in such case the jury shall find for such defendant or defendants; and upon such verdict, or if the plaintiff or plaintiffs shall become nonsuited, or discontinue his her or their action or actions, or if a verdict shall pass against the plaintiff or plaintiffs, or if, upon demurrer, judgment shall be given against the plaintiff or plaintiffs, the defendant or defendants shall have and may recover treble costs, and have the like remedy for the same, as any defendant or defendants hath or have for costs of suit in other Treble Costs. cases by law.
XIX. And be it further enacted, That this Act shall be deemed and Public Act. taken to be a public Act, and shall be judicially taken notice of as such by all judges justices and others, without specially pleading the same,
[ No. XCIV.1 53 Geo. III. c, 160,-An Act to relieve
Persons who impugn the Doctrine of the Holy Trinity
from certain Penalties.—[21st July 1813.] WHEREAS, in the nineteenth year of his present Majesty an Act No. XCIV.
was passed, intituled, An Act for the further Relief of Protestant 53 Geo. III. ! Dissenting Ministers and Schoolmusters; and it is expedient to enact as
c. 160. . herein-after provided;' be it therefore further enacted by the King's most excellent Majesty, by and with the advice and consent of the Lords
19 G. 5. c. 44. Spiritual and Temporal, and Commons, in this present Parliament as
IW.& M. sess. sembled, and by the authority of the same, That so much of an Act
1. c. 18. s. 17. passed in the first year of the reign of King William and Queen Mary,
repealed. intituled, An Act for exempting his Majesty's Protestant Subjects dissenting from the Church of England, from the Penalties of certain Laws, as provides that that Act or any thing therein contained should not extend or be construed to extend to give any ease benefit or advantage to persons VOL. V.
No. XCIV. denying the Trinity as therein mentioned, be and the same is hereby 53 Geo. III. repealed. c. 160.
'II. And be it further enacted, That the provisions of another Act passed
in the ninth and tenth years of the reign of King William, intituled, An 9 & 10 W.3.
Act for the more effectuul suppressing Blasphemy and Profaneness, so far as c. 32. in part
the same relate to Persons denying us therein mentioned, respecting the Holy repealed.
Trinily, be and the same ure hereby repealed.
III. And whereas it is expedient to repeal an Act passed in the Par• liainent of Scullund, in the first Parliament of King Churles the Second,
intituied, An Act against the Crime of Blasphemy; and another Act,
• passed in the Parliament of Scotland, in the first Parliament of King Acts passed in William, intituled, An Act against Blasphemy; which Acts respectively Scotland
( ordain the punishment of death ;' be it therefore enacted, That the against Blas
said Acts and each of them shall be, and the same are, and is hereby pbemy repeal.
IV. And be it further enacted, That this Act shall be deemed and taken Public Acto
to be a public Act, and shall be judicially taken notice of as such by all judges justices and others, without being specially pleaded.
(No. XCV.) 10 George IV. c. 7.-An Act for the Relief of
His Majesty's Roman Catholic Subjects.—[13th April
1829.] No. XCV, WHEREAS by various Acts of Parliament certain restraints and 10 Geo. IV. disabilities are imposed on the Roman Catholic subjects of his c. 7.
Majesty, to which other subjects of his Majesty are not liable: And whereas it is expedient that such restraints and disabilities shall be from henceforth discontinued : And whereas by various Acts certain oaths and cer tain declarations commonly called the declaration against transubstantiation, and the declaration against transubstantiation and the invocation of saints and the sacrifice of the mass as practised in the church of Rome, are or may be required to be taken made and subscribed by the subjects of his Majesty, as qualifications for sitting and voting in Parliament, and for the enjoyment of certain offices franchises and civil
rights : 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 Acts relating assembled, and by the authority of the same, That from and after the to Declara- commencement of this Act all such parts of the said Acts as require the tions agaiost said declarations or either of them, to be made or subscribed by any of his Transubstan- Majesty's subjects, as a qualification for sitting and voting in Parliament, tiation, re
or for the exercise or enjoyment of any office franchise or civil right, pealed.
be and the same are (save as herein-after provided and excepted) hereby
repealed. Roman Catho. II. And be it enacted, That from and after the commencement of this Jics may sit Act it shall be lawful for any person professing the Roman Catholic reand vote in ligion, being a peer, or who shall after the commencement of this Act be Parliament on returned as a member of the House of Commons, to sit and vote in either taking the fol- House of Parliament respectively, being in all other respects duly qualified lowing Oath.
to sit and vote therein, upon taking and subscribing the following oath,
bear true allegiance to his Majesty King George the Fourth, and will • defend him to the utmost of my power against all conspiracies and at• tempts whatever, which 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 con• spiracies which may be form against him or them : And I do faith• fully promise to maintain support and defend to the utmost of my
power, the succession of the crown, which succession by an Act intitu• led An Act for the further Limitation of the Crown, and belter securing the • Rights and Liberties of the Subject, is and stands limited to the Princess • Sophiu, Electress of Hanover, and the heirs of her body, being Protes• tants; hereby utterly renouncing and abjuring any obedience or al• legiance unto any other person claiming or pretending a right to the
crown of this realm: And I do further declare, That it is not an article No. XCV.
of my faith, and that I do renounce reject and abjure the opinion that 10 Geo. IV. • princes excommunicated or deprived by the Pope, or any other authority
c. 7. • of the see of Rome, may be deposed or murdered by their subjects, or • by any person whatsoever : And I do declare, That I do not believe that • the Pope of Rome, or any other foreign prince, prelate, person, state, or
potentate, hath or ought to have any temporal or civil jurisdiction,
power, superiority, or pre-eminence, directly or indirectly, within this • realm. I do swear, That I will defend to the utmost of my power the • settlement of property within this realm, as established by the laws : • And I do hereby disclaim disavow and solemnly abjure any intention to • subvert the present church establishment as settled by law within this o realm: And I do solemnly swear, That I never will exercise any privi
lege to which I am or may become entitled, to disturb or weaken the • Protestant religion or Protestant Government in the United Kingdom: • 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 equivoca« tion or mental reservation whatsoever.
“So help me GOD.' III. And be it further enacted, That wherever, in the oath hereby ap- The Name of pointed and set forth, the name of his present Majesty is expressed or re- the Sovereign ferred to, the name of the sovereign of this kingdom for the time being, for the Time by virtue of the Act for the further limitation of the crown and better being to be securing the rights and liberties of the subject, shall be substituted from used in the
Oath. time to tiine, with proper words of reference thereto.
IV. Provided always and be it further enacted, That no peer professing No Roman the Ronian Catholic religion, and no person professing the Roman Catho- Catholic capalic religion who shall be returned a member of the House of Commons ble of sitting, after the commencement of this Act, shall be capable of sitting or voting or voting until
he has taken in either House of Parliament respectively, unless he shall first take and
the Oath. subscribe the oath herein-before appointed and set forth, before the same persons, at the same times and places, and in the same manner as the vaths and the declaration now required by law are respectively directed to be taken made and subscribed ; and that any such person professing the Roman Catholic religion, who shall sit or vote in either House of Parliament, without having first taken and subscribed in the manner aforesaid, the oath in this Act appointed and set forth, shall be subject to the same penalties forfeitures and disabilities, and the offence of so sitting or voting shall be followed and attended by and with the same consequences, as are by law enacted and provided in the case of persons sitting or voting in either House of Parliament respectively, without the taking making and subscribing the oaths and the declaration now required by law.
V. And be it further enacted, That it shall be lawful for persons pro- Roman Cathofessing the Roman Catholic religion to vote at elections of members to lics may vote serve in Parliament for England and for Ireland, and also to vote at the at Elections, elections of representative peers of Scotlund and of Ireland, and to be and be elected, elected such representative peers, being in all other respects duly qualified, upon taking upon taking and subscribing the oath herein-before appointed and set the Oath. forth, instead of the oaths of allegiance supremacy and abjuration, and instead of the declaration now by law required, and instead also of such other oath or oaths as are now by law required to be taken by any of his Majesty's subjects professing the Roman Catholic religion, and upon taking also such other oath or oaths as may now be lawfully tendered to any persons offering to vote at such elections.
VI. And be it further enacted, That the oath herein-before appointed Oath shall be and set forth shall be administered to his Majesty's subjects professing the administered Roman Catholic religion, for the purpose of enabling them to vote in any in the same of the cases aforesaid, in the same manner, at ihe same time, and by the Magner as same officers or other persons as the oaths for which it is hereby substitu- former Oaths. ted are or may be now by law administered ; and that in all cases in which a certificate of the taking making or subscribing of any of the oaths or of the declaration now required by law is directed to be given, a like certificate of the taking or subscribing of the oath hereby appointed and set
any Acts as
No. XCV. forth shall be given by the same officer or other person, and in the same 10 Geo. IV. manner as the certificate now required by law is directed to be given, and
shall be of the like force and effect. c. 7.
VII. And be it further enacted, That in all cases where the persons
now authorized by law to administer the oaths of allegiance supremacy Persons administering
and abjuration to persons voting at elections, are themselves required to Oaths ať Elec- take an oath previous to their administering such oaths, they shall in tions to take addition to the oath now by them taken, take an oath for the duly adan Oath duly ministering the oath hereby appointed and set forth, and for the duly to administer. granting certificates of the same. So much of
VIII. And whereas in an Act of the Parliament of Scotland made in the
eighth and ninth session of the first Parliament of King William the Third, require the
intituled An Act for the preventing the Growth of Popery, a certain declarFormula con- ation or formula is therein contained, which it is expedient should no tained in
longer be required to be taken and subscribed: Be it therefore enacted, 8 & 9 W. 3.
That such parts of any Acts as authorize the said declaration or formula tó c. 3. (S.) to
be tendered, or require the same to be taken sworn and subscribed shall be be tendered or and the same are hereby repealed, except as to such offices places and ed.
rights as are herein-after excepted; and that from and after the commenceRoman Catho- ment of this Act it shall be lawful for persons professing the Roman lics may elect Catholic religion to elect and be elected members to serve in Parliament and be elected for Scotland, and to be inrolled as freeholders in any shire or stewartry of Members for Scotland, and to be chosen commissioners or delegates for choosing burScotland. gesses to serve in Parliament for any districts of burghs in Scotland, being
in all other respects duly qualified, such persons always taking and subscribing the oath herein-before appointed and set forth, instead of the oaths of allegiance and abjuration as now required by law, at such time as the said last-mentioned oaths, or either of them, are now required by law
to be taken. No Roman IX. And be it further enacted, That no person in holy orders in the Catholic Priest church of Rome shall be capable of being elected to serve in Parliament to sit in the as a member of the House of Commons; and if any such person shall be House of
elected to serve in Parliament as aforesaid, such election shall be void ; Commons.
and if any person being elected to serve in Parliament as a member of the House of Commons, shall after his election, take or receive holy orders in the church of Rome, the seat of such person shall immediately become void ; and if any such person shall in any of the cases aforesaid, presume to sit or vote as a member of the House of Commons, he shall be subject to the same penalties forfeitures and disabilities as are enacted by an Act passed in the forty-first year of the reign of King George the Third, intituled An Act to remove doubts respecting the Eligibility of Persons in Holy Orders to sit in the House of Commons; and proof of the celebration of any religious service by such person, according to the rites of the church of Rome, shall be deemed and taken to be primâ facie evidence of the fact of such son being in holy orders, within the intent and meaning of this
Act. Roman Catho- X. And be it enacted, That it shall be lawful for any of his Majesty's lics may hold
subjects professing the Roman Catholic religion to hold exercise and enjoy Civil and Mili- all civil and military offices and places of trust or profit under his Majesty tary Offices under His
his heirs or successors, and to exercise any other franchise or civil right, Majesty, with except as herein-after excepted, upon taking and subscribing at the times certain Excep- and in the manner herein-after mentioned, the oath herein-before aptions.
pointed and set forth, instead of the oaths of allegiance supremacy and abjuration, and instead of such other oath or oaths as are or may be now by law required to be taken for the purpose aforesaid by any of his Ma
jesty's subjects professing the Roman Catholic religion. Not to exempt XI. Provided always, and be it enacted, That nothing herein contained Roman Catho- shall be construed to exempt any person professing the Roman Catholic lics from tak- religion from the necessity of taking any oath or oaths, or making any ing any other declaration, not herein-before mentioned, which are or may be by law reOaths re- quired to be taken or subscribed by any person on his admission into any quired. such office or place of trust or profit as aforesaid.