No. XCV. 10 Geo. IV. c. 7. Offices with XII. Provided also, and be it further enacted, That nothing herein contained shall extend or be construed to extend to enable any person or persons professing the Roman Catholic religion to hold or exercise the office of Guardians and Justices of the United Kingdom, or of Regent of the United Kingdom, under whatever name style or title such office may be constituted; nor to enable any person, otherwise than as he is now by held from law enabled, to hold or enjoy the office of Lord High Chancellor, Lord Roman CaKeeper or Lord Commissioner of the Great Seal of Great Britain or Ire- tholics. land; or the office of Lord Lieutenant or Lord Deputy or other chief governor or governors of Ireland; or his Majesty's High Commissioner to the General Assembly of the church of Scotland. G. 4. c. 72. XIII. Provided also, and be it further enacted, That nothing herein Nothing herecontained shall be construed to affect or alter any of the provisions of an in to repeal Act passed in the seventh year of his present Majesty's reign, intituled An 7 Act to consolidate and amend the Laws which regulate the Levy and Application of Church Rates and Parish Cesses, and the Election of Churchwardens, and the Maintenance of Parish Clerks, in Ireland. XIV. And be it enacted, That it shall be lawful for any of his Majes- Roman Caty's subjects professing the Roman Catholic religion to be a member of tholics may any lay body corporate, and to hold any civil office or place of trust or be Members profit therein, and to do any corporate act, or vote in any corporate elec. of Lay Cortion or other proceeding, upon taking and subscribing the oath hereby porations. appointed and set forth, instead of the oaths of allegiance supremacy and abjuration; and upon taking also such other oath or oaths as may now by law be required to be taken by any persons becoming members of such lay body corporate, or being admitted to hold any office or place of trust or profit within the same. Not to extend to Officers, &c. in the Established Church, or Ecclesias tical Courts, XV. Provided nevertheless, and be it further enacted, That nothing here- Such Memin contained shall extend to authorize or empower any of his Majesty's sub- bers of Corjects professing the Roman Catholic religion, and being a member of any porations not lay body corporate to give any vote at or in any manner to join in the elec- to vote in Ection presentation or appointment of any person to any ecclesiastical bene- clesiastical fice whatsoever, or any office or place belonging to or connected with the Appointments. united church of England and Ireland, or the church of Scotland, being in the gift patronage or disposal of such lay corporate body. XVI. Provided also, and be it enacted, That nothing in this Act contained shall be construed to enable any persons, otherwise than as they are now by law enabled, to hold enjoy or exercise any office place or dignity of in or belonging to the united church of England and Ireland, or the church of Scotland, or any place or office whatever of in or belonging to any of the ecclesiastical courts of judicature of England and Ireland Universities, respectively, or any court of appeal from or review of the sentences of Colleges, or such courts, or of in or belonging to the Commissary Court of Edinburgh, Schools; or of in or belonging to any cathedral or collegiate or ecclesiastical establishment or foundation; or any office or place whatever of in or belonging to any of the universities of this realm; or any office or place whatever, and by whatever name the same may be called, of in or belonging to any of the colleges or halls of the said universities, or the colleges of Eton Westminster or Winchester, or any college or school within this realm; or to repeal, abrogate, or in any manner to interfere with any local statute ordinance or rule which is or shall be established by competent authority within any university, college, hall, or school, by which Roman Catholics shall be prevented from being admitted thereto, or from residing or taking degrees therein: Provided also, that nothing herein contained nor to Preshall extend or be construed to extend to enable any person, otherwise sentations to than as he is now by law enabled, to exercise any right of presentation to Benefices. any ecclesiastical benefice whatsoever; or to repeal vary or alter in any manner the laws now in force in respect to the right of presentation to any ecclesiastical benefice. XVII. Provided always, and be it enacted, That where any right of Proviso for presentation to any ecclesiastical benefice shall belong to any office in the Presentations gift or appointment of his Majesty, his heirs or successors, and such office to Benefices shall be held by a person professing the Roman Catholic religion, the connected with Offices. No. XCV. 10 Geo. IV. c. 7. No Roman Catholic to advise the Crown in the right of presentation shall devolve upon and be exercised by the Archbishop of Canterbury for the time being. XVIII. And be it enacted, That it shall not be lawful for any person professing the Roman Catholic religion, directly or indirectly, to advise his Majesty, his heirs or successors, or any person or persons holding or exercising the office of Guardians of the United Kingdom, or of Regent of the United Kingdom, under whatever name style or title such office may be constituted, or the Lord Lieutenant or Lord Deputy or other chief Appointment governor or governors of Ireland, touching or concerning the appointment to or disposal of any office or preferment in the united church of England the Establish- and Ireland, or in the church of Scotland; and if any such person shall offend in the premises, he shall, being thereof convicted by due course of law, be deemed guilty of a high misdemeanor, and disabled for ever from holding any office, civil or military, under the Crown. to Offices in ed Church. Time and Manner of taking Oaths for Corporate Offices. Time and Manner of taking Oaths for other Offices. Penalty on acting in Offices without taking the Oath. XIX. And be it enacted, That every person professing the Roman Catholic religion, who shall after the commencement of this Act be placed elected or chosen in or to the office of mayor, provost, alderman, recorder, bailiff, town clerk, magistrate, councillor, or common councilman, or in or to any office of magistracy or place of trust or employment relating to the government of any city, corporation, borough, burgh, or district within the United Kingdom of Great Britain and Ireland, shall, within one calendar month next before or upon his admission into any of the same respectively, take and subscribe the oath herein before appointed and set forth, in the presence of such person or persons respectively as by the charters or usages of the said respective cities, corporations, burghs, boroughs, or districts ought to administer the oath for due execution of the said offices or places respectively; and in default of such, in the presence of two justices of the peace, councillors or magistrates of the said cities, corporations, burghs, boroughs, or districts, if such there be; or otherwise, in the presence of two justices of the peace of the respective counties, ridings, divisions, or franchises wherein the said cities, corporations, burghs, boroughs, or districts are; which said oath shall either be entered in a book roll or other record to be kept for that purpose, or shall be filed amongst the records of the city, corporation, burgh, borough, or district. XX. And be it enacted, That every person professing the Roman Catholic religion, who shall after the commencement of this Act be appointed to any office or place of trust or profit under his Majesty, his heirs or successors, shall within three calendar months next before such appointment, or otherwise shall, before he presumes to exercise or enjoy or in any manner to act in such office or place, take and subscribe the oath hereinbefore appointed and set forth, either in his Majesty's High Court of Chancery, or in any of his Majesty's Courts of King's Bench Common Pleas or Exchequer, at Westminster or Dublin; or before any judge of assize, or in any court of general or quarter sessions of the peace in Great Britain or Ireland, for the county or place where the person so taking and subscribing the oath shall reside; or in any of his Majesty's Courts of Session, Justiciary, Exchequer, or Jury Court, or in any sheriff or stewart court, or in any burgh court, or before the magistrates and councillors of any royal burgh in Scotland, between the hours of nine in the morning and four in the afternoon; and the proper officer of the court in which such oath shall be so taken and subscribed shall cause the same to be preserved amongst the records of the court; and such officer shall make sign and deliver a certificate of such oath having been duly taken and subscribed, as often as the same shall be demanded of him, upon payment of two shillings and sixpence for the same; and such certificate shall be suffi− cient evidence of the person therein named having duly taken and subscribed such oath. XXI. And be it enacted, That if any person professing the Roman Catholic religion shall enter upon the exercise or enjoyment of any office or place of trust or profit under his Majesty, or of any other office or franchise, not having in the manner and at the times aforesaid taken and subscribed the oath herein-before appointed and set forth, then and in every such case such person shall forfeit to his Majesty the sum of two hundred pounds; and the appointment of such person to the office place or franchise so by him held shall become altogether void, and the office place or franchise shall be deemed and taken to be vacant to all intents and purposes whatsoever. XXII. Provided always, That for and notwithstanding any thing in this Act contained, the oath herein-before appointed and set forth shall be taken by the officers in his Majesty's land and sea service, professing the Roman Catholic religion, at the same times and in the same manner as the oaths and declarations now required by law are directed to be taken, and not otherwise. XXIII. And be it further enacted, That from and after the passing of this Act no oath or oaths shall be tendered to or required to be taken by his Majesty's subjects professing the Roman Catholic religion, for cnabling them to hold or enjoy any real or personal property, other than such as may by law be tendered to and required to be taken by his Majesty's other subjects; and that the oath herein appointed and set forth, being taken and subscribed in any of the courts, or before any of the persons above mentioned, shall be of the same force and effect, to all intents and purposes, as, and shall stand in the place of, all oaths and declarations required or prescribed by any law now in force for the relief of his Majesty's Roman Catholic subjects from any disabilities incapacities or penalties; and the proper officer of any of the courts above mentioned, in which any person professing the Roman Catholic religion shall demand to take and subscribe the oath herein appointed and set forth, is hereby authorized and required to administer the said oath to such person, and such officer shall make sign and deliver a certificate of such oath having been duly taken and subscribed, as often as the same shall be demanded of him, upon payment of one shilling; and such certificate shall be sufficient evidence of the person therein named having duly taken and subscribed such oath. XXIV. And whereas the Protestant Episcopal Church of England and Ireland, and the doctrine discipline and government thereof, and likewise the Protestant Presbyterian Church of Scotland, and the doctrine discipline and government thereof, are by the respective Acts of Union of England and Scotland, and of Great Britain and Ireland, established permanently and inviolably: And whereas the right and title of archbishops to their respective provinces, of bishops to their sees, and of deans to their deaneries, as well in England as in Ireland, have been settled and established by law; be it therfore enacted, That if any person, after the commencement of this Act, other than the person thereunto authorized by law, shall assume or use the name style or title of archbishop of any province, bishop of any bishoprick, or dean of any deanery, in England or Ireland, he shall for every such offence forfeit and pay the sum of one hundred pounds. No. XCV. 10 Geo. IV. c. 7. Oaths by Mi litary and NavalOfficers. No other Oaths necessary to be taken by Roman Ca tholics. Titles to Sees, &c., not to be assumed by Roman Ca tholics. not to attend with Insignia of Office at any Place of Worship, other than XXV. And be it further enacted, That if any person holding any judicial Judicial or or civil office, or any mayor, provost, jurat, bailiff, or other corporate officer, other Officers shall, after the commencement of this Act, resort to or be present at any place or public meeting for religious worship in England or in Ireland, other than that of the united church of England and Ireland, or in Scotland, other than that of the church of Scotland, as by law established, in the robe gown or other peculiar habit of his office, or attend with the ensign or insignia, or any part thereof, of or belonging to such his office, Established such person shall, being thereof convicted by due course of law, forfeit Church. such office, and pay for every such offence the sum of one hundred pounds. Roman Catholic Eccle siastics offi XXVI. And be it further enacted, That if any Roman Catholic ecclesi- Penalty on astic, or any member of any of the orders communities or societies herein-after mentioned, shall, after the commencement of this Act, exercise any of the rites or ceremonies of the Roman Catholic religion, or wear the habits of his order, save within the usual places of worship of the Roman Catholic religion, or in private houses, such ecclesiastic or other person shall, being thereof convicted by due course of law, forfeit for every such offence the sum of fifty pounds. ciating, except Places of Worship. in their usual No. XCV. 10 Geo. IV. c. 7. XXVII. Provided always, and be it enacted, That nothing in this Act contained shall in any manner repeal alter or affect any provision of an Act made in the fifth year of his present Majesty's reign, intituled An Act to repeal so much of an Act passed in the Ninth Year of the Reign of King William the Third, as relates to Burials in suppressed Monasteries AbNot to repeal beys or Convents in Ireland, and to make further Provision with respect to the Burial in Ireland of Persons dissenting from the Established Church. Statute 5 G. 4. c. 25. For the Suppression of Jesuits and other Religi ous Orders of the Church of Rome. Jesuits, &c. coming into the Realm, to be banished. Natural-born Subjects, being Jesuits, may return in to the Kingdom and be registered. The Principal State may ces to Jesuits, &c., to come into the King dom; XXVIII. And whereas Jesuits, and members of other religious orders communities, or societies of the church of Rome, bound by monastic or religious vows, are resident within the United Kingdom; and it is expedient to make provision for the gradual suppression and final prohibition of the same therein; be it therefore enacted, That every Jesuit, and every member of any other religious order community or society of the church of Rome, bound by monastic or religious vows, who at the time of the commencement of this Act, shall be within the United Kingdom, shall, within six calendar months after the commencement of this Act, deliver to the clerk of the peace of the county or place where such person shall reside, or to his deputy, a notice or statement, in the form and containing the particulars required to be set forth in the schedule to this Act annexed; which notice or statement such clerk of the peace or his deputy, shall preserve and register amongst the records of such county or place, without any fee, and shall forthwith transmit a copy of such notice or statement to the chief secretary of the Lord Lieutenant or other chief governor or governors of Ireland, if such person shall reside in Ireland, or if in Great Britain, to one of his Majesty's principal secretaries of state; and in case any person shall offend in the premises, he shall forfeit and pay to his Majesty, for every calendar month during which he shall remain in the United Kingdom without having delivered such notice or statement as is herein-before required, the sum of fifty pounds. XXIX. And be it further enacted, That if any Jesuit, or member of any such religious order community or society as aforesaid, shall, after the commencement of this Act, come into this realm, he shall be deemed and taken to be guilty of a misdemeanor, and being thereof lawfully convicted, shall be sentenced and ordered to be banished from the United Kingdom for the term of his natural life. XXX. Provided always, and be it further enacted, That in case any natural-born subject of this realm, being at the time of the commencement of this Act a Jesuit, or other member of any such religious order community or society as aforesaid, shall at the time of the commencement of this Act, be out of the realm, it shall be lawful for, such person to return or to come into this realm; and upon such his return or coming into the realm he is hereby required, within the space of six calendar months after his first returning or coming into the United Kingdom, to deliver such notice or statement to the clerk of the peace of the county or place where he shall reside, or his deputy, for the purpose of being so registered and transmitted, as herein-before directed; and in case any such person shall neglect or refuse so to do, he shall for such offence forfeit and pay to his Majesty, for every calendar month during which he shall remain in the United Kingdom without having delivered such notice or statement, the sum of fifty pounds. XXXI. Provided also, and be it further enacted, That, notwithstanding any thing herein-before contained, it shall be lawful for any one of his Majesty's principal secretaries of state, being a Protestant, by a licence in writing, signed by him, to grant permission to any Jesuit, or member of any such religious order community or society as aforesaid, to come into the United Kingdom, and to remain therein for such period as the said secretary of state shall think proper, not exceeding in any case the space of six calendar months; and it shall also be lawful for any of his Majesty's principal secretaries of state to revoke any licence so granted before the expiration of the time mentioned therein, if he shall so think fit; and if any such person to whom such licence shall have been granted shall not depart from the United Kingdom within twenty days after the expiration of the time mentioned in such licence, or if such licence shall have been revoked, then within twenty days after notice of such revocation shall have been given to him, every person so offending shall be deemed guilty of a misdemeanor, and being thereof lawfully convicted shall be sentenced and ordered to be banished from the United Kingdom for the term of his natural life. No. XCV. 10 Geo. IV. c. 7. XXXII. And be it further enacted, That there shall annually be laid Accounts of before both Houses of Parliament an account of all such licences as shall Licences to have been granted for the purpose herein-before mentioned within the be laid before twelve months then next preceding. Parliament. Orders deem ed a Misdemeanor. XXXIII. And be it further enacted, That in case any Jesuit, or mem- Admitting ber of any such religious order community or society as aforesaid, shall, Persons as after the commencement of this Act, within any part of the United King- Members of dom, admit any person to become a regular ecclesiastic, or brother or such Religious member of any such religious order community or society, or be aiding or consenting thereto, or shall administer or cause to be administered, or be aiding or assisting in the administering or taking any oath vow or engagement purporting or intended to bind the person taking the same to the rules ordinances or ceremonies of such religious order community or society, every person offending in the premises in England or Ireland shall be deemed guilty of a misdemeanor, and in Scotland shall be punished by fine and imprisonment. XXXIV. And be it further enacted, That in case any person shall, after Any Person so the commencement of this Act, within any part of this United Kingdom, admitted a be admitted or become a Jesuit, or brother or member of any other such Member of a religious order community or society as aforesaid, such person shall be Religious deemed and taken to be guilty of a misdemeanor, and being thereof law-Order to be fully convicted shall be sentenced and ordered to be banished from the United Kingdom for the term of his natural life. banished. XXXV. And be it further enacted, That in case any person sentenced The Party and ordered to be banished under the provisions of this Act shall not de- offending may part from the United Kingdom within thirty days after the pronouncing be banished of such sentence and order, it shall be lawful for his Majesty, to cause by His Majesty; such person to be conveyed to such place out of the United Kingdom as his Majesty by the advice of his Privy Council shall direct. XXXVI. And be it further enacted, That if any offender, who shall be so sentenced and ordered to be banished in manner aforesaid, shall, after the end of three calendar months from the time such sentence and order hath been pronounced, be at large within any part of the United Kingdom, without some lawful cause, every such offender being so at large as aforesaid, on being thereof lawfully convicted, shall be transported to such place as shall be appointed by his Majesty, for the term of his natural life. and if at large XXXVII. Provided always, and be it enacted, That nothing herein con- Not to extend tained shall extend or be construed to extend in any manner to affect to Female Soany religious order community or establishment consisting of females cieties. bound by religious or monastic vows. XXXVIII. And be it further enacted, That all penalties imposed by Penalties how this Act shall and may be recovered as a debt due to his Majesty, by in- to be recoverformation to be filed in the name of his Majesty's Attorney General for ed. England or for Ireland, as the case may be, in the Courts of Exchequer in England or Ireland respectively, or in the name of his Majesty's Advocate General in the Court of Exchequer in Scotland. XXXIX. And be it further enacted, That this Act, or any part thereof, Act may be may be repealed altered or varied at any time within this present session altered this of Parliament. Session. XL. And be it further enacted, That this Act shall commence and Commencetake effect at the expiration of ten days from and after the passing ment of Act. thereof. |