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cers omitting

s. 12.

Persons indem nified that put

cution.

s. 13.

This act inter

or overseer of the poor, shall know, or be informed of, any Penalty of offisuch meetings held within his precinct, and shall not their duty. give information to some justice of peace, or chief magistrate, and endeavour the conviction of the parties, he shall forfeit £5. as aforesaid; and if any justice of peace shall wilfully omit the performance of his duty in execution of this act, he shall forfeit £100. one moiety to the king, and the other to the informer, to be recovered in any of his majesty's courts at Westminster. By s. 12. any person sued for putting in execution any of the powers in this act, otherwise than upon appeal, may plead the general issue, &c. and the defendant shall this act in exe have treble costs of nonsuit, discontinuance, verdict, or judgment upon demurrer. By s. 13. this act shall be construed beneficially for the suppression of conventicles; and no record or warrant made by virtue of this preted benchact, or any proceedings thereupon, shall be reversed by cially. reason of any default in form; and in case any person offending shall be an inhabitant of any other county or corporation, or shall fly into any other county, &c. the justice or chief magistrate before whom he shall be convicted, shall certify the same to any justice, &c. of such other county, &c. which justice is required to levy the penalties. By s. 14. no person shall be punished for any offence against this act, unless he be prosecuted within 3 Limitation for months; and no person punished by virtue of this act prosecutions. shall be punished for the same offence by any other law. By s. 15. every alderman of London shall have the same Proviso for alpower within London, which any justice of peace hath demen of Lonby this act in any county. By s. 16. if the person convicted be a feme covert cohabiting with her husband, the Femes covert. penalties of 5s. and 10s. shall be levied upon the goods Peers of the of the husband. And by s, 17. no peer shall be impri- realm. soned by virtue of this act. By s. 18. this act shall not invalidate his majesty's supremacy in ecclesiastical affairs. But for the relief of protestant subjects dissenting Protestant dissenters taking from the church of England, the 1 W. & M. st. 1. the oaths of allegiance, &c. c. 18. s. 4. Eng. provides, that persons that shall take exempted from the oaths (of allegiance and supremacy mentioned in the the penalties of I W. & M. st. 1. c. 1. Eng.) and shall make and subscribe the declaration (against popery, mentioned in the

don.

s. 14.

s. 15.

s. 16

s. 17.

8. 18. The king's su

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8.3.

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Saving for tithes, &c.

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1W. & M.st. 1. 30 Car. 2. st. 2. Eng.) as directed by s. 2. of this act, e.18. s.4. Eng. shall not be liable to any penalties in the 35 Eliz. c. 1. (post page 400.) nor in the 22 Car. 2. c. 1.; nor be prosecuted in any ecclesiastical court for their non-conforming to the church. But by s. 5. if any assembly of persons dissenting from the church, shall be had in any place for ings excluded, religious worship with the doors locked, barred, or bolted, during any time of such meeting, all persons at such meeting shall be liable to the penalties of all the said Jaws. And by s. 6. nothing herein contained shall exempt any persons front paying tithes, or other parochial duties, or any duties to the church or minister. By s. 8. s. 8. no person dissenting from the church of England, in holy Persons in or orders, or pretended holy orders, nor any preacher, or teacher of any congregation of dissenting protestants, penalties of cer- that shall make and subscribe the declaration, and take the said oaths, at the general or quarter sessions of the peace for the county, &c. where such person lives, and shall also declare his approbation of, and subscribe the articles of religion mentioned in the 13 Eliz. c. 12. except the 34th, 35th, and 36th, and these words of the 20th article, viz. "The church hath power to decree rites or ceremonies, and authority in controversies of faith; and yet" shall be liable to the penalties in the 17 Car 2. c. 2. (ante p. 385.) nor the penalties in the 22 Car. 2. c. i. (ante p. 385.) for preaching at any meeting for the exercise of religion; nor to the penalty of £100. mentioned in the 13 & 14 Car. 2. c. 4. (ante p. 383.) for officiating in any congregation allowed by this act. Provided (s. 9.) that the making and subscribing the said declaration, and the taking the oaths, and makTaking the oaths &c. to be regis- ing the declaration of approbation and subscription to the said articles, be entered of record, for which 6d. shall Meeting-doors mpt to be locked. be paid to the clerk of the peace: provided that such person shall not preach in any place but with the doors not locked, &c. By s. 10. every person in pretended holy orders, or preacher, &c. that shall subscribe the articles, except before excepted, and also except part of the 27th article touching infant baptism, and shall take the oaths, and make and subscribe the declaration, shall enjoy all the benefits which any other dissenting minister may

tered.

s. 10.

Proviso as to buntists.

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enjoy

s. 11.

nisters exempt

s. 12.

oaths, &c.

refusing,

enjoy by this act. And by s. 11. s. 11. every minister of any congregation, that shall take the oaths herein required, and make and subscribe the declaration, and subscribe Dissenting misuch of the articles as are required by this act, shall be from offices, &c. exempted from serving on any jury, or from being chosen to the office of church-warden, overseer of the poor, or any other parochial or ward office, or other office in any hundred, city, town, parish, &c. By s. 12. every justice of peace may require any person that goes to any Justices of peace meeting for exercise of religion, to make and subscribe may tender the declaration (against popery), and take the said oaths, (of allegiance and supremacy), or declaration of fidelity (prescribed by s. 13.) in case such person scruples the taking of an oath; and upon refusal, such justice is re- Penalty for quired to commit such person to prison, and to certify his name to the next general or quarter sessions; and if such person shall, upon a 2nd tender at the sessions, refuse to make and subscribe the declaration, such person refusing shall be recorded, and he shall be taken for a popish recusant convict, and incur all the penalties of the said laws. And as to such dissenters as scruple the taking of any oath, it is provided (s. 13.) that every such person shall make and subscribe the aforesaid declaration (against popery) and also this declaration of fidelity, (as amended by the 8 Geo. 1. c. 6.) viz. “I A. B. do (8 Geo. 1. c.6. solemnly and sincerely promise and declare, that I will $ 13. Eng.) "be true and faithful to king George; and do solemnly, Declarations to "sincerely and truly, profess, testify, and declare, that be made and subscribed by "I do from my heart abhor, detest, and renounce, as quakers.

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impious and heretical, that wicked doctrine and posi"tion, that princes excommunicated or deprived by the "Pope, or any authority of the see of Rome, may be "deposed or murdered 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: "I A. B. "profess faith in God the father, and in Jesus Christ his

"eternal

s. 13.

s. 14. & 15.

the oaths.

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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 declarations and subscription shall be made and entered upon record at the quarter sessions; and every such person that shall make and subscribe the 2 declarations, and profession, being thereunto required, shall be exempted from the penalties of the said statutes against popish recusants or protestant non-conformists, and also from the penalties of the 5 Eliz. c. 1. for refusing to take the oath mentioned in that act, and from the penalties of the 13 & 14 Car. 2. c. 1. and enjoy all other the benefits which any other dissenter shall enjoy by this act. And by s. 14. in case any person shall refuse to take the said oaths when tendered, which every justice of peace is How purged after refusal of empowered to do, such person shall not be admitted to take and subscribe the 2 declarations, unless he can, within 30 days after such tender of the declaration, produce 2 protestant witnesses to testify on oath that they believe him to be a protestant dissenter, or a certificate under the hands of 4 protestants who are conformable to the church of England, or have taken the oaths and subscribed the declaration, and shall also produce a certificate under the hands and seals of 6 men of the congre-. gation to which he belongs, owning him for one of them. And by s. 15. until such certificate shall be produced, &c. Recognizance to the justice of peace shall take a recognizance with 2 sureties in the sum of £50. for his producing the same; and if he cannot give such security, commit him to prison until he has produced such certificates, &c. But it is provided (s. 17.) that this act shall not give any ease or benefit to any papist, or popish recusant, or any person that shall deny in his preaching or writing the doctrine of the blessed Trinity, as declared in the articles of religion mentioned in the 13 Eliz. c. 12. Eng. except the 34th 35th and 36th articles, and these words of the 20th article, viz. "the church hath power to decree rites or ce"remonies, and authority in controversies of faith, and "yet," By s. 18. if any person shall willingly and of 66 purpose

be taken.

s. 17.

Papists, &c. ercepted.

18.

s. 19.

Place for wor ship to be cer

purpose, maliciously or contemptuously, come into any Disturbers of cathedral or parish church, chapel, or other congrega-hip, how pangation permitted by this act, and disquiet or disturb the ished, same, or misuse any preacher, such person, upon proof thereof before any justice of peace, by 2 witnesses, shall find 2 sureties in the sum of £50. and in default of such sureties, shall be committed to prison till the next general or quarter sessions; and upon conviction of the offence at the said sessions, shall suffer the penalty of £20. to the use of the king. Provided (s. 19.) that no congregation for religious worship shall be allowed by this act, until the place of such meeting be certified to the bishop of the diocess, or to the archdeacon, or to tified. the general or quarter sessions of the peace, and registered in the bishop's or archdeacon's court, or recorded at said sessions; and the register or clerk of the peace shall register the same, and give certificate thereof to such as shall demand the same, for which there shall be taken 6d. The 10 Anu. c. 2. s. 7. Eng. recites and confirms 10 Ann. c. 2. s. 7. &8. Engthe 1 W. & M. st. 1. c. 18. supña, and provides (s. 8.) that if any person dissenting from the church of England, Oaths &c. may be taken by pro(not pretending to holy orders, nor preacher of any contestant dissengregation,) who should have been entitled to the benefit ters, during proof said act if such person had duly qualified himself, shall be prosecuted upon any of the penal statutes, from which protestant dissenters are exempted by said act, and shall, during such prosecution, take, make, and subscribe the paths and declaration, or, being of the quakers, shall make and subscribe the declarations, and subscribe the profession of their christian belief, according to the act, or before any 2 justices of peace (who are required to take and return the same to the next quarter-sessions, to be recorded,) such persons shall be entitled to the benefit of said act, and shall be discharged from the penalties. And by s. 9. any preacher qualified according to the said act, shall be allowed to officiate in any congregation, although the same be not in the county wherein he was qualified; and such preacher, &c. shall, if required, produce a certificate of his having so qualified other county." bimself, under the hand of the clerk of the peace; and shall also before any justice of peace of the county where

secution for non

s. 9.

A dissenting preacher having qualified, may

officiate in any

he

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