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cers omitting

s. 12.


S. 13.

or overseer of the poor, shall know, or be informed of, any Penalty of opie such meetings held within his precinct, and shall not they 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, Persons indeme

thal pui may plead the general issue, &c. and the defendant shall this acl in care have treble costs of nonsuit, discontinuance, verdict, or judgment upon demurrer. By s. 13. this act shall be construed beneficially for the suppression of conven

This act interticles; and no record or warrant made by virtue of this preted banetiact, or any proceedings thereupon, shall be reversed by cialiy. reason of


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 Limilation 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 Prosiso for als power within London, which any justice of peace bath Cermen of Lun

, by this act in any county. By s. 16. if the person con

. victed 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 in

The king's 54validate his majesty's supremacy in ecclesiastical affairs. Premacy. But for the relief of protestant subjects dissenting Protestant dis

senters taking from the church of England, the 1 W. & M. st. 1. the oaths of úlo

loginct, &c. c. 18. s. 4. Eng. provides, that persons that shall take

exempted from the oailis (of allegiance and supremacy mentioned in tbe the penalties or

non confurinity. i W. & M. st. 1. c. 1. Eng.) and shall make and subscribe the declaration against popery, mentioned in the 2 C2


s. 14,

s. 15.


s. 16

s. 17.

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tithes, &c.

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1 W. & M.stj. 30 Car. 2. st. 2. Eng.) as directed by s. 2. of this act,
6.18. 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 prose-
cuted 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 bad in any place for ings excludled, 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

laws. And by s. 6. nothing herein contained shall exSaving for empt any persons front paying tithes, or other parochial

duties, or any duties to the church or minister. By s. 8.

no person dissenting from the church of England, in holy Persons in or

orders, or pretended holy orders, nor any preacher, or ted from the teacher of any congregation of dissenting protestants, Denalties 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. Yante p. 385.) nor the penalties in the
92 Car. 2. c. i. (ante p. 385.) for preaching at any meet-
ing 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 mak-
Taking the oaths
&c. iu be regisa ing the declaration of approbation and subscription to

the said articles, be entered of record, for which 6d. shal)
riul iu bieluched. be paid to the clerk of the peace: provided that such

person shall not preach in any place but with the doors
pot locked, &c. By s. 10. every person in pretended holy

orders, or preacher, &c. that shall subscribe the articles, bewuss.

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 benciits which any other dissenting minister may



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nisters exempt

S. 19.

enjoy by this act. .And by 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, ac. 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 ány 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 mmy tender

oaths, &c. 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

refusing, 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.

s 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 an:

subscribed by « I do from my heart abhor, detest, and renounce, as quakers. “ impious and heretical, that wicked doctrine and posi« tion, that princes excommunicated or deprived by tlie “ 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,


| the oaths,

ve 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 şubscription shall be made and entered upon record at the quarter sessions; and every such person that shall make and subscribe the ? 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 men. tioned 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. & 15. s. 14. in case any person shall refuse to take the said

oaths, when tendered, which every justice of peace is Hur purgerl after refusal of empowered to do, such person shall not be admitted to

take and subscribe the 4 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 meu of the congregation to which he belongs, owning him for one of them.

And by s. 13. until such certificate shall be produced, &c. Recognizance to the justice of peace shall take a recognizance with 2 be taken.

sureties in the sum of £50. for his produeing 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 Papists, &c. ercepted. that shall deny in his preachivg or writing the doctrine of

thie blessed Trinity, as declared in the articles of religion mentioned in the 13 Eliz. c. 12. Eng. except the 34th 35th and 36tlı articles, and these words of the 20th article, viz. “ the church hath power to decree rites or ee“ remonies, and authority in controversies, of faith, and yet." By s. 18. if any person shall willingly and of

8. 13.



s. 19.


purpose, maliciously or contemptuously, come into any Distrưrbers of cathedral or parish church, chapel, or other congrega- religious teor

ship, how para gation 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 ge. neral 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 ng congregation for religious worship shall be allowed by

Place for wor this act, until the place of such meeting be certified to

ship to be cer. the bishop of the diocess, or to the arehdeacon, or to the general or quarter sessions of the peace, and registered in the bişhop's or archdeacon's court, or recorded at said sessions; and the register or clerk of the peace skall register the same, and give certificate thereof to such as shall deinand 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. supra, 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, por preacher of any congregation,) who should have been entitled to the benefit ters, during proof said act if such person had duly qualified himself, shall conformity. be prosecuted upon any of the pedal 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 snbscribe the profession of their christian belief, according to the act, or before any 2 justices of peace privho are required to take and return the same to the next quarter-sessions, to be recorded,) sucb 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 Preacher having

A wherein he was qualified; and such preacher, &c. shall, if qualıped, may

officiate in ang required, produce a certificate of bis 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


testant dissen.

secution for nons

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