s.2. Eng. sorting to any Converticle with the ensigns of his office. " he shall officiate, make and subscribe such declaration,. and take such oaths as are mentioned in the act, if re5 Geo. 1. c. 4. quired. The 5 Geo. 1. c. 4. s. 2. Eng. further provides, that if any mayor, bailiff or other magistrate, shall, knowPenalty of ingly or wilfully, be present at any meeting for religious mayor, &c. re- worship (other than the church of England as by law established) in the gown or other peculiar habit of, or attended with the ensigns belonging to such his office, such mayor, &e. shall be disabled to hold such office, and be adjudged incapable to bear any public office. 19Geo. 5. c. 44. And by the 19 Geo. 3. c. 44. s. 1. Eng. every person dissenting from the church of England, in holy orders, Protestant dis or pretending to holy orders, being a preacher or teacher of any congregation of dissenting protestants, who, if he masters further scruple to declare and subscribe according to the 13 Eliz. c. 12. (ante p. 379.) shall take the oaths, and make and subscribe the declaration (against popery) required by the W. & M. st. 1. c. 18. supra, and shall also make Declaration sub- and subscribe a declaration in the words following: "I stituted for sub- «A. B. do solemnly declare în the presence of almighty "God, that I am a christian and a protestant, and as s. 1. Eng. senting minis ters and school relieved. scription to the 39 articles. Exemption from serving in the militia. "such, that I believe that the scriptures of the old and "new testament, as commonly received among protes"tant churches, do contain the revealed will of God; "and that I do receive the same as the rule of my doc"trine and practice," shall be entitled to all the exemp÷ tions, privileges, and advantages, granted to protestant dissenting ministers. by the 1 W. & M. st. 1. c. 18. and 10 Ann. c. 2.; and the justices at the general session of the peace are to tender and administer the said last mentioned declaration to such minister, upon his offering himself to make and subscribe the same, and thereof to keep a register; and such minister shall not give as a fee to any officer belonging to the court, above 6d. for his entry of taking, &c. said oaths, &c. nor above 6d. for any certificate thereof to be made out and signed by the. officer of the said court; and every person qualifying himself as aforesaid, shall be exempted from serving in the militia; and shall also be exempted from any imprisonment or other punishment by the 13 & 14 Car. 2. c. 4. explained by the 15 Car. 2. c. 6. (ante page 383.) for preaching s. 2, preaching or officiating in any congregation of protestant dissenters, for the exercise of religion permitted by law. And by s. 2. no dissenting minister, nor any other protestant dissenting from the church of England, who Dissenters alshall take the aforesaid oaths, and make and subscribe lowed to instruct youth. the above mentioned declaration against popery, and the declaration before mentioned, shall be prosecuted for teaching and instructing youth as a tutor or schoolmaster. But by s. 3. nothing in this act shall extend to the enabling of any person dissenting, to hold the mastership of any college or school of royal foundation, or mastership of of any other endowed college or school for the education colleges, c. of youth, unless the same shall have been founded since the 1 W. & M. st. 1. c. 18. for the use of protestant dissenters. And by s. 4. the 1 W. & M. st. 1. c. 18. and this act, shall be deemed public acts. s. 3. Exception of s. 4. ing certain oaths &c. not to be clesiastical $. 2. The 6 Geo. 1. c. 5. Ir. in analogy to the 1 W. & M. Dissenters takst. 1. c. 18. Eng. and 10 Ann. c. 2. s. 8. Eng. ante, also provides, (s. 18.) that no dissenter who shall take the prosecuted in ecoaths (of allegiance, supremacy, and abjuration,) and courts for nonsubscribe the declaration (against popery), shall be pro- 6 Geo. 1. c. J. conformity. secuted in any ecclesiastical court for non-conforming to s. 18. Ir. the church of Ireland as by law established. But by s. 3. nothing herein shall exempt any such persons from s. 3. paying tithes or other parochial duties, or other duties Saving for to the church or minister, nor from any prosecution in tithes, c any ecclesiastical court, or elsewhere, for the same. By s. 2. if any assembly of persons dissenting from the church of Ireland, shall be had in any place for religious worship with the doors locked, barred, or bolted, the preaching with preacher or teacher in such assembly, shall forfeit £10.; doors locked: and every other person that shall be at such meeting, And of those shall forfeit 10s.; which penalties of £10. and 10s. shall present. go, one moiety to the poor of the parish, and the other to such person as shall sue for the same at the next general assizes for such county, &c. by civil bill, or by action of debt, bill, plaint, or information. By s. 8. no person being a protestant. dissenting from the church of Ireland, in holy orders, or pretended holy orders, or any misters, &c. may preacher or teacher of any congregation of dissenting gregation perprotestants, that shall make and subscribe the declara- mitted by this Penalty for 's. 8. Dissenting mi officiate in con act. S. at sessions. s. 10. Certain other dissenters privi ged as dissenting ministers. s. 11. Dissenting ministers, &c. ex every tion aforesaid, and take the said oaths at the general or quarter sessions for the county, &c. where such person lives, shall be liable to the penalty of £100, or other penalties mentioned in the 17 & 18 Car. 2. c. 6. Ir. for consecrating or administering the sacrament of the Lord's supper, or for preaching or officiating in any congrega, tion allowed by this act. Provided (s. 9.) that the mak→ Taking oaths, &c. to be entered ing and subscribing said declaration, and the taking said oaths at such general quarter sessions, shall be then and there entered of record, for which 6d. shall be paid to the clerk of the peace.. And by s. 10. whereas some dissenting protestants scruple the baptizing of infants; every person in pretended holy orders, or preacher or teacher, that shall make and subscribe, the said declaras tion, and take the said oaths as aforesaid, shall enjoy all privileges and advantages which any other dissenting minister might enjoy by this act. And by s. 11. teacher or preacher in holy orders, or pretended holy orders, that is a minister, preacher, or teacher of a con empt from serv-gregation, that shall take the oaths herein required, and make and subscribe the declaration aforesaid, shall be exempted from serving upon any jury, or from being chosen or appointed church-warden, overseer of the poor, or any other parochial or ward office, or other office in any barony, county, city, town, or parish. But it is provided (s. 13.) that this act shall not give any beException as to pefit to any papist, &c. or to any person who in his preaching or writing shall deny the doctrine of the blessed Trinity, as it is declared in the 39 articles referred to in the 17 & 18 Car. 2. c. 6. s. 11. Ir. Bys. 14. if any person shall willingly and of purpose, maliciously or con, Penalty of turbers of contemptuously, come into any cathedral or parish church, gregations. chapel, or other congregation permitted by this act, and disquiet or disturb the same, or misuse any preacher or teacher, such person, upon proof thereof by 2 witnesses, shall find 2 sureties in the sum of £50. to appear at the next general or quarter sessions for the county, and in default of such sureties shall be committed to prison till the next general or quarter sessions, and upon convic. tion shall suffer the penalty of £20. to the use of the ing on juries, s. 13. papists. 9. 14. s. 15. s. 19. non-conformity. king. Provided (s. 15.) that no assembly for religious worship shall be allowed by this act, until the place of Places of consuch meeting shall be certified to the bishop of the dio- gregation to be certified. cess, or to the arch-deacon of the arch-deaconry, or to the justices of peace at the general or quarter sessions for the county, &c. in which such meeting shall be held, and registered in the bishop's or arch-deacon's court, or recorded at the general or quarter sessions; the register or clerk of the peace whereof shall register the same, and give certificate thereof to such person as shall demand the same, for which there shall be no greater fee than 6d. And this act provides (s. 19.) that if any person being a protestant dissenting from the church of Ireland, not being in holy orders, or pretended holy orders, nor Dissenters may quality during preacher or teacher of any congregation, who would be prosecution for entitled to the benefit of this act, if such person had duly qualified himself, shall be prosecuted for non-conformity, or upon any of the penal statutes from which protestant dissenters are exempted by this act, and shall, during such prosecution, take, make, and subscribe the said oaths and declaration, or, being of the quakers, shall make and subscribe the declaration according to s. 17. of this act, or before any 2 justices of peace, (who are required to return the same to the next quarter sessions to be recorded); such person shall be entitled to the benefit of this act, and shall be discharged from the penalties. And as to such dissenters, called quakers, who scruple the taking an oath, this act provides, (s. 17.) that every such person who shall make and subscribe the declaration following if thereunto required as aforesaid: (IA. B. scribing the "do truly and sincerely acknowledge, profess, testify following decla " and declare, that king George is lawful and rightful exempt from penalties, &c, "king of the realm of Great Britain and Ireland, and all "other the dominions and countries to the realm of "Great Britain belonging; and I do promise to be a "true and faithful subject to him, and his successors in "the protestant line, as now by law established, and "that I will not plot or contrive any mischief or hurt to ❝ him or them, or be any way concerned therein, but "will do my best endeavour to disclose and make known to s. 17. Quakers sub $5. "to the king and his successors, or those in authority "under him or them, all treasons and traitorous conspi"racies which I shall know to be against him or any of "them: And I do believe in my conscience, [*that the 66 person pretending to be the prince of Wales during "the life of the late king James, and since his decease "pretending to be, and taking upon him the style and ti"tle of king of England by the name of James the third, "and of Scotland by the name of James the eighth,] hath "not any right or title whatsoever to the crown of the "realms of Great Britain or Ireland, or any of the do"minions of the realm of Great Britain belonging; and "I do renounce and refuse any allegiance and obedience "to him. Nor do I believe the pope or bishop of Rome "is Christ's vicar on earth, or that he hath power to depose princes on any pretence whatsoever, or ab-, "solve me, or any of the king's subjects, of their obe"dience to him or his successors, or any subjects of "their obedience to their lawful prince; And I also "believe the popish doctrine of purgatory, praying for the dead, indulgences and worshipping of images, of 66 adoring and praying to the Virgin Mary, or other "saints deceased, of transubstantiation or changing the "elements of bread and wine into the body and blood of "Christ, at or after the consecration thereof, by any 66 person whatsoever, and of killing heretics, are false, "erroneous, and contrary to the truth declared in the 66 holy scriptures, and therefore believe the communion "of the church of Rome is superstitious and idolatrous. "And all this I do acknowledge, declare, and subscribe, "without any equivocation or mental reservation, ac cording to the true plainness and simplicity, and "usual signification of the words,") shall be exempted from all pains and penalties of the forementioned statutes, and shall enjoy all other the privileges and advantages, under the like conditions, which any other protestant dissenters shall enjoy by this act. V. As to the offence of recusancy, or not repairing to church: It is one of the provisions (s. 14.) of the 1 Eliz. + This clause should be altered agreeable to the form of abjuration framed by the 6 Geo, 3. c. 53. Eng. |