seventh sec 1, c. 4, s. 1. in the five and twentieth year of the reign of the said late king 25 Car. 2, c. 2. Charles the second, intituled, an act for the preventing dangers which may happen from Popish recusants; both which acts were made for the security of the church of England, as by law established: now This act refor the better securing the said church, and quieting the minds of pealed to the her majesty's Protestant subjects dissenting from the church of tion by 5 Geo. England, and rendering them secure in the exercise of their religious worship, as also for the further strengthening the provision already made for the security of the succession to the crown in the house of Hanover; be it enacted, et cetera, after the twenty-fifth day of March, one thousand seven hundred and twelve, if any officer, civil or military, et cetera, who receives any salary, et cetera, or if any magistrate of a corporation, et cetera, who by the acts of the thirteenth and twenty-fifth of Charles the second, are obliged to receive the sacrament, shall after their admission into their office, and during their office, and during their continuance in it, be present at any conventicle, et cetera, such person shall forfeit forty pounds, to be recovered by the prosecutor. Every person so convicted, shall be disabled to hold his office, et cetera, and incapable of any employment in England, et cetera. Person, after conviction, conforming to the church of England, for one year, et cetera, shall be capable of the grant of any office. Every such person to make oath the next term after admission into any office, or at the quarter session, et cetera, that he hath conformed, et cetera. Oath to be made of the offence within ten days, and prosecution within three months, et cetera. This act shall not vacate any office of inheritance, so as a sufficient deputy be appointed to execute it. REP. 1 W. &. M. VII. And it is hereby further enacted and declared by the autho- The toleration granted rity aforesaid, that the toleration granted to the Protestant dissenters, to Protestant by the act made in the first year of the reign of king William and dissenters by queen Mary, intituled, an act for exempting their majesties' Protestant sess. 1, c. 18, subjects, dissenting from the church of England, from the penalties of confirmed. certain laws, shall be, and is hereby ratified and confirmed, and that the same act shall at all times be inviolably observed for the exempting of such Protestant dissenters as are thereby intended, from the pains and penalties therein mentioned. If any dissenter (not in holy orders, been entitled he had taken shall be pro VIII. And for the rendering the said last mentioned act more effectual, according to the true intent and meaning thereof; be it further enacted and declared by the authority aforesaid, that if any &c.) who person dissenting from the church of England, (not in holy orders, would have or pretended holy orders, or pretending to holy orders, nor any to the benefit preacher or teacher of any congregation) who should have been of that act, if entitled to the benefit of the said last mentioned act, if such person the oaths,&c. had duly taken, made, and subscribed the oaths and declaration, or secuted upon otherwise qualified him or herself, as required by the said act, and any penal now is or shall be prosecuted upon or by virtue of any of the penal shall during statutes, from which Protestant dissenters are exempted by the said such proseact, shall at any time during such prosecution, take, make, and sub- the oaths, &c. scribe the said oaths and declaration, or being of the people called or being a Quakers, shall make and subscribe the aforesaid declaration, and make the also the declaration of fidelity, and subscribe the profession of their &c. he shall christian belief, according to the said act, or before any two of her be entitled to statute, &c. cution take Quaker shall declaration, A dissenting teacher, qualified may officiate county than qualified. the benefit of majesty's justices of the peace (who are hereby required to take and the said act. return the same to the next quarter sessions of the peace, to be there recorded) such person shall be, and is hereby entitled to the benefit of the said act, as fully and effectually as if such person had duly qualified himself within the time prescribed by the said act, and shall be thenceforth exempted and discharged from all the penalties and forfeitures incurred by force of any the aforesaid penal statutes. IX. And whereas it is or may be doubted whether a preacher or teacher of any congregation of dissenting Protestants, duly in all according to respects qualified according to the said act, be allowed by virtue of the said act, the said act, to officiate in any congregation in any county, other in any other than that in which he so qualified himself, although in a congrewhere he was gation or place of meeting duly certified and registered as is required by the said act; be it declared and enacted by the authority aforesaid, that any such preacher or teacher, so duly qualified according to the said act, shall be and is hereby allowed to officiate in any congregation, although the same be not in the county wherein he was so qualified; provided that the said congregation, or place of meeting hath been before such officiating, duly certified and regisSuch teacher tered or recorded according to the said act; and such preacher or certificate, teacher, shall, if required, produce a certificate of his having so qua&c. of his lified himself, under the hand of the clerk of the peace for the county fied himself, or place where he so qualified himself, which certificate such clerk &c. and shall of the peace is hereby required to make; and shall also before any justice of the peace of such county or place where he shall so officiate, make, and subscribe such declaration, and take such oaths as are mentioned in the said act, if thereunto required. to produce a having quali if required, make the declaration, &c. All advocates &c. in Scotland, shall visions relat ing hereto, 10 Anne, c. 32, s. 2. Refusing, X. And be it further enacted by the authority aforesaid, that on or before the fifteenth day of June next, all advocates, writers to the take the oath signet, notaries public, and other members of the college of justice, appointed by 6 Anne, c. 14. Within that part of her majesty's kingdom of Great Britain called Further pro- Scotland, shall be and are hereby obliged to take and subscribe the oath appointed by the act of the sixth year of her majesty's reign, intituled, an act for the better security of her majesty's person and govern ment, before the lords of session of the aforesaid part of her majesty's kingdom; except such of the said persons who have already taken the same and if any of the persons aforesaid do or shall neglect or &c. shall be judged inca- refuse to take and subscribe the said oath, as aforesaid, such person pable to shall be ipso facto adjudged incapable, and disabled in law to have, exercise his employment. enjoy, or exercise in any manner his said employment or practice. XI. And be it further enacted by the authority aforesaid, that in all time coming no person or persons shall be admitted to the employ. ment of advocate, writer to the signet, notary public, or any office belonging to the said college of justice, until he or they have taken and subscribed the aforesaid oath, in manner as is above directed. See 1 Geo. 1, 1 GEORGE 1, STAT. 2, CAP. 5, SECS. 4, 6, 8, 9, & 10.—An act for preventing tumults and riotous assemblies, and for the more speedy and effectual punishing the rioters. None shall be admitted to the em ployment of till he hath advocate, &c. taken the said oath. c. 13. Pullingdown &c. any IV. And be it further enacted by the authority aforesaid, that church, &c. if any persons unlawfully, riotously and tumultuously assembled felony, with- together, to the disturbance of the public peace, shall unlawfully, clergy. and with force demolish or pull down, or begin to demolish or pul out benefit of 1 W. & M. down any church or chapel, or any building for religious worship certified and registered according to the statute made in the first year of the reign of the late king William and queen Mary, inti- sess. 1, c. 18. tuled, an act for exempting their majesties' Protestant subjects dissenting from the church of England from the penalties of certain laws, or any dwelling house, barn, stable, or other outhouse, that then every such demolishing, or pulling down, or beginning to demolish, or pull down, shall be adjudged felony without benefit of clergy, and the offenders therein shall be adjudged felons, and shall suffer death as in case of felony without benefit of clergy. made church, &c. VI. And be it further enacted by the authority aforesaid, that if after the said last day of July one thousand seven hundred and fifteen, any such church or chapel, or any such building for religious worship, or any such dwelling house, barn, stable, or other outhouse, shall be demolished or pulled down wholly, or in part, by any persons so unlawfully, riotously and tumultuously assembled, that then, How the dain case such church, chapel, building for religious worship, dwelling mages shall house, barn, stable or outhouse, shall be out of any city or town, good, if any that is either a county of itself, or is not within any hundred, that be demolishthen the inhabitants of the hundred in which such damage shall be ed, &c. done, shall be liable to yield damages to the person or persons injured and damnified by such demolishing or pulling down wholly or in part; and such damages shall and may be recovered by action to be brought in any of his majesty's courts of record at Westminster, (wherein no essoin, protection, or wager of law, or any imparlance shall be allowed) by the person or persons damnified thereby, against any two or more of the inhabitants of such hundred, such action for damages to any church or chapel to be brought in the name of the rector, vicar or curate of such church or chapel that shall be so damnified, in trust for applying the damages to be recovered in rebuilding or repairing such church or chapel; and that judgment being given for the plaintiff or plaintiffs in such action, the damages so to be recovered shall, at the request of such plaintiff or plaintiffs, his or their executors or administrators, be raised and levied on the inhabitants of such hundred, and paid to such plaintiff or plaintiffs, in such manner and form, and by such ways and means, as are provided by the statute made in the seven and twentieth year of the 27 Eliz. c. 13. reign of queen Elizabeth, for reimbursing the person or persons on whom any money recovered against any hundred by any party robbed, shall be levied and in case any such church, chapel, building for religious worship, dwelling house, barn, stable, or outhouse so damnified, shall be in any city or town that is either a county of itself, or is not within any hundred, that then such damages shall and may be recovered by action to be brought in manner aforesaid (wherein no essoin, protection or wager of law, or any imparlance shall be allowed) against two or more inhabitants of such city or town; and judgment being given for the plaintiff or plaintiffs in such action, the damages so to be recovered shall, at the request of such plaintiff or plaintiffs, his or their executors or administrators, made to the justices of the peace of such city or town, at any quarter sessions to be holden for the said city or town, be raised and levied on the inhabitants of such city or town, and paid to such : Prosecution within twelve months. Damages of any church, &c. pulled Scotland, how to be plaintiff or plaintiffs, in such manner and form, and by such ways and means, as are provided by the said statute made in the seven and twentieth year of the reign of queen Elizabeth, for reimbursing the person or persons on whom any money recovered against any hundred by any party robbed, shall be levied. VIII. Provided always, that no person or persons shall be prosecuted by virtue of this act, for any offence or offences committed contrary to the same, unless such prosecution be commenced within twelve months after the offence committed. IX. And be it further enacted by the authority aforesaid, that Punishment ........all and every person and persons who shall at any of persons time be convicted of any the offences afore mentioned, within that offending in Scotland. part of Great Britain called Scotland, shall for every such offence incur and suffer the pain of death, and confiscation of moveables: and also that all prosecutions for repairing the damages of any church or chapel, or any building for religious worship, or any down, &c. in dwelling house, barn, stable, or outhouse, which shall be demolished or pulled down in whole or in part, within Scotland, by and of whom. any persons unlawfully, riotously or tumultuously assembled, shall and may be recovered by summary action, at the instance of the party aggrieved, his or her heirs, or executors against the county, stewartry, city or borough respectively, where such disorders shall happen, the magistrates being summoned in the ordinary form, and the several counties and stewartries called by edictal citation at the market cross of the head borough of such county or stewartry res pectively, and that in general, without mentioning their names and designations. recovered, To what places in act shall X. Provided, and it is hereby declared, that this act shall extend Scotland this to all places for religious worship, in that part of Great Britain called Scotland, which are tolerated by law, and where his majesty king George, the prince and princess of Wales, and their issue are prayed for in express words. extend. 5 GEORGE 1, CAP. 4.-An act for strengthening the Protestant interest in these kingdoms.-See Title-" CONVENTICLES," vol. ii. p. 399. 19 GEORGE 3, CAP. 44.—An act for the further relief of Protestant Preamble; dissenting ministers and schoolmasters-Whereas, by an act made in reciting the the first toleration act year of the reign of king William and queen Mary, intituled, 1 W. & M. an act for exempting their majesties' Protestant subjects, dissenting from the church of England, from the penalties of certain laws, persons dissenting from the church of England, in holy orders, or pretended holy orders, or pretending to holy orders, and preachers or teachers of any congregation of dissenting Protestants, are required, in order to be entitled to certain exemptions, benefits, privileges, and advantages, to declare their approbation of, and to subscribe, the articles of religion mentioned in the statute made in the thirteenth year of the reign of queen Elizabeth (except as in the said act, made in the first year of the reign of king William and queen Mary, is excepted): and whereas many such persons scruple to declare their approbation of and to subscribe, the said articles not excepted as aforesaid: for giving ease to such scrupulous persons in the exercise of religion, may it please your majesty that it may be enacted; and be it enacted by the king's most excellent majesty, by and with the advice and Protestant dissenting take the subscribe the ry required consent of the lords spiritual and temporal, and commons in this ministers, present parliament assembled, and by the authority of the same, that who shall every person dissenting from the church of England, in holy orders, oaths and or pretended holy orders, or pretending to holy orders, being a declaration preacher or teacher of any congregation of dissenting protestants, against popewho, if he scruple to declare and subscribe as aforesaid, shall take by the said the oaths, and make and subscribe the declaration against popery, also make required by the said act, in the first year of the reign of king William and suband queen Mary, to be taken, made, and subscribed by protestant following dissenting ministers, and shall also make and subscribe a declaration declaration, in the words following; viz. : act, and shall scribe the tled to all the the tolera Anne, for the same, &c. A.B. do solemnly declare, in the presence of Almighty God, that I am a christian and a Protestant, and as such, that I believe that the Scriptures of the Old and New Testament, as commonly received among Protestant churches, do contain the revealed will of God; and that I do receive the same as the rule of my doctrine and practice. shall be, and every such person is hereby declared to be, entitled to shall be entiall the exemptions, benefits, privileges, and advantages, granted to privileges Protestant dissenting ministers by the said act, made in the first granted by year of the reign of king William and queen Mary; and by an act, tion act, and made in the tenth year of the reign of queen Anne, intituled, an act by an act for preserving the Protestant religion, by better securing the church of confirming England, as by law established; and for confirming the toleration granted to Protestant dissenters by an act, intituled, an act for exempting their majesties' protestant subjects, dissenting from the church of England, from the penalties of certain laws; and for supplying the defects thereof; and for the further securing the Protestant succession, by requiring the practisers of the law in North Britain to take the oaths and subscribe the declaration therein mentioned; and the justices of the peace at the general session of the peace to be holden for the county or place where any Protestant dissenting minister shall live, are hereby required 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 or pay, as a fee or reward to any officer or officers belonging to the court aforesaid, above the sum of sixpence for his or their entry of such minister's making and subscribing the said last mentioned declaration, and taking the oaths, and making and subscribing the declaration against popery, required by the said act, made in the first year of the reign of king William and queen Mary, to be taken, made, and subscribed by Protestant dissenting ministers; nor above the sum of sixpence for any certificate thereof to be made out and signed by the officer or officers of the said court; and every and shall be such person, qualifying himself as aforesaid, shall be exempted from exempted from serving serving in the militia of this kingdom; and shall also be exempted in the militia from any imprisonment, or other punishment, by virtue of an act, punishment made in the thirteenth and fourteenth years of the reign of king by virtue of Charles the second, intituled, an act for the uniformity of public uniformity, prayers and administration of sacraments, and other rites and ceremonies; and for establishing the form of making, ordaining, and consecrating, bishops, priests, and deacons, in the church of England; or by an act made in the fifteenth year of the same reign, intituled, an act VOL. II. N n and from any the act of &c. |