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and every such collector so appointed shall collect and receive all sums so allotted or charged, and shall pay the same to the several and respective incumbents, in like manner as church wardens are directed to do by the said recited act; and in case of refusal or delay of payment of any sums so allotted or charged, it shall be lawful for any and every such collector to levy and distrain for the same in like manner as churchwardens are empowered to do by the said recited act; and it shall be lawful for any and every such collector, and he and they is and are hereby authorized and empowered, to do and perform all such matters and things, and shall be subject to all such liabilities as any church warden or churchwardens is or are authorized or required to do or are subject to with respect to any sums so allotted or charged for ministers money as aforesaid, under or by virtue of the said recited acts or either of them, or any other act or acts relating to such ministers money, in force in Ireland imme. diately before the passing of this act.
FOR REFERENCE, IF NECESSARY,
20 George 2, CAP. 44.—An act to extend the provisions of an act made in the thirteenth year of his present majesty's reign, intituled, an act for naturalizing such foreign protestants, and others therein mentioned, as are settled, or shall settle in any of his majesty's colonies in America, to other foreign protestants who conscientiously scruple the taking of an oath.-See Title—“PROTESTANTS, FOREIGN, NATURALIZED."
22 GEORGE 2, CAP. 30.--An act for encouraging the people known by the name of Unitas Fratrum, or United Brethren, to settle in his majesty's colonies in America.
Whereas many of the people of the church or congregations called the Unitas Fratrum, or United Bre. thren, are settled in his majesty's colonies in America, and demean themselves there as a sober, quiet and industrious people; and many others of the same persuasion are desirous to transport themselves to, and make larger settlements in, the said colonies at their own expense, provided they may be indulged with a full liberty of conscience, and in the exercise of the religion they profess; and several of the said brethren do conscientiously scruple the taking of an oath, and likewise do conscientiously scruple bearing arms, or personally serving in any military capacity, although they
are willing and ready to contribute whatever sums of money shall be thought a reasonable compensation for such service, and which shall be necessary for the defence and support of his majesty's person and government: and whereas the said congregations are an ancient protestant episcopal church, which has been countenanced and relieved by the kings of England, your majesty's predecessors : and whereas the encouraging the said people to settle in America, will be beneficial to the said colonies; therefore may it please your majesty, at the humble petition of Abraham baron of Gersdorf, Lewis baron Schrautenbach free lord of Lindheim, David Nitschmann syndic, Charles Sehachmann baron of Hermsdorff, and Henry Cossart agent, deputies from the said Moravian churches, in behalf of themselves and their United Brethren, that it may be enacted, and be it therefore enacted by the king's most excellent majesty, by and with the advice and consent of the
lords spiritual and temporal, and commons, in this present parliament Members of assembled, and by the authority of the same, that from and after the Unitas Fra-, twenty-fourth day of June one thousand seven hundred and forty,
nine, every person being a member of the said protestant episcopal Solemn affir- church, known by the name of Unitas Fratrum, or the United Brethren,
and which church was formerly settled in Moravia and Bohemia, and are now in Prussia, Poland, Silesia, Lusatia, Germany, the United Provinces, and also in his majesty's dominions, who shall be required upon any lawful occasion to take an oath in any case where by law an oath is or shall be required, shall, instead of the usual form, be permitted to make his or her solemn affirmation or declaration in these words following:
to make a
lieu of an oath.
to criminal cases. &c.
I A. B. do declare in the presence of Almighty God, the witness of Form of affir
the truth of what I say. Which said solemn affirmation or declaration shall be adjudged and taken, and is hereby enacted and declared to be of the same force and effect, to all intents and purposes, in all courts of justice, and other places where by law an oath is or shall be required within the kingdoms of Great Britain and Ireland, and also in all and every of his majesty's colonies and dominions in America, as if such person bad taken an oath in the usual form. II. And be it further enacted by the authority aforesaid, that any Penalty of
false affirmperson making such solemn affirmation or declaration, who shall be
ing. lawfully convicted, wilfully, falsely and corruptly to have affirmed or declared any matter or thing, which, if the same had been deposed on oath in the usual form, would have amounted to wilful and corrupt perjury, every such person so offending shall incur the same pains and penalties, as by the law and statutes of this realm are enacted against persons convicted of wilful and corrupt perjury.
III. Provided, and be it enacted, that no person being of the said Notto extend church or congregation called the Moravian or United Brethren, shall by virtue of this act be qualified to give evidence in any criminal causes, or to serve on juries; any thing contained in this act to the contrary notwithstanding.
IV. And be it further enacted, that every person who is a member Moravians of the said church or congregation, who shall reside in any of his puramaned majesty's colonies in America, who shall at any time after the said military sertwenty-fourth day of June one thousand seven hundred and forty- discharged nine, be summoned to bear arms, or do military service, in any of his majesty's said colonies or provinces of America, shall, on his application to the governor or commander in chief of the said colony or province, or to such officer or person by whom such person shall have been summoned or required to serve, or be mustered, be discharged from such personal service; provided that such person, so upon pay; desiring to be discharged from such personal service, contribute and materassesked pay such sum of money as shall be rated and assessed on him in lieu of such personal service, so as such sum shall be rated, assessed and levied, and be in such proportion, as is usually rated, assessed, levied and paid, by other persons residing in the same colony or province, who are by reason of age, sex, or other infirmity, unable to do personal service, and who are possessed of estates of the same nature as the persons desiring such discharge.
V. And to prevent any doubt which may arise, whether any per- and producson, pretending or claiming to be a member of such church or cate from congregation, is actually a member thereof, be it further enacted by some bishop the authority aforesaid, that all and every person and persons what- church, &c. soever, who shall, as a member or members of such church or congregation, claim the benefit of this act, or of any matter or thing herein contained, shall, at the time when he or they make such claim, produce a certificate signed by some bishop of the said church,
or by the pastor of such church or congregation, who shall be nearest to the place where such claim is made; and shall be examined concerning the matters contained in the said certificate, and the due execution thereof; and such person so affirming to
sionery for trade lists of
the best of his knowledge and belief in manner hereinbefore men. tioned, or proving by the testimony of other legal witness, that the said certificate was duly executed by such bishop or pastor, and also affirming, that he is actually a member of the said church, known by the name of Unitas Fratrum, or United Brethren, shall be adjudged, deemed and taken to be actually a member of the said church or
congregation, and as such shall be entitled to the benefit of this act. Penalty of
VI. And be it further enacted, that any person who shall be lawing. fully convicted of having wilfully, falsely, and corruptly affirmed or
declared in manner aforesaid, that such certificate was duly executed,
be known whether such bishops and pastors, so signing such certificates, be of the church known by the name of
Unitas Fratrum, or United Brethren, within the meaning of this act, The advocate be it further enacted, that the advocate of the said church or conthe commis- gregation of the United Brethren for the time being, shall lay, or
cause to be laid before the commissioners for trade and plantations, in the bishops order that the same may remain in their office, a list or lists of all appointed to the bishops of the said church of the United Brethren, who are ap
pointed by them to grant certificates as aforesaid, together with the handwriting, and usual seal; and that, from time to time, the said advocate shall send to the said commissioners for trade and plantations, the names, handwriting, and seals of any bishops, that shall be hereafter consecrated and appointed by them as aforesaid, and the names of such pastors as shall be authorized by the said advocate or bishops to give certificates in any of his majesty's colonies in America.
VIII. And be it enacted and declared by the authority aforesaid, that this act shall be deemed, adjudged and taken to be a public act; and shall be judicially taken notice of as such by all judges, justices, and other persons whatsoever, without specially pleading the same.
3 & 4 WILLIAM 4, CAP. 49.- An act to allow Quakers and Moravians to make a ffirmation in all cases where an oath is or shall be required.-See Title—“QUAKERS."
1 VICTORIA, CAP. 5.-An act for the relief of Quakers, Morarians, and Separatists elected to municipal offices.-See Title—“QUAKERS."
1 VICTORIA, CAP. 15.-An act for the further relief of Quakers, Moravians, and Separatists.-See Title"QUAKERS.”
FOR REFERENCE, IF NECESSAKY,
2 Inst. 74.
| Roll 154,
47 Ed. 3, 11.
9 HENRY 3, (Magna CHARTA), CAP. 36.—No land shall be given in mortmain.—It shall not be lawful from henceforth to any to give Fitz. Mortm. his lands to any religious house, and to take the same land again to Bro. Mortm. hold of the same house. Nor shall it be lawful to any house of re- 36. ligion to take the lands of any, and to lease the same to him of whom Wood's Inst. he received it. If any from henceforth give his lands to any religious house, and thereupon be convict, the gift shall be utterly void, and the land shall accrue to the lord of the fee.
3 EDWARD 1, CAP, 47.— In what case the nonage of the heir of the disseisor or disseisee shall not prejudice.-See Title—“ ABBOTS,” vol. i. p. 53.
7 EDWARD 1, Stat. 2.- Who shall take the forfeiture of lands given in mortmain.—The king to the justices of his bench greeting. Where of late it was provided, that religious men should not enter 9 11. 3, st. 1, · into the fees of any without licence and will of the chief lord, of 136, whom such fees be bolden immediately; and notwithstanding such 157, 457. religious men have entered as well into their own fees, as into the 5 H.3, st. 1 fees of other men, appropriating and buying them, and sometime & C. 36. receiving them of the gift of others, whereby the services that are 41 Ed: 3, 16, due of such fees, and which at the beginning were provided for 3 defence of the realm, are wrongfully withdrawn, and the chief lords Bro. Mortdo lease their escheats of the same: we therefore to the profit of main; 23; 24; our realm, intending to provide convenient remedy, by the advice 31, 38, 39, 41, of our prelates, earls, *barons, and other liege men of our kingdom, 50 Ed. 3, 22. being of our council
, have provided, made, and ordained, that no per- Fritz., 13. son, religious or other, whatsoever he be, that will buy or sell any Co. Lit. 2 b. lands or tenements, or under the colour of gift or lease, or that will 15 EU. 4, 13. receive by reason of any other title, whatsoever it be, lands or tene- don, 57. ments, or by any other craft or engine will presume to appropriate to
imp. 163. himself, under pain of forfeiture of the same, whereby such lands or Not in oris. tenements may anywise come into mortmain.
We have provided he aliened in also, that if any person, religious or other, do presume either by mortmain craft or engine to offend against this statute, it shall be lawful to us the forfeiture and other chief lords of the fee immediate, to enter into the land so aliened, within a year from the time of the alienation, and to hold it 3 Bulstr. 45. in fee as an inheritance. And if the chief lord immediate be neg- Who shall ligent, and will not enter into such fee within the year, then it shall take the bebe lawful to the next chief lord immediate of the same fee to enter forfeiture. into the same land within half a year next following, and to hold it as before is said; and so every lord immediate may enter into such land, if the next lord be negligent in entering into the same fee, as is aforesaid. And if all the chief lords of such fees, being of full age, within the four seas, and out of prison, be negligent or slack in this behalf for one whole year, we, immediately after the year accomplished, from the time that such purchases, gifts, or appropriations hap to be made, shall take such lands and tenements into our
thereof. 2 Bulstr. 187.