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nonsuit, or discontinue his action, then the defendant shall PART II. have treble costs.

CLASS II.
No. 3.

XII. Provided always, and it is hereby enacted, That Stat. 19 no person shall be prosecuted or troubled for any offence G. 2. c. 21. against this Statute herein-before or herein-after mentioned, Treble unless the same be proved or prosecuted within eight days costs. next after the offence committed.

Act to be

&c.

Proof, &c. XIII. And it is further enacted by the authority afore- to be made said, That this Act shall be publicly read four several within times in the year, in all parish churches and public cha-eight days. pels, by the Parson, Vicar, or Curate of the respective pa- read quarrishes or chapels, immediately after Morning or Evening terly in all Prayer, on four several Sundays, (that is to say,) the Sunday churches, next after the twenty-fifth day of March, twenty-fourth day of June, twenty-ninth day of September, and twentyfifth day of December, in every year; or in case Divine service shall not be performed in any such church or chapel on any of the Sundays before mentioned, then upon the first Sunday after any of the said quarterly days on which Divine service shall happen to be performed in any such church or chapel, under the pain of forfeiting the sum of five pounds for every such omission or neglect; to be levied Penalty of by distress and sale of the offender's goods and chattels, by 5. for negvirtue of a warrant under the hand and seal of any one Justice, Mayor, Bailiff, or other chief magistrate, as aforesaid.

lect.

Clerk.

XIV. And be it further enacted by the authority afore- Fee of Is. said, That the Clerk of the Justice, Mayor, Bailiff, or other to the Juschief officer, before whom proceedings upon this Acts shall tice's, &c. be had, shall and may receive and take for the information, summons, and conviction of every offender against this Act, the sum of one shilling and no more.

c. 11. re

XV. And be it further enacted by the authority afore- 21 Jac. 1. said, That from and after the said first day of June one c. 20. and thousand seven hundred and forty-six, an Act made in the 6 & 7 W.3. twenty-first year of the reign of King James the First, in- pealed. tituled An Act to prevent and reform profane Cursing and Swearing; and also an Act made in the sixth and seventh years of the reign of King William the Third, intituled An Act for the more effectual suppressing profane Cursing and Swearing, shall be and are hereby repealed.

въ

PART II.
CLASS
III.

No. 1.

Stat. 1

W. & M. c. 18.

The several laws not to extend to Dissenters.

1.

6.

sect. 14.

CLASS III.

STATUTES RELATING TO DISSENTERS.

Anno 1 GULIELMI et MARIÆ Cap. 18.

An Act for exempting their Majesties' Protestant Subjects, dissenting from the Church of England, from the Penalties of certain Laws.

FORASMUCH as some ease to scrupulous consciences in the exercise of religion may be an effectual means to unite their Majesties' Protestant subjects in interest and affection: II. Be it enacted by the King's and Queen's most excellent Majesties, by and with the advice and consent of the Lords Spiritual and Temporal, and the Commons, in this present Parliament assembled, and by the authority of the same, That neither the Statute made in the three and twentieth year of the reign of the late Queen Elizabeth, 23 Eliz. c. intituled An Act to retain the Queen's Majesty's Subjects in their due Obedience; nor the Statute made in the twenty29 Eliz. c. ninth year of the said Queen, intituled An Act for the more speedy and due Execution of certain Branches of the Statute made in the three and twentieth year of the Queen's Majesty's Reign, viz. the aforesaid Act; nor that branch or clause of a Statute made in the first year of the reign of the said 1 Eliz. c. 2. Queen, intituled An Act for the Uniformity of Common Prayer and Service in the Church, and Administration of the Sacraments; whereby all persons, having no lawful or reasonable excuse to be absent, are required to resort to their parish church or chapel, or some usual place where the Common Prayer shall be used, upon pain of punishment by the censures of the Church, and also upon pain that every person so offending shall forfeit for every such offence twelve pence; nor the Statute made in the third year of 3 Jac. 1. c. the reign of the late King James the First, intituled An Act for the better discovering and repressing Popish Recusants; nor that other Statute made in the same year, 3 Jac. 1. c. tuled An Act to prevent and avoid Dangers which may grow by Popish Recusants; nor any other Law or Statute of this realm made against Papists or Popish Recusants, Exception. except the Statute made in the five and twentieth year of 25 Car. 2. King Charles the Second, intituled An Act for preventing Dangers which may happen from Popish Recusants 2; and

4.

5.

c. 2.

inti

Which statute requires that persons admitted to temporal offices should receive the Sacrament according to the usage of the Church of England. A bill for the repeal of this statute is now under the consideration of Parliament.

CLASS
III.

No. 1.

W. & M.

c. 18.

except also the Statute made in the thirtieth year of the PART II. said King Charles the Second, intituled An Act for the more effectual preserving the King's Person and Government, by disabling Papists from sitting in either House of Stat. 1 Parliament; shall be construed to extend to any person or persons dissenting from the Church of England, that shall take the oaths mentioned in a Statute made this present 30 Car. 2. Parliament, intituled An Act for removing and preventing stat. 2. c. 1. all Questions and Disputes concerning the assembling and Supra, c. 1. sitting of this present Parliament; and shall make and subscribe the declaration mentioned in a Statute made in the thirtieth year of the reign of King Charles the Second, intituled An Act to prevent Papists from sitting in either 30 Car. 2. House of Parliament; which oaths and declaration the Jus-st. 2. c. 1. tices of Peace at the General Sessions of the Peace, to be Taking deheld for the county or place where such person shall live, to he rea are hereby required to tender and administer to such gistered. sons as shall offer themselves to take, make, and subscribe the same, and thereof to keep a register; and likewise none of the persons aforesaid shall give or pay, as any fee or re- Fee for reward, to any officer or officers belonging to the Court afore- gister and said, above the sum of sixpence, nor that more than once, for his or their entry of his taking the said oaths, and making and subscribing the said declaration; nor above the further sum of sixpence for any certificate of the same, to be made out and signed by the officer or officers of the said Court.

per

claration

certificate.

III. And be it further enacted by the authority afore-Persons said, That all and every person and persons already con- convicted, victed or prosecuted in order to conviction of recusancy, the oaths, &c. taking by indictment, information, action of debt, or otherwise, &c shall be grounded upon the aforesaid Statutes, or any of them, that discharged. shall take the said oaths mentioned in the said Statute made this present Parliament, and make and subscribe the declaration aforesaid, in the Court of Exchequer, or Assizes, or General or Quarter Sessions to be held for the county where such person lives, and to be thence respectively certified into the Exchequer, shall be thenceforth exempted and discharged from all the penalties, seizures, forfeitures, judgments, and executions, incurred by force of any of the aforesaid Statutes, without any composition, fee, or further charge whatsoever.

IV. And be it further enacted by the authority aforesaid, That all and every person and persons that shall, as

By 10 Anu. c. 2. s. 9. any Dissenting Teacher or Preacher, duly qualified, may officiate in a congregation, although not in the county wherein he was qualified, provided such congregation has been duly certified and registered.

III. No. 1. Stat. 1

W. & M.

PART II. aforesaid, take the said oaths, and make and subscribe the CLASS declaration aforesaid, shall not be liable to any pains, penalties, or forfeitures, mentioned in an Act made in the five and thirtieth year of the reign of the late Queen Elizabeth, intituled An Act to retain the Queen's Majesty's Subjects in their due Obedience; nor in an Act made in the two and twentieth 1. year of the reign of the late King Charles the Second, intituled An Act to prevent and suppress seditious Conventicles; nor shall any of the said persons be prosecuted in Ecclesiastical Court, for or by reason of their any non-conforming to the Church of England.

c. 18.

35 El. c.

22 Car. 2.

c. 1.

Ecclesiasti

cal Court.

Private

V. Provided always, and be it enacted by the authority meetings aforesaid, That if any assembly of persons dissenting from excluded. the Church of England shall be had in any place for reli

Tithes saved.

Officers

oaths, &c.

puty.

gious worship with the doors locked, barred, or bolted, during any time of such meeting together, all and every person or persons, that shall come to and be at such meeting, shall not receive any benefit from this law, but be liable to all the pains and penalties of all the aforesaid laws recited in this Act, for such their meeting, notwithstanding his taking the oaths, and his making and subscribing the declaration aforesaid.

VI. Provided always, That nothing herein contained shall be construed to exempt any of the persons aforesaid from paying of tithes or other parochial duties, or any other duties to the Church or Minister, nor from any prosecution in any Ecclesiastical Court, or elsewhere, for the

same.

VII. And be it further enacted by the authority aforescrupling said, That if any person dissenting from the Church of allowed to England as aforesaid, shall hereafter be chosen or otheract by de- wise appointed to bear the office of High Constable or Petit Constable, Church-warden, Overseer of the poor, or any other parochial or ward office, and such person shall scruple to take upon him any of the said offices in regard of the oaths, or any other matter or thing required by the law to be taken or done in respect of such office, every such person shall and may execute such office or employment by a sufficient deputy, by him to be provided, that shall comply with the laws on this behalf. Provided always, the said deputy be allowed and approved by such person or persons, in such manner as such officer or officers respectively should by law have been allowed and approved.

Persons in

Orders how

VIII. And be it further enacted by the authority aforeexempted said, That no person dissenting from the Church of England in holy Orders, or pretended holy Orders, or pretend

from 17

Car. 2. c. 2. 13 & 14 Car. 2. c. 4.

III.

No. 1.

Stat. 1

W. & M.

c. 18.

ing to holy Orders, nor any preacher or teacher of any PART II. congregation of dissenting Protestants, that shall make and CLASS subscribe the declaration aforesaid, and take the said oaths at the General or Quarter Sessions of the Peace to be held for the county, town, parts, or division where such person lives, which Court is hereby impowered to administer the same, and shall also declare his approbation of and sub-13 Eliz. c. scribe the Articles of Religion mentioned in the Statute made 12. in the thirteenth year of the reign of the late Queen Elizabeth, except the thirty-fourth, thirty-fifth, and thirty-sixth, and these words of the twentieth Article, viz. [The Church hath power to decree rites or ceremonies, and authority in controversies of faith, and yet] shall be liable to any of the pains or penalties mentioned in an Act made in the seventeenth year of the reign of King Charles the Second, intituled An Act for restraining Non-conformists from inhabit- 17 Car. 2. c. ing in Corporations; nor the penalties mentioned in the 2. aforesaid Act made in the two and twentieth year of his said late Majesty's reign, for or by reason of such persons preaching at any meeting for the exercise of religion; nor to the penalty of one hundred pounds mentioned in an Act made in the thirteenth and fourteenth of King Charles the Second, intituled An Act for the Uniformity of public Prayers, and 13 & 14 Administration of Sacraments and other Rites and Ceremo- Car. 2. c. nies: and for establishing the Form of making, ordaining, and consecrating of Bishops, Priests, and Deacons, in the Church of England, for officiating in any congregation for the exercise of religion permitted and allowed by this Act.

4.

IX. Provided always, That the making and subscrib-Taking the ing the said declaration, and the taking the said oaths, and oaths, &c. to be remaking the declaration of approbation and subscription to gistered. the said Articles, in manner as aforesaid, by every respective person or persons herein-before mentioned, at such General or Quarter Sessions of the Peace as aforesaid, shall be then and there entered of record in the said Court, for which sixpence shall be paid to the Clerk of the Peace, and no more: Provided that such person shall not at any time Meetingpreach in any place, but with the doors not locked, barred, door to be or bolted, as aforesaid.

unlocked.

X. And whereas some dissenting Protestants scruple the Baptists. baptizing of infants; be it enacted by the authority aforesaid, That every person in pretended holy Orders, or pretending to holy Orders, or preacher, or teacher, that shall subscribe the aforesaid Articles of Religion, except before excepted, and also except part of the seven and twentieth Article touching infant baptism, and shall take the said oaths,

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