pains and penalties, for fuch their meeting, as if this act had not been made. cute office VII. And be it further enacted, That if any perfon profeffing Roman cathothe roman catholick religion shall hereafter be chosen or otherwise licks may exeappointed to bear the office of high conftable, or petty conftable, of conftable, churchwarden, overseer of the poor, or any other parochial or &c.by deputy. ward office, and such person shall fcruple to take upon him any of the faid 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 fufficient deputy by him to be provided, that shall comply with the laws in this behalf; but the said deputy shall be allowed and approved by such person or perfons, in such manner as fuch officer or officers respectively should by law have been allowed and approved. VIII. And be it further enacted, That every priest, or other Minifters of person in holy orders, or pretended holy orders, being a minifter, any roman cateacher, or preacher of any congregation of persons profeffing the tholick congregation who roman catholick religion, who shall take and subscribe the afore- shall take the faid oath of allegiance, abjuration, and declaration, in manner aforesaid oath, herein-before prescribed, shall from thenceforth be exempted from exemptedfrom serving upon any jury, or from being chosen or appointed to bear serving on juthe office of churchwarden, overseer of the poor, or any other parochial or ward office, or other office, in any hundred of any fhire, city, town, parish, division, or wapentake. ries, &c. to continue in IX. Provided always, and be it further enacted, That all the Laws for frelaws made and provided for the frequenting of divine service on quenting of the Lord's day, commonly called Sunday, thall be still in force, divine fervice and executed against all persons who shall offend against the faid force. laws, unless such persons shall come to fome congregation or afsembly of religious worship permitted by this act, or by an act pasled in the first year of the reign of King William and Queen Mary, intituled, An act for exempting their Majesties protestant fubjects, diffenting from the church of England, from the penalties of certain laws. con gregations, or X. And be it further enacted, That if any person or persons Penalty on do and shall, willingly and of purpose, maliciously or contemptu- perfons difoufly come into any place of congregation, or assembly of of reli- reli turbing gious worship, permitted by this act, and disquiet or disturb the imituting fame, or misuse any priest, minifter, preacher, or teacher therein, priests. such person or perfons, upon proof thereof before any justice of the peace, by two or more fufficient witnesses, shall find two sureties of the peace, to be bound, by recognizance, in the penal sum of fifty pounds, and, in default of such sureties, shall be committed to prifon, there to remain till the next general or quarter feffion, and, upon conviction of the faid offence, at the faid general or quarter session, shall suffer the pain and penalty of twenty pounds, to the use of the King's majesty, his heirs and successors. XI. Provided always, and be it further enacted, That no bene- Act not to exfit in this act contained shall extend, or be construed to extend, to tend to roman any roman catholick ecclefiaftick permitted by this act, who shall catholick ec officiate certain cafes. in &c. officiate in any place of congregation or assembly for religious worship permitted by this act, with a steeple and bell, or at any funeral in any church or church-yard, or who shall exercise any of the rites or ceremonies of his religion, or wear the habits of his order, save within some place of congregation or aflembly for religious worship permitted by this act, or in a private house, where there shall not be more than five persons assembled, besides those of the houshold, or who shall not previously to his so officiating or exercising his functions as aforesaid have taken and subscribed the oath of allegiance, abjuration, and declaration hereby appointed to be taken as aforesaid. nor to exempt XII. Provided also, and be it further enacted, That nothing roman catholicks from payhercin contained shall be construed to exempt any fuch person ing tythes, &c. profeffing the roman catholick religion, from paying tythes or other parochial duties, or any other duties to the church or minister, or from any prosecution in any ecclefiaftical court, or elsewhere, nor to repeal for the fame; or to repeal any part of the act made in the twentyany part of fixth year of the reign of his late majesty King George the Second, 26Ge0.2.0.33, intituled, An act for the better preventing of clandestine marriages, or any parts of any other statutes concerning marriages; or to give any ease, benefit, or advantage to any perfon who shall, by preaching, teaching, or writing, deny or gainsay the oath of allegiance, abjuration, and declaration, herein-before mentioned and appointed to be taken as aforesaid, or the declarations or doctrines therein contained, or any of them; or to repeal or affect any law now in force concerning the right or fucceffion to, or the limitation of, the crown. No roman XIII. And be it further enacted by the authority aforesaid, catholick who That no ecclefiaftick or other person professing the roman cathoshall take the lick religion, who shall take and subscribe the oath of allegiance, appointedoath profecutable abjuration, and declaration, herein-before mentioned and appointfor teaching ed to be taken and subscribed as aforesaid, shall be profecuted in youth; any court whatsoever, for teaching and instructing youth, as a tutor or schoolmaster, any law or ftatute to the contrary notwithstanding. but no roman catholick to hold the maf XIV. Provided always, That no person professing the roman tership of any catholick religion shall obtain or hold the mastership of any col. college or school of royal lege or school of royal foundation, or of any other endowed college or school for the education of youth, or shall keep a school in either of the universities of Oxford and Cambridge. foundation, &c. No roman catholick XV. Provided also, and be it further enacted by the authority aforesaid, That no school-master professing the roman catholick choolmatter religion shall receive into his school, for education, the child of his school any any proteftant father. child of a pro- XVI. Provided also, and be it further enacted by the authority testant father, aforesaid, That no person professing the roman catholick relinor to keep a gion shall be permitted to keep a school for the education of school until youth, until his or her name and description as a roman cathoshall have been lick school-master or school-mistress shall have been recorded at recorded by the quarter or general feffion of the peace for the county or other the clerk of divifion or place where such school shall be situated, by the clerk the peace. his name, &c. of of the peace of the faid court, who is hereby required to record such name and description accordingly, upon demand by such perfon, and to give a certificate thereof to such person as shall at any time demand the fame; and no person offending in the premises shall receive any benefit of this act. XVII. Provided also, and be it further enacted, That nothing No religious in this act contained shall make it lawful to found, endow, or order, &c. to be founded by establish any religious order or fociety of persons bound by mo- roman cathonastick or religious vows, or to found, endow, or establish any licks, &c. school, academy, or college, by persons profeffing the roman catholick religion, within these realms, or the dominions thereunto belonging; and that all uses, trusts, and dispositions, whether of real or personal property, which immediately before the faid twenty-fourth day of June one thousand seven hundred and ninetyone, shall be deemed to be superstitious or unlawful, shall continue to be so deemed and taken, any thing in this act contained notwithstanding. XVIII. And whereas by an act, made in the first year of the reign of her late majesty Queen Elizabeth, intituled, An act to restore to Eliz. c. 16 the crown the ancient jurifdiction over the estate, ecclefiaftical and spiritual, and abolishing all foreign powers repugnant to the fame, the persons therein mentioned were made compellable to take the oath therein mentioned, commonly called The Oath of Supremacy: and whereas by an act made in the third year of the reign of his late Majesty King James the First, intituled, An act for the better discover- 3 Jac. I. C. 4. ing and repreffing popish recufants, another oath, commonly called The Oath of Allegiance or Obedience, was required to be taken by the perfons therein mentioned: and whereas by an alt made in the first feffion of the first year of the reign of King William and Queen Mary, intituled, An act for the abrogating the oaths of supremacy I Gul & Mar. feff. 1. c. 8. and allegiance, and appointing other oaths, the faid oaths, so required by the faid acts of the first of Elizabeth and the third of James the First, were abrogated, and a new oath of allegiance, and a new oath of fupremacy, were introduced and required to be taken: and whereas by an act made in the second session of the first year of the reign of his late majesty King George the First, intituled, An act for the Geo.1.feff. 2. further security of his Majesty's perfon and government, and the c. 13. fucceffion of the crown in the heirs of the late princess Sophia, being proteftants; and for extinguishing the hopes of the pretended prince of Wales, and his open and secret abettors, amongst other oaths thereby appointed to be taken, one is an oath of fupremacy, in the fame words as the oath of fupremacy required by the faid recited act of the first fession of the first year of King William and Queen Mary: and whereas, under the provisions of the said two laft recited acts, persons in general are liable to have the oath of fupremacy therein mentioned tendered to them, and are exposed to penalties for not taking fuch oath when tendered, as is required by the faid two laft recited acts respectively: and whereas by the faid act passed in the twenty-fifth year of the reign of his faid majesty King Charles the Second, there is con- No perfon to tained a declaration, commonly called The Declaration against Tran- be fummoned substantiation; be it further enacted, That, from and after the to take the faid oath required by Gul. & Mar. feff. 1. c. 8. or the declaration required by 25 Car. 2. C. 2. nor I Gul. & Mar. feff. 1. to roman ca faid twenty-fourth day of June one thousand seven hundred and ninety-one, no person shall be summoned to take the oath and make the declaration above mentioned, or be profecuted for not obeying fuch summons. XIX And be it also enacted, That, from and after the faid twenty-fourth day of June one thousand seven hundred and ninety one, the act pasled in the first year of the reign of their majesties c. 9. to extend King William and Queen Mary, intituled, An att for the removing tholicks who papists, and reputed papists, from the cities of London and Westhave taken the minster, shall not extend, or be deemed, taken, or construed to appointed oath. extend, to any person profeffing the roman catholick religion, who shall take and subscribe the oath of allegiance, abjuration, and declaration, herein-before appointed to be taken and fubscribed. XX. And whereas by a clause in an act paffed in the thirtieth year 30 Car. 2. of the reign of King Charles the Second, intituled, An act for the stat. 2. clause more effectual preserving the King's person and government, by 5. recited; difabling papists from fitting in either house of parliament, it was enacted, That, amongst other persons therein described, every peer of the realm of England, and member of the house of peers, and every peer of the kingdom of Scotland, or of the kingdom of Ireland, being of the age of one-and-twenty years or upwards, not having taken the oaths and declaration therein mentioned, and who should come advisedly into or remain in the presence of the King's majesty or Qusen's majesty, or should come into the court or house where they or any of them refide, as well during the reign of his then Majesty, as during the reigns of any bis royal fucceffors, Kings or Queens of England, should incur all the pains, penalties, forfeitures, and disabilities in the faid act mentioned or contained, unless fuch peers should, in the next term after fuch his coming or remaining, take the faid oaths, and make and subscribe the faid declaration in his Majesty's high court of chancery, between the hours of nine and twelve in the forenoon: now be it further enacted, That, from and after the faid twenty-fourth day of June and no peer who shall have one thousand feven hundred and ninety-one, no peer of Great taken the ap- Britain or Ireland, or member of the house of peers of Great Bripointed oath to be liable to tain, or of the kingdom of Ireland, profeffing the roman catholick prosecution religion, who shall take and subscribe the oath of allegiance, abunder that act. juration, and declaration, herein-before appointed to be taken and subscribed, shall be liable to be profecuted for fuch offence, in the said recited act of the thirtieth year of King Charles the Second, or be liable to any of the pains, penalties, forfeitures, and disabilities for breach of the provision in the faid clause contained, or be otherwise deemed to fall within, or be affected by, any part of the faid provifion. XXI. And whereas by an act paffed in the second session of the first year of the reign of his late majesty King George the First, intituled, Geo.1.feff.2. An act to oblige papists to regifter their names and real estates, c. 55. and all and every fuch person and perfons as therein are described are, in default of taking, within the time thereby limited, the several oaths of allegiance, fupremacy, and abjuration, required by the faid act paffed in the first feffion of the first year of the reign of his faid late majesty King George the First herein-before recited, and of repeating and fubScribing fcribing the declaration against transubstantiation and popery, expressed in and required by the faid act passed in the second session of the thirtieth year of the reign of King Charles the Second, required to register their names, and alfo their lands, tenements, and hereditaments, in manner and under the penalties in the faid now reciting ftatute mentioned and expreffed: and whereas by an act, paffed in the third year of the reign of his faid majesty King George the First, intituled, An act for ex- 3 Geo. 1.c. 18. plaining an act, passed in the last seffion of parliament, intituled, recited, " An act to oblige papists to register their names and real estates;" and for enlarging the time of such registering, and for fecuring purchases made by protestants, and by other fubfequent alts, it is enacted, That no manors, lands, or any interest therein, or rent or profit thereout, shall pass, alter, or change from any papist or perfon profeffing the popish religion by any deed or will, except fuch deed within fix months after the date, and fuch will within fix months after the death of the teftator, be inrolled in one of the King's courts of record at Weftminster, or within the county wherein the manors or lands do lie : now be it further enacted, That the said two last recited acts, and repealed; passed in the first and third years of the reign of his faid majesty King George the First, and also such parts of all other acts as require the registery of the names and estates of persons being papifts, or profeffing the popish religion, or being reputed to be such, shall be, and the same are hereby utterly repealed, abrogated, and made void; and from and after the said twenty-fourth day of June and no person one thousand seven hundred and ninety-one, no person whatsoever liable to proshall be profecuted, sued, molested, or otherwise affected by reason secution for of not having complied with or conformed to the faid hereby re- complied pealed acts and parts of acts or any of them; and all deeds and therewith. wills shall, from and after the said twenty-fourth day of June one thousand seven hundred and ninety-one, be as good and effectual, both at law and in equity, and to and for all intents and purposes whatsoever, as if the said hereby repealed acts and parts of acts had never been made. not having XXII. And whereas by an act, passed in the seventh and eighth years of the reign of King William the Third, intituled, An act re- 7 & 8 Gul. 3. quiring the practisers of laws to take the oaths and subscribe the c. 4. and declaration therein mentioned; and an act, paffed in the first year of the reign of his majesty King George the First, intituled, An act for I Geo. 1. the further security of his Majesty's person and government, and stat. 2. C. 13. the succession of the crown in the heirs of the late princess Sophia, recited; and being proteftants; and for extinguishing the hopes of the pretended prince of Wales, and his open and fecret abettors, all perfons acting as a counsellor at law, barrister, attorney, folicitor, clerk, or notary, by practising in any manner as fuch in any court or courts whatsoever, not having, before the time of such acting, taken the oaths and declaration in the faid acts respectively prescribed, are made liable to the penalties in the same acts respectively mentioned: now, be it further enacted, That the oaths and declaration in and by the faid the oaths and laft-mentioned acts respectively mentioned and appointed to be declaration taken and subscribed by persons acting as a counsellor at law, bar- tioned no rifter, attorney, solicitor, clerk, or notafy, as in the faid acts re- longer to be spectively required, but therein men |