pains and penalties, for fuch their meeting, as if this act had not been made. cute the office VII. And be it further enacted, That if any perfon profeffing Roman cathothe roman catholick religion fhall hereafter be chofen or otherwife licks may exeappointed to bear the office of high conftable, or petty conftable, of conftable, churchwarden, overfeer of the poor, or any other parochial or &c.by deputy. ward office, and fuch perfon fhall 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 fuch office or employment by a fufficient deputy by him to be provided, that fhall comply with the laws in this behalf; but the faid deputy shall be allowed and approved by fuch perfon or perfons, in fuch manner as fuch officer or officers refpectively fhould by law have been allowed and approved. tholick con VIII. And be it further enacted, That every prieft, or other Ministers of perfon in holy orders, or pretended holy orders, being a minifter, any roman ca teacher, or preacher of any congregation of perfons profeffing the gregation who roman catholick religion, who fhall take and fubfcribe the afore- fhall take the faid oath of allegiance, abjuration, and declaration, in manner aforefaid oath, herein-before prescribed, fhall from thenceforth be exempted from exemptedfrom ferving upon any jury, or from being chofen or appointed to bear ferving on juthe office of churchwarden, overfeer of the poor, or any other parochial or ward office, or other office, in any hundred of any fhire, city, town, parifh, divifion, or wapentake. ries, &c. to continue in force. IX. Provided always, and be it further enacted, That all the Laws for frelaws made and provided for the frequenting of divine fervice on quenting of the Lord's day, commonly called Sunday, fhall be ftill in force, divine fervice and executed against all perfons who fhall offend against the said laws, unless fuch perfons fhall come to fome congregation or affembly of religious worship permitted by this act, or by an act paffed in the first year of the reign of King William and Queen Mary, intituled, An act for exempting their Majefties proteftant fubjects, diffenting from the church of England, from the penalties of certain laws. gregations, or X. And be it further enacted, That if any perfon or perfons Penalty on do and fhall, willingly and of purpose, maliciously or contemptu- perfons ditoufly come into any place of congregation, or affembly of reli- turbing congious worship, permitted by this act, and difquiet or disturb the mituting fame, or misuse any prieft, minifter, preacher, or teacher therein, priefs. such person or perfons, upon proof thereof before any juftice of -the peace, by two or more fufficient witneffes, fhall find two fureties of the peace, to be bound, by recognizance, in the penal fum of fifty pounds, and, in default of fuch fureties, fhall be committed to prifon, there to remain till the next general or quarter felfion, and, upon conviction of the faid offence, at the faid general or quarter feffion, fhall fuffer the pain and penalty of twenty pounds, to the use of the King's majefty, his heirs and fucceflors. XI. Provided always, and be it further enacted, That no bene. Act not to exfit in this act contained fhall extend, or be conftrued to extend, to tend to roman catholick ecany roman catholick ecclefiaftick permitted by this act, who shall clefiafticks in officiate certain cafes. nor to exempt roman catholicks from pay nor to repeal any part of 26Geo.2.c.33, &c. officiate in any place of congregation or affembly for religious worship permitted by this act, with a steeple and bell, or at any funeral in any church or church-yard, or who fhall exercife any of the rites or ceremonies of his religion, or wear the habits of his order, fave within fome place of congregation or affembly for religious worship permitted by this act, or in a private house, where there fhall not be more than five perfons affembled, befides those of the houfhold, or who fhall not previoufly to his fo officiating or exercifing his functions as aforesaid have taken and subscribed the oath of allegiance, abjuration, and declaration hereby appointed to be taken as aforefaid. XII. Provided alfo, and be it further enacted, That nothing hercin contained fhall be conftrued to exempt any fuch perfon 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 profecution in any ecclefiaftical court, or elsewhere, for the fame; or to repeal any part of the act made in the twentyfixth year of the reign of his late majesty King George the Second, intituled, An act for the better preventing of clandeftine marriages, or any parts of any other ftatutes concerning marriages; or to give any ease, benefit, or advantage to any person who fhall, by preaching, teaching, or writing, deny or gainfay the oath of allegiance, abjuration, and declaration, herein-before mentioned and appointed to be taken as aforefaid, 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 aforefaid, catholick who That no ecclefiaftick or other perfon profeffing the roman cathofhall take the lick religion, who fhall take and fubfcribe the oath of allegiance, appointedoath profecutable abjuration, and declaration, herein-before mentioned and appointfor teaching ed to be taken and fubfcribed as aforefaid, fhall be profecuted in youth; any court whatsoever, for teaching and instructing youth, as a tutor or schoolmafter, any law or ftatute to the contrary notwithCatholick to ftanding. but no roman hold the maf. XIV. Provided always, That no perfon profeffing the roman tership of any catholick religion fhall obtain or hold the maftership of any col. lege or school of royal foundation, or of any other endowed college or school for the education of youth, or fhall keep a school in either of the univerfities of Oxford and Cambridge. college or school of royal foundation, &c. No roman catholick XV. Provided also, and be it further enacted by the authority aforefaid, That no fchool-mafter profeffing the roman catholick fchool mafter religion fhall receive into his fchool, for education, the child of any proteftant father. to educate in his school any child of a pro XVI. Provided alfo, and be it further enacted by the authority testant father, aforefaid, That no perfon profeffing the roman catholick relinor to keep a gion fhall be permitted to keep a fchool for the education of fchool until youth, until his or her name and defcription as a roman cathohis name, &c. lick school-mafter or school-miftrefs fhall have been recorded at recorded by the quarter or general feffion of the peace for the county or other divifion or place where fuch school fhall be fituated, by the clerk fhall have been the clerk of the peace. of of the peace of the faid court, who is hereby required to record such name and description accordingly, upon demand by fuch perfon, and to give a certificate thereof to fuch perfon as fhall at any time demand the fame; and no perfon offending in the premises fhall receive any benefit of this act. XVII. Provided alfo, and be it further enacted, That nothing No religious in this act contained fhall make it lawful to found, endow, or order, &c. to be founded by establish any religious order or fociety of perfons bound by mo- roman cathonaftick or religious vows, or to found, endow, or establish any licks, &c. school, academy, or college, by perfons profeffing the roman catholick religion, within thefe realms, or the dominions thereunto belonging; and that all uses, trufts, and difpofitions, whether of real or perfonal property, which immediately before the faid twenty-fourth day of June one thousand seven hundred and ninetyone, fhall be deemed to be fuperftitious or unlawful, fhall continue to be fo deemed and taken, any thing in this act contained notwithstanding. I 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 1 Eliz. c. 1. the crown the ancient jurifdiction over the eftate, ecclesiastical and spiritual, and abolishing all foreign powers repugnant to the fame, the perfons 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 difcover- 3 Jac. 1. c. 4. ing and repreffing popifh 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 act made in the firft feffion of the first year of the reign of King William and Queen Mary, intituled, An act for the abrogating the oaths of fupremacy 1 Gul & Mar. and allegiance, and appointing other oaths, the faid oaths, fo re- feff. 1. c. 8. quired 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 fecond feffion of the first year of the reign of his late majesty King George the First, intituled, An act for the 1Geo. 1.feff. 2. further fecurity of his Majefty's perfon and government, and the c. 13. fucceffion of the crown in the heirs of the late princefs Sophia, being proteftants; and for extinguishing the hopes of the pretended prince of Wales, and his open and fecret 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 feffion of the first year of King William and Queen Mary: and whereas, under the provifions of the faid two laft recited acts, perfons in general are liable to have the oath of fupremacy therein mentioned tendered to them, and are expofed to penalties for not taking fuch oath when tendered, as is required by the faid two laft recited acts refpectively: and whereas by the faid act paffed 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 fubftantiation; be it further enacted, That, from and after the to take the faid oath required by 1 Gul. & Mar. feff. 1. c. 8. or the declaration required by 25 Car. 2. c. 2. nor i Gul. & Mar. feff. I. c. 9. to extend to roman ca tholicks who 30 Car. 2. ftat. 2. claufe 5. recited; faid twenty-fourth day of June one thousand feven 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 fummons. XIX And be it also enacted, That, from and after the faid twenty-fourth day of June one thoufand feven hundred and ninetyone, the act pafled in the first year of the reign of their majefties King William and Queen Mary, intituled, An act for the removing papifts, and reputed papifts, from the cities of London and Weftminfter, fhall not extend, or be deemed, taken, or conftrued to extend, to any perfon profeffing the roman catholick religion, who fhall take and fubfcribe the oath of allegiance, abjuration, and declaration, herein-before appointed to be taken and fubfcribed. XX. And whereas by a claufe in an act paffed in the thirtieth year of the reign of King Charles the Second, intituled, An act for the more effectual preferving the King's perfon and government, by difabling papifts from fitting in either houfe of parliament, it was enacted, That, amongst other perfons therein defcribed, 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 advifedly into or remain in the prefence of the King's majesty or Queen's majesty, or fhould come into the court or houfe where they or any of them refide, as well during the reign of his then Majefty, as during the reigns of any his royal fucceffors, Kings or Queens of England, fhould incur all the pains, penalties, forfeitures, and difabilities in the faid act mentioned or contained, unless fuch peers fhould, in the next term after fuch his coming or remaining, take the faid oaths, and make and fubfcribe the faid declaration in his Majefty'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 one thousand feven hundred and ninety-one, no peer of Great Britain or Ireland, or member of the house of peers of Great Britain, or of the kingdom of Ireland, profeffing the roman catholick profecution religion, who fhall take and fubfcribe the oath of allegiance, abunder that act. juration, and declaration, herein-before appointed to be taken and fubfcribed, fhall be liable to be profecuted for fuch offence, in the faid recited act of the thirtieth year of King Charles the Second, or be liable to any of the pains, penalties, forfeitures, and difabilities for breach of the provifion in the faid claufe contained, or be otherwise deemed to fall within, or be affected by, any part of the faid provifion. and no peer who fhall have taken the appointed oath to be liable to 1 Geo.1.feff.2. c. 55. and XXI. And whereas by an act paffed in the fecond feffion of the first year of the reign of his late majesty King George the First, intituled, An act to oblige papifts to regifter their names and real eftates, all and every fuch perfon and perfons as therein are defcribed are, in default of taking, within the time thereby limited, the feveral oaths of allegiance, fupremacy, and abjuration, required by the faid act passed in the first feffion of the first year of the reign of his faid late majefty King George the First herein-before recited, and of repeating and fub fcribing fcribing the declaration against tranfubftantiation and popery, expressed XXII. And whereas by an act, passed in the feventh and eighth the reign of his majesty King George the First, intituled, An act for 1 Geo. 1. therein men |