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majesties, and with the advice and consent of the lords spiritual and temporal, and commons in this present parliament assembled, and by the authority of the same, that neither the statute made in the twenty-third year of the reign of the late queen Elizabeth,* entitled, "An act to retain the queen majesty's subjects in their due obedience;" nor that statute made in the twenty-ninth year of the said queen,† entitled, "An act for the more speedy and due execution of certain branches of the statute, made in the twenty-third year of the queen's majesty's reign," viz. the aforesaid acts; nor that branch or clause of a statute made in the first year of the reign of the said queen, entitled, "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 that statute made in the third year of the late king James the First,§ entitled, "An act for the better discovering and repressing Popish recusants." Nor that after statute made in the same year,|| entitled, "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, except the statute made in the twenty-fifth year of king Charles II. entitled, "An act for preventing dangers which may happen from Popish recusants." And except also the statute made in the thirtieth year of the said king Charles II.** entitled, "An act for the more effectual preserving the king's person and government, by disabling Papists from sitting in either house of 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 parliament, entitled, "An act for removing and preventing all questions and disputes concerning the assembling and sitting of the present parliament,” shall make and subscribe the declaration + Ibid. cap. 2. ¶25 Car. II. cap. 2.

* 25 Eliz. cap. 1.

§ 3 Jac. I. cap. 4.

** 30 Car. II. stat. 2. cap. 1.

* 29 Eliz. cap. 6.
Ibid. cap. 5.

mentioned in a statute made in the thirtieth year of the reign of king Charles II. entitled, "An act to prevent Papists from sitting in either house of parliament." Which oaths and declaration the justices of peace, at the general sessions of the peace to be held for the county or place where such person shall live, are hereby required to tender and administer to such persons 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 reward, to any officer or officers belonging to the court aforesaid, above the sum of six-pence, 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 farther sum of six-pence ; for any certificate of the same, to be made out and signed by the officer or officers of the said court.

II. And be it farther enacted by the authority aforesaid, that all and every person and persons already convicted, or prosecuted in order to conviction of recusancy, by indictment, information, action of debt, or otherwise grounded upon the aforesaid statutes, or any of them, that shall take the said oaths mentioned in the said statutes made this present parliament, and make and subscribe the declaration aforesaid, in the court of exchequer, or assize, 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 farther charge what

soever.

III. And be it farther enacted by the authority aforesaid, that all and every person and persons that shall, as aforesaid, take the said oaths, and make and subscribe the declaration aforesaid, shall not be liable to any pains, penalties, or forfeitures, mentioned in an act made in the thirtyfifth year of the reign of the late queen Elizabeth,† entitled, "An act to retain the queen majesty's subjects in their due obedience." Nor in an act made in the twenty-second year of the reign of the late king Charles II. entitled, "An act to prevent and suppress seditious conventicles." Nor shall *30 Car. II. stat. 2. chap. 1. + 35 Eliz. cap. 1. 22 Car. II. cap. 1.

any of the said persons be prosecuted in any ecclesiastical court, for or by reason of their nonconforming to the church of England.

IV. Provided always, and be it enacted by the authority aforesaid, that if any assembly of persons, dissenting from the church of England, shall be held in any place for religious 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.

V. 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.

VI. And be it farther enacted by the authority aforesaid, that if any person dissenting from the church of England, as aforesaid, shall hereafter be chosen, or otherwise appointed to bear the office of high-constable, or petit-constable, churchwarden, 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.

VII. And be it farther enacted by the authority aforesaid, that no person dissenting from the church of England, in holy orders, or pretended holy orders, or pretending to holy orders, nor any preacher or teacher of any congregation of dissenting Protestants, that shall make and subscribe the declaration aforesaid,* and take the said oaths, at the general or quarter-sessions of the peace to be held 17 Car. II. cap. 2. 13 and 14. Car. II. cap. 4.

*

for the county, town, parts, or division, where such person lives, which court is hereby empowered to administer the same; and shall also declare his approbation of, and subscribe the articles of religion mentioned in the statute made in the thirteenth year of the reign of the late queen Elizabeth, except the 34th, 35th, and 36th, and these words of the 20th 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 II.† entitled, “An act for restraining Nonconformists from inhabiting in corporations;" nor the penalties mentioned in the aforesaid act made in the twentysecond 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 penalties of 1007. mentioned in an act made in the thirteenth and fourteenth of king Charles II.‡ entitled, “ An act for the uniformity of public prayers, and administering of sacraments, and other rites and ceremonies; 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.

VIII. Provided always, that the making and subscribing the said declaration, and the taking the said oaths, and making the declaration of approbation and subscription to 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 preach in any place but with the doors not locked, barred, or bolted, as aforesaid.

IX. And whereas some dissenting Protestants scruple the 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 as before † 17 Car. II. cap. 2.

* 13. Eliz. cap. 12.

13 and 14 Car. II. cap. 4.

excepted: and also except part of the 27th article teaching infant-baptism, and shall take the oaths, and make and subscribe the declaration aforesaid, in manner aforesaid; every such person shall enjoy all the privileges, benefits, and advantages, which any other dissenting minister, as aforesaid, might have or enjoy by virtue of this act.

X. And be it farther enacted by the authority aforesaid, that every teacher or preacher in holy orders, or pretended holy orders, that is a minister, preacher, or teacher, of a congregation, that shall take the oaths herein required, and make and subscribe the declaration aforesaid; and also subscribe such of the aforesaid articles of the church of England, as are required by this act manner aforesaid, shall be thenceforth exempted from serving upon any jury, or from being chosen or appointed to bear the office of churchwarden, overseer of the poor, or any other parochial or ward office, or other office in any hundred, or any shire, city, town, parish, division, or wapentake.

XI. And be it farther enacted by the authority aforesaid, that any justice of the peace may at any time hereafter require any person that goes to any meeting for exercise of religion, to make and subscribe the declaration aforesaid, and also to take the said oaths, or declaration of fidelity herein after mentioned, in case such person scruple the taking of an oath; and upon the refusal thereof, such justice of the peace is hereby required to commit such person to prison, without bail or mainprize, and to certify the name of such person to the next general or quarter-sessions of the peace to be held for that county, city, town, part, or division, where such person then resides; and if such person so committed shall, upon a second tender at the general or quarter-sessions, refuse to make and subscribe the declaration aforesaid, such person refusing shall be then and there recorded, and shall be taken thenceforth to all intents and purposes for a Popish recusant convict, and suffer accordingly, and incur all the penalties and forfeitures of the aforesaid laws.

XII. And whereas there are certain other persons, dissenters from the church of England, who scruple the taking of any oath, be it enacted by the authority aforesaid, that every such person shall make and subscribe the afore

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