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bishop, bishop, or ordinary of the place, under his seal of office (for which the party shall pay one shilling and no more, over and above the duties payable to her majesty for the same), and shall be thereof lawfully convicted, upon an information, presentment, or indictment, in any of her majesty's courts of record at Westminster, or at the assizes, or before justices of oyer and terminer, shall and may be committed to the common jail of such county, riding, city, or town corporate, as aforesaid, there to remain, without bail or mainprize, for the space of three months, to commence from the time that such person or persons shall be received into the said jail.
Provided always, and be it hereby enacted, that no licence shall be granted by any archbishop, bishop, or ordinary, unless the person or persons who shall sue for the same, shall produce a certificate of his or their having received the sacrament according to the usage of the church of England, in some parish-church, within the space of one year next before the grant of such licence, under the hand of the minister and one of the church wardens of the said
parish, nor until such person or persons shall have taken and subscribed the oaths of allegiance and supremacy, and abjuration, as appointed by law, and shall have made and subscribed the declaration against transubstantiation, contained in the act made in the twenty-fifth year of the reign of king Charles II. entitled, “An act for preventing dangers which may happen from Popish recusants,” before the said archbishop, bishop, or ordinary; which said oaths and declarations the said archbishop, bishop, or ordinary, is hereby empowered and required to administer and receive ; and such archbishops, bishops, and ordinaries, are required to file such certificates, and keep an exact register of the same, and of the taking and subscribing such oath and declarations.
And be it farther enacted by the authority aforesaid, that any person who shall have obtained a licence, and subscribed the declarations, and taken and subscribed the oaths, as above appointed, and shall any time after, during the time of his or their keeping any public or private school or seminary, or instructing any youth as tutor or schoolmaster, knowingly or willingly resort to or be present at any conventicle, assembly, or meeting, within England, Wales, or town of Berwick-upon-Tweed, for the exercise of religion in any other manner than according to the liturgy and practice of the church of England, or shall knowingly and willingly be present at any meeting or assembly for the exercise of religion, although the liturgy be there used, where her majesty (whom God long preserve), and the elector of Brunswick, or such others as shall from time to time be lawfully appointed to be prayed for, shall not there be prayed for in express words, according to the liturgy of the church of England, except where such particular offices of the liturgy are used, wherein there are no express directions to pray for her majesty and the royal family, shall be liable to the penalties in this act, and from thenceforth be incapable of keeping any public or private school or seminary, or instructing any youth as tutor or schoolmaster.
And be it farther enacted by the authority aforesaid, that if any person licensed as aforesaid, shall teach any other catechism than the catechism set forth in the Book of Common Prayer, the licence of such person shall from thenceforth be void, and such person shall be liable to the penalties of this act.
And be it farther enacted by the authority aforesaid, that it shall and may be lawful, to and for the bishop of the diocess, or other proper ordinary, to recite any person or persons whatsoever, keeping school or seminary, or teaching without licence as aforesaid, and to proceed against and punish such person or persons by ecclesiastical censure, subject to such appeals as in cases of ordinary jurisdiction : this act or any other law to the contrary notwithstanding.
Provided always, that no person offending against this act shall be punished twice for the same offence.
Provided also, that where any person shall be prosecuted without fraud or covin in any of the courts aforesaid, for any offence contrary to this act, the same person shall not afterward be prosecuted for the same offence in any of the said courts, whilst such former prosecution shall be pending and carried on without any wilful delay; and in case of any such after-prosecution, the person so doubly prosecuted may allege, plead, or shew forth in his defence against the same, such former prosecution, pending, or judg. ment, or sentence thereupon given, the said pleader first making oath before the judge or judges of the court, where
such after-prosecution shall be pending, and which said oath be or they are hereby empowered and required to adminis“ ter, that the said prior prosecution was not commenced or carried on by his means, or with his consent or procurement, or by any fraud or collusion of any other person to his knowledge or belief.
Provided always, that this act, or any thing therein contained, shall not extend, nor be construed to extend, to any tutor, teaching or instructing youth in any college or hall, within either of the universities of that part of Great Britain called England, nor to any tutor who shall be employed by any noblemen or noblewomen, to teach his or her own children, grandchildren, or great-grandchildren only, in his or her family; provided such tutor so teaching any nobleman or noblewoman's family, do in every respect qualify himself according to this act, except only in that of taking a licence from the bishop.
Provided also, that the penalties in this act shall not extend to any foreigner or alien of the foreign reformed churches, allowed or to be allowed by the queen's majesty, her heirs or successors, in England, for instructing or teaching any child or children, or any such foreigner or alien only, as a tutor or schoolmaster.
Provided always, and be it farther enacted by the authority aforesaid, that if any person who shall have been convicted as aforesaid, and thereby made incapable to teach or instruct any youth as aforesaid, shall, after such conviction, conform to the church of England for the space of one year, without having been present at any conventicle, assembly, or meeting, as aforesaid, and receive the sacrament of the Lord's supper, according to the rites and usage of the church of England, at least three times in that year, every such person or persons shall be again capable of having and using a licence to teach school, or to instruct youth as a tutor or schoolmaster, he or they also performing all that is made requisite thereunto by this act.
Provided also, and be it farther enacted, that every such person so convicted, and afterward conforming in manner as aforesaid, shall, at the next term after his being admitted to, or taking upon him to, teach or instruct youth as aforesaid, make oath in writing, in some one of her majesty's courts at Westminster, in public and open court, or at the
next quarter-sessions for that county or place where he shall reside, between the hours of nine and twelve in the forenoon, that he hath conformed to the church of England, for the space of one year before such his admission, without
, having been present at any conventicle, assembly, or meeting, as aforesaid, and that he hath received the sacrament of the Lord's supper at least three times in the year, which oath shall be there enrolled, and kept upon record.
Provided always, that this act shall not extend, or be construed to extend, to any person who, as a tutor or schoolmaster, shall instruct youth in reading, writing, arithmetic, or any part of mathematical learning only, so far as such mathematical learning relates to navigation, or any mechanical art only, and so as such reading, writing, arithmetic, or mathematical learning, shall be taught in the English tongue only.
And whereas by act of parliament made in Ireland, in the seventeenth and eighteenth years of his said late majesty king Charles II. entitled, “ An act for the uniformity of public prayers, and administration of the 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 Ireland ;” it is enacted, concerning schoolmasters, and other persons instructing youth in private families, in Ireland, as in and by the above-recited act is enacted concerning schoolmasters and others instructing youth in private families, in that part of Great Britain called England. And whereas it is reasonable, that where the law is the same, the remedy and means for enforcing the execution of the law should be the same; be it therefore enacted, by the authority aforesaid, that all and every the remedies, provisions, and clauses, in and by this act given, made, and enacted, shall extend, and be deemed, construed, and adjudged to extend, to Ireland, in as full and effectual manner as if Ireland had been expressly named and mentioned in all and every the clauses in this act.
The Repeal, entitled, “ An act for strengthening the
Protestant interest in these kingdoms.”
Whereas an act of parliament* was made in the tenth year of the reign of the late queen Annet entitled, “ An act for preserving the Protestant religion by better securing the church of England as by law established, and for confirming the toleration granted to Protestant dissenters, by an act entitled, 'An act for exempting their majesty's Protestant subjects dissenting from the church of England from the penalties of certain laws;' and for supplying the defects thereof, and for the farther securing the Protestant succession, by requiring the practisers of the law in North Britain to take the oaths, and subscribe the declaration therein mentioned.” And whereas part of the said act, as also another act herein after mentioned, have been found to be inconvenient; be it therefore enacted by the king's most excellent majesty, by and with the advice of the lords spiritual and temporal, and commons in parliament assembled, and by the authority of the same, that the said recited act passed in the tenth year of the late queen Anne, f from the beginning thereof to these words, “And it is hereby farther enacted and declared, by the authority aforesaid, that the toleration granted to Protestant dissenters;" and also one act made in the twelfth year of the reign of the late queen Anne, entitled, “ An act to prevent the growth of schism, and for the farther security of the churches of England and Ireland as by law established,” shall be and are hereby repealed, annulled, and made void.
Provided always, and be it enacted by the authority aforesaid, that if any mayor, bailiff, or other magistrate, in that part of Great Britain called England, the dominion of Wales, or town of Berwick-upon-Tweed, or the isles of Guernsey or Jersey, shall knowingly or willingly resort to, or be present at, any public meeting for religious worship
5th of king Geo, I. сар.
2. # 10 Annæ, cap. 2; and 12 Annæ, stat. 2. cap. 7.