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 *.

WHEREAS an act was made in the thirteenth year of the reign of the late king Charles II. entitled, "An act for the well-governing and regulating of corporations." And another act was made in the five-andtwentieth year of the reign of the said late king Charles II. entitled, "An act for the preventing dangers which may happen from Popish recusants." Both which acts were made for the security of the church of England, as by law established. Now for the better securing the said church, and quieting the minds of her majesty's Protestant subjects dissenting from the church of England, and rendering them secure in the exercise of their religious worship; as also for the farther strengthening the provision already made for the security of the succession to the crown in the house of Hanover; be it enacted by the queen's most excellent majesty, by and with the advice and consent of the lords spiritual and temporal, and commons in parliament assembled, and by the authority of the same, that if any person or persons, after the fiveand-twentieth day of March, which shall be in the year of our Lord one thousand seven hundred and twelve, either peers or commoners, who have or shall have any office or offices, civil or military, or receive any pay, salary, fee, or wages, by reason of any patent or grant from or under her majesty, or any of her majesty's predecessors, or of her heirs or successors, or shall have any command or place of trust from or under her majesty, her heirs or successors, or from any of her majesty's predecessors, or by her or their authority, or by authority derived from her or them, within that part of Great Britain called England, the dominion of Wales, or town of Berwick-upon-Tweed, or in the navy, or in the several islands of Jersey or Guernsey, or shall be admitted into any service or employment in the household or family of her majesty, her heirs or successors; or if any mayor, alderman, recorder, bailiff, townclerk, common-council-man, or other person bearing any office of magistracy, or place of trust, or other employment relating to or concerning the government of any of the respective cities, corporations, boroughs, cinque-ports, and their members, or other port towns within that part of Great Britain called England, the dominion of Wales, town of Berwick, or either of the isles aforesaid, who by the said recited acts, or either of them, were or are obliged to receive the sacrament of the Lord's supper, according to the rites and usage of the church of England, as aforesaid, shall, at any time after their admission into their respective offices or employments, or after having such patent or grant, command or place of trust, as aforesaid, during his or their continuance in such office or offices, employment or employments, or having such patent or grant, command or place of trust, or any profit or advantage from the same, knowingly or willingly resort to, or be present at, any conventicle, assembly, or meeting, within England, Wales, Berwickupon-Tweed, or the isles aforesaid, for the exercise of religion in other manner than according to the liturgy and practice of the church of England, in any place within that part of Great Britain called England, dominion of Wales, and town of Berwick-upon-Tweed, or the isles aforesaid, at which conventicle, assembly, or meeting, there shall be ten persons or more assembled together, over and besides those

10th of Queen Anne.

of the same household, if it be in any house where there is a family inhabiting, or if it be in a house or place where there is no family inhabiting, then where any such ten persons are so assembled, as aforesaid; or shall knowingly and willingly be present at any such meeting, in such house, or place, as aforesaid, although the liturgy be there used, where her majesty, whom God long preserve, and the princess Sophia, 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 forfeit 40%. to be recovered by him or them that shall sue for the same, by any action of debt, bill, plaint, or information, in any of her majesty's courts at Westminster, wherein no essoin, protection, or wager of law, shall be allowed, or any more than one imparlance.

And be it farther enacted, that every person convicted in any action to be brought, as aforesaid, or upon any information, presentment, or indictment, in any of her majesty's courts at Westminster, or at the assizes, shall be disabled from thenceforth to hold such office or offices, employment or employments, or to receive any profit or advantage by reason of them, or of any grant, as aforesaid, and shall be adjudged incapable to bear any office or employment whatsoever within that part of Great Britain called England, the dominion of Wales, or the town of Berwick-upon-Tweed, or the isles of Jersey or Guernsey.

Provided always, and be it farther enacted by the authority aforesaid, that if any person or persons who shall have been convicted as aforesaid, and thereby made incapable to hold any office or employment, or to receive any profit or advantage by reason of them, or of any grant 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 right usage of the church of England, at least three times in the year, every such person or persons shall be capable of the grant of any of the offices or employments aforesaid.

Provided also, and be it further enacted, that every such person so convicted, and afterward conforming, in manner as aforesaid, shall, at the next term after his admission into any such office or employment, 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, that no person shall suffer any punishment for any offence committed against this act, unless oath be made of such offence before some judge or justice of the peace (who is hereby empowered and required to take the said oath), within ten days after the said offence committed, and unless the said offender be prosecuted for the same within three months after the said offence committed, nor shall any

1

person be convicted for any such offence, unless upon the oaths of two eredible witnesses at the least.

Provided always, that this act, or any thing therein contained, or any offence against the same, shall not extend or be judged to take away or make void any office of inheritance, nevertheless, so as such person having or enjoying any such office of inheritance, do or shall substitute and appoint his sufficient deputy (which such officer is hereby empowered from time to time to make or change, any former law or usage to the contrary notwithstanding), to exercise the said office, until such time as the person having such office shall conform as aforesaid.

And it is hereby farther enacted and declared by the authority aforesaid, that the toleration granted to Protestant dissenters, by the act made in the first year of the reign of king William and queen Mary, entitled, "An act for exempting their majesties' Protestant subjects, dissenting from the church of England, from the penalties of certain laws," shall be, and is hereby ratified and confirmed, and that the same act shall at all times be inviolably observed, for the exempting of such Protestant dissenters as are thereby intended, from the pains and penalties therein mentioned.

And for rendering the said last-mentioned act more effectual, according to the true intent and meaning thereof, be it farther enacted and declared by the authority aforesaid, that if any person dissenting from the church of England (not in holy orders, or pretended holy orders, or pretending to holy orders, nor any preacher or teacher of any congregation), who should have been entitled to the benefit of the said last-mentioned act, if such person had duly taken, made, and subscribed, the oaths and declaration, or otherwise qualified him or herself, as required by the said act, and now is or shall be prosecuted upon or by virtue of any of the penal statutes, from which Protestant dissenters are exempted by the said act, shall, at any time during such prosecution, take, make, and subscribe, the said oaths and declaration, or, being of the people called Quakers, shall make and subscribe the aforesaid declaration, and also the declaration of fidelity, and subscribe the profession of their Christian belief according to the said act, or before any two of her majesty's justices of the peace (who are hereby required to take and return the same to the next quarter-sessions of the peace, to be there recorded), such person shall be and is hereby entitled to the benefit of the said act, as fully and effectually as if such person had duly qualified himself within the time prescribed by the said act, and shall be thenceforth exempted and discharged from all the penalties and forfeitures incurred by force of any of the aforesaid penal statutes.

And whereas it is or may be doubted whether a preacher or teacher of any congregation of dissenting Protestants, duly in all respects qualified according to the said act, be allowed, by virtue of the said act, to officiate in any congregation, in any county, other than that in which he so qualified himself, although in a congregation or place of meeting duly certified and registered as is required by the said act; be it declared and enacted by the authority aforesaid, that any such preacher or teacher, so duly qualified according to the said act, shall be and is hereby allowed to officiate in any congregation, although the same be not in the county wherein he was so qualified; provided that

the said congregation, or place of meeting, hath been, before such officiating, duly certified and registered or recorded according to the said act and such preacher or teacher shall, if required, produce a certificate of his having so qualified himself under the hand of the clerk of the peace for the county or place where he so qualified himself, which certificate such clerk of the peace is hereby required to make; and shall also, before any justice of the peace of such county or place where he shall so officiate, make and subscribe such declaration, and take such oaths as are mentioned in the act, if thereunto required.

And be it farther enacted by the authority aforesaid, that on or before the fifteenth day of June next, all advocates, writers to the signet, notaries public, and other members of the college of justice, within that part of her majesty's kingdom of Great Britain called Scotland, shall be and are hereby obliged to take and subscribe the oath appointed by the act of the sixth year of her majesty's reign, entitled, An act for the better security of her majesty's person and government," before the lords of session of the aforesaid part of her majesty's kingdom, except such of the said persons who have already taken the same and if any of the persons aforesaid do or shall neglect or refuse to take and subscribe the said oath, as aforesaid, such person shall be ipso facto adjudged incapable, and disabled in law to have, enjoy, or exercise, in any manner his said employment or practice.

And be it farther enacted by the authority aforesaid, that in all time coming, no person or persons shall be admitted to the employment of advocate, writer to the signet, notary public, or any other office belonging to the said college of justice, until he or they have taken and subscribed the aforesaid oath, in manner as is above directed.

No. XV.

The schism act, 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." *

WHEREAS by an act of parliament made in the thirteenth and fourteenth years of his late majesty king Charles II. entitled, "An act for the uniformity of public prayers, and administration of sacraments, and other rites and ceremonies; and for establishing the form of making, ordaining, and consecrating, bishops, priests, and deacons, in the church of England;" it is amongst other things enacted, that every schoolmaster keeping any public or private school, and every person instructing or teaching any youth in any house or private family, as a tutor or schoolmaster, should subscribe, before his or their respective archbishop, bishop, or ordinary of the diocess, a declaration or acknowledgment, in which, amongst other things, was contained as follows, viz. "I, A. B., do declare, that I will conform to the liturgy of the church of England, as it is now by law established;" and if any schoolmaster or other person, instructing or teaching youth in any private house or family, as a tutor or schoolmaster, should instruct or teach any youth as a tutor or schoolmaster, before licence obtained from his respective archbishop, bishop, or ordinary of the diocess,

12th of queen Anne.

according to the laws and statutes of this realm, for which he should pay twelve-pence only, and before such subscription and acknowledgment made as aforesaid, then every such schoolmaster and other, instructing and teaching, as aforesaid, should, for the first offence, suffer three months' imprisonment without bail or mainprize : and for every second and other such offence, should suffer three months' imprisonment without bail or mainprize, and also forfeit to his majesty the sum of five pounds. And whereas, notwithstanding the said act, sundry Papists, and other persons dissenting from the church of England, have taken upon them to instruct and teach youth, as tutors or schoolmasters, and have for such purpose openly set up schools and seminaries, whereby, if due and speedy remedy be not had, great danger might ensue to this church and state: for the making the said recited act more effectual, and preventing the danger aforesaid, be it enacted by the queen's most excellent majesty, by 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 every person or persons who shall, from and after the first day of August next ensuing, keep any public or private school or seminary, or teach and instruct any youth, as tutor or schoolmaster, within that part of Great Britain called England, the dominion of Wales, or town of Berwick-upon-Tweed, before such person or persons shall have subscribed so much of the said declaration and acknowledgment as is before recited, and shall have had and obtained a licence from the respective archbishop, 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 an 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 churchwardens 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 declara

tions.

And be it farther enacted by the authority aforesaid, that any person