next following, in His Majesty's High Court of Chancery, or in His Majesty's Court of King's Bench, and there in public and open Court, between the Hours of Nine of the Clock and Twelve in the Forenoon, take the several Oaths of Supremacy and Allegiance; which Oath of Allegiance is contained in the Statute made in the Third Year of King James, by Law established; and during the Time of the taking thereof by the said Person and Persons, all Pleas and Proceedings in the said respective Courts shall cease: And that all and every of the said respective Persons and Officers, not having taken the said Oaths in the said respective Courts aforesaid, shall, on or before the First Day of August 1673, at the Quarter Sessions for that County or Place where he or they shall be, inhabit,, or reside, on the Twentieth Day of May, take the said Oaths in Court, between the said Hours of Nine open and Twelve of the Clock in the Forenoon; and the said respective Officers aforesaid shall also receive the Sacrament of the Lord's Supper, according to the Usage of the Church of England, at or before the First Day of August in the Year of our Lord 1673, in some Parish Church, upon some Lord's Day, commonly called Sunday, immediately after Divine Service and Sermon. To receive the Sacrament according to the Usage of the Church of All Persons to be admitted into any Office, &c. after the First Day of Easter Term, to take the said Oaths, &c. And be it further enacted by the Authority aforesaid, That all and every Person or Persons that shall be admitted, entred, placed, or taken into any Office or Offices, Civil or Military, or shall receive any Pay, Salary, Fee, or Wages, by reason of any Patent or Grant of his Majesty, or shall have Command or Place of Trust from or under his Majesty, his Heirs or Successors, or by his or their Authority, or by Authority derived from him or them, within this Realm of England, Dominion of Wales, or Town of Berwick upon Tweed, or in his Majesty's Navy, or When and where to be taken. in the several Islands of Jersey and Guernsey, or that shall be admitted into any Service or Imployment in his Majesty's or Royal Highness's Houshold or Family, after the First Day of Easter Term aforesaid, and shall inhabit, be or reside, when he or they is or are so admitted or placed, within the Cities of London or Westminster, or within Thirty Miles of the same, shall take the said Oaths aforesaid, in the said respective Court or Courts aforesaid, in the next Term after such his or their Admittance or Admittances into the Office or Offices, Imployment or Imployments aforesaid, between the hours aforesaid, and no other; and the Proceedings to cease, as aforesaid; and that all and every such Person or Persons to be admitted after the said First Day of Easter Term, as afore said, not having taken the said Ouths in the said Courts aforesaid, shall at the Quarter Sessions for that County or Place where he or they shall reside, next after such his Admittance or Admittances into any of the said respective Offices or Imployments aforesaid, take the said several and respective Oaths, as aforesaid: And all and every such Person and Persons so to be admitted as aforesaid, shall also receive the Sacrament of the Lord's Supper, according to the Usage of the Church of England, within Three Months after his or their Admittance in, or receiving their said Authority and Imployment, in some public Church, upon some Lord's Day commonly called Sunday, immediately after Divine Service and Sermon. Quarter "And every of the said Persons in the respective Court where he takes the said Oaths, shall first deliver a Certificate of such his receiving the said Sacra ment, as aforesaid, under the Hands of the respective Minister and Churchwarden, and shall then make Proof of the Truth thereof, by Two credible Witnesses at the least upon Oath; all which shall A Certificate to be delivered into Court, of his receiving the Sacrament. be enquired of, and put upon Record in the respective Courts. "And be it further enacted by the Authority aforesaid, Whosoever shall refuse to take the Oaths, shall be adjudged incapable of any Office. That all and every the Person or Persons aforesaid, that do or shall neglect or refuse to take the said Oaths and Sacrament in the said Courts and Places, and at the respective Times aforesaid, shall be ipso facto adjudged uncapable and disabled in Law, to all Intents and Purposes whatsoever, to have, occupy, or enjoy the said Office or Offices, Imployment or Imployments, or any Part of them, or any Matter or Thing aforesaid, or any Profit or Advantage appertaining to them, or any of them; and every such Office and Place, Imployment and Imployments shall be void, and is hereby judged void. No Person shall exe cute any Office, after Refusal to take the Oaths, "And be it further enacted, That all and every such Person or Persons that shall ne glect or refuse to take the said Oaths, or the Sacrament, as aforesaid, within the Times, and in the Places aforesaid, and in the Manner aforesaid; and yet after such Neglect or Refusal shall execute any of the said Offices or Imployments, after the said Times expired, wherein he or they ought to have taken the same, and being thereupon lawfully convicted, in or upon any Information, Presentment, or Indictment, in any of the King's Courts at Westminster, or at the Assizes, every such Person and Persons shall be disabled from thenceforth to sue or use any Action, Bill, Plaint, or Information in Course of Law, or to prosecute any Suit in any Court of Equity, or to be Guardian of any Child, or Executor or Administrator of any Person, or capable of any Legacy, or Deed of Gift, or to bear any Office within this Realm of England, Dominion of Wales, or Town of Berwick upon Tweed; and shall forfeit the Sum The Pe to any The Forfeiture. of Five hundred Pounds, to be recovered by him or them that shall sue for the same, to be prosecuted by any Action of Debt, Suit, Bill, Plaint, or Information, in any of His Majesty's Courts at Westminster, wherein no Essoin, Protection, or Wager of Law, shall lie. The Names of Persons taking the Oaths, where to be registered. "And be it further enacted by the Authority aforesaid, That the Names of all and singular such Persons and Officers aforesaid, that do or shall take the Oaths aforesaid, shall be, in the respective Courts of Chancery, and King's Bench, and the Quarter Sessions inrolled, with the Day and Time of their taking the same, in Rolls made and kept only for that Intent and Purpose, and for no other; the which Rolls, as for the Court of Chancery, shall be publicly hung up in the Office of the Petty Bag, and the Roll for the King's Bench in the Crown Office of the said Court, and in some public Place in every Quarter Sessions, and there remain during the whole Term, every Term, and during the whole Time of the said Sessions, in every Quarter Sessions, for every one to resort to, and look upon, without Fee or Reward; and likewise none of the Person or Persons aforesaid shall give or pay, as any Fee or Reward to any Officer or Officers belonging to any of the Courts, as aforesaid, above the Sum of Twelve-pence for his or their Entry of his or their taking of the said Oaths "And further, That it shall and may be lawful to and for the respective Courts aforesaid, to give and administer the said Oaths aforesaid, to the Person or Persons aforesaid, in Manner as aforesaid; and upon the due Tender of any such Person or Persons to take the said Oaths, the said Courts are hereby required and enjoined to administer the same. "And be it further enacted, That if any Person or Persons, not bred up by his or their 4 6 The Fees allowed. aforesaid. Upon Tender made to the Courts, they are obliged to administer the Oaths. No Person not bred up in the Po pish Religion by his Parents shall breed up or suffer his Children to be bred in the up Popish Re. ligion. The Penalty. Parent or Parents from their Infancy in the Popish Religion, and professing themselves to be Popish Recusants, shall breed up, instruct, or educate his or their Child or Children, or suffer them to be instructed or educated in the Popish Religion; every such Person, being thereof convicted, shall be from thenceforth disabled of bearing any Office or Place of Trust or Profit in Church or State; and all such Children as shall be so brought up, instructed or educated, are and shall be hereby disabled of bearing any such Office or Place of Trust or Profit *, until he and they be perfectly reconciled and converted to the Church of England, and shall take the Oaths of Supremacy and Allegiance aforesaid, before the Justices of the Peace, in the Open Quarter Sessions of the County or Place where they shall inhabit, and thereupon receive the Sacrament of the Lord's Supper, after the Usage of the Church of England, and obtain a Certificate thereof under the Hands of Two or more of the said Justices of the Peace. At the taking of the Oaths to subscribe the Declaration following. "And be it further enacted by the Authority aforesaid, That at the same Time, when the Persons concerned in this Act shall take the aforesaid Oaths of Supremacy and Allegiance, they shall What guaranty another reason This clause appears to have been overlooked. has the Constitution in lieu of it? Here we have against the repeal, at all events, of this Act. In truth it is entirely Anti-papistical. See the Preamble. Let it not be agreed, that because the Act says "all and every person," therefore it is of universal operation, and consequently operates as a disability to Dissenters, for the Preamble teaches us how to modify the Act, and is in fact as every one knows, a key to the intent of the framers of the Act, and the mischiefs they would remedy by the same. |