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c. 7.

rights; Be it enacted by the King's most Excellent Majesty, by and No. 5. with the advice and consent of the Lords Spiritual and Temporal, Act 10 G. 1, and Commons, in this present Parliament assembled, and by the authority of the same, that from and after the commencement of

Acts relating this Act all such parts of the said Acts as require the said declara

to Declarations tions, or either of them to be made or subscribed by any of His against TianMajesty's subjects as a qualification for sitting and voting in Par- substantiation, liament, or for the exercise or enjoyment of any office, franchise, or

repealed. civil right, be and the same are (save as hereinafter provided and excepted) hereby repealed.

II. And be it enacted, That from and after the commencement of Roman this Act it shall be lawful for any person professing the Roman Catholics Catholic religion being a peer, or who shall after the commence- may sit and

vote in Parment of this Act be returned as a member of the House of Com

liament, on mons, to sit and vote in either House of Parliament respectively, taking the being in all other respects duly qualified to sit and vote therein Oath. upon taking and subscribing the following oath, instead of the oaths of allegiance, supremacy, and abjuration :

“I, A. B., do sincerely promise and swear that I will be faithful and bear true allegiance to His Majesty King George the Fourth, and will defend him to the utmost of my power against all conspiracies and attempts whatever which shall be made against his person, crown, or dignity; and I will do my utmost endeavour to disclose and make known to His Majesty, his heirs, and successors, all treasons and traitorous conspiracies which may be formed against him or them: And I do faithfully promise to maintain, support, and defend to the utmost of my power the succession of the crown, which succession by an Act, entitled • An Act for the further Limitation of the Crown, and better securing the Rights and Liberties of the Subject,' is and stands limited to the Princess Sophia, electress of Hanover, and the heirs of her body, being protestants ; hereby utterly renouncing and abjuring any obedience or allegiance unto any other person claiming or pretending a right to the crown of this realm: And I do further declare that it is not an article of my faith, and that I do renounce, reject, and abjure the opinion that princes excommunicated or deprived by the Pope or any other authority of the see of Rome may be deposed or murdered by their subjects, or by any person whatsoever: And I do declare that I do not believe that the Pope of Rome or any other foreign prince, prelate, person, state, or potentate, hath or ought to have any temporal or civil jurisdiction, power, superiority, or pre-eminence, directly or indirectly, within this realm. I do swear that I will defend to the utmost of my power the settlement of property within this realm as established by the laws: And I do hereby disclaim, disavow, and solemnly abjure any intention to subvert the present church establishment as settled by law within this realm: And I do solemnly swear that I never will exercise any privilege to which I am or may become entitled to disturb or weaken the Protestant religion or Protestant Government in the United Kingdom: And I do solemnly, in the presence of God, profess, testify, and declare that I do make this declaration and every part thereof in the plain and ordinary sense of the words of this oath, without any evasion, equivocation, or mental reservation whatsoever,

“ SO HELP ME GOD."

c. 7.

No. 5. III. And be it further enacted, That wherever in the oath hereby Act 10 G. 4, appointed and set forth the name of His present Majesty is expressed

or referred to, the name of the sovereign of this kingdom for the

time being by virtue of the Act for the further limitation of the The Name of the Sovereign

Crown and better securing the rights and liberties of the subject, for the time

shall be substituted from time to time with proper words of referbeing to be

ence thereto. used in the

IV. Provided always, and be it further enacted, That no peer Oath.

professing the Roman Catholic religion, and no person professing No Roman

the Roman Catholic religion who shall be returned a member of Catholic capable of

the House of Commons after the commencement of this Act shall sitting or be capable of sitting or voting in either House of Parliament revoting until spectively, unless he shall first take and subscribe the oath hereinhe has taken

before appointed and set forth before the same persons, at the same the Oath.

times and places, and in the same manner as the oaths and the declaration now required by law are respectively directed to be taken, made, and subscribed; and that any such person professing the Roman Catholic religion who shall sit or vote in either House of Parliament without having first taken and subscribed in the manner aforesaid the oath in this Act appointed and set forth, shall be subject to the same penalties, forfeitures, and disabilities, and the offence of so sitting or voting shall be followed and attended by and with the same consequences as are by law enacted and provided in the case of persons sitting or voting in either House of Parliament respectively, without the taking, making, and subscribing

the oaths and the declaration now required by law. Roman

V. And be it further enacted, That it shall be lawful for persons Catholics

professing the Roman Catholic religion to vote at elections of meminay vote at

bers to serve in Parliament for England and for Ireland, and also Elections, and be elected,

to vote at the elections of representative peers of Scotland and of upon taking Ireland, and to be elected such representative peers, being in all the Oath. other respects duly qualified upon taking and subscribing the oath

hereinbefore appointed and set forth, instead of the oaths of allegiance, supremacy, and abjuration, and instead of the declaration now by law required, and instead also of such other oath or oaths as are now by law required to be taken by any of His Majesty's subjects professing the Roman Catholic religion, and upon taking also such other oath or oaths as may now be lawfully tendered to

any persons offering to vote at such elections. Oath shall be VI. And be it further enacted, That the oath hereinbefore apadministered

pointed and set forth shall be administered to His Majesty's subin the same jects professing the Roman Catholic religion for the purpose of former Oaths.

enabling them to vote in any of the cases aforesaid in the same manner, at the same time, and by the same officers or other persons as the oaths for which it is hereby substituted are or may be now by law administered; and that in all cases in which a certificate of the taking, making, or subscribing of any of the oaths or of the declaration now required by law is directed to be given a like certificate of the taking or subscribing of the oath hereby appointed

and set forth shall be given by the same officer or other person, and Persons

in the same manner as the certificate now required by law is directed administer- to be given, and shall be of the like force and effect. ing Oaths at VII. And be it further enacted, That in all cases where the perElections to

sons now authorized by law to administer the oaths of allegiance, take an Oath duly to ad

supremacy, and abjuration to persons voting at elections are themminister.

manner as

c. 7.

contained in

be elected

selves required to take an oath previous to their administering such No. 5. oaths, they shall, in addition to the oath now by them taken, take Act 10 G. 4, an oath for the duly administering the oath hereby appointed and set forth, and for the duly granting certificates of the same.

VIII. And whereas in an Act of the Parliament of Scotland So much of made in the eight and ninth session of the first Parliament of King any Acts as William the Third, entitled “ An Act for the preventing the Growth require the

Formula of Popery," a certain declaration of formula is therein contained which it is expedient should no longer be required to be taken and 8 & 9 W. 3, subscribed ; Be it therefore enacted, that such parts of any Acts as c. 3 (S.) to

be tendered authorize the said declaration or formula to be tendered, or require

or taken, the same to be taken, sworn, and subscribed, shall be and the same

repealed. are hereby repealed, except as to such offices, places, and rights as are hereinafter excepted; and that from and after the commence- Roman ment of this Act it shall be lawful for persons professing the Roman Catholics Catholic religion to elect and be elected members to serve in Par- may elect and liament for Scotland, and to be enrolled as freeholders in any Members for shire or stewartry of Scotland, and to be chosen commissioners or Scotland. delegates for choosing burgesses to serve in Parliament for any districts of burghs in Scotland, being in all other respects duly qualified, such persons always taking and subscribing the oath hereinbefore appointed and set forth instead of the oaths of allegiance and abjuration as now required by law at such time as the said last-mentioned oaths, or either of them, are now required by law to be taken.

IX. And be it further enacted, That no person in holy orders in No Roman the Church of Rome shall be capable of being elected to serve in Catholic Priest Parliament as a member of the House of Commons; and if

to sit in the any

House of such person shall be elected to serve in Parliament as aforesaid, Commons. such election shall be void; and if any person being elected to serve in Parliament as a member of the House of Commons shall, after his election, take or receive holy orders in the Church of Rome, the seat of such person shall immediately become void ; and if any such person shall in any of the cases aforesaid presume to sit or vote as a member of the House of Commons, he shall be subject to the same penalties, forfeitures, and disabilities as are enacted by an Act passed in the Forty-first year of the reign of King George the Third, entitled “ An Act to remove Doubts respecting the Eligibility of Persons in Holy Orders to sit in the House of Commons;" and proof of the celebration of any religious service by such person according to the rites of the Church of Rome shall be deemed and taken to be primâ facie evidence of the fact of such person being in holy orders within the intent and meaning of this Act.

X. And be it enacted, That it shall be lawful for any of His Roman Majesty's subjects professing the Roman Catholic religion, to hold, Catholics exercise, and enjoy all civil and military offices and places of trust may hold or profit under His Majesty, his heirs, or successors, and to exer

Military cise any

other franchise or civil right, except as hereinafter ex- Offices under cepted, upon taking and subscribing at the times and in the manner His Majesty,

with certain hereinafter mentioned the oath hereinbefore appointed and set

exceptions. forth, instead of the oaths of allegiance, supremacy, and abjuration, and instead of such other oath or oaths as are or may be now by law required to be taken for the purpose aforesaid by any of His Majesty's subjects professing the Roman Catholic religion.

c. 7.

any other

No. 5. XI. Provided always, and be it enacted, That nothing herein Act 10 G. 4, contained shall be construed to exempt any person professing the

Roman Catholic religion from the necessity of taking any oath or

oaths, or making any declaration not hereinbefore mentioned, which Not to exempt Roman Catho

are or may be by law required to be taken or subscribed by any lics from taking person on his admission into any such office or place of trust or

profit as aforesaid. Oaths required.

XII. Provided also, and be it further enacted, That nothing Offices with

herein contained shall extend or be construed to extend to enable held from Roman any person or persons professing the Roman Catholic religion to Catholics. hold or exercise the office of guardians and Justices of the United

Kingdom, or of Regent of the United Kingdom, under whatever name, style, or title such office may be constituted ; nor to enable any person otherwise than as he is now by law enabled, to hold or enjoy the office of Lord High Chancellor, Lord Keeper or Lord Commissioner of the Great Seal of Great Britain or Ireland ; or the office of Lord-Lieutenant, or Lord Deputy, or other chief Governor or Governors of Ireland; or His Majesty's High Com

missioner to the General Assembly of the Church of Scotland. Nothing herein XIII. Provided also, and be it further enacted, That nothing to repeal herein contained shall be construed to affect or alter any of the 7 G. 4, c. 72.

provisions of an Act passed in the seventh year of His present
Majesty's reign, entitled “ An Act to consolidate and amend the
Laws which regulate the Levy and Application of Church Rates and
Parish Cesses, and the Election of Church wardens, and the Main-

tenance of Parish Clerks in Ireland.” Roman

XIV. And be it enacted, That it shall be lawful for any of His Catholics may

Majesty's subjects professing the Roman Catholic religion to be a be Members of

member of any lay body corporate, and to hold any civil office or Lay Corporations.

place of trust or profit therein, and to do any corporate Act, or vote in any corporate election or other proceeding upon taking and subscribing the oath hereby appointed and set forth, instead of the oaths of allegiance, supremacy, and abjuration; and upon taking also such other oath or oaths as may now by law be required to be taken by any persons becoming members of such lay body corporate, or being admitted to hold any office or place of trust or profit

within the same. Such Members XV. Provided nevertheless, and be it further enacted, That noof Corporations thing herein contained shall extend to authorize or empower any not to vote in

of His Majesty's subjects professing the Roman Catholic religion, Ecclesiastical Appointments.

and being a member of any lay body corporate, to give any vote at, or in any manner to join in the election, presentation, or appointment of any person to any ecclesiastical benefice whatsoever, or any office or place belonging to or connected with the United Church of England and Ireland, or the Church of Scotland, being

in the gift, patronage, or disposal of such lay corporate body. Not to extend XVI. Provided also, and be it enacted, That nothing in this Act to Offices, &c., contained shall be construed to enable any persons, otherwise than in the Established Church,

as they are now by law enabled to hold, enjoy, or exercise any or Ecclesias- office, place, or dignity of, in, or belonging to the United Church tical Courts, of England and Ireland, or the Church of Scotland, or any place or Universities, office whatever of, in, or belonging to any of the Ecclesiastical Colleges, or

Courts of Judicature of England and Ireland respectively, or any Schools;

Court of Appeal from or review of the sentences of such Courts, or of, in, or belonging to the Commissary Court of Edinburgh, or

c. 7.

of, in, or belonging to any cathedral or collegiate or ecclesiastical No. 5. establishment or foundation; or any office or place whatever of, Act 10 G. 4, in, or belonging to any of the universities of this realm; or any office or place whatever, and by whatever name the same may be called, of, in, or belonging to any of the colleges or halls of the said universities, or the colleges of Eton, Westminster, or Winchester, or any college or school within this realm; or to repeal, abrogate, or in any manner to interfere with any local statute, Ordinance, or rule which is or shall be established by competent authority within any university, college, hall, or school by which Roman Catholics shall be prevented from being admitted thereto, or from residing or taking degrees therein : Provided also, that nor to Pre

sentations to nothing herein contained shall extend or be construed to extend to

Benetices. enable any person, otherwise than as he is now by law enabled, to exercise any right of presentation to any ecclesiastical benefice whatsoever; or to repeal, vary, or alter in any manner the laws now in force in respect to the right of presentation to any ecclesiastical benefice. XVII. Provided always, and be it enacted, That where any right Proviso for

Presentations of presentation to any ecclesiastical benefice shall belong to any

to Benefices office in the gift or appointment of His Majesty, his heirs, or suc- connected with cessors, and such office shall be held by a person professing the Offices. Roman Catholic religion, the right of presentation shall devolve upon and be exercised by the Archbishop of Canterbury for the time being.

XVIII. And be it enacted, That it shall not be lawful for any No Roman person professing the Roman Catholic religion, directly or indi- Catholic to rectly to advise His Majesty, his heirs, or successors, or any person or persons holding or exercising the office of guardians of the

Appointment United Kingdom, or of Regent of the United Kingdom, under what- to Offices in the ever name, style, or title such office may be constituted, or the Established Lord Lieutenant, or Lord Deputy, or other chief governor or gover- Church. nors of Ireland, touching or concerning the appointment to or disposal of any office or preferment in the United Church of England and Ireland, or in the Church of Scotland ; and if any such person shall offend in the premises, he shall, being thereof convicted by due course of law, be deemed guilty of a high misdemeanour, and disabled for ever from holding any office, civil or military, under the Crown.

XIX. And be it enacted, That every person professing the Roman Time and Catholic religion who shall after the commencement of this Act be manner of placed, elected, or chosen in or to the office of mayor, provost, for Corporate

taking Oaths alderman, recorder, bailiff, town clerk, magistrate, councillor, or Otrices. common councilman, or in or to any office of magistracy or place of trust of employment relating to the Government of any city, corporation, borough, burgh, or district within the United Kingdom of Great Britain and Ireland, shall within One calendar month next before or upon his admission into any of the same respectively, take and subscribe the oath hereinbefore appointed and set forth in the presence of such person or persons respectively as by the charters or usages of the said respective cities, corporations, burghs, boroughs, or districts ought to administer the oath for due execution of the said offices or places respectively; and in default of such in the presence of two Justices of the Peace, Councillors or Magistrates of the said cities, corporations, burghs, boroughs, or

advise the Crown in the

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