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No. 5. Act 10 G. 4, c. 7.

Time and manner of taking Oaths for other offices.

Penalty on acting in Offices without taking the

Oath.

Oaths by
Military and

districts, if such there be; or otherwise in the presence of two Justices of the Peace of the respective counties, ridings, divisions, or franchises wherein the said cities, corporations, burghs, boroughs, or districts are; which said oath shall either be entered in a book, roll, or other record to be kept for that purpose, or shall be filed amongst the records of the city, corporation, burgh, borough, or district.

XX. And be it enacted, That every person professing the Roman Catholic religion, who shall after the commencement of this Act be appointed to any office, or place of trust or profit, under His Majesty, his heirs, or successors, shall, within Three calendar months next before such appointment, or otherwise shall, before he presumes to exercise or enjoy, or in any manner to act in such office or place, take and subscribe the oath herein before appointed and set forth, either in His Majesty's High Court of Chancery or in any of His Majesty's Courts of King's Bench, Common Pleas, or Exchequer, at Westminster or Dublin; or before any Judge of Assize, or in any Court of General or Quarter Sessions of the Peace in Great Britain or Ireland, for the county or place where the person so taking and subscribing the oath shall reside; or in any of His Majesty's Courts of Session, Justiciary, Exchequer, or Jury Court, or in any Sheriff or Stewart Court, or in any Burgh Court, or before the Magistrates and Councillors of any Royal Burgh in Scotland, between the hours of nine in the morning and four in the afternoon; and the proper officer of the Court in which such oath shall be so taken and subscribed shall cause the same to be preserved amongst the records of the Court; and such officer shall make, sign, and deliver a certificate of such oath having been duly taken and subscribed, as often as the same shall be demanded of him, upon payment of Two shillings and sixpence for the same; and such certificate shall be sufficient evidence of the person therein named having duly taken and subscribed such oath.

XXI. And be it enacted, That if any person professing the Roman Catholic religion shall enter upon the exercise or enjoyment of any office, or place of trust or profit under His Majesty, or of any other office or franchise, not having in the manner and at the times aforesaid taken and subscribed the oath herein before appointed and set forth, then, and in every such case, such person shall forfeit to His Majesty the sum of Two hundred pounds; and the appointment of such person to the office, place, or franchise so by him held shall become altogether void, and the office, place, or franchise shall be deemed and taken to be vacant to all intents and purposes whatsoever.

XXII. Provided always, That for and notwithstanding anything in this Act contained, the oath hereinbefore appointed and set Naval Officers. forth shall be taken by the officers in His Majesty's land and sea service, professing the Roman Catholic religion, at the same times and in the same manner as the oaths and declarations now required by law are directed to be taken, and not otherwise.

No other Oaths

necessary to be taken by Roman

Catholics.

XXIII. And be it further enacted, That from and after the passing of this Act no oath or oaths shall be tendered to or required to be taken by His Majesty's subjects professing the Roman Catholic religion, for enabling them to hold or enjoy any real or personal property, other than such as may by law be tendered to and required to be taken by His Majesty's other subjects;

c. 7.

and that the oath herein appointed and set forth, being taken and No. 5. subscribed in any of the Courts, or before any of the persons above Act 10 G. 4, mentioned, shall be of the same force and effect, to all intents and purposes, as, and shall stand in the place of, all oaths and declarations required or prescribed by any law now in force for the relief of His Majesty's Roman Catholic subjects from any disabilities, incapacities, or penalties; and the proper officer of any of the Courts above mentioned, in which any person professing the Roman Catholic religion shall demand to take and subscribe the oath herein appointed and set forth, is hereby authorized and required to administer the said oath to such person, and such officer shall make, sign, and deliver a certificate of such oath having been duly taken and subscribed, as often as the same shall be demanded of him, upon payment of One shilling; and such certificate shall be sufficient evidence of the person therein named having duly taken and subscribed such oath.

Roman

XXIV. And whereas the Protestant Episcopal Church of Titles to Sees, England and Ireland, and the doctrine, discipline, and government &c., not to be thereof, and likewise the Protestant Presbyterian Church of Scot- assumed by land, and the doctrine, discipline, and government thereof, are, by Catholics. the respective Acts of Union of England and Scotland, and of Great Britain and Ireland, established permanently and inviolably; and whereas the right and title of Archbishops to their respective provinces, of Bishops to their sees, and of Deans to their deaneries, as well in England as in Ireland, have been settled and established by law; Be it therefore enacted, That if any person after the commencement of this Act other than the person thereunto authorized by law, shall assume or use the name, style, or title of Archbishop of any province, Bishop of any bishopric, or Dean of any deanery, in England or Ireland, he shall for every such offence forfeit and pay the sum of One hundred pounds.

XXV. And be it further enacted, That if any person holding any judicial or civil office, or any mayor, provost, jurat, bailiff, or other corporate officer, shall, after the commencement of this Act, resort to or be present at any place or public meeting for religious worship in England or in Ireland, other than that of the United Church of England and Ireland, or in Scotland, other than that of the Church of Scotland as by law established, in the robe, gown, or other peculiar habit of his office, or attend with the ensign or insignia, or any part thereof, of or belonging to such his office, such person shall, being thereof convicted by due course of law, forfeit such office, and pay for every such offence the sum of One hundred pounds.

Judicial or other Officers

not to attend with Insignia of Office at any Place of Worship

other than Established

Church.

Catholic

Ecclesiastics

except in

their usual

XXVI. And be it further enacted, That if any Roman Catholic Penalty on ecclesiastic, or any member of any of the orders, communities, or Roman societies hereinafter mentioned, shall, after the commencement of this act, exercise any of the rites or ceremonies of the Roman officiating Catholic religion, or wear the habits of his order, save within the usual places of worship of the Roman Catholic religion, or in private houses, such ecclesiastic or other person shall, being thereof convicted by due course of law, forfeit for every such offence the sum of Fifty pounds. XXVII. Provided always, and be it enacted, That nothing in Not to repeal this Act contained shall in any manner repeal, alter, or affect Statute provision of an Act made in the Fifth year of His present Majesty's 5 Geo. 4, c. 25.

any

Places of
Worship.

No. 5.

reign, entitled, "An Act to repeal so much of an Act passed in the Act 10 G. 4, Ninth year of the reign of King William the Third, as relates to c. 7. Burials in suppressed Monasteries, Abbeys, or Convents in Ireland, and to make further provision with respect to the Burial in Ireland of Persons dissenting from the Established Church.”

For the Sup-
pression of
Jesuits and

other Religious
Orders of the
Church of
Rome.

Jesuits, &c. coming into

the Realm, to be banished.

Natural-born

Subjects, being Jesuits, may return into the Kingdom and be registered.

XXVIII. And whereas Jesuits and members of other religious orders, communities, or societies of the Church of Rome, bound by monastic or religious vows, are resident within the United Kingdom; and it is expedient to make provision for the gradual suppression and final prohibition of the same therein; Be it therefore enacted, That every Jesuit, and every member of any other religious order, community, or society of the Church of Rome, bound by monastic or religious vows, who at the time of the commencement of this Act shall be within the United Kingdom, shall, within Six calendar months after the commencement of this Act deliver to the Clerk of the Peace of the county or place where such person shall reside, or to his deputy, a notice or statement, in the form and containing the particulars required to be set forth in the Schedule to this Act annexed; which notice or statement such Clerk of the Peace, or his deputy, shall preserve and register amongst the records of such county or place, without any fee, and shall forthwith transmit a copy of such notice or statement to the Chief Secretary of the Lord Lieutenant or other Chief Governor or Governors of Ireland, if such person shall reside in Ireland, or if in Great Britain, to one of his Majesty's principal Secretaries of State; and in case any person shall offend in the premises, he shall forfeit and pay to His Majesty, for every calendar month during which he shall remain in the United Kingdom without having delivered such notice or statement as is herein before required, the sum of Fifty pounds.

XXIX. And be it further enacted, That if any Jesuit, or member of any such religious order, community, or society as aforesaid, shall, after the commencement of this Act, come into this realm, he shall be deemed and taken to be guilty of a misdemeanour, and being thereof lawfully convicted, shall be sentenced and ordered to be banished from the United Kingdom for the term of his natural life.

XXX. Provided always, and be it further enacted, That in case any natural-born subject of this realm, being at the time of the commencement of this Act a Jesuit, or other member of any such religious order, community, or society as aforesaid, shall, at the time of the commencement of this Act, be out of the realm, it shall be lawful for such person to return or to come into this realm; and upon such his return or coming into the realm, he is hereby required, within the space of Six calendar months after his first returning or coming into the United Kingdom, to deliver such notice or statement to the Clerk of the Peace of the county or place where he shall reside, or his deputy, for the purpose of being so registered and transmitted, as hereinbefore directed; and in case any such person shall neglect or refuse so to do, he shall for such offence forfeit and pay to His Majesty, for every calendar month during which he shall remain in the United Kingdom without having delivered such notice or statement, the sum of Fifty pounds.

XXXI. Provided also, and be it further enacted, That, notwith

standing anything hereinbefore contained, it shall be lawful for any one of His Majesty's principal Secretaries of State, being a Protestant, by a licence in writing, signed by him, to grant permission to any Jesuit, or member of any such religious order, community, or society as aforesaid, to come into the United Kingdom, and to remain therein for such period as the said Secretary of State shall think proper, not exceeding in any case the space of Six calendar months; and it shall also be lawful for any of His Majesty's principal Secretaries of State to revoke any licence so granted before the expiration of the time mentioned therein, if he shall so think fit; and if any such person to whom such licence shall have been granted shall not depart from the United Kingdom within Twenty days after the expiration of the time mentioned in such licence, or if such licence shall have been revoked, then within Twenty days after notice of such revocation shall have been given to him, every person so offending shall be deemed guilty of a misdemeanour, and, being thereof lawfully convicted, shall be sentenced and ordered to be banished from the United Kingdom for the term of his natural life.

No. 5. Act 10 G. 4,

c. 2.

The Principal
Secretaries of
State may
grant Licences
to Jesuits, &c.,

to come into
the Kingdom;

and may revoke the same.

Accounts of
Licences to
be laid before
Parliament.

Persons as
Members of

XXXII. And be it further enacted, That there shall annually be laid before both Houses of Parliament an account of all such licences as shall have been granted for the purpose herein before mentioned within the Twelve months then next preceding. XXXIII. And be it further enacted, That in case any Jesuit, or Admitting member of any such religious order, community, or society as aforesaid, shall, after the commencement of this Act, within any such Religious part of the United Kingdom, admit any person to become a regular Orders deemed a ecclesiastic, or brother, or member of any such religious order, Misdemeanour. community, or society, or be aiding or consenting thereto, or shall administer, or cause to be administered, or be aiding or assisting in the administering or taking any oath, vow, or engagement purporting or intended to bind the person taking the same to the rules, ordinances, or ceremonies of such religious order, community, or society, every person offending in the premises in England or Ireland shall be deemed guilty of a misdemeanour, and in Scotland shall be punished by fine and imprisonment.

XXXIV. And be it further enacted, That in case any person shall, after the commencement of this Act, within any part of this United Kingdom, be admitted or become a Jesuit, or brother a or member of any other such religious order, community, or society as aforesaid, such person shall be deemed and taken to be guilty of a misdemeanour, and being thereof lawfully convicted, shall be sentenced and ordered to be banished from the United Kingdom for the term of his natural life.

XXXV. And be it further enacted, That in case any person sentenced and ordered to be banished under the provisions of this Act shall not depart from the United Kingdom within Thirty days after the pronouncing of such sentence and order, it shall be lawful for His Majesty to cause such person to be conveyed to such place out of the United Kingdom as His Majesty, by the advice of His Privy Council, shall direct.

XXXVI. And be it further enacted, That if any offender who shall be so sentenced and ordered to be banished in manner afore

Any Person so admitted Member of Order, to be a Religious banished.

The Party offending may be banished by His Majesty;

and if at large after Three months, may

No. 5.

Act 10 G. 4, c. 7.

be Transported for Life.

Not to extend to Female Societies.

Penalties, how to be recovered.

Act may be altered this Session.

Commence

ment of Act,

said shall, after the end of Three calendar months from the time such sentence and order hath been pronounced, be at large within any part of the United Kingdom, without some lawful cause, every such offender being so at large as aforesaid, on being thereof lawfully convicted, shall be transported to such place as shall be appointed by His Majesty, for the term of his natural life.

XXXVII. Provided always, and be it enacted, That nothing herein contained shall extend, or be construed to extend, in any manner to affect any religious order, community, or establishment consisting of females bound by religious or monastic vows.

XXXVIII. And be it further enacted, That all penalties imposed by this Act shall and may be recovered as a debt due to His Majesty, by information to be filed in the name of His Majesty's Attorney-General for England or for Ireland, as the case may be, in the Courts of Exchequer in England or Ireland respectively, or in the name of His Majesty's Advocate-General in the Court of Exchequer in Scotland.

XXXIX. And be it further enacted, That this Act, or any part thereof, may be repealed, altered, or varied at any time within this present Session of Parliament.

XL. And be it it further enacted, That this Act shall commence and take effect at the expiration of Ten days from and after the passing thereof.

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