shall have

been recorded by the

peace.

or her name and description as a Roman catholic schoolmaster or schoolmistress shall have been recorded at the quarter or general clerk of the session of the peace for the county or other division or place where such school shall be situated, by the clerk of the peace of the said court, who is hereby required to record such name and description accordingly, upon demand by such person, and to give a certificate thereof to such person as shall at any time demand the same; and no person offending in the premises shall receive any benefit of this act.

No religious order, &c. to

be founded catholics, &c.

by Roman

1 Eliz. c. 1

XVII. Provided also, and be it further enacted, that nothing in this act contained shall make it lawful to found, endow, or establish any religious order or society of persons bound by monastic or religious vows, or to found, endow, or establish any school, academy, or college, by persons professing the Roman catholic religion, within these realms, or the dominions thereunto belonging; and that all uses, trusts, and dispositions, whether of real or personal property, which immediately before the said twenty-fourth day of June one thousand seven hundred and ninety-one shall be deemed to be superstitious or unlawful, shall continue to be so deemed and taken, any thing in this act contained notwithstanding.

XVIII. And whereas by an act, made in the first year of the reign of her late majesty queen Elizabeth, intituled, an act to restore to the crown the ancient jurisdiction over the estate, ecclesiastical and spiritual, and abolishing all foreign powers repugnant to the same, the persons therein mentioned were made compellable to take the oath therein mentioned, commonly called the oath of supremacy: and 3 Jac. 1, c. 4. whereas by an act made in the third year of the reign of his late majesty king James the first, intituled, an act for the better discovering and repressing popish recusants, another oath, commonly called the oath of allegiance or obedience, was required to be taken by the persons therein mentioned: and whereas by an act made in the first sess. 1, c. 8. session of the first year of the reign of king William and queen

1 W. & M.

2, c. 13.

Mary, intituled, an act for the abrogating the oaths of supremacy and allegiance, and appointing other oaths, the said oaths, so required by the said acts of the first of Elizabeth and the third of James the first, were abrogated, and a new oath of allegiance, and a new oath of supremacy, were introduced and required to be taken: and whereas 1 Geo. 1, ses. by an act made in the second session of the first year of the reign of his late majesty king George the first, intituled, an act for the further security of his majesty's person and government, and the succession of the crown in the heirs of the late princess Sophia, being protestants; and for extinguishing the hopes of the pretended prince of Wales, and his open and secret abettors; amongst other oaths thereby appointed to be taken, one is an oath of supremacy, in the same words as the oath of supremacy required by the said recited act of the first session of the first year of king William and queen Mary: and whereas, under the provisions of the said two last recited acts, persons in general are liable to have the oath of supremacy therein mentioned tendered to them, and are exposed to penalties for not taking such oath when tendered, as is required by the said two last recited acts respectively and whereas by the said act passed in the twenty-fifth year of the reign of his said majesty king Charles the second, there

be summon

is contained a declaration, commonly called the declaration against transubstantiation; be it further enacted, that, from and after the No person to said twenty-fourth day of June one thousand seven hundred and ed to take ninety-one, no person shall be summoned to take the oath and make the oath rethe declaration above mentioned, or be prosecuted for not obeying i w. & M. quired by such summons.

sess. 1, c. 8.; or the declaration required by 25 Car. 2, c. 2.;

M.ses. 1, c.9.

Roman ca

XIX. And be it also enacted, that, from and after the said twenty. nor 1 W. & fourth day of June one thousand seven hundred and ninety-one, the to extend to act passed in the first year of the reign of their majesties king tholics who William and queen Mary, intituled, an act for the removing papists, have taken and reputed papists from the cities of London and Westminster, shall the appointnot extend, or be deemed, taken, or construed to extend, to any person professing the Roman catholic religion, who shall take and subscribe the oath of allegiance, abjuration, and declaration, hereinbefore appointed to be taken and subscribed.

ed oath,

2, clause 5,

XX. And whereas by a clause in an act passed in the thirtieth 30 Car. 2, st. year of the reign of king Charles the second, intituled, an act for the recited; more effectual preserving the king's person and government, by disabling papists from sitting in either house of parliament, it was enacted, that, amongst other persons therein described, every peer of the realm of England, and member of the house of peers, and every peer of the kingdom of Scotland or of the kingdom of Ireland, being of the age of one and twenty years or upwards, not having taken the oaths and declaration therein mentioned, and who should come advisedly into or remain in the presence of the king's majesty or queen's majesty, or should come into the court or house where they or any of them reside, as well during the reign of his then majesty, as during the reigns of any his royal successors, kings or queens of England, should incur all the pains, penalties, forfeitures, and disabilities in the said act mentioned or contained, unless such peers should, in the next term after such his coming or remaining, take the said oaths, and make and subscribe the said declaration in his majesty's high court of chancery, between the hours of nine and twelve in the forenoon: now be it further enacted, that, from and and no peer after the said twenty-fourth day of June one thousand seven hundred have taken and ninety-one, no peer of Great Britain or Ireland, or member of the appointthe house of peers of Great Britain, or of the kingdom of Ireland, liable to proprofessing the Roman catholic religion, who shall take and subscribe secution unthe oath of allegiance, abjuration, and declaration, herein before appointed to be taken and subscribed, shall be liable to be prosecuted for such offence, in the said recited act of the thirtieth year king Charles the second, or be liable to any of the pains, penalties, forfeitures, and disabilities for breach of the provision in the said clause contained, or be otherwise deemed to fall within, or be affected by, any part of the said provision.

of

who shall

ed oath to be

der that act.

XXI. And whereas by an act passed in the second session of the 1 Geo. 1, ses. first year of the reign of his late majesty king George the first, inti- 2, c. 55, and tuled, an act to oblige papists to register their names and real estates, all and every such person and persons as therein are described are, in default of taking, within the time thereby limited, the several oaths of allegiance, supremacy, and abjuration, required by the said act passed in the first session of the first year of the reign of his said

3 Geo. 2, c.

late majesty king George the first hereinbefore recited, and of repeating and subscribing the declaration against transubstantiation and popery, expressed in and required by the said act passed in the second session of the thirtieth year of the reign of king Charles the second, required to register their names, and also their lands, tenements, and hereditaments, in manner and under the penalties in the said now reciting statute mentioned and expressed: and whereas 18, recited, by an act passed in the third year of the reign of his said majesty king George the first, intituled, an act for explaining an act passed in the last session of parliament, intituled, an act to oblige papists to register their names and real estates; and for enlarging the time of such registering, and for securing purchases made by protestants, and by other subsequent acts, it is enacted, that no manors, lands, or any interest therein, or rent or profit thereout, should pass, alter or change from any papist or person professing the popish religion, by any deed or will, except such deed, within six months after the date, and such will, within six months after the death of the testator, be enrolled in one of the king's courts of record at Westminster, and repealed; or within the county wherein the manors, or lands do lie: now be it further enacted, that the said two last recited acts, passed in the first and third years of the reign of his said majesty king George the first, and also such parts of all other acts as require the registry of the names and estates of persons being papists, or professing the popish religion, or being reputed to be such, shall be, and the same and no per- are hereby utterly repealed, abrogated, and made void; and from son liable to and after the said twenty-fourth day of June one thousand seven hundred and ninety-one, no person whatsoever shall be prosecuted, sued, molested, or otherwise affected by reason of not having complied with or conformed to the said hereby repealed acts and parts of acts, or any of them; and all deeds and wills shall, from and after the said twenty-fourth day of June one thousand seven hundred and ninety-one, be as good and effectual, both at law and in equity, and to and for all intents and purposes whatsoever, as if the said hereby repealed acts and parts of acts had never been made.

prosecution

for not hay

ing complied therewith.

7 & 8 W. 3, c. 4.; aud

XXII. And whereas by an act, passed in the seventh and eighth years of the reign of king William the third, intituled, an act requir ing the practisers of laws to take the oaths and subscribe the declaration 1 Geo. 1, st. therein mentioned; and an act, passed in the first year of the reign 2013, reci- of his majesty king George the first, intituled, an act for the

ted; and

further security of his majesty's person and government, and the succession of the crown in the heirs of the late princess Sophia, being protestants; and for extinguishing the hopes of the pretended prince of Wales, and his open and secret abettors, all persons acting as a counsellor at law, barrister, attorney, solicitor, clerk, or notary, by practising in any manner as such in any court or courts whatsoever, not having, before the time of such acting, taken the oaths and declaration in the said acts respectively prescribed, are made liable to the penalties in the same acts respectively mentioned: the oaths and now, be it further enacted, that the oaths and declaration in and by therein men- the said last mentioned acts respectively mentioned and appointed to be taken and subscribed by persons acting as a counsellor at law, required, but barrister, attorney, solicitor, clerk, or notary, as in the said acts

declaration

tioned no

longer to be

hereby ap

sons to act

respectively is mentioned, shall, from and after the said twenty- the oath fourth day of June one thousand seven hundred and ninety-one, be pointed, to no longer put or administered to, or required to be taken by, any qualify perperson professing the Roman catholic religion, as a qualification or as counsel requisite to enable him to act in the capacities aforesaid, or any of lors, &c. them, but the oath of allegiance, abjuration, and declaration, hereinbefore appointed to be taken and subscribed, shall, from and after the said twenty-fourth day of June one thousand seven hundred and ninety-one, be administered, taken, and subscribed to and by persons professing the Roman catholic religion, and acting or requiring to act in the capacities aforesaid, or any of them, in the stead and place of the said oaths and declaration, and every of them; and in order thereto the oath of allegiance, abjuration, and declaration, hereinbefore appointed to be taken and subscribed, may and shall be administered, taken, and subscribed in the same courts, and may and shall be registered in the same manner, as the oaths and declaration in the room of which it is hereby substituted, are by the acts so prescribing the same oaths and declaration respectively as aforesaid appointed to be administered, taken, subscribed, and registered, and when so taken, subscribed, and registered, shall, for the purpose of enabling persons professing the Roman catholic religion to act in the capacities aforesaid, or any of them, have the same effect and operation, to all intents, constructions, and purposes whatsoever, as the oaths and declaration in the room of which it is hereby substituted.

extend to

XXIII. Provided always, and be it further enacted, that nothing Act not to in this act contained shall extend, or be construed to extend, to that Scotland. part of Great Britain called Scotland.

parliament

recited.

&

33 GEORGE 3, CAP. 44.-An act for requiring a certain form of oath of abjuration, and declaration, from his majesty's subjects, professing the Roman catholic religion, in that part of Great Britain called Scotland. Whereas by an act of the parliament of Scotland, made in the eighth and ninth session of the first parliament of his late Act of the majesty king William the third, intituled, an act for preventing the of Scotland growth of popery, several penalties and disabilities are imposed upon of the 8th all persons professing the Roman catholic religion, within that part will. 3, first of the kingdom of Great Britain called Scotland, who shall refuse to parliament, make a renunciation of popery, according to the formula thereunto subjoined, in the manner therein expressed: and whereas the rigour of the aforesaid act, at the time of its passing, was chiefly judged expedient, in order to preserve the government against the attempts or efforts of those persons, who then did, or were supposed to acknowledge the temporal superiority or power of the pope, or see of Rome, over that part of the realm of Great Britain called Scotland, which is contrary to, and inconsistent with the allegiance of the subjects of the said realm: and whereas the aforesaid formula contains only a renunciation of speculative and dogmatical opinions, but imports no positive assurance of the submission and attachment of the persons making the same to the laws and constitution of the realm, or to the person of his most sacred majesty: and whereas, in and by an act of parliament, made in the thirty-first year of the 31 Geo.3,c.33 reign of his present majesty, intituled, an act to relieve, upon certain

conditions and under certain restrictions, the persons therein described, from certain penalties and disabilities, to which papists, or persons professing the popish religion, are by law subject, a certain form of oath, abjuration, and declaration was prescribed to be taken and subscribed by all persons professing the Roman catholic religion, which was found a proper and sufficient test of the loyalty of such persons who should take and subscribe the same; and upon the taking and subscribing thereof they became exempted and relieved from many pains, penalties, and disabilities to which they were before subject and liable; and by the said act it was provided, that nothing therein contained should extend to that part of Great Britain called Scotland: and whereas it is now found expedient, that one common form of oath, abjuration, and declaration, shall be taken and subscribed by all his majesty's subjects professing the Roman catholic religion, throughout the whole kingdom of Great Britain, and that similar advantages shall be annexed to the taking and subscribing of the same may it therefore please your majesty that it may be enacted; and be it enacted by the king'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 from henceforth all persons professing the Roman Scotland tak. catholic religion, within that part of the kingdom of Great Britain ing an oath, called Scotland, who shall take and subscribe the oath, abjuration, lieved from and declaration, hereinafter expressed, and in the manner hereby the penalties directed and required, shall be exempted and relieved from all the the recited pains, penalties, and disabilities imposed, enacted, revived, ratified, act of Will.3. and confirmed by the before mentioned act of the eighth and ninth session of the first parliament of king William the third, as fully and effectually, to all intents and purposes whatsoever, as if such persons had actually made the renunciation of popery thereby ordained according to the formula thereunto subjoined.

Roman catholics in

&c. to be re

imposed by

II. And be it further enacted by the authority aforesaid, that the oath, abjuration, and declaration, to be so taken and subscribed, shall be in the words following; (that is to say),

Form of oath, A. B. do hereby declare, that I do profess the Roman catholic religion :

4. B. do sincerely promise and swear, that I will be faithful and bear true allegiance to his majesty king George the third, and him will defend to the utmost of my power against all conspiracies and attempts whatever that 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, intituled, 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 and duchess dowager 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 these realms and I do swear, that I do reject and detest, as an