Papists horses above 51. value forfeited.

to for the future, by reason of his refufal or default as aforefaid. IX. And be it further enacted, That no papift, or reputed papift, fo refufing or making default as aforefaid, at any time after the fifteenth day of May, in the year of our Lord one thoufand fix hundred eighty nine, fhall or may have or keep, in his own poffeffion, or in the poffeffion of any other person to his ufe, or at his difpofition, any horfe or horfes, which fhall be above the value of five pounds, to be fold; and that any two or more juftices of the peace, from time to time, by warrant under their hands and feals, may and thall authorize any perfon or persons, with the affiftance of the conftable or his deputy, or the tythingman or headborough, when the search fhall be (who are hereby required to be aiding and affifting herein) to fearch for and feize, for the use of their Majefties and their fucceffors, all fuch horfes; which horfes are hereby declared to be forfeited to their Majefties and their fucceffors.

Penalty upon X. And be it further enacted, That if any person shall conconcealer of ceal, or be aiding or affifting in the concealing any fuch horfe or papifts horses, horfes belonging to any papist, or reputed papift fo refufing or making default as aforefaid, after the faid fifteenth day of May, fuch perfon fhall be committed to prison by fuch warrant as aforefaid, there to remain without bail or mainprize by the space of three months, and shall also forfeit and lofe to their Majefties and their fucceffors treble the value of fuch horfe or horfes; which value is to be settled as aforefaid.

Simoniacal contract

CAP. XVI.

An act that the fimoniacal promotion of one person may not prejudice another.

7HEREAS it hath often happened, that perfons fimoniack or fimoniacally promoted to benefices or ecclefiaftical livings, have enjoyed the benefit of fuch livings many years, and fometimes all their life-time, by reafon of the fecret carriage of fuch fimoniacal dealing; and after the death of fuch fimoniack perfon, another person innocent of fuch crime, and worthy of fuch preferment, being presented or promoted by another patron innocent alfo of that fimoniacal contract, have been troubled and removed upon pretence of lapfe (or otherwife) to the prejudice of the innocent patron in reverfion, and of his clerk, whereby the guilty go away with profit of his crime, and the innocent fucceeding patron and his clerk are punished, contrary to all reason and good confcience:

II. For prevention whereof, be it enacted by the King's and Queen's most excellent majefties, by and with the advice and where it fhall consent of the lords fpiritual and temporal, and commons, in not prejudice. this prefent parliament affembled, and by the authority of the fame, That after the death of the perfon fo fimoniacally promoted, the offence or contract of fimony fhall, neither by way of title in pleading, or in evidence to a jury, or otherwife, hereafter be alledged or pleaded, to the prejudice of any other patron innocent of fimony, or of his clerk by him presented or promoted, upon pretence of lapfe to the crown, metropolitan, or otherwife, unless the perfon fimoniack or fimoniacally prefented or his pa

tron,

etron, was convicted of fuch offence at the common law, or fome ecclefiaftical court, in the life-time of the perfon fimonitrack or fimoniacally promoted or prefented; any law or ftatute to the contrary notwithstanding.

III. And be it also provided, enacted, and declared by the au- Leafe made # thority aforefaid, That no leafe or leafes, really and bona fide bona fide by made, or hereafter to be made, by any fuch perfon as aforefaid fimonist good. fimoniack or fimoniacally promoted to any deanery, prebend, or parfonage, or other ecclefiaftical benefice or dignity, for good and valuable confideration, to any tenant or perfon not being privy unto, or having notice of such fimony, fhall be impeached or avoided for or by reafon of fuch fimony, but fhall be good and effectual in law, the faid fimony notwithstanding.

CAP. XVII.

An act for rectifying a mistake in a certain act of this present parliament, For the amoving papifts from the cities of London and Westminster.

WHEREAS in an act of this prefent parliament, in- Supra, c. g. tituled, An act for the amoving papifts, and reputed papifts from the cities of London and Westminster, and ten miles. distance from the fame, the county of Suflex is by mistake in the faid att inferted for the county of Effex:

into Effex.

II. Be it enacted by the King and Queen's moft excellent Suffexchanged majefties, with the advice and confent of the lords spiritual and temporal, and commons, in this prefent parliament affembled, and by the authority of the fame, That all and every` the powers and authorities by the faid recited act given to the, juftices of the peace of the county of Suffex, be and are hereby declared and enacted to extend to the county of Effex, and the juftices of peace of the faid county of Effex, and limits thereof., CAP. XVIII.

An act for exempting their Majefties proteftant fubjects, dif fenting from the church of England, from the penalties of certain laws.

ORA

ORASMUCH as fome eafe to fcrupulous confciences in the exercife of religion may be an effectual means to unite their Majefties proteftant fubjects in intereft and affection:

extend to dif

II. Be it enacted by the King's and Queen's moft excellent The feveral majefties, by and with the advice and confent of the lords fpi- laws not to ritual and temporal, and the commons, in this prefent par- fenters. liament affembled and by the authority of the fame, That neither the statute made in the three and twentieth year of the reign of the late Queen Elizabeth, intituled, An act to retain the 23 Eliz. c. 1. Queen's majefty's fubjects in their due obedience; nor the ftatute made

in the twenty ninth year of the faid Queen, intituled, An act 29 Eliz. c. 6, for the more fpeedy and due execution of certain branches of the ftatute made in the three and twentieth year of the Queen's majesty's reign, viz. the aforefaid act; nor that branch or clause of a statute made in the first year of the reign of the faid Queen, intitucommon prayer and fervice in the Eliz. c 2. church,

led, An act for the uniformity of

2

1. 14.

church, and adminiftration of the facraments; whereby all persons, having no lawful or reasonable excuse to be abfent, are required to refort to their parish church or chapel, or fome usual place where the common prayer fhall be used, upon pain of punishment by the cenfures of the church, and alfo upon pain that every person so offending shall forfeit for every fuch offence twelve pence; nor the ftatute made in the third year of the reign of the late King James the First, intituled, An act for the better difcovering and repreffing popish recufants; nor that other ftatute made in the fame year, intituled, An act to prevent and avoid dangers which may grow by popish recufants; nor any other law or statute of this realm made against papifts or popish reException. cufants, except the statute made in the five and twentieth year 15 Car. 2. c. 2. of King Charles the Second, intituled, An act for preventing dangers which may happen from popish recufants; and except alfo 30 Car.2. ftat. the ftatute made in the thirtieth year of the faid King Charles

1 Jac. 1. c. 4.

3 Jac. 1. c. 5.

3. C. I.

Supra, c. 1.

30 Car. 2. ftat.

2. C. I.

Taking decla

ration to be

the Second, intituled, An act for the more effectual preferving the King's perfon and government, by disabling papifts from fitting in either houfe of parliament; fhall be conftrued to extend to any person or perfons diffenting from the church of England, that fhall take the oaths mentioned in a ftatute made this present parliament, intituled, An act for removing and preventing all questions and difputes concerning the affembling and fitting of this prefent parliament; and fhall make and fubfcribe the declaration mentioned in a statute made in the thirtieth year of the reign of King Charles the Second, intituled, An act to prevent papifts from fitting in either house of parliament; which oaths and declaration the juftices of peace at the general feffions of the peace, to be held for the county or place where such person shall live, are hereby required to tender and administer to fuch perfons as fhall offer themselves to take, make, and subscribe the fame, and thereof to keep a register and likewife none of the gifter and cer- perfons aforefaid fhall give or pay, as any fee or reward, to any officer or officers belonging to the court aforefaid, above the fum of fix pence, nor that more than once, for his or their entry of his taking the faid oaths, and making and subscribing the faid declaration; nor above the further fum of fix pence for any certificate of the fame, to be made out and figned by the officer or officers of the said court.

registred.

Fee for re

tificate.

Perfons convicted, &c. taking the oaths, &c. fhall be dif charged.

III. And be it further enacted be the authority aforefaid, That all and every person and perfons, already convicted or profecuted in order to conviction of recufancy, by indictment, information, action of debt, or otherwife, grounded upon the aforesaid statutes, or any of them, that shall take the said oaths mentioned in the said statute made this present parliament, and make and subscribe the declaration aforefaid, in the court of exchequer, or affizes, or general or quarter feffions to be held for the county where fuch perfon lives, and to be thence respectively certified into the exchequer, fhall be thenceforth exempted and difcharged from all the penalties, feizures, forfeitures, judgments, and executions, incurred by force of any of the aforesaid statutes, without any compofition, fee, or further charge whatsoever. IV. And

IV. And be it further enacted by the authority aforefaid, That all and every person and perfons that fhall, as aforefaid, take the faid oaths, and make and subscribe the declaration aforefaid, fhall not be liable to any pains, penalties, or forfeitures, mentioned in an act made in the five and thirtieth year of the reign of the late Queen Elizabeth, intituled, An act to retain the 35 El. c. 1. Queen's majesty's fubjects in their due obedience; nor in an act made

in the two and twentieth year of the reign of the late King Charles

the Second, intituled, An act to prevent and fupprefs feditious con- 22 Car. 2. c. 1. venticles; nor fhall any of the faid perfons be profecuted in any Ecclefiaftical ecclefiaftical court, for or by reafon of their non-conforming to court. the church of England.

V. Provided always, and be it enacted by the authority afore- Private meetfaid, That if any affembly of perfons diffenting from the church ings excluded. of England thall be had in any place for religious worship with the doors locked, barred, or bolted, during any time of fuch meeting together, all and every perfon or perfons, that shall come to and be at fuch meeting, fhall not receive any benefit from this law, but be liable to all the pains and penalties of all the aforefaid laws recited in this act, for such their meeting, notwithstanding his taking the oaths and his making and subfcribing the declaration aforefaid.

VI. Provided always, That nothing herein contained fhall Tythes faved. be conftrued to exempt any of the perfons aforefaid from paying of tythes or other parochial duties, or any other duties to the church or minifter, nor from any profecution in any ecclefiaftical court or elsewhere, for the fame.

puty.

VII. And be it further enacted by the authority aforefaid, Officers fcruThat if any perfon diffenting from the church of England, as pling oaths, aforefaid, fhall hereafter be chofen or otherwise appointed to &c. allowed bear the office of high-conftable, or petit-conftable, church- to act by dewarden or overfeer of the poor, or any other parochial or ward office, and fuch perfon fhall fcruple to take upon him any of the faid offices in regard of the oaths, or any other matter or thing required by the law to be taken or done in respect of such office, every fuch person shall and may execute fuch office or employment by a fufficient deputy, by him to be provided, that fhall comply with the laws on this behalf. Provided always, the faid deputy be allowed and approved by fuch person or perfons, in fuch manner as fuch officer or officers respectively fhould by law have been allowed and approved.

VIII. And be it further enacted by the authority aforefaid, Perfons in orThat no perfon diffenting from the church of England in holy ders how exorders, or pretended holy orders, or pretending to holy orders, empted from, nor any preacher or teacher of any congregation of diffenting 17 Car. 2. c. 24 13&14Car.2. proteftants, that shall make and fubfcribe the declaration afore- c.4. faid, and take the faid oaths at the general or quarter feffions of the peace to be held for the county, town, parts, or divifion where fuch perfon lives, which court is hereby impowered to adminifter the fame, and fhall alfo declare his approbation of and fubfcribe the articles of religion mentioned in the statute made in the thirteenth year of the reign of the late Queen

C3

Elizabeth

13 Eliz. c. 12. ' Elizabeth, except the thirty-fourth, thirty-fifth, and thirtyfixth, and thefe words of the twentieth article, viz. [the church hath power to decree rites or ceremonies, and authority in controverfies of faith, and yet] thall be liable to any of the pains or penalties mentioned in an act made in the feventeenth year of the reign 17 Car, 2. c. 2. of King Charles the Second, intituled, An act for reftraining nonconformists from inhabiting in corporations; nor the penalties mentioned in the aforefaid act made in the two and twentieth year of his faid late Majefty's reign, for or by reafon of fuch perfons preaching at any meeting for the exercife of religion; nor to the penalty of one hundred pounds mentioned in an act made in the thirteenth and fourteenth of King Charles the Second, intituled, 13&14Car.2. An act for the uniformity of publick prayers, and adminiftration of facraments, and other rites and ceremonies; and for eftablishing the form of making, ordaining, and confecrating of bishops, priests, and deacons in the church of England, for officiating in any congregation for the exercife of religion permitted and allowed by this act.

Taking the oaths, &c. to be registred.

IX. Provided always, That the making and fubfcribing the faid declaration, and the taking the faid oaths, and making the 'declaration of approbation and fubfcription to the faid articles, in manner as aforefaid, by every refpective person or perfons herein before-mentioned, at fuch general or quarter feffions of the peace as aforefaid, fhall be then and there entred of record in the faid court, for which fix-pence fhall be paid to the clerk Meeting-door of the peace, and no more: provided that fuch perfon fhall not to be unlocked, at any time preach in any place, but with the doors not locked, barred, or bolted, as aforefaid.

X. And whereas fome diffenting proteftants fcruple the baptizing Anabaptifts, of infants; be it enacted by the authority aforefaid, That every perfon in pretended holy orders, or pretending to holy orders, or preacher, or teacher, that fhall fubfcribe the aforefaid articles of religion, except before excepted, and alfo except part of the feven and twentieth article touching infant baptifm, and shall take the faid oaths, and make and subscribe the declaration aforefaid, in manner aforefaid, every fuch perfon fhall enjoy all the privileges, benefits, and advantages, which any other diffenting minifter, as aforefaid, might have or enjoy by virtue of this act,

Teachers ex

fices.

XI. And be it further enacted by the authority aforefaid, einpt from of That every teacher or preacher in holy orders, or pretended holy orders, that is a minifter, preacher, or teacher of a congregation, that fhall take the oaths herein required, and make and fubfcribe the declaration aforefaid, and also subscribe fuch of the aforefaid articles of the church of England, as are required by this act in manner aforefaid, fhall be thenceforth exempted from ferving upon any jury, or from being chofen or appointed to bear the office of churchwarden, overfeer of the poor, or any other parochial or ward office or other office in any hundred of any fhire, city, town, parish, divifion, or wapentake. XII. And be it further enacted by the authority aforefaid, That every juftice of the peace may at any time hereafter require any perfon, that goes to any meeting for exercise of re

Juftice of peace may tender the Oaths, &c.

ligion,