1660. 1689. 1902. The King answereth. With a will- The things which I have here shall appertain unto them or any of them? King. All this I promise to do. The things which I have here King. All this I promise to do. The things which I have here (From the Form and Order of the XV THE OATHS OF SUPREMACY AND ALLEGIANCE 1 Will. and Mar. Cap. 8, 1689 (1688). An Act for the abrogating of the oaths of supremacy and allegiance, and appointing other oaths. (I. abrogates 1 Eliz. c. 1; 3 and 4 Ja. I. c. 4. II. abrogates the old oaths. III. provides how the new oaths are to be taken, and before whom. IV. and V., that all persons in office are to take the oath, on penalty, VI., of voiding the office.) VII. And be it further enacted... That any archbishop, or bishop, or any other person now having any ecclesiastical dignity, benefice or promotion shall neglect or refuse to take the oaths by this act appointed . . . every such person is . . . suspended from the execution of his office by the space of six months. and if the said person shall not within the said space of six months take the said oaths . . . then he . . . shall be ipso facto deprived of his . . . office, benefice, dignity and promotion ecclesiastical. (VIII. The same provided for "any person ... now being master, governor, head or fellow of any college or hall, in either of the two universities, or of any other college, or master of any hospital or school, or professor of divinity, law, physic or other science in either of the said universities, or in the city of London. . . ." IX. Penalties for refusal to take the oath on tender. A third refusal to do so shall bring the offenders under 30 Car. II. Stat. 2, c. 1, and he shall be deemed a "popish recusant convict." X. Land and sea officers to take the oath.) XI. And be it further enacted, That the oath appointed by the statute made in the thirteenth and fourteenth year of King Charles the second,1... the form and words of which oath are in the same statute expressed; and also so much of a declaration prescribed in another act made in the same year, intituled, An act for the uniformity of public prayers,2 . . as is expressed in these words, (viz.) 'I A. B. declare, That it is not lawful upon any pretence whatsoever to take arms against the king,and that I do abhor that traitorous position of taking arms by his authority against his person, or against those that are commissioners by him'; 1 13 and 14 Cha. II. c. 3 (see p. 10). 2 13 and 14 Cha. II. c. 4 (see p. 12). shall not from henceforth be required or enjoined, not any person suffer any forfeiture, penalty, or loss, by the not taking, subscribing or making the said oath, or the said recited part of the said declaration; the last fore-mentioned statutes, or any other law or statute to the contrary notwithstanding. XII. And be it enacted, That the oaths that are intended and required to be taken by this act, are the oaths in these express words hereafter following; (For the terms of the oath see 1 Will. and Mar. c. 1, p. 55.) XIII. And be it further enacted . . . That the names of all and singular such persons and officers aforesaid that do or shall, in the courts of Chancery and King's Bench, and the quarter sessions, take the oaths by this act required . . . shall be in the said 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. ... (XIV. and XV. Provision for members of Corporations and officers who could not take the abrogated oaths. XVI. The King may allow to twelve of the nonjurant clergy subsistence.) (See Rogers, P.L. i. 71, 72, 77; Macaulay, H.E. i. 704 et seq., ii. 97 et seq.; Lathbury, The Non-Jurors; Overton, The Non-Jurors; Parlt. Hist. v.; Perry, H.C.E. iii. xxxv.) XVI THE TOLERATION ACT 1 Will. and Mar. Cap. 18, 1689. An Act for exempting their Majesties Protestant Subjects, differing from the Church of England, from the Penalties of certain Laws. Forasmuch as some ease to scrupulous consciences in the exercise of religion may be an effectual means to unite their Majesties' protestant subjects in interest and affection: II. Be it enacted . . . 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 Queen's Majesty's1 subjects in their due obedience; nor the statute made in the twenty-ninth year of the 123 Eliz. c. 1 (Prothero, C.D. 74). said Queen, intituled An act2 for the more speedy and due execution of certain branches of the statute made in the three and twentieth year of the Queen's Majesty's reign, viz. the aforesaid act; nor that branch or clause of a statute made in the first year of the reign of the said Queen, intituled, An acts for the uniformity of common prayer and service in the church, . . . by all persons, having no lawful or reasonable excuse to be absent, are required to resort to their parish church or chapel, or some usual place where the common prayer shall be used, upon pain of punishment by the censures of the church, and also upon pain that every person so offending shall forfeit for every such offence twelve pence; nor the statute1 made in the third year of the reign of the late King James the first, intituled, An act for the better discovering and repressing popish recusants; nor that other statute made in the same year, intituled An Act to prevent and avoid dangers which may grow by popish recusants; nor any other law or statute of this realm made against papists or popish recusants; except the statute made in the five and twentieth year of King Charles the second," intituled, An act for preventing dangers which may happen from popish recusants; and except also the statute? made in the thirtieth year of the said King Charles the second, intituled an Act for the more effectual preserving the King's person and government, by disabling papists from sitting in either house of parliament; shall be construed to extend to any person or persons dissenting from the church of England, that shall take the oaths mentioned in a statutes made by this present parliament, . . . and that shall make and subscribe the declaration mentioned in a statute made in the thirtieth year of the reign of King Charles the second," ... which oaths and declaration the justices of peace at the general sessions of the peace, are hereby required to tender and administer to such persons as shall offer themselves to take, make, and subscribe the same, and thereof to keep a register and likewise none of the persons aforesaid shall give or pay, as any fee or reward, to any officer or officers belonging to the court aforesaid, above the sum of sixpence, nor that more than once, for his or their entry of his taking the said oaths, and making and subscribing the said 2 28 and 29 Eliz. c. 6 (Prothero, C.D. 88). ... 3 1 Eliz. c. 2 (Prothero, p. 13). 4 3 and 4 Ja. I. c. 4 (Prothero, p. 256). 5 3 and 4 Ja. I. c. 5 (Prothero, p. 262). 6 25 Cha. II. c. 2 (see p. 39). 7 30 Cha. II. St. 2, c. i. 8 1 Will. and Mar. c. i. (see p. 55). declaration; nor above the further sum of sixpence for any certificate of the same, to be made out and signed by the officer or officers of the said court. ... III. And be it further enacted . . . That all persons already convicted or prosecuted in order to conviction of recusancy, grounded upon the aforesaid statutes, or any of them, that shall take the said oaths mentioned in the said statute 10 in this present parliament, and make and subscribe the declaration aforesaid, . . and to be thence respectively certified into the Exchequer, shall be thenceforth exempted and discharged from all the penalties, seizures, forfeitures, judgements, and executions, incurred by force of any of the aforesaid statutes, without any composition, fee, or further charge whatsoever. ... IV. And be it further enacted . . . That all . . . persons that shall . . . take the said Oaths, and make and subscribe the declaration aforesaid, shall 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 . . . nor an act12 made in the two and twentieth year of the reign of the late King Charles the second, . . . nor shall any of the said persons be prosecuted in any ecclesiastical court, for or by reason of their nonconforming to the church of England. ... V. Provided always, . . . That if any assembly of persons dissenting from the Church of England shall be had in any place for religious worship with the doors locked, barred, or bolted, during any time of such meeting together, all and every person or persons, which shall come to and be at such meeting, shall not receive any benefit from this law, but be liable to all the pain and penalties of all the aforesaid laws recited in this act, for such their meeting, notwithstanding his taking the oaths, and making and subscribing the declaration aforesaid. VI. Provided always, That nothing herein contained shall... exempt any of the persons aforesaid from paying of tithes or other parochial duties, or any other duties to the church or minister, nor from any prosecution in any ecclesiastical court, or elsewhere for the same. (Clause VII. allows officers "scrupling the oaths" to act by deputy.) VIII. And be it further enacted, . . . That no person dissenting from the Church of England in holy orders, or pretended holy orders, or pretending to holy orders, nor any preacher or teacher of any con |