ficate of the

a private school for teaching English, Latin, Greek, or any part
of literature, or to officiate as a master or teacher in such school
or any school for literature, other than those in the universities,
or established in the respectively royal burghs, by publick au-
thority, or the parochial fchools fettled according to law, or the
schools maintained by the fociety in Scotland for propagating.
christian knowledge, or by the general affemblies of the church Situation, &c.
of Scotland, or committees thereof, upon the bounty granted by of private
his Majesty, until the fituation and defcription of fuch private schools to be
school be first entered and registered in a book, which fhall be registered;
provided and kept for that purpose by the clerks of the feveral with a certi-
Thires, stewartries, and burghs in Scotland, together with a cer- mafter having
tificate from the proper officer, of every such master and teacher qualified.
having qualified himself, by taking the oaths appointed by law
to be taken by perfons in offices of publick truft in Scotland; and
every such master and teacher of a private school shall be oblig-
ed, and is hereby required, as often as prayers shall be said in
fuch school, to pray, or caufe to be prayed for, in exprefs words &c. to be
His Majefty,
his Majesty, his heirs and fucceffors, by name, and for all the prayed for by
royal family; and if any perfon fhall, from and after the faid name.
first day of November, prefume to enter upon, or exercise the
function or office of a master or teacher of any fuch private
school as fhall not have been registered in manner herein direct-
ed, or without having firft qualified himfelf, and caufed the
certificate to be registered as above mentioned; or in cafe he
shall neglect to pray for his Majefty by name, and all the royal
family, or to cause them to be prayed for as herein direct-

ed; or in case he shall refort to, or attend divine worship in Masters not to
any epifcopal meeting-house not allowed by the law; every refort to unli
perfon fo offending in any of the premiffes, being thereof lawful- cenfed meet-
ly convicted before any two or more of the juftices of peace, or
ing houses.
before any other judge competent of the place fummarily, fhall
for the first offence, fuffer imprisonment for the fpace of fix Penalty.
months; and for the second, or any fubfequent offence, being
thereof lawfully convicted before the court of jufticiary, or in
any of the circuit courts, fhall be adjudged to be transported,
and accordingly fhall be tranfported to fome of his Majesty's
plantations in America for life; and in cafe any person adjudged
to be so transported shall return into, or be found in Great Brit-
ain, then every fuch perfon fhall fuffer imprisonment for life.

XXII. And be it further enacted by the authority aforefaid, Parents, &c,
That if any parent or guardian fhall put a child or children un- fending chil-
der his care to any private school that shall not be registered ac- dren to un-
cording to the directions of this act, or whereof the principal registered
mafter or teacher fhall not have registred the certificate of his fchools, &c.
having qualified himself as herein directed, every such parent
or guardian fo offending, and being thereof lawfully convicted
before any two or more justices of peace, or before any other
judge competent of the place fummarily, fhall, for the firft of- Penalty.
fence, be liable to fuffer imprisonment by the fpace of three
months; and for the fecond or any fubfequent offence, being
VOL. XVIII.

M m

there

:

Certificates to

thereof lawfully convicted before the court of jufticiary, or in any of the circuit courts, fhall fuffer imprisonment for the space of two years from the date of fuch conviction.

XXIII. And whereas by an act paffed in the parliament of Scotland, in the year of our Lord one thousand fix hundred and ninety three, all chaplains in families, and governors and teachers of children and youth, were obliged to take the oaths of allegiance and affurance therein directed: and there may be fome doubt, whether by the laws, as they fland at prefent, they are obliged to take all the oaths appointed to be taken by perfons in offices of publick truft in Scotland: therefore be it enacted by the authority aforefaid, That from and after the first day of November, in the year of our Lord one thousand seven hundred and forty fix, no person shall exercise the employment, function, or fervice of a chaplain, in any faChaplains,&c. mily in that part of Great Britain called Scotland, or of a goverin families to nor, tutor, or teacher of any child, children, or youth, residing take the oaths, in Scotland, or in parts beyond the feas, without firft qualifying himself, by taking the oaths appointed by law to be taken by perfons in offices of publick truft, and caufing a certificate of his be registered. having done fo to be entered or registered in a book to be kept for that purpose by the clerks of the fhires, ftewartries, or burghs in Scotland, where fuch perfon fhall refide; or in cale of any fuch governor, tutor, or teacher of any fuch child, children, ör youth, acting in parts beyond the feas, then in a book to be kept for that purpose by the clerk of the thire, ftewartry, or burgh, where the parent or guardian of fuch child, children, or youth fhall refide. And if any perfon, from and after the faid first day of November, fhall presume to exercise the employment function, or service of chaplain, in any family in Scotland, or of a governor or teacher of children, or youth, as aforefaid, without having taken the faid oaths, and caused the certificate of his having duly taken the fame, to be registered, as is above directed; every perfon fo offending, being thereof lawfully convicted before any two or more juftices of peace, or before any other judge competent of the place fummarily, fhall, for the firft offence, fuffer imprisonment by the space of fix months; and for the fecond, or any fubfequent offence, being thereof lawfully convicted before the court of jufticiary, or in any of the circuit courts, shall be adjudged to be banished from Great Britain for the space of feven years.

Penalty.

ed for chap-
lains, &c. of
the church of

Scotland.

XXIV. Provided always, That it fhall be lawful for every Oath appoint- chaplain, fchoolmafter, governor, tutor, or teacher of youth, who is of the communion of the church of Scotland, instead of the oath of abjuration appointed by law to be taken by perfons in offices civil or military, to take the oath directed to be taken by preachers and expectants in divinity of the established church of Scotland, by an act paffed in the fifth year of the reign of King Geo. 1.c.29. George the Firft, intituled, An act for making more effectual the laws appointing the oaths for fecurity of the government to be taken by minifters and preachers in churches and meeting-houfes in Scotland, and a certificate of his having taken that oath, fhall, to all in

5

6

tents

tents and purposes, be as valid and effectual as the certificate of his having taken the oath of abjuration above-mentioned; and he shall be as much deemed to have qualified himself according to law, as if he had taken the abjuration appointed to be taken by perfons in civil offices.

XXV. And be it further enacted, That from and after the

Perfons keep

faid first day of November, no perfon within Scotland fhall keep ing chaplains, or entertain any perfon or chaplain in any family, or as governor, &c. who have tutor, or teacher of any child, children or youth, unless the not qualified; certificate of such person's having taken the oaths to his Majefty be duly registered in manner above directed; and if any perfon fhall keep or entertain a chaplain in his family, or a governor, tutor, or teacher of any child, children, or youth under his care, without the certificate of fuch chaplain, governor, tutor or teacher's having respectively qualified himself, by taking the oaths to his Majefty, being duly registered in manner abovementioned, every fuch perfon fo offending, being thereof lawfully convicted before any two or more of his Majesty's juftices of peace, or before any other judge competent, fhall, for the first offence, suffer imprisonment by the space of fix months; and for the fecond, or any fubfequent offence, being thereof Penalty. lawfully convicted before the court of jufticiary, or in any of the circuit courts in Scotland, fhall fuffer imprisonment by the space

of two years.

to offences a

XXVI. And for the better preventing any private schools from being held or maintained, or any chaplain in any family, or any governor, tutor, or teacher of any children or youth, from being employed or entertained contrary to the directions of this act, be it further enacted, That the sheriffs of hires, and Sheriffs, &c. ftewartries, and magiftrates of burghs of Scotland, fhall be to enquire inobliged, and are hereby required, from time to time, to make gainst this diligent enquiry within their respective jurifdictions, concerning act, &c. any offences that fhall be committed against this act, and caufe the fame, being the first offence, to be profecuted before themfelves; and in cafe of a fecond, or fubfequent offence, to give notice thereof, and of the evidence for proving the fame, to his Majesty's advocate for the time being, who is hereby required to profecute fuch fecond or fubfequent offences before the court of justiciary, or at the circuit courts.

The END of the Eighteenth Volume.