See Hansard's
Parliamentary
Debates,

Transportation any former act. And now by stat. 35 Geo. 3. c. 67. "If any for seven years. person or persons within England and Wales, being married, do 35 G. 3. c. 67. at any time from and after the passing of this act marry any person or persons, the former husband or wife being alive, and shall be in due manner convicted under the said act, (of Jac. 1.) they shall be subject to the same punishments, pains, and penalties as by the laws now in force persons are subject to who are convicted of grand or petit larceny." This by the stat. 4 Geo. 1. c. 11. may be transportation for seven years in lieu of burning or whipping.

vol. xxx. p. 317.

4 G. 1. c. 11. and

6 G. 1. c. 23. Returning from transportation.

By § 2. "If any person ordered to be transported by this act shall be afterwards at large within Great Britain, without some lawful cause before the expiration of the term, &c., every such person being thereof lawfully convicted shall be guilty of felony, and suffer death without benefit of clergy."

By 3. Such "person and persons so ordered to be transported as aforesaid, and afterwards found at large within Great Britain, may be tried for such offence either in the county where such person or persons was or were so convicted and ordered to be transported as aforesaid, or in such county where they shall be apprehended and taken, (such county being within England or Wales;) and in such latter case the clerk, or other person having the custody of the records of the court by which such person or persons was or were ordered to be transported, shall, certify a transcript briefly containing the tenor and effect of the record of the indictment, verdict, and judgment against them; which certificate, being produced to the court before whom such person or persons shall stand on their trial, shall be deemed sufficient evidence of the indictment, verdict, and judgment contained in such record."

Warrant of Commitment for Polygamy.

County of To the Keeper of his Majesty's Gaol, at —
to wit.
in the said County.

day of

RECEIVE into your custody in the said gaol, and there safely
of A. Ó. herewith sent you, and charged before me, W. S. Esq.
keep
keep until he shall be discharged by due course of law, the body
one of his majesty's justices of the peace in and for the said county,
on the oaths of C. D. E. F. and others, for that he the said A. Ŏ.
on the
in the year of our Lord 1820, at the
parish of
in the county of
did marry one
G. H. spinster, and her the said G. H. then and there had for his
wife; and that the said A. O. afterwards, to wit, on the
day of
in the year aforesaid, in the parish aforesaid,
feloniously did marry and take to wife one L. S. spinster, the said
G. H. his former wife being then living, against the form of the
statute in that case made and provided; the said C. D. having also
made oath before me the said justice, that the said A. O. was ap
prehended and taken for the said felony in the parish of
the said county of
Given under my hand and seal this

day of

1820.

Popery.

§ I. General Observations.

II. Toleration of Catholics.

[18 G. 3. c. 60.-31 G. 3. c. 32. 43 G. 3. c. 30.

53 G. 3. c. 128.]

III. Miscellaneous Statutory Provisions against Papists and Popery.

IT is to be observed in general, that popish recusants are liable to all the forfeitures and disabilities and other inconveniences, to which other recusants are liable; and to many others, to which other recusants are not liable.

A recusant is any person who refuses to go to church and wor- Recusant. ship God after the manner of the church of England: a popish Popish recusant. recusant is a papist who so refuseth; and a popish recusant convict Popish recusant is a papist legally convicted thereof.

There were several statutes made against recusants in Q. Elizabeth's reign and the former part of the reign of K. James the first, the force of which, as to protestant dissenters, is taken away by the act of toleration; but no papist or popish recusant shall have any benefit by that act.

II. Toleration of Catholics.

convict.

By 18 Geo. 3. c. 60. the provisions of 11 & 12 W. 3. c. 4. against 18 G. 5. c. 60. papists are repealed; provided that nothing in this same act of 18 Geo. 3. shall extend to any person but such who shall within six calendar months after passing of the act, or of accruing of his title, being of the age of twenty-one years, or being of unsound mind, or in prison, or beyond the seas, then within six months after such disability removed, take and subscribe an oath in the words following:

A. B. do sincerely promise and swear that I will be faithful and Oath to be bear true allegiance to his majesty king George the third, and taken. 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 in his majesty's fa

31 G. 3. c. 32.

Declaration.

Oath.

mily against any person or persons whatsoever; hereby utterly renouncing and abjuring any obedience or allegiance unto the person taking upon himself the style and title of Prince of Wales, in the life-time of his father, and who, since his death, is said to have to assumed the style and title of King of Great Britain, by the name of Charles the third, and to 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 unchristian and impious position, that it is lawful to murder or destroy any person or persons whatsoever, for or under pretence of their being heretics; and also that unchristian and impious principle, that no faith is to be kept with heretics. I further declare that it is no article of my faith, and that I do renounce, reject, and abjure the opinion, that princes excommunicated by the pope and council, or by any authority of the see of Rome, or by any authority whatsoever, may be deposed or murdered by their subjects, or any person whatsoever. And I do declare that I do not believe that the pope of Rome, or any other foreign prince, prelate, state, or potentate, hath or ought to have any temporal or civil jurisdiction, power, superiority, or pre-eminence directly or indirectly within this realm. And I do solemnly in the presence of God profess, testify, and declare, that I do make this declaration and every part thereof in the plain and ordinary sense of the words of this oath; without any evasion, equivocation, or mental reseration whatever, and without any dispensation already granted by the pope, or any authority of the see of Rome, or any person whatever; and without thinking that I am or can be acquitted before God or man, or absolved of this declaration, or any part thereof, although the pope or any other persons or authority whatsoever shall dispense with or annul the same, or declare that it was null or void.

Which oath it shall be competent to the courts at Westminster or any general or quarter sessions to administer; of which a register shall be kept in like manner as for the oaths required from persons qualifying for offices. And provided also, that nothing herein shall extend to any popish bishop, priest, jesuit, or school master, who shall not have taken and subscribed the above oath before he shall have been apprehended, or any prosecution commenced against him.

By 31 Geo. 3. c. 32. § 1. It shall be lawful for persons profes sing the Roman catholic religion, to appear in any of the courts at Westminster, or at the general quarter sessions for the county, city, or place where he shall reside, and there in open court, between the hours of nine in the morning and two in the afternoon take, make, and subscribe the following declaration and oath; (viz.)

IA. B. do hereby declare, that I do profess the Roman catholic religion.

A. 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 tres

sons and traitorous conspiracies which may be formed against him 31 G. 3. c. 32. 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 security of 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 unchristian and impious position, that it is lawful to murder or destroy any person or persons whatsoever, for or under pretence of their being heretics or infidels; and also that unchristian and impious principle, that faith is not to be kept with heretics or infidels. And I do further declare that it is not an article of my faith, and that I do renounce, reject, and abjure the opinion, that princes excommunicated by the pope and council, or any authority of the see of Rome, or by any authority whatsoever, may be deposed or murdered by their subjects, or any person whatsoever. And I do promise that I will not hold, maintain, or abet any such opinion, or any other opinion contrary to what is expressed in this declaration. And I do declare that I do not believe that the pope of Rome, or any other foreign prince, prelate, state, or potentate, hath or ought to have any temporal or civil jurisdiction, power, superiority, or pre-eminence, directly or indirectly, within this realm. And I do solemnly, in the presence of God, profess, testify, and declare, that I do make this declaration and every part thereof in the plain and ordinary sense of the words of this oath, without any evasion, equivocation, or mental reservation whatever; and without any dispensation already granted by the pope, or any authority of the see of Rome, or any person whatever; and without thinking that I am or can be acquitted before God or man, or absolved of this declaration, or any part thereof, although the pope or any other person or authority whatsoever shall dispense with or annul the same, or declare that it was null ar So help me GOD.

void.

Which said declaration and oath shall be subscribed by such Certificate person: And the proper officer shall make, subscribe and deliver thereof to be a certificate of such declaration and oath having been duly made given. and taken, if demanded, for which he shall have 2s.; which certi

ficate shall be competent evidence, unless falsified.

§ 3. And no Roman catholic, who shall have taken and sub- Not required to scribed the said oath as aforesaid, shall be convicted upon any of resort to church. the acts following, (viz.) 1 El. c. 2. 23 El. c. 1. 29 El. c. 6. 35 El. c. 2. 1 J. 1. c. 4. 3 J. 1. c. 4. 3 J. 1. c. 5. and 7 J. 1. c. 6. or any other statute or law of this realm; or in any ecclesiastical court, for not resorting to church, or having servants who shall not resort to church, or other place of common prayer.

lics relieved

And by 43 Geo. 3. c. 30. Roman catholics taking and subscrib- 43 G. 3. c. 30. ing the declaration and oath contained in the 31 Geo. 3. c. 32. Roman Cathoshall be entitled to all the benefits of the 18 Geo. 3. c. 60. to every purpose as if they had taken the oath thereby prescribed. § 4. And whereas by 23 El. c. 2. 27 El. c. 2. 35 El. c. 2. 1 J. 1. c. 4. 3 J. 1. c. 5. 3 C. 1. c. 2. 25 C. 2. c. 2. papists

TT 3

under certain conditions.

Not prosetutable for being a papist.

43 G. 3 c. 30.

Places of meet

fied to the

sessions,

are made subject to several punishments, penalties, and disabilities, it is enacted that no person who shall take and subscribe the said oath in manner aforesaid shall be prosecuted or convicted for being a papist, or reputed papist, or for professing or being educated in the popish religion, or for hearing or saying mass, or for being a priest or deacon, or entering or belonging to any ecclesiastical order or community of the church of Rome, or for being present at or performing or observing any rite, ceremony, practice, or observance of the popish religion, or maintaining or assisting others therein.

§ 5. Provided always, that no place of congregation or assembly ing to be certi- for religious worship shall be allowed, until the place of such meeting shall be certified to the sessions of the county or place in which the same shall be held, and be there recorded; and the clerk of the peace shall give a certificate thereof, if demanded, for which he shall have 6d. And no minister or other person shall officiate in any such place of meeting until his name and description as a priest or minister shall have been recorded at the sessions, for which shall be paid 6d. and a certificate thereof shall be granted, if demanded, for which shall be paid 2s.

and the minister's name to be

recorded there.

Places of

be locked.

no priest or minister who shall officiate in any such meeting not so recorded as aforesaid shall be deemed to be within the benefit of this act for any purpose whatsoever.

§ 6. Provided that if any such place of assembly shall have the assembly not to doors locked, barred, or bolted, during the time of meeting, all persons who shall come to or be at such meeting shall receive no benefit from this act, notwithstanding his having taken such oath as aforesaid, but shall be liable to the same pains and penalties as if this act had not been made.

Disturbing congregations, or misusing priests.

Not required to take certain oaths.

Peers.

43 G. 3. c. 30.

10. And if any person shall wilfully and on purpose maliciously and contemptuously come into any congregation or assembly of religious worship permitted by this act, and disturb the same; or misuse any priest, minister, preacher, or teacher therein, he shall, on proof by two witnesses, before one justice, find two sureties of the peace to be bound by recognisance in 50l. and in default thereof, shall be committed to prison till the next sessions, and on conviction of such offence at the sessions, shall forfeit 201. to the king.

§ 18. 19. No person shall be summoned to take the oath required by 1 W. & M. sess. 1. c. 8. or the declaration required by 25 C. 2. c. 2. Nor shall the 1 W. & M. sess. 1. c. 9. for removing papists from London and Westminster extend to Roman catholics who shall have taken and subscribed the oath, &c. herein appointed.

20. No peer who shall have taken and subscribed the said oath, &c. in manner aforesaid, shall be liable to be prosecuted under 30 C. 2. stat. 2. § 5.

And by 43 Geo. 3. c. 30. Roman Catholics taking the oath and making the declaration by the 31 Geo. 3. c. 32. prescribed shall be entitled to all the benefits given by the 18 Geo. 3. c. 60. as fully as if they had taken the oath therein prescribed. (a)

(a) [But the learned editor of the last edition of Co. Lit. is of opinion that it is advisable to take both the oaths. Vide Hargr. Co. Lit. 391. n. 346. oct. edit]