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Concerning

firmation to be

or chapel; and any two or more juftices of the peace of the fame county or place, other than fuch juftice of the peace as is patron of any fuch church or chapel, or any ways interested in the faid tithes, upon complaint of any parfon, vicar, curate, farmer or proprietor of such tithes, or any church-warden or chapel-warden, or other person who ought to have, receive or collect any fuch tithes, rates, dues or payments, as aforefaid, are hereby authorized and required to fummon in writing, under their hands and feals, by reasonable warning, fuch quaker or quakers, against whom fuch complaint fhall be made, and after his or their appearance, or upon default of appearance, the said warning or fummons being proved before them upon oath, to proceed to hear and determine the faid complaint, and to make fuch order therein, as in the faid act is limited or directed; and allo to order fuch cofts and charges, as they fhall think reasonable, not exceeding ten fhillings, as upon the merits of the cause shall appear juft; which order shall and may be fo executed, and on fuch appeal may be reverfed or affirmed by the general quarter-. feflions of the county or place, with fuch cofts and remedy for the fame, and shall not be removed into any other court, unless the titles of fuch tithes, dues or payments, fhall be in question, in like manner as in and by the fame act is limited and provided.

III. And whereas feveral difputes have arifen concerning the effect. the folemn af- of the abjuration to be taken by the people called Quakers, upon their taken by qua- folemn affirmation, as directed by an act of parliament made in the kers instead of fixth year of her late Majefly's reign: now for preventing the like inthe abjuration conveniencies for the future, be it enacted by the authority aforefaid, That in all cafes where-ever the effect of the faid abjura6 Annæ, c.23. tion oath may be legally tendred, or required of the faid people called Quakers, or any of them, he or they fhall take the effect thereof in the following words (that is to fay,)

oath.

The affirmation.

I clare, in the presence of Almighty God, the witnes of the truth of

A. B. de truly and fincerely acknowledge, profefs, teftify and de

what I fay, That King George is lawful and rightful King of this realm, and of all other his dominions and countries thereunto belonging. And I do folemnly and fincerely declare, That I do believe the perfon pretended to be the prince of Wales, during the life of the late King James, and fince his deceafe, pretending to be, and taking upon himfelf the file and title of the King of England, by the name of James the Third, or of Scotland, by the name of James the Eighth, or the file and title of King of Great Britain, hath not any right or title whatfoever to the crown of this realm, nor any other the dominions thereunto belonging; and I do renounce and refuse any allegiance or obedience to him. And I do folemnly promise, That I will be true and faithful, and bear true allegiance to King George, and to him will be faithful against all traiterous confpiracies and attempts whatsoever, which fhall be made against his perfon, crown or dignity. And I will do my best endeavour to difclofe and make known to King George, and bis fucceffors, all treasons and traiterous confpiracies which I fall incau

to

to be made against him, or any of them. And I will be true and faithful to the fucceffion of the crown against him the faid James, and all other perfons whatfoever, as the fame is and ftands fettled by an act, intituled, An act declaring the rights and liberties of the fubject, W. & M. and fettling the fucceffion of the crown, to the late Queen Anne, feff. 2. c. z. and the heirs of her body, being proteflants; and as the fame, by one other act, intituled, An act for the further limitation of the crown, 12 & 13 W. 3. and better securing the rights and liberties of the fubject, is and c. 2. flands fettled and intailed, after the decease of the faid late Queen, and for default of flue of the faid late Queen, to the late princess Sophia, electorefs and dutchefs dowager of Hanover, and the heirs of her body, being proteftants. And all these things I do plainly and fincerely acknowledge, promife and declare, according to thefe express words by me Spoken, and according to the plain and common fense and underStanding of the fame words, without any equivocation, mental evafion or fecret refervation whatsoever. And I do make this recognition, acknowledgment, renunciation and promise heartily, willingly and truly.

tion, to ex

IV. Provided always, That so much of this act as relates to This act, as to the affirmations to be made by the people called Quakers, fhall the affirmabe extended to that part of Great Britain called Scotland for ever, tend to Scotand to the plantations belonging to the crown of Great Britain land for ever, for five years, and to the end of the next feffion of parliament and to the after the faid five years, and no longer.

CAP. VII.

An all for continuing the imprisonment of Robert Blackburn

plantations for five years, and thence to the

end of the

and others, for the borrid confpiracy to affaffinate the per- parliament. fon of bis late facred Majefty King William the Third.

WHE

WHEREAS by an act of parliament made in the first year of the Annæ, ftat.. reign of her late Majesty Queen Anne, intituled, An act for c. 29. the continuing the imprisonment of Counter, and others, for the horrid confpiracy to affaffinate the person of his late facred majesty King William the Third, the perfons hereafter named (that is to fay) Robert Blackburn, John Bernardi, Robert Caffels, Robert Meldrum and James Chambers, then prisoners in Newgate for a deteftable traiterous confpiracy to affaffinate the royal perfon of his faid late Majefty, were to be detained and kept in cuftody, without bail or mainprife, during her faid late Majefty's pleasure, and will now be fet at large, unless fome further provifion be made for the continuance of their imprisonment for the faid offence: be it therefore enacted by the King's most excellent majefty, by and with the advice and consent of the lords fpiritual and temporal and com- Robert Blackmons, in parliament affembled, and by the authority of the burn, &c. to fame, That the faid Robert Blackburn, John Bernardi, Robert Caffels, fon during his be kept in priRobert Meldrum and James Chambers, fhall be detained and kept Majesty's in cuftody, without bail or mainprize, during his Majefty's pleasure. pleasure.

CAP. VIII.

An act to impower his Majefty to fecure and detain fuch perfons as his
Majefty fhall fufpect are confpiring against his person and government.

EXP.

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C. 3.

CAP. IX.

An act for the better preventing mutiny and defertion, by enforcing and making more effectual an act of this prefent parliament, intituled, An at for the better regulating the forces to be continued in his Majefty's service, and for the payment of the faid forces and their quarters.

1 Geo.1. ftat.2. Every perfon in his Majefty's fervice in the army, who, after Auguft 1, 1715, and before March 25, 1716, fhall mutiny or defert, fhall fuffer death; or fuch punishment as a court martial fhall inflict. The King may grant commiffions to affemble courts martial. Such courts to confift of 13 commiffion officers. The prefident to be a field officer, &c. Field-officers not to be tried by any under captains. Such court may adminifter oaths. Officers or foldiers not exempted from procefs of law. Not to extend to the militia. Every officer prefent in a court martial, where any offence may be punished with death, fhall be fworn. Nine officers to concur in every sentence of death. Proceedings between eight in the morning and one in the afternoon. Acquittal or conviction fhall be a bar to an indictment. Perfons profecuted, &c. may plead the general iffue, &c. The King may make articles for the better government of his forces. No foldier to be 1Geo...ftat.z. difcharged by virtue of 1 Geo. 1. c. 3. without giving three months noC. 3. tice to his colonel. The King may quarter his forces in fuch places subject to the quartering of foldiers, as he shall think fit, during the continuance of this act. EXP.

The bishops fhall inform

themfelves of the yearly value of every

CAP. X.

An act for making more effectual her late Majesty's gracious intentions for augmenting the maintenance of the poor clergy.

HEREAS it is necessary for the governors of the bounty of Queen Anne, for the augmentation of the maintenance of the poor clergy, in order to the more regular making proper augmentations, to be informed, as exactly as may be, of the clear improved yearly value of the maintenance of all fuch parfons, vicars, curates and minifters, officiating in any church or chapel within that part of Great Britain called England, the dominion of Wales, or town of Berwick upon Tweed, where the liturgy and rites of the church of England, as naw by law established, are or shall be used and obferved, whose maintenance is intended to be augmented: be it enacted by the King's moft excellent majefty, by and with the advice and consent of the lords fpiritual and temporal and commons, in this present parliament affembled, and by the authority of the fame, That the refpective bishops of every diocese, and the guardians of the fpiritualities fede vacante, fhall be and are hereby impowered and required, from time to time, as they fhall fee occafion, and as may best serve the purposes of the faid bounty to the poor clergy, as well by the oath of two or more credible witnesses (which they, or others commiffioned by them under their hands and feals, are hereby impowered to adminifter) as by all other lawful ways and means, to inform themselves of the clear improved yearly value of every benefice with cure of fouls, living and curacy, and of the true and clear improved yearly value of the maintenance of every parfon, vicar, curate and minifter, offciating in any fuch churches or chapels, as aforefaid, within their feveral diocefes, or within any peculiars or places of exempt

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fame to the

governors.

turned into

jurifdiction within the bounds and limits of their respective diocefes, or adjoining and contiguous thereunto, although the fame be exempt from the jurifdiction of any bishop in other cafes, and how fuch yearly values arife, with the other circumstances thereof, and the fame, or fuch of them whereof they shall have fully informed themselves, from time to time, with all convenient speed, to certify under their respective hands and feals, or and certify the feals of their respective offices, to the faid governors of the bounty of Queen Anne, for the augmentation of the maintenance of the poor clergy, for their better information in the premiffes. II. Provided always, and be it enacted by the authority afore- Certificates refaid, That where by certificates duly returned into her Majesty's the Exchequer court of Exchequer at Westminster, pursuant to an act made in by virtue of the parliament held in the fifth year of the reign of her faid late 5 Annæ, c.24. Majefty, intituled, An act for discharging fmall livings from their and 6 Anna, firft-fruits and tenths, and all arrears thereof, and one other act C. 27. fhall afmade in the fixth year of the reign of her faid late Majefty, in- lue of livings tituled, An act to enlarge the time for returning the certificates of all not exceeding ecclefiaftical livings, not exceeding the yearly value of fifty pounds: as sol. per ann. alfo for difcharging all livings of that value from the payment of firstfruits; and for allowing time to archbishops and bishops, and other dignitaries for payment of their first-fruits, or either of them, or made good by this act, the yearly value of any livings, not exceeding the clear yearly value of fifty pounds, are particularly and duly expressed and specified, fuch certificates fhall ascertain the yearly values of fuch livings, in order to their being augmented by the faid governors, and no new or different valuation thereof shall be returned to the faid governors by virtue of this present act.

certain the va

III. And whereas by her late Majefty's letters patent under her All rules, megreat feal, bearing date the third day of November in the third year greed on by thods, &c. aof her reign, incorporating the governors of the bounty of Queen Anne, the governors, for the augmentation of the maintenance of the poor clergy, the faid and propofed governors were authorized to confider, confult, advife, agree upon, to his Majefty, draw up, prepare and propofe in writing to her faid Majefty, her heirs and approved under his fign and fucceffors, fuch proper and neceflary rules, methods, directions, manual, fhall orders and conftitutions, as the faid governors, or any feven or more be valid. of them, with fuch quorum as is therein directed, should, in their difcretions judge moft convenient to be obferved, for and towards the better rule and government of the faid corporation, and the members thereof, and the receiving, accounting for, and managing all and every the revenues thereby granted or mentioned to be granted, and all arrears thereof, and alfo for and concerning the diftributing, paying and difpofing of the fame, and all other gifts and benevolences that should or might be given or bequeathed to the faid corporation for the charitable ends in the faid letters patent mentioned, for the augmentation of the maintenance of the poor clergy aforefaid; and fuch rules, methods, orders, directions and conflitutions, as fhould be fo propofed, and should be approved, altered or amended by her faid late Majefty, ber heirs or fucceffors, and fuch as fhould be made by her faid Majefty, her heirs and fucceffors, and fo fignified and declared by her, her heirs or fuc

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cellors

ceffors, under her or their great feal, her faid late Majefty thereby willed fhould be the rules, methods, directions, orders and conflitutions, by which the governors of the bounty of Queen Anne, for the augmen tation of the maintenance of the poor clergy and their fucceffors, bould receive, manage, govern, apply and difpofe her faid late Majesty's royal bounty, and other gifts and benevolences which should or might after that time be given or bequeathed to the faid corporation (where the donors thereof should not particularly direct the application thereof) to and for the increase of the maintenance of such parfons, vicars, curates and minifters officiating in any church or chapel within the kingdom of England, dominion of Wales or town of Berwick upon Tweed, where the liturgy and rites of the church of England, as then by law eftablished were and fhould be ufed and obferved, for whom a maintenance was not then fufficiently provided: and whereas purfuant to the said letters patent of incorporation, the faid governors did agree upon, prepare, and propofe to her faid late Majefty, certain rules and conftitutions for the better rule and government of the faid corporation, and her faid late Majefty, by letters patent under her great feal, bearing date the fifth day of March in the twelfth year of ber reign, did eftablish the faid rules and conftitutions, referving to berfelf, her heirs and fucceffors, power, from time to time, under her or their great feal, to alter the fame, and to give and make in like manner fuch other rules and conftitutions, according to the true intention of the faid letters patent of incorporation, as to her faid Majefty, ber heirs or fucceffors fhould feem meet: and whereas a more expeditious and cafy method of making and altering the rules and constitutions, for the better rule and government of the faid corporation, may tend to the advancement of the faid charity; be it enacted and declared by the authority aforefaid, That all fuch rules, methods, orders, directions and conftitutions, as fhall, from time to time, be by the faid governors agreed upon, prepared and proposed to his Majefty, his heirs and fucceffors, according to the true intention of the faid letters patent of incorporation, and by his Majefty, his heirs and fucceffors, approved under his or their fign manual, fhall be as good, valid and effectual rules, methods, directions, orders and conftitutions, for the purposes aforefaid, as if the fame were made or established under the great feal of his Majefty, his heirs or fucceffors.

IV. And whereas her faid late Majefty's royal bounty to the poor tlergy was intended to extend, not only to parfons and vicars who come in by prefentation, or collation, inftitution, and induction, but likewife to fuch minifters who come in by donation, or are only flipendiary preachers or curates, officiating in any church or chapel where the turgy and rites of the church of England, is now by law established, are and fhall be used and obferved, most of which are not corporations, mor have a legal fucceffion, and therefore are incapable of taking a grant or conveyance of fuch perpetual augmentation as is agreeable to ber faid late Majefty's gracious intentions, and in many places it would be in the power of the impropriator, donor, parfon, or vicar, to withdraw the allowance now or heretofore paid to the curate or minifter. ferving the cure, or in cafe of a chapelry, the incumbent of the mother

church

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