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the churchwardens of the said parish, nor until such person or persons shall have taken and subscribed the oaths of allegiance and supremacy, and abjuration, as appointed by law, and shall have made and subscribed the declaration against transubstantiation, contained in the act made in the twenty-fifth year of the reign of King Charles the second, entitled, an act for preventing dangers which may happen from popish recusants, before the said archbishop, bishop, or ordinary, which said oaths and declarations the said archbishop, bishop, or ordinary, are hereby impowered and required to administer and receive; and such archbishops, bishops, and ordinaries, are required to file such certificates, and keep an exact register of the same, and of the taking and subscribing such oaths and declarations.
And be it further enacted by the authority aforesaid, that any person who shall have obtained a licence, and subscribed the declara ations, and taken and subscribed the oaths, as above appointed, and shall at any time after, during the time of his or their keeping any public or private school or seminary, or instructing any youth as tutor or school-master, knowingly or willingly, resort to, or be present at any conventicle, asseinbly, or meeting, within England, Wales, or town of Berwick-upon-Tweed, for the exercise of religion in any other manner than according to the liturgy and practice of the church of England, or shall knowingly and willingly be present at any meeting or assembly for the exercise of religion, although the liturgy be there used, where her Majesty, (whom God long preserve) and the elector of Brunswick, or such others as shall from time to time, be lawfully appointed to be prayed for, shall not there be prayed for in express words, according to the liturgy of the church of England, except where such particular offices of the liturgy are used, wherein there are no express directions to pray for her Majesty and the royal family, shall be liable to the penalties in this act, and from thenceforth be incapable of keeping any public or private school or seminary, or instructing any youth as tutor or school-master.
And be it further enacted by the authority aforesaid, that if any person licensed, as aforesaid, shall teach any other catechism than the catechism set forth in the book of common-prayer, the license of such person shall from thenceforth be void, and sueb person shall be liable to the penalties of this act.
And be it further enacted by the authority aforesaid, that it shall and may be lawful, to and for the bishop of the diocese, or other proper ordinary, to re-cite any person or persons whatsoever, keeping school or seminary, or teaching without license as aforesaid, and to proceed against, and punish such person or persons by ecclesiastica! censure, subject to such appeals as in cases of ordinary jurisdiction : this act or any other law to the contrary notwithstanding.
Provided always, that no person offending against this act shall be punished twice for the same offence.
Provided also, that where any person shall be prosecuted withcet fraud or covin in any of the courts aforesaid, for any offence contrary to this act, the same person shall not afterwards be prosecuted for the same offence in any of the said courts, whilst sach former prosecution shall be pending and carried on without any wilful delay; and in case of any such after-prosecution, the person so doobly prosecuted may alleuge, plead, or shew forth in his delence against the same, such former prosecution pending, or judgment or sentence thereupon given, the said pleader first making oath before the judge or judges of the court, where such after-prosecution shall be pending, and which said oath he or they are hereby im powered and required to administer, that the said prior prosecution was not commenced or carried ou by his means, or with his consent or procurement, or by any fraud or collusion of any other person to his knowledge or belief.
Provided always, that this act, or any thing therein contained, shall not extend, por be construed to extend, to any tutor, teaching or instructing youth in any college or hall, within either of the universities of that part of Great-Britain called England, nor to any tutor who shall be employed by any noblemen or noblewomen, to teach his or her owo children, grand-children, or great grand-children only, in liis or her family; provided such tutor, so teaching any nobleman or nobiewoman's family, do in every respect qualify himself according to this act, except only in that of taking a licence from the bishop.
Provided also, that the penalties in this act shall not extend to any foreigner, or alien, of the foreign reformed churches, allowed, or to be allowed by the Queen's Majesty, her heirs or successors, in England, for instructing or teaching any child, or children, or any such forcigner or alien ouly, as a tutor or school-master.
Provided always, and be it further enacted by the authority aforesaid, that if any person who shall have been convicted as aforesaid, and thereby made incapable to teach or instract any youth as aforesaid, sball, after such conviction, conform to the church of England for the space of one year, without having been present at any conventicle, assembly, or meeting, as aforesaid, and receive the sacrament of the Lord's supper, according to the rites and usage of the church of Eng. land, at least ihree times in that year, every such person or persons shall be again capable of having and using a license to teach school, or to instruct youth as a tutor or school-master, he or they also performing all that is inade requisite thereunto by this act.
Provided also, and be it further enacted, that every such person so convicted, and afterwards conforming in manner as aforesaid, shall, at the next term after his being admitted to, or taking upon him to teach or instruct youth as aforesaid, make oath in writing, in some one of her Majesty's courts at Westminster, in public and open court, or at the next quarter-sessions for that county or place where he shall reside, between the hours of nine and twelve in the forenoon,
that he hath conformed to the church of England, for the space of one year before such his admission, without having been present at any conventiele, assembly, or meeting, as aforesaid, and that he hath received the sacrament of the Lord's supper at least three times in the year, which oath shall be there enrolled, and kept upon record.
Provided always, that this aet shall not exlend, or be construed to extend to any person, who, as a tutor or school-master, shall instruct youth in reading, writing, arithmetic, or any part of mathematical learning only, so far as such mathematical learning relates to navigation, or any mechanical art only, and so as such reading, writing, arithmetic, or mathematical learning, shall be taught in the English tongue only.
And whereas by act of parliament made in Ireland, in the seven teenth and eighteenth years of his said late Majesty King Charles the second, entitled, an act for the uniformity of public prayers, and administration of the sacraments, and other rites and ceremonies ; and for establishing the form of making, ordaining, and consecrating of bishops, priests, and deacons, in the church of Ireland; it is enacted, concerning school-masters, and other persons instructing youth in private families, in Ireland, as in and by the above-recited act is enacted concerning school-masters and others instructing youth in private families, in that part of Great-Britain called England. And whereas it is reasonable, that where the law is the same, the remedy and means for enforcing the execution of the law should be the same; be it therefore enacted, by the authority aforesaid, that all and every the remedies, provisions, and clauses, in and by this act given, made, and enacted, shall extend, and be deemed, construed, and adjudged to extend to Ireland, in as full and effectual manner as if Ireland had been expressly named and mentioned in all and every the clauses in this act.
The Repeal, entitled, an Act for strengthening the Prot
estant Interest in these Kingdoms. WHEREAS an act of parliament was made in the tenth year of the reign of the late Queen Anne,t entitled, An act for preserving the protestant religion by better securing the church of England as by law
+ 10 Annae, cap. 2.
* 5th of King George I. cap. 4. Vou. V
established, and for confirming the toleration granted to protestant dis. senters, by an act [entitled, en act for exempting their Majesty's protestant subjects dissenting from the church of England from the penalties of certain laws ;) and for supplying the defeets thereof, and for the fur. ther securing the protestant successiun, by requiring the practisers of the law in North-Britain to take the oaths, and subscribe the declaration therein mentioned. And whereas part of the said aet, as also another act herein after mentioned, have been found to be inconvenient ; be it therefore enacted by the king's most excellent Majesty, by and with the advice of the lords spiritual and temporal, and commons in parliament assembled, and by the authority of the same, that the said recited aet passed in the tenth year of the late Queen Anne, from the beginning thereof to these words ; [and it is hereby farther enacted and declared, by the authority aforesaid, that the toleration granted to protestant dissenters.] And also one aet made ia the twelfth year of the reign of the late Queen Annet (entitled, an act to prevent the growth of schism, and for the further security of the churches of England and Ireland as by law
established] shall be, and are bereby repealed, annulled, and made void.
Provided always, and be it enacted by the authority aforesaid, that if any mayor, bailift, or other magistrate, in that part of Great
Britain called England, the dominion of Wales, or town of Berwick-uponTweed, or the isles of Guernsey or Jersey, shall knowingly or willing. ly resort to, or be present at any public meeting for religious worship, other than the church of England as by law established, in the gown, or other peculiar babit, or attended with the ensign or ensigns of or belonging to such his office, that every such mayor, bailiff, or other magistrate being thereof convicted by due course of law, shall be disabled to hold such office or offices,employment or employments, and shall be adjudged incapable to hear any publie office or employment whatsoever within that part of Great Britain called England, the dominion of Wales, and town of Berwick-upon-Tweed, or isles of Jersey and Guernsey.
* 10 Annie, cap. 2 ; 4 and 12 Annae, stat. 2. cap.7.
The letters n. and ns. stand for Note and Notes.
JBBEY lands, given to courtiers, or sold to gentry, vol. i p 67 Abbot Dr. his mild government, vol. ii author's preface, p 38 Made archbishop of Canterbury; and lord Clarendon's account of him, p 111 His zeal for the protestant cause in Bohemia, p 144 145 Accidentally kills a man, and retires from court, P 154– Writes to the king against the articles of the Spanish mateh, p 158 Is suspended for refusing to license Sibthorp's sermon, &c. p 196 · He favors the lecturers, p 226 His death and character, p 258 Abhorrers Refer to Petitioners Abjuration oath, for discovering papists, vol. ii p 62 Abstract of certain acts, injunctions, and canons; a book published in
1684, against the discipline of the church, vol. i p 441 Accommodation the committee of, vol. ii p 459 &c. A grand one be
tween the presbyterians and independents, and their proceedings,
vol. iii p 306, &c. Acontius on progressive reformations, vol, ii p 146 n Act of supremacy, the substance of, vol. i p 59 Against appeals, p
60 For subscribing articles of faith only, p 284 Acts and Monuments, and Book of Martyrs, by Fox; their character
and effects, vol. i p 213, 214, 479 Adams Mr. burnt, vol. i p 84 Adamson Mr. Patrick, his confession, vol. ii p 106 Address of the puritans to the queen and council, answering all ob
jections against them, vol. i p 517 Adiaphorists in Germany, who, vol. i p 109 Admonition to christians, a work written by Mr. Knox; occasions his
being forbid to stay at Frankfort, vol. i p 168