Charles II, 1672: An Act for preventing Dangers which may happen from Popish Recusants.

Persons that bear any Offices or Places of Trust under His Majesty, &c. to take the Oaths of Supremacy and Allegiance.

When and where to appear and take Oaths;3 Jac. I. c. 4. §15. ; During taking the Oaths Pleas to cease.; and the said Officers to receive the Sacrament according to the Usage of the Church of England.

For preventing dangers which may happen from Popish Recusants and quieting the minds of his Majestyes good Subjects Bee it enacted by the Kings most excellent Majestie by and with the advice and consent of the Lords Spirituall and Temporall and the Commons in this present Parliament assembled and by authoritie of the same That all and every person or persons as well Peeres as Commoners that shall beare any Office or Offices Civill or Military or shall receive any Pay; Salary, Fee or Wages by reason of any Patent or Grant from his Majestie or shall have Command or Place of Trust from, or under his Majestie or from any of his Majestyes Predecessors or by his or their authority, or by authoritie derived from him or them within the Realme of England, Dominion of Wales or Towne of Berwicke upon Tweede, or in his Majestyes Navy or in the severall Islands of Jersey and Guernsey or shall be of the Household or in the Service or imployment of his Majestie, or of his Royall Highnesse the Duke of Yorke who shall inhabite, reside or be within the Citty of London or Westminster or within thirty miles distant from the same on the first day of Easter Terme that shall be in the yeare of our Lord one thousand six hundred seaventy three or at any time dureing the said Terme all and every the said person and persons shall personally appeare before the end of the said Terme or of Trinity Terme next following in his Majestyes High Court of Chancery or in his Majestyes Court of Kings Bench and there in publique and open Court betweene the houres of nine of the Clocke and twelve in the Forenoone take the severall Oathes of Supremacy and Allegiance which Oath of Allegiance is contained in [a (fn. 1) ] Statute made in the third yeare of King James by Law established; and dureing the time of the takeing theirof by the said person and persons all Pleas and Proceedings in the said respective-Courts shall cease; And that all and every of the said respective persons and Officers not haveing taken the said Oathes in the said respective Courts aforesaid shall on or before the first day of August one thousand six hundred seaventy three at the Quarter Sessions for that County or place where he or they shall be, inhabite or reside on the twentteth day of May take the said Oathes in open Court betweene the said houres of nine and twelve of the Clocke in the Forenoone, And the said respective Officers aforesaid shall alsoe receive the Sacrament of the Lords Supper according to the Usage of the Church of England at or before the first day of August in the yeare of our Lord one thousand six hundred and seaventy three in some Parish Church upon some Lords day commonly called Sunday immediately after Divine Service and Sermon.

II. Persons admitted into any Office, &c. after the First Day of Easter Term, and residing in London, &c. or within 30 Miles, to take the said Oaths;

when and where to be taken; Proceedings to cease; If not taken in the Courts then at Quarter Sessions;and to receive the Sacrament.; A. Certificate, with Proof thereof, upon Oath to be delivered into Court of his receiving the Sacrament.

( (fn. 2) ) Bee it further enacted by the authoritie aforesaid That all and every person or persons that shall be admitted entered placed or taken into any Office or Offices Civill or Military or shall receive any Pay, Salary, Fee or Wages by reason of any Patent or Grant of his Majestie or shall have Command or place of Trust from or under his Majestie His Heires or Successors or by his or their authority or by authoritie derived from him or them within this Realme of England, Dominion of Wales or Towne of Berwicke upon Tweede or in his Majestyes Navy, or in the severall Islands of Jersey and Gernsey, or that shall be admitted into any Service or imployment in his Majesties or Royall Highnesses Household or Family after the first day of Easter Terme aforesaid and shall inhabite, be, or reside when he or they is or are soe admitted or placed within the Cittyes of London or Westminster or within thirty miles of the same shall take the said Oathes aforesaid in the said respective Court or Courts aforesaid in the next Terme after [such (fn. 3) ] his or their admittance or admittances into the Office or Offices Imployment or Imployments aforesaid betweene the houres aforesaid and noe other, and the proceedings to cease as aforesaid, And that all and every such person or persons to be admitted after the said first day of Easter Terme as aforesaid not haveing taken the said Oathes in the said Courts aforesaid shall at the Quarter Sessions for that County or place where he or they shall reside next after such his admittance or admittances into any of the said respective Offices or Imployments aforesaid take the said severall and respective Oathes as aforesaid and all and every such person and persons soe to be admitted as aforesaid shall alsoe receive the Sacrament of the Lords Supper according to the Usage of the Church of England within three moneths after his or their admittances in, or receiving their said authority and imployment in some publique Church upon some Lords day commonly called Sunday immediately after Divine Service and Sermon, And every of the said persons in the respective Court where he takes the said Oathes shall first deliver a Certificate of such his receiving the said Sacrament as aforesaid under the Hands of the respective. Minister and Churchwarden and shall then make proofe of the truth thereof by two credible Witnesses at the least upon Oath, All which shall be inquired of and putt upon Record in the respective Courts.

III. Persons refusing, &c. to take the Oaths and Sacrament, incapable of Office.

And bee it further enacted by the authoritie aforesaid That all and every the person or persons aforesaid that doe or shall neglect or refuse to take the said Oathes and Sacrament in the said Courts and places and at the respective times aforesaid shall be ipso facto adjudged uncapeable and disabled in Law to all intents and purposes whatsoever to have occupy or enjoy the said Office or Offices Imployment or Imployments or any part of them or any matter or thing aforesaid or any proffitt or advantage appertaining to them or any of them, and every such Office and Place Imployment and Imployments shall be void, and is hereby adjudged void.

IV. Executing Office after Refusal to take the Oaths or Sacrament.

Incapacity to prosecute any Suit in Law or Equity, or to be Guardian of any Child, or, Executor, &c., and also Penalty £500.

And bee it further enacted That all and every such person or persons that shall neglect or refuse to take the said Oathes or the Sacrament as aforesaid within the times and in the places aforesaid and in the manner aforesaid, and yet after such neglect and refusal shall execute any of the said Offices or Imployments after the said times expired wherein he or they ought to have taken the same, and being thereupon lawfully convicted in or upon any Information Presentment or Indictment in any of the Kings Courts at Westminster or at the Assizes every such person and persons shall be disabled from thenceforth to sue, or use any Action, Bill, Plaint or Information in course of Law, or to prosecute any Suite in any Court of Equity or to be Guardian of any Childe or Executor or Administrator of any person, or capeable of any Legacie or Deed of Gift or to beare any Office within this Realme of England, Dominion of Wales or Towne of Berwicke upon Tweede and shall forfeite the Summe of five hundred pounds to be recovered by him or them that shall sue for the same to be prosecuted by any Action of Debt, Suite, Bill, Plaint or Information in any of his Majestyes Courts at Westminster, wherein noe Essoigne, Protection or Wager of Law shall lye.

V. Names of Persons taking the Oaths, &c. to be inrolled.

Rolls to be publicly hung up, and perused without Fee.; Fees on Entry of taking Oaths.

And bee it further enacted by the authoritie aforesaid That the Names of all and singular such persons and Officers aforesaid that doe or shall take the Oathes aforesaid shall be in the respective Courts of Chauncery and Kings Bench and the Quarter Sessions inrolled with the day and time of their takeing the same in Rolls made and kepte onely for that intent and purpose and for noe other. The which Rolls as for the Court of Chauncery shall be publiquely hung up in the Office of the Pettybag, and the Roll for the Kings Bench in the Crowne Office of the said Court and in some publique place in every Quarter Sessions, and there remaine dureing the whole Terme, every Terme, and dureing the whole time of the said Sessions in every Quarter Sessions for every one to resort to and looke upon, without Fee or Reward, and likewise none of the person or persons aforesaid shall give or pay as any Fee or Reward to any Officer or Officers belonging to any of the Courts [as (fn. 2) ] aforesaid above the Summe of twelve pence for his or their Entry of his or their takeing of the said Oathes aforesaid.

VI. Upon Tender made to the Courts they are to administer the Oaths.

And further That it shall and may be lawful to and for the respective Courts aforesaid to give and administer the said Oathes aforesaid to the person or persons aforesaid in manner as aforesaid, and upon the due tender of any such person or persons to take the said Oathes the said Courts are hereby required and enjoyned to administer the same.

VII. Persons not bred up in the Popish Religion breeding up or suffering their Children to be bred up in the Popish Religion, Disability.

Children disabled until Conformity.

And bee it further enacted That if any person or persons not bred up by his or their Parent or Parents from their Infancy in the Popish Religion and professing themselves to be Popish Recusants shall breed up, instruct or educate his or their Childe or Children or suffer them to be instructed or educated in the Popish Religion; every such person being thereof convicted shall be from thenceforth disabled of bearing any Office or place of Trust or Proffitt in Church or State; And all such Children as shall be soe brought up instructed or educated, are and shall be hereby disabled of bearing any such Office or place of Trust or Proffitt, untill he and they shall bee perfectly reconciled and converted to the Church of England and shall take the Oathes of Supremacy and Alleigiance aforesaid before the Justices of the Peace in the open Quarter Sessions of the County or Place where they shall inhabite, and thereupon receive the Sacrament of the Lords Supper after the Usage of the Church of England, and obtaine a Certificate thereof under the Hands of two or more [of (fn. 4) ] the said Justices of the Peace.

VIII. Persons taking the Oaths to subscribe the Declaration following.

And bee it further enacted by the authoritie aforesaid That at the same time when the persons concerned in this Act shall take the aforesaid Oathes of Supremacy and Alleigiance, they shall likewise make and subscribe this Declaration following under the same Penalties and Forfeitures as by this Act is appointed.

I A. B. doe declare That I doe beleive that there is not any Transubstantiation in the Sacrament of the Lords Supper, or in the Elements of Bread and Wine, at, or after the Consecration thereof by any person whatsoever.

Register of Subscription.

Of which Subscription there shall be the like Register kept as of the takeing the Oathes aforesaid.

IX. Proviso for the Peerage;

and for Creation Money, Impost, Pensions, &c. Exception; and for Estates of Inheritance granted by the Crown; and for Pensions granted to Persons instrumental in preserving the King at Worcester; and for Grants of certain Offices of Inheritance to Persons refusing the Oaths, &c. who are to appoint Deputies, who must take the Oaths, &c. and subscribe Declaration.; Deputies to be approved by the King, under His Privy Signet.; Proviso for Peers.

Provided alwayes That neither this Act nor any thing therein contained shall extend, be judged, or intepreted any wayes to hurt or prejudice the Peerage of any Peere of this Realme or to take away any right, power, priviledge or profit, which any person (being a Peere of this Realme) hath or ought to enjoy by reason of his Peerage either in time of Parlyament or otherwise, or to take away Creation money or Bills of Impost nor to take away or make void any Pension or Sallary granted by his Majestie to any person for valuable and sufficient consideration for Life Lives or Yeares other then such as relate to any Office or to any place of Trust under his Majestie and other then Pensions of bounty or voluntary Pensions; nor to take away or make void any Estate of Inheritance granted by his, Majestie or any his Predecessors to any person or persons of or in any Lands, Rents, Tythes or Hereditaments not being Offices, nor to take away or make void any Pension or Sallary already granted by his Majestie to any person who was Instrumentall in the happy preservation of his Sacred Majestie after the Batle at Worster in the yeare One thousand six hundred fifty one untill his Majestyes Arrivall beyond the Seas; nor to take away or make void the grant of any Office or Offices of Inheritance, or any Fee, Sallary or Reward for executeing such Office or Offices, or thereto any way belonging, granted by his Majestie or any his Predecessors to, or enjoyed, or which hereafter shall be enjoyed by any person or persons who shall refuse or neglect to take the said Oathes, or either of them, or to receive the Sacrament, or to subscribe the Declaration mentioned in this Act in manner therein expressed, Neverthelesse soe as such person or persons haveing or enjoying any such Office or Offices of Inheritance doe or shall substitute and appointe his or their sufficient Deputy or Deputyes, (which such Officer or Officers respectively are hereby impowered from time to time to make or change, any former Law or Usage to the contrary notwithstanding), to exercise the said Office or Offices untill such time as the person or persons haveing such Office or Offices shall voluntarily in the Court of Chauncery before the Lord Chauncellour or Lord Keeper for the time being, or in the Court of Kings Bench, take the said Oathes and receive the Sacrament according to Law and subscribe the said Declaration, and soe as all and every the Deputie and Deputyes soe as aforesaid to be appointed, take the said Oathes, receive the Sacrament, and subscribe the said Declaration from time to time as they shall happen to be soe appointed in manner as by this Act such Officers whose Deputyes they be, are appointed to doe; and soe as such Deputyes be from time to time approved of by the [Kings (fn. 4) ] Majestie under his Privy Signet; but that all and every the Peeres of this Realme shall have, hold and enjoy what is provided for as aforesaid, and all and every other person or persons before mentioned, denoted or intended within this Provisoe shall have, hold and enjoy what is provided for as aforesaid, notwithstanding any incapacitie or disability mentioned in this Act.

X. Where Peers may take the Oaths, &c.

Provided alsoe That the said Peeres and every of them may take the said Oathes and make the said Subscription and deliver the said Certificates before the Peeres sitting in Parlyament if the Parlyament be sitting within the time limitted for doeing thereof, and in the Intervalls of Parlyament in the High Court of Chauncery, in which respective Courts all the said Proceedings are to be recorded in manner aforesaid.

XI. Proviso for married Women, Persons under 18, Absentees, and Persons found to be non compos mentis.

Provided alwayes That noe marryed Woman or person under the age of eighteene yeares, or being beyond, or upon the Seas, or found by the lawfull Oathes of twelve Men to be non compos mentis, and soe being and remaining at the end of Trinity Terme in the yeare of our Lord One thousand six hundred seaventy three haveing any Office shall by vertue of this Act loose or forfeited [any such (fn. 4) ] his or her Office (other then such marryed Woman dureing the life of her Husband onely) for any neglect or refusall or takeing the Oathes and doeing the other things required by this Act to be done by persons haveing Offices, soe as such respective persons within fower monethes after the death of the Husband, comeing to the age of eighteene yeares, returning into this Kingdome, and becomeing of sound minde shall respectively take the said Oathes, and performe all other things in manner as by this Act is appointed for persons to doe, who shall happen to have any Office or Offices to them given or fallen after the end of the said Trinity Terme.

XII. Persons forfeiting Office may, upon taking the Oaths, &c. be capable.

Provided alsoe That any Person who by his or her neglect or refusall according to this Act shall loose, or forfeite any Office may be capeable by a new Grant of the said Office, or of any other, and to have and hold the same againe, such person takeing the said Oathes and doeing all other things required by this Act, soe as such Office be not granted to, and actually enjoyed by. some other person at the time of the regranting thereof

XIII. Proviso for Non-commissioned Officers in the Navy;

Provided alsoe That nothing in this Act contained shall extend to make any Forfeiture Disability or Incapacitie in, by or upon any Non Commission Officer or Officers in his Majestyes Navy if such Officer or Officers shall onely subscribe, the Declaration therein required in manner as the same is directed.

XIV. and for Pensions granted to the Earl and Countess of Bristol:

Provided alsoe That nothing in this Act contained shall extend to prejudice George Earle of Bristoll or Anne Countesse of Bristoll his Wife in the Pension or Pensions granted to them by Patent under the Great Seale of England bearing date the sixteenth day of July in the yeare of our Lord one thousand six hundred sixty and nine, being in liew of a just Debt due to the said Earle from his Majestie perticularly expressed in the said Patent.

XV. and for Constables, Tythingmen, &c.

Provided alsoe That this Act or any thing therein contained shall not extend to the Office of any High Constable, Petty Constable, Tythingman, Headburrough, Overseer of the Poore, Churchwardens, Surveyour of the Highwayes or any the like inferiour Civill Office, or to any Office of Forester or Keeper of any Parke, Chace, Warren or Game, or of Bayliffe of any Mannour or Lands, or to any like private Offices, or to any person or persons haveing onely any the before mentioned, or any the like Offices.