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entitled to any remainder or reversion in any such manors, messuages, or lands, in case he shall pursue his right by some action or suit to be commenced within twelve calendar months next
after the precedent estate on which such remainder or reversion [ 188 ] depends and is expectant shall be determined, and shall prosecute
such action or suit with due diligence. § 4.
[But by the 31 G. 3. c. 32. Papists who shall take the oaths and subscribe the declarations therein contained are not liable to be prosecuted for not resorting to some parish church, &c. or for being papists or reputed papists, $ 4.; Nor shall they be summoned to subscribe the declaration against transubstantiation, 18.; or to register their estates, 821.; and they are in general relieved from those penalties which by the above mentioned statutes are remitted to those who shall conform.]
In the year 1714, the convocation drew up a form of receiving converts from popery: which is printed in Wilk. Canc. V. 4. p. 660.
XLV. Saving of the ecclesiastical jurisdiction.
It is generally provided by the several principal statutes above rehearsed, that nothing therein shall take away or abridge the authority or jurisdiction of ecclesiastical censures; but the archbishops, bishops, and other ecclesiastical judges may proceed as before the making thereof. [But the 31 Ĝ. 3. c. 32. § 3 & 4. limits equally in the cases mentioned in that act) the civil and ecclesiastical jurisdictions.]
Note, By the 11 & 12. W. c. 4. further penalties were enacted against papists, which were as follows: (1) If any person shall apprehend any popish bishop, priest, or jesuit, and prosecute him, till he be convicted of saying mass, or exercising any other part of the office or function of a popish bishop or priest; he shall receive from the sheriff 1001. reward. (2) If any popish bishop, priest, or jesuit, shall say mass, or exercise any other part of the office or function of a popish bishop or priest (except in foreign ministers' houses); or if any papist, or person making profession of the popish religion, shall keep school, or take upon himself the education or government or boarding of youth ; he shall be adjudged to perpetual imprisonment. (3) If any person educated in the popish religion, or professing the same, shall not within six months after he shall be 18 years of age, take the oaths of allegiance and supremacy, and subscribe the declaration of the 30 C. 2. in the chancery, king's bench, or quarter sessions; he shall (in respect of himself, but not of his heirs) be incapable
to inherit or take any lands, by descent, devise, or limitation: 189 but the next of kin, being a protestant, shall have the same.
(4) Every papist, or person making profession of the popish
religion, shall be disabled to purchase any lands, or profits out
IA. 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 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 family against any person or persons whatsoever ; hereby utterly renouncing and abjuring any obedience or allegiance unto the person taking upon himself the stile and title of Prince of Wales, in the life-time of his father, and who, since his death, is said to have assumed the stile 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 hereticks; and also that unchristian and impious principle, That no faith is to be kept with hereticks. I further declare, that it is no article of my faith, and that I do renounce, reject, and abjure the opinion, That princes excommu- [ 190 ] nicated 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
(d) Upon the statutes against papists before they were mitigated by the 18 G. 3. Lord Mansfield observes, that they were thought, when they passed, necessary to the safety of the state. On no other ground can they be defended. The political object the legislature had in view was to take from the Roman catholics that weight and influence which is naturally connected with landed property, beyond what personal estate can give. Foone v. Blount, Cowp. 466. Trin. 16 G.3.
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 persons or authority whatsoever shall dispense with or annul the same, or declare that it was null or void.
Which oath 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 schoolmaster, who shall not have taken and subscribed the above oath, before he shall have been apprehended, or any prosecution commenced against him.
[This oath is nearly similar in terms to that required by the 31 G. 3. c. 32. (See Daths, 20. B.) But the privileges conceded to Roman catholicks by the latter statutes are more extensive. (2)]
XLVI. Summary of the 31 G. 3. c. 32. This act enables persons who profess the Roman catholic religion, personally to appear in any of his majesty's courts of chancery, king's bench, common pleas, or exchequer at Westminster, or in any court of general quarter sessions, of and for the county, city, or place where such person shall reside, and there in open court between the hours of nine in the morning and two in the afternoon, to take, make, and subscribe at full length, [or with his mark, the name being written by the officer if he cannot write,] the oath and declaration therein contained, (for which see Daths, 20. B.) a certificate of which, upon payment
of 2s. shall be delivered by the proper officer of the court, which [ 191 ] shall be sufficient evidence of such persons having taken and sub
scribed such declaration and oath, unless the same shall be falsified.
Lists of the persons who shall have taken the oaths are to be transmitted to the clerk of the privy counsel annually. § 2.
The 1 Eliz. c. 1 8.2. 23 Eliz. c. 1. 27 Eliz. c. 2. 29 Eliz. C. 6. 35 Eliz. c. 2. 2 (vulgo 1.) Ja. C. 4. 3 J. c. 4. 3 Ja. c. 5. 7 Ja. c. 6. 3 Car, 1 c. 2. 25 Car. 1. c. 2. i W. & M. st. 1. c. 8. 1 G. 1. st. 2.
(2) And now by 43 G. 3. c. 30. The declaration and oath expressed in 31 G. 3. c. 32. § 1. shall as to all who have taken, declared, and subscribed, or hereafter shall make, take, and subscribe the same in the manner there mentioned, give the same benefits and advantages, and operate to the same intents as by the 18 G. 3. C. 60. is enacted of the oath thereby subscribed.
c. 13. requiring persons to resort to their parish church or chapel, or some usual place where the common prayer is used, and inflicting penalties upon papists, priests, and those who shall hear or say mass, or shall refuse to take the oath of supremacy, or subscribe the declaration against transubstantiation, are repealed as to persons who shall take and subscribe the said oath and declaration. $ 3, 4. & 18. Also the 1 W.8. M. st. 1. c. 9. for removing papists from the cities of London and Westminster: the 30 Car. 2. stat. 2. c. 1. inflicting penalties on peers who shall come into the king's presence, not having taken the oath and made the declaration before required : the 1 G. 1. st. 2. c. 55. and 3 G. 1. c. 18. requiring papists to register their names and lands, deeds and wills; and the 788 W. 3. c. 24. and i G. 1. st. 2. c. 13. relative to practitioners in law. $ 19, 20, 21, 22.- for all which see the respective heads of this title. But no assembly for religious worship is allowed under this act, until the place of meeting shall be certified to the justices and recorded at the general or quarter sessions of the peace for the county, city, or place in which such meeting shall be held, nor is any person to perform any ecclesiastical function therein, until his name and description be also recorded at the sessions by the clerk of the peace, and no such place of assembly is to be locked during the meeting. $ 58 6.
A penalty of 201. is inflicted on those who shall maliciously disturb assemblies of religious worship permitted by this act, or misuse any priest or minister therein; but the benefit of the act is not to extend to any Roman Catholic ecclesiastic who shall officiate in any place with a steeple and bell, or at any funeral in any church or church-yard, or who shall exercise any of the rites or ceremonies of his religion, or wear the habits of his order, save within a place of religious worship permitted by this act, or in a private house where not more than five persons are assembled besides those of the household, or who shall not previously to his officiating have taken the oath appointed by the act. § 10. But [ 192 ] ministers of any Roman catholic congregation who shall take the aforesaid oath are exempted from serving on juries, or being chosen to parochial or ward office; other Roman catholics are to execute such offices by deputy. $ 78 8.
The act does not exempt Roman catholics from paying tithes, nor does it repeal any part of the 26 G. 3. c. 33. commonly called the marriage act, nor does it excuse persons from attending di-, vine service on Sunday, except they come to some place of worship permitted by this act or the act of toleration. $ 9. 11, 12.
Román catholic schools are permitted under certain restrictions, for which see Schools, 3. and this title XXVII.
This act does not extend to Scotland; but by the 33 G. 3. C. 44. Roman catholics of that part of Great Britain who shall
take a similar oath before the sheriff-depute, or two justices of the peace, for the county where they reside, may hold, enjoy, alien, &c. real or personal property, as any other person or persons whatsoever, any thing in the act of the 8th & 9th session of the first parliament of Scotland of king William, or any other act or acts notwithstanding. But the act does not authorize Roman catholics to be governors, tutors, curators, or factors to the children of protestant parents, or to be otherwise employed in their education, or the trust or management of their affairs, or to be schoolmasters, professors, or public teachers of any science to to any person or persons whomsoever within that part of the kingdom.]
Portion of tithes. See Tithes.
IT may be well here to transcribe the masterly sketch of the
practice of the ecclesiastical courts given by Blackstone. Their ordinary course of proceeding is, First, by citation, to call the injuring party before them. Then by libel, libellus, a little book, or by articles drawn out in a formal allegation to set forth the complainant's ground of complaint. To this succeeds the defendant's answer upon oath, when if he denies or extenuates the charge, they proceed to proofs by witnesses examined, and their depositions taken down in writing by an officer of the court. If defendant has any circumstances to offer in his defence, he must also propound them in what is called his defensive allegation, to which he is entitled in his turn to plaintiff's answer on oath, and may from thence proceed to proofs as well as his antagonist. The canonical doctrine of purgation, whereby the parties were obliged to answer on oath to any matter however criminal that might be objected against them, was overturned by 13 C. 2. c. 12. $ 4. (See Durgation.) When all the pleadings and proofs are concluded they are referred to the consideration, not of a jury, but of a single judge, who takes information by hearing advocates on both sides, and thereupon forms his interlocutory decree or definitive sentence at his own discretion; from which there generally lies an appeal (see Appeal), though if the same be not appealed from in 15 days it is final by the statute 13 H. 8. c. 19. See 3 Bla. C. p. 100.]”
Praemonstratenses. See Monasteries.
Draemunire. See Courts.
Praestation. See Dension.