Statutes of the Realm: Volume 6, 1685-94. Originally published by Great Britain Record Commission, s.l, 1819.
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1 Jac. I. c. 4.
Whereas by a Statute made in the First Yeare of the Raigne of our late Soveraigne Lady Queene Elizabeth Entituled An Act to restore to the Crowne the Ancient Jurisdiction over the Estate Ecclesiasticall and Spirituall and Abolishing all Forreigne Powers Repugnant to the same, the Persons therein mentioned were obliged to take an Oath therein mentioned commonly called the Oath of Supremacy And whereas by another Statute made in the Third Yeare of the Raigne of our late Soveraigne Lord King James the First Entituled An Act for the better Discovering and Repressing Popish Recusants another Oath commonly called the Oath of Allegiance or Obedience was required to be taken by the Persons therein mentioned
II. Former Oaths abrogated.
Bee it Enacted by the Kings and Queens most Excellent Majestyes by and with the Advice and Consent of the Lords Spirituall and Temporall and the Commons in this present Parlyament Assembled and by the Authoritie of the same That from henceforth noe Person whatsoever shall be obliged to take the said Oathes or either of them by Force or Vertue of the said Statutes or either of them or any other Statute whatsoever But that the said Statutes and every other Statute for soe much onely as concerns the said Oathes and the said Oathes themselves shall be and are hereby Repealed utterly Abrogated and made Void.
III. The new Oaths and Declaration; by whom and how to be taken.;
Archbishops and Bishops, and all Persons above the Degree of a Baron.
And bee it further Enacted by the Authoritie aforesaid That the Oathes appointed by this present Act to be Taken and the Declaration likewise appointed by this present Act to be Made Repeated and Subscribed shall from and after the First day of May in the Yeare One thousand six hundred eighty nine be Taken Made Repeated and Subscribed by every such Person and Persons as were appointed and required by any Act or Acts whatsoever to take the said Abrogated Oathes of Supremacy and Allegiance or either of them before such Person or Persons as hereafter in this Act is Expressed That is to say All and every Arch-Bishop and Bishop that now is and all and every Person of or above the Degree of a Baron of Parlyament in Their Majesties High Court of Chancery or in Their Majestyes Court of Kings Bench in publicke and open Court betweene the Houres of Nine of the Clocke and Twelve in the Forenoone before the end of Trinity Terme next or at the Generall Quarter Sessions to be holden for that County or Place where he or they shall be inhabite or reside in open Court betweene the said Houres of Nine and Twelve of the Clocke in the Forenoone before the First day of August next, all which shall be putt on Record in the respective Courts
IV. Before whom the new Oaths to be taken.
And all and every [other (fn. 1) ] such Person and Persons shall take the said Oathes and make repeate and subscribe the said Declaration by this present Act required to be taken made and subscribed before such Person or Persons respectively as by any Act or Acts were Authorized or Impowered to tender the said Oath of Allegiance now Abrogated and made Void which said Person or Persons soe respectively authorized to minister or tender the said Oaths and Declaration are hereby required to minister and tender the same accordingly.
V. All Persons admitted into Offices or Employments to take the Oaths.
Neglecting, &c. Penalty.
And bee it further enacted by the Authoritie aforesaid That all Persons (other then such concerning whome other Provision shall be made in this Act or in any other Act of this present Session of Parlyament) that shall hereafter be admitted into any Office or Imployment Ecclesiasticall or Civill or come into any Capacity in respect or by reason whereof they should have beene obliged by any Statute to take the said Abrogated Oaths or either of them shall take the Oaths hereby appointed in such Manner at such Times before such Persons and in such Courts and Places as they should or ought to have taken the said former Oaths or either of them in case the same had not beene Abrogated as aforesaid And that every such Person who shall neglect or refuse to take the same shall incurr and be lyable to the same Penalties Forfeitures Disabilities and Incapacities as by any such Statute was appointed for or upon neglect or refusall to take the said former Oathes hereby Abrogated or either of them
VI. Persons now in Office neglecting to take the Oaths.
And bee it further enacted That if any Person now haveing any Office or Imployment Civill or Military shall neglect or refuse to take the said Oaths hereby appointed to be taken in such manner as by this Act is directed before the First day of August in the Yeare One thousand six hundred eighty nine [or sooner if required thereunto by any Order from His Majestie in Councill before such Persons as by the said Order shall be appointed to take and receive the same (fn. 2) ] That in every such Case the said Office and Employment of every Person soe neglecting or refuseing shall be void and is hereby adjudged void.
VII. Ecclesiastical Persons in Benefices, &c. to take the Oaths.
Neglecting, Suspension; and not taking them within Six Months,; Deprived.
And bee it further Enacted by the Authoritie aforesaid That if any ArchBishop or Bishop or any other Person now haveing any Ecclesiasticall Dignitie Benefice or Promotion shall neglect or refuse to take the Oathes by this Act appointed to be taken in such manner as by this Act is directed before the First day of August in the Yeare One thousand six hundred eighty nine Every such Person and Persons soe neglecting or refuseing shall be and is and are hereby declared and adjudged to be Suspended from the Execution of his or their Office by the Space of Six months to be accounted from the said First day of August, And if the said Person or Persons (soe haveing neglected or refused) shall not within the said space of Six months take the said Oathes in such Manner Court or Place as they ought to have taken the same before the said First day of August Then he or they shall be ipso facto deprived and is and are hereby adjudged to be deprived of his and their Offices Benefices Dignities and Promotions Ecclesiasticall
VIII. Master and Fellows of Colleges Professors, &c.
Neglecting, &c.; Suspended; and not taking within Six Months,; Office void.
And bee it further enacted That if any Person or Persons now being Master Governour Head or Fellow of any Colledge or Hall in either of the two Universities or of any other Colledge or Master of any Hospitall or Schoole or Professor of Divinity Law Physicke or other Science in either of the said Universities or in the City of London shall neglect or refuse to take the Oaths by this Act appointed to be taken in such Manner and before such Persons as by this Act is directed before the First day of August in the Yeare One thousand six hundred eighty nine Every such Person and Persons soe neglecting or refuseing shall be and is and are hereby declared and adjudged to be suspended from the Execution of his or their Office and Employment and from his or their Mastershipp Government Fellowship and Professorship respectively for the space of Six Months to be accounted from the said First day of August, And if the said Person or Persons (soe haveing neglected or refused) shall not within the said space of Six months take the said Oaths in such Court or Place and before such Persons and in such Manner as they ought to have taken the same before the said First day of August That in every such Case the said Office and Employment Mastership Government Fellowship and Professorship of every Person soe neglecting or refuseing shall be void and is hereby adjudged void.
IX. Persons refusing to take Oaths when tendered;
Imprisonment for Three Months; or Payment of Fine,; for the Use of the Poor.; And again refusing Three Months afterwards,; Imprisonment for Six Months; or Payment of Fine, to the Poor.; And Oaths again tendered or Sureties for good Behaviour.; Refusing; Punishment.; Refusing to make and subscribe Declaration of 30 Car. II. st. 2. c. I.; Deemed a Popish Recusant Convict.
And bee it further enacted That if any such other Person or Persons (other then the Persons specially above mentioned) shall refuse to take the said Oathes or either of them when tendered to him or them by any Persons lawfully authorized as is aforesaid to administer or tender the same the Person or Persons soe tendring the said Oathes or either of them shall Committ the said Person [or (fn. 3) ] Persons soe refuseing to the Common Goale or House of Correction there to remaine without Baile or Mainprize for the space of Three months unlesse such Offender shall pay downe to the said Person or Persons soe tendring the said Oathes or either of them such Summe of Money not exceeding Forty Shillings as the said Person and Persons soe tendring the said Oaths or either of them shall require such Offender to pay for his or her said refusall which Money shall be paid to the Churchwardens or Overseers of the Poore for the reliefe of the Poore of the Parish or Place where such Offender did last inhabite And if at the end of Three months after such refusall the Person and Persons soe refuseing shall againe refuse to take the said Oaths or either of them when lawfully tendred to him or them as is aforesaid the said Person or Persons soe tendring the said Oaths or either of them shall Committ the said Person and Persons soe refuseing to the Common Goale or House of Correction there to remaine for the space of Six Months unlesse every such Offender shall pay downe to the Person or Persons soe tendring the said Oaths or either of them such Summe of Money not exceeding Ten Pounds nor under Five pounds as the said Person or Persons soe tendring the said Oaths or either of them shall require such Offender to pay for his or her said Second refusall The said Money to be disposed in manner aforesaid And unlesse every such Offender shall become bound with two sufficient Sureties with Condition to be of the Good Behaviour and alsoe to appeare at the next Assizes or Generall Goale delivery to be holden for the County Liberty or Place where such Offender shall then inhabit or reside at which Assizes or Goale-delivery the said Oaths shall be againe tendred to every such Offender by the Justices of Assizes or Goaledelivery in their open Assizes or Goale-delivery And if the said Offender shall refuse to take the said Oaths or either of them when tendred to him or her by the said Justices of Assizes or Goale-delivery as is aforesaid Then every Person and Persons soe refuseing shall be and is and are hereby adjudged incapable of any Office Civill or Military within this Kingdome and shall likewise be and remaine bound to the Good Behaviour untill he or they doe take the said Oaths And in case such Person or Persons shall refuse alsoe to make and subscribe the Declaration mentioned in the Statute made in the Thirtyeth Yeare of the Raigne of King Charles the Second Entituled An Act for the more effectuall Preserveing the King's Person and Government by disableing Papists from Sitting in either House of Parliament such Person and Persons shall suffer all Paines Penalties Forfeitures and Disabilities as a Popish Recusant Convict and be taken and deemed a Popish Recusant Convict to all Intents and Purposes whatsoever
X. Land and Sea Officers, to take the Oaths and make, &c. the Declaration of 30 Car. II, st. 2. c. 1.;
Refusing; Incapacity to hold Employment.
And bee it further Enacted by the Authoritie aforesaid That all and every Commission Officer and Officers and Non-Commission or Warrant Officer and Officers that are already employed in Their Majestyes Service by Sea or Land shall take the said Oaths and alsoe make repeate and subscribe the Declaration mentioned in the said Statute made in the Thirtyeth Yeare of the Raigne of King Charles the Second before the Lord High Admirall of England or the Commissioners for Executeing the Office of Lord High Admirall or their Deputyes or such other Persons as Their Majestyes shall authorize and appoint to administer and accept the same respectively And that all and every such Person and Persons as shall hereafter be putt into any such Employment by Sea or Land shall before the Delivery of such Commission or Warrant to such Officer take the said Oaths and make repeate and subscribe the said Declaration before the Lord High Admirall or Commissioners of the Admiralty or their Deputies as aforesaid or such Person as shall issue such Commission or Warrant or such others as shall be authorized to administer the same as aforesaid respectively who are hereby respectively authorized and required to tender administer and accept the same And all and every such Officer or Officers that shall refuse to take the said Oaths and make and subscribe the said Declaration shall be incapeable of receiveing takeing holding or executeing such Office or Employment.
XI. Oath of 13 & 14 Car. II. c. 3.; and Part of Declaration of c. 4.
And bee it further enacted That the Oath appointed by the Statute made in the Thirteenth Yeare of King Charles the Second Entituled An Act for Ordering the Forces in the severall Countyes of this Kingdome the Forme and Words of which Oath are in the same Statute expressed And alsoe soe much of a Declaration prescribed in another Act made in the same Yeare Entituled An Act for the Uniformity of Publick Prayers and Administration of the Sacraments and other Rites and Ceremonies And for establishing the Forme of Makeing Ordaining and Consecrating Bishops Priests and Deacons in the Church of England as is expressed in these Words (Viz)
I A B Declare That it is not Lawfull upon any Pretence whatsoever to take Arms against the King and that I doe abhor that Traiterous Position of takeing Arms by His Authority against His Person or against those that are Commissioned by Him.
Not to be required.
Shall not from henceforth be required or enjoyned nor any Person suffer any Forfeiture Penalty or Losse by the not takeing subscribeing or makeing the said Oath or the said recited part of the said Declaration The last forementioned Statutes or any other Law or Statute to the contrary in any wise notwithstanding.
And bee it Enacted That the Oathes that are intended and required to be taken by this Act are the Oathes in these expresse Words hereafter following.
Form of Oaths,
I A B doe sincerely Promise and Sweare That I will be Faithfull and beare true Allegiance to Their Majestyes King William and Queene Mary Soe helpe me God &c.
I A B doe Sweare That I doe from my Heart Abhor Detest and Abjure as Impious and Hereticall that Damnable Doctrine and Position That Princes Excommunicated or Deprived by the Pope or any Authoritie of the See of Rome may be Deposed or Murthered by their Subjects or any other whatsoever
And I doe Declare That noe Forreigne Prince Person Prelate State or Potentate hath or ought to have any Jurisdiction Power Superiority Preeminence or Authoritie Ecclesiasticall or Spirituall within this Realme Soe helpe me God &c.
XIII. Names of Persons who take the Oaths enrolled,
Viewed without Fee; Fee for enrolling.
[And bee it further Enacted by the Authority aforesaid That the Names of all and singular such Persons and Officers aforesaid that doe or shall in the Court of Chauncery Kings Bench or Quarter Sessions take the Oathes by this Act required or appointed to be taken shall be in the said 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 kept onely for that intent and purpose and for noe other The which Rolls as for the Court of Chauncery shall be publickly hung up in the Office of the Petty Bagg And the Rolls for the Kings Bench in the Crowne Office of the said Court and in some publicke Place in every Quarter Sessions and there remaine dureing the whole Terme every Terme in and dureing the whole time of the said Sessions every Quarter Sessions for every one to resort to and looke upon without Fee or Reward And 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 aforesaid above the Summe of Twelve pence for his or their Entry of his or their takeing of the said Oathes by this Act required or appointed to be taken.
13 Car. II. stat. 2. c. I. Proviso for Officers taking the Oaths before 1st August 1689.
And whereas since the Eleventh day of December in the Yeare of our Lord One thousand six hundred eighty eight the said Abrogated Oaths could not be taken by any Person that was Elected or placed in any Office of Magistracy or Place of Trust, relateing to or concerning the Government of any City Corporation Burrough Cinque Port or their Members or other Port Towne at the time of his being Admitted and Sworne into such Office Place or Employment by reason whereof his said Election Placeing and Choice into such Office or Imployment by one Act Intituled An Act for the well Governing of Corporations Is Enacted and Declared to be Void Bee it therefore Enacted by the Authority aforesaid That if any such Officer shall before the First day of August in the Yeare of our Lord One thousand six hundred eighty nine take the Oaths herein mentioned and required to be taken before such Person or Persons who by the said Act should have administred the said abrogated Oaths at the time of his admission into such Office or Imployment the said Election and Placeing into such Office or Employment shall be taken and adjudged to be as good and effectuall as if he had taken the said abrogated Oaths Any thing in the said Act or in any other Statute to the contrary in any wise notwithstanding.
The like Proviso for Officers who have been admitted since Michaelmas.
And whereas since the Feast of Saint Michaell last past diverse Persons have beene admitted into Offices Employments or Places of Trust and could not take the said abrogated Oaths and subscribe the Declaration at such time and in such manner as is directed and appointed by one Act made the Five and twentieth of the late King Charles the Second Intituled An Act for preventing of Dangers that may happen from Popish Recusants Bee it therefore Enacted by the Authoritie aforesaid That if any such Person shall before the end of Trinity Terme next in the High Courts of Chauncery or Kings Bench or before the First of August in the Yeare of our Lord One thousand six hundred eighty nine at the Quarter Sessions: for that County or Place where he or they shall inhabit or reside or execute the said Office or Employment take the Oaths in this Act mentioned and appointed to be taken and repeate and subscribe the said Declaration and take the Sacrament of the Lords Supper according to the Usage of the Church of England and procure Certificate thereof in such manner as in the said Act is required directed and appointed That then such Person shall and is hereby Indempnified and Discharged from any Penalty or Disability that he might or should have incurred by the said Act and shall and is hereby adjudged to have beene and be as good and sufficient an Officer from the time of his Admission as if he had taken the said abrogated Oaths and performed all other things required by the said Act Any thing to the contrary in any wise notwithstanding
XVI. The King may allow 12 Nonjuring Clergymen Subsistence out of their Benefices.
Provided alwayes and bee it Enacted by the Authoritie aforesaid That it be left to the King to allow to such of the Clergy as shall refuse the Oaths p[re]scribed by this Act as he shall thinke fitt not exceeding the number of Twelve an Allowance out of their Ecclesiasticall Benefices or Promotions for their Subsistance not exceeding a Third Part and to continue dureing His Majesties Pleasure and noe longer.1]