Statutes of the Realm: Volume 5, 1628-80. Originally published by Great Britain Record Commission, s.l, 1819.
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Recital that divers Persons in Holy Orders had not declared their Assent to the Matters required by 14 (13 & 14) Car. II. c. 4.; and that they and divers other Persons not duly ordained had settled in Corporations.
Such Persons to take the Oath following.
Whereas diverse Parsons Vicars Curates Lecturers and other persons in Holy Orders have not declared their unfaigned assent and consent to the use of all things contained and prescribed in the Booke of Common Prayer and Administration of the Sacraments and other Rites and Ceremonies of the Church according to the use of the Church of England, or have not subscribed the Declaration or Acknowledgement contained in a certaine Act of Parlyament made in the Fowerteenth yeare of His Majestyes Raigne and Intituled An Act for the Uniformity of Publique Prayers and Administration of Sacraments and other Rites and Ceremonies and for the establishing the forme of makeing ordaining and consecrating of Bishops Priests and Deacons in the Church of England according to the said Act or any other subsequent Act. And whereas they or some of them and diverse other person & persons not ordained according to the Forme of the Church of England, and as have since the Act of Oblivion taken upon them to preach in unlawfull Assemblyes Conventicles or Meeteings under colour or pretence of Exercise of Religion contrary to the Lawes and Statutes of this Kingdome have setled themselves in diverse Corporations in England sometimes Three or more of them in a place thereby takeing an oportunity to distill the poysonous Principles of Schisme and Rebellion into the hearts of His Majestyes Subjects to the great danger of [the (fn. 1) ] Church and Kingdome. Bee it therefore enacted by the Kings most Excellent Majestie by and with the Advice and Consent of the Lord's Spirituall and Temporall and the Commons in this present Parlyament assembled and by the Authoritie of the same That the said Parsons Viccars Curates Lecturers and other persons in holy Orders, or pretended holy Orders, or pretending to holy Orders, and all Stipendaryes and other persons who have beene possessed of any Ecclesiasticall or Spirituall Promotion and every of them who have not declared their unfaigned assent and consent as aforesaid and subscribed the Declaration aforesaid and shall not take and subscribe the Oath following.
I A B doe sweare That it is not lawfull upon any pretence whatsoever to take Armes against the King And that I doe abhorr that Traiterous Position of takeing Armes by His Authoritie against His Person or against those that are coo[m]missionated by Him in pursuance of such Coo[m]missions And that I will not at any time endeavour any Alteration of Goverment either in Church or State.
II. Persons preaching in Conventicles not to come within Five Miles of any Corporation sending Members to Parliament,; (Exception); before they have taken the said Oath.
And all such person and persons as shall take upon them to preach in any unlawfull Assembly Conventicle or Meeting under colour or pretence of any Exercise of Religion contrary to the Lawes and Statutes of this Kingdome shall not at any time from and after the Fower and twentyeth day of March which shall be in this present yeare of our Lord God One thousand six hundred sixty and five unlesse onely in passeing upon the Road come or be within Five miles of any Citty or Towne Corporate or Burrough that sends Burgesses to the Parlyament within His Majesties Kingdome of England Principallitie of Wales or of the Towne of Berwicke upon Tweede or within Five miles of any Parish Towne or Place wherein he or they have since the Act of Oblivion beene Parson Viccar Curate Stipendary or Lecturer or taken upon them to preach in any unlawfull Assembly Conventicle or Meeting under colour or pretence of any Exercise of Religion contrary to the Lawes and Statutes of this Kingdome before he or they have taken and subscribed the Oath aforesaid before the Justices of Peace at their Quarter Sessions to be holden for the County Rideing or Division next unto the said Corporation Citty or Burrough Parish Place or Towne in open Court (which said Oath the said Justices are hereby impowered there to administer) upon forfeiture of every such offence the summe of Forty pounds of lawfull English money, the one Third part thereof to His Majestie and His Successors, the other Third part to the use of the poore of the Parish where the offence shall be committed and the other Third part thereof to such person or persons as shall or will sue for the same by Action of Debt Plaint Bill or Information in any Court of Record at Westminster or before any Justices of Assize Oyer and Terminer or Goale delivery or before any Justices of the Countyes Pallatine of Chester Lancaster or Durham or the Justices of the Great Sessions in Wales or before any Justices of Peace in their Quarter Sessions wherein noe Essoigne Protection or Wager of Law shall be allowed.
III. Such Persons, or those not frequenting the Established Church, not to teach in any public or private School, &c.
Provided alwayes and bee it further enacted by the Authoritie aforesaid That it shall not be lawfull for any person or persons restrained from comeing to any Citty Towne Corporate Burrough Parish Towne or Place as aforesaid or for any other person or persons as shall not first take and subscribe the said Oath and as shall not frequent Divine Service established by the Lawes of this Kingdome and carry him or herselfe reverently decently and orderly there [to teach any Publick or Private School (fn. 1) ] or take any Boarders or Tablers that are taught or instructed by him or herselfe or any other upon paine for every such offence to [forfeit the sum of (fn. 1) ] Forty pounds to be recovered and distributed as aforesaid.
IV. Two Justices may commit Offenders charged on Oath, unless they make and subscribe Oath and Declaration.
Provided alsoe and bee it further enacted by the Authoritie aforesaid That it shall be lawfull for any two Justices of the Peace of the respective County upon Oath to them of any offence against this Act which Oath they are hereby impowered to administer to committ the Offender for Six Monethes without Baile or Maineprize, unlesse upon or before such Commitment he shall before the said Justices of the Peace sweare and subscribe the aforesaid Oath and Declaration.
V. Proviso for Persons served with Process.
Provided alwayes That if any person intended to be restrained by vertue of this Act shall without fraude or covin be served with any Writt Subpena Warrant or other Processe whereby his personall appearance is required, his obedience to such Writt Subpena or Processe shall not be construed an offence against this Act.