fufing to the common goal or house of correction, there to remain for the fpace of fix months, unless every fuch offender fhall pay down to the perfon or perfons fo tendring the faid oaths, or either of them, fuch fum of money, not exceeding ten pounds, nor under five pounds, as the faid person or perfons fo tendring the faid oaths, or either of them, fhall require fuch offender to pay for his or her faid fecond refufal; the faid money to be difpofed in manner aforefaid; and unless every fuch offender fhall become bound with two fufficient fureties, with condition to be of the good behaviour, and alfo to appear at the next affizes or general gaol-delivery to be holden for the county, liberty, or place where fuch offender fhall then inhabit or refide; at which affizes or gaol-delivery the said oaths shall be again tendred to every such offender by the juftices of affizes or gaol-delivery, in their open affizes or gaol-delivery; and if the faid offender fhall refuse to take the faid oaths, or either of them, when tendred to him or her by the faid juftices of affizes 30 Car. 2. ftat. or gaol-delivery, as is aforefaid, then every person and perfons fo refufing, shall be and is and are hereby adjudged incapable of any office, civil or military, within this kingdom, and shall likewise be and remain bound to the good behaviour, until he or they do take the faid oaths. And in cafe fuch perfon or perfons fhall refuse also to make and subscribe the declaration mentioned in the statute made in the thirtieth year of the reign of King Charles the Second, intituled, An att for the more effectual preferving the King's perfon and government, by difabling papifts from fitting in either houfe of parliament, fuch perfon and perfons fhall fuffer all pains, penalties, forfeitures, and difabilities as a popish recufant convict, and be taken and deemed a popish recufant convict, to all intents and purposes whatsoever.

Third refufal. Penalty for refufing decla. ration.

2. C. I.

Land and fea X. And be it further enacted by the authority aforefaid, That officers to take the oaths all and every commiffion-officer and officers, and non-commifand declara- fion or warrant-officer and officers, that are already imployed in tion. their Majefties fervice by fea or land, fhall take the faid oaths, and alfo make, repeat, and fubfcribe the declaration mentioned in the faid ftatute made in the thirtieth year of the reign of King Charles the Second, before the lord high admiral of England, or the commiffioners for executing the office of lord high admiral, or their deputies, or fuch other perfons as their Majefties fhall authorize or appoint to adminifter and accept the fame refpectively; and that all and every fuch perfon and perfons as thall hereafter be put into any fuch imployment by fea or land, fhall, before the delivery of fuch commiffion or warrant to fuch officer, take the faid oaths, and make, repeat, and fubfcribe the faid declaration before the lord high admiral, or commiffioners of the admiralty, or their deputies, as aforefaid, or fuch perfon as fhall iffue fuch commiffion or warrant, or such others as fhall be authorized to adminifter the fame as aforefaid refpectively, who are hereby respectively authorized and required to tender, adminifter, and accept the fame; and all and every fuch officer or officers, that fhall refufe to take the faid oaths,

Fenalty.

and

and make and fubfcribe the said declaration, fhall be incapable n of receiving, taking, holding, or executing fuch office or imployment.

XI. And be it further enacted, That the oath appointed by The oath and the statute made in the thirteenth and fourteenth years of King declaration Charles the Second, intituled, An act for ordering the forces in the appointed by feveral counties of this kingdom, the form and words of which two acts of 13 & 14 Car. 2. oath are in the fame ftatute expreffed; and alfo fo much of a c. 3. & 4. made declaration prescribed in another act made in the fame year, in- void, tituled, An act for the uniformity of publick prayers, and adminifiration of the facraments, and other rites and ceremonies: and for establishing the form of making, ordaining, and confecrating bishops, priests, and deacons, in the church of England, as is expressed in thefe words, (viz.)

IA. B. declare, That it is not lawful upon any pretence whatsoever to take arms against the King; and that I do abhor that traiterous pofition of taking arms by his authority against his person, or against thofe that are commiffioned by him:

fhall not from henceforth be required or enjoined, nor any perfon fuffer any forfeiture, penalty, or lofs, by the not taking, fubfcribing, or making the faid oath, or the faid recited part of the faid declaration; the laft fore-mentioned statutes, or any other law or ftatute to the contrary in any wife notwithstanding.

XII. And be it enacted, That the oaths that are intended Oaths by this and required to be taken by this act, are the oaths in these ex- act. prefs words hereafter following;

IA, B. do fincerely promife and fwear, That I will be faithful, an: bear true allegiance, to their majefties King William and Queen Mary:

So help me God, &c.

A. B. do fwear, That I do from my heart abhor, deteft, and abjure, as impious and heretical, that damnable doctrine and pofition, That princes excommunicated or deprived by the pope, or any authority of the fee of Rome, may be depofed or murdered by their fubjects, or any other whatfoever.

And I do declare, That no foreign prince, perfon, prelate, State, er potentate, hath or ought to have any jurifdiction, power, fuperiority, pre-eminence, or authority, ecclefiaftical or spiritual, within this realm:

So help me God, &c.

XIII. And be it further enacted by the authority aforefaid, That the names of all and fingular fuch perfons and officers aforefaid, that do or fhall, in the court of chancery, King's bench, or quarter feffions, take the oaths by this act required or appointed to be taken, fhall be in the faid refpective courts of chancery and King's bench, and the quarter feffions, inrolled with the day and time of their taking the fame, in rolls made

Names of per

fons who take the oaths to

be inrolled,

and

and kept only for that intent and purpose, and for no other, The which rolls, as for the court of chancery, shall be publickly hung up in the office of the petty-bag; and the rolls for the King's bench, in the crown office of the faid court; and in fome publick place in every quarter sessions, and there remain, during the whole term, every term, and during the whole time of the faid feffions, in every quarter feffions, for every one to refort to, and look upon without fee or reward. And none of the perfon or perfons aforefaid fhall give or pay, as any fee or reward to any officer or officers belonging to any of the courts as aforefaid, above the fum of twelve pence for his or their enfor the oath. try of his or their taking of the faid oaths by this act required or appointed to be taken..

to be viewed without fee.

Twelve pence

Provifion for members of

fince December laft.

2. C. 1.

XIV. And whereas fince the eleventh day of December, in the corporations year of our Lord, one thousand fix hundred eighty eight, the faid abwho could not rogated oaths could not be taken by any perfon that was elected or placed take the abro- in any office of magistracy, or place of trust relating to or concerning gated oaths the government of any city, corporation, borough, cinque-port, or their members, or other port-town, at the time of his being admitted and 13 Car. 2. ftat. fworn into fuch office, place, or employment, by reafon whereof his faid election, placing, and choice into fuch office or employment, by one act, intituled, An act for the well governing of corporations, is enacted and declared to be void; be it therefore enacted by the authority aforefaid, That if any fuch officer fhall, before the first day of August, in the year of our Lord one thousand fix hundred eighty nine, take the oaths herein mentioned and required to be taken, before fuch perfon or perfons, who by the faid act should have adminiftred the faid abrogated oaths, at the time of his admiffion into fuch office or employment, the faid election and placing into fuch office or employment shall be taken and adjudged to be as good and effectual, 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 wife notwithstanding. XV. And whereas fince the feast of St. Michael last paft, divers officers who perfons have been admitted into offices, employments, or places of truft, could not take and could not take the faid abrogated oaths, and fubfcribe the declarathe abrogated tion at fuch time, and in fuch 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 hap25 Car.2. c. 2, pen from popifh recufants; be it therefore enacted by the authority aforefaid, That if any fuch perfon fhall, before the end of Trinity term next, in the high courts of chancery or King's bench, or before the first of August, in the year of our Lord one thousand fix hundred eighty nine, at the quarter feffions for that county or place where he or they fhall inhabit or refide, or execute the faid office or employment, take the oaths in this act mentioned and appointed to be taken, and repeat and fubfcribe the faid declaration, and take the facrament of the Lord's fupper according to the ufage of the church of England, and procure certificate thereof, in fuch manner as in the faid act is required, directed, and appointed, that then fuch person thall

Provision for

oath fince Michaelmas

jaft.

and

and is hereby indemnified and discharged from any penalty or disability that he might or should have incurred by the said act, and fhall and is hereby adjudged to have been and be as good and fufficient an officer from the time of his admiffion, as if he had taken the faid abrogated oaths, and performed all other things required by the faid act; any thing to the contrary in any wife notwithstanding.

XVI. Provided always, and be it enacted by the authority King may alaforefaid, That it be left to the King, to allow to fuch of the low to 12 of clergy as fhall refufe the oaths prefcribed by this act, as he fhall the nonjurant think fit, not exceeding the number of twelve, an allowance clergy fubfiftout of their ecclefiaftical benefices or promotions for their fubfiftence, not exceeding a third part, and to continue during his Majefty's pleasure, and no longer.

CAP. IX.

An act for the amoving papifts, and reputed papifts, from the cities of London and Westminster, and ten miles diftance from the fame.

WHER

THEREAS the great numbers of papits reforting to the cities of London and Westminster are and for a long time have been found dangerous to the peace and fafety of this kingdom: For the better preservation of the common fafety, and avoiding their mischievous practices and defigns:

ence,

Lord mayor,

II. Be it enacted by the King's and Queen's most excellent &c. may tenmajesties, by and with the advice and confent of the lords fpi- der declararitual and temporal, and commons, in this prefent parliament tion of 30 Car. affembled, and by the authority of the fame, That for the bet- 2. to papists of fo reputed. ter discovering and amoving all papifts and reputed papists out of the faid cities, and ten miles of the fame, it shall and may be lawful, and it is hereby required, that the lord mayor of London for the time being, and every juftice of the peace of the city of London, and for the city and liberties of Westminster, and borough of Southwark, and of the counties of Middlefex, Surrey, Kent, and Sufex, within their respective counties, cities, Suffex mifboroughs, and limits, do from time to time cause to be arrested taken for Essex, and brought before him every perfon or perfons, not being a infra, c. 17. merchant foreigner, within the faid cities, or within ten miles

of the fame, as are or are reputed to be papifts, and tender unto him the declaration mentioned in the ftatute made in the thirtieth year of King Charles the Second, intituled, An act for 30 Car. 2. ftat. the more effectual preferving the King's perfon and government, by 2. c. I. difabling papifts from fitting in either house of parliament: And in Penalty for recafe fuch perfon, upon fuch tender, refufe audibly and folemn- fufal. to repeat, make, and fubfcribe the faid declaration, and fhall after fuch refufal remain, continue, or be within the faid city or cities, or ten miles diftance from the fame, that in every fuch cafe he or she shall forfeit and fuffer, as a popish recufant convict by the laws already established fhall or may forfeit or fuffer.

III. And

fied to have re

fufed, if he take not the

Juftices of III. And it is hereby further enacted, That every justice of peace hall cer- peace fhall and do certify all and every fubfcription before him tify fubfcribers and refufers by virtue of this act taken, and likewise the names of all and into the King's every perfon refufing to repeat, take, make, or fubfcribe, as bench, &c. aforefaid, upon tender, under the hand and feal of the faid Penalty upon juftice, into the court of King's bench, the next term, or else perfon certiat the next quarter feffions that shall be of or for the county or place where fuch taking, fubfcribing, or refufal fhall happen: And if the faid perfon, fo refufing and certified, fhall not, within the next term or feffions after fuch refufal, appear in the court of King's bench or feffions where fuch certificate fhall be. returned, and in open court audibly and folemnly repeat, take, make, and subscribe the declaration aforefaid, and indorse or enter his fo doing upon the certificate fo returned, shall be, from the time of fuch his neglect or refufal, taken, esteemed, and adjudged a popifh recufant convict, and as fuch to forfeit and be proceeded against.

oaths next term, &c.

Tradefmen,

IV. Provided always, That this act shall not extend to fuch &c. excepted, perfon or perfons as now ufe any trade, mystery, or manual if they certify their names, occupation within the faid liberties of London and Weftminster, &c. at the fef- or within ten miles of the fame; nor to fuch as within fix fions.

Ambassadors fervants excepted.

Queen dowager's fervants Excepted.

Preamble.

months before the thirteenth day of February, one thousand fix hundred eighty eight, had their dwellings or places of abode within the faid cities, or ten miles compass of the fame, not having any dwelling or place of abode elsewhere, fo as he or they before the first day of Auguft, one thousand fix hundred eighty nine, do certify his or their names, additions, and places of abode, at the feffions of the peace to be held for the faid respective cities, counties, or places: And the clerk of the peace fhall not take or receive above two pence for the entry of the name, addition, and place of abode of any one person. V. Provided, That nothing in this act shall relate to, or have any effect upon, any foreigner that is or fhall be a menial fervant to any ambaffador or publick agent,

VI. Provided, That nothing in this act shall relate to, or have any effect upon, any perfon being a natural-born fubject of the King of Portugal, who now is, or hereafter shall be, a fworn fervant to the Queen dowager, nor to any other servants being natural-born fubjects of their Majefties, as her majesty the Queen dowager fhall under her hand and feal, from time to time for that purpose be pleased to nominate, the faid fervants fo nominated not exceeding the number of thirty at any one time, fo as none of the faid fervants, being natural-born fubjects of their Majefties, be a jefuit, prieft, monk, or fryar; any law or ftatute to the contrary notwithstanding.

CAP. X.

An act for the taking away the revenue arifing by hearth

money.

HEREAS his Majesty having been informed that the revenue of hearth-money was grievous to the people, was pleafed by his

gracious