By Peers, &c.

Peers and members of the Lower House must take and subscribe the oath at the time they take their seats or vote, under the same penalties as are awarded in the case of protestant members of the two houses so offending. (10 Geo. IV. c. 7, s. 4.)

By Candidates and Electors, &c.

Roman Catholics may be elected, and vote at elections of members of parliament, if otherwise qualified, upon taking the above oath. (s. 5.)

By Corporate Officers, &c.

Roman Catholics elected or appointed to corporate offices in England, must take and subscribe upon admission, or within one month previously to it, in the presence of the proper local officers, and in default of such, of two councillors or justices of the borough, or two county justices. (s. 19.) But quære as to the application of this clause to municipal corporate offices created since the act?

By Officers of the Crown.

It would seem that the provisions of the 9 Geo. II. c. 26, s. 3, as to time and place, are, with the exception of offices in the navy and army, repealed as to Roman Catholics, by the 20th section of the 10 Geo. IV. c. 7, although the language of the later act is somewhat general and vague. Every Roman Catholic appointed to "any office or place of trust or profit" under her majesty, must have taken and subscribed the oath within three calendar months before the appointment to, or before he presumes to exercise, enjoy, or act in such office or place; and either in one of the courts at Westminster, or in the Assize Court, or Court of General or Quarter Sessions, for his county or place of residence, between the hours of nine in the morning and four in the

afternoon. The penalty for exercising or enjoying such office or place, or "any other office or franchise," without the above formalities having been observed, is a fine of 2007. to the crown for each offence, and the forfeiture of such office, place, or franchise. (s. 21.) In addition to these, the fine of 500l., and the disabilities imposed by the 25 Car. II. c. 2, s. 5, and which are referred to at a later period of the treatise, may, in cases within that act, be still exacted (e). But from the operation of the last-mentioned act, naval and military officers, whose commissions were made out in Ireland, are exempted by the 53 Geo. III. c. 128.

By Ecclesiastics and Teachers.

Roman Catholic ecclesiastics, of whatever rank or order in the church, must take and subscribe the oath before officiating or exercising their functions as such. (31 Geo. III. c. 32, s. 11.) If the 3rd section of the 2 & 3 Will. IV. c. 115, extends to schoolmasters, masters, and other persons employed in all Roman Catholic schools or places for worship, education, and charitable purposes, it seems probable that such persons may take the oath at any time, as in the general case of persons desirous of taking the benefit of the 10 Geo. IV. c. 7, and the 31 Geo. III. c. 32. But it is doubtful whether the 2 & 3 Will. IV. c. 115, s. 3, be not in effect confined to schools and other places endowed under the provisions of that act. Even in the latter case it may be dangerous to rely upon the loose wording of the section. It merely provides that the oath appointed by the 10 Geo. IV. c. 7, shall be taken at the times and in manner in that act mentioned. By far the more prudent course would be for all Roman Catholic tutors and schoolmasters to take and subscribe that oath before they enter upon their calling. (31 Geo. III. c. 32, s. 14.) At any rate they are bound to do so

(e) Post, p. 49.

within the time mentioned in the 9 Geo. II. c. 26, s. 3, to which we shall presently advert. And it is certain that it will be too late to supply the omission after a party has been apprehended, or after a prosecution has been commenced against him. (18 Geo. III. c. 60, s. 5.)

By Naval and Military Officers.

Commissions in the navy and army may be made out without the oath having been required at the time. (57 Geo. III. c. 92.) But, if not taken and subscribed then, the omission must be supplied at the time and in the manner specified by the 9 Geo. II. c. 26, s. 3, which will be noticed under the next heading. This is in effect provided by the 22nd section of the 10 Geo. IV. c. 7.

Miscellaneous Cases.

Roman Catholic naval and military officers, schoolmasters and ushers, high and chief constables, serjeantsat-law, counsellors-at-law, barristers, attornies, solicitors, clerks, and notaries, must take and subscribe the oath within six months after admission or appointment as such, in one of the courts at Westminster, or at the General or Quarter Sessions for their respective counties or places of abode. If they are beyond seas at the time, they must take and subscribe it in like manner within six calendar months after their return. (9 Geo. II. c. 26, ss. 3, 4.) In many cases an omission to comply with the law in this respect continues to be punishable under the 25 Car. II. c. 2, s. 5 (ƒ).

It should be remarked that, unless otherwise provided, the Roman Catholic oath, as to the time and manner of its being taken and subscribed, must follow the formalities in these respects specified by the enactments under which the oaths it has replaced were appointed. (10 Geo. IV. c. 7, s. 23.)

(f) Post, p. 49.

Registers of Qualified Catholics.

In every court, the proper officer appointed for the administration of the oath to Roman Catholics is charged with the obligation of transmitting to the clerk of the privy council, on or before Christmas-day in each year, "lists of the persons, with their titles, additions, and place of abode," who shall have taken and subscribed such oath. (31 Geo. III. c. 32, s. 2.)

From the passing of the first Toleration Act, 18 Geo. III. c. 60, down to the present time, there have existed two classes of Roman Catholics: 1st, those who are willing to take the oath; 2nd, those who refuse it. It may be remarked, that these last are said to be neither few nor without influence. It is added, that their unwillingness is occasioned by their rigid way of construing those clauses only of the oath, that disavow an intention of subverting the church establishment, and engage the person taking the oath, not to use any privilege to the detriment of the protestant faith. But this is quite immaterial. They may not have the least objection to the declaration of allegiance or the other clauses contained in the oath ; but whatever may be their motive, they are nonjurors, and are in that capacity subject, not only to all the general disabilities that press upon their fellow Catholics who consent to take the oath; but to other and heavier ones from which the latter have been exempted by the Relief Acts.

10

CHAPTER III.

GENERAL DISABILITIES OF ROMAN CATHOLICS IN

ENGLAND.

The Crown.

By the 12 & 13 Will. III. c. 2, s. 2, which limited the crown of England to the Princess Sophia of Hanover, and the heirs of her body, being Protestants, it was enacted, that "all and every person or persons, who should or might take or inherit the said crown, by virtue of the limitation of that act, and was, were, or should be reconciled to, or should hold communion with the see or Church of Rome, or should profess the popish religion, or should marry a papist," should be excluded from, and made incapable to inherit, possess, or enjoy the crown and government of this realm. (See also the Relief Act, 31 Geo. III. c. 32, s. 12.)

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And by the act for the naturalization of the Princess Sophia, and the issue of her body, it was provided that every person and persons" thereby naturalized, "who should become a papist, or profess the popish religion," should be "adjudged and taken as an alien." (4 Ann. c. 4, s. 2.)

The Regency.

By the 10 Geo. IV. c. 7, s. 12, no person or persons professing the Roman Catholic religion, shall hold or exercise the office of guardians and justices, or regent of the United Kingdom, under whatever name, style, or title such office may be constituted. Under the late act to provide for the administration of the government in case of a demise of the crown to her present majesty while