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288

Of subordinate Magistrates. Book I. ferer hospital in such county, &c. to be raised off the

county at large. The commissioners of imprest accounts 46 Geo.3.c. 95. are authorized by the 46 Geo.3. c.95.s. 6. & 8. I. to exercise 9. 6. & 8. l.

• all such powers for obtaining of the accounts, statements, Accounts of in- and returns by this act, (s. 6.) required to be made, reformaries to be haid before.com- lating to the several infirmaries and hospitals in Ireland, missioners of and in examining and stating the accounts of the receipt imprest accounts.

and expenditure, and of the debts and credits of such

infirmaries and hospitals, as are vested in said com45Geo.3.c.111. missioners by the 23 & 24 Geo. 3. c. 26. I. The 45

Geo. 3. c. 111. s. 3. I. recites that the distance of many
County dispen- parts of each county from the infirmary therein establihed,

does not allow to the poor of those parts the advantages
which the infirmary was proposed to afford, and enacts
that where any such corporation shall certify to the grand
jury of the county, that they have received from private
subscription or donation, any sum since the preceding
assizes, for the purpose of establishing in any town or
place therein, a dispensary for furnishing medicine and
giving medical aid to the poor, it shall be lawful for such
grand jury to present to be raised on the county at large,
a sum equal to the sum so received, to be applied in
providing medicines or medical or surgical aid for the
poor of such town or place and its neighbourhood, in
such manner as the governors and governesses, or a
committee of them not fewer than 5, appointed at a
quarterly meeting, shall deem most advisable, and all
monies so raised by presentment, or received from pri-
vate subscription, &c. shall be accounted for upon oath
at each summer assizes. And by s. 4. every subscriber
of one guinea toward the establishment or maintenance
of any such local dispensary, or towards the county hos-
pital or infirmary, shall be a member of the body cor-
porate for the infirmary of such county for one year from
such payment, so far as relates to the management and
direction of such local dispensary.

CHAP.

CHAP. X.

Of the People, whether Aliens, Denizens, or

Nativos.

Proieslan

senters, or ca.

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THE classification of the people into aliens, denizens, and natives, leads to the consideration of the statutes, Natites, whether which prescribe certain forms of oaths and declarations en to be taken and subscribed by the several classes of tholics. aliens and native subjects, as tests of fidelity to the king, and as renunciations of tenets and principles hostile to the settlement of the crown, and subversive of the protestant religion and government; and which were calculated also to confine the offices of trust and power to those, who were conceived to be best disposed to uphold the establishments in church and state.

The present form of the oath of allegiance, as esta- Qath of alle blished by the i Geo. 1. st. 2. c. 13. Eng. was taken from the 1 W. & M. st. 1. C. 8. Eng. which abrogated the c. 13. Eng. old oath, as prescribed by the 3 Jac. 1. c. 4. Eng. and is in the following words: “I, A. B. do sincerely pro“ mise and swear, that I will be faithful, and bear true “ allegiance to his majesty king George. So help me God.”

The oath of abjuration was first required to be taken in Oath of abjur England by the 13 W. 3. c. 6. Eng. but was afterwards **** altered by the i Ann. st. 1. c. 22. 5 Ann. c. 8. 6 Ann. 6 Gen. 3. c. 53.

· Eng. c. 7. I Geo. 1. st. 2. c. 13. and was settled by the 6 Geo. 3. c. 53. Eng. according to its present form, viz. “ I, A. B. do truly and sincerely acknowledge, profess, “ testify, and declare, in my conscience, before God “ and the world, that our sovereign lord king George is “ lawful and rightful king of this realm, and all other “ his majesty's dominions and countries thereunto be“ longing. And I do solemnly and sincerely declare, “ that I do believe in my conscience, that not any “ of the descendants of the person, who pretended “ to be prince of Wales during the life of the late “ king James the second, and since bis decease pre“ tended to be, and took upon himself the stile “ and title of, king of England, by the name of VOL. I.

“ Jaines

“ James the third, or of Scotland, by the name of James “ the eighth, or the stile and title of king of Great Bri“ tạin, hath any right or title whatsoever to the crown “ of this realın, or any other the dominions thereunto " belonging: and I do renounce, refuse, and abjure, as any allegiance or obedience to any of them. And I “ do swear, that I will bear faith and true allegiance to “his majesty king George, and him will defend to the « utmost of my power, against all trajtorous conspiracies “and attempts whatsoever, which shall be made against “ his person, crown, or dignity. And I will do my ut“ most endeavour to disclose and make known to bis ma"jesty, and his successors, all treasons and traitorous “ conspiracies, which I shall know to be against him, or “ any of them. And I do faithfully promise to the ut.“ most of my power, to support, maintain, and defend “ the succession of the crown, against the descendants of “ the said James, and against all other persons what“soever, which succession, by an act, intitled, “ An act “ for the further limitation of the crown, and better se“curing the rights and liberties of the subject,” is and “ stands limited to the princess Sophia, electress and “ duchess dowager of Hanover, and the heirs of her « body being protestants. And all these things I do " plainly and sincerely acknowledge and swear, accord“ing to these express words by me spoken, and accord“ing to the plain common sense and understanding of “ the same words, without any equivocation, mental “ evasion, or secret reservation whatsoever. And I do “ make this recognition, acknowledgment, aljuration, “ renunciation, and promise, heartily, willingly, and

“ truly, upon the true faith of a christian.” Call of supre. The oath of supremacy, which was first appointed

sy to be taken in the reign of Henry VIII. and afterC. 8. Eng. wards modified in the reign of Elizabeth, was finally

settled by the 1 W. & M. st. 1. c. 8. Eng, according to its present form, viz. “I, A. B. do swear, that I do “ from my heart abhor, detest, and abjure, as impious

“ and heretical, tbat damnable doctrine and position, ..." that princes excommunicated or deprived by the pope,

“ or

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1 Geo. 1. st. 2.

a or any authority of the see of Rome, may be deposed “ or murdered by their subjects, or any other, what

soever. And I do declare that no foreign prince, per

son, prelate, state, or potentate, hath or ought to have “ any jurisdiction, power, superiority, pre-eminence, or “ authority, ecclesiastical or spiritual, within this realm. “ So help me God.” By the 1 Geo. 1. st. 2. c. 13. Eng. as amended by the Oaths, by whom

to be taken. 2 Geo. 2. c. 31. Eng. 9 Geo. 2. c. 26. Eng. and 6 Geo. 3. c. 53. Eng. every person that shall bear any office, civil c. 13. Eng.

9 Geo. 2. c. 31. or military, or shall receive any pay, salary, fee, or wages, Eng.

9 Geo. 2. c. 26. by patent or grant from his majesty; or shall have any Eng command or place of trust under his majesty, or by his 6 Geo. 3. c. 53. authority, in Great Britain, or in the navy, or in Jersey or Guernsey, or shall be of the household, or in the service or employment of his majesty; and all ecclesiastical persons, heads and other members of colleges and halls in any university that are of the foundation, or enjoy any exhibition, being of the age of 18 years; and all persons teaching or reading to pupils, and all schoolmasters and ushers, and preachers and teachers of separate congregations; all constables, and every serjeant at law, .counsellor at law, barrister, advocate, attorney, solicitor, (writer in Scotland) proctor, clerk or notary, practising in any court, shall take the oaths of allegiance, abjuration and supremacy, in Ch. K. B. C. B. or Exc, at Westminster, or at the quarter sessions of the county, &c. where such person shall be or reside, at any time when and where within 6 calendar months * after he shall be admitted into, or enter upon any such preferment, &c. or come into such capacity, or take upon him such practice, &c. and every person taking the same shall subscribe his name, or if he cannot write make his mark, and during the time of taking said oaths, all pleas and proceedings shall cease. But persons beyond the seas may, by the 9Geo.2.c.26.s.4. Eng. take and subscribe said g Geo. 2.6.26. oaths, within 6 calendar months after their return to or s. 4. Eng.

Persons beyond arrival in England. The i Geo. 1. st. 2. c. 13. Eng. The seas. is declared (by s. 20.) not to extend to the office of 1 Geo. 1. st. 2. tithingman, headborough, overseer of the poor, church. c. 13. s. 20. F.n;.

Inferior offices U 2

warden, excepted." * By the 9 Geo. 2. c. 26. Eng.

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S. 31..

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warden, surveyor of the highways, or any like inferior civil office; or to the office of forester, or keeper of any

park, chase, warren, or game, or bailiff of any manor or s. 18. lands, nor to any such private offices. And by s. 18. Offices of inhe

offices of inheritance are also excepted, in case a deritance. puty shall be substituted, who shall take the oaths pre

scribed by this act, and also qualify himself according to the 25 Car. 2. c. 2. (vide post) ånd so as such deputy shall be approved of by the king under his privy signet. By s. 9. the proper officer shall have of every person taking and subscribing said oaths, 28.; and a register of the names of all persons who shall take, &c. said oaths, is thereby required to be kept in a book, and of the time when they took &c. the same, to which any person may resort: but by s. 31. no seaman or soldier, under the degree of a commission or warrant officer, shall pay any fee on taking the oaths. And by s. 7. all persons that shall

neglect or refuse to take said oaths and subscribe thereto, Offices toid for shall be incapable to enjoy such offices, &c. or any profit neglect, &c. lo take oaths. appertaining to them, and every such office, &c. shall

be void: but by s. 14. any person who shall so lose or forfeit any office, shall be capable of a new grant of such office, or of any other, upon taking and subscribing

said oaths, so as such office be not granted or enjoyed

• by some person at the time of regranting thereof. Declaration By the 25 Car. 2. c. 2. Eng. as amended by the 9 against transub- Geo. 2. c. 26. Eng. every person that shall be admitted 25 Car. 2.c. 2. into any office, civil or military, or receive any pay, sa.c. 26. lary, fee or wages, by reason of any patent or grant of

his majesty, or have any command or place of trust, under or by authority of the king, in England, Wales, or Berwick upon Tweed, or in the navy, or in Jersey or Guernsey, or be in any service or employment in his majesty's household or family, and reside within the cities of London or Westininster, or within 30 miles of the same, shal) make and subscribe the following declaration against transubstantiation, viz. “I, A. B. do de“ clare, that I do believe that there is not any transub« stantiation in the sacrament of the Lord's supper, or « in the elements of bread and wine, at or after the con

. “ secration

S, 14.

stuntiation.

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