CA P. VII. An Act for the Relief of His Majesty's Roman Catholic Sub- HEREAS by various Acts of Parliament certain Restraints jects of His Majesty, to which other Subjects of His Majesty are not liable: And Whereas it is expedient that such Restraints ' and Disabilities shall be from henceforth discontinued: And 'Whereas by various Acts certain Oaths and certain Declarations, 'commonly called the Declaration against Transubstantiation, and < the Declaration against Transubstantiation and the Invocation of Saints and the Sacrifice of the Mass, as practised in the Church ' of Rome, are or may be required to be taken, made, and subscribed by the Subjects of His Majesty, as Qualifications for 'sitting and voting in Parliament, and for the Enjoyment of cer'tain Offices, Franchises, and Civil Rights: Be it enacted by the King's most Excellent Majesty, by and with the Advice and Consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the Authority of the same, That from and after the Commencement of this Act all such Acts relating Parts of the said Acts as require the said Declarations, or either to Declarations of them, to be made or subscribed by any of His Majesty's Sub- against Tranjects, as a Qualification for sitting and voting in Parliament, or for the Exercise or Enjoyment of any Office, Franchise, or Civil Right, be and the same are (save as hereinafter provided and excepted) hereby repealed. II. And be it enacted, That from and after the Commencement of this Act it shall be lawful for any Person professing the Roman Catholic Religion, being a Peer, or who shall after the Commencement of this Act be returned as a Member of the House of Commons, to sit and vote in either House of Parliament respectively, being in all other respects duly qualified to sit and vote therein, upon taking and subscribing the following Oath, instead of the Oaths of Allegiance, Supremacy, and Abjuration: 6 A. B. do sincerely promise and swear, That I will be faithful and bear true Allegiance to His Majesty King George the Fourth, and will defend him to the utmost of my Power against all Conspiracies and Attempts whatever, which shall be made against his Person, Crown, or Dignity; and I will do my utmost Endeavour to disclose and make known to His Majesty, His Heirs and Successors, all Treasons and traitorous Conspiracies ' which may be formed against Him or Them: And I do faithfully promise to maintain, support, and defend, to the utmost of my Power, the Succession of the Crown, which Succession, by an Act, intituled An Act for the further Limitation of the Crown, ' and better securing the Rights and Liberties of the Subject, is and 'stands limited to the Princess Sophia, Electress of Hanover, and the Heirs of her Body, being Protestants; hereby utterly renouncing and abjuring any Obedience or Allegiance unto any other Person claiming or pretending a Right to the Crown of 'this Realm: And I do further declare, That it is not an Article 10 GEO. IV. 6 6 E ' of substantiation repealed. Roman Catholics may sit and vote in Parliament, on taking the following Oath. The Name of the Sovereign for the Time being to be used in the Oath. No Roman Catholic capable of sitting or voting until he has taken the Oath. Roman Catholics may vote at Elec tions, and be elected, upon taking the Oath. of my Faith, and that I do renounce, reject, and abjure the Opinion, that Princes excommunicated or deprived by the Pope, or any other Authority of the See of Rome, may be deposed or 'murdered by their Subjects, or by any Person whatsoever: And 'I do declare, That I do not believe that the Pope of Rome, or any other Foreign Prince, Prelate, Person, State, or Potentate, hath or ought to have any Temporal or Civil Jurisdiction, Power, Superiority, or Pre-eminence, directly or indirectly, within this Realm. I do swear, That I will defend to the utmost of my Power the Settlement of Property within this Realm, as established by the Laws: And I do hereby disclaim, disavow, and 'solemnly abjure any Intention to subvert the present Church • Establishment, as settled by Law within this Realm: And I do solemnly swear, That I never will exercise any Privilege to which 'I am or may become entitled, to disturb or weaken the Protestant Religion or Protestant Government in the United Kingdom: And I do solemnly, in the presence of God, profess, testify, and declare, That I do make this Declaration, and every Part thereof, ' in the plain and ordinary Sense of the Words of this Oath, without any Evasion, Equivocation, or mental Reservation whatSo help me GOD.' 6 soever. III. And be it further enacted, That wherever, in the Oath hereby appointed and set forth, the Name of His present Majesty is expressed or referred to, the Name of the Sovereign of this Kingdom for the Time being, by virtue of the Act for the further Limitation of the Crown and better securing the Rights and Liberties of the Subject, shall be substituted from Time to Time, with proper Words of Reference thereto. IV. Provided always, and be it further enacted, That no Peer professing the Roman Catholic Religion, and no Person professing the Roman Catholic Religion, who shall be returned a Member of the House of Commons after the Commencement of this Act, shall be capable of sitting or voting in either House of Parliament respectively, unless he shall first take and subscribe the Oath hereinbefore appointed and set forth, before the same Persons, at the same Times and Places, and in the same Manner as the Oaths and the Declaration now required by Law are respectively directed to be taken, made, and subscribed; and that any such Person professing the Roman Catholic Religion, who shall sit or vote in either House of Parliament, without having first taken and subscribed, in the Manner aforesaid, the Oath in this Act appointed and set forth, shall be subject to the same Penalties, Forfeitures, and Disabilities, and the Offence of so sitting or voting shall be followed and attended by and with the same Consequences, as are by Law enacted and provided in the Case of Persons sitting or voting in either House of Parliament respectively, without the taking, making, and subscribing the Oaths and the Declaration now required by Law. V. And be it further enacted, That it shall be lawful for Persons professing the Roman Catholic Religion to vote at Elections of Members to serve in Parliament for England and for Ireland, and also to vote at the Elections of Representative Peers of Scotland and of Ireland, and to be elected such Representative Peers, being in all other respects duly qualified, upon taking and sub scribing scribing the Oath hereinbefore appointed and set forth, instead of the Oaths of Allegiance, Supremacy, and Abjuration, and instead of the Declaration now by Law required, and instead also of such other Oath or Oaths as are now by Law required to be taken by any of His Majesty's Subjects professing the Roman Catholic Religion, and upon taking also such other Oath or Oaths as may now be lawfully tendered to any Persons offering to vote at such Elections. Oaths. VI. And be it further enacted, That the Oath hereinbefore Oath shall be appointed and set forth shall be administered to His Majesty's administered in Subjects professing the Roman Catholic Religion, for the Purpose the same Manof enabling them to vote in any of the Cases aforesaid, in the ner as former same Manner, at the same Time, and by the same Officers or other Persons as the Oaths for which it is hereby substituted are or may be now by Law administered; and that in all Cases in which a Certificate of the taking, making, or subscribing of any of the Oaths or of the Declaration now required by Law is directed to be given, a like Certificate of the taking or subscribing of the Oath hereby appointed and set forth shall be given by the same Officer or other Person, and in the same Manner as the Certificate now required by Law is directed to be given, and shall be of the like Force and Effect. VII. And be it further enacted, That in all Cases where the Persons adPersons now authorized by Law to administer the Oaths of Alle- ministering giance, Supremacy, and Abjuration to Persons voting at Elections, to take an Oaths at Elections are themselves required to take an Oath previous to their administering such Oaths, they shall, in addition to the Oath now by them taken, take an Oath for the duly administering the Oath hereby appointed and set forth, and for the duly granting Certificates of the same. Oath duly to administer. Acts as require the Formula contained in VIII. · And Whereas in an Act of the Parliament of Scotland So much of any 'made in the Eighth and Ninth Session of the First Parliament of King William the Third, intituled An Act for the preventing the • Growth of Popery, a certain Declaration or Formula is therein 8 & 9 W. 3. • contained, which it is expedient should no longer be required c.3. (S.) to be 'to be taken and subscribed:' Be it therefore enacted, That tendered or such Parts of any Acts as authorize the said Declaration or For- taken, remula to be tendered, or require the same to be taken, sworn, and pealed. subscribed, shall be and the same are hereby repealed, except as to such Offices, Places, and Rights as are hereinafter excepted; and that from and after the Commencement of this Act it shall be Roman Calawful for Persons professing the Roman Catholic Religion to elect tholics may and be elected Members to serve in Parliament for Scotland, and elect and be to be enrolled as Freeholders in any Shire or Stewartry of Scotland, and to be chosen Commissioners or Delegates for choosing Burgesses to serve in Parliament for any Districts or Burghs in Scotland, being in all other respects duly qualified, such Persons always taking and subscribing the Oath hereinbefore appointed and set forth, instead of the Oaths of Allegiance and Abjuration as now required by Law, at such Time as the said last-mentioned Oaths, or either of them, are now required by Law to be taken. IX. And be it further enacted, That no Person in Holy Orders No Roman in the Church of Rome shall be capable of being elected to serve to sit in the in Parliament as a Member of the House of Commons; and if House of Com E 2 elected Members for Scot land. Catholic Priest any mons. Roman Catholics may hold Civil and Military Offices under His Majesty, with certain Exceptions. Not to exempt Roman Catholics from taking any other Oaths required. Offices withheld from Roman Catholics. Nothing herein to repeal 7 G.4.c.72. any X. And be it enacted, That it shall be lawful for any of His Majesty's Subjects professing the Roman Catholic Religion to hold, exercise, and enjoy all Civil and Military Offices and Places of Trust or Profit under His Majesty, His Heirs or Successors, and to exercise any other Franchise or Civil Right, except as hereinafter excepted, upon taking and subscribing, at the Times and in the Manner hereinafter mentioned, the Oath hereinbefore appointed and set forth, instead of the Oaths of Allegiance, Supremacy, and Abjuration, and instead of such other Oath or Oaths as are or may be now by Law required to be taken for the Purpose aforesaid by any of His Majesty's Subjects professing the Roman Catholic Religion. XI. Provided always, and be it enacted, That nothing herein contained shall be construed to exempt any Person professing the Roman Catholic Religion from the Necessity of taking any Oath or Oaths, or making any Declaration, not herein-before mentioned, which are or may be by Law required to be taken or subscribed by any Person on his Admission into any such Office or Place of Trust or Profit as aforesaid. XII. Provided also, and be it further enacted, That nothing herein contained shall extend or be construed to extend to enable any Person or Persons professing the Roman Catholic Religion to hold or exercise the Office of Guardians and Justices of the United Kingdom, or of Regent of the United Kingdom, under whatever Name, Style, or Title such Office may be constituted; nor to enable any Person, otherwise than as he is now by Law enabled, to hold or enjoy the Office of Lord High Chancellor, Lord Keeper or Lord Commissioner of the Great Seal of Great Britain or Ireland; or the Office of Lord Lieutenant, or Lord Deputy, or other Chief Governor or Governors of Ireland; or His Majesty's High Commissioner to the General Assembly of the Church of Scotland. XIII. Provided also, and be it further enacted, That nothing herein contained shall be construed to affect or alter any of the Provisions of an Act passed in the Seventh Year of His present Majesty's Reign, intituled An Act to consolidate and amend the Laws which regulate the Levy and Application of Church Rates and Parish Cesses, and the Election of Churchwardens, and the Maintenance of Parish Clerks, in Ireland. tholics may be Members of tions. XIV. And be it enacted, That it shall be lawful for any of Roman CaHis Majesty's Subjects professing the Roman Catholic Religion to be a Member of any Lay Body Corporate, and to hold any Civil Office or Place of Trust or Profit therein, and to do any Corporate Act, or vote in any Corporate Election or other Proceeding, upon taking and subscribing the Oath hereby appointed and set forth, instead of the Oaths of Allegiance, Supremacy, and Abjuration; and upon taking also such other Oath or Oaths as may now by Law be required to be taken by any Persons becoming Members of such Lay Body Corporate, or being admitted to hold any Office or Place of Trust or Profit within the same. XV. Provided nevertheless, and be it further enacted, That nothing herein contained shall extend to authorize or empower any of His Majesty's Subjects professing the Roman Catholic Religion, and being a Member of any Lay Body Corporate, to give any Vote at, or in any Manner to join in the Election, Presentation, or Appointment of any Person to any Ecclesiastical Benefice whatsoever, or any Office or Place belonging to or connected with the United Church of England and Ireland, or the Church of Scotland, being in the Gift, Patronage, or Disposal of such Lay Corporate Body. Such Members of Corporations not to vote in Appointments. Ecclesiastical Not to extend to Offices, &c. in the Established Church, Ecclesiasti XVI. Provided also, and be it enacted, That nothing in this Act contained shall be construed to enable any Persons, otherwise than as they are now by Law enabled, to hold, enjoy, or exercise any Office, Place, or Dignity of, in, or belonging to the United Church of England and Ireland, or the Church of Scotland, or cal Courts, any Place or Ŏffice whatever of, in, or belonging to any of the Universities, Ecclesiastical Courts of Judicature of England and Ireland re- Colleges, or spectively, or any Court of Appeal from or Review of the Sen- Schools; tences of such Courts, or of, in, or belonging to the Commissary Court of Edinburgh, or of, in, or belonging to any Cathedral or Collegiate or Ecclesiastical Establishment or Foundation; or any Office or Place whatever of, in, or belonging to any of the Universities of this Realm; or any Office or Place whatever, and by whatever Name the same may be called, of, in or belonging to any of the Colleges or Halls of the said Universities, or the Colleges of Eton, Westminster, or Winchester, or any College or School within this Realm; or to repeal, abrogate, or in any Manner to interfere with any local Statute, Ordinance, or Rule, which is or shall be established by competent Authority within any University, College, Hall, or School, by which Roman Catholics shall be prevented from being admitted thereto, or from residing or taking Degrees therein: Provided also, that nothing herein contained nor to Presentshall extend or be construed to extend to enable any Person, ations to Beneotherwise than as he is now by Law enabled, to exercise any Right of Presentation to any Ecclesiastical Benefice whatsoever; or to repeal, vary, or alter in any Manner the Laws now in force in respect to the Right of Presentation to any Ecclesiastical Benefice. XVII. Provided always, and be it enacted, That where any Right of Presentation to any Ecclesiastical Benefice shall belong to any Office in the Gift or Appointment of His Majesty, His E 3 fices. Proviso for Presentations to Benefices connected with Heirs Offices. |