low, tutor, scholar, student, or exhibitioner, or by whatever other name the same may be called, of or in any of the said universities, upon the establishment or foundation of the same, or of or belonging to the colleges of Eton, Westminster, or Winchester, or any college or school of royal or ecclesiastical foundation within this realm.

Provided also, that nothing herein contained shall extend, or be construed to extend, to enable any person professing the Roman Catholic religion to exercise any right of presentation to any ecclesiastical benefice whatsoever; and that in every case in which a right of presentation is or shall be vested in a person professing the Roman Catholic religion, the same shall be and continue to be exercised in the same manner and in no other than is now by law required; save and except where such right of presentation shall belong to any office in the gift or appointment of His Majesty, his heirs and successors; in which case, if such office shall be held by a person professing the Roman Catholic religion, it shall and may be lawful for His Majesty, his heirs and successors, to appoint by commission under the great seal, such member or members of the privy council, being a Protestant or Protestants, as he or they shall think fit, to be a commissioner or commissioners, for exercising such right of presentation whilst such office shall be held by a person professing the Roman Catholic religion.

Provided also, and be it further enacted, that it shall not be lawful for any person professing the Roman Catholic religion, directly or indirectly, to advise the Crown in the appointment or disposal of any office or preferment, lay or ecclesiastical, in the united Protestant episcopal church of England and Ireland, or of the church of Scotland; and that if any such person shall presume to advise His Majesty, his heirs or successors, touching or concerning any such appointment or disposal, he shall, being thereof convicted by due course of law, be deemed guilty of and disabled from holding any office, civil or military, under the Crown.

after

And be it further enacted, that every person, now exercising, or who shall hereafter exercise any of the Spiritual duties or functions, usually exercised by persons in holy orders, professing the Roman Catholic religion, shall within calendar months from the passing of this act, or within entering into holy orders, and before he shall exercise any of the spiritual duties or functions aforesaid, take, make, and subscribe the oath and declaration in this act contained, and also the oath following:

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"I, A. B., do swear, that I will never concur in, or consent to the appointment or consecration of any Roman Catholic bishop, or vicar apostolic, in the United Kingdom, but such as I shall conscientiously deem to be of unimpeachable loyalty and peaceable conduct. And I do swear, that I have not and will not have any correspondence or communication with the Pope, or See of Rome, or with any court or tribunal, established or to be established by the Pope, or See of Rome, or by the authority of the same, or with any person or persons authorised, or pretending to be au

thorised, by the Pope or See of Rome, tending directly or indirectly to overthrow or disturb the Protestant government, or the Protestant church of Great Britain and Ireland, or the church of Scotland, as by law established; and that I will not correspond or communicate with the Pope or See of Rome, or with any tribunal established, or to be established by the Pope or See of Rome, or by the authority of the same; or with any person or persons, authorised, or pretending to be authorised by the Pope or See of Rome, on any matter or thing, not purely ecclesiastical."

And be it enacted, that every person who shall presume to exercise such duties or functions, without taking and making such oaths and declarations in manner herein prescribed and directed, being thereof convicted by the course of law, shall be deemed guilty of

And be it further enacted, that the said oath and declaration by this act appointed to be taken and made, instead of any other oath or oaths, declaration or declarations, now by law required to be made or taken by persons professing the Roman Catholic religion, shall and may be made and taken in any of His Majesty's Courts of Chancery, King's Bench, Common Pleas, or Exchequer, at Westminster or Dublin, or in any Courts of General Quarter Sessions, in Great Britain or Ireland, and shall be subscribed by the person taking and making the same, with his name at length, if such person can write, or with his mark, the name being written by the officer, where such person cannot write, such person or such officer, as the case may be, adding the title, addition, and place of abode of such person; and shall remain of record in such court; and the proper officer of such court, respectively, with whom the custody of such record shall remain, shall make, subscribe, and deliver a certificate of such oaths and declarations having been duly made, taken, and subscribed, to the person who shall have so made, taken, and subscribed the same, if the same shall be demanded immediately; for which certificate there shall be paid no greater fee or reward than and such

certificate, upon proof of the certifier's hand, and that he acted as such officer as aforesaid, shall be sufficient evidence of such person's having duly made, taken, and subscribed, such declaration and oaths.

And be it further enacted, that from and after the

no person born out of the United Kingdom of Great Britain and Ireland; or the dominions thereunto belonging, except such as are born of British or Irish parents, shall be capable of exercising any episcopal duties or functions within the United Kingdom, or any part thereof; and if any such person shall presume to exercise such duties or functions within the United Kingdom, or any part thereof, he being thereof convicted by due course of law, shall be deemed guilty of and shall be liable to be sent out of

the kingdom: and for that purpose, it shall be lawful for any one of His Majesty's Principal Secretaries of State, or the Lord Lieutenant or Chief Governor or Chief Governors of Ireland, or his or their Chief Secretary, by warrant under his hand and seal, directed

to such person or persons as he shall think fit, to order such person so having been convicted as aforesaid, to be conducted and conveyed out of the kingdom.

And be it further enacted, that from and after the

no person in holy orders, professing the Roman Catholic religion, shall be capable of exercising any episcopal duty or function within the United Kingdom, unless he shall have been resident within the same for years next preceding his first exercising such episcopal duty or function; and that if any person shall presume to exercise the same, not having been so resident, he being thereof convicted by due course of law, shall be deemed guilty of

and shall be liable to be sent out of the kingdom in manner aforesaid.

Provided always, that nothing herein contained shall extend or be construed to extend to such persons as aforesaid, who shall before the have been in the exercise of such episcopal

duty or function.

The following is a copy of the clauses introduced by Mr. Canning:

(B.) Respecting the Commission for certifying the loyalty of persons to be appointed Bishops or Vicars apostolic.

And whereas it is expedient, that further precaution should be taken for ascertaining, to the satisfaction of His Majesty, his heirs and successors, the loyalty of every person professing the Roman Catholic religion, who shall, at any time, be nominated, elected, or appointed to exercise or discharge any episcopal duties or functions, within the United Kingdom of Great Britain and Ireland. Be it therefore further enacted, that the'

and such other person and persons, as shall from time to time be appointed by His Majesty, his heirs and successors, in manner herein-after mentioned, shall be, and the same are hereby appointed commissioners for the purposes of this present act, so far as the same respects Great Britain; and that they shall hold their offices during good behaviour, and shall be removable upon an address of either House of Parliament.

And be it further enacted, that if any person hereby appointed a commissioner as aforesaid, or who shall be hereafter appointed a commissioner for this present act, so far as the same respects Great Britain, shall depart this life, or shall decline to act in the said commission, or shall go to reside out of the United Kingdom, then, and in every such case, it shall and may be lawful for His Majesty, his heirs and successors, by warrant under the sign manual, to appoint any lay peer of England or Scotland, professing the Roman Catholic religion, or if there shall be no such

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peer of full age, and within the United Kingdom, then such lay commoner of England or Scotland, professing the Roman Catholic religion, who shall be possessed of a freehold estate in land, of not less than one thousand pounds a year, in Great Britain, as His Majesty, his heirs, and successors, shall think fit, to be a commissioner in the room or stead of the commissioner so dying, or declining to act, or going to reside out of the United Kingdom.

And be it further enacted, that the commissioners hereby appointed, and every commissioner to be hereafter under this act appointed for Great Britain, shall, before they shall respectively take on themselves the execution of the powers and authorities hereby vested in them, take and subscribe the oath first herein-before prescribed to be taken, by all persons professing the Roman Catholic religion; and also the following oath :

"I, A. B. do swear that I will, without favour or affection, hatred or malice, truly and impartially, and according to the best of my skill and judgment, execute and perform the powers, authorities, and duties of a commissioner, vested in me, under and by virtue of an act made in the 53d year of the reign of His Majesty King George III. intituled, 'An act for the further relief of Roman Catholics in Great Britain and Ireland ;' - and that I will not, directly or indirectly, publish, disclose, or make known to any one, save as by the said act directed, any matter or thing whatsoever, which shall come to my knowledge, by reason or in consequence of my being a commissioner under the said act, excepting only such matters or things, as all persons taking the oath by the said act first prescribed to be taken, are thereby bound to disclose;"

And that the said oaths shall and may be taken in any of His Majesty's Courts of Chancery, King's Bench, Common Pleas, or Exchequer at Westminster, and shall remain of record in the said

court.

And it is hereby further enacted, that the said commissioners may, from time to time, make such regulations, to be binding on themselves, for all purposes incident to the discharge of their office, as they shall think proper; and that, for effecting the purposes aforesaid, it shall be lawful for the said commissioners, or a majority of them, to appoint a secretary, to be resident in London; and that for discharging the expence of the said commission, and paying the salary of the secretary of the same, the Lords Commissioners of His Majesty's treasury shall issue out of the consolidated fund of Great Britain, the annual sum of to the secretary of the said commissioners, to be applied for the purposes of the said commission, as the said commissioners shall from time to time direct; and such secretary shall, and he is hereby required, before he acts in the execution of his office, to take and subscribe before two or more of the said commissioners (who are hereby authorised and empowered to administer the same) the oath, first herein-before prescribed to be taken; and also the following oath :

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7.

"I, A. B. do hereby swear, that I will, according to the best

of my skill and knowledge, faithfully execute the office of secretary to the commission, appointed by an act of the 53d year of the reign of His present Majesty, intituled, An act for the further relief of Roman Catholics in Great Britain and Ireland ;' and that I will not publish, disclose, or make known, to any person or persons whomsoever, save as by the said act directed, any matter or thing whatsoever which shall come to my knowledge, by reason of the said office, excepting only such matters or things as all persons taking the oath by the said act first prescribed to be taken, are thereby bound to disclose."

And it is hereby further enacted, that the said secretary shall be removable at the pleasure of the said commissioners, or the major part of them; and that on every appointment of a new secretary, the same shall be notified by the said commissioners to one of His Majesty's principal secretaries of state.

And be it further enacted, that from and after the passing of this act, every person in holy orders, professing the Roman Catholic religion, who shall at any time be nominated, elected, or appointed, according to the usages of the Roman Catholic church, to exercise or discharge any episcopal duties or functions in Great Britain, shall, before he assumes the exercise of such episcopal duties or functions, make known such his nomination, election, or appointment, by writing under his hand, to the secretary of the said commissioners, who shall immediately give information thereof to the said commissioners, and the said commissioners shall within six weeks after receiving such information, transmit the same by writing under their respective hands and seals, to one of His Majesty's principal secretaries of state; and shall, at the same time certify, in form and manner following, "We do hereby certify and declare, that we do not know or believe any thing which tends to impeach the loyalty or peaceable conduct of

unless the said commissioners, or the major part of them, shall deem the person, of whose nomination, election, or appointment, they shall have been so informed as aforesaid, to be a person disloyal and disaffected to His Majesty, his heirs and successors, or not of a peaceable conduct; in which case they shall refuse to grant the said certificate; and any person, in whose favour they shall so refuse to certify, shall be incapable of discharging or exercising any episcopal duty or function within the United Kingdom.

And be it further enacted, that if any person in whose favour the said commissioners shall so have refused to certify in form and manner aforesaid, shall nevertheless assume the exercise of any episcopal duties or functions within the United Kingdom, such person shall be guilty of a misdemeanor, and upon conviction thereof, shall be sent out of the kingdom in manner as hereinbefore directed.

Provided always, and it is hereby further enacted, that the said commissioners so refusing to certify in favour of any such person as aforesaid, shall not, nor shall any one of them, on account of