Imatges de pàgina
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This act to be

read at the quarter-feffions, &c. Profecution

months.

Scotland to have the fame

power as juftices, &c.

have in Eng

land.

any money recovered against any hundred by any party robbed, fhall be levied.

VII. And be it further enacted by the authority aforefaid, That this act shall be openly read at every quarter-feffion, and at every leet or law-day.

VIII. Provided always, That no person or persons shall be within twelve profecuted by virtue of this act, for any offence or offences cominitted contrary to the fame, unless fuch profecution be commenced within twelve months after the offence committed, Sheriffs,&c. in IX. And be it further enacted by the authority aforesaid, That the theriffs and their deputies, ftewards and their deputies, bailies of regalities and their deputies, magiftrates of royal boroughs, and all other inferior judges and magiftrates, and alfo all high and petty conftables, or other peace-officers of any county, ftewartry, city or town, within that part of Great Britain called Scotland, thall have the fame powers and authority for putting this prefent act in execution within Scotland, as the juftices of the peace and other magiftrates aforefaid, refpectively have by virtue of this act, within and for the other Punishment of parts of this kingdom; and that all and every perfon and perperfons offons who fhall at any time be convicted of any the offences afending in forementioned, within that part of Great Britain called Scotland, Scotland. fhall for every fuch offence incur and fuffer the pain of death, and confiscation of moveables: and alfo that all profecutions for Damages of repairing the damages of any church or chapel, or any building any church, for religious worship, or any dwelling-house, barn, ftable or &c. pulled down, &c. in out-houfe, which fhall be demolished or pulled down in whole Scotland, how or in part, within Scotland, by any perfons unlawfully, riotously to be recover- or tumultuously affembled, fhall and may be recovered by fum

ed, and of

whom.

To what

places in Scot

land this act fhall extend.

mar action, at the inftance of the party aggrieved, his or her heirs or executors, against the county, ftewartry, city or borough respectively, where fuch disorders fhall happen, the magiftrates being fummoned in the ordinary form, and the feveral counties and stewartries called by edictal citation at the marketcrofs of the head borough of fuch county or stewartry respectively, and that in general, without mentioning their names and defignations.

X. Provided, and it is hereby declared, That this act fhall extend to all places for religious worship, in that part of Great Britain called Scotland, which are tolerated by law, and where his majesty King George, the prince and princess of Wales, and their iffue, are prayed for in express words.

CAP.

CAP. VI.

An alt for making perpetual an alt of the feventh and eighth years of the reign of his late majesty King William the Third, intituled, An act that the folemn affirmation and. -declaration of the people called Quakers, shall be ac-. cepted instead of an oath in the ufual form; and for explaining and enforcing the faid act in relation to the payment of tithes and church rates; and for appointing the form of an affirmation to be taken by the faid people called Quakers, inftead of the oath of abjuration.

HEREAS an act made in the feventh and eighth years of, & 8 W.

7

W bis late Majefty's reign, intituled, An act that the folemn (.4

affirmation and declaration of the people called Quakers, shall be accepted instead of an oath in the ufual form, was made to continue for feven years, and from thence to the end of the next feffion of parliament, which act would have expired at the end of the next feffion of parliament after the two and twentieth day of November in the year of our Lord one thousand feven hundred and two; which feffion began the ninth day of November in the year of our Lord one thoufand feven hundred and three, and ended the third day of April in the year of our Lord one thousand feven hundred and four; but by another act of parliament made in the thirteenth year of his faid late Majesty's reign, intituled, An act for continuing an act, intituled, An act 13 & 14 W. 3; that the folemn affirmation and declaration of the people called c. 4. Quakers, fhall be accepted instead of an oath in the ufual form, was continued for the term of eleven years after the determination of the said act, and from thence to the end of the next feffion of parlia ment: and whereas the faid feveral acts will expire at the end of the next feffion of parliament after the third day of April one thousand feven hundred and fifteen: now for the further avoiding of the inconve niencies in the faid first recited act mentioned, to the people called The act 7 & 8 Quakers, and their families, be it enacted by the King's most ex- W. 3. made cellent majefty, by and with the advice and confent of the lords perpetual. fpiritual and temporal and commons, in this present parliament

affembled, and by authority of the fame, That the faid first re- 8 Geo. 1. c. 6. cited act, and all the clauses and powers therein contained, shall continue and be in force for ever, as to all oaths by law required, or hereafter to be required, other than and except, as in the faid first recited act is excepted.

7 & 8 W. 3.

II. And whereas by the faid act made in the feventh year of the Claufe for the reign of King William the Third, a remedy is provided for the reco- recovery of very of tithes and church-rates, where any Quaker fhould refufe to pay tithes, &c. from Quakers, the fame be it enacted by the authority aforefaid, That fuch remedy fhall be and is hereby extended, and the like remedy c. 34. fhall and may be had and ufed against any quaker or quakers for the recovering of any tithes or rates, or any cuftomary or other rights, dues cr payments belonging to any church or chapel, which of right by law and cuftom ought to be paid for the ftipend or maintenance of any minister or curate officiating in any church L2

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firmation to be

or chapel; and any two or more juftices of the peace of the fame county or place, other than fuch juftice of the peace as is patron of any fuch church or chapel, or any ways interested in the faid tithes, upon complaint of any parfon, vicar, curate, farmer or proprietor of fuch tithes, or any church-warden or chapel-warden, or other perfon who ought to have, receive or collect any fuch tithes, rates, dues or payments, as aforefaid, are hereby authorized and required to fummon in writing, under their hands and feals, by reafonable warning, fuch quaker or quakers, against whom fuch complaint fhall be made, and after his or their appearance, or upon default of appearance, the said warning or fummons being proved before them upon oath, to proceed to hear and determine the faid complaint, and to make fuch order therein, as in the faid act is limited or directed; and alfo to order fuch cofts and charges, as they fhall think reasonable, not exceeding ten fhillings, as upon the merits of the cause shall appear juft; which order shall and may be fo executed, and on fuch appeal may be reverfed or affirmed by the general quarterfeffions of the county or place, with fuch cofts and remedy for the fame, and fhall not be removed into any other court, unless the titles of fuch tithes, dues or payments, fhall be in queftion, in like manner as in and by the fame act is limited and provided.

Concerning III. And whereas feveral difputes have arisen concerning the effect the folemn af of the abjuration to be taken by the people called Quakers, upon their taken by qua-folemn affirmation, as directed by an act of parliament made in the kers inftead of fixth year of her late Majefly's reign: now for preventing the like inthe abjuration conveniencies for the future, be it enacted by the authority aforefaid, That in all cafes where-ever the effect of the faid abjuraAnnæ, c.23. tion oath may be legally tendred, or required of the faid people called Quakers, or any of them, he or they fhall take the effect thereof in the following words (that is to fay,)

oath.

The affirmation.

A. B. do truly and fincerely acknowledge, profefs, teftify and declare, in the prefence of Almighty God, the witness of the truth of what I fay, That King George is lawful and rightful King of this realm, and of all other bis dominions and countries thereunto belonging. And I do folemnly and fincerely declare, That I do believe the perfon pretended to be the prince of Wales, during the life of the late King James, and fince his deceafe, pretending to be, and taking upon himfelf the file and title of the King of England, by the name of James the Third, or of Scotland, by the name of James the Eighth, or the file and title of King of Great Britain, bath not any right or title whatfoever to the crown of this realm, nor any other the dominions thereunto belonging; and I do renounce and refufe any allegiance or obedience to him. And I do folemnly promife, That I will be true and faithful, and bear true allegiance to King George, and to him will be faithful againft all traiterous confpiracies and attempts whatsoever, which fhall be made against his perfon, crown or dignity. And I will do my best endeavour to difclofe and make known to King George, and bis fucceffors, all treafans and traiterous conspiracies which I fball know

to be made against him, or any of them. And I will be true and faithful to the fucceffion of the crown against him the faid James, and all other perfons whatsoever, as the fame is and ftands fettled by an act, intituled, An act declaring the rights and liberties of the fubject, W. & M. and fettling the fucceflion of the crown, to the late Queen Anne, feff. 2. c. 2. and the heirs of her body, being proteftants; and as the fame, by one ether act, intituled, An act for the further limitation of the crown, 12 & 13 W. 3 and better fecuring the rights and liberties of the subject, is and c. 2. fands fettled and intailed, after the decease of the faid late Queen, and for default of iffue of the faid late Queen, to the late princess Sophia, electorefs and dutchefs dowager of Hanover, and the heirs of her body, being proteflants. And all these things I do plainly and fincerely acknowledge, promife and declare, according to thefe express words by me spoken, and according to the plain and common fenfe and underStanding of the fame words, without any equivocation, mental evafion or fecret refervation whatsoever. And I do make this recognition, acknowledgment, renunciation and promise heartily, willingly and truly.

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IV. Provided always, That fo much of this act as relates to This act, as to the affirmations to be made by the people called Quakers, fhall the affirmabe extended to that part of Great Britain called Scotland for ever, tend to Scatand to the plantations belonging to the crown of Great Britain land for ever, for five years, and to the end of the next feffion of parliament and to the after the faid five years, and no longer.

CAP. VII.

plantations for five years, and thence to the end of the

An all for continuing the imprisonment of Robert Blackburn next feffion of and others, for the borrid confpiracy to affaffinate the per- parliament. fon of his late facred Majefty King William the Third.

WHI

HEREAS by an act of parliament made in the first year of the Annæ,ftat.. reign of her late Majesty Queen Anne, intituled, An act for c. 29. the continuing the imprisonment of Counter, and others, for the horrid confpiraey to affaffinate the perfon of his late facred majefty King William the Third, the perfons hereafter named (that is to Jay) Robert Blackburn, John Bernardi, Robert Caffels, Robert Meldrum and James Chambers, then prifoners in Newgate for a deteftable traiterous confpiracy to affaffinate the royal perfon of his faid late Majefty, were to be detained and kept in cuftody, without bail or mainprife, during her faid late Majefty's pleasure, and will now be fet at large, unless fome further provifion be made for the continuance of their imprisonment for the faid offence: be it therefore enacted by the King's moft excellent majefty, by and with the advice and confent of the lords fpiritual and temporal and com- Robert Blackmons, in parliament affembled, and by the authority of the burn, &c. to be kept in prifame, That the faid Robert Blackburn, John Bernardi, Robert Caffels, fon during his Robert Meldrum and James Chambers, shall be detained and kept Majefty's in cuftody, without bail or mainprize, during his Majesty's pleasure. pleasure.

CAP. VIII.

An act to impower his Majefty to fecure and detain fuch perfons as his
Majefty hall fufpect are confpiring against his person and government.
EXP.

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CAP. IX.

An act for the better preventing mutiny and defertion, by enforcing and making more effectual an act of this prefent parliament, intituled, An at for the better regulating the forces to be continued in his Majefty's fervice, and for the payment of the faid forces and their quarters.

Geo.1. ftat.z. Every perfon in his Majefty's fervice in the army, who, after Auguft 1, e. 3. 1715, and before March 25, 1716, thall mutiny or defert, fhall fuffer death; or fuch punishment as a court martial shall inflict The King may grant commiffions to assemble courts martial. Such courts to confift of 13 commiffion officers. The prefident to be a field officer, &c. Field-officers not to be tried by any under captains. Such court may adminifter oaths, Officers or foldiers not exempted from procefs of law. Not to extend to the militia. Every officer prefent in a court martial, where any offence may be punished with death, shall be sworn. Nine officers to concur in every sentence of death. Proceedings between eight in the morning and one in the afternoon. Acquittal or conviction shall be a bar to an indictment. Perfons profecuted, &c. may plead the general iffue, &c. The King may make articles for the better government of his forces. No foldier to be Geo... ftat.z..difcharged by virtue of 1 Geo. 1. c. 3. without giving three months notice to his colonel. The King may quarter his forces in fuch places fubject to the quartering of foldiers, as he fhall think fit, during the continuance of this act. EXP.

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The bifhops hall inform themselves of the yearly va lue of every

САР. Х.

An att for making more effectual her late Majefty's gracious Wintentions for augmenting the maintenance of the poor clergy,

HEREAS it is necessary for the governors of the bounty of Queen Anne, for the augmentation of the maintenance of the poor clergy, in order to the more regular making proper augmentations, to be informed, as exactly as may be, of the clear improved yearly value of the maintenance of all fuch parfons, vicars, curates and minifters, officiating in any church or chapel within that part of Great Britain called England, the dominion of Wales, or town of Berwick upon Tweed, where the liturgy and rites of the church of England, as now by law eftablished, are or fhall be used and obferved, whose maintenance is intended to be augmented: be it enacted by the King's most excellent majefty, by and with the advice and confent of the lords fpiritual and temporal and commons, in this prefent parliament affembled, and by the authority of the fame, That the respective bishops of every diocele, and the guardians of the fpiritualities fede vacante, fhall be and are hereby impowered and required, from time to time, as they fhall fee occafion, and as may best serve the purposes of the faid bounty to the poor clergy, as well by the oath of two or more credible witnesses (which they, or others commiffioned by them under their hands and feals, are hereby impowered to adminifter) as by all other lawful ways and means, to inform themselves of the clear improved yearly value of every benefice with cure of fouls, living and curacy, and of the true and clear improved yearly value of the maintenance of every parfon, vicar, curate and minifter, officiating in any fuch churches or chapels, as aforefaid, within their feveral diocefes, or within any peculiars or places of exempt

لمال

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