gregation of dissenting protestants, that shall make and subscribe the declaration aforesaid, and take the said oaths . . . and shall also declare his approbation of and subscribe the articles of religion mentioned in the statute 18 made in the thirteenth year of the reign of the late Queen Elizabeth, except the thirty-fourth, thirty-fifth, and thirty-sixth, and these words of the twentieth article, viz. [The church hath power to decree rites or ceremonies, and authority in controversies of faith, and yet] shall be liable to any of the pains or penalties mentioned in an act 14 made in the seventeenth year of the reign of King Charles the Second, . . . nor the penalties mentioned in the aforesaid act 15 made in the two and twentieth year of his said late Majesty's reign, for or by reason of such person's preaching at any meeting for the exercise of religion; nor to the penalty of one hundred pounds mentioned in an act made in the thirteenth and fourteenth of King Charles the Second,16 . . . for officiating in any congregation for the exercise of religion permitted and allowed by this act. (§ IX. The subscription to be registered.) X. And whereas some dissenting protestants scruple the baptizing of infants; be it enacted . . . That every person in pretended holy orders, or pretending to holy orders, or preacher, or teacher, that shall subscribe the aforesaid articles of religion, except before excepted, and also except part of the seven and twentieth article touching infant baptism and shall take the said oaths, and make and subscribe the declaration aforesaid, every such person shall enjoy all the privileges, benefits, and advantages, which any other dissenting minister, as aforesaid, might have or enjoy by virtue of this act. XI. And be it further enacted . . . That every teacher or preacher in holy orders, or pretended holy orders, that is a minister, preacher, or teacher of a congregation, that shall take the oaths herein required, and make and subscribe the declaration aforesaid, and also subscribe such of the aforesaid articles of the Church of England, as are required by this act, . . . shall be thenceforth exempted from serving upon any jury, or from being chosen or appointed to bear the office of churchwarden, overseer of the poor, or any other parochial or ward office, or other office in any hundred of any shire, city, town, parish, division, or wapentake. 13 13 Eliz. c. 12, § i. (Prothero, p. 14). 16 13 and 14 Cha. II. c. 4. 15 22 Cha. II. c. 1. (§ XII. permits a justice of the peace to tender the oath and prescribes a penalty if the oath so tendered is not taken.) XIII. 16 And whereas there are certain other persons, dissenters from the Church of England, who scruple the taking of any oath; be it enacted by the authority aforesaid, That every such person shall make and subscribe the aforesaid declaration, and the declaration of fidelity following, viz. 'I A. B. do sincerely promise and solemnly declare before God and the world, that I will be true and faithful to King William and Queen Mary; and I do solemnly profess and declare, That I do from my heart abhor, detest, and renounce, as impious and heretical, that damnable doctrine and position, That princes excommunicated or deprived by the Pope, or any authority of the see of Rome, may be deposed or murdered by their subjects, or any other whatsoever, and I do declare, that no foreign prince, person, prelate, state, or potentate hath, or ought to have, any power, jurisdiction, superiority, preeminence, or authority, ecclesiastical or spiritual, within this realm.' And shall subscribe a profession of their christian belief in these words: 'I A. B. profess faith in God the Father, and in Jesus Christ His eternal Son, the true God, and in the Holy Spirit, one God blessed for evermore; and do acknowledge the Holy Scriptures of the Old and New Testament to be given by divine inspiration.' (The remainder of the section exempts all who make the subscription from penalties prescribed by 5 Eliz. c. i.; 13 and 14 Car. II. c. 1.) (§§ XIV. and XV. prescribe for "purging" after refusal of the oaths.) XVI. Provided always, and it is the true intent and meaning of this act, That all the laws made and provided for the frequenting of divine service on the Lord's day, commonly called Sunday, shall be still in force, and executed against all persons that offend against the said laws, except such persons come to some congregation or assembly of religious worship, allowed or permitted by this act. XVII. Provided always, . . . That neither this act, nor any clause, article, or thing herein contained, shall . . . extend to give any ease, benefit, or advantage to any papist or popish recusant whatsoever, or any person that shall deny in his preaching or writing the doctrine of the Blessed Trinity, as it is declared in the aforesaid articles of religion. 16 Altered as to Quakers by 8 Geo. I. c. 6. (§ XVIII. prescribes penalties for disturbance of religious worship permitted by law.) XIX. Provided always, That no congregation or assembly for religious worship shall be permitted or allowed by this act, until the place of such meeting shall be certified to the bishop of the diocese, or to the archdeacon of that archdeaconry, or to the justices of the peace at the general or quarter sessions of the peace for that county, city, or place in which such meeting shall be held and registered in the said bishop's or archdeacon's court respectively, or recorded at the said general or quarter sessions; the register or clerk of the peace whereof is hereby required to register the same, and to give certificate thereof to such person as shall demand the same, for which there shall be no greater fee nor reward taken than the sum of sixpence. (Macaulay, i. 695 et seq.; Hallam, iii. 170; Perry, H.C.E. iii. xxxiv.) XVII THE BILL OF RIGHTS 1 Will. and Mar. Sess. 2, Cap. 2, 1689. An Act declareing the Rights and Liberties of the Subject and Setleing the Succession of the Crowne. I. Whereas the Lords Spirituall and Temporall and Commons assembled at Westminster lawfully fully and freely representing all the Estates of the People of this Realme did upon the thirteenth day of February in the year of our Lord one thousand six hundred eighty-eight present unto their Majesties then called and known by the Names and stile of William and Mary Prince and Princesse of Orange being present in their proper Persons a certain Declaration and Writeing made by the said Lords and Commons in the Words following viz. Whereas the late King James the Second by the Assistance of diverse evill Councellors Judges and Ministers imployed by him did endeavour to subvert and extirpate the Protestant Religion and the Lawes and Liberties of this Kingdome. By Assumeing and Excercising a Power of Dispensing with and suspending of Lawes and the Execution of Lawes without Consent of Parlyament. By Committing and Prosecuting diverse Worthy Prelates for humbly Petitioning to bee excused from Concurring to the said Assumed Power. By issueing and causeing to be executed a Commission under the Great Seale for Erecting a Court called the Court of Commissioners for Ecclesiasticall Causes. By Levying Money for and to the use of the Crowne by Pretence of Prerogative for other time and in other manner then the same was granted by Parlyament. By raising and keeping a Standing Army within this Kingdome in time of Peace without Consent of Parlyament and Quartering Soldiers contrary to Law. By causing severall good Subjects being Protestants to be disarmed at the same time when Papists were both Armed and Imployed contrary to Law. By Violating the Freedome of Election of Members to Serve in Parlyament. By Prosecutions in the Court of Kings Bench for Matters and Causes cognizable onely in Parlyament and by diverse other Arbitrary and Illegal Courses. And whereas of late yeares Partiall Corrupt and Unqualifyed Persons have been returned and served on Juryes in Tryalls and particularly diverse Jurors in Tryalls for High Treason which were not Freeholders. And excessive Baile hath been required of Persons committed in Criminal Cases to elude the Benefitt of the Lawes made for the Liberty of the Subjects. And excessive Fines have been imposed. And illegall and cruell Punishments inflicted.. And severall Grants and Promises made of Fines or Forfeitures before any Conviction or Judgement against the Persons upon whome the same were to be levyed. All which are utterly and directly contrary to the knowne Lawes and Statutes and Freedome of this Realme. And whereas the said late King James the Second having abdicated the Government and the Throne being thereby vacant His Highnesse the Prince of Orange (whome it hath pleased Almighty God to make the glorious Instrument of Delivering this Kingdome from Popery and Arbitrary Power) did (by the advice of the Lords Spirituall and Temporall and diverse principall Persons of the Commons) cause Letters to be written to the Lords Spirituall and Temporall being Protestants and other Letters to the severall Countyes Cityes Universities Burroughs and Cinque Ports for the choosing of such Persons to represent them as were of right to be sent to Parlyament to meete and sit at Westminster upon the two and twentyeth day of January in this yeare One thousand six hundred eighty and eight in order to such an Establishment as that their Religion Lawes and Liberties might not again be in danger of being Subverted, upon which Letters Elections haveing beene accordingly made. And thereupon the said Lords Spirituall and Temporall and Commons pursuant to their respective Letters and Elections being now assembled in a full and free Representative of this Nation takeing into their most serious consideration the best Meanes for attaining the Ends aforesaid Doe in the first place (as their Auncestors in like case have usually done) for the Vindicating and Asserting their Auntient Rights and Liberties, Declare That the pretended Power of Suspending of Laws or the Execution of Laws by Regall Authority without consent of Parlyament is illegall. That the pretended Power of Dispensing with Laws or the Execution of Laws by Regall Authoritie as it hath beene assumed and excercised of late is illegall. That the Commission for erecting the late Court of Commissioners for Ecclesiasticall Causes and all other Commissions and Courts of like Nature are Illegall and Pernicious. That levying Money for or to the Use of the Croune by Pretence of Prerogative without Consent of Parlyament for longer time or in other Manner then the same is or shall be granted is Illegall. That it is the Right of the Subjects to Petition the King and all Commitments and Prosecutions for such Petitioning are Illegall. That the raising or keeping a Standing Army within the Kingdome in time of Peace unless it be with Consent of Parlyament is against Law. That the Subjects which are Protestants may have Arms for their Defence suitable to their Conditions and as allowed by Law. That Election of Members of Parlyament ought to be free. That the Freedome of Speech and Debates or Proceedings in Parlyament ought not to be impeached or questioned in any Court or Place out of Parlyament. That excessive Baile ought not to be required nor excessive Fines > imposed nor cruell and unusuall Punishments inflicted. That Jurors ought to be duely impannelled and returned and Jurors which passe upon Men in Trialls for High Treason ought to be Freeholders. That all Grants and Promises of Fines and Forfeitures of Particular Persons before Conviction are illegall and void. |