TOLERATION ACT.

The Toleration Act, intitled, an Act for exempting their Majesties Protestant Subjects, dis Senting from the Church of England from the Penalties of certain Laws.

Forasmuch, as some ease to scrupulous consciences, in the exercise of religion, may be an effectual means to unite their majesties Protestant subjects in interest and affection,

pain of punishment, by the censures of the church; and also, upon pain that every person so offending shall forfeit for every such offence twelvepence. Nor that statute made in the 3d year of the late king James the First, intitled, an Act for the better Dis covering and Repressing Popish Recusants. Nor that after statute, made in the same year, intitled, an Act to prevent and avoid Dan. gers which may grow by Popish Recusants. Nor any other law or statute of this realm, made against Papists or Popish Recusants, except the statute made

the Second, intitled, an Act for preventing Dangers which may happen from Popish Recusants. And except also the statute made

I. Be it enacted, by the king and queen's most excellent majes ties, and with the advice and consent of the lords, spiritual and temporal, and Commons, in this in the 25th year of king Charles, present Parliament assembled, and by the authority of the same, that neither the statute made in the 23d year of the reign of the late Queen Elizabeth, intitled "An in the 30th year of the said king Act to retain the Queen Majesty's subjects in their due obedience; nor that statute made in the 29th year of the said Queen, intitled, an Act for the more speedy and due Execution of certain branches of the Statute made in the 23d year of the Queen Majesty's reign, viz. the aforesaid Act; nor that branch or clause of a statute, made in the first year of the reign of the said Queen, intitled, an Act for the Unity of common Prayer, and Service in the Church, and administration of the Sacraments, whereby all persons, having no lawful or reasonable excuse to be absent, are required to resort to their parish church or chapel, or some usual place, where the Com. mon Prayer shall be used, upon

Charles the Second, intitled, an Act for the more effectual preserving the King's Person and Government, by disabling Papists from Sitting in either House of Parliament, shall be construed to extend to any person or persons dissenting from the Church of England, that shall take the oaths mentioned in a statute made in this present Parliament, intitled an Act for removing and preventing all Questions and Disputes concerning the Assembling and Sitting of the present Parliament, shall make and subscribe the declaration, mentioned in a statute, made in the 30th year of the reign of King Charles the Second, intitled, an Act to prevent Papists from Sitting in either House of

Parliament. Which oaths and III. And be it further enacted,

declaration, the justices of peace, by the authority aforesaid, that all at the general sessions of the peace, and every person and persons that to be held for the county or place shall, as aforesaid, take the said where such person shall live,, are oaths, and make and subscribe the hereby required to tender and ad. declaration aforesaid, shall not be minister to such persons as shall liable to any pains, penalties or offer themselves to take, make and forfeitures, mentioned in an act, subscribe the same and thereof to made in the 35th year of the reign keep a register. And likewise of the late Queen Elizabeth, innone of the persons aforesaid, shall titled, an Act to retain the Queen give or pay, as any fee or reward, Majesty's Subjects in their due to any officer or officers belonging Obedience, nor in an act made in to the court aforesaid, above the the 22d year of the late king sum of sixpence, nor that more Charles the Second, intitled an than once, for his or their entry of Act to prevent and suppress his taking the said oaths, and seditious conventicles. Nor shall making and subscribing the said any of the said persons be prodeclaration nor above the fur- secuted in any ecclesiastical court ther sum of sixpence for any cer. for, or by reason of their nontificate of the same, to be made conforming to the Church of out and signed by the officer or England. officers of the said court.

IV. Provided always, and be it II. And be it further enacted, enacted, by the authority afore by the authority aforesaid, that said, that if any assembly of per all and every person and persons sons dissenting from the Church already convicted, or prosecuted, of England, shall be held in any in order to conviction, of recusancy, place for religious worship, with by indictment, information, action the doors locked barred or bolted, of debt, or otherwise, grounded during any time of such meeting upon the aforesaid statutes, or any together, all and every person of them, that shall take the said and persons that shall come to, and oaths mentioned in the said sta. be at such meeting, shall not retutes made this present Parlia. ceive any benefit from this law, ment, and make and subscribe the but be liable to all the pains and declaration aforesaid, in the court penalties of all the aforesaid laws of exchequer, or assize, or general recited in this act, for such their or quarter sessions, to be held for meeting, notwithstanding his takthe county where such person lives, ing the oaths, and his making and and to be thence respectively cer- subscribing the declaration aforetified into the Exchequer; shall said. be thenceforth exempted and dis- Provided always, that nothing charged from all the penalties, herein contained shall be construed seizures, forfeitures, judgments to exempt any of the persons aforeand executions, incurred by force of any of the aforesaid statutes, without any composition, fee, or further charge whatsoever.

said from paying of tythes, or other parochial duties, or any other duties to the church or minister; nor from any prosecution in any ecclesiasti

same.

cal court, or elsewhere, for the these words of the 20th article, viz, The church hath power to VI. And be it further enacted decree rites and ceremonies, and by the authority aforesaid, that if authority in controversies of faith, any person dissenting from the and yet, shall be liable to any of Church of England as aforesaid, the pains or penalties mentioned shall hereafter be chosen, or other in an act made in the 17th year wise appointed, to bear the office of the reign of King Charles the of high constable or petit consta- Second, entitled, an act for reble, churchwarden, overseer of straining non-conformists from inthe poor, or any other parochial habiting in corporations; nor the or ward officer, and such person penalties mentioned in aforesaid shall scruple to take upon him any act, made in the 22d year of his of the said offices in regard of the said late majesty's reign, for or oaths, or any other matter or thing by reason of such persons preach. required by the law to be taken or ing at any meeting for the exercise done, in respect of such office, of religion. Nor to the penalties every such person shall and may of 100l. mentioned in an act execute such office or employment made in the 13th and 14th of by a sufficient deputy, by him to King Charles the Second intitled, be provided, that shall comply an act for the uniformity of pub with the laws on this behalf; pro- lic prayers and administring of vided always, the said deputy be sacraments, and other rites and allowed and approved by such per- ceremonies, and for establishing son or persons, in such manner, as the form of making, ordaining, such officer or officers respectively and consecrating of bishops, priests should by law have been allowed and deacons, in the church of and approved. England, for officiating in any congregation for the exercise permit. ted and allowed by this act.

VII. And be it further enacted by the authority aforesaid, that no person dissenting from the Church VIII. Provided always, that the of England, in holy orders, or pre- making and subscribing the said tended holy orders, or pretending declaration, and the taking the to holy orders, nor any preacher said oaths, and making the declaor teacher of any congregation of ration of approbation and subdissenting protestants that shall scription to the said articles in make and subscribe the declara- manner as aforesaid, by every retion aforesaid, and take the said spective person or persons herein oaths at the general or quarter ses- before mentioned, at such general sions of the peace, to be held for or quarter sessions of the peace as the county, town, parts, or divi- aforesaid, shall be then and there sion, where such person lives,, entered of record in the said court, which court is hereby empowered for which sixpence shall be paid to administer the same; and shall to the clerk of the peace, and no also declare his approbation of, more; provided that such person and subscribe the articles of reli- shall not at any time, preach in gion mentioned in the statute, any place but with the doors not made in the 13th year of the reign locked, barred, or bolted as aforeof the late Queen Elizabeth, ex- said. cept the 34th- 35th, and 36th, and

IX. And whereas, some dissent

ing protestants scruple the bap. such person scruple the taking of tizing of infants, be it enacted by an oath, and upon the refusal the authority aforesaid, that every thereof, such justice of the peace person in pretended holy orders, is hereby required to commit such or pretending to holy orders, or person to prison, without bail or Preacher, or Teacher, that shall mainprize, and to certify the name subscribe the aforesaid articles of of such person to the next general religion, except as before except- or quarter session of the peace, to ed: and also except part of the be held for that county, city, 27th article teaching infant-bap. town, part, or division, where tism, and shall take the oaths, and such person then resides; and if make and subscribe the declara- such person so committed shall, tion aforesaid, in manner afore upon a second tender at the general said; every such person shall en- or quarter sessions, refuse to make joy all the privileges, benefits, and and subscribe the declaration afore. advantages, which any other dis- said, such person refusing shall be senting minister as aforesaid, might then and there recorded, and shall have or enjoy by virtue of this act. be taken thenceforth to all intents X. And be it further enacted, and purposes, for a popish recu by the authority aforesaid, that sant convict, and suffer according every teacher or preacher in holy ly, and incur all the penalties and orders, or pretended holy orders, forfeitures of the aforesaid laws. that is, a minister, preacher, or XII. And whereas, there are teacher of a congregation, that certain other persons, dissenters shall take the oaths herein requi- from the church of England, who red, and make and subscribe the scruple the taking of any oath, be declaration aforesaid; and also it enacted by the authority afore subscribe such of the aforesaid said, that every such person shall articles of the Church of England, make and subscribe the aforesaid as are required by this act in man- declaration; and also this declara. ner aforesaid, shall be thenceforth tion of fidelity following: I, A. B. exempted from serving upon any do sincerely promise and solemnly jury, or from being chosen or declare, before God and the world, appointed to bear the office of that I will be true and faithful to church. warden, overseer of the King William and Queen Mary. poor, or any other parochial or And I solemnly profess and deward office, or other office in any clare that I do from my heart, hundred, or any shire, city, town, abhor, detest, and renounce, as im parish, division, or wapentake. pious and heretical, that damna. XI. And be it further enacted, ble doctrine aud position, that by the authority aforesaid, that Princes excommunicated, or de. any justice of the peace may, at prived by the Pope or any authoany time hereafter, require any rity of the See of Rome, may be person that goes to any meeting deposed or murdered by their subfor exercise of religion, to make jects, or any other whatsoever. and subscribe the declaration a. And I do declare that no foreign foresaid, and also to take the said prince, person, prelate, state or oaths or declaration of fidelity, potentate, hath, or ought to have hereinafter mentioned; in case any power, jurisdiction, superiori

ty, pre-eminence, or authority, ought to enjoy, by virtue of this ecclesiastical or spiritual, within act.

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.

XIII. Provided always, and be

this realm. And shall subscribe a profession it enacted by the authority afore. of their christian belief, in these said, that in case any person shall words. refuse to take the said oaths when tendered to them, which every justice of the peace is hereby empowered to do, such person shall not be admitted to make and subscribe the two declarations aforesaid, though required thereunto, either before any justice of the peace, or at the general or quarter Which declaration and subscrip- sessions, hefore or after any con tion shall be made and entered of viction of popish recusancy, as record, at the general quarter ses- aforesaid, unless such person can, sions of the peace, for the county, within thirty-one days after such city, or place, where every such tender of the declaration to him, person shall then reside. And every produce two sufficient protestant such person that shall make and witnesses to testify upon oath, subscribe the two declarations and that they believe him to be a proprofession aforesaid, being there- testant dissenter, or a certificate unto required, shall be exempt under the hands of four protestants from all the pains and penalties of who are conformable to the church all and every the aforementioned of England, or have taken the statutes made against popish recusants, or protestant nonconformists, and also from the penalties of an act made in the 5th year of the reign of the late Queen Elizabeth, entitled an act for the assurance of the Queen's royal power, over all estates and subjects within her XIV. Provided also, and be it dominions, for or by reason of enacted by the authority afore. such person's not taking, or refu. said, that until such certificate, sing to take the oath mentioned in under the hands of six of his conthe said act. And also from the gregation, as aforesaid, be propenalties of an act made in the duced, and two Protestant wi'. 13th and 14th years of the reign nesses come to attest his being of King Charles the Second, entit a Protestant dissenter, or a certiled an act for preventing mischiefs ficate under the hands of four Prothat may arise, by certain persons testants as aforesaid, be produced, called Quakers, refusing to take the justice of peace shall, and lawful oaths, and enjoy all other hereby is required, to take a rethe benefits, privileges, and advan- cognizance, with two sureties, in tages, under the like limitations, the penal sum of fifty pounds, to provisoes and conditions, which be levied of his goods and chattels, any other dissenters should or lands and tenements, to the use

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oaths and subscribed the declaration abovenamed, and shall produce a certificate under the hands and seals of six or more sufficient men, of the congregation to which he belongs, owning him for one of them.