Page:Ruffhead - The Statutes at Large - vol 5.djvu/279

 A. D. 1 71 8. Anno quinto Georgii Regis. C. 29. 239 Prefbytery or Church Judicature, in order to be ordainod or licenfed to preach, v/ithoul having caufed to to be ordained, be recorded, as aforefaid, a Certificate of his having before taken the Oaths as above directed, he (hall be&^ without ba- ilable to fix Months Imprifonment, and fhall be incapable of enjoying any Benefice, Glebe or Manfe*, ^.J. eccrde £ ' by virtue of any Prefentation, Call or other Settlement, as a Minifter of any Parifh, for the Space of u c ,',' n J '"!.,] .,'','. l'l one Year, to be reckoned from the Time that he fhall take the Oaths after having obtained Licence tooaths, (ball be preach ; and all in any Church v or perform any Words exprefs f< cefs of I fa Irs and their Illue, or without having rirtt taken the aforefaid Oath in manner above directed, fee', every fuch Perfon or Perfcns fliall be liable to fix Months Imprifonment ; and every Mecting-houfe where fuch Offence fhall be committed, fhall be fhut up for fix Months. V. And be it further enacted by the Authority aforefaid, That one Moiety not exceeding a Half-year's 1 ' 01 "' 1 '" 5 ' j 10 * Stipend of the Parifhes respectively concerned, of fuch Penalties as fhall be incurred by virtue of this Act, to !"-', dl!p0 '^ fliall belong and go to fuch Perfon or Perfons as fliall inform againft and profecute to Conviction the Pcr- aa fons offending ; and the other Moiety to the Poor of the Parifh where fuch Offence fhall be committed ; and the faid Moieties refpcctively of the Penalties aforefaid fhall be recoverable by way of Action or fum- mar Complaint, without abiding the ordinary Delays of Procefs, in any Court of Law within Scotland; and no Advocation or Sufpenfion, or other Stop of fuch Profecution,_ before any inferior Court, fhall be of any Force or. Effect in Law, unltfs upon Production of a Certificate that the Perfon profecuted has taken the Oaths above directed. ' VI. And whereas divers Minifters of the Church of Scotland have, upon certain Miffakes, omitted ' to take the Oaths, and fubferibe the Affurance appointed to be taken and fubferibed by an Act made ' in the firft Year of his Majefty's Reign, intituled, An Acl for the further Security of his Majcflys Perfon i Geo. i. ft. 2, ' and Government, and the SuiceJJion of the Crown in the Heirs of the late Princefs Sophia, being Proteflants ; c - '3' ' and for extinguijhing the Hopes of the pretended Prince of Wales, and his open and fecret Abettors, within ' the Times and Terms/therein mentioned, whereby the Penalties and Incapacities in the faid Act con- ^"rch" f s'ot- ' the faid Penalties and Incapacities :' Be it therefore enacted by the Authority aforefaid, That all and the Offences of every Minifter of the Church of Scotland fhall be acquitted, pardoned, releafed and difcharged of the Of-P re ' ,chin s with - fences of having preached without taking and fubferibing the faid Oaths and AfTurances, and of all For- "^ hav ' n B . feitures, Penalties and Difabilities incurred on that Account, by virtue of the aforefaid or any other A&OathT and* of Parliament. of the F01 fai- lures,  fune one thoufand feven hundred and nineteen, or before their being ordained or admitted Minifter of any take the Oath of Congregation in Scotland, take and fubferibe the Oath of Allegiance and the Affurance, as in the faid Act Allegiance, ev.-. is mentioned, and alfo the Oath of Abjuration herein before directed to be taken and fubferibed in lieu of the Oath of Abjuration formerly required by Law ; and that in fuch manner, before fuch Judges, in fuch Courts, and to be certified as therein or herein is before-mentioned, and under fuch Penalties and Dif.bi- lities, as in and by the faid Act made in the firft Year of his Majefty's Reign, and in and by the laid Acts 1 c '°- z - fi - s » generally therein mentioned, is directed, with refpect to the Oaths and Declarations contained in the faicl c " I5 ' Act ; and all and every Minifter who fhall, in purfuarice of this Act, take, or who has,' in p'urfuance of^-' 6 " u [ eaCe /* any former Act of Parliament, taken the faid Oaths, fhall caufe a Certificate thereof to be entred in th'e t0 ^ enued ;V Books of the Sheriff or Stewart-courts within the Bounds or Jurifdictions of which lies the Paiifh of the Sheriff'* which he is Minifter ; and the Clerks of the faid Courts are hereby required to enter fuch Certificate, and Book;, Sees grant Extracts thereof to fuch as fliall require the fame, without any Fee or Reward, other than two Shil- lings for every fuch Certificate or Extract. ' VIII. And whereas great Obftructions have been made to the planting, fupplying or filling up of va- ' Churches who are not qualified by taking the Oaths appointed by Law, or who being fettled in other ' Churches cannot or will not except of fuch Prefentations :' To the End that fuch Inconveniencie^ may be prevented for the future, Be it enacted by the Authority aforefaid, That if any Patron fhall : prefent any Perfon to a vacant Church from and after the faid firft Day of fune one thoufand fevep^YXetenrta hundred and nineteen, who fhall not be qualified by' taking and fubferibing the faid Oath in mannerajvj^nt chur.b. aforefaid, or fhall prefent a Perfon to any Vacancy, who is then or fhall be Pallor or Minifter of any otherany Petfon not Church or Parifh, or any Perfon who fhall not accept or declare his Willingnefs to accept of the Prefen-q"* 1 '"^. &c - tation and Charge to which he is prefented, within the faid Time, fuch Prefentation -fhall not be ac-'j 16 '^n"' 3 ! ' counted any Interruption of the Courfe of Time allowed to the Patron for prefenling ; but the fus Dcvo- bean i me " ra „- lutum fhall take Place, as if no Prefentation had been offered ; ai»y Law or Cuftom to the contrary not-tion to the ■ withftanding. Courfe of Tima. allowed the Patron to prefent. IX. And
 * tained have been incurred: And whereas his Majefty is moft gracioufly pleafed to pardon and difchargei., nd acquitted of
 * cant Churches in Scotland with Minifters qualified according to Law, Patrons prefenling Perfons to