Page:Ruffhead - The Statutes at Large - vol 7.djvu/172

 28 c. 34. Anno vicefimo prlmo Georgii II. A. D. 1748, am! to be deli- vered OVT to fcTve asS IJiers and the Articles of War to be readtoihem, &c, a,. y Ihaii judge fit to ferve his R'lajefty as a Soldier, to be delivered, as he and they are imi)owered to do, to any Officer belonging to his Majefcy'j Forces (o fcrve therein; TheDelcription of a Chaplain within the .A£t, whom he or th hereby required anc for which Purpofe the Oificer who fliall receive fuch Perl'on, (hail then caufe inch or h much of the Article; of War made or to be made, as are or fliai! be diretSted to be read to Perfons inlifted as Soldiers, to be read to him in the Prefence of" fuch Juflrice of the Peace, or Judge Ordinary fo delivering over fuch Alan, who fhall caufe an Entry or Memorial thereof to be made, together with the Names of the Perfons fo delivered over, with a Certificate thereof in Writing, under his or their Hands, to be delivered to the faid OiBcer or Officers ; and from and after reading i'uch Part of the faid Articles of War as aforefaid, every Perfon fo de- livered over to fuch Officer or Officers to ferve as a Soldier, fliall be deemed a lifted Soldier to all Intents and Purpofes, and fnall be fubject to the Difcipline of War, and in carfe of Defertion fhall be punifhed as a Defcrter. XI. And for the better afcertaining what fhall be deemed exercifmg the Employment, Funclion or Ser- vice of a Chaplain within the true Intent and Meaning of the faid recited Adf, Be it enacted and declared. That from and after the twenty-ninth Day of September one thoufand feven hundred and forty-eight, any take the Oath &c. Peralty of not c^tnplying with the recited AiS, '^""1"°^'"^ Perfon being, or pretending to be in Holy Orders, of any Denomination whatfoever, other than the iVIini- retite. fj-gj-Sj Elders or Preachers of the Eflabliflied Church of Scotland, who fhall preach or perform any Divine Service in any Houi'e or Family of which he is not the Mafter, in the Prefence or Hearing of any other Perfon or Perfons, whether fuch Perfon or Perfons be of the Family or not, fhall be deemed to be one v/ho exercifes the Employment, Function and Service of a Chaplain within the Provifion and true Intent and Meaning of the fame Aft. ' XII. And whereas, to evade the Execution of the faid Aft, relating to Perfons keeping or being Ma-- ' flcr or Teacher in fuch private Schools, divers Perfons have kept fuch Schools in the Names of others, ' and had or enjoyed the Profits thereof to themfelves, and have thereby avoided complying with the Qua- ' lifications required by the faid Aft :' For Remedy thereof. Be it enafted by the Authority aforefaid, That Sdioolroafters to from and after the faid twenty-ninth Day of September one thoufand feven hundred and forty-eight, every Perfon Vv'ho ihall keep in his own Name, or in the Name or Names of any other Perlbn, any private School for teaching EngHjh, Latin, Greek, or any Part of Literature, or any School for Literature, other than as in the faid Aft is excepted, or who fhall have, receive or be interefted in the Profits, or any Share of the Profits of fuch School, fliall be obliged to take the Oaths appointed by Law to be taken by Perfons in Offices of publickTruft in Scotland; and to pray, or caufe to be prayed for, in exprefs Words, his Majefcy, his Heirs and SuccefTors by Name, and for all the Royal Family, as often as there fiiall be Prayers in fuch School, or before or in the Hearing of any of the Scholars belonging to fuch School ; and if any Perfon fhall, from and after the faid twenty-ninth Day of Septetnber, keep any fuch School in his own Name, or in the Names of any other Perfon or Perfons, or have, receive or be interefted in the Profits, or any Share of the Profits of fuch pri- , vate School, as fliall not' have been regiflered in Manner direfted by the faid Aft, or without having qua- lified himfelf, and caufed the Certificate thereof to be regiflered in Manner direfted by the faid Aft ; cr in cafe he fhall negleft to pray for his Majefty, his Heirs and SuccefTors, by Name, and all the Royal Family, or caufe them to be prayed for as aforefaid ; or in cafe he fhall refort to, or attend Divine Worfnip in any Epifcopal Meeting-houfe not allowed by Law ; every Perfon fo ofFending, being thereof lawfully con- viftcd before tv/o or more Juftices of the Peace, or before any other Judge competent fummarily, fliall, for the firft Offence, fulFer Imprifonment for the Space of fix Months ; and for the fecond or any fubl'equent Offence, being thereof lawfully convifted before the Court of Jufticiary, or in any of the Circuit Courts, fiiall be adjudged to be tranfported, and fliall be accordingly tranfported to fome of his Majefty's Plantations in America for Life ; and in cafe any Perfon fo adjudged to be tranfported fhall return into, or be found in Great Britain, he fhall fufter Imprifonment for Life. ' XIII. And whereas by a Claufe in another Aft made in the nineteenth Year of his Majefty's" Reign, ' intituled, An Act more effetliially to prohibit and prevent Pajiors or Minijlersfrom officiating in Epifcopal ' M.-cting-houfes in Scotland, without duly qualifying themfelves according to Law ; and to punifi) Perfons for ' rejorting to any Meeting-hoifes ivhere fuch unqiiaUficd Pajhrs or Miniftcrs fhall officiate It is enafted. That ' from and after the firfl: Day of September in the Year of our Lord one thoufand feven hundred and forty- ' fix, no Letters of Orders of any Paftor or Minifler of any Epifcopal Meeting or Congregation in Scat- ' land, fhould be deemed fufficient, or be admitted to be regiflered, but fuch as had been given by fome ' Bifliop of the Church of England, or of Ireland; and in cafe any Letters of Orders, other than fuch as ' are before defcribed, fhould be regiflered, fuch Regiftration fhould he deemed null and void to all Intents ' and Purpofes: And whereas a Doubt has been raifed upon the faid recited Claufe, whether the fame doth ' extend to any Letters of Orders which have been regiflered before the liiid firfl Day of September y Now, for clearing and taking away any fuch Doubt, It is hereby enafted and declared by the Authority aforefaid, That no Letters of Orders, not granted by fome Bifliop of the Church oi England, or of Ireland, fhall, dcrs not grantifd fy^j^ g,-,(] ^f^^,. {]^g twenty-ninth Day of Sepiember one thoufand feven hundred and forty-eight, be fufficient, f the'church'' or be taken or adjudged to be fufficient, to qualify any inch Paftor or IMinifter as above-mentioned, vvhe- of England or Jvelind, liifilf- ficiertt to qualify. Day of September, be deemed null and void to all Intents and Ptu'pofes Perfons belong- XIV. And be it further enafted by the Authority aforefaid, That every Perfon wlio on the twenty-fourth in» to either of Day of j'/.'«t' in the Year of our Lord one thoufand (even hundred and forty-eight, fhall be a Governor, Deputy Governor, Dircftor, Secretary, Cafliier, Treafurer, Accountant or Teller of, or ufe or exercife any fuch Employment in either of the Banks in that Part of Great Britain called Scotland (that is to fay) The Bank called or known by the Name of Tbe Bank of Scotland, or the Bank called or known by the Name of The Royal Bank, fliall, within the Space of "three Months after the faid tv.-enty-fourth Day of June, take and fubfcribe the Oaths of Allegiance and Abjuration, and fubfcribe the Aflurance appointed by Law 19 Geo. a, C.38 Letters of Or- ther the fame vvere regiflered before or after the faid firft Day of September ; and that every fuch Regiftra- tjon, either made before or after the faid firfl Day of Septembei^ fliall, from and after the faid twenty-ninth the Banks to qu ilify tlvilrt-