HL Deb 09 May 1811 vol 19 cc1133-40

The following is a copy of the Bill as brought in by Lord Sidmouth:

A BILL, intituled, an Act to explain and render more effectual certain Acts of the First Year of the Reign of King William and Queen Mary, and of the Nineteenth Year of the Reign of his present Majesty, so far as the same relate to Protestant Dissenting Ministers.

"Whereas, by an Act made in the first year of the reign of king William and queen-Mary, intituled, 'An Act for exempting their Majesties Protestant subjects dissenting from the Church of Eng- land from the Penalties of certain Laws,' persons dissenting from the Church of England in holy orders, or pretended holy orders, or pretending to holy orders, and preachers or teachers of any congregation of Dissenting Protestants, in order to their being intitled to certain exemptions, benefits, privileges, and advantages, by the said Act granted, are required to declare their approbation of, and to subscribe to certain Articles of Religion: and whereat by another Act, made in the nineteenth year of the reign of his present Majesty, intituled, 'An Act for the further relief of Protestant Dissenting Ministers and Schoolmasters,' it is enacted, that every person dissenting from the Church of England in holy orders, or pretended holy orders, or pretending to holy orders, being a preacher or teacher of any congregation of Dissenting Protestants, if he shall scruple to declare and subscribe as required by the said first recited Act, may make and subscribe the declaration in the said last recited Act set forth, in order to his being entitled to the exemptions, benefits, privileges, and advantages, granted by the said first recited Act, and to certain other exemptions, benefits, privileges, and advantages, granted by the said last recited Act: and whereas doubts have arisen as to the description of persons to whom the said recited provisions were intended to apply, and it is expedient to remove the said doubts; May it therefore please your Majesty that it may be declared and enacted, And be it declared and enacted by the King's most excellent Majesty, by and with the advice and consent of the Lords spiritual and temporal, and Commons in: this present Parliament assembled, and by the authority of the same, that every per-son being a Protestant dissenting from the Church of England in holy orders, or pretended holy orders, or pretending to holy orders, who shall be appointed pr admitted to be the minister of any separate congregation of Dissenting Protestants, duly certified and recorded or registered according to law, shall be, and is here by declared to be, a person entitled to qualify-himself to be a dissenting minister, within the intent and meaning of the said recited provisions of the said Acts; and that no other than such person as aforesaid is so-entitled within the intent and meaning of the same.

"And be it further enacted, that, from and after the passing of this Act, upon the appointment of any person, being a pro- testant dissenting from the Church of England, and being in holy orders, or pre tended holy orders, or pretending to holy orders, to be the minister of any separate congregation of Dissenting Protestants, duly certified and recorded or registered according to law, and upon his admission to the peaceable possession and enjoyment of the place of minister of the said congregation, it shall be lawful for any or more substantial and reputable householders belonging to the said congregation, in order that the said minister may duly qualify himself according to this Act, to certify the said appointment and his ad mission to the peaceable possession and enjoyment of the said place, by writing under their hands and proper names, in the form set forth in the Schedule of this Act marked A., to be directed to the justices of the peace at the general session of the peace to be holden for the: county, riding, or place where such congregation shall be established; and every such minister, who shall cause the certificate to him granted as aforesaid to be recorded at any general session of the peace to be holden as afore said, within after the date of the said certificate, in the manner directed by this Act, (proof being first made on the oath of or more credible witness or witnesses of the hand-writing of the several persons: of the said congregation whose names are subscribed to the said certificate), shall be and is hereby allowed, without further proof, to take the oaths and to make and subscribe the declaration against popery required to be taken and made by the said Act passed in the first year of the reign of King William and Queen Mary, and also the declaration set forth in the said Act passed in the nineteenth year of the reign of his present Ma jesty; and after taking the said oaths, and making and subscribing the said declarations, in manner and upon proof aforesaid, every such minister shall be and is hereby declared to be entitled to all the exemptions, benefits, privileges, and advantages granted to Protestant Dissenting ministers by the said recited Acts or either of them, or by any Act in the said recited Acts or either of them mentioned or referred to.

"Provided always, and be it further enacted, that nothing herein-before contained shall affect or impeach, or be construed to affect or impeach, any provision or exemption, or any qualification or modification thereof, contained in any statute made since the said recited Acts, and now in force, relating to the militia, or the local militia of this kingdom.

"Provided also, and be it further enacted;, that nothing herein-before contained shall affect or impeach, or be construed to affect or impeach, the title or claim of any dissenting minister, who before the passing of this Act shall have taken the oaths and subscribed the declaration mentioned or set forth in the said recited Acts, or either of them, to have and enjoy the exemptions, benefits, privileges, and advantages granted by the said Acts, or either of them.

"And whereas it is expedient to exempt from certain penalties other persons herein after described, who shall make and sub scribe the declaration set forth in the said Act of the nineteenth year of the reign of his present Majesty, be it further enacted, that in case any person, being a Protestant dissenting from the Church of England, and in holy orders, or pretending to holy orders, but who shall not have been appointed or admitted the minister of any separate congregation of Dissenting Protestants, shall be desirous of qualifying himself according to this Act, to preach and officiate as a dissenting minister, if shall be lawful for any or more substantial and reputable householders being respectively Dissenting Protestants of one and the same sect or persuasion with the person applying, to certify, on their consciences and belief, by writing under their hands and proper names, in the form set forth in the Schedule of this Act marked B., to be directed to the justices of the peace, at the general sessions of the peace to be holden for the county, riding, or place, where the said householders, or the major part of them, shall reside, that such person is a Protestant Dissenting minister of their sect or persuasion, and has been known to them and every of them, for the space of at the least before the date of the said certificate, and that such person is of sober life and conversation, and of sufficient ability and fitnesss to preach or teach and officiate as such dissenting minister; and every person to whom such last mentioned certificate shall be granted, who shall cause the same to be recorded at any general session of the peace to be holden as aforesaid, within after the date of the said certificate in the manner directed by this Act, proof being first made on the oath of or more credible witness or witnesses of the hand writing of the several persons Whose names are subscribed to the said certificate, shall be, and is hereby allowed, without further proof, to cake the said oaths, and make and subscribe the said declarations in the said recited Acts mentioned or set forth; and every such person, after taking the said oaths, and making and subscribing the said declarations in manner and upon the proof aforesaid, may from thenceforth preach and officiate as a dissenting minister in any congregation of Dissenting Protestants duly certified and registered or recorded according to law; and every person so qualifying himself as last aforesaid, shall be wholly exempted from all and every the pains, penalties, punishments, or disabilities inflicted by any statute mentioned in the said recited Acts, or either of them, for preaching or officiating in any congregation of Protestant Dissenters for the exercise of religion permitted and allowed by law.

"And be it further enacted, that upon the appointment or admission of any per son of sober life and conversation to be a probationer for the exercise during a time to be limited of the functions of a Protestant dissenting minister, it shall be lawful for any or more dissenting ministers who shall have taken the said oaths, and made and subscribed the said declarations pursuant to the said recited Acts or either of them, or this Act, to certify the said appointment or admission by writing under their hands, in the form set forth in the schedule of this Act marked C. to be directed to the justices of the peace at the general session of the peace to be holden for the county, riding, or place where the said ministers or major part of them, shall reside, and that the person so appointed or admitted is of sober life and conversation, and has been known to them for the space of before the date of the said, certificate, and every person to whom such last mentioned certificate shall be granted, who shall cause the same to be recorded at any general session of the peace to be holden as aforesaid, within after the date of the said last mentioned Certificate in the manner directed by this act, (proof being first made on the oath of or more credible witness or witnesses of the hand-writing of the said ministers whose names are subscribed to the said certificate), shall be and is here by allowed with out further proofs to take the said oaths, and to make and subscribe the said several declarations in the said recited acts mentioned or set forth; and every such person, after taking the said oaths, and mak- ing and subscribing the said declarations, may from thenceforth, during the period specified in such certificate, and not exceeding next ensuing, preach and officiate as such probationer in any congregation of Dissenting Protestants duly certified and registered or recorded ac cording to law; and every person so qualifying himself as last aforesaid, shall be, and is hereby declared to be, during the space of exempted from all and every the penalties, punishments, and disabilities inflicted by any statute mentioned in the said recited Acts, or either of them, for preaching or officiating in any congregation of Dissenting Protestants for the exercise of religion permitted and allowed by law.

"Provided always, and be it enacted, that nothing herein contained shall be construed to authorise or enable any per son to qualify more than as such probationer.

"And be it further enacted, that the justices of the peace, to whom any such certificate as aforesaid shall within the time herein limited be tendered at their general session, shall, and they are hereby required, after such proof in verification thereof as is herein directed, to administer the said oaths and declarations to the person producing such certificate, upon his offering to take and make and subscribe the same respectively, and thereupon to record the said certificate at the said session, and thereof to keep a register: Provided always, that any declaration required to be subscribed by the said recited Acts or either of them, shall be subscribed in open court, with the proper Christian and surname and names of the person making such declaration in his own handwriting, and in the' usual manner of his writing, the same in words at length, and not otherwise: Provided always, that in the body of every certificate granted by the said officer or officers of the said court to any person as such probationer and not as minister, there shall be expressed the limitation of time for which such certificate shall be in force by virtue of this Act.

"And be it further enacted, that every certificate of appointment or admission of any such minister, or of any person to officiate as such minister, or of any such probationer pursuant to this Act, shall be subscribed with the respective proper names of the several persons granting the same, in their own hand-writing, and in the usual manner of their writing and sub- scribing the same, and in the presence of the person or persons who is, or are to be, the witness or witnesses, to verify the same before the court of general session of the peace in the manner here directed.

"And be it further enacted, that this Act shall be deemed and taken to be a public Act, and shall be judicially taken notice of as such by all judges, justices, and others, without being specially pleaded.

Schedules to which this Act refers.

    c1139
  1. SCHEDULE (A). 225 words
    2. cc1139-40
  2. SCHEDULE (B.) 237 words
    3. c1140
  3. SCHEDULE (C.) 187 words
Forward to