400 
PAP 
or houfe where his majefty refides, under flat. 30 Car. II. 
ft. 2. c. 1. The 5th part of the' aft repeals the laws re¬ 
quiring the deeds and wills of Roman-catholics to be 
regiftered or enrolled. The 6th excufes perfons afting 
as counfellors at law, barrifters, attornies, clerks, or 
notaries, from taking the oath of lupremacy, or the de¬ 
claration againft tranfubftantiation. 
To ftate this ftatute fomething more particularly: 
Roman-catholics, who are willing to comply with the 
requifitions contained in it, mult appear at fome of the 
courts at Weftminfter, or at the quarter-feffions held for 
the county, city, or place, where they (hall refide, and (hall 
make and fubfcribe a declaration, that they profefs the 
Roman-catholic religion; and alfo an oath, which is 
nearly fimilar to that required by flat. 18 Geo. III. c. 60. 
the fubftance of which is dated above. The chief dif¬ 
ference in the oath is, that the words of that in flat. 
31 Geo. III. c. 31. are ftronger, and more adapted to pre- 
fent times and circumftances ; and probably intended to 
be lefs liable to equivocation or evafion. On this de¬ 
claration and oath being duly made by any Roman- 
catholic, the officer of the court (hall grant him a cer¬ 
tificate ; and fuch officer (hall yearly tranfmit to the privy- 
council, lifts of all perfons who have thus qualified them- 
felves within the year in his refpeftive court. The fta¬ 
tute then provides, that a Roman-catholic thus qualified 
(hall not be profecuted under any ftqtute for not repair¬ 
ing to a parifh-church, nor (hall he be profecuted for 
being a Papift, nor for attending or performing mafs or 
other ceremonies of the church of Rome; provided that 
no place (hall be allowed for an affiembly to celebrate fuch 
worffiip until it is certified to the feflions; nor (hall any 
minifter officiate in it until his name and defcription are 
recorded there. And no fuch place of affiembly (hall have 
its doors locked or barred during the time of meeting or 
divine worfnip. 
And if any Roman-catholic whatever is elefted con- 
ftable, churchwarden, overfeer, or into any parochial 
office, he may execute the fame by a deputy, to be ap¬ 
proved, as if he were to aft for himfelf as principal. But 
every minifter who has qualified (hall be exempt from 
ferving upon juries, and from being elefted into any 
parochial office. And all the laws for frequenting divine 
fervice on Sundays (hall continue in force; except where 
perfons attend forne place of worfnip allowed by this 
ftatute, or the Toleration Aft of the Diffenters; flat. 
1- W. & M. c. 8. 
If any perfon dilturb a congregation allowed under this 
aft, he (hall, as for difturbing a Diffienting meeting, be 
bound over to the next feffions, and, upon conviftion 
there, (hall forfeit aol. 
No Roman-catholic minifter, however, (hall officiate in 
any place of worfhip having a fteeple and a bell, or at any 
funeral in a church or church-yard, or dial 1 wear the 
habits of his order, except in a place allowed by this 
ftatute, or in a private houfe where there (hall not be 
more than five perfons befides the family. This ftatute 
(hall not exempt Roman-catholics from the payment of 
tithes, or other dues, to the church ; nor (hall it affeft the 
ftatutes concerning marriages, or any law refpefting the 
fucceffiion to the crown. No perfon who has qualified 
(hall be profecuted for inftrufting youth, except in an 
endowed fchool, or a fchool in one of the Englifh univer- 
fities; and except alfo, that no Roman-catholic fchool- 
mafter (hall receive into his fchool the child of any Pro- 
teftant father; nor (hall any Roman-catholic keep a fchool 
until his or her name be recorded as a teacher at the 
feffions. 
No religious order is to be eftablifhed ; and every en¬ 
dowment of a fchool or college by a Roman-catholic (hall 
(fill be fuperftitious and unlawful. 
The declaration prefcribed by the aft is contained in 
thele words : “ I, A. B. do hereby declare, that I do 
profefs the Roman-catholic religion.” Till the paffing 
of this aft, the perfons who were the fubjeft of it 
I S T. 
were known in the Englifti law by the name of Papifts, 
reputed Papifts, or perfons profeffimg the popiffi religion. 
As the bill was originally framed, and as it (food, 
when, having paffed the commons, it was brought into 
the houfe of lords, the firft claufe in it directed, that 
the oath contained in the ltat. 18 Geo. III. c. 60, ffiould 
be taken no longer; but that the oath appointed by the 
bill (hould, in future, be adminiftered in its (lead, and 
ffiould give the fame benefits and advantages, and ffiould 
operate to the fame effefts and purpofes, as the oath con¬ 
tained in the flat. 18 Geo. III. c. 60. This claufe was 
altered, in the houfe of lords, to the form in which it 
(lands in the aft. It does not exprefs that the oath con¬ 
tained in it (hall entitle the perfons taking it to the 
benefits of the flat. 18 Geo. III. it only expreffies that it 
(hall be lawful for Catholics to take the oath prefcribed 
at the places and times, and in manner, therein men¬ 
tioned. Thus it was uncertain whether perfons taking 
only the oath prefcribed by the ftat. 31 Geo. III. would 
be entitled to the benefit of the ftat. 18 Geo. III. fo as to 
be relieved from the penalties and difabilities from which 
the perfons taking the oath prefcribed by that aft, were 
releafed by it. The chief of thefe penalties and difabilities 
were thofe which difabled them from taking by defcent 
or purchafe: and it was thought advifable for every 
Roman-catholic, who wiftied to be fecure in the enjoy¬ 
ment of his landed property, to take both the declaration 
and oath prefcribed by the ftat. 31 Geo. III. and the oath 
prefcribed by the former ftat. 18 Geo. III. But all doubt 
on this fubjeft: is now removed by ftat. 43 Geo. III. c. 30. 
which, after reciting the inconvenience above dated, 
enafts, “ That the declaration and oath contained in the 
aft 31 Geo. III. (hall, as to all perfons who have made, 
taken, and fubfcribed, the fame, or who at any time here¬ 
after (hall make, take, or fubfcribe, the fame, give the fame 
benefits and advantages, and be and operate to and for 
the fame intents and purpofes, as in and by the faid aft 
of 18 Geo. III. is enafted, expreffied, and declared, of and 
concerning the oath thereby fubfcribed.” 
The ftatute 1 W. & M. c. 18, (commonly called the 
Toleration Aft,) exempts all Diflenters, except Papifts 
and fuch as deny the Trinity, from all penal laws relating 
to religion ; provided they take the Oaths of Allegiance 
and Supremacy, and fubfcribe the Declaration againft 
Popery, and repair to fome congregation regiftered in the 
bilhop's court, or at the feffions. But there is nothing 
in this aft which difpenfes either with the Teft-Aft or 
the Corporation-Aft, fo far as they impofe the obligation, 
of receiving the facrament of our Lord’s Supper on perfons 
ferving in offices or elefted to ferve in corporations ; and 
there is nothing in the ftatute 31 Geo. III. c. 32. which 
difpenfes Catholics from that obligation, in cafe of their 
ferving in offices, or being admitted into corporations. 
With refpeft, therefore, to the Teft-Aft and Corporation- 
Aft, thefe are the only ftatutes which fubjeft the Pro- 
teftant Diffenters to any penalties or difabilities; to thefe 
the Roman-catholics are fubjeft equally with the P10- 
teftant Diflenters: there is, therefore, no penalty or dif- 
ability that affefts the Proteftant Diflenters, to which 
Roman-catholics are not fubjeft equally; but there (till 
remain feveral penalties and difabilities to which Roman- 
catholics are fubjeft, that do not in any refpeft whatever 
affeft the Proteftant Diflenters. 
The principal of thefe are, that by ftat. 30 Car. II. 
ft. 2. c. 1, Roman-catholics, in confequence of refilling 
the Oath of Supremacy, or the Declaration againft Popery, 
are difabled from fitting in either houfe of parliament. By 
Hats. 7 & 8 W. III. c. 27, thofe who refufe to take the 
Oath of Supremacy are difabled from voting at elections 
(in Great Britain ;) and by feveral ftatutes, Roman- 
catholics are difabled from prefenting to adyoiyfons. This 
latter is peculiar to them; Quakers, and even Jews, having 
the full enjoyment of the right of prefentation. 
By the Militia Afts, previous to 42 Geo. III. c. 90, 91. 
the oath required to be taken by perfons enrolled in the 
i militia 
