Roman Catholic Relief Act Adoption Act 1830 No 1a (NSW)
No. IX.
| Adoption. | An Act declaring that a certain Act of Parlia ment passed in the tenth year of the reign of His Majesty King George the Fourth intituled “ Aii Act for the relief of Bis |
| [- |
Majesty's Roman Catholic Subjects" extends to
and is in force in the Colony of New South
| Wales. | [ISth January, 1830.] |
| Preamble. | rHEUEAS by an Act of Parliament passed in tlie tenth year of |
| t V | the reign of His present Ma,jesty intituled “ An Act fo r the |
relief o f Ills Majesty's Roman Catholic Subjects" all His Ma,jesty’s subjects professing the Roman Catholic religion are relieved from all civil and military disabilities with certain specified exceptions and it is expedient to remove any doubt which may exist as to the application
Adopting the British o f the Said Act to tMs Colony Be it therefore enacted by His for the reiie’f T ”* Excellcncy the Govemoi* of New South Wales with the advice of the
| Roman Catholics. | Legislative Council That the said Act of Parliament extends to and is in force and the same is hereby declared to extend to and he in full force in the Colony in the same manner in all respects as if the said Act had contained a positive clause to such effect. |
| ANNO DECIMO GEORGII IV. | REGIS. |
CAP. VII.
An Act for the relief of His Majesty’s Roman Catholic sulijects.
[ m il April, 1829.]
| Rouan Catholic | “ TTj^HEREAS by various Acts of Parliament certain restraints |
| Relief Act | “ | W | and disabilities are imposed on the Roman Catholie subjeids |
| Adopted. |
“ of His Majesty to which other subjects of His Majesty arc not liable " And whereas it is expedient that such restraints and disabilities “ shall be from henceforth discontinued And whereas by various “ Acts certain oaths and certain declarations commonly called the “ declaration against Transubstantiation and the declaration against “ Transubstantiation and the Invocation of Saints and the Sacrifice of
“ the
| 1880. | 10’ UEO. IV. | No. 9. | 1T5 |
Momcm CatholiG Melief Act Adopted, 10 G. 1, c. 7.
“ the Mass as practised in the Clmrcli of Rome ar(; or may he required “ to he taken made and suhseribcd hy the subjects of Ilis Majesty as “ qualifications for sitting- and voting in Parliament and for tlie enjoy- “ inent of certain offices franchises and civil riglits ” Be it enacted by the King’s Most Excellent Majesty hy and with the advice and consent of the Lords Spiritual and Temporal and Commons in this present Parliament assembled and hy tlie authority of the same That from and
after the commencement of this Act all such parts of the said Acts as A c u relating to
require the said do(‘larations or cither of tliem to he made or subscribed
by any of llis Majesty’s subjects as a (qualification for sitting and repealed,
voting in Parliament or for t he exercise or enjoyment of any office
franchise or civil right lie and the same arc (save as hereinafter
provided and excepted) hereby i-epealcd,
2. And be it enacted Tliat from and after the commencement of this Act it shall be lawful for any person professing the Roman prriirmuntontak'iSg
| Catholic religion being a qicer or who shall after the commencement | following oath, |
| of tills Act be returned as a Member of the House of Commons to sit and vote in either House of I ’aiiiament rcsjiectivcly being in all other respects duly (jualified to sit and vote therein upon taking and sub scribing the following oath instead of the oaths of allegiance supremacy and abjuration— | |
| “ I yl. Ji. do sincerely jiromise and swear that I will be faithful and “ bear true allegiance to His Majesty King George the Fourth and will “ defend him to the utmost of my qiower against all conspiracies and “ attempts whatever which sliall be made against His Person Crown or “ Dignity and I will do my utmost cndeaAmur to disclose and make “ know'll to His Majesty His Heirs and Successors all treasons and “ traitorous consqiiracies whi(di may be formed against him or them “ And I do fiiithfully qiromisc to maintain support and defend to the “ utmost of my ])ower the succession of the Crown which succession “ by an Act intituled ‘yin Act for the further limitation o f the Crown “ and, better securing the righ ts and liherties o f the subject ’ is and “ stands limited to the Princess Soqihia Electress of Hanover and the “ Heirs of her body being Protestants hereby utterly renouncing and “ abjuring any obedience or alhigiance unto any other qierson claiming “ or pretending a right to the Crown of this Realm And I do further “ declare that it is not an article of my faith and that I do renounce “ reject and abjure the oqiinion than Princes excommunicated or “ deqirivcdby the Pope or aii}̂ other autliority of the See of Rome may “ be dc])oscd or murdered by their subjects or by any person whatsoever “ And I do dec-Jare that I do not believe that the Pope of Rome “ or any other foreign prince prelate person state or potentate hath “ or ought to have any temporal or civil jurisdiction jiower superiority or “ pre-eminence directly or indirectly within this realm I do swear that “ I will defend to the utmost of my power the settlement of property “ within this realm as established by the laws and I do hereby disclaim “ disavow and solemnly abjure any intention to subvert the present “ Church Establishment as settled by law within this realm and I. do “ solemnly swear that I never ivill exercise any privilege to which I am “ or may become entitled to disturb or weaken the Protestant religion “ or Protestant Government in the United Kingdom and I do solemnly “ in the jircsence of God qirofess testify and declare that I do make “ this declaration and every jiart thereof in the plain and ordinary “ sense of the words of this oath wuthout any evasion equivocation or |
| “ mental reservation whatsoever | So help me G o d . ” |
3. And be it further enacted That wherever in the oath hereby Tim name of the
| apf)ointed and set forth the name of His qiresent Majesty is exq^ressed | j |
or referred to the name of the Sovereign of this Kingdom for theusedintiiooatii,
time-being by virtue of the Act for the further limitation of the Crown
and
| 176 | No. 9. | 10̂ GEO. IV. | 1830. |
Homan Catholic Relief Act Adopted, 10 G. 4, c. 7.
and better securing the rights and liberties of the subject shall be substituted from time to time with proper words of reference thereto.
| No Roman Catholic | 4. Pi’ovidcd alwavs and be it further enacted That no peer House of Commons after the commencement of this Act sliall be capable of sitting or voting in cither House of Parliament respectively unless he shall first take and subscribe the oath hereinbefore appointed and set forth before the same persons at the same times and places and in the same manner as the oaths and the declaration now requii’cd by law are respectively directed to be taken made and subscribed and that any such person professing the Roman Catholic religion who shall sit or vote in either House of Parliament without having first taken and subscribed in the manner aforesaid the oath in this Act appointed and set forth shall bo subject to the same penalties forfeitures and disabilities and the offence of so sitting or voting shall be followed and attended by and with the same consequences as are by law enacted and provided in the case of persons sitting or voting in either House of Parliament respectively without the taking making and subscribing the oaths and the declaration now required by law. |
| capable | fitting or ppofessing tlic lloiiian Catliolic religion and no person professing the |
| VO mg uni le as | Catliolic religion who shall bo returned a Member of the |
| taken the oath. |
Roman Catholics m ay vote a t elections5. And be it further enacted That it shall be lawful for persons
T̂bê eiectoirupOT pi’ofessing tlic llomaii Catholic religion to vote at elections of Members taking the oath. to servc in Parliament for England and for Ireland and also to vote at
the elections of Representative Peers of Scotland and of Ireland and to be elected sucli Representative Peers being in all other respects duly qualified upon taking and subscribing the oath hereinbefore appointed and set forth instead of the oaths of allegiance supremacy and abju ration and instead of the declaration now by law required and instead also of such other oath or oaths as are now by law required to b(5 taken by any of His Majesty’s subjects professing the Roman Catholic religion and upon taking also such other oath or oaths as may now be lawfully tendered to any persons otfering to vote at such elections.
| Oath shall be admin- | 6 . And bc it further enacted That the oath hereinbefore appointed and set forth shall bo administered to Ilis Majesty’s subjects |
| oaths. | professing tbe Roman Catholic religion for the purpose of enabling them to vote in any of the cases aforesaid in the same manner at the same time and by the same officers or other persons as the oaths for which it is hereby substituted are or may be now by law administered and that in all cases in wdiich a certificate of the taking making or subscribing of any of the oaths or of the declaration now required by law is directed to be given a like certificate of the taking or subscribing of the oath hereby appointed and set forth shall be given by tlic same officer or otber person and in tbe same manner as tlie certificate required by law is directed to be given and shall he of the like force and effect. |
Persons admiiiistor- 7 ̂ And be it further enacted That in all cases where the to take an oath duly pei'sons now authorized by law to administer the oaths ot allegian ce to administer. supremacy and abjuration to persons voting at elections are them
selves required to take an oath previous to their administering such oaths they shall in addition to the oath now by them taken take an oath for the duly administering the oath hereby appointed and set forth and for the duly granting certificates of the same.
| So much of any Acts | 8. | “ And whereas in an Act of the Parliament of Scotland made |
muu'̂ contahiedTn “ in eighth and ninth session of the first Parliament of King 8 & 9 w. 3. c. 3. (S.) “ ■wiiiiaxn the Third intituled ‘An Act for the preventina the qrowth taken repealed. ^ Fopevy a ccrtaiii declaration or lormnia IS therein contained
“ wbicli it is expedient should no longer be required to be taken and “ subscribed” Be it therefore enacted That such parts of any Acts as authorize the said declaration or formula to be tendered or require the
same
| 1830. | 10’ GEO. IV. | No. 0. | 177 |
Roman Catholic R elief Act AdojAecl, 10 G. 1, c. 7.
same to bc taken sworn and subscribed shall be and the same are hereby
repealed exec])t as to such offices places and rights as are hereinafter
excepted and that from and after the commencement of this Act it shall
| he lawful for persons professing the Homan Catholie religion to (deet and | ' |
he elected jMemhers to serve in Parliament for Scotland and to lu'eiectr.i AUmhusior respects duly (pialitied such persons always taking and subscribing the oatli hereinbefore a])pointcd and set forth iustead of the oaths of allegiance and abjuration as now required hy law at such time as the said last-mentioned oaths or cither of them arc now required hy law to he taken.
enrolled as frecdiolders in any shire or st('wai’try of Scotland and to he ĉotiami.
chosen commissioners or delegates for choosing burgesses to serve in
| {). And he it further enacted That no person in holy orders in | m u, Cathniur |
yin ylct to
the Church of Home shall he capable of being elected to serve in Hujisî 'nlâ uiumi- j)erson shall he elected to serve in Parliament as aforesaid such (deetion shall he void and if any person being elected to serve in Parliament as a ^lemher of the House of Commons shall after his election take or receive holy orders in the Church of Home the seat of such person sliall immediately become void and if any su(di person shall in any of the cases aforesaid jiresume to sit or vote as a Member of the House of Commons he shall he subject to the same penalties for feitures and disabilities as are enacted hy an Act ]iassed in the forty- first year of the reign of King George the Third intituled “
ronoce doubts respecting the cHgibility o f persons in hohj orders to “ sit in the House o f Commons’̂ and proof of the celebration of any religious sendee hy such person according to the rights of the Churcli of Home shall he deemed and taken to he prirnd facie evidence of the fact of such person being in holy orders within the intent and meaning of this Act.
10. And l)c it enacted That it shall he lawful for any of His Rom.nTi c.nii..jics ^ Majesty’s subjects professing the Homan Catholic religion to hold Jniutiiry oiik'o's I'/i'iIilt
| exercise and eniov all civil and militarv offices and places of trust o r | yiti' |
| profit under His Majesty His Heirs or Successors and to exercise any other franchise or civil right except as hereinafter excepted upon taking .and subscribing at the times .and in the manner hercin.aft(‘r mentioned the oath hereinbefore .ap])ointed and set forth instead of the oaths of allegiance supremacy and al)jur.ation and instead of such other o.ath or oaths as arc or may he now l>y law required to het.akcn for the purpose aforesaid hy any of His Majesty’s subjects professing the Homan Catholic religion. |
11. Provided always and he it enacted That nothing herein xnt to
| contained shall he construed to exempt any person professing tlu' | ','v |
Homan Catholic religion from the necessity of taking any o.ath or otiiorn.ithshciiimvd
oaths or making any declaration not hereinbefore mentioned which
are or may he hy law rctpiired to he taken or subscribed hy any
person oir his admission into any such office or place of trust or profit
as aforesaid.
12. Provided also and he it further enacted That nothing officc-s u iiiiir i.i
| herein contained shall extend or he eonstrued to extend to en.ahle any ii"™ | ' ' |
| person or persons professing the Homan Catholic religion to hold or exercise the office of Guardians .and Justices of the United Kingdom or of Hegent of the United Kingdom under Avhatever name style or title such office may he constituted nor to enable any person otheiavise than as he is now hy law enabled to hold or enjoy the office of Lord High Chancellor Lord Keeper or Lord Commissioner of the Great Seal of Great Britain or Ireland or the office of Lord Lieutenant or Lord De2>uty or other Chief Governor or Governors of Ireland or His |
| z | Majesty’s |
| 178 | No. 9. | 10° GEO. IV. | 1830. |
Roman Catholic R elief Act Adopted, 10 G . 4, c. 7.
Majesty’s Higli Commissioner to the General Assembly of the Church of Scotland.
| Nothing herein fo | 13. Provided also and be it further enacted That nothing herein contained shall he construed to atfect or alter any of the provisions of an Act passed in the seventh year of His present Majesty’s reign intituled “ A n Act to consolidate and amend the Laws “ which regulate the levy and application o f Church, Rates and Parish “ Cesses and the election of Churchwardens and the maintenance of “ Parish Clerks in Ireland.” |
| repeal 7 G. 4. c. 72, | |
| Roman Catholics | 14. And be it enacted That it shall he lawful for any of His Majesty’s subjects professing the Roman Catholic religion to be a member of any lay body corporate and to hold any civil office or place of trust or profit therein and to do any corporate act or vote in any corporate election or other proceeding upon taking and subscribing the oath hereby appointed and set forth instead of the oaths of allegiance sujiremacy and abjuration and upon taking also such other oath or oaths as may now by law be required to he taken hy any persons becoming members of such lay body coiqiorate or being admitted to hold any office or place of trust or profit Avithin the same. |
| ma}' be members of | |
| lay corporations. | |
| corporations not to | |
| Such members of | 15. Provided nevertheless and he it further enacted That His Majesty’s subjects professing the Roman Catholic religion and being a member of any lay body corporate to give any \*ote at or in any manner to join in the election presentation or appointment of any person to hny ecclesiastical benefice whatsoeA^er or any office or place belonging to or connected with the United Church of England and Ireland or the Church of Scotland being in the gift patronage or disposal of such lay corporate body. |
| vote in ccclesiastici.l | nothing herein contained shall extend to authorize or empoAver any of |
| appointments. | |
| Not to extend to |
| offices &c. in the | 16. Provided also and be it enacted That nothing in this Act |
| Establislied Clinrch | contained shall be construed to enable any persons otherAvise than as |
| ecclesiastical courts | |
| universities colleges | they are noAV by laAV enabled to hold enjoy or exercise any office place |
| or schools | or dignity of in or belonging to the United Church of England and Ireland or the Church of Scotland or any place or office Avhatever of in or belonging to any of the Ecclesiastical Courts of Judicature of England and Ireland respectUely or any eourt of appeal from or revieAv of the sentences of such courts or of in or belonging to the Commissary Court of Edinburgh or of in or belonging to any cathedral or collegiate or ecclesiastical establishment or foundation or any office or place whateA'er of in or belonging to any of the universities of this realm or any office or place whatever and hy whatever name the same may he called of in or belonging to any of the colleges or halls of the said universities or the Colleges of Eton Westminster or Winchester or any college or school Avithin this realm or to repeal abrogate or in any manner to interfere with any local statute ordinance or rule which is or shall he established hy competent authority Avithin any unUersity college hall or school by Avhich Iloman Catholics shall be prcA'ented from being admitted thereto or from |
| nor to presentations | residing or taking degrees therein Provided also that nothing herein |
| to benefices. | contained shall extend or be construed to extend to enable any person otherAvise than as he is noAv hy law enabled to exercise any right of presentation to any ecclesiastical benefice whatsoever or to repeal vary or alter in any manner the laAvs noAv in force in respect to the right of presentation to any ecclesiastical benefice. |
| Proviso for presen | |
| tations to benefices | 17. Provided ahvays and be it enacted That where any right of the gift or appointment of His Majesty Ilis Heirs or Successors and such office shall be held hy a person professing the Roman Catholic religion the right of presentation shall devolve upon and be exercised by the Archbishop of Canterbury for the time-being. |
| conneeted with | presentation to any ecclesiastical benefice shall belong to any office in |
| offices. |
| ‘ | 18. |
| 1830. | nr GEO. IV. | No. 9. | 179 |
Roman Catholic Relief Act Adopted, 10 G. 4, c. 7.
18. And be it enacted That it shall not he lawful for any person Xo Roman Catiioiio
| professing the Iloman Catholic religion directly or indirectly to advise | ihJ appointment̂ |
such office may he constituted or the Lord Lieutenant or Lord Deputy or other Chief Governor or Governors of Ireland touching or concerning the appointment to or disposal of any office or preferment in the United Church of England and Ireland or in the Church of Scotland and if any such person shall offend in the premises he shall being thereof convicted by due course of law he deemed guilty of a high misdemeanor and disabled for ever from holding any office civil or military under the Crown.
Ilis Maiesty His Heirs or Successors or any person or persons holdin<>' to offices in the
or exercising the office of Guardians of the United Kingdom or of '̂ '̂ ̂ '
19. And be it enacted That every person professing the Iloman Time and maimer of
Catholic religion who shall after the commencement of this Act he placed elected or chosen in or to the office of mayor provost alderman recorder bailiff toAvn clerk magistrate councillor or common council man or in or to any office of magistracy or place of trust or employment relating to the Government of any city corporation borough burgh or district within the United Kingdom of Great Britain and Ireland shall within one calendar month next before or upon his admission into any of the same respectively take and subscribe the oath hereinbefore appointed and set forth in the presence of such person or persons respectively as by the charters or usages of the said respective cities corporations burghs boroughs 'or districts ought to administer the oath for due execution of the said offices or places respectively and in default of such in the presence of two Justices of the Peace Councillors or Magistrates of the said cities corporations burghs boroughs or districts if' such there be or otherwise in the presence of two Justices of the Peace of the respective counties ridings divisions or franchises wherein the said cities corporations burghs boroughs or districts are which said oath shall either be entered in a book roll or other record to be kept for that purpose or shall be filed amongst the records of the city corporation burgh borough or district.
20. And bo it enacted That every person professing the Iloman Time ami numimr uf
| Catholic religion wlio shall after the commencement of this Act be otuir officer * | ” |
| appointed to any oflice or place of trust or profit under His Majesty His Heirs or Successors shall within three calendar months next before such appointment or otherwise shall before he presumes to exercise or enjoy or in any manner to act in such office or place take and subscribe the oath hereinbefore appointed and set forth either in His Majesty’s High Court of Chancery or in any of His Majesty’s Courts of King’s Bench Common Pleas or Exchequer at 'Westminster or Dublin or before any Judge of Assize or in any Court of General or Quarter Sessions of the Peace in Great Britain or Ireland for the county or place where the person so taking and subscribing the oath shall reside or in any of His Majesty’s Courts of Session Justiciary Exchequer or Jury Court or in any Sheriff or Stewart Court or in any Burgh Court or before the Magistrates and Councillors of any royal burgh in Scotland between the hours of nine in the morning and four in the afternoon and the proper officer of the Court in which such oath shall be so taken and subscribed shall cause the same to be preserved amongst the records of the Court and such officer shall make sign and deliver a certificate of such oath having been duly taken and subscribed as often as the same shall be demanded of him upon payment of two shillings and sixpence for the same and such certificate shall be sufficient evidence of the person therein named having duly taken and subscribed such oath. |
| 180 | 9. | GEO. ly . | 1830. |
Roman Catholic R elief Act Adojited, 10 G. 1, c. 7.
| p.niiiity oil actin'; in | 21. Ami be it Gnactecl That if any person professing the Iloman religion shall enter upon the exercise or enjoyment of any oflice or ])lace of trust or profit under His Majesty or of any other office or franchise not having in the manner and at the times aforesaid taken and suhscrilted the oath hereinbefore appointed and set forth then and in every such ease such person shall forfeit to His Majesty the sum of two hundred pounds and the appointment of sucli person to the office place or franchise so by him held sliall become altogether void and the office place or franchise shall he deemed and taken to he |
| vacant to all intents and purposes whatsoever. | |
| and naval officers. | |
| 0;itlis by military | 22. Provided always That for and notw ithstanding any thing in this Act contained the oath hei-einhefore apjiointed and set forth shall he taken hy the officers in His Majesty’s land and sea service professing the Roman Catholic religion at the same times and in the same manner as the oaths and declarations now required hy law are directed to he taken and not otherwise'. |
| sary to be taken by | |
| No otlicr oaths neces | 23. And he it further enacted That from and after the passing of this Act no oath or oaths shall he tendered to or required to he taken hy His Majesty’s subjects professing the Iloman Catholic religion for enabling them to hold or enjoy any re:d or personal projierty of her than such as may hy law he tendcri'd to and reiiuired to h(! taken by His Majesty’s other subjects and that the oath herein appointed and set forth being taken and subscribed in any of the Courts or before any of the jH'rsons above mentioned shall he of tlu; same force and efl'cet to all intents and purposes as and shall stand in the place of all oaths and declarations rc'(iuired or prescribed hy any law now in force for the rt-lief of His ^Majesty’s Roman Catholic subjects from any disabilities incapacities or ])enalties and the proper oliicer of any of the Courts above mentioned in which any person professing the Roman Catholic religion shall demand to take and suhscrihe tlie oath herein appointed and set forth is hereby authori/i'd and required to administer the said oath to such person and such otflcer shall make sign and deliver a c('rtificate of such oath having been duly taken and suhscrihed as often as the same shall he demanded of him upon payment of one shilling and such certificate shall he sufficient evidence of the person therein named having duly taken and suhscrihed such oath. |
| Koman Catholics. |
| Titles to Secs &c. not | 2 i. | “ And whereas the Protestant Episcopal Church of England |
| to be assumed by |
| Komaii Catliolics. | “ and Ireland and the doctrine discijiline and government thereof and “ likcwisetheProtestantPreshyterianChurchof Scotlandandthedoctrine “ discipline and government thereof are hy the respective acts of union of “ England and Scotland and of Great Britain and Ireland established per- “ manently and inviolably And whereas the right and titleof Archbishops “ to their respective Provinces of Bishops to their Sees and of Deans to “ their Deaneries as well in England as in Ireland have been settled and “ established hy law” Be it therefore enacted that if any person after the commencement of this Act other than the person thereunto authorized hy law shall assume or use the name style or title of Archhisho]) of any Province Bishop of any Bishopri(;k or Dean of any Deanery in England or Ireland he sliall for every such offence forfeit and pay the sum of one hundred pounds. |
| Judicial or otiier | 25. And be it further enacted That if anv person holding any |
| w itii in sign ia of | judicial oi’ civil officc Or any mayor provost jurat oailitt or other |
| oiiicc at any place of corporate officer sliall after the commencement of this Act resort to | woi’sliip otltcr tlian | ^ | , | , , , | , • | t* | t | • | i | • | • |
Established Church. Or l)c present at any place or public meeting lor religious worship m England or in Ireland other than that of the United Church of England and Ireland or in Scotland other than that of the Church of Scotland as by law established in the robe gown or other peculiar habit of his office or attend with the ensign or insignia or any part
thcreol'
| 1880. | 10̂ GEO. IV. | No. 9. | 181 |
Romau. Catholic llaUef Act Adopted, 10 G. 4, c. 7.
thereof of or belonging to such liis office such person shall being thereof convicted hy due course of law forfeit such oflice and pay for every such olfence the sum of one hundred pounds.
20. And he it further (maeted That if any Iloman Catholic re n a ity on Roman
ecclesiastic or any member of any of the orders communities or religion or wear the habits of his order save within the usual places of worship of the Iloman Catholic religion or in private houses such ecclesiastic or other person shall being thereof convicted hy due course of law forfeit for every such offence the sum of fifty pounds.
societies hereinafter mentioned shall after the commencement of this tiirii- usual places of
27. Provided always and be it enacted That nothing in this Not to repeal statute
Act contained shall in any manner repeal alter or affect any provision ̂
of an Act made in the fifth year of Ilis present Majesty’s reign
intituled “ An Act to repeal so much o f an Act passed in the ninth
“ year o f the reign o f King IViUiain, the Third, as relates to burials in
“ snjjpressed Monasteries Abbeys or Conrents in Ireland and to make
^\further provision with respect to the burial in Ireland o f persons
“ dissenting from the Established Church,."
2<S. “ And whereas .Jesuits and members of other religious i*'™-tiic suppression
“ monastic or religious vows are rt'sident within the United K i n g d o m tiu; Chmcii of Romo.
“ and it is expeditait to make provision for the gradual suppression and
“ final prohibition of the same therein” Be it therefore enacted That
every .Jesuit and every member of any other religious order community
or society of the Church of Horne bound by monastic or i-eligious
vows who at the time of the commencement of this Act shall be
within the United Kingdom shall within six calendar monflis after
the commencement of this Act deliver to the Cleiic of the Peace of
the county or place where such person sliall reside or to his deputy a
a notice or statement in the fonn and containing tire particulars
required to be set forth in the Schedule to this Act annexed which
notice or statement such Clerk of the Peace or Iris deputy shall
preserve and rc^gister amongst the records of such county or
place without any fee and shall forthwith transmit a copy of
such notice or statement to the Chief Sccridary of the Lord
“ orders communities or societies of the Church of Home hound by if such person shall reside in Ireland or if in Great Britain to one of Ilis Majesty’s Principal Secretaries of State and in case any person shall offend in the jn-ernises he shall forfeit and pay to Ilis Afajesty for every calendar month during which lie shall remain in the United Kingdom without having delivered such notice or statement as is hereinbefori; required the sum of fifty pounds.
2Sf. And be it further enacted That if any .Jesuit or member of any .ri'suUs &o. fioming
such religious order community or society as aforesaid shall after the commencenK'nt of this Act come into this realm he shall b(‘ deenuMl and taken to be guilty of a misdemeanor and being thereof lawfully convicted shall be sentenced and ordered to be banished from the United Kingdom for the term of his natural life.
30. Provided always and be it further enacted That in case any Natm-ni bom sub.
natural-born subject of this realm being at the time of the commence the Peace of the county or place where he shall reside or his deputy
ment of this Act a Jesuit or other member of any such religious kingib.m ami be
order community or society as aforesaid shall at the time of the
commencement of this Act be out of the realm it shall be lawful for
such person to return or to come into this realm and upon such his
return or coming into the realm he is hereby required within the space
of six calendar months after his first retuniing or coming into the
for
| 182 | No. 9. | 10̂ aEO. IV. | 1830. |
Homan Catholic Relief Act Adopted, 10 G. 4, c. 7.
for the purpose of being so registered and transmitted as hereinbefore directed and in case any such person shall neglect or refuse so to do he shall for such offence forfeit and pay to His Majesty for every calendar month during which he shall remain in the United Kingdom without having delivered such notice or statement the sum of fifty pounds.
| The Principal Seci c- | 3p. Provided also and be it further enacted That notwith- |
| gTant licenses | standing ally thing hereinbefore contained it shall be lawful for any |
fnto'thVwn<rdom™nd Majesty’s Principal Secretaries of State being a Protestant
may revoke the same, hy a license in Writing signed hy him to grant permission to any
Jesuit or member of any such religious order community or society as aforesaid to come into the United Kingdom and to remain therein for such period as the said Secretary of State shall think projier not
| , | exceeding in any case the space of six calendar months and it shall |
| ' | also be laivful for any of His Majesty’s Principal Secretaries of State to revoke any license so granted before the expiration of the time mentioned therein if he shall so think fit and if any such person to ivhom such license shall have been granted shall not depart from the United Kingdom within twenty days after the expiration of the time mentioned in such license or if such license shall have been revoked then within twenty days after notice of such revocation shall have been given to him eveiy person so offending shall be deemed guilty of a misde meanor and being thereof lawfully convicted shall be sentenced and ordered to be banished from the United Kingdom for the term of his natural life. |
| to'̂ briaid | further enacted That there shall annually Ijc laid |
| liament. | before both Houses of Parliament an account of all such licenses as shall have been granted for the purpose hereinbefore mentioned within the twelve months then next preceding. |
| Adm itting persons as | |
| members of such | 33. And be it further enacted That in case any Jesuit or shall after the commencement of this Act within any part of the United Kingdom admit any person to become a regular ecclesiastic or brother or member of any such religious order community or society or be aiding or consenting thei*eto or shall administer or cause to be administered or be aiding or assisting in the administering or taking any oath vow or engagement purporting or intended to bind the person taking the same to the rules ordinances or ceremonies of such religious order community or society every person ofiending in the premises in England or Ireland shall l)e deemed guilty of a misdemeanor and in Scotland shall be punished by fine and imprisonment. |
| religious orders | member of any such religious order community or society as aforesaid |
| deemed a misde- | |
| Any person so ad | |
| m itted a member of | 34. And be it further enacted That in case any person shall Kingdom be admitted or become a Jesuit or brother or member of any other such religious order community or society as aforesaid such person shall be deemed and taken to be guilty of a misdemeanor and l)eing thereof lawfully convicted shall be sentenced and ordered to be banished from tlie United Kingdom for the term of his natural life. |
| a religious order to | after the commencement of this Act within any part of this United |
| be banished. |
| ma*' bTbanUhed'b̂ | furtlici’ enacted That in case any person sentenced |
| HifMajesty'* | ̂ and Ordered to be banished under the provisions of this Act shall not depart from the United Kingdom within thirty days after the pronouncing of such sentence and order it shallbe lawful for His Majesty to cause such person to be conveyed to such place out of the United Kingdom as His Majesty by the advice of His Privy Council shall direct. |
thrlê inLahf nmy be Jb . And hc it further enacted That if any offender avIio shall
transported for iite. fie SO Sentenced and ordered to fie banished in manner aforesaid shall
after
| 1830. | 10“ GEO. IV. | No. 9. | 183 |
Homan Catholic lie lie f Act Adopted, 10 G. 4 , c. 7.
after the end of three calendar months from the time such sentence and order hath been pronounced be at large within any part of the United Kingdom without some lawful cause every such offender being so at largo as aforesaid on being thereof lawfully convicted shall he transported to such place as shall be appointed by His Majesty for the term of his natural life.
37. Provided always and he it enacted That nothing herein Not to extend to
| contained sliall extend or be construed to extend in any manner to | societies, |
| affetd any religious order community or establishment consisting of females bound hy religious or monastic vows. |
| 38. And he it further enacted That all penalties imposed hy this Act shall and may he recovered as a debt due to His Majesty by | ' |
| information to he filed in the name of Ilis Majesty’s Attorney General for England or for Ireland as the case may be in the Courts of Exchequer in England or Ireland respectively or in the name of Ilis Majesty’s Advocate General in the Court of Exchequer in Scotland. |
3 9 . And be it further enacted That this Act or any part thereof ̂ c t may be altered
| may he rejiealed altered or varied at any time within this present | ' |
| Session of Parliament. |
40. And be it further enacted That this Act shall commence Commenocment of
and take effect at the expiration of ten days from and after th e " ° '
passing thereof.
SCHEDULE TO MHIICH THIS ACT EEEERS.
| Name of the Order | Name and usual |
| Name of | Place | residence of the next | Usual place of |
| Dnto of the | Community or |
| the | Age. | of | immediate Superior of | residence of |
| Registry. | Society whereof he |
| Party. | Birth. | the Order Community | the party. |
| is a member. | or Society. |
ANKO
0
0
0