Places of Religious Worship Act, 1812

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PLACES OF RELIGIOUS WORSHIP ACT 1812

CHAPTER CLV.

An Act to repeal certain Acts and amend other Acts relating to Religious Workship and Assemblies, and Persons teaching or preaching therein.[¹] [29th July 1812.]

14 Cha. 2. c. 1.

17 Cha. 2. c. 2.

22 Cha. 2. c. 1. repealed.

Whereas it is expedient that certain Acts of Parliament made in the reign of his late Majesty King Charles the Second relating to nonconformists and conventicles, and refusing to take oaths, should be repealed, and that the laws relating to certain congregations and assemblies for religious worship, and persons teaching, preaching, or officiating therein, and resorting thereto, should be amended: Be it therefore 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 from and after the passing of this Act an Act of Parliament made in the session of Parliament held in the thirteenth and fourteenth years of his late majesty King Charles the Second, intituled “An Act for preventing the mischiefs and dangers that my arise by certain persons called Quakers and others refusing to take lawful oaths,” and another Act Parliament made in the seventeenth year of the reign of his late Majesty King Charles the Second, intituled “An Act for restraining nonconformists from inhabiting in corporations,” and another Act of Parliament made in the twenty-second year of the reign of the late King Charles the Second, intituled “An Act to prevent and suppress seditious conventicles,” shall be and the same are hereby repealed. [Rep. 36 & 37 Vict. c. 91. (S.L.R.)]

All places of religious worship of protestants to be certified and registered.

2. And . . . from and after the passing of this Act no congregation or assembly for religious worship of protestants (at which there shall be present more than twenty persons besides the immediate family and servants of the person in whose house or upon whose premises such meeting, congregation, or assembly shall be had) shall be permitted or allowed, unless and until the place of such meeting, if the same shall not have been duly certified and registered under any former Act or Acts of Parliament relating to registering places of religious worship, shall have been or shall be certified to the bishop of the diocese, or to the archdeacon of the archdeaconry, or to the justices of the peace at the general or quarter sessions of the peace for the county, riding, division, city, town, or place in which such meeting shall be held; and all places of meeting which shall be so certified to the bishop’s or archdeacon’s court shall be returned by such court once in each year to the quarter sessions of the county, riding, division, city, town, or place; and all places of meeting which shall be so certified to the quarter sessions of the peace shall be also returned once in each year to the bishop or archdeacon; and all such places shall be registered in the said bishop’s or archdeacon’s court respectively, and recorded at the said general or quarter sessions, the registrar or clerk of the peace whereof respectively is hereby required to register and record the same; and the bishop or registrar or clerk of the peace to whom any such place of meeting shall be certified under this Act shall give a certificate thereof to such person or persons as shall request or demand the same, for which there shall be no greater fee nor reward taken than two shillings and sixpence; and every person who shall knowingly permit or suffer any such congregation or assembly as aforesaid to meet in any place occupied by him until the same shall have been so certified as aforesaid shall forfeit for every time any such congregation or assembly shall meet contrary to the provisions of this Act a sum not exceeding twenty pounds nor less than twenty shillings, at the discretion of the justices who shall convict for such offence.

Penalty on persons teaching or preaching without consent of occupiers.

3. Provided always, . . . that every person who shall teach or preach in any congregation or assembly as aforesaid in any place, without the consent of the occupier thereof, shall forfeit for every such offence any sum not exceeding thirty pounds nor less than forty shillings, at the discretion of the justices who shall convict for such offence.

Preachers in and persons resorting to religious assemblies certified under this Act, &c., shall be exempt from same penalties as persons taking oaths under 1 will. & Mar. c. 18.

4. And . . . from and after the passing of this Act every person who shall teach or preach at or officiate in or shall resort to any congregation or congregations, assembly or assemblies, for religious worship of protestants, whose place of meeting shall be duly certified according to the provisions of this Act or any other Act or Acts of Parliament relating to the certifying and registering of places of religious worship, shall be exempt from all such pains and penalties under any Act or Acts of Parliament relating to religious worship as any person who shall have taken the oaths and made the declaration prescribed by or mentioned in 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 England from the penalties of certain laws,” or any Act amending the said Act, is by law exempt, as fully and effectually as if all such pains and penalities, and the several Acts enforcing the same, were recited in this Act, and such exemptions as aforesaid were severally and separately enacted in relation thereto.

Oaths and declaration to be taken by all preachers, &c. when thereto required by a magistrate.

19 Geo, 3. c. 44.

5. Provided always, . . . that every person, not having taken the oaths and subscribed the declaration herein-after specified, who shall preach or teach at any place of religious worship certified in pursuance of the directions of this Act shall, when thereto required by any one justice of the peace, by any writing under his hand or signed by him, take and make and subscribe in the presence of such justice of the peace the oaths and declaration specified and contained in an Act passed in the nineteenth year of the reign of his Majesty King George the Third, intituled “An Act for the further relief of protestant dissenting ministers and schoolmasters”; and no such person who, upon being so required to take such oaths and make such declaration as aforesaid, shall refuse to attend the justice requiring the same, or to take and make and subscribe such oaths and declaraion as aforesaid, shall be thereafter permitted or allowed to teach or preach in any such congregation or assembly for religious worship, until he shall have taken such oaths and made such declaration as aforesaid, on pain of forfeiting for every time he shall so teach or preach any sum not exceeding ten pounds nor less than ten shillings, at the discretion of the justice convicting for such offence.

No person to be required to go more than five miles to take such oaths.

6. Provided always, . . . that no person shall be required by any justice of the peace to go to any greater distance than five miles from his own home, or from the place where he shall be residing at the time of such requisition, for the purpose of taking such oaths as aforesaid.

Any person may require a justice, &c. to administer the oaths, &c. under this Act.

7. And . . . it shall be lawful for any of his Majesty’s protestant subjects to appear before any one justice of the peace, and to produce to such justice of the peace a printed or written copy of the said oaths and declaration, and to require such justice to administer such oaths and to tender such declaration to be made, taken, and subscribed by such person; and thereupon it shall be lawful for such justice and he is hereby authorized and required to administer such oaths and to tender such declaration to the person requiring to take and make and subscribe the same; and such person shall take and make and subscribe such oaths and declaration in the presence of such justice accordingly; and such justice shall attest the same to be sworn before him, and shall transmit or deliver the same to the clerk of the peace for the county, riding, division, city, town, or place, for which he shall act as such justice of the peace, before or at the next general or quarter sessions of the peace for such county, riding, division, city, town, or place.

Justices shall give the parties a certificate of having taken such oath, &c.

Fee 2s, 6d.

Certificate conclusive evidence.

8. And . . . every justice of the peace before whom any person shall make and take and subscribe such oaths and declaration as aforesaid shall forthwith give to the person having taken, made, and subscribed such oaths and declaration a certificate thereof under the hand of such justice in the form following; (that is to say,)

‘I A.B., one of his Majesty’s justices of the peace for the county [riding, division, city, or town, or place, as the case may be,] of          do hereby certify, that C.D. of, &c. describing the christian and surname, and place of abode of the party] did this day appear before me, and did make and take and subscribe the several oaths and declaration specified in an Act made in the fifty-second year of the reign of King George the Third, intituled [set forth the title of this Act]. Witness my hand this          day of          one thousand eight hundred and         .’

And for the making and signing of which certificate, where the said oaths and declaration are taken and made on the requisition of the party taking and making the same, such justice shall be entitled to demand and have a fee of two shillings and sixpence, and no more; and such certificate shall be conclusive evidence that the party named therein has made and taken the oaths and subscribed the declaration in manner required by this Act.

Teachers having taken the oaths, &c. exempt from offices specified in 1 Will. & Mar. c. 18. and from service in the militia.

9. And . . . every person who shall teach or preach in any such congregation or assembly, or congregations or assemblies as aforesaid, who shall employ himself solely in the duties of a teacher or preacher, and not follow or engage in any trade or business, or other profession, occupation, or employment for his livelihood, except that of a schoolmaster, and who shall produce a certificate of some justice of the peace of his having taken and made and subscribed the oaths and declaration aforesaid, shall be exempt from the civil services and offices specified in the said recited Act passed in the first year of King William and Queen Mary, and from being ballotted to serve and from serving in the militia or local militia of any county town, parish, or place in any part of the United Kingdom.

Penalty for producing false certificate.

10. And . . . every person who shall produce any false or untrue certificate or paper as and for a true certificate of his having made and taken the oaths and subscribed the declarations by this Act required for the purpose of claiming any exemption from civil or military duties as aforesaid, under the provisions of this or any other Act or Acts of Parliament, shall forfeit for every such offence the sum of fifty pounds; which penalty may be recovered by and to the use of any person who will sue for the same by any action of debt, bill, plaint, or information in any of his Majesty’s courts of record at Westminster, . . . . . . . . or the courts of the counties palatine of Lancaster, and Durham (as the case shall require), wherein no essoign, privilege, protection, or wager of law, or more than one imparlance shall be allowed.

Doors of religious assemblies not to be bolted or barred.

11. And . . . no meeting, assembly, or congregation of persons for religious worship shall be had in any place with the door locked, bolted, or barred, or otherwise fastened, so as to prevent any persons entering therein during the time of any such meeting, assembly, or congregation; and the person teaching or preaching at such meeting, assembly, or congregation shall forfeit, for every time any such meeting, assembly, or congregation shall be held with the door locked, bolted, barred, or otherwise fastened as aforesaid, any sum not exceeding twenty pounds nor less than forty shillings, at the discretion of the justices convicting for such offence.

Penalty for disturbing religious assemblies.

12. And . . . if any person or persons at any time after the passing of this Act do and shall wilfully and maliciously or contemptously disquiet or disturb any meeting, assembly, or congregation of persons assembled for religious worship, permitted or authorised by this Act or any former Act or Acts of Parliament, or shall in any way disturb, molest, or misuse any preacher, teacher, or person officiating at such meeting, assembly, or congregation, or any person or persons there assembled, such person or persons so offending, upon proof thereof before any justice of the peace by two or more credible witnesses, shall find two sureties, to be bound by recognizances in the penal sum of fifty pounds to answer for such offence, and in default of such sureties shall be committed to prison, there to remain till the next general or quarter sessions, and upon conviction of the said offence at the said general or quarter sessions shall suffer the pain and penalty of forty pounds.

Saving as to the services and ecclesiastical jurisdiction of the church.

13. Provided always, . . . that nothing in this Act contained shall affect or be construed to affect the celebration of divine service according to the rites and ceremonies of the United Church of England and Ireland by ministers of the said church, in any place hitherto used for such purpose, or being now or hereafter duly consecrated or licensed by any archbishop or bishop or other person lawfully authorized to consecrate or license the same, or to affect the jurisdiction of the archbishops or bishops or other persons exercising lawful authority in the church of the United Kingdom over the said church, according to the rules and discipline of the same and to the laws and statutes of the realm; but such jurisdiction shall remain and continue as if this Act had not passed.

The Act not to extend to Quakers.

14. Provided also, . . . that nothing in this Act contained shall extend or be construed to extend to the people usually called Quakers, nor to any meetings or assemblies for religious worship held or convened by such persons, or in any manner to alter or repeal or affect any Act, other than and except the Acts passed in the reign of King Charles the Second herein-before repealed, relating to the people called Quakers, or relating to any assemblies or meetings for religious worship held by them.

Offenders to be convicted before two or more justices.

Forfeitures to be levied by distress.

15. And . . . every person guilty of any offence for which any pecuniary penalty or forfeiture is imposed by this Act in respect of which no special provision is made, shall and may be convicted thereof by information upon the oath of any one or more credible witness or witnesses before any two or more justices of the peace acting in and for the county, riding, city, or place wherein such offence shall be committed; and          all and every the pecuniary penalties or forfeitures which shall be incurred or become payable for any offence or offences against this Act shall and may be levied by distress under the hand and seal or hands and seals of two justices of the peace for the county, riding, city, or place in which any such offence or offences was or were committed, or where the forfeiture or forfeitures was or were incurred, and shall, when levied, be paid, one moiety to the informer, and the other moiety to the poor of the parish in which the offence was committed; . . . . . . . . .

Appeal from conviction to general quarter sessions.

16. And . . . in case any person or persons who shall hereafter be convicted of any of the offences punishable by this Act shall conceive him, her, or themselves to be aggrieved by such conviction, then and in every such case it shall and may be lawful for such person or persons respectively, and he, she, or they shall or may appeal to the general or quarter sessions of the peace . . . . . . . . ; and the said justices in their said general or quarter sessions shall and may and they are hereby authorised and empowered to proceed to the hearing and determination of the matter of such appeal, and to make such order therein, and to award such costs to be paid by and to either party, not exceeding forty shillings, as they in their discretion shall think fit.

Penalties to be sued for within six months.

17. And . . . no penalty or forfeiture shall be recoverable under this Act unless the same shall be sued for or the offence in respect of which the same is imposed is prosecuted before the justices of the peace or quarter sessions within six months after the offence shall have been committed; and no person who shall suffer any imprisonment for non-payment of any penalty shall thereafter be liable to the payment of such penalty or forefeiture.

Limitation of actions, &c.

18. And . . . if any action or suit shall be brought or commenced against any person or persons for anything done in pursuance of this Act, . every such action or suit shall be commenced within three months next after the fact committed, and not afterwards, and shall be laid and brought in the county wherein the cause or alleged cause of action shall have accrued, and not elsewhere; and the defendant or defendants in such action or suit may plead the general issue, and give this Act and the special matter in evidence, on any trial to be had thereupon, and that the same was done in pursuance and by authority of this Act; and if it shall appear so to be done or if any such action or suit shall be brought after the time so limited for bringing the same, or shall be brought in any other county, city, or place, that then and in such case the jury shall find for such defendant or defendants; and upon such verdict, or if the plaintiff or plaintiffs shall become nonsuited, or discontinue, his, her, or their action or actions, or if a verdict shall pass against the plaintiff or plaintiffs, or if upon demurrer judgement shall be given against the plaintiff or plaintiffs, the defendant or defendants shall have and may recover treble costs, and have the like remedy for the same as any defendant or defendants hath or have for costs of suit in other cases by law. [Rep. 5 & 6 Vict. c. 97. s. 2]

[S. 19 rep. 50 & 51 Vict. c. 59. (S.L.R)]

[¹ Rep. 34 & 35 Vict. c. 48., as to so much as relates to any oaths or to any declaration other than the declaration set forth in the part of 19 Geo. 3. c. 44. not repealed by that Act.]