Religious Disabilities Act, 1846

RELIGIOUS DISABILITIES ACT 1846

CHAPTER LIX.

An Act to relieve Her Majesty’s Subjects from certain Penalties and Disabilities in regard to Religious Opinions. [18th August 1846.]

Certain Acts and parts of Acts repealed.

5 & 6 Edw. 6. c. 1. s. 1. in part.

Proviso.

1 Eliz. c. 1. in part.

2 Eliz. c. 1. (I.) in part.

Proviso.

13 Eliz. c. 2. in part.

Proviso.

[1.] The statutes or ordinances and the several Acts herein-after mentioned, or so much and such parts of any of the said Acts as are herein-after specified, shall be repealed; (that is to say,)

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Also so much of an Act passed in the fifth and sixth years of the reign of King Edward the Sixth, intituled “An Act for the uniformity of service and administration of sacraments throughout the realm,” as enacts, “that from and after the feast of All Saints next coming all and every person and persons inhabiting within this realm, or any other the King’s Majesty’s dominions, shall diligently and faithfully, having no lawful or reasonable excuse to be absent, endeavour themselves to resort to their parish church or chapel accustomed, or, upon reasonable let thereof, to some usual place where common prayer and such service of God shall be used in such time of let, upon every Sunday, and other days ordained and used to be kept as holy days, and then and there to abide orderly and soberly during the time of common prayer, preachings, or other service of God there to be used and ministered, upon pain of punishment by the censures of the church,” so far the same affects persons dissenting from the worship or doctrines of the United Church of England and Ireland, and usually attending some place of worship other than the Established Church: Provided always, that no pecuniary penalty shall be imposed upon any person by reason of his so absenting himself as aforesaid:

Also so much of an Act passed in the first year of the reign of Queen Elizabeth, intituled “An Act to restore to the crown the ancient jurisdiction over the estate ecclesiastical and spiritual, and abolishing all foreign powers repugnant to the same,” and of an Act of the Parliament of Ireland passed in the second year of the same Queen’s reign, intituled “An Act restoring to the crown the ancient jurisdiction of the state ecclesiastical and spiritual, and abolishing all forreinne power repugnant to the same,” as makes it punishable to affirm, hold, stand with, set forth, maintain, or defend, as therein is mentioned, the authority, pre-eminence, power, or jurisdiction, spiritual or ecclesiastical, of any foreign prince, prelate, person, state, or potentate, theretofore claimed, used, or usurped within this realm, or any dominion or country being within or under the power, dominion, or obeisance of her highness, or to put in use or execute any thing for the extolling, advancement, setting forth, maintenance, or defence of any such pretended or usurped jurisdiction, power, pre-eminence, and authority, or any part thereof, or to abet, aid, procure, or counsel any person so offending: Provided always, and be it declared, that nothing in this enactment contained shall authorize or render it lawful for any person or persons to affirm, hold, stand with, set forth, maintain, or defend any such foreign power, pre-eminence, jurisdiction, or authority, nor shall the same extend further than to the repeal of the particular penalties and punishments therein referred to, but in all other respects the law shall continue the same as if this enactment had not been made: Provided further, that if any person in holy orders according to the rites and ceremonies of the United Church of England and Ireland shall affirm, hold, stand with, set forth, maintain, or defend any such foreign power, preeminence, jurisdiction, or authority, such person shall be incapable of holing any ecclesiastical promotion, and, if in possession of any such promotion, may be deprived thereof, by due course of law, in the same manner as for any other cause of deprivation:

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Also an Act passed in the thirteenth year of the same Queen’s reign, intituled “An Act against the bringing in and putting in execution of bulls, writings, or instruments, and other superstitious things, from the see of Rome,” so far only as the same imposes the penalties or punishments therein mentioned; but it is hereby declared that nothing in this enactment contained shall authorize or render it lawful for any person or persons to import, bring in, or put in execution within this realm any such bulls, writings, or instruments, and that in all respects, save as to the said penalties or punishments, the law shall continue the same as if this enactment had not been made:

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Jews to be subject to the same laws as Protestant dissenters in respect to schools, places of worship, &c.

2. [1] Her Majesty’s subjects professing the Jewish religion, in respect to their schools, places for religious worship, education, and charitable purposes, and the property held therewith, shall be subject to the same laws as her Majesty’s Protestant subjects dissenting from the Church of England are subject to, and not further or otherwise.

[S 3. rep. 38 & 39 Vict. c. 66. (S.L.R.)]

Disturbing religious assemblies.

4. All laws now in force against the wilfully and maliciously or contemptuously disquieting or disturbing any meeting, assembly, or congregation of persons assembled for religious worship, permitted or authorized by any former Act or Acts of Parliament, or the disturbing, molesting, or misusing any preacher, teacher, or person officiating at such meeting, assembly, or congregation, or any person or persons there assembled, shall apply respectively to all meetings, assemblies, or congregations whatsoever of persons lawfully assembled for religious worship, and the preachers, teachers, or persons officiating at such last-mentioned meetings, assemblies, or congregations, and the persons there assembled.

[S. 5 rep. 38 & 39 Vict. c. 66. (S.L.R.)]

[1 Explained, 19 & 20 Vict. c. 86. s. 2.]