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Archives provinciales du Nouveau-Brunswick

Fort Havoc (Wallace Hale)

Info Le langage employé dans les textes est celui utilisé par Wallace Hale. Les documents dont les Archives provinciales font l’acquisition ne sont pas traduits de la langue dans laquelle ils ont été produits.

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CAP. IV.

An ACT for preserving the Church of England, as by Law established in this Province, and for securing Liberty of Conscience in matters of Religion.

Persons admitted to Parsonages, &c. to be ordained.

 

 
  I.   BE it enacted by the Governor, Council and Assembly, That no person whatsoever shall be capable to be admitted to any Parsonage, or other Ecclesiastical benefice or promotion whatsoever, within the Province of New-Brunswick, before such time as he shall be ordained according to the form and manner by Law established in the said Church of England.

Persons having benefices, &c. to read prayers once in every Month at least, administer Sacraments, &c. under penalty of Five Pounds.

 

 
  II.   And be it further enacted, That every person having any Ecclesiastical benefice or promotion within this Province (not having some lawful impediment, to be allowed and approved of by the Governor or Commander in Chief for the time being) shall once at the least in every Month, upon some Lord's Day, in the Church, Chapel, or place of Public Worship, belonging to his said benefice or promotion, openly and solemnly read the public and common Prayers and service prescribed in and by the Liturgy of the said Church of England, and (if there be ocasion) administer each of the Sacraments, and other rites of the Church, in such order, manner and form, as in and by the said Liturgy is appointed, upon pain to forfeit the sum of Five Pounds to the use of the Poor of the Parish for every offence, upon conviction by indictment or information in any of His Majesty's Courts of Record in this Province.

Persons having benefices, &c. who shall use any other form of Prayers, &c. than those prescribed in the Liturgy, shall be ipso facto disabled to officiate and be deprived of their benefices.

 
  III.   And be it further enacted, That if any person whatsoever, having any Ecclesiastical benefice or promotion within this Province, shall presume, in any Church, Chapel, or other place of Public Worship within this Province, openly to use any other form or order of common Prayers, administration of Sacrament, rites or ceremonies, than what is prescribed and appointed to be used in and by the said Liturgy; every such person so offending and being thereof convicted, upon indictment or information, in the Supreme Court, or in any Court of Oyer and Terminer or Goal Delivery in this Province, shall be ipso facto disabled to officiate in the Church, and deprived of all his Ecclesiastical benefice or promotion, and it shall be thereupon lawful for the Governor, or Commander in Chief for the time being, to collate to the same as if the person so offending as aforesaid were dead.

Dissenters shall have liberty of conscience, may build Meeting-houses, and elect Ministers.
 
  IV.   Provided always, and be it further enacted, That all Dissenters from the Church of England, within this Province, shall have liberty of conscience, and may erect and build Meeting-houses for Public Worship, and may choose and elect Ministers for the decent and orderly celebration of Divine Service, and administration of the Sacraments, according to their several and respective opinions.

No person not duly elected by dissenters, allowed to preach, &c. unless licensed by the Governor or Commander in Chief, nor shall any person be allowed to preach, &c. unless he shall take the oaths of fidelity, &c.

 

Offenders to be fined not exceeding £100, nor less than £50, or imprisoned not exceeding six nor less than three Months.

 

 

 

Conviction must be within six Months.

 

Quakers allowed to worship as accustomed.

 
  V.   Provided nevertheless, and be it further enacted, That no person whatsoever, of what persuasion or denomination soever, unless so chosen and elected, shall be permitted, suffered, or allowed, to preach any Sermon or Lecture, or to officiate in the celebration of Divine Service and administration of the Sacraments, or other rites and ceremonies, in any place of Public Worship within this Province, unless he be first approved and thereunto licensed by the Governor or Commander in Chief for the time being, under his Hand and Seal, and no person whatsoever of what persuasion or denomination soever, shall be permitted, suffered or allowed, to preach any Sermon or Lecture, or to officiate in the celebration of Divine Service and administration of the Sacraments or other rites and ceremonies in any place of Public Worship unless he shall in the presence of the same Governor, or Commander in Chief, or of such person as he shall for that purpose nominate and appoint, take the usual oaths of fidelity and allegiance to his Majesty and his Successors:   And that every person offending herein against the true intent and meaning of this Act, and being thereof convicted upon indictment or information in the Supreme Court, or in any Court of Oyer and Terminer or Goal Delivery in this Province, shall for each offence pay a fine to his Majesty, not exceeding the sum of one hundred pounds, nor less than fifty pounds, to be applied for the public uses of this Province and the support of the Government thereof, or suffer imprisonment for a space not exceeding six months nor less than three months, at the discretion of the Court before which the said offender shall be convicted.   Provided, That no person whatsoever shall, at any time be liable to the penalties mentioned in this Act, or any of them, for any offence or offences hereafter to be done or committed in any of the premises, unless he be thereof convicted as aforesaid, within six months respectively after such offence or offences shall have been committed:  And provided, That the people called Quakers may be allowed the exercise of Public Worship in the manner they are accustomed, any thing in this Act to the contrary notwithstanding.

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26 Geo. III. C. 4.


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