W HEREAS many of the People of the Church, Preamble. or Congregations called Unitas Fratrum, or United Brethren, are settled in His Majesty's Colonies in America, and demean themselves there as a sober, quiet, and industrious People; and many others of the same Persuasion are desirous to transport themselves to, and make larger Settlements in the said Colonies at their own Expence, provided they may be indulged with a full Liberty of Conscience, and in the Exercise of the Religion they profess; and several of the said Brethren do conscientiously scruple the taking of an Oath, and likewise do conscientiously scruple bearing Arms, or personally serving in any military Capacity, although they are willing and ready to con­tribute whatever Sums of Money shall be thought a reasonable Com­pensation for such Service, and which shall be necessary for the De­fence and Support of His Majesty's Person and Government: And whereas the said Congregations are an antient Protestant Episcopal Church, which has been countenanced and relieved by the Kings of England, Your Majesty's Predecessors: And whereas the Encouraging the said People to settle in America will be beneficial to the said Colonies; therefore may it please Your Majesty, at the humble Peti­tion of Abraham Baron of Gersdorff, Lewis Baron of Schrautenbach free Lord of Lindheim, David Nitschmann Syndic, Charles Sehachmann Baron of Hermsdorff, and Henry Cossart Agent, Deputies from the said Moravian Churches, Those Bre­thren who scruple the taking of an Oath, al­lowed to make a so­lemn Affirma­tion in lien thereof. in Behalf of themselves and their United Brethren, that it may be enacted.

And be it therefore enacted by the King's most Excellent Majesty, by, and with the Notice, 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 Twenty fourth Day of June, One thousand seven hundred and forty [Page 36] nine, every Person being a Member of the said Protestant Episcopal Church, known by the Name of Unitas Fratrum, or the United Brethren, and which Church was formerly settled in Moravia and Bohemia, and are now in Prussia, Poland, Silesia, Lusatia, Germany, the United Provinces, and also in His Majesty's Dominions, who shall be required upon any lawful Occasion to take an Oath in any Case where by Law an Oath is or shall be required, shall, instead of the usual Form, be permitted to make his or her solemn Affirma­tion or Declaration in these Words following:

I A. B. Form of Affirmation do declare in the Presence of Almighty God, the Witness of the Truth of what I say.

Which said solemn Affirmation or Declaration shall be adjudged and taken, To be of the same Effect as an Oath. and is hereby enacted and declared to be of the same Force and Effect, to all Intents and Purposes, in all Courts of Justice, and other Places where by Law an Oath is or shall be required within the Kingdoms of Great Britain and Ireland, and also in all and every of His Majesty's Colonies and Dominions in America, as if such Person had taken an Oath in the usual Form.

And be it further enacted by the Authority aforesaid, That any Person making such solemn Affirmation or Declaration, Penalty of false Affirming who shall be lawfully convicted, wilfully, falsely, and corruptly to have affirmed or declared any Matter or Thing, which, if the same had been deposed on Oath in the usual Form, would have amounted to wilful and corrupt Perjury, every such Person so offending shall incur the same Pains and Penalties, as by the Law and Statutes of this Realm are enacted against Persons convicted of wilful and corrupt Perjury.

Provided, Such Brethren not qualified to give Evi­dence in Cri­minal Causes or to serve on Juries. And be it enacted, That no Person being of the said Church or Congregation called the Moravian or United Brethren, shall by Virtue of this Act be qualified to give Evidence in any Criminal Causes, or to serve on Juries; any thing contained in this Act to the contrary notwithstanding.

And be it further enacted, That every Person who is a Member of the said Church or Congregation, who shall reside in any of His Majesty's Colonies in America, The Brethren summon'd to do any mili­tary Service to be dis­charged, who shall at any Time after the said Twenty fourth Day of June, One thousand seven hundred and forty nine, be summoned to bear Arms, or do military Sevice, in any of His Majesty's said Colonies or Provinces of America, shall on his Application to the Governour or Commander in Chief of the said Colony or Province, or to such Officer or Person, by whom such Person shall have been summoned or required to serve, or be mustered, be discharged from such Personal Service; Pro­vided that such Person, upon pay­ment of the Rate assessed; so desiring to be Discharged from such Personal Service, contribute and pay such Sum of Money as shall be rated and assessed on him in lieu of such Personal Service, so as such Sum shall be rated, assessed, and levied, and be in such Proportion, as is usually rated, assessed, levied, and paid, by other Persons residing in the same Colony or Province, who are by reason of Age, Sex, or other Infirmity unable to do Personal Service, and who are possessed of Estates of the same Nature as the Persons desiring such Discharge.

[Page 37] And to prevent any Doubt which may arise, whether any Person, pretending or claiming to be a Member of such Church or Congregation, is actually a Member thereof,

Be it further enacted by the Authority aforesaid, and produ­cing a Certifi­cate of the Bishop or Pastor, that they are Members of the said Church. That all and every Person or Persons whatsoever, who shall, as a Member or Members of such Church or Congregation, claim the Benefit of this Act, or of any Matter or Thing herein contained, shall, at the Time when he or they make such Claim, produce a Certificate signed by some Bishop of the said Church, or by the Pastor of such Church or Congregation who shall be nearest to the Place where such Claim is made; and shall be examined concerning the Matters contained in the said Certificate, and the due Execution thereof; and such Person so affirming to the best of his Knowledge and Belief in Manner herein before-mentioned, or proving by the Testimo­ny of other legal Witnesses, that the said Certificate was duly executed by such Bishop or Pastor; and also Affirming, that he is actually a Member of the said Church, known by the Name of Unitas Fra­trum, or United Brethren, shall be adjudged, deemed, and taken to be actually a Member of the said Church or Congregation, and as such shall be intitled to the Benefit of this Act.

And be it further enacted, That any Person who shall be lawfully convicted of having wilfully, falsely, and corruptly affirmed or declared in Manner aforesaid, Penalty of false Affirm­ing in any of the Matters aforesaid. that such Certificate was duly executed, or that he is a Member of such Church, when, in Fact, such Affirmation is untrue, such Person so falsely Affirming, and being duly convicted thereof, shall incur the same Pains and Penalties, as by the Law and Statutes of this Realm are enacted against Persons convicted of wilful and corrupt Perjury.

And that it may be known whether such Bishops and Pastors, so signing such Certificates, be of the Church known by the Name of Unitas Fra­trum, or United Brethren, within the Meaning of this Act,

Be it further enacted, That the Advocate of the said Church or Congregation of the United Brethren for the time being, shall lay, or cause to be laid before The Commissioners for Trade and Plantations, The Advocate to lay before The Commis­sioners for Trade and Plantations Lifts of the Bishops ap­pointed to grant Certi­ficates, together with their Hand­writing, &c. in order that the same may remain in their Office, a List or Lists of all the Bishops of the said Church of the United Brethren, who are appointed by them to grant Certificates, as aforesaid, together with their Hand-writing, and usual Seal; and that, from time to time, the said Advocate shall send to the said Commissioners for Trade and Plantations the Names, Hand-writing, and Seals of any Bishops, that shall be hereafter consecrated and appointed by them, as aforesaid, and the Names of such Pastors as shall be authorized by the said Advocate or Bishops to give Certificates in any of His Majesty's Colonies in America.

And be it enacted and declared, by the Authority aforesaid. That this Act shall be deemed, adjudged, and taken to be a Public Act; and shall be judicially taken Notice of as such by all Judges, Justices, Declar'd to be a Publick Act. and other Persons whatsoever, without specially pleading the same.

W HEREAS divers Acts of Parliament have been made for the Encouragement of His Majesty's Subjects, Preamble. to carry on and improve the Whale Fishery, and that the Enlargement of the said Fishery will be of great Advantage to the Trade and Navigation of this Kingdom:

For the further Encouragement to carry on the said Trade,

Be it Enacted by the King's Most Excellent Majesty, by and with the Advice, Act 5 Geo. II. and Consent of the Lord's Spiritual, and Temporal, and Commons, in this present Parliament assembled, and by the Authority of the same, That an Act made in the Fifth Year of His present Majesty's Reign, intituled, An Act for encoura­ging the Greenland Fishery; Act 13 Geo. II. which was to be in Force for Nine Years, from the Twenty fifth Day of December, One thousand seven hundred and thirty one; and which Act was, by an Act of Par­liament made in the Thirteenth Year of His present Majesty's Reign, intituled, An Act for continuing the several Laws therein mentioned, relating to the Praemiums upon the Importation of Masts, Yards, and Bowsprits, Tar, Pitch, and Turpentine; to British made Sail Cloth, and the Duties payable on Forein Sail Cloth; to the Greenland and to the Whale Fishery; and for granting a further Bounty for all Ships employed in the Whale Fishery during the present War; for exempting Harpooners and others employed in the Greenland Fishery Trade from being impressed, further con­tinued unto 25 December, 1757. and for giving further Time for the Payment of Duties omitted to be paid for the Indentures and Con­tracts of Clerks and Apprentices, continued unto the Twenty fifth Day of December, One thousand seven hundred and fifty, and from thence to the End of the then next Session of Parliament, shall be, and the same is hereby further continued from the Time in the said last-mentioned Act mentioned, and therein limited for the Expi­ration thereof, unto the Twenty fifth Day of December, which shall be in the Year One thousand seven hundred and fifty seven, and from thence to the End of the then next Session of Parliament.

And be it further Enacted by the Authority aforesaid, That an Act made in the Sixth Year of His present Majesty's Reign, intituled, An Act for the further Encouragement of the Whale Fishery carried on by His Majesty's British Subjects; Act 6 Geo II. further continued to 25 December, 1757. which was to be in Force during the Continuance of the last mentioned Act of the Fifth of His Ma­jesty's Reign, intituled, An Act for encouraging the Greenland Fishery; and which was, by the said Act of the Thirteenth Year of His present Majesty, continued unto the said Twenty fifth Day of Decem­ber, [Page 39] One thousand seven hundred and fifty, and from thence to the End of the then next Session of Parliament, shall be, and the same is hereby continued, from the Time therein limited for the Expiration thereof, unto the said Twenty fifth Day of December, One thousand seven hundred and fifty seven, and from thence to the End of the then next Session of Parliament.

And be it further Enacted by the Authority aforesaid, Commissioners of the Customs upon Certifi­cate, &c. from the Collector, to pay the se­cond 20s. Tonnage Bounties granted by Parliament. That over and above the Allowance of Twenty Shillings a Ton, according to the Admeasurement of the Ship by the said last-mentioned Act directed to be paid, it shall and may be lawful for the respective Commissioners of the Customs in Great Britain, from the Twenty ninth Day of September, One thousand seven hundred and forty nine, and until the said Twenty fifth Day of December, One thousand seven hundred and fifty seven, and from thence to the End of the then next Session of Parliament, (upon having such Schedule, Cer­tificate, Licence, and Oath transmitted to them by the Collector and Comptroller of the Port from whence such Ship shall depart, as by the said last-mentioned Act is directed, and upon such Commissioners being satisfied of the faithful Dealings of the Master and other Persons employed in such Ship, with respect to such Voyage and Fishery) on Demand, to cause Payment to be made to the Master or Owners, or to his or their Assigns, by the Receiver General of the Customs in that Part of Great Britain from whence such Ship shall depart, of the Sum of Twenty Shillings a Ton, according to the Admea­surement of the Ship, over and above the Sum of Twenty Shillings a Ton, by the last-mentioned Act granted for the Encouragement of the Whale Fishery in the Greenland Seas, or Davis's Streigths, and the adjacent Seas, carried on by His Majesty's British Subjects, Act 6 Geo [...] in such Manner, and at such Time or Times, as the said Allowance of Twenty Shillings a Ton by the said last-mentioned Act, made in the Sixth Year of His present Majesty's Reign, intituled, An Act for the further Encouragement of the Whale Fishery carried on by His Majesty's British Subjects, is directed to be paid.

And whereas the Dispatch of Ships to the Greenland Seas, Davis's Streights, and Seas adjacent, on the Whale Fishery, must of Necessity be within the Months of March or April, and some British Ships for the Sake of keeping the Men that have been taught the Art of the said Fishery in Employ, and to prevent their going into Forein Service, may have been fitted out from the River of Thames, or other Parts of His Majesty's British Dominions, and proceeded on the said Whale Fishery to the Greenland Seas, or Davis's Streights, and Seas adjacent, since the Commencemeet of this Session of Parliament; and it will therefore be but just and reasonable, that the Bounties intended to be given on the Re­turn of Ships hereafter to be fitted out on such Voyage, should be given also to the Owners of such Ships already sailed upon such Voyage, and not yet returned,

Be it therefore enacted by the Authority aforesaid, Ships that have already sailed on the Voyage and Fshery inti­tled to the said Bounty. That every Owner or Owners of any Ship or Ships already sailed on the said Voyage and Fishery respectively, who have conformed themselves in all Respects to the Rules and Directions prescribed by the said last­mentioned Act of the Sixth Year of His present Majesty, such Owner and Owners shall, and they are hereby declared to be intitled to, and the Receiver General of the Customs, in that Part of Great Britain whence the Ship departed, is hereby impowred and required to pay the said respective Sums of Twenty Shillings, and Twenty Shillings per Ton, accord­ing to the Admeasurement of such Ship or Ships respectively.

[Page 40] And be it further Enacted by the Authority aforesaid, That from and after the said Twenty ninth Day of September, One thousand seven hundred and forty nine, Vessels built or fitted out in America, conforming to the Rules of this Act, to be licensed to proceed on the Whale Fishery. every Ship built or fitted out in any of His Majesty's Dominions in America, of Two hundred Tons and upwards, and not being more than Two Years old from the first building thereof, that proceeds from any Port in His Majesty's American Dominions on the said Whale Fishery, manned and navigated as by the Laws now in Force is directed, which shall, before she proceed on such Voyage, be visited by the proper Officer or Officers of the Customs belonging to such Port, who shall take an Account of the Tonnage thereof, in such Manner as is directed by the said last-mentioned Act concerning British Ships who should be intitled to the Benefits of the said Act, and shall certify such his, or their Visitation, Exa­mination, and Admeasurement, to the Governor or Commander in Chief of the Place where such Ship shall be fitted out, or to the Naval Officer of such Port; and if it appear by the said Certificate of such Officer or Officers, that she had, at the Time of giving of such Certificate, on Board such a Number of Men, Provisions, Boats, Fishing Lines, and Instruments to be used in such Fishery, as is required by the said last-mentioned Act of British Ships which should be intitled to the Benefit of the said Act, and that she is a Ship strongly built, and otherwise a Ship proper for such Voyage and Fishery, and had, at the Time of granting the said Certificate, on Board among her Crew such a Number of Harpooners, Steers­men, and Line-managers, who had before been employed in such Voyages (the Names of such Persons to be contained in such Cer­tificate) according to the Directions of the said last-mentioned Act concerning British Ships to be employed in the said Fishery; and if the Owner or Owners, and Master or Chief Officer of such Ship shall, in Writing, at the Foot of such Certificate, make such Oath before the Governor, Commander in Chief, or Naval Officer (who are hereby impowred and required to administer such Oath (as is required by the said last-mentioned Act of the Owner or Owners, and Master or Chief Officer of such British Ship as aforesaid, and likewise that such Ship is not more than Two Years old from the first building thereof; and if the Master shall likewise, after such Certificate had, and Oath made, become bound with such Sureties, in such Penalty and Condition as is mentioned in, and required by the said last­mentioned Act to be given by the Masters of such British Ships as aforesaid, which said Bond is required to be taken by the Governor of Commander in Chief, or Naval Officer of such Place from whence the said Ship is so fitted out; then, and in all such Cases, it shall, and may be lawful for the said Governor or Commander in Chief, or Naval Officer, and they are hereby required to give and grant to the Master and Owners of such Ship full Licence and Authority to proceed on such Voyage as aforesaid.

And be it further Enacted by the Authority aforesaid, On Arrival of such Vessels in Great Britain, the proper Officers to grant Certificates as before di­rected. That on the Arrival of such Ship at the Port in Great Britain, to which the Master and Mate declared on Oath they intended to proceed after their intended Voyage to the Greenland Seas, or to Davis's Streights, or to the Seas adjacent, or on their Arrival at some other Port of Great Britain where they shall unload, the proper Officers of the Customs at such Port shall proceed in such Manner, and make such Schedule, as is directed by the said last-mentioned Act concerning British Ships who were to be intitled to the Benefits [Page 41] of the said Act; and such Schedule, Certificate, Licence, and Oath shall be transmitted to the respective Commissioners of His Majesty's Customs for that Part of Great Britain in which such Ship shall arrive after her said Voyage to the Greenland Seas, or Davis's Streights, or the Seas adjoining; and such Commissioners being satisfied of the faithful Dealings of the Master and other Persons employed in such Ships, and the Boun­ties to be paid. with respect to such Voyage and Fishery, shall, on Demand, cause Payment to be made to the Master or Owners, or to his or their Assigns, by the Receiver General of the Customs of that Part of Great Britain at which the said Ship shall arrive as aforesaid, of the Sum of Twenty Shillings, and Twenty Shillings per Ton, according to the Admeasurement of such Ship duly certified as aforesaid, in like Manner as to the Owners and Masters of British Ships who are intitled to the said Bounties by virtue of the said last-mentioned, or by this Act of Parliament.

And be it Enacted by the Authority aforesaid, That all Ships that shall be fitted out for the Whale Fishery in America, Regulations to be observed by Ships fitted out for the Whale Fi­shery, in or­der to be inti­tled to the Bounty. after having conformed to all the Rules and Regulations of an Act made in the Sixth Year of His present Majesty's Reign intituled, An Act for the further Encouragement of the Whale Fishery, shall sail from such Port where surveyed directly on her intended Fishery, on or before the First Day of May, and shall not depart or leave Davis's Streights or Greenland, and Seas adjacent, before the Twentieth Day of August unless they have such Success as to fill all or so many Casks with Blubber, which shall amount to not less than Two hundred Hogsheads, for a Ship of Three hundred Tons, and so in Proportion for a Ship of Two hundred Tons and up­wards, or should meet with any unavoidable Accident, so as to endanger the Lives of the Ships Crew, which Accident shall be declared on the Oaths of the Master, Mate, Carpenter, Harpooners, Line-managers, Boat-steerers, and Surgeon belonging to such Ship, or such of them as shall be living at the Time of their Arrival in Port, to the Satisfaction of the Commissioners of His Majesty's Customs in the Port of London or Edinburg respectively; and in case of any irregular Proceeding contrary hereunto, every Ship so offending shall lose the Benefit of this Bounty.

And be it further enacted, by the Authority aforesaid, for the Encouragement of such Forein Protestants, Forein Prote­stants serv­ing 3 Years on Board English Ships em­ployed in the Whale Fishe­ry, and quali­fying them­selves, to be deemed Na­tural born Subjects. as shall be willing to serve on Board the Ships which shall be fitted out by His Majesty's Subjects to be employed in the said Fishery, That every Person born out of the Leglance of His Majesty, His Heirs, and Successors, being a Protestant, who shall serve during the Space of Three Years, on Board any Ship which shall be so fitted out, as is directed by the said Act of the Sixth Year of His present Majesty's Reign herein before-mentioned, or by this Act, and which shall be employed in such Fishery as aforesaid, and which Person shall take and subscribe the Oaths, and make, repeat, and subscribe the Declaration appointed by an Act made in the First Year of the Reign of His late Ma­jesty King George the First, intituled, An Act for the further Security of His Majesty's Person and Government, and the Succession of the Crown in the Heirs of the late Princess Sophia, being Protestants, and for extin­guishing the Hopes of the pretended Prince of Wales; which said Oaths shall be taken and subscribed, and Declaration made, repeated, and subscri­bed in the Courts of Chancery, King's Bench, Common Pleas, or Exchequer, [Page 42] in Term Time in England, or in any of them in open Court, or before the Lords of the Council and Session, or the Lords Justiciary, or Barons of the Exchequer in Scotland, or at some General Quarter Sessions of the Peace, to be held for the County where such Person does or shall inhabit, reside, or settle, between the Hours of Nine and Twelve in the Forenoon, the taking and subscribing of which Oaths, and the making and repeat­ing, and subscribing such Declaration, shall be entered on Record in the same Courts, for the doing whereof, only One Shilling shall be paid, every such Person and Persons shall be deemed, adjudged, and taken to be His Majesty's Natural-born Subject and Subjects of this Kingdom, to all Intents, Constructions, and Purposes, as if he and they had been, and were born in this Kingdom.

Provided always, Persons that shall be natu­ralized by this Act, to take the Sacrament in some Pro­testant or Re­formed Church. And be it Enacted by the Authority aforesaid, That no Person shall be naturalized by virtue of this Act, unless such Person shall have received the Sacrament of the Lord's Supper in some Pro­testant or reformed Congregation in His Majesty's Dominions, within Three Months next before his taking such Oaths, and making and sub­scribing such Declaration, and shall, at the Time of his taking such Oaths, and making and subscribing such Declaration, produce a Certi­ficate signed by the Person administering the said Sacrament, and attested by Two credible Witnesses, whereof an Entry shall be made in the Court where such Oaths shall be taken, without any Fee or Reward, and shall also produce a Certificate at the same Time, under the Hands of the Owner and Master of the Ship or Vessel in which he or they shall have so served, of his or their Integrity and good Behaviour during the whole Time of such Service.

Provided always, And be it further enacted, That no Person who shall become a Natural-born Subject of this Kingdom by virtue of this Act, Such Persons are excluded from certain Offices, &c. shall be of the Privy Council, or a Member of either House of Par­liament or capable of taking, having, or enjoying any Office or Place within the Kingdoms of Great Britain or Ireland, either Civil or Military; or taking any Grant to himself, or to any other in Trust for him, of any Lands, Tenements, or Hereditaments, within the Kingdoms of Great Britain or Ireland; any thing herein before before contained to the con­trary thereof in any wise notwithstanding.

Provided also, and it is hereby Enacted by the Authority aforesaid, That nothing in this Act shall extend, or be construed to extend to natu­ralize any Person or Persons whatsoever, None to be naturalized by this Act, who are excluded by who, by virtue of an Act made in the Fourth Year of His Majesty's Reign (intituled, An Act to explain a Clause in an Act made in the Seventh Year of the Reign of Her late Majesty Queen Anne, for naturalizing Forein Protestants, which relates to the Children of Natural-born Subjects of the Crown of England, Act 4 Geo. II. or of Great Britain) are declared and enacted not to be intitled to the Benefit of the said Act of the Seventh Year of Her said late Majesty's Reign, but that all such Persons shall be and remain in the same State, Plight, and Condition, to all Intents, Constructions, and Purposes whatsoever, as they would have done if this Act had never been made; any thing in this Act contained to the contrary in any wise notwithstanding.

Provided always, Persons natu­ralized, going out of His Majesty's Dominions for more than 1 Year, to lose the Benefit And be it enacted, by the Authority aforesaid, That if any Person so naturalized by virtue of this Act, shall go out of His Majesty's Dominions in Great Britain or Ireland, or any of His Majesty's Plantations in America, for more than the Space of Twelve Months, at any one Time, such Person shall lose the Benefit of this Act, to all Intents and Purposes whatsoever.