xlvi
THE DECLARATION OF RIGHTS,
ought, by any law, to be molested in his person or estate an account
of his religious
persuasion or profession, or for his religious practice, unless under colour
of religion any man shall disturb the goof order, peace or safety of the
state, or shall infringe the laws of morality, or injure others in their
natural,
civil, or religious rights; nor ought any person to be compelled to frequent,
or
maintain, or contribute, unless on contract, to maintain any (b) place
of worship,
or any (b) ministry. That it shall not be lawful for the general
assembly
of the state to lay an equal and general tax, or any other tax, on the
people of this
state for the support of any religion (c). But the churches,
chapels, glebes, and
all other property, now belonging to the church of England, ought to remain
to the church of England for ever. And all acts of assembly lately
passed for
collecting monies for building or repairing particular churches, or chapels
of
ease, shall continue in force, and be executed, unless the legislature
shall by act
supersede or repeal the same; but no county court shall assess any quantity
of
tobacco, or sum of money hereafter, on the application of any vestrymen
or
church-wardens; and every incumbent of the church of England, who hath
remained
in his parish, and performed his duty, shall be entitled to receive the
provision and support established by the act, entitled, An act for the
support of
the clergy of the church of England in this province, till the November
court
of this present year, to be held for the county in which his parish shall
lie, or
partly lie, or for such time as he hath remained in his parish and performed
his duty.
34. That every gift, sale, or devise of lands,
to any minister, public teacher,
or preacher of the gospel, as such, or to any religious sect, order or
denomination,
or to or for the support, use or benefit of, or in trust for, any minister,
public teacher, or preacher of the gospel, as such, or any religious sect,
order
or denomination; and every gift or sale of goods or chattels, to go in
succession
or to take place after the death of the seller or donor, to or for such
support,
use or benefit; and also every devise of goods or chattels to, or to or
for
the support, use or benefit of, any minister, public teacher, or preacher
of the
gospel, as such, or any religious sect, order or denomination, without
the leave
of the legislature, shall be void; except always any sale, gift, lease
or devise,
of any quantity of land, not exceeding two acres, for a church, meeting,
or
other house of worship, and for a burying ground, which shall be improved,
enjoyed or used, only for such purpose, or such sale, gift, lease or devise,
shall
be void.
35. That no other test or qualification ought
to be required on admission to
any office of trust or profit, than such oath of support and fidelity to
this state,
and such oath of office, as shall be directed by this convention, or the
legislature
of this state, and a declaration of a belief in the christian religion.
36. That the manner of administering an oath
to any person, ought to be
such as those of the religious persuasion, profession or denomination,
of which
such person is one, generally esteem the most effectual confirmation, by
the attestation
of the Divine Being. And that the people called Quakers, those called
(b) It follows from the alteration
by the act of November 1809, ch. 167, confirmed by 1810,
ch. 24, that the immunity in this part of the article extends to all places
of worship or ministry,
and not to particular places only, as was at first provided.
(c) By the original declaration the legislature
might, in their discretion, lay a general and
equal tax for the support of the christian religion, leaving to each individual
the power of appointing
the payment over of the money collected from him, to the support of any
particular
place of worship, or minister, or for the benefit of the poor of his own
denomination, or the
poor in general of any particular county; which permission or power was
taken away by the act
of November 1809, ch. 167, confirmed by 1810, ch. 24, the substance of
which forms the part
now substituted for the former provision which is omitted.
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