viii.
THE DECLARATION OF RIGHTS.
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 particular
(b) place
of worship, or any particular (b) ministry; yet the legislature
may, in their discretion,
lay a general and equal tax for the support of the christian religion,
leaving to each individual 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 (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 or 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, that such oath or 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
Tunkers, and those called Menonists, holding it unlawful to take an oath
on any occasion, ought to be allowed to make their solemn affirmation in
the
(b) It follows from the alteration
by the acts of 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, or to any one, and
not to particular places only, as was at first provided.
(c) This permission is taken
away by the act of November 1809, ch. 167, confirmed by 1810,
ch. 24, declaring, " that it shall not be lawful for the General Assembly
of this state to lay an
equal and general tax, or any other tax, on the people of this state, for
the support of any religion."
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