Page:Ruffhead - The Statutes at Large - vol 3.djvu/444

 396 Stat, 2. Anno tricelima Carol 1 II. A. D. 1677. Either Houfe of VII. And be it further cnaL^ccd by the Authority aforefaid, That from the faid firfl Day of December it rariisment may ^,^]i ^^^ ^„y j,£ lawful to and for the Houfe of Peers and Houfe of Commons, or either of them refpec- the^r Members lively, as often as they or eiiher of them fliall fee Occafion, either in this prefent Parliament, or any other tofwear^and'. hereafter to be holden, to order and caufe all or any of the Members of their refpefiive Houfes of Parjia- fubicribe as ment, openly in their refpedive Houfes of Parliament, to take the faid Oaths, and to make and fubfcribe »foiefaul. the faid Declaration, at fuch Times, and in fuch Manner, as they fhall appoint. (2) And if any Peer fhall, contrary to fuch Order made by their faid Houfe, wilfully prefume to fit therein, without taking the faid Oaths, and fubfcribing the faid Declaration, according to the_ faid Order, every fuch Peer or Member of the Houfe of Peers, fo prefuming to fit, (hall be adjudged,^ and is hereby declared, to be uncapable and difabled in Law to all Intents and Purpoles whatfoever, to fit in the faid Houfe of Peers, and give any Voice therein, either by Proxy or otherwife howfoever, during that Parliament : C3J And if any Member or Members of the Houie of Commons ihall, contrary to fuch Order made by their Houfe, wilfully pre- fume to fit therein, witliout taking the faid Oaths, and making and fubfcribing the faid Declaration, every fuch Member or Members of the Houfe of Commons, fo prefuming to fit, fhall b? adjudged and is hereby declared to be uncapable and difabled in Law to all Intents and Purpofes whatfoever to fit in the faid Houfe of Commons, or give any Voice therein during tliat Parliament. ThePliccs of VIII. And be it enafted. That in every Cafe where any Member, or Members of the Houfe of Com- ,T .^ > „ mons tnall l-iouk of Colli mons difabled to 'uGn f^aie, vote, fliall be Place or 1 void, and Writs or Writs fliall iflug out of the High Court of Chancery by Warrant or Warrants frorn the Speaker of the iffuecutfornew j-jgufe of Commons for the Time being, and by Order of the faid Houfe, for the Eleftion of a new R'lem- Eleftioiis. j^g^ or Members to ferve in the Houfe of Commons, in the Place or Places of fuch Member or Members fo difabled, to all Intents and Purpofes, as if fuch Member or Members were naturally dead. The King's and,, IX. And be it further enafted by the Authority aforefaid, That from and after the firft Day of December Queen's Svvcrn]'one thoufand fix hundred feventy and eight, every Perfon then being, and who after that Time fliall be, a Servant^! flir.il ;Svorn Servant t,o.th,e King's or Qiieen's A^ajefly, not having before that Time duly taken the Oaths, and fwear =* ?'*°'^" . made and fubfcribed the Declaration contained in an Aft, intituled, Jn A£i for preventing Datio^ers ivhich mpy tno>'^ T^cKr. ^r^o- faid, and make faid Declaration.. pr'elTedi^ in his Majefly's High Court of Chancery, in the Manner aforefaid, either in the next Term after Repealed by ' in cafe of lawful Impediment' by Sicknefs, proved upon Oath, and allowed to be fuch under the Hand of 2, Geo. a. c. 31. jVjg Lord Chancellor or.Lord Keeper for the Time being, then in the next Term after fuch Impediment re- ^ moved ; (z) and if any fuch Perfon ftiall refufe or negleft to do the fame, and yet after fuch Refufal or Negleflr flial! advifedly come into or remain in the Prefence of the King's or Queen's Majefty, or fhall come into the Court or Houfe where they or any of them refide, as well during the Reign of his prefent IVla- jefty, as during the Reigns of his and their Royal SuccelTors, Kings or Queens of England, and every of them, every fuch Perfon fliall be difabled to hold any Place as fuch fworn Servant, and fliall incur and fufFer all the Pains, Penalties, Forfeitures and Difabilities in this A<5t mentioned or contained. A Provifion for X. Provided, That nothing in this Aft fliall relate to or have any Effect upon any Perfon being a natural- the Qjieen to born SubjecS of the King of Portugal, who now is or hereafter fliall be a fworn Servant to the Queen's Ma- p^"'^(h'l^'^'^"i -'"^^y' "°'- exceeding nine in Number at any one Time : (2) Nor to fuch Women Servants as her Majefty opi eran s. ^j^^jj y^^jg^ j^g^ Hand and Seal from Time toTime for thafPurpofe be pleafed toxiominate, the faid Women Servants fo nominated not exceeding the Number of nine at any one Time. XI. And be it enacted. That during the Time of taking of the faid Oaths, and m.aking and fubfcribing the faid Declaration, all other Matters and Pioceedings, as well in the faid Houfes of Parliament, as in the faid Court, fliall ceafe ; {z) and the faid Oaths, Dechration and Subfcription, together with a Schedule of the Names of the Perfons who fliall by Virtue of this A£t take and fubfcribe the fame, fliall be made, entred and filed in Parchment-Rolls from Time to Time, duly provided for thatPurpofe by the Clerk of the Ploufe of Lords, and the Clerk of the Houfe of Commons, and by the Clerk of the Petty Bag in Chancery, for the feveral and refpe£tive Ufes as aforefaid ; (3) and none of the Peers or Members fhall give or pay any Fee or Reward to any fuch Clerk, above the Sum of Twelve-pence for the Entry of his taking the faid Oaths, and making and fubfcribing the faid Declaration : (4) All which Rolls refpeftively the faid Clerks are hereby required from Time to Time, without any Fee or Reward, to fliev/ to any Per- fon defiring to look upon the fame : (5) And the faid Floufe of Peers, and Houfe of Commons, and Court of Chancery are hereby feverally impowered and required in the firfl: Place, all other Bufinefs laid afide, to r.dminifter the faid Oaths, Declaration and Subfcription refpecftively, as Occafion fhall be from Time to Time, to all and every the Perfon and Perfons aforefaid, duly demanding the fame, according to the Di- rections, Purport and Meaning of this prefent A£t. Such as have XII. Provided always. That this AcTt, nor any Thing herein contained, fliall extend to the Prejudice of Licence froiT) fix ^^^ Perfon for coming into or remaining in the Prefence of the King or Queen's Majefty, who fliall firft lo'ts'^'mav^coTiie 1''^^^ Licence fo to do by any Warrant under the Hands and Seals of fix or more Privy Councillors, by into' the King's Order of his Majefty's Privy Council, upon fome urgent Occafion therein to be expreffed, fo as fuch Li- or Queen's Pre- cence exceed not the Space of ten Days, and that the faid Licence be firft filed and put upon Record in fence, notwith- (j^g Office of the Petty Bag in Chancery, for any Body to view without Fee or Reward, and no Perfon be flandingthisAa. jj^-gpced for above the Number of thirty Days in any one Year. Offenders againfl XIII. Provided neverthelefs. That if any Offender contrary to this A£t fliall at any Time after fuch Of- ftiif Aa that fence take thefaid Oaths, aad make and fubfcribe the faid Declaration, in his Majefty's High Court of Chan- ftiaii take the ccry, and in the Manner aforefaid, every fuch Perfon fliall be from thenceforth freed and di (charged of and from faid Oaths, 6tc. g]] Seizures, Penalties and Lofles which he might otherwife fuftain or bear for or by reafon of being a Popifli 3 Recufant
 * i;Car. 2. c. 2. the faid firft Day of December, or in the next Term after any fuch Perfon fliall be fo fworn a Servant; or