Page:Ruffhead - The Statutes at Large - vol 3.djvu/466

 4^^'' C. 8. Anno primo Golielmi & Mamje.- A. D. 1688. All Peffons which fhall he in Office /hall take the Oaths, lie. The Penalty for Negleft. Perfons now in Office negleift- ]ne, the Office to be; void. Ji)cclcfl,5!^ical Perrons now in Benefice, &c. neglefiing, to b=,fuTp;inded, Perfons who are now Ma- imers of Col- leges, &c. jieglefting, how puni/hed. Perfons refufing to take the Oaths upon Tender, to be committed. Second Re- fufal. Third Refufal. Penalty for Re- fufing Decla- ration. 30 Car. 2, ftat. a, c. I. V. Artd be it further enacted by the Authority aforefaid, That all Perfons (other than fuch concerning whom other Provifion fhall be ma3e in this Act, or in any other A6t of this prefent Seflion of Parliament] that fhall hereafter be admitted into any Office or Employment Ecclefjaflical or Civil, or come into any Capacity, in refpeiSl or by reafon whereof they fhould have been obliged by any Statute to take the faij ab- rogated Oaths, or either of them, ihall take the Oaths hereby appointed, in fuch Manner, at fuch Timts, before fuch Perfons, and in fuch Courts and Places, as they tl^ould or ought to have taken the faid former Oaths, or either of thern, in cafe the fame had not been abrogated, as aforefaid. And that every fuch Per- fon, who fhall negle£t or refufe to take the fame, fh dl incur and be liable to the fame Penalties, Foriieitures, Difabilities, and Incapacities, as by any fuc.i Statute was appointed, for or upon Neglefl:, or Refufal to take the faid former Oaths hereby abrogated, or either of them. VI. And be it further enaiSled, That if anv Perfon now having any OiHce or Employment, civil or mi- litary, fhall negleft -or refufe to take the ffajd Oaths hereby appointed to be taken, in fuch Manner as by this A& is directed, before the firft Day oi Augi0 in the Year one thoufand fix hundred eighty-nine, or fooner if required thereunto by any Order from his Majetty in Council, before fuch Perfons as by the faid Order fhall be appointed to take and receive the lame, that in every fuch Cafe the faid Office and Employment of every Peri'bji fo neglefting or reiiiiing, -fhall be void, arid is hereby adjudged void. VII. And be it further enafted by the Authority aforefaid. That if any Archbifliop or Bifhop, or any other Peribn now having any Ecclefiaflical Dignity, Benehce, ©r Promotion, fliall neglect or refufe to take the Oaths by this Adt appointed to be taken, in fuch Manner as by this Act is directed, before the firft y<i.Y ai' Auguft in the Year one thoufand fix hundred eighty-nine, every fuch Perfon and Perfons fo neg- lecting or refufmg, fhall be, and is, and are hereby deelared and adjudged to be, fufpended from the Exe- cution of his or their Office by the Space of nx Months, to be accounted from the faid firft Day cii Augujl: And if the faid Perfon or Perfons (fo having iiegleited or refufad) fhall not within the faid Space of fix Months take the fai 1 Oaths in fuch Manner, Court, or Place, as they ought to have taken the fame, before the faid firft Day oi Auguji ; then he or they fhall be ipjo faSlo dep:ived, and is, and are hereby adjudged a be deprived of his and their Offices, Benefices, Di^iities, and Promotions Ecclefiallical. VIII. And be it further enacted. That if any Perfon or Perfons now being Mailer, Governor, Head, 6r Fellow of any College or Hall, in either of the Two Univerfities, or of any other College, or Mafter of any Hofpital or School, or Profeilor of Divinity, Law, Phyfick, or other Science in either of the faid Univerfities, or in the City o^ London, fhall negle£t or refufe to take the Oaths by this A£t appointed to be taken, in fuch Manner, and before fuch Perl'ons as by this Act is direfled, before the firft Day of Av.gujl in the Year one thoufand fix hundred eighty-nine ; every fuch Perfon and Perfons fo negle<3:ing or refufmg, fhall be, and is and are hereby declared and adjudged to be, fufpended from the Execution of bis or their Office and Employment, and from his or their Mallerfhip, Government, Fellowfhip, and PofefTorfliip re- fpeflively, for the Space of fix Months, to be accounted from the faid firft Day of Auguft : And if the faid Perfon or Perfons [io having negleited or refufed) fhall not within the faid Space of fix Months take the faid Oaths in fuch Court or Place, and before fuch Perfons, and in fuch Manner, as they ought to have taken the fame before the faid firft Day of Auguft, that in every fuch Cafe the faid Office and Employment, Mafterfhip, Government, Fellovv'fhip, and Profeflbrfhip of every Perfon fo ncgledting or refufmg, fliall be void, and is hereby adjudged void. IX. And be it further enafted. That if any fuch other Perfon or Perfons (other than the Perfons fpe- cially above-mentioned) fhall. refufe to take the faid Oaths, or either of them, when tendred to him or them by any Perfons lawfully authorized, as is aforefaid, to adminifter or tender the fame; the Perfon ot Perfons fo tendring the faid Oaths, or either of them, fhall commit the faid Perfon and Perfons fo refufing to the Common Gaol or Houfe of Corredtion, there to remain without Bail or Mainprize for the Space of three Months, unlefs fuoh Offender fhall pay down to the faid Perfon or Perfons fo tendring the faid Oaths, or either of them, fuch Sum of Money, not exceeding forty Shillings, as the faid Perfon or Perfons fo tendring the faid Oaths, or either of them, fhall require fuch Offender to pay for his or her faid Re- fufal ; which Money fhall be paid to the Churchwardens or Overfeers of the Poor, for the Relief of the Poor of the Parifh or Place where fuch Offender did laft inhabit : And if at the End of three Months aftei fuch Refufal, the Perfon and Perfons fo refufing fhall again refufe to take the faid Oaths, or either of them, when lawfully tendered to him or them, as' is aforefaid; the faid Perfon or Perfons fo tendring the faid Oaths, or either of them, fhall commit the faid Perfon and Perfons fo refufing to the Common Gaol or Houfe of Correction, there to remain for the Space of fix Months, unlefs every fuch Offender fhall pay down to the Peribn or Perfons fo tendring the faid Oaths, or either of them, fuch Sum of Money, not ex- ceeding ten Pounds, nor under five Pounds, as the faid Perfon or Perfons fo tendring the faid Oaths,. 01 either of them, fhall require fuch Offender to pay for his or her faid fecond Refufal ; the faid Money to be difpofed in Manner aforefaid ; and unlefs every fuch Offender fhall become bound with two fufficient Sureties, with Condition to be of the good Behaviour, and alfo to appear at the next Affizes or General. Gaol Delivery to be holdeii for the County, Liberty, or Place where fuch Offender fhall then inhabit oi refide; at which Affizes or Gaol Delivery the faid Oaths fliall be again tendred to every fuch Offender by^ the Juftices of Affizes or Gaol Delivery, in their open Affizes or Gaol Delivery ; and if the faid Offender fhall refufe to take the faid Oaths, or either of them, when tendred to him or her by the faid Juftices of Affizes or Gaol Delivery, as is aforefaid, then every Perfon and Perfons fo refufing, fhall be and is and are -hereby adjudged incapable of any Office, civil or military, within this Kingdom, and fhall likewifc be and remain bound to the good Behaviour, until he or they do take the faid Oaths. And in cafe fuch Perfor