Page:Ruffhead - The Statutes at Large - vol 9.djvu/655

 APPENDIX. 181 other Imployment in Church or State, other than that of his Peerage, and (hall likewife be liable to fuch Peerage. further and other punifhments as by the Common Laws or Statutes of this Realm may be inflicted in fuch cafes : And to the end that no man hereafter may be milled into any feditious or unquiet de- St. 17 Car. t. meanor, out of an opinion that the Parliament begun and held at Weflminjler, upon the third day of «!£• P ' ar i iamen| . November, in the year of our Lord, one thoufand fix hundred and forty, is yet in being, which is un- begun 3d of doubtedly diflblved and determined, and fo is hereby declared and adjudged to be fully diflblved and Nov. 1640. not determined ; or out of an opinion that there lies any obligation upon him from any Oath, Covenant ' s n t be,n § ar 2 or Engagement whatfoever, to endeavour a change of Government, either in Church or State ; or out cap. ,. of an opinion, that both Houfes of Parliament, or either of them, have a Legiflative Power without the No Legiflative King ; All which Affertions have been feditioufly maintained in fome Pamphlets lately printed, and are ^ofhHoufes daily promoted by the Active Enemies of our Peace and Happinefs. of Parliament III. Be it therefore further enacted by the authority aforelaid, That if any perfon or perfons at any without the time after the Four and twentieth day of June, in the year of our Lord, one thoufand fix hundred fixty Km S" and one, (hall malicioufly and advifedly, by Writing, Printing, Preaching, or other fpeaking, exprefs, publilh, utter, declare or affirm, That the Parliament begun at Weftminjler upon the Third Day of November, in the year of our Lord, one thoufand fix hundred and forty, is not yet diflblved, or is not determined, or that it ought to be in being, or hath yet any continuance or exiftence, or that there lies any obligation upon him, or any other perfon, from any Oath, Covenant or Engagement whatfoever, to endeavour a change of Government, either in Church or State, or that both Houfes of Parliament, or either Houfe of Parliament, have, or hath a Legiflative Power without the King, or any other words to the fame effect ; That then every fuch perfon and perfons io, as aforefaid, offending, (hall incur the danger and penalty of a Pramunire, mentioned in a Statute made in the fixteenth year of the Reign of Praemunire. King Richard the Second : And it is hereby alfo declared, That the Oath ufually called The Solemn T, s , League and Covenant, was in it felf an unlawful Oath, and impofed upon the Subjects of this Realm League and againft the Fundamental Laws and Liberties of this Kingdom, and that all Orders and Ordinances, or Covenant «n- pretended Orders and Ordinances, of both or either Houfes of Parliament, for impofing of Oaths, jf™^}' ^ Covenants or Engagements, Levying of Taxes, or Raifing of Forces and Arms, to which the Royal poftd. y """ Affent, either in perfon or by Commiflion, was not exprefly had or given, were in the firft creation and Certain Orders making, and (till are, and fo (hall be taken to be null and void to all intents and purpofes whatfoever. *? botho?dther Provided neverthelefs, That all and every perfon and perfons, Bodies Politick and Corporate, who have Houfes of Par-, been, or (hall at any time hereafter be queltioned for any thing acted or done by colour of any the Or- liament de- ders or Ordinances herein before-mentioned and declared to be null and void, and are indemnified by p'rov^'the an Act, intituled, An Ail of Free and General Pardon, Indemnity and Oblivion, made in the Twelfth year raid Orders, &c. of his Majefties Reign that now is, or Ihall be indemnified by any Act of Parliament, (hall and may may be made make fuch ufe of the faid Orders and Ordinances for their Indemnity according to the true intent and t^th^Aaof 16 meaning of the faid Act, and no other, as he or they might have done if this Act had not been made ; indemnity. any thing in this Act contained to the contrary notwithstanding. St. 12 Car. 2. IV. Provided always, That no perfon be profecuted for any of the offences in this Act mentioned, No perfon to (other than fuch as are made and declared to be High-Treafon) unlefs it be by Order of the Kings Ma- be profecmed jefty, his Heirs or Succeffors, under his or their bign-Manual, or by Order of the Council-Table of f° r any offences his Majefty, his Heirs or Succeffors, directed unto the Attorney-General for the time being, or fome fotherttem other of the Councel learned to his Majefty, his Heirs or Succeffors, for the time being ; nor (hall atiy Treafon) unlefs perfon or perfons by virtue of this prefent Act incur any the penalties herein before-mentioned, unlefs by" fpecial order he or they be profecuted within fix months next after the offence committed, and indicted thereupon - f ^ m . his Ma " within three months after fuch profecution ; any thing herein contained to the contrary notwith- And within fix (landing. mont ^ 3 af[er V. Provided always, and be it enacted, That no perfon or perfons (hall be indicted, arraigned, con-^ t °* ncecom " demned, convicted or attainted for any of the Treafons or Offences aforefaid, unlefs the fame offender Treafo'nsand or offenders be thereof accufed by the Teftimony and Depofition of two lawful and credible Witneffes offences within upon Oath, which Witneffes at the time of the faid offender or offenders arraignment, (hall be brought pro^|Vy°two in perfon before him or them face to face, and Ihall openly avow and maintain upon Oath, what they witneffes viva have to fay againft him or them concerning the Treafon or Offences contained in the faid Indictment, voce. unlefs the party or parties arraigned (hall willingly without iolence confefs the fame. VI. Provided likewife, and be it enacted, That this Act, or any thing therein contained, (hall not Proviib for the extend to deprive either of the Houfes of Parliament, or any of their Members, of iheir juft ancient Priviiedge of Freedom and Priviiedge of debating any Matters or Bufinefs which (hall be propounded or debated in foment '"or re- either of the faid Houfes, or at any Conferences or Committees of both or either of the faid Houfes of peal or 'aitera- Parliament, or touching the repeal or alteration of any old, or preparing any new Laws, or the redreff- tion °[ Laws, ing of any publick Grievance ; but that the faid Members of either of the faid Houfes, and the Af- pubTic^Griev- filiants of the Houfe of Peers, and every of them, fnall have the fame freedom of Speech, and all other ances. Priviledges whatfeever, as they had before the making of this Act ; any thing in this Act to the con- trary thereof in any wife notwithftanding. VII. Provided always, and be it ordained and enacted, That no Peer of this Realm (hall be tried for Provifo for any offence againft this Act, but by his Peers ; and further, That every Peer who (hall be convicted of p eera S e and dny offence againft this Act, after fuch conviction, be difabled during his life to fit in Parliament, unlefs celi " his Majefty (hall gracioufly be pleafed to pardon him : And if his Majefty (hall grant his pardon to any Peer of this Realm, or Commoner convicted of any offence againft this Act, after fuch Pardon granted, the Peer or Commoner fo pardoned, (hall be reftored to all intents and purpofes, as if he had never been convicted ; any thing in this Law to the contrary in any wife notwithftanding. v^ A 1*