stat. 2. No.LXVIII. to sit therein, without taking the said Oaths, and subscribing the said Decla30 Car. II. ration, according to the said Order, every such Peer or Member of the House of Peers, so presuming to sit, shall be adjudged, and is hereby declared, to be uncapable and disabled in law, to all intents and purposes whatsoever, to sit in the said House of Peers, and give any voice therein, either by Proxy or otherwise howsoever, during that Parliament: And if any Member or Members of the House of Commons shall, contrary to such Order made by their House, wilfully presume to sit therein, without taking the said Oaths, and making and subscribing the said Declaration, every such Member or Members of the House of Commons, so presuming to sit, shall be adjudged, and is hereby declared to be, uncapable and disabled in law, to all intents and purposes whatsoever, to sit in the said House of Commons, or give any voice therein during that Parliament. The Places of Members of the House of Commons disabled to vote, shall be void, and Writs issue out for VIII. And be it enacted, That in every case where any Member or Members of the House of Commons shall, by virtue of this Act, be disabled to sit or vote in the House of Commons, then and in every such case, without any further conviction or other proceedings against such Member or Members, the place or places for which they or any of them were elected, is hereby declared void; and a new writ or writs shall issue out of the High Court of Chancery, by warrant or warrants from the new Elections. Speaker of the House of Commons for the time being, and by order of the said House, for the Election of a new Member or Members to serve in the House of Commons, in the place or places of such Member or Members so disabled, to all intents and purposes, as if such Member or Members were naturally dead. The King's aud Queen's sworn Servants shall swear as aforesaid, and make and subscribe the said Declaration. IX. And be it further enacted, by the Authority aforesaid, That from and after the first day of December, one thousand six hundred seventy and eight, every person then being, and who after that time shall be, a sworn Servant to the King's or Queen's Majesty, not having before that time duly taken the Oaths, and made and subscribed the Declaration contained in an Act, intituled, " An Act for preventing Dangers which may happen from Popish Recusants," shall take the said Oaths, and make and subscribe the Declaration before expressed, in his Majesty's High Court of Chancery, in the manner aforesaid, either in the next term after 25 Car. 2. c. 2. the said first day of December, or in the next term after Repealed by 2 such any person Geo. 2. c. 31. shall be so sworn a Servant; or in case of lawful impediment by sickness, proved upon oath, and allowed to be such under the hand of the Lord Chancellor, or Lord Keeper for the time being, then in the next term after such impediment removed; and if any such person shall refuse or neglect to do the same, and yet, after such refusal or neglect, shall advisedly come into or remain in the presence of the King's or Queen's Majesty, or shall come into the court or house where they or any of them reside, as well during the reign of his present Majesty, as during the reigns of his and their Royal Successors, Kings or Queens of England, and every of them, every such person shall be disabled to hold any place as such sworn servant, and shall incur and suffer all the pains, penalties, forfeitures, and disabilities in this Act mentioned or contained. § 9. A provision for the Queen to have eighteen Popish Servants. X. Provided, That nothing in this Act shall relate to or have any effect upon any person being a natural-born subject of the King of Portugal, who now is or hereafter shall be a sworn Servant to the Queen's Majesty, not exceeding nine in number at any one time: nor to such Women Servants as her Majesty shall, under her Hand and Seal, from time to time for that purpose be pleased to nominate; the said Women Servants so nominated not exceeding the number of nine at any one time. XI. And be it enacted, That during the time of taking of the said Oaths, and making and subscribing the said Declaration, all other matters and proceedings, as well in the said Houses of Parliament, as in the said Court, shall cease; and the said Oaths, Declaration and Subscription, together with a schedule of the names of the persons who shall by virtue of this Act take and subscribe the same, shall be made, entred and filed in parchment-rolls from time to time, duly provided for that purpose by the Clerk 30 Car. II. stat. 2. of the House of Lords, and the Clerk of the House of Commons, and by No.LXVIII. the Clerk of the Petty Bag in Chancery, for the several and respective uses as aforesaid; and none of the Peers or Members shall give or pay any fee or reward to any such Clerk, above the sum of twelve-pence for the entry of his taking the said oaths, and making and subscribing the said declaration: All which rolls respectively the said Clerks are hereby required from time to time, without any fee or reward, to shew to any person desiring to look upon the same: And the said House of Peers, and House of Commons, and Court of Chancery, are hereby severally impowered and required in the first place, all other business laid aside, to administer the said Oaths, Declaration and Subscription, respectively, as occasion shall be from time to time, to all and every the person and persons aforesaid, duly demanding the same, according to the directions, purport and meaning of this present Act. come into the XII. Provided always, That this Act, nor any thing herein contained, Such as have shall extend to the prejudice of any person for coming into or remaining Licence from in the presence of the King.or Queen's Majesty, who shall first have sixPrivy Counlicence so to do by any warrant under the Hands and Seals of six or more cillors, may Privy Councillors, by order of his Majesty's Privy Council, upon some urgent occasion therein to be expressed, so as such licence exceed not the space of ten days, and that the said licence be first filed and put upon record in the Office of the Petty Bag in Chancery, for any body to view withstanding without fee or reward, and no person be licensed for above the number of this Act. thirty days in any one year. King's or Queen's pre sence, not XIII. Provided nevertheless, That if any offender contrary to this Act Offenders that shall at any time after such offence take the said Oaths, and make and shall take the subscribe the said Declaration, in his Majesty's High Court of Chancery, Oaths, &c. and in the manner aforesaid, every such person shall be from thenceforth discharged, freed and discharged of and from all seizures, penalties and losses which &c. he might otherwise sustain or bear for or by reason of being a Popish Recusant convict by virtue of this Act; and shall be freed and discharged from all disabilities and incapacities incurred thereby; so as such freedom and discharge extend not to restore any such person to any office or place filled and supplied upon voidance by this Act; nor to any other office till after the expiration of one year from the taking the said Oath, and making the Declaration aforesaid; nor to make void, or at any time discharge the said forfeiture of five hundred pounds, incurred as aforesaid. XIV. Provided always, That nothing in this Act contained shall extend to his Royal Highness the Duke of York, [No. LXIX.] 1 William and Mary, sess. 1. c. 6.-An Act for establishing the Coronation Oath.* WHEREAS by the law and antient usage of this realm, the Kings and Queens thereof have taken a solemn Oath upon the Evangelists at 'their respective Coronations, to maintain the Statutes, Laws and Cus'toms of the said Realm, and all the People and Inhabitants thereof, in 'their Spiritual and Civil Rights and Properties: But forasmuch as the ⚫ Oath itself on such occasion administered, hath heretofore been framed ' in doubtful words and expressions, with relation to antient Laws and • Constitutions at this time unknown:' To the end therefore that one uniform Oath may be in all times to come taken by the Kings and Queens of this Realm, and to them respectively administered at the times of their and every of their Coronation; may it please your Majesties that it may be enacted; No. LXIX. 1 William and Mary, sess. 1. c. 6. I have thought it not inexpedient to insert an Impediment to the further relaxation of the present Act in this Class, as the Language the Law with respect to Roman Catholics. of the Coronation Oath is supposed to create 8 No. LXIX. 1 William and Mary, sess. 1. c. 6. An Oath to be Coronation All Kings, &c. to take the Oath. II. And be it enacted by the King's and Queen's most Excellent Majesties, by and with the advice and consent of the Lords Spiritual and Temporal, and the Commons, in this present Parliament assembled, and by the Authority of the same, That the Oath herein mentioned, and hereafter expressed, shall and may be administered to their most excellent Majesties, King William and Queen Mary (whom God long preserve), at the time of their Coronation, in the presence of all persons that shall be then and there present at the solemnizing thereof, by the Archbishop of Canterbury, or the Archbishop of York, or either of them, or any other Bishop of this Realm, whom the King's Majesty shall thereunto appoint, and who shall be hereby thereunto respectively authorized; which Oath followeth, and shall be administered in this Manner, that is to say; The Archbishop or Bishop shall say, "III. Will you solemnly promise and swear to govern the People of "this Kingdom of England, and the dominions thereto belonging, accord"ing to the Statutes in Parliament agreed on, and the Laws and Customs "of the same?" The King and Queen shall say, "I solemnly promise so to do." "Will you to your Power cause Law and Justice, in Mercy, to be exe, “cuted in all your Judgments?" King and Queen, "I will." Archbishop or Bishop, "Will you to the utmost of your Power maintain the Laws of God, the "true Profession of the Gospel, and the Protestant Reformed Religion "established by Law? And will you preserve unto the Bishops and "Clergy of this Realm, and to the Churches committed to their charge, "all such Rights and Privileges as by Law do or shall appertain unto them, or any of them ?" King and Queen, "All this I promise to do." After this, the King and Queen, laying his and her hand upon the Holy Gospels, shall say, King and Queen, "The things which I have here before promised, I will perform and keep. So help me God." Then the King and Queen shall kiss the Book. IV. And be it further enacted, That the said Oath shall be in like manner administered to every King or Queen, who shall succeed to the Imperial Crown of this Realm, at their respective Coronations, by one of the Archbishops or Bishops of this Realm of England, for the time being, to be thereunto appointed by such King or Queen respectively, and in the presence of all persons that shall be attending, assisting, or otherwise present at such their respective Coronation; any Law, Statute, or Usage to the contrary notwithstanding. [No. LXX.] 1 William and Mary, sess. 1. c. 9.—An Act for the amoving Papists and reputed Papists, from the Cities of London and Westminster, and ten Miles Distance from the same. [ No. LXXI.] 1 William and Mary, sess. 1. c. 15.—An Act for the better securing the Government, by disarming Papists and reputed Papists. [No. LXXII.] 1 William and Mary, sess. 1. c. 18. An Act for exempting their Majesties' Protestant Subjects, No. LXXII. dissenting from the Church of England, from the Penalties 1 William of certain Laws.* and Mary, FORASMUCH as some ease to scrupulous consciences in the exercise sess. 1. c. 18. of Religion, may be an effectual means to unite their Majesties' Protestant subjects in interest and affection :' The several extend to Dis- II. Be it enacted by the King's and Queen's most Excellent Majesties, Laws not to by and with the advice and consent of the Lords Spiritual and Temporal, and the Commons, in this present Parliament assembled, and by the Authority of the same, That neither the Statute made in the three and 29 Eliz. c.6. twentieth year of the reign of the late Queen Elizabeth, intituled, An Act to retain the Queen's Majesty's Subjects in their due Obedience: nor the Statute made in the twenty-ninth year of the said Queen, intituled, An Act for the more speedy and due execution of certain Branches of the Statute made in the three and twentieth year of the Queen's Majesty's reign, viz. the aforesaid Act; nor that branch or clause of a Statute made in the first year of the reign of the said Queen, intituled, An Act for the Uniformity of 1 Eliz. c. 2. Common Prayer and Service in the Church, and Administration of the Sacra- § 14. ment; whereby all persons, having no lawful nor reasonable excuse to be absent, are required to resort to their parish church or chapel, or some usual place where the Common Prayer shall be used, upon pain of punishment by the censures of the Church, and also upon pain that every person so offending shall forfeit for every such offence twelve-pence; nor the Statute made in the third year of the reign of the late King James the 3 Jac. 1. c. 4. First, intituled, An Act for the better discovering and repressing Popish Recusants; nor that other Statute made in the same year, intituled, An Act 3 Jac. 1. c. 5. to prevent and avoid Dangers which may grow by Popish Recusants; nor any other Law or Statute of this Realm made against Papists or Popish Recusants, except the Statute made in the five and twentieth year of King Exception. Charles the Second, intituled, An Act for preventing dangers which may 25 Car. 2. c. 2. happen from Popish Recusants; and except also the Statute made in the thirtieth year of the said King Charles the Second, intituled, An Act for the 30 Car. 2. st. 2. more effectual preserving the King's Person and Government, by disabling c.1. Papists from sitting in either House of Parliament, shall be construed to extend to any person or persons dissenting from the Church of England, that shall take the Oaths mentioned in the Statute made this present Par liament, intituled, An Act for removing and preventing all Questions and Suprà, c. 1. Disputes concerning the assembling and sitting of this present Parliament; and shall make and subscribe the Declaration mentioned in a Statute made in the thirtieth year of the reign of King Charles the Second, intituled, An 30 Car. 2. st. 2. Act to prevent Papists from sitting in either House of Parliament; which c.1. Oaths and Declaration the Justices of Peace at the General Sessions of the Peace, to be held for the County or Place where such person shall live, are hereby required to tender and administer to such persons as shall offer themselves to take, make, and subscribe the same, and thereof to keep a Register: And likewise none of the persons aforesaid shall give or pay, Taking Declaas any Fee or Reward, to any Officer or Officers belonging to the Court ration to be aforesaid, above the sum of six-pence, nor that more than once, for his or registered. their Entry of his taking the said Oaths, and making and subscribing the Fee for regissaid Declaration; nor above the further sum of six-pence for any Certifi- ter and cate of the same, to be made out and signed by the Officer or Officers of Certificate. the said Court. III. And be it further enacted, by the Authority aforesaid, That all and Persons conevery person and persons already convicted or prosecuted in order to con- victed,&c.tak Usually called the Toleration Act. This Act, in Rex v. Larwood, 1 Lord Raym. 29, 1 Salk. 167, was upon very unsatisfactory reasons held to be a private Act, but is de clared to be a public Act by Stat. 19 Geo. III. c. 44. post. See Evans v. Harrison; 6 Bro. P. C. 181; (cited) Cowp. 392; Wilmot's Reports, 130. No. LXXII. viction of Recusancy, by Indictment, Information, Action of Debt, or 1 William otherwise, grounded upon the aforesaid Statutes, or any of them, that shall take the said Oaths mentioned in the said Statute made this present and Mary, Parliament, and make and subscribe the Declaration_aforesaid, in the sess. 1. C. 18. Court of Exchequer, or Assizes, or General or Quarter-Sessions to be held for the County where such person lives, and to be thence respectively certified into the Exchequer, shall be thenceforth exempted and discharged from all the Penalties, Seizures, Forfeitures, Judgments, and Executions, incurred by force of any of the aforesaid Statutes, without any Composition, Fee, or further Charge whatsoever. ing the Oaths, &c. shall be discharged. 35 Eliz. c. 1 22 Car. 2. c. 1. Ecclesiastical Court, IV. And be it further enacted, by the Authority aforesaid, That all and every person and persons that shall, as aforesaid, take the said Oaths, and make and subscribe the Declaration aforesaid, shall not be liable to any Pains, Penalties, or Forfeitures, mentioned in an Act made in the five and thirtieth year of the reign of the late Queen Elizabeth, intituled, An Act to retain the Queen's Majesty's Subjects in their due Obedience; nor in an Act made in the two and twentieth year of the reign of the late King Charles the Second, intituled, An Act to prevent and suppress seditious Conventicles; nor shall any of the said persons be prosecuted in any Ecclesiastical Court, for or by reason of their non-conforming to the Church of England. Private Meet- V. Provided always, and be it enacted by the Authority aforesaid, That ings excluded. if any assembly of persons dissenting from the Church of England shall be had in any place for religious worship with the doors locked, barred, or bolted, during any time of such meeting together, all and every person or persons that shall come to and be at such Meeting, shall not receive any benefit from this Law, but be liable to all the Pains and Penalties of all the aforesaid Laws recited in this Act, for such their Meeting, notwithstanding his taking the Oaths, and his making and subscribing the Declaration aforesaid. Tythes saved. Officers scru- Persons in Orders how exempted from 17 Car. 2. e. 2. 13 & 14 Car. 2. c. 4. VI. Provided always, That nothing herein contained shall be construed to exempt any of the persons aforesaid from paying of Tythes or other parochial duties, or any other duties to the Church or Minister, nor from any prosecution in any Ecclesiastical Court, or elsewhere, for the same. VII. And be it further enacted, by the Authority aforesaid, That if any person dissenting from the Church of England, as aforesaid, shall hereafter be chosen or otherwise appointed to bear the Office of High-constable, or Petitconstable, Churchwarden, Overseer of the Poor, or any other parochial or Ward-office,(1.) and such person shall scruple to take upon him any of the said offices in regard of the Oaths, or any other matter or thing required by the Law to be taken or done in respect of such office, every such person shall and may execute such office or employment by a sufficient Deputy, by him to be provided, that shall comply with the Laws on this behalf. Provided always, the said Deputy be allowed and approved by such person or persons, in such manner as such Officer or Officers respectively should by Law have been allowed and approved. VIII. And be it further enacted, by the Authority aforesaid, That no person dissenting from the Church of England in holy Orders, or pretended holy Orders, or pretending to holy Orders, nor any Preacher or Teacher of any Congregation of Dissenting Protestants, (2.) that shall make and subscribe the Declaration aforesaid, and take the said Oaths at the General or Quarter-Sessions of the Peace to be held for the County, Town, Parts, or Division where such person lives; which Court is hereby impowered to administer the same, and shall also declare his approbation of and subscribe the Articles of Religion mentioned in the Statute made in (1) The Exemption extends to Offices subsequently created; and the Preacher is entitled to it, although engaged in Trade; Kenward v. Knowles, Willes, 463. (2) For Cases upon Applications for Writs of Mandamus to administer the Oaths under this Section, see Rex v. Justices of Denbighshire, 14 East. 285; R. v. Justices of Gloucestershire, 15 East. 577; R. v. Justices of Suffolk, 15 E. 590. And see Stat. 52 Geo. III. c. 155, post. |