for neglect. Persons now in office neg office to be void. reason whereof they should have been obliged by any statute to take the said abrogated oaths, or either of them, shall take the oaths hereby appointed, in such manner, at such times, before such persons, and in such courts and places, as they should or ought to have taken the said former oaths, or either of them, in case the same had The penalty not been abrogated, as aforesaid. And that every such person, who shall neglect or refuse to take the same, shall incur and be liable to the same penalties, forfeitures, disabilities, and incapacities, as by any such statute was appointed, for or upon neglect, or refusal to take the said former oaths hereby abrogated, or either of them. VI. And be it further enacted, that if any person now having any lecting, the office or employment, civil or military, shall neglect or refuse to take the said oaths hereby appointed to be taken, in such manner as by this act is directed, before the first day of August in the year one thousand six hundred eighty-nine, or sooner if required thereunto by any order from his majesty in council, before such persons as by the said order shall be appointed to take and receive the same, that in every such case the said office and employment of every person so neglecting or refusing, shall be void, and is hereby adjudged void. VII. And be it further enacted by the authority aforesaid, that if now in bene- any archbishop or bishop, or any other person now having any fice, &c. neg- ecclesiastical dignity, benefice, or promotion, shall neglect or refuse lecting, to be suspended, to take the oaths by this act appointed to be taken, in such manner as by this act is directed, before the first day of August in the year one thousand six hundred eighty-nine, every such person and persons so neglecting or refusing, shall be, and is, and are hereby declared and adjudged to be, suspended from the execution of his or their office by the space of six months, to be accounted from the said first day of August: and if the said person or persons (so having neglected or refused) shall not within the said space of six months take the said oaths in such manner, court, or place, as they ought to have taken the same, before the said first day of August; then he or they shall be ipso facto deprived, and is, and are hereby adjudged to be deprived of his and their offices, benefices, dignities, and promotions ecclesiastical. Ecclesiasti cal persons &c. VIII. And be it further enacted, that if any person or persons now being master, governor, head, or fellow of any college or hall, in either of the two universities, or of any other college, or master of any hospital or school, or professor of divinity, law, physic, or other science in either of the said universities, or in the city of London, shall neglect or refuse to take the oaths by this act appointed to be taken, in such manner, and before such persons as by this act is directed, before the first day of August in the year one thousand six hundred eighty-nine; every such person and persons so neglecting or refusing, shall be, and is and are hereby declared and adjudged to be, suspended from the execution of his or their office and employment, and from his or their mastership, government, fellowship, and professorship respectively, for the space of six months, to be accounted from the said first day of August: and if the said person or persons (so having neglected or refused) shall not within the said space of six months take the said oaths in such court or place, and before such persons, and in such manner, as they ought to have taken the same before the said first day of August, that in every such case the said office and employment, mastership, government, fellowship, and professorship of every person so neglecting or refusing, shall be void, and is hereby adjudged void. take the committed. refusal. refusal. IX. And be it further enacted, that if any such other person or Persons persons (other than the persons specially above mentioned) shall refusing to refuse to take the said oaths, or either of them, when tendered to oaths upon him or them by any persons lawfully authorized, as is aforesaid, to tender, to be administer or tender the same; the person or persons so tendering Second the said oaths, or either of them, shall commit the said person and persons so refusing to the common gaol or house of correction, there to remain without bail or mainprize for the space of three months, unless such offender shall pay down to the said person or persons so tendering the said oaths, or either of them, such sum of money, not exceeding forty shillings, as the said person or persons so tendering the said oaths, or either of them, shall require such offender to pay for his or her said refusal which money shall be paid to the churchwardens or overseers of the poor, for the relief of the poor of the parish or place where such offender did last inhabit: and if at the Third end of three months after such refusal, the person and persons so refusing shall again refuse to take the said oaths, or either of them, when lawfully tendered to him or them, as is aforesaid; the said person or persons so tendering the said oaths, or either of them, shall commit the said person and persons so refusing to the common gaol or house of correction, there to remain for the space of six months, unless every such offender shall pay down to the person or persons so tendering the said oaths, or either of them, such sum of money, not exceeding ten pounds, nor under five pounds, as the said person or persons so tendering the said oaths, or either of them, shall require such offender to pay for his or her said second refusal; the said money to be disposed in manner aforesaid; and unless every such offender shall become bound with two sufficient sureties, with condition to be of the good behaviour, and also to appear at the next assizes or general gaol delivery to be holden for the county, liberty, or place where such offender shall then inhabit or reside; at which assizes or gaol delivery the said oaths shall be again tendered to every such offender by the justices of assize or gaol delivery, in their open assizes or gaol delivery; and if the said offender shall Penalty for refuse to take the said oaths, or either of them, when tendered to refusing dehim or her by the said justices of assizes or gaol delivery, as is aforesaid, then every person and persons so refusing, shall be and is and are hereby adjudged incapable of any office, civil or military, within this kingdom, and shall likewise be and remain bound to the good behaviour, until he or they do take the said oaths. And in case such person or persons shall refuse also to make and subscribe the declaration mentioned in the statute made in the thirtieth year of the 30 Car. 2, st. reign of king Charles the second, intituled, an act for the more effectual preserving the king's person and government, by disabling papists from sitting in either house of parliament, such person and persons shall suffer all pains, penalties, forfeitures, and disabilities as a popish recusant convict, and be taken and deemed a popish recusant convict, to all intents and purposes whatsoever. claration. 3, c. 1. Land and sea officers to take the oaths and declaration. Penalty. The oath and declara ed by two acts of 13 & 14 Car. 2, c. 3 & 4, made void. X. And be it further enacted by the authority aforesaid, that all and every commission officer and officers, and non commission or warrant officer and officers, that are already employed in their majesties' service by sea or land, shall take the said oaths, and also make, repeat, and subscribe the declaration mentioned in the said statute made in the thirtieth year of the reign of king Charles the second, before the lord high admiral of England, or the commissioners for executing the office of lord high admiral, or their deputies, or such other persons as their majesties shall authorize or appoint to administer and accept the same respectively; and that all and every such person and persons as shall hereafter be put into any such employment by sea or land, shall, before the delivery of such commission or warrant to such officer, take the said oaths, and make, repeat, and subscribe the said declaration before the lord high admiral, or commissioners of the admiralty, or their deputies, as aforesaid, or such person as shall issue such commission or warrant, or such others as shall be authorized to administer the same as aforesaid respectively, who are hereby respectively authorized and required to tender, administer, and accept the same; and all and every such officer or officers, that shall refuse to take the said oaths, and make and subscribe the said declaration, shall be incapable of receiving, taking, holding, or executing such office or employment. XI. And be it further enacted, that the oath appointed by the tion appoint- statute made in the thirteenth and fourteenth years of king Charles the second, intituled, an act for ordering the forces in the several counties of this kingdom, the form and words of which oath are in the same statute expressed; and also so much of a declaration prescribed in another act made in the same year, intituled, an act for the uniformity of public prayers, and administration of the sacraments, and other rites and ceremonies: and for establishing the form of making, ordaining, and consecrating, bishops, priests, and deacons, in the church of England, as is expressed in these words, (viz.) Oaths by this act. 4. B. declare, that it is not lawful upon any pretence whatsoever to take arms against the king; and that I do abhor that traitorous position of taking arms by his authority against his person, or against those that are commissioned by him: shall not from henceforth be required or enjoined, nor any person suffer any forfeiture, penalty, or loss, by the not taking, subscribing, or making the said oath, or the said recited part of the said declaration; the last forementioned statutes, or any other law or statute to the contrary in anywise notwithstanding. XII. And be it enacted, that the oaths that are intended and required to be taken by this act, are the oaths in these express words hereafter following; 4. B. do sincerely promise and swear, that I will be faithful, and bear true allegiance, to their majesties king William and queen Mary: So help me God, &c. 4. B. do swear, that I do from my heart abhor, detest, and abjure, as impious and heretical, that damnable doctrine and position, that princes excommunicated or deprived by the pope, or any authority of the see of Rome, may be deposed or murdered by their subjects, or any other whatsoever. persons who enrolled, without fee. And I do declare, that no foreign prince, person, prelate, state, or potentate, hath or ought to have any jurisdiction, power, superiority, pre-eminence or authority, ecclesiastical or spiritual, within this realm: So help me God, &c. XIII. And be it further enacted by the authority aforesaid, that Names of the names of all and singular such persons and officers aforesaid, take the that do or shall, in the court of chancery, king's bench, or quarter oaths to be sessions, take the oaths by this act required or appointed to be taken, shall be in the said respective courts of chancery and king's bench, and the quarter sessions, enrolled with the day and time of their taking the same, in rolls made and kept only for that intent and purpose, and for no other. The which rolls, as for the court of chancery, shall be publicly hung up in the office of the petty bag; and the rolls for the king's bench, in the crown office of the said court; and in some public place in every quarter sessions, and there remain during the whole term, every term, and during the whole to be viewed time of the said sessions, in every quarter sessions, for every one to resort to, and look upon without fee or reward. And none of the person or persons aforesaid shall give or pay, as any fee or reward to any officer or officers belonging to any of the courts, as aforesaid, above the sum of twelve-pence for his or their entry of his or their Twelvetaking of the said oaths by this act required or appointed to be taken. oath. XIV. And whereas since the eleventh day of December in the Provision year of our lord one thousand six hundred eighty-eight, the said of corporaabrogated oaths could not be taken by any person that was elected tions who or placed in any office of magistracy, or place of trust relating to or take the abconcerning the government of any city, corporation, borough, cinque rogated port, or their members, or other port town, at the time of his being December admitted and sworn into such office, place, or employment, by reason last. whereof his said election, placing, and choice into such office or employment, by one act, intituled, an act for the well governing of 13 Car. 2, st. corporations, is enacted and declared to be void; be it therefore 2, c. 1. enacted by the authority aforesaid, that if any such officer shall, before the first day of August in the year of our Lord one thousand six hundred eighty-nine, take the oaths herein mentioned and required to be taken, before such person or persons, who by the said act should have administered the said abrogated oaths, at the time of his admission into such office or employment, the said election and placing into such office or employment shall be taken and adjudged to be as good and effectual, as if he had taken the said abrogated oaths: any thing in the said act, or in any other statute to the contrary in anywise notwithstanding. pence for the for members could not for officers last. XV. And whereas since the feast of Saint Michael last past, divers Provision persons have been admitted into offices, employments, or places of who could trust, and could not take the said abrogated oaths, and subscribe the not take the declaration at such time, and in such manner, as is directed and oaths since abrogated appointed by one act made the five and twentieth of the late king Michaelmas Charles the second, intituled, an act for preventing of dangers that 25 Car. 2, c. 2. may happen from popish recusants; be it therefore enacted by the authority aforesaid, that if any such person shall, before the end of Trinity term next, in the high courts of chancery or king's bench, or before the first of August in the year of our Lord one thousand King may allow to 12 subsistence. six hundred eighty-nine, at the quarter sessions for that county or place where he or they shall inhabit or reside, or execute the said office or employment, take the oaths in this act mentioned and appointed to be taken, and repeat and subscribe the said declaration, and take the sacrament of the Lord's supper according to the usage of the church of England, and procure certificate thereof, in such manner as in the said act is required, directed, and appointed, that then such person shall and is hereby indemnified and discharged from any penalty or disability that he might or should have incurred by the said act, and shall and is hereby adjudged to have been and be as good and sufficient an officer from the time of his admission, as if he had taken the said abrogated oaths, and performed all other things required by the said act; any thing to the contrary in anywise notwithstanding. XVI. Provided always, and be it enacted by the authority aforeof the nonju- said, that it be left to the king, to allow to such of the clergy as shall rant clergy refuse the oaths prescribed by this act, as he shall think fit, not exceeding the number of twelve, an allowance out of their ecclesiastical benefices or promotions for their subsistence, not exceeding a third part, and to continue during his majesty's pleasure, and no longer. Ante, c. 8. Commission officers 1 WILLIAM & MARY, SESS. 1, CAP. 25.-An act to regulate the administration of the oaths required to be taken by commission or warrant officers employed in their majesties' service by land, by virtue of an act made this present session of parliament, intituled, an act for the abrogating of the oaths of supremacy and allegiance, and appointing other oaths. Whereas by an act made this present session of parliament, intituled, an act for the abrogating of the oaths of supremacy and allegiance, and appointing other oaths, all persons that shall hereafter be put into any military employment, shall be obliged to take the oaths, and make and subscribe the declaration therein mentioned, before such person as shall issue the commission or warrant for such employment; and whereas their majesties' service does require the regiments and troops of soldiers to march, and be at great distances from London, and upon any vacancy of any such military employment, by death or otherwise, it is necessary to fill up such vacancies, by granting new commissions for persons that may be at a great distance from London, so as their majesties' service will not permit them to repair to London to take the said oaths, and make the said declaration as aforesaid: II. Be it enacted by the king's and queen's most excellent majestwenty miles ties, by and with the advice and consent of the lords spiritual and from London temporal, and the commons, in this present parliament assembled, the oaths. and by the authority of the same, that if any commission for such how to take military employment shall hereafter be granted to any person at any |