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B02955 Anno Regni Caroli II regis Angliæ, Scotiæ, Franciæ, & Hiberniæ tricesimo. At the Parliament begun at Westminster the eighth day of May, anno Dom. 1661, in the thirteenth year of the reign of our Soveraign Lord Charles, by the grace of God, of England, Scotland, France, and Ireland King, Defender of the Faith, &c. : and by several prorogations and adjournments there continued to the 30th day of November in the 30th year of his Majesties reign, on which day the following act passed the royal assent.; Act for the more effectual preserving the Kings person and government, by disabling papists from sitting in either house of Parliament England and Wales. Parliament. 1678 (1678) Wing E1116; ESTC R171964 5,289 18

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Anno Regni CAROLI II. REGIS Angliae Scotiae Franciae Hiberniae TRICESIMO At the Parliament begun at Westminster the Eighth of May Anno Dom. 1661. In the Thirteenth Year of the Reign of our Soveraign Lord CHARLES by the Grace of GOD of England Scotland France and Ireland King Defender of the Faith c. And by several Prorogations and Adjournments there continued to the 30th day of November in the 30th Year of his Majesties Reign on which day the following Act passed the Royal Assent C R HONI SOIT QUI MAL Y PENSE Edinburgh Re-printed by the Heir of Andrew Anderson Printer to His most Sacred Majesty Anno Dom. 1678. Anno XXX Caroli II. Regis An Act for the more effectual preserving the Kings Person and Government by disabling Papists from Sitting in either House of Parliament FOrasmuch as divers good Laws have been made for preventing the Increase and Danger of Popery in this Kingdom which have not had the desired Effects by reason of the free access which Popish Recusants have had to His Majesties Court and by reason of the Liberty which of late some of the Recusants have had and taken to Sit and Vote in Parliament Wherefore and for the Safety of His Majesties Royal Person and Government Be it Enacted by the Kings most Excellent Majesty by and with the Advice and Consent of the Lords Spiritual and Temporal and of the Commons in this present Parliament assembled and by the Authority of the same That from and after the first day of December which shall be in the year of our Lord God one thousand six hundred seventy and eight no person that now is or hereafter shall be a Peer of this Realm or Member of the House of Peers shall Vote or make his Proxy in the House of Peers or Sit there during any Debate in the said House of Peers Nor any person that now is or hereafter shall be a Member of the House of Commons shall Vote in the House of Commons or Sit there during any Debate in the said House of Commons after their Speaker is chosen untill such Peer or Member shall from time to time respectively and in manner following first take the several Oaths of Allegiance and Supremacy and make subscribe and audibly repeat this Declaration following I A. B. do Solemnly and Sincerely in the presence of God Profess Testifie and Declare That I do believe that in the Sacrament of the Lords Supper there is not any Transubstantiation of the Elements of Bread and Wine into the Body and Bloud of Christ at or after the Consecration thereof by any person whatsoever And that the Invocation or Adoration of the Virgin Mary or any other Saint and the Sacrifice of the Mass as they are now used in the Church of Rome are Superstitious and Idolatrous And I do Solemnly in the presence of God Profess Testifie and Declare That I do make this Declaration and every part thereof in the plain and ordinary sense of the Words read unto me as they are commonly understood by English Protestants without any Evasion Equivocation or Mental Reservation whatsoever and without any Dispensation already granted me for this purpose by the Pope or any other Authority or Person whatsoever or without any hope of any such Dispensation from any Person or Authority whatsoever or without thinking that I am or can be Acquitted before God or Man or Absolved of this Declaration or any Part thereof although the Pope or any other Person or Persons or Power whatsoever should Dispense with or Annul the same or Declare that it was Null and Void from the beginning Which said Oaths and Declaration shall be in this and every succeeding Parliament solemnly and publickly Made and Subscribed betwixt the hours of Nine in the Morning and Four in the Afternoon by every such Peer and Member of the House of Peers at the Table in the middle of the said House before he take his Place in the said House of Peers and whilst a full House of Peers is there with their Speaker in his Place and by every such Member of the House of Commons at the Table in the middle of the said House and whilst a full House of Commons is there duely sitting with their Speaker in his Chair and that the same be done in either House in such like order or method as each House is called over by respectively And be it further Enacted That from and after the said First day of December every Peer of this Realm and Member of the House of Peers and every Peer of the Kingdom of Scotland or of the Kingdom of Ireland being of the Age of One and twenty Years or upwards not having Taken the said Oaths and Made and Subscribed the said Declaration and every Member of the said House of Commons not having as aforesaid Taken the said Oaths and Made and Subscribed the said Declaration and every Person now or hereafter Convicted of Popish Recusancy who hereafter shall at any time after the said First day of December come advisedly into or remain in the presence of the Kings Majesty or Queens 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 whose Life God long preserve as during the Reigns of any His Royal Successors Kings or Queens of England shall incur and suffer all the pains penalties forfeitures and disabilities in this Act mentioned or contained unless such Peer Member or Person so Convicted do respectively in the next Term after such his coming or remaining Take the said Oaths and Make and Subscribe the said Declaration in His Majesties High Court of Chancery between the hours of Nine and Twelve in the Forenoon And be it further Enacted by the Authority aforesaid That if any Person that now is or hereafter shall be a Peer of this Realm or Member of the House of Peers or Member of the House of Commons shall presume to do any thing contrary to this Act or shall offend in any of the Cases aforesaid That then every such Peer and Member so offending shall from thenceforth be deemed and adjudged a Popish Recusant Convict to all intents and purposes whatsoever and shall forfeit and suffer as a Popish Recusant Convict and shall be disabled to hold or execute any Office or Place of Profit or Trust Civil or Military in any of His Majesties Realms of England or Ireland Dominion of Wales or Town of Berwick upon Tweed or in any of His Majesties Islands or Foreign Plantations to the said Realms belonging and shall be disabled from thenceforth to Sit or Vote in either House of Parliament or make a Proxy in the House of Peers or to Sue or Use any Action Bill Plaint or Information in course of Law or to prosecute any Suit in any Court of Equity or to be Guardian of any Child or Executor or Administrator of any person or capable of any Legacy or
Deed of Gift and shall forfeit for every wilfull Offence against this Act the sum of Five hundred pounds to be recovered and received by him or them that shall Sue for the same and to be prosecuted by any Action of Debt Suit Bill Plaint or Information in any of His Majesties Courts at Westminster where no Essoign Protection or Wager of Law shall lie And be it further Enacted by the Authority aforesaid That from the said First day of December it shall and may be lawfull to and for the House of Peers and House of Commons or either of them respectively as often as they or either of them shall see occasion either in this present Parliament or any other hereafter to be holden to Order and Cause all or any of the Members of their respective Houses of Parliament openly in their respective Houses of Parliament to Take the said Oaths and to Make and Subscribe the said Declaration at such times and in such manner as they shall appoint And if any Peer shall contrary to such Order made by their said House wilfully presume to Sit therein without Taking the said Oaths and Subscribing the said Declaration 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 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 Proceeding 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 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 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 Kings or Queens Majesty not having before that time duely Taken the Oaths and Made and Subscribed the Declaration contained in an Act Entituled 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 Majesties High Court of Chancery in the manner aforesaid either in the next Term after the said First day of December or in the next Term after any such Person 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 Kings or Queens Majesty or shal 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 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 Queens 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 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 duely provided for that purpose by the Clerk of the House of Lords and the Clerk of the House of Commons and by 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 impowred 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 duely demanding the same according to the directions purport and meaning of this present Act. Provided alwayes that this Act nor any thing herein contained shall extend to the prejudice of any person for coming into or remaining in the presence of the King or Queens Majesty who shall first have Licence so to do by any Warrant under the Hands and Seals of six or more Privy Councellors by Order of His Majesties 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 without Fee or Reward and no person be Licenced for above the number of thirty dayes in any one year Provided nevertheless That if any Offender contrary to this Act shall at any time after such Offence take the said Oaths and make and subscribe the said Declaration in His Majesties High Court of Chancery and in the manner aforesaid Every such person shall be from thenceforth freed and discharged of and from all Seisures Penalties and Losses which 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 Provided alwayes That nothing in this Act contained shall extend to His Royal Highness the Duke of York FINIS