Page:Ruffhead - The Statutes at Large - vol 4.djvu/137

A. D. 1701. Anno decimo tertio Gulielmi III. C. 4. 85 IX. Provided alio. That nothing herein contained fhall be conftrued to extend to any Pcrfon in his Peif^ns on boaiJ IMajefty's Service on board the Fleet, or beyond the Seas, or who fhall go beyond the Seas in his Majefty's 'he Fleet, &c. tc Service before the twentieth Day of May in the Year of our Lord one thoufand feven hundred and twro, three f^onths '" fo as fuch Perfon take the faid Oath, and fubicribe thereunto as aforefaid, according to the Appointment afts, Kewrn! of this Aft, w^ithin three Months after his Return into England. X. And be it further enafted by the Authority aforefaid, That from and after the five and twentieth No Peer or Day of March in the Year of our Lord one thoufand feven hundred and two, no Perfon that now is. Member of thi or hereafter fhall be a Peer of this Realm, or Member of the Houfe of Peers, fhall vote or make his ^oufeof Com- Proxy in the Houfe of Peers, or fit there during any Debate in the faid Houle of Peers; nor any Perfon ^^°j?j f^i'ther that now is^ or hereafter fhall be a Member of the JHoufe of Commons, fhall vote in the Houfe of Com- Houfe'"unle "he mons, or fit there during any Debate in the laid Houfe of Commons, after their Speaker is chofen, u.itil taks the Oaiby fuch Peer or Member fhall from Time to Time relpeftively take the Oath aforefaid, and fubfcnbe the &«. fame in Manner following (that is to fay) the faid Oath (hall be in this and every fucceeding Parliaxent folemnly and publickly made and fubfcribed, between the Hours of Nine in the Morning and Four in tiie Afternoon, by every fuch Peer and Member of the Houfe of Peers, at the Ti.b}e in the Middle of the laid Houfe, before he take his Place in the faid Houfe of Peers, and whilft a full Houfe of Peers is there, with their Speaker in his Place; and by every fuch Member of the Houfe of Commons, at the Table in the Middle of the faid Houfe, and whilft a full Houfe of Commons is there duly fitting, with their Speaker in his Chair. XL And be it further enafted, That if any Perfon that now is,; or hereafter fhall be a Peer of this Penalty on Pe«  Realm, or Member of the Houfe of Peers, or Member of the Houfe of Commons, in this- or any fuc- or Member, 4*. ceeding Parliament, fhall after the faid five and twentieth Day of March prefume to vote, or make his Proxy, not having taken the faid Oath, and fubfcribed the fame as aforefaid, every fuch Peer or Member fo offending fhall from thenceforth be deemed and adjudged a Popifh Recufant Convift, to all Intents and Purpofes whatfoever, and fhall forfeit and fufter as a Popifh Recufant Convift, and Ihall be difabled ta hold or execute any Office'or Place of Profit or Truft, Civil or Military, in any of his Ma>efty's Realms of England or Ireland, Dominion of Wales, or Town oi Berwick upon Tweed, or in any of his Majefty's Iflands or Foreign Plantations to the faid Realirs belonging, and fhall be difabled from thenceforth to fit or vote in either Houfe of Parliament, or make a Proxy in the Houfe of Peers, or to fue or ufe any Aftion, Bill, Plaint or Information, in Courfe of Lav/, or to profecute any Suit in any Court of Equity^ or to be Guardian of any Child, or Executor or Adminiftrator of any Perlbn, or capable of any Legacy or Deed of Gift, and fhall forfeit for every wilful Offence againft this Aft the Sum of five hundred Pounds, to be recovered and received by him or them that fhall fue for the fame, and to be profecuted by any Aftion of Debt, Suit, Bill, Plaint or Information, in any of his Majefty's Courts at Wejiminjhr, wherein no Effoin, Proteftion or Wager of Law fhall lie. XII. Provided always. That neither this Aft, nor any thing therein contained, fjiall extend, be judged, AflnM to vacate or interpreted to take away or make void, any Office of Inheritance, fo as fuch Perfon or Perfons having any Office of In- an Office of Inheritance do or fhall fubttitute and appoint his or their Deputy or Deputies, according ^"'"""' *<^- to a Provifo in the Aft made in the five and twentieth Year of the Reign of King Charles the Second 25 Car. 2. c. 2, (intituled. An An for fr eventing Dangers which may happen from Popifh Recufants) and lb as fuch Deputy or Deputies do take and fubfcribe the Oath in and by this prefent Aft required and exprelTed, and fo - as fuch Deputy- or Deputies be from Time to Tim.e approved of by the King's Majefty, under his Privy Signet. XIII. And be it further enafted, That it fhall and maybe lawful to and for any Perfon or Perfons Perfons an tfio- lawfully authorized to adminifter or tender the Oaths, mentioned and appointed to be taken by an Aft ".^^"^ '° ^^'"'- of Parliament made in the firft Year of the Reign of his prefent Majefty and of the late Q^ieen, intituled, " w'^ J m ^ff'* An ASi fo7- the abrogating the Oaths of Supremacy and Allegiance.) and appointitrg other Oaths, to adminifter 5. g^' and tender the Oath herein before appointed to be taken, to any Perlbn or Perfons whatfoever; and if . any Pcrfon or Perfons, to whom the faid Oath fhall be fo tendred, fhall negleft or refufe to take the fame, the Perfon and Perfons tendring the faid Oath fliall certify the Refufal thereof to the next Quarter- Seffions of the County, Riding, Liberty, Borough, Town Corporate or Place, in which fuch Refufal fliall be made; and the faid Refufal fliall be recorded amongft the Rolls of that Seffions, and fhall be Refiifals to be from thence certified by the Clerk of the Peace of fuch County, Riding, Liberty, Borough, Town recorded. Corporate or Place, into his Majefty's Court of Chancery or King's Bench, there to be recorded amongft the Rolls of the fiiJ Courts, in a Roll or Rolls there to be provided and kept for that Purpofe only. XIV. Provided always, That this Aft, or any thing therein contained, fhall not extend to the Office Not to extend of any High Conftable, Petty Conftable, Tithingman, Headborough, Overfeer of the Poor, Church- to High orPetty wardens. Surveyors of the Highways, or any like inferior Civil Office, or to any Office of Forefter, ^^on^^ti'") ^'^- » or Keeper of any Park, Chai'e, Warren, or Game, or Bailift' of any Manor or Lands, nor to any like - ■ "private Offices, nor to any Perfon or Perfons having only any the before- mentioned or the like Offices. XV. And be it further enafted by the Authority atorefaid,. That if any Perfon or Perfons, at any High Tresfon to Time after the five and twentieth Day of March one thoufand kvtn hundred and tv/o, fliall compafs or fn^P^'S orima-, iniagine the Death of her Royal Highiiefs the Prihcefs A^f^rE of Denmark, or endeavour to deprive or ^["the^princaft hinder her from fucceeding to the Imperial Crown of this Realm, and the Dominions and Territories Anne of Deo- thereunto belonging, after the Demife of his Majefty (whom God long preferve) and the fame malici- :r.irk, &c, oujly, advifedly, and direftly fhall attempt, by any Overt Aft or Deed, every fuch Offence ihall be ad- judged High 'I'l-eafon, and the Offender and Offenders therein, their Abettors, Procurers, and Coun- lellors, and all and every their Aiders and Comforters., knowing the faid Offence to be done, being thej-eof convifteii