Page:Ruffhead - The Statutes at Large - vol 5.djvu/74

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34- C. 13. Anno primo Georgii Regis. Stat. 2. A. D. 17 14. dent of the Meeting, making up of the Rolls, or of any Member to ferve in the Houfe of Commons for any Place in Scotland, op ■ Commiffioner to ehoofe a Burgefs for any Place there ; and further, that by no Words in the faid Oath* or Oaths, formerly impofed, contained, it is or was meant to oblige his Maje- fty's faid Subjects to any Act or Acts any ways inconfiftent with the Eftablifhment of the Church of Shet- land, according to Law. {/ Heads, fee. of V. And be it alio further enacted by the Authority aforefaid,, That all Heads, Matters, and Members Colleges, &c, in f Colleges, Halls, or Claffes in the Uniyerfities of St. Andreiv, Glafgow, Aberdeen, and Edinburgh,, and Scofe.id,tptak 1 e i j|- a jj Probationers or Licentiates of Divinity, before they enter upon their Trials, or obtain Licences. t ; e at s. _ tQ preach, and all Schoolmafters in Scotland, lhall take and fubferibe the aforefaid Oaths, and fubferibe the aforefaid Aflurance appointed to be taken for Offices, Civil and Military, and other. Caufes in Scotland, be- fore fuch Judges, and obtain fuch Certificates, as in and by this Act, or the Acts whereunto. Relation is hereby had, directed. '• ' . • Not to extend to <VI. Provided, That nothing in this Act contained fhall extend to any Perfon now beyond the Seas,. Pefions beyond who by virtue of this Act ought to take the faid Oaths, fo as fuch Perfon do, within three Months after Sea > wll ° tjke his Return to Great Britain, takethefaid Oaths, and fubferibe thereunto according to the Appointment o£ ti« Oaths in thjs Aft _ ' . ' <= after 6 they're- > VII. And be it further enacted by the Authority aforefaid, That all and every the Perfon and Perfons, turn. aforefaid, that do or fhall neglect or refufe to take the faid Oaths, and fubferibe thereto, as aforefaid, in, Penalty of refu-fhe faid Courts and Places, and at the respective Times aforefaid, fhall be ipfo facto adjudged incapable,, fmg the Oaths. an( j rjifabled in Lav/, to all Intents and Purpofes whatfoever, to have, occupy or enjoy the faid Office or. Offices, Imployment or Imployments, or any Part of them, or any Matter or Thing aforefaid, or any. Profit or Advantage appertaining to them, or any of them ; and every fuch Office or Place, Imployment or Imployments, lhall be void, and is hereby adjudged void. ' Penalty of aft- ■ VIII. And be it further enacted, That all and every fuch Perfon and Perfons: who fhall neglect and re- ins a s Officers, f u f e to f^g trie fajj Oaths, within the Times, and at the Places aforefaid, and yet after fuch Neglect or tafc." ""theOa'ths R- eIu f a l fhall, by himfelf or themfelves, his or their Deputy, or Truftee, execute any of the faid Offices 'or Imployments after the faid Time is expired, wherein he or they ought to have taken the faid Oaths ac- cording to the true Intent and Meaning of this Act,, and being thereof lawfully convicted in or upon any Information, Prefentment or Indictment, in any of the King's Courts at Wejlminfter, or at the A'ffizes, ' upon Profecution before the Court of Jufticiary, or Circuits in Scotland, every fuch Perfon or* Perfons fhall be difabled from thenceforth to fue or ufe any Action, Bill, Plaint, or Information i.n any Court of 'Law, or to profecute any Suit in any Court of Equity, or to be Guardian of any Child, or Executor, or Adminiifrator of any Perfon^ or capable of any Legacy, or Deed of Gift, or to be in any Office /within this Realm of Great Britain, or to vote at any Election for Members to ferve in 'Parliament,, and. fhall -forfeit the Sum of five hundred Pounds, to be recovered by him or them that fhall fue for the fame, to be

  • • profecuted by any Action of Debt, Suit, Bill, Plaint, or Information, in any of his Majefty's Courts at

• - . 'Wejlminfter, wherein no EfToin, Protection, or Wager of Law fhall lie, or any more than one Impar- lance, and byway of fummar Complaint before the Court of Seffions, or Profecution .before the' Court

of Jufticiary in Scotland. '

Perfons taking ' IX. And be it further enacted, That it fhall and may be lawful, to and for the refpe&ive Courts afore - the Oaths to . faid, to give and adminifter the Oaths aforefaid, to the Perfon and Perfons aforefaid, and upon due Tender pay is. and a . f. a ny Perfon or Perfons to. take the faid Oaths, the faid Courts are hereby required and enjoined to ad- Kegiiierto be mm ;fl- er (- ne fame; for the taking and fubferibing the faid Oaths the proper Officer fhall have, take arid'receive their Names. °f every Perfon, fo taking and fubferibing the faid Oaths, the Sum of two Shillings, and no more ;' of the taking and fubferibing whereof a Regifter fhall be kept in a Book to be provided for that Purpofe, by the . proper Officer, where the Names of all fuch Perfons, who fhall take and fubferibe the faid Oath's, fhall be fairly written, and when they took and fubferibed the fame, to which faid Regifter any Perfon may refort, and infpedt the fame without Fee or Reward. Two Juftices, X. And be it further enacted, That it fhall and may be lawful to and for two or more Juftices of Peace, &c. may tender or an y other, Perfon or Perfons who fhall be by his Majefty for that Purpofe fpecially appointed, by Or- i' h efted Perfons ^ ' n t ^ le ^ riv V Council, or by Commiffion under the Great Seal, to adminifter and tender the Oaths pe e ero ->. herein before appointed to be taken, to any Perfon or Perfons whatfoever, whom they 'fhall or may fufpedt to be dangerous or difaffected to his Majefty or his Government ; and if any Perfon or Perfons to whom the faid Oaths fhall be fo tend red, fhall neglect or refufe to take the fame, fuch Juftices, or any other ■ and certify the Perfon or Perfons fpecially to be appointed, as aforefaid, tendring the faid Oaths, fhall certify the Refufal m ? Seffions 16 ' tnere °f . to the -next Quar,ter-Seffions of the County, Riding;, Liberty, City, Borough, Town-corporate nex , e ion , . <jr pj ac g< m - which f ucn Refufal fhall be made ; and the faid Refufal fhall be recorded amongft the Rolls of" that Seffioils, and fhall be from thence certified by the Clerk of the Peace of fuch County, Riding, Liber- tobethence" tyv City, Borough, Town 7 corporate or Place, into his Majefty's Court of Chancery of King's. Bench, eertified'iii the Court ' of Seffions, tbr Court of Jufticiary in Scdtland, there to be recorded amongft the. Roils of the' faid Chancery, &c. Courts, in a Roll or Rolls there to be provided and kept for that Purpofe only, and that every Perfon fo fofin^'to'bWd neglecting or refilling to take the faid Oaths, fhall be from the Time of his Neglect or Refufalj taken, judged Pooiih ■' e fteemed and adjudged a Popifh Recufant convict, and as fuch to forfeit and be proceeded againft. Kecufants'con- : ' XL '■ And- to the Intent and Purpofe, that no Perfon may avoid taking the feveral Oaths in this Act vict. .' particularly mentioned, -upon any Pretence whatfoever ;' - Be, it further enacted by the Authority jlfore- Punifhment of fold That it fhall and may be lawful unto and for two or more Juftices of the Peace, or'any •other' fuch Pyfousfum- 3 .p erfoa