(2) nor any person that now is or hereafter shall be a member of the house of commons, shall vote in the house of commons nor sit there during any debate in the said house of commons after the speaker is chosen; (3) until such peer or member shall, from time to time respectively, and in Oaths see 1 W. manner following, first take the several oaths of allegiance and supremacy, and make, subscribe, and audibly repeat this declaration following: For these and M. sess. 1. c. 1. s. 3. &c. The declara tion. 3. I, A. B. do solemnly and sincerely, in the presence of God, profess, testify, and declare, that I do believe that in the Sacrament of the Lord's Supper, there is not any transubstantiation of the elements of bread and wine into the body and blood of Christ, at or after the consecration thereof by any person whatsoever; (2) 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 This declara church of Rome, are superstitious and idolatrous. (3) And tion to be sub- I do solemnly, in the presence of God, profess, testify, and scribed by all professed declare, that I do make this declaration and every part Papists at their age of 18, thereof, in the plain and ordinary sense of the words read by 1 Anna st. 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 nul or void from the beginning.' 1. c. 32. s. 7. The time and 4. WHICH said oaths and declarations shall be in this and every succeeding parliament, solemnly and publicly made and subscribed betwixt the hours of nine in the morning and four in the afternoon, by every such peer and memplace of tak ber of the house of peers, at the table in the middle of the ing the oaths and making said house, before he take his place in the said house of and subscribing the decla- peers, and whilst a full house of peers is there with their speaker in his place; (2) 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 duly sitting with their speaker in his chair; (3) and that the same be done in either house, in such like order or method as each house is called over by respectively. ration. Members of 5. AND be it further enacted, That from and after the said first day of December, every peer of this realm and and declaring member of the house of peers, and every peer of the kingas aforesaid, dom 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; (2) and every member of the said house of commons not having as aforesaid taken the said oaths, and made and subscribed the said declaration; (3) and every person now or hereafter convicted of Popish recusancy, (4) who hereafter and recusants queen's pre ence. shall at any time, after the said first day of December, come advisedly into or remain in the presence of the king's majesty, 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 (whose life God long preserve) as during the reigns of any of his royal successors kings or queens of England; (5) shall incur and suffer all the pains, penalties, forfeitures, and disabilities, in this act mentioned or contained; (6) 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 majesty's high court of chancery between the hours of nine and twelve in the forenoon. upon mein 6. 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 of fending, shall from thenceforth be deemed and adjudged a The penalty Popish recusant convict to all intents and purposes whatsoever; (2) and shall forfeit and suffer as a Popish recu- bers of parlia ment offendsant convict; (3) and shall be disabled to hold or execute ing contrary any office or place of profit or trust, civil or military, in any to this act. of his majesty's realms in England or Ireland, dominion of Wales, or town of Berwick upon Tweed, or in any of his majesty's islands, or foreign plantations to the said realms belonging; (4) and shall be disabled from thenceforth to sit or vote in either house of parliament, or make a proxy in the house of peers, (5) 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, (6) or to be guardian of any child, or executor or administrator of any person, (7) or capable of any legacy or deed of gift, (8) and shall forfeit for every wilful 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 majesty's courts at Westminster, wherein no essoin, protection, or wager of law shall lie. Either house members to aforesaid. 7. AND be it further enacted by the authority aforesaid, lament That from the said first day of December, it shall and may may cause be lawful, to and for the house of peers and house of com- any of their mons, or either of them respectively, as often as they or swear and either of them shall see occasion, either in this present parsubscribe as liament, 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. (2) 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 The places 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; (3) 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 parlia ment. 8. 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 of members of conviction or other proceedings against such member or the house of members, the place or places for which they or any of abled to vote, them were elected, be hereby declared void; (2) and a new shall be void writ or writs shall issue out of the high court of chancery sued out for by warrant or warrants from the speaker of the house of new elections.commons for the time being, and by order of the said house, commons, dis and writs is Recommendations of members to the cinque ports void. for the election of a new member or members to serve in the house of commons, in the place or places of such mem. ber or members so disabled, to all intents and purposes, as if such member or members were naturally dead. ANNO 20 GULIELMI ET MARIE, SESS. 1. CAP. 7. An Act to declare the Right and Freedom of Election of "WHEREAS the election of members to serve in parliament ought to be free; and whereas the late lord wardens of the cinque ports have pretended unto, and claimed as of right, a power of nominating and recommending to each of the said cinque ports, the two ancient towns, and their respective members, one person whom they ought to elect to serve as a baron or member of parliament for such respective port, ancient town, or member, contrary to the ancient usage, right and freedom of elections :' 2. BE it therefore declared and enacted, &c., That all such nominations or recommendations were and are contrary to the laws and constitution of this realm, and for the future shall be so deemed and construed, and hereby are declared to have been, and are, void to all intents and purposes whatsoever; any pretence to the contrary notwithstanding. ANNO 50 GULIELMI ET MARIE, CAP. 7. An Act for granting to their Majesties certain Rates and Duties upon Salt, and upon Beer, Ale, and other Liquors, for securing certain Recompences and Advantages in the said Act mentioned, to such Persons as shall voluntarily advance the Sum of Ten Hundred Thousand Pounds towards carrying on the War against France. A. D. 1694. 57. PROVIDED always, and be it enacted by the authority aforesaid, that no member of the house of commons shall at any time be concerned directly or indirectly, or any other in trust for him, in the farming, collecting, or managing any of the sums of money, duties, or other aids, granted to their majesties by this act, or that hereafter shall be granted by any other act of parliament; except No members, the commissioners of the treasury, and the officers and except comcommissioners for managing the customs and excise, not missioners of treasury and exceeding the present number in each office, and those land tax and appointed to be commissioners for putting in execution an T. Neale, to act, intitled, an act for granting to their majesties an aid of four shillings in the pound for one year, for carrying on a vigorous war against France, as to their executing only the authority of the said act, by which they are appointed commissioners. Provided always, That Thomas Neale, esq. may be employed by their majesties as they shall think fit, in the ordering, or managing the several recompences and advantages hereby given to the contributors upon this act, any thing in this act contained to the contrary notwithstanding. ANNO 5o GULIELMI ET MARIE, CAP. 20. An Act for granting to their Majesties several Rates and 33. AND whereas by an act of this present session of parliament, intitled, an act for granting to their majesties certain rates and duties upon salt and upon beer, ale, and other liquors, for securing certain recompences and advantages, in the said act mentioned, to such persons as shall voluntarily advance the sum of ten hundred thousand pounds towards carrying on the war against France;' it is enacted, That no member of the house of commons shall at any time be concerned in the farming, collecting, or managing any sum or sums of money, duties, or other aids, by the said act, or any other act of parliament, granted, or to be granted to their majesties, except the persons in the said act excepted; and whereas some doubts may be farmers. arise, whether any member or members of parliament may be concerned in the corporation to be erected in pursuance of this act be it therefore declared and enacted by the Members may authority aforesaid, That it shall and may be lawful to, be concerned and for, any member or members of the house of commons, to be a member or members of the said corporation for the purposes in this act mentioned; any thing in the said recited act contained to the contrary in any wise notwithstanding. in the corporation. 48. AND to the end the great duties of excise, and the powers given for the collecting and levying the same, may not be employed for the influencing of elections of members to serve in parliament, which elections, by the constitution of this government, ought to be free and uncorOfficers in the rupt; be it enacted by the authority aforesaid, That from excise not to and after the first day of May, in the year of our Lord, choice of mem- 1694, no collector, supervisor, guager, or other officer, or persuade in bers. Penalty. person whatever concerned or employed in the charging, collecting, levying, or managing the duties of excise or any branch or part thereof, shall, by word, message, or writing, or in any other manner whatsoever endeavour to persuade any elector to give, or dissuade any elector from giving, his vote for the choice of any person to be a knight of the shire, citizen, burgess, or baron of any county, city, borough, or cinque port, to serve in Parliament, and every officer or other person offending therein shall forfeit the sum of one hundred pounds, one moiety thereof to the informer, the other moiety to the poor of the parish where such offence shall be committed, to be recovered by any person that shall sue for the same, by action of debt, bill, plaint, or information in any of their majesties courts of record at Westminster, in which no essoin, protection, privilege, or wager of law, or more than one imparlance shall be allowed; and every person convict, on any such suit, of the said offence, shall thereby become disabled and incapable of ever bearing or executing any office or place concerning or relating to the duty of excise, or any other office or place of trust whatsoever under their majesties, their heirs or successors. ANNO 60 GULIELMI ET MARIÆ, Cap. 2. An Act for the frequent meeting and calling of Parliaments. 'WHEREAS by the ancient laws and statutes of this kingdom frequent parliaments ought to be held; and whereas frequent and new parliaments tend very much to the happyunion and good agreement of the king and people;' We your majesties most loyal and obedient subjects, the lords spiritual and temporal and commons in this present parliament assembled, do most humbly beseech your most excellent majesties that it may be declared and enacted in this present parliament; and it is hereby declared and |