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them warning, and declare, we will proceed against them with all imaginable severity: and we will let them see, we can be as severe to punish such offenders, when so justly provoked, as we are indulgent to truly tender consciences.

228. Test Act

(1673, March 29. 25 Charles II. c. 2. 5 S. R. 782. The whole reprinted in G. and H. pp. 632-640.)

FOR

OR preventing dangers which may happen from popish recusants and quieting the minds of His Majesty's good subjects be it enacted by the king's most excellent Majesty, by and with the advice and consent of the lords spiritual and temporal and the commons in this present parliament assembled, and by authority of the same, that all and every person or persons, as well peers as commoners, that shall bear any office or offices, civil or military, or shall receive any pay, salary, fee or wages by reason of any patent or grant from His Majesty, or shall have command or place of trust from or under His Majesty, or from any of His Majesty's predecessors, or by his or their authority, or by authority derived from him or them, within the realm of England, dominion of Wales or town of Berwick upon Tweed, or in His Majesty's navy, or in the several islands of Jersey and Guernsey, or shall be of the household or in the service or employment of His Majesty, or of His Royal Highness the duke of York, who shall inhabit, reside or be within the city of London or Westminster or within thirty miles distant from the same, on the first day of Easter term that shall be in the year of our Lord, one thousand six hundred seventy-three, or at any time during the said term, all and every the said person and persons shall personally appear before the end of the said term, or of Trinity term next following, in His Majesty's high court of chancery or in His Majesty's court of king's bench, and there in public and open court, between the hours of nine of the clock and twelve in the forenoon, take the several oaths of supremacy and allegiance, which oath of allegiance is contained in the statute made in the third year of King James, by law established, and during the time of the taking thereof by the said person and persons all pleas and proceedings in the said respective courts shall cease; and that all and every of the said respective persons and officers, not having taken the said oaths in

the said respective courts aforesaid, shall on or before the first day of August, one thousand six hundred seventy-three, at the quarter sessions for that county or place where he or they shall be, inhabit or reside on the twentieth day of May, take the said oaths in open court between the said hours of nine and twelve of the clock in the forenoon; and the said respective officers aforesaid shall also receive the sacrament of the Lord's Supper according to the usage of the Church of England, at or before the first day of August, in the year of our Lord one thousand six hundred and seventy-three, in some parish church, upon some Lord's day, commonly called Sunday, immediately after divine service and sermon. II. And be it further enacted by the authority aforesaid, that all and every person or persons that shall be admitted, entered, placed or taken into any office or offices civil or military, or shall receive any pay, salary, fee or wages by reason of any patent or grant of His Majesty, or shall have command or place of trust from or under His Majesty, his heirs or successors, or by his or their authority, or by authority derived from him or them, within this realm of England, dominion of Wales or town of Berwick upon Tweed, or in His Majesty's navy, or in the several islands of Jersey and Guernsey, or that shall be admitted into any' service or employment in His Majesty's or royal highness's household or family after the first day of Easter term aforesaid, and shall inhabit, be, or reside, when he or they is or are so admitted or placed, within the cities of London or Westminster or within thirty miles of the same, shall take the said oaths aforesaid in the said respective court or courts aforesaid, in the next term after such his or their admittance or admittances into the office or offices, employment or employments aforesaid, between the hours aforesaid and no other, and the proceedings to cease as aforesaid; and that all and every such person or persons to be admitted after the first day of Easter term as aforesaid, not having taken the said oaths in the said courts aforesaid, shall at the quarter sessions for that county or place where he or they shall reside, next after such his admittance or admittances into any of the said respective offices or employments aforesaid, take the said several and respective oaths as aforesaid; and all and every such person and persons so to be admitted as aforesaid shall also receive the sacrament of the Lord's Supper, according to the usage of the Church of England, within three months after his or their admittances in, or receiving their said authority and employment, in some public church upon some Lord's day, commonly called Sunday, immediately after divine service and sermon.

III. And every of the said persons in the respective court where he takes the said oaths shall first deliver a certificate of such his receiving the said sacrament as aforesaid, under the hands of the respective minister and churchwarden, and shall then make proof of the truth thereof by two credible witnesses at the least upon oath, all which shall be inquired of and put upon record in the respective courts.

IV. And be it further enacted by the authority aforesaid, that all and every the person or persons aforesaid, that do or shall neglect or refuse to take the said oaths and sacrament in the said courts and places, and at the respective times aforesaid, shall be ipso facto adjudged incapable and disabled in law to all intents and purposes whatsoever to have, occupy or enjoy the said office or offices, employment or employments, or any part of them or any matter or thing aforesaid, or any profit or advantage appertaining to them or any of them, and every such office and place, employment and employments shall be void, and is hereby adjudged void.

V. And be it further enacted, that all and every such person or persons that shall neglect or refuse to take the said oaths or the sacrament as aforesaid, within the times and in the places aforesaid, and in the manner aforesaid, and yet after such neglect or refusal shall execute any of the said offices or employments after the said times expired, wherein he or they ought to have taken the same, and being thereupon lawfully convicted in or upon any information, presentment or indictment in any of the king's courts at Westminster, or at the assizes, every such person and persons shall be disabled from thenceforth 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, or to bear any office within this realm of England, dominion of Wales or town of Berwick upon Tweed, and shall forfeit the sum of five hundred pounds, to be recovered by him or them that shall sue for the same, 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.

IX. And be it further enacted by the authority aforesaid, that at the same time when the persons concerned in this act shall take the aforesaid oaths of supremacy and allegiance, they shall like

wise make and subscribe this declaration following, under the same penalties and forfeitures as by this act is appointed:

I, A. B., do declare, that I do believe that there is not any transubstantiation in the sacrament of the Lord's Supper, or in the elements of bread and wine, at, or after the consecration thereof by any person whatsoever.

X. Of which subscription there shall be the like register kept as of the taking of the oaths aforesaid.

229. Resolution concerning the Royal Pardon in Bar of Danby's Impeachment

THE

(1679, May 5. Cobbett's Parliamentary History, iv. 1129.)

HE commons resolved: "That it was the opinion of this house, that the pardon pleaded by the earl of Danby was illegal and void, and ought not to be allowed in bar of the impeachment of the commons of England." After which, Mr. Speaker, with the whole house, went up to the lords' bar, and demanded judgment against the earl in these words:

"My lords; the knights, citizens and burgesses, in parliament assembled, are come up to demand judgment, in their own names, and the names of all the commons of England, against Thomas, earl of Danby, who stands impeached by them before your lordships of hightreason, and divers high crimes and misdemeanors; to which he has pleaded a pardon: which pardon the commons conceive to be illegal and void; and therefore they do demand judgment of your lordships accordingly."

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(1679, May 15. Cobbett's Parliamentary History, iv. 1136.)

MAY 15. The Exclusion Bill was called for and read the first

time. It set forth, after the particulars of the execrable conspiracy: "That the emissaries, priests and agents for the pope had traitorously seduced James, duke of York, presumptive heir to these crowns, to the communion of the church of Rome; and

had induced him to enter into several negotiations with the pope, his cardinals and nuncios, for promoting the Romish church and interest; and by his means and procurement, had advanced the power and greatness of the French king, to the manifest hazard of these kingdoms. That by descent of these crowns upon a papist, and by foreign alliances and assistance, they might be able to succeed in their wicked and villainous designs." Then, after another preamble, they enacted to this effect: 1. "That the said James, duke of York, should be incapable of inheriting the crowns of England, Scotland, and Ireland, with their dependencies; and of enjoying any of the titles, rights, prerogatives and revenues belonging to the said crowns. 2. That in case his majesty should happen to die, or resign his dominions, they should devolve to the person next in succession, in the same manner as if the duke was dead. 3. That all acts of sovereignty and royalty that prince might then happen to perform, were not only declared void, but to be high treason, and punishable as such. 4. That if any one, at any time whatsoever, should endeavour to bring the said duke into any of the fore-mentioned dominions, or correspond with him in order to make him inherit, he should be guilty of high treason. 5. That if the duke himself ever returned into any of these dominions, considering the mischiefs that must ensue, he should be looked upon as guilty of the same offense; and all persons were authorized and required, to seize upon and imprison him; and in case of resistance made by him or his adherents, to subdue them by force of arms.”

231. Habeas Corpus Act

(1679, May 26. 31 Charles II. c. 2. 5 S. R. 935. Stubbs, Select Charters, 517-521.)

WHE

WHEREAS great delays have been used by sheriffs, gaolers and other officers, to whose custody any of the king's subjects have been committed for criminal or supposed criminal matters, in making returns of writs of Habeas Corpus to them directed by standing out an Alias and Pluries Habeas Corpus and sometimes more, and by other shifts to avoid their yielding obedience to such writs, contrary to their duty and the known laws of the land, whereby many of the king's subjects have been and hereafter may be long detained in prison in such cases where by law they are bailable, to their great charge and vexation.

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