Declaration against transub stan to be made, s. 4. When and where tuken. s. 6. Penalty for neglect. ber shall first take the oaths of allegiance and supremacy, (since altered by the 1 W. & M. st. 1. c. 8. Eng. post ch. 10.) and make, subscribe, and audibly repeat the following declaration : "I, A.B. do solemnly and sincerely, in the pre sence of God, profess, testify, and declare, that I do be"lieve, 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; and "that the invocation or adoration of the Virgin Mary, or 66 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, testify, and declare, that I do make this "declaration, and every part thereof, in the plain and 66 86 66 66 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 "C same, or declare that it was null or void from the beginning." Which oaths and declaration are, by s. 4. to be solemnly and publicly made and subscribed, between the hours of 9 in the morning and 4 in the afternoon, by every such peer at the table in the middle of the house of peers, whilst a full house is there, with their speaker in his place; and by every member of the house of commons, whilst a full house is there sitting, with their speaker in his chair; and the same shall be done as each house is called over respectively. And by s. 6. any peer, or member of either house,who shall offend contrary to this act, shall be adjudged a popish recusant convict, and forfeit and suffer accordingly; and be disabled to hold or execute any office or place, of profit or trust, civil or military, in England or Ireland, Wales, Berwickupon 1 s. 7. s. 8.. upon Tweed, or any islands or foreign plantations belonging to the realin; and also be disabled from thenceforth to sit or vote in either house of parliament, or to make a proxy in the house of peers, or to sue or use any action, bill, plaint, or information in 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 wilful offence against this act, £500. to any person who shall sue for the same by action of debt, &c. at Westminster: And by s. 7. either house of parliament may order any meinber to take such oaths, and to make and subscribe such declaration, at such time, and in such may order memEither house manner, as they shall appoint. And if any peer shall ber to take them. sit in the house of peers contrary to such order, he shall be incapable and disabled in law to sit or give any voice, by proxy or otherwise, in such house, during that parliament; and any member of the house of commons who shall not take said oaths, and subscribe said declaration, shall be disabled from sitting or giving any voice during that parliament. And by s. 8. where any member of the house of commons shall be so disabled to sit or vote in said house, the place of such member ner void, withshall be void, without any further conviction or other out further proceeding. proceedings; and a new writ shall issue out of chancery, by warrant from the speaker, and by order of the house, for the election of a new member in his place. But it is provided by s. 5 & 13. that if any offender against this act shall take the said oaths, and subscribe the said declaration, in chancery, in the next term, between the next term, exTaking paths in hours of 9 and 12 in the forenoon, he shall be discharged empts fromdisafrom the penalties which he might otherwise sustain by virtue of this act as a popish recusant convict, and from all the disabilities and incapacities incurred thereby; but such freedom and discharge shall not extend 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 one year from the taking of such oath, &c., nor to discharge the said forfeiture of £500. By s. 11. during the time of taking the oaths, and making No other proand subscribing the declaration, all other matters and cerding during taking oaths. proceedings, Seat of commo s. 5. & 13. bilities. s. 11. Names recorded. tion to be taken in like manner. proceedings, as well in the said houses of parliament, as in the said court, shall cease; and the said oaths, &c. together with a schedule of the names of the persons who shall take and subscribe the same, shall be made, entered, and filed in parchment rolls, provided for the purpose by the clerk of each house, and by the cle k of the petty bag in chancery: and no peer or member shall pay any greater fee than 12d. to any such clerk, for the entry of taking said oaths, &c.; and the house of peers, house of commons, and court of chancery, are empow ered and required, in the first place, all other business laid aside, to adininister said oaths, &c. to every person duly demanding the same, according to this act. By the : Geo. 1. st. 2. 1 Geo. 1. st. 2. c. 13. s. 16. Eng. no peer, or member c. 13 8.16.Eng. of the house of peers, shall vote or make his proxy in Oath of abjura- the house of peers, or sit there during any debate; nor shall any member of the house of commons vote in the house of commons, or sit there during any debate after their speaker is chosen, until such peer or member shall have taken the oath of abjuration hereby prescribed, (which is since altered by the 6 Geo. 3. c. 53.) together with the oaths of allegiance, and supremacy, and the declaration against transubstantiation. And by s. 17. any peer or member of the house of peers, or member of the house of Penalty for de- commons, who shall presume to vote, or make his proxy, not having taken and subscribed the oath of abjuration herein, shall be disabled to sue any action, bill, plaint, or information, in any court 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 be capable of any legacy or deed of gift, or to be in any office within the realm of Great Britain, or to vote at any election for members of parliament, and shall forfeit £500. to him that shall sue for the same by action of debt, &c. at Westminster, or by way of summar complaint before the court of sessions, or prosecution before the court of Irish members justiciary in Scotland. By this statute s. 33. (as well as required to take the Ann. st.2. c.17.Eng. and 3 W.& M. c. 2. s. 5.Eng.) the same oaths and declaration were likewise required to be repeated and subscribed by the members of par. liament in Ireland: but the authority of these acts to bind fault. 3. 17. the same oaths, c. Irelani c. 48. s. 3. Ir. Ireland was not directly recognized till the 21 & 22 Geo. 3. 21 & 22 Geo. 3. c. 48 Ir. (commonly called Yelverton's act) was passed, by which all clauses and provisions contained in any statutes made in England or Great Britain, which relate to the taking any oath or oaths, or making or subscribing any declaration or affirmation in this kingdom, or any penalty or disability for omitting the same, shall be accepted, used, and executed in this kingdom, according to the tenor of the same respectively. And it is provided by the 4th article contained in the act for the union of Great Britain and Ireland, (40 Geo. 3. c. 38. Ir. & 40 Geo. 3. 40 Geo.3. c.38. c. 67. Eng.) that every lord of parliament of the united 40 Geo.3. c.67. kingdom, and every member of the house of commons, shall, until the parliament of the united kingdom shall Imperial parlia otherwise provide, take the oaths and make and subscribe met. the declaration, and take and subscribe the oath now by law enjoined to be taken, &c. by the lords and commons of the parliament of Great Britain; but no penalty is thereby expressly imposed on any member who shall be guilty of any default in this respect. A further incapa Ir. Eng city to sit or vote in parliament, is created by the 12 & 12 & 13 W. 3. 13 W. S. c. 2. s. 3. Eng, which excludes persons born c. 2. s. 3. Eng. out of England, Scotland, or Ireland, or the dominions Aliens, &c. exthereunto belonging, although naturalized or made de- cluded. nizens, except such as are born of English parents, from c. 29 Ir. c. 2. Eng. being members of either house of parliament. The 19 & 20 19 & 29 Geo. 3. Geo. 3. c. 29. Ir. which will be more particularly stated in another place, contains a similar or analogous provision. X. With respect to the privileges of parliament. It is § 10. one which is common to the members of the house of Privileges of parliament. lords and house of commons, that the freedom of speech, iw. & M. st. 2. and debates or proceedings in parliament, ought not to be impeached or questioned in any court or place out of parliament, which is one of the provisions of the bill of rights, 1 W. & M. st. 2. c. 2. Eng. As to the peculiar protection afforded to members of parliament from assaults, the statutes which relate to this subject are reserved for a subsequent part of this work; and those statutes which concern their privileges in civil actions or suits, seem to fall more properly under consideration in the s. 2. I. Act. the third part of this Digest; but with respect to cri 45 Geo. 3. c. 4. minal process it may be here observed, that the 45 Geo. 3. c. 4. s. 2. I. as well as the prior statutes which have Saving in sta- from time to time suspended the Habeas Corpus Act in tutes suspending Habeas Corpus England, as well as Ireland, contains a provision to the following effect, that nothing therein contained shall be construed to extend to invalidate the ancient rights and privileges of parliament, or to the imprisoning or detaining any member of either house of parliament, during the sitting of such parliament, until the matter of which he stands suspected, be first communicated to the house of which he is a member, and the consent of said house obtained for his commitment or detaining. It is a peculiar privilege which was conferred on the lords of parliament by the Charter of the Forest, 9 Hen. 3. which provides, that it shall be lawful for any archbishop, bishop, earl, or baron, coming to the king by his summons or commandment, or returning, in passing through the king's forests, to take one or two of the king's deer, in view of the forester if he should be present, or otherwise on blowing a horn that he should not seem to do it by stealth. 9 Hen. 3. Privilege of taking deer. $11. 33 Hen. 8. c.21. 8. 3. Eng. Royal assent. XI. With respect to the method of making laws. The Method of mak- 33 Hen. 8. c. 21. Eng. which attainted queen Catharine ing laws. and her accomplices of treason, contains a clause (s. 3.) declaring that the king's royal assent by his letters patent under his great seal, and signed with his hand, and declared and notified in his absence to the lords spiritual and temporal and to the commons assembled together in the high house, is and ever was of good strength and force, as if the king had been then personally present, and had openly assented to the same: and by s. 4. shall be good and effectual to all intents and purposes. By the 33 Geo. 3. c.13. 33 Geo. 3. c. 13. Eng. the clerk of the parliaments shall indorse, in English, on every act of parliament, immediately after the title of such act, the day, month, and year, when the same shall have passed, and shall have received the royal assent; and such indorsement shall be Eng. 3. 4. Time of receiv ing royal assent to be indorsed. taken to be a part of such act, and to be the date of its commencement where no other commencement shall be from such date, therein provided. This statute contains in its preamble a Act in force unless otherwise Reclared. reason |