commencement of this act, a jesuit, or other member of any 10 G. 4, c. 7. such religious order, community, or society as aforesaid, shall, at the time of the commencement of this act, be out of the jesuits, may realm, it shall be lawful for such person to return or to come into return into the kingdom, this realm; and upon such his return or coming into the realm, he and be regisis hereby required, within the space of six calendar months after tered. his first returning or coming into the united kingdom, to deliver such notice or statement to the clerk of the peace of the county or place where he shall reside, or his deputy, for the purpose of being so registered and transmitted as hereinbefore directed; and in case any such person shall neglect or refuse so to do, he shall for such offence forfeit and pay to his majesty, for every calendar month during which he shall remain in the united kingdom without having delivered such notice or statement, the sum of fifty pounds. into the kingdom, voke the same. 31. Provided also, and be it further enacted, that, notwith- Secretaries standing any thing hereinbefore contained, it shall be lawful for of state may licence jeany one of his majesty's principal secretaries of state, being a suits to come Protestant, by a licence in writing signed by him, to grant permission to any jesuit, or member of any such religious order, community, or society as aforesaid, to come into the united kingdom, and to remain therein for such period as the said secretary of state shall think proper, not exceeding in any case the space of six calendar months; and it shall also be lawful and may refor any of his majesty's principal secretaries of state to revoke any licence so granted before the expiration of the time mentioned therein, if he shall so think fit; and if any such person, Refusing to to whom such licence shall have been granted, shall not depart, after depart from the united kingdom within twenty days after the expiration expiration of the time mentioned in such licence; or, if such tion of licence shall have been revoked, then within twenty days after licence; misnotice of such revocation shall have been given to him; every person so offending shall be deemed guilty of a misdemeanor, and being thereof lawfully convicted, shall be sentenced and ordered to be banished from the united kingdom, for the term of his natural life. or revoca demeanor. members of misdemea. 33. That in case any jesuit, or member of any such religious Admitting order, community, or society as aforesaid shall, after the com- persons as mencement of this act, within any part of the united kingdom, such religi admit any person to become a regular ecclesiastic or brother, or ous orders; member of any such religious order, community, or society, nor. or be aiding or consenting thereto, or shall administer or cause to be administered, or be aiding or assisting in the administering or taking any oath, vow, or engagement purporting or intended to bind the person taking the same to the rules, ordinances, or ceremonies of such religious order, community, or society; every person offending in the premises in England or Ireland shall be deemed guilty of a misdemeanor, and in Scotland shall be punished by fine and imprisonment. 10 G. 4, c. 7. so admitted 34. That in case any person shall, after the commencement of this act, within any part of this united kingdom, be admitted Any person or become a jesuit, or brother or member of any other such a jesuit to be religious order, community, or society as aforesaid; such person shall be deemed and taken to be guilty of a misdemeanor, and being thereof lawfully convicted, shall be sentenced and ordered to be banished from the united kingdom for the term of his natural life. banished. The party offending, and not departing, may be banished by his majesty. And if at large after three months may be 35. That in case any person sentenced and ordered to be banished under the provisions of this act, shall not depart from the united kingdom within thirty days after the pronouncing of such sentence and order, it shall be lawful for his majesty to cause such person to be conveyed to such place out of the united kingdom, as his majesty, by the advice of his privy council, shall direct. 36. That if any offender, who shall be so sentenced and ordered to be banished in manner aforesaid, shall, after the end of three calendar months from the time such sentence and order transported hath been pronounced, be at large within any part of the united kingdom, without some lawful cause; every such offender, being so at large as aforesaid, on being thereof lawfully convicted, shall be transported to such place as shall be appointed by his majesty, for the term of his natural life. for life, Not to ex 37. Provided always, and be it enacted, that nothing herein tend to nuns. contained shall extend or be construed to extend in any manner to affect any religious order, community, or establishment consisting of females, bound by religious or monastic vows. SECTION 8. Misconduct of Officers and Sale of Offices. Archbishop 2 Eliz. c. 4 (a), s. 5.-That if any archbishop or bishop &c. refusing to consecrate within this realm, after such collation shall be signified unto them in maner and form before rehearsed, shall refuse, and (a) "Entitled, "An act for the conferring and consecrating of arch. lishops and bishops, within this realme." By the preceding sections of this act, the writ of congé d'elire is abolished; and it is enacted, that the collation of archbishops and bishops shall be made by letters patent from the throne, or the lord lieutenant. After the signification of these letters patent-to an archbishop and two bishops, or to four bishops (in case of collation to an archbishoprick); and to the archbishop of the province (in case of colla doe not invest and consecrate with all due circumstance, as is 2 Eliz. c. 4. aforesaid, every such person that shall be so conferred, and to them signified, as is above mentioned, within twenty dayes next bishop &c.; premunire. after the queen's letters patents of such collation as shall come to their hands; or else, if any of them, or any other person or persons admit, maintaine, allow, obey, doe, or execut any censures, excommunications, interdictions, inhibitions, or any other processe or act, of what name, nature, or qualitie soever it be, to the contrarie or let of due execution of this act; that then every archbishop and bishop, and all other persons so offending and doing contrarie to this act or any part thereof, and their aidours, counsaylours, and abettours, shall runne in the dangerous paines and penalties of the estatutes of provis and premunire, made within the realm of England, in the five and twentieth year of the raign of king Edward the Third, and in the sixteenth year of king Richard the Second(a). incapacity. 19 Geo. 2, c. 12 (a), s. 12.—That if any mayor, bailiff or Mayor &c., bailiffs, or other chief officer or officers of any city, borough, absenting himself from, or town corporate, shall voluntarily absent himself or themselves or hindering from, or knowingly and designedly prevent or hinder the election the election of any other mayor, bailiff or bailiffs, or other chief officer in of any corporate officer; the same city, borough, or town corporate, upon the day or imprisonwithin the time appointed by charter or ancient usage, or by the ment, and rules, orders, and directions of the lord lieutenant and council aforesaid for such election; the person or persons so offending, being thereof lawfully convicted, shall, for every such offence, suffer imprisonment for the space of six months without bail or mainprize, and shall be for ever disabled to take, hold, or exercise any office belonging to the same city, borough, or corporation. 5 & 6 Edw. 6, c. 16 (a), s. 1, Eng. For the avoiding of corruption which may hereafter happen to be in the officers and ministers in those courts, places, or rooms wherein there is requisite to be had the true administration of justice, or services of trust; (2) and to the intent that persons worthy and meet to be advanced to the place where justice is to be ministered, or any service of trust executed, should hereafter be preferred to the same, and no other. tion to a bishoprick); such persous shall forthwith proceed to investment and consecration, without suing " any bulls or other things by or from any foreign authoritie or power, for any such office or dignitie in any behalfe."-8. 3. (a) Ante, pp. 99, 104. (b) Entitled, "An act for the better regulating of corporations.". (c) Entitled, " An act against buying and selling of offices," See post, p 329. 5 & 6 E. 6, c. 16. Selling or taking mo herein men right to the office and the person paying such money &c., 2. Be it therefore &c., that if any person or persons, at any time hereafter, bargain or sell any office or offices, or deputation of any office or offices, or any part or parcel of any of them, (2) or receive, have, or take any money, fee, reward, or any ney for any other profit, directly or indirectly, (3) or take any promise, of the offices agreement, covenant, bond, or any assurance to receive or tioned; for- have any money, fee, reward, or other profit, directly or indifeiture of all rectly, for any office or offices, or for the deputation of any office or offices, or any part of any of them, (4) or to the intent that any person should have, exercise, or enjoy any office or offices, or the deputation of any office or offices, or any part disabled from of any of them, (5) which office or offices, or any part or holding it. parcel of them, shall in anywise touch or concern the administration or execution of justice, (6) or the receipt, comptrolment, or payment of any of the king's highness treasure, money, rent, revenue, account, aulnage, auditorship, or surveying of any of the king's majestie's honors, castles, manors, lands, tenements, woods, or hereditaments, (7) or any of the king's majesty's customs, or any administration or necessary attendance to be had, done, or executed in any of the king's majestie's custom-house or houses, (8) or the keeping of any of the king's majestie's towns, castles, or fortresses, being used, occupied, or appointed for a place of strength and defence, (9) or which shall concern or touch any clerkship to be occupied in any manner of court of record, wherein justice is to be ministered; (10) that then all and every such person and persons that shall so bargain or sell any of the said office or offices, deputation or deputations, or that shall take any money, fee, reward, or profit for any of the said office or offices, deputation or deputations of any of the said offices, or any part of any of them, or that shall take any promise, covenant, bond, or assurance for any money, reward, or profit to be given for any of the said office or offices, deputation or deputations of any of the said office or offices, or any part of any of them, shall not onely lose and forfeit all his and their right, interest, and estate which such person or persons shall then have, of, in, or to any of the said office or offices, deputation or deputations, or any part of any of them, or of, in, or to the gift or nomination of any of the said office or offices, deputation or deputations, for the which office or offices, or for the deputation or deputations of which office or offices, or for any part of any of them, any such person or persons shall so make any bargain or sale, or take or receive any sum of money, fee, reward, or profit, or any promise, covenant, bond, or assurance to have or receive any fee, reward, money, or profit; (11) but also, that all and every such person or persons that shall give or pay any sum of money, reward, or fee, or shall make any promise, agreement, bond, or assurance for any of the said offices, or for the deputation or deputations of any of the said office or offices, or any part of any of them, shall immediately by and upon the same fee, money, or reward c. 16. given or paid, or upon any such promise, covenant, bond, or 5 & 6 Ed. 6, agreement had or made for any fee, sum of money, or reward to be paid as is aforesaid, be adjudged a disabled person in the law, to all intents and purposes, to have, occupy, or enjoy the said office or offices, deputation or deputations, or any part of any of them, for the which such person or persons shall so give or pay any sum of money, fee, or reward, or make any promise, covenant, bond, or other assurance, to give or pay any sum of money, fee, or reward. 3. That all and every such bargains, sales, promises, bonds, All such agreements, covenants, and assurances as be before specified, bargains and shall be void to and against him and them by whom any such shall be void. bargain, sale, bond, promise, covenant, or assurance shall be had or made. assurances shall not 4. Provided alway, that this act or any thing therein con- To what offitained, shall not in anywise extend to any office or offices, ces the act whereof any person or persons is or shall be seized of any extend. estate of inheritance, (2) nor to any office of parkership, or of the keeping of any park, house, manor, garden, chase, or forest, or to any of them; any thing in this act heretofore mentioned, to the contrary thereof in anywise notwithstanding. 5. Provided also, that if any person or persons do hereafter Acts done by offend in any thing contrary to the tenor and effect of this act, any officer offending yet that notwithstanding all judgments given, and all other act against this and acts executed or done by any such person or persons so act, shall be offending, by authority or colour of the office or deputation which good. ought to be forfeited, or not occupied, or not enjoyed by the person so offending, as is aforesaid, after the said offence so by such person committed or done, and before such person so offending, for the same offence be removed from the exercise, administration, and occupation of the said office or deputation, shall be and remain good and sufficient in law, to all intents, constructions, and purposes, in such like manner and form as the same should or cught to have remained and been, if this act had never been had or made. to offices 7. Provided always, and be it &c., that this act, or any thing The act not therein contained, shall not in anywise extend, or be prejudicial to extend or hurtful to any of the chief justices of the king's courts, com- given by the monly called the king's bench or common place, or to any of the chief justices and judges of justices of assise, that now be, or hereafter shall be; but that they assize. and every of them may do in every behalf, touching or concerning any office or offices to be given or granted by them or any of them, as they or any of them might have done before the making of this act any thing above mentioned to the contrary in anywise notwithstanding. 49 Geo. 3, c. 126 (a), s. 1. ss. 1, 2, 3, 4, 5, & 7, Eng.] [Recites 5 & 6 Edw. 6, c. 16, (a) Entitled, "An act for the further prevention of the sale and bro kerage of offices." |