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Resolved, That Mr. William Colepeper is guilty of promoting the said Petition.
Resolved, That Mr. Thomas Colepeper is guilty of promoting the said Petition.
Resolved, That Mr. David Polhill is guilty of promoting the said Petition.
Resolved, That Mr. Justinian Chamneys is guilty of promoting the said Petition.
Resolved, That Mr. William Hamilton is guilty of promoting the said Petition.
Ordered, That the said Mr. William Colepeper be, for the said Offence, taken into the Custody of the Serjeant at Arms attending this House.
Ordered, That the said Mr. Thomas Colepeper be, for the said Offence, taken into the Custody of the Serjeant at Arms attending this House.
Ordered, That the said Mr. David Polhil be, for the said Offence, taken into the Custody of the Serjeant at Arms attending this House.
Ordered, That the said Mr. Justinian Champneys be, for the said Offence, taken into the Custody of the Serjeant at Arms attending this House.
Ordered, That the said Mr. William Hamilton be, for the said Offence, taken into the Custody of the Serjeant at Arms attending this House.
(C.J. xiii. 518.)
THE MILITIA ACT
13 Cha. II. St. I. Cap. 6, 1661.
An Act declaring the sole right of the Militia to be in the King, and for the present ordering and disposing the same.
Forasmuch as within all his Majesty's realms and dominions, the sole supreme government, command, and disposition of the militia, and of all forces by sea and land, and of all forts and places of strength, is, and by the laws of England ever was the undoubted right of his Majesty, and his royal predecessors, kings and queens of England; and that both, or either of the houses of parliament cannot, nor ought to pretend to the same; nor can nor lawfully may
raise, or levy any war offensive or defensive against his Majesty, his heirs or lawful successors; and yet the contrary thereof hath of late years been practised almost to the ruin and destruction of this kingdom; and during the late usurped governments, many evil and rebellious principles have been distilled into the minds of the people of this kingdom, which unless prevented, may break forth to the disturbance of the peace and quietness thereof.
(The other provisions of this Act, being purely temporary, are omitted.)
V. Provided, that neither this Act, nor any matter or thing therein contained, shall . . . extend to the giving or declaring of any power for the transporting of any the subjects of this realm, or any way compelling them to march out of this Kingdom otherwise than by the laws of England ought to be done. .
(The establishment of the militia as a constitutional force was determined by 13 and 14 Cha. II. c. 3 (1662) and 15 Cha. II. c. 4 (1663), the substantial clauses of which are appended.)
Be it therefore . . . enacted . . . That the King's most excellent Majesty... shall and may issue forth several commissions of lieutenancy... to be his Majesty's lieutenants for the several and respective countries . . . which lieutenants shall have full power and authority to call together all such persons at such times, and to arm and array them in such manner, as is hereafter expressed and declared . . . and in case of insurrection, rebellion, or invasion, them to lead, conduct and employ . . . according as they shall . . . receive directions from his Majesty . . . and that the said respective lieutenants shall have power. . . to appoint and give commissions . . . always understood, That his Majesty, his heirs and successors, have power and authority to direct and order otherwise. . . .
That the said lieutenants . . . have hereby full power and authority to charge any person with horse, horseman, and arms, or with footsoldier and arms, in the same country. . . where his, her or their estates lie, having respect unto . . . the proportions hereafter mentioned. ..
(13 and 14 Cha. II. c. 3.)
Be it also enacted that every trooper or foot soldier at any time raised by virtue . . of this present act, shall be subject to such exercise and duty . . . and shall accordingly upon like pains and penalties observe and keep all the respective orders and directions of the said act,1 and of this present act, and shall suffer the same 1 13 and 14 Cha. II. c. 13.
penalties for committing any of the respective crimes and offences expressed in the said act.
Provided always and be it enacted, That it shall be lawful to every person and persons that shall have any action or suit brought against him or them for anything done in execution of this or the said act, to plead the general issue, and to give the special matter in evidence; and if judgment shall be given for the defendant, or if the plaintiff shall become non-suit, . . . then he shall recover double costs.
(15 Cha. II. c. 4.)
(See Hallam, C.H. iii. 262 et seq.; Clode, Military Forces of the Crown, i. ch. iii.; Manual of Military Law (ed. 1899), Introduction.)
THE CORPORATION ACT. No. 1
13 Charles II. St. II. Cap. I., 1661.
An Act for the well-governing and regulating of Corporations.
Whereas questions are likely to arise concerning the validity of elections of magistrates, and other officers and members in corporations, as well in respect of removing some, as placing others, during the late troubles, contrary to the true intent and meaning of their charters and liberties: And to the end that the succession in such corporations may be most profitably perpetuated in the hands of persons well affected to his Majesty and the established government, it being too well known, that notwithstanding all his Majesty's endeavours, and unparalleled indulgence in pardoning all that is past, nevertheless many evil spirits are still working.2
II. Wherefore for prevention of the like mischief for the time to come, and for preservation of the public peace both in church and state, . . That commissions shall, before the twentieth day of February next, be issued forth under the Great Seal of England, unto such persons as his Majesty shall appoint for the executing of the powers and authorities hereinafter expressed: And that all and every the . . . commissioners . . . shall be commissioners respectively, for and within the several cities, corporations, and boroughs, and cinque ports, and their members, and other port towns within the kingdom of England, dominion of Wales, and town of Berwick upon Tweed, for which they shall be respectively nominated and appointed.
1 Repealed as regards the oath and subscription by 5 Geo. I. c. 6, § 2.
III. And be it further enacted . . . That no charter of any corporation, cities, towns, boroughs, cinque ports, and their members, and other port towns in England or Wales, or town of Berwick upon Tweed, shall at any time hereafter be avoided, for or by reason of any act or thing done, or omitted to be done, before the first day of this present parliament.
IV. And be it further enacted . . . That all persons who upon the four and twentieth day of December, one thousand six hundred sixty and one, shall be mayors, aldermen, recorders, bailiffs, town clerks, common council-men, and other persons then bearing any office or offices of magistracy, or places, or trusts, or other employment relating to or concerning the government of the said respective cities, corporations, and boroughs, and cinque ports, and their members, and other port towns, shall at any time before the five and twentieth day of March, one thousand six hundred sixty and three, . . . be required by the said respective commissioners, . . . to take the Oaths of Allegiance and Supremacy, and this oath following:
V. 'I, A. B. do declare and believe, That it is not lawful, upon any pretence whatsoever, to take arms against the King; and that I do abhor that traitorous position of taking arms by his authority against his person, or against those that are commissioned by him: So help me God.'
VI.1 And also at the same time shall publicly subscribe, before the said commissioners or any three of them, this following declaration :
'I, A. B. do declare, That I hold that there lies no obligation upon me or any other person, from the oath commonly called, The solemn league and covenant, and that the same was in itself an unlawful oath, and imposed upon the subjects of this realm against the known laws and liberties of the kingdom.'
VII. And that all such of the said mayors and other the persons aforesaid, who shall refuse to take and subscribe the same oath shall, . . . be by authority of this act (ipso facto) removed and displaced of and from the said offices and places respectively; and the said offices and places . . . shall be void to all intents and purposes, as if the said respective persons were naturally dead.
VIII. And nevertheless, Be it further enacted, . . . That the said. commissioners, or any five or more of them, shall have full power. . . by order and warrant. . . to displace or remove any of the persons aforesaid from the said respective offices and places, or trusts aforesaid, if the said commissioners, . . . shall deem it expedient for the 1 Repealed by 5 Geo. I. c. 6, § 2.
public safety, although such persons shall have taken and subscribed, or be willing to take and subscribe, the said oaths and declaration.
(§§ IX., X., XI. define in detail the powers and procedure of the Commissioners.)
XII. Provided also,
That from and after the expiration of the
said commissions, no. persons shall for ever hereafter be placed, elected or chosen, in or to any the offices or places aforesaid, that shall not have, within one year next before such election or choice, taken the sacrament of the Lord's Supper, according to the rites of the Church of England; and that every such person so placed, elected or chosen, shall likewise take the aforesaid three oaths, and subscribe the said declaration at the same time when the oath for the due execution of the said places and offices respectively shall be administered; and in default hereof, every such placing, election and choice, is hereby enacted and declared to be void.
XIII. Provided always, . . . That every person who shall be placed in any corporation by virtue of this act, shall upon his admission take the oath or oaths usually taken by the members of such corporation.
(§§ XIV., XV. define further the powers of the Commissioners. § XVI exempts the reversions of offices in London from the operation of the Act.)
THE ACT OF UNIFORMITY
14 Charles II. Cap. IV., 1662.1
An act for the uniformity of public prayers, and administration of sacraments, and other rites and ceremonies: And for establishing the form of making, ordaining, and consecrating bishops, priests, and deacons, in the Church of England.
Whereas in the first year of the late Queen Elizabeth, there was one uniform order of common service and prayer, and of the administration of sacraments, rites, and ceremonies, in the Church of England, (agreeable to the Word of God, and usage of the primitive
1 Commonly cited as 13 and 14 Cha. II. c. 4. Repealed as to so much as confirms any Act thereby repealed, 7 and 8 Vict. c. 102, § 1. Repealed as to so much whereby an Act therein repealed has been confirmed, 9 and 10 Vict. c. 59, § i. Repealed also in part by 28 and 29 Vict. c. 122, and Stat. Law Rev. Act, 1863.