CHAP.
V.
and subscribe
the Oath of
Abjuration,
and
The Test,
or shall not
be capable of
holding any
Office, &c.
Penalty on
Persons presuming
top execute
any Office,
&c. contrary
to this
Act.
Proviso.
A fair transcript
of the
Oath of Abjuration
and
Test shall be
kept by the
Clerk of every
Court, to
be signed by
Persons qualifying
in open
Court.
The like
Transcript to
be kept by all
Councillors,
and Provincial
or County
Magistrates
who administer
the same
Oaths out of
Court.
But such Magistrates
shall
not be obliged
to administer
the
Oaths out of
Court, except
at their own
Habitations.
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And that without the taking the aforementioned Oaths, and subscribing
the
Oath of Abjuration, and making and subscribing the Declaration following,
" 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 Consideration thereof, by any Person whatsoever:"
Before some of the Members of his Lordship's Honourable Council within
this Province, for the Time being, or a Justice of the Provincial or
County
Courts, or before some Court of Record within this Province, (who are
hereby authorized, impowered and required to administer the same, if
applied
to,) no Person or Persons whatsoever, shall be capable of holding,
executing
or enjoying any Office, Deputation or Trust within this Province whatsoever.
And in case any Person or persons whatsoever, shall presume to execute
or
enjoy any such Office, Deputation or Trust, contrary to the true Intent
and
Meaning of this present Act, the Commission, Deputation or Authority
of
such Person or Persons, is not only hereby declared to be utterly void,
ab
Initio,
but also he or they so acting or offending, shall forfeit to his Lordship,
the Right Honourable the Lord Proprietary of this Province, his Heirs
and
Successors, Two Hundred and Fifty Pounds Sterling; one Half to be applied
to the Use of Free-Schools within this Province, the other Half to
the Informer,
or to him or them that shall sue for the same, to be recovered in any
Court of Record within this Province, by Action of Debt, Bill, Plaint
or
Information, wherein no Essoin, Protection or Wager if Law to be allowed.
IV. Provided
always, That no Person shall be liable to the Penalties of
this Act, who shall comply therewith, when required by such Court of
Record,
or other persons as have Power to administer the Oaths aforesaid, or
who (if not required as aforesaid) shall within Six Months from the
End of
this present General Assembly, voluntarily comply with the same.
V. And be it
further Enacted, by the Authority aforesaid, That the Clerk
of any Curt of Record, where the Oaths and Declaration aforesaid, shall
be
administered, taken, made and subscribed as aforesaid, in open Court,
is hereby
obliged, ex Officio, to keep a fair Transcript in his Office,
of the Oath of
Abjuration, and of the Declaration aforesaid, to be subscribed by any
Person
or Persons taking the Oaths aforesaid; and shall make an Entry in his
Minutes
and Record Books, of the Time when such Person or Persons was
Sworn, and did subscribe the Oath and Declaration aforesaid, and what
Office
or Trust they have, hold or enjoy, within this Province; and any of
the
Members of his Lordship's Honourable Council within this Province,
Justices
of the Provincial or County Courts, who shall administer the same Oaths
out
of Court, are hereby likewise required to keep a fair Transcript of
the Oath
of Abjuration and Declaration aforesaid, for every Person to subscribe,
that
takes the Oath aforesaid before them, and further shall certify, under
their
Hands, to the next County Court holden for the County where such Magistrates
inhabit, the Names of all Persons by them sworn, the Time when,
and the Office or Place of Trust they have, hold or enjoy; which Certificate
the Justices ofd the respective County Courts shall cause to be entered
by the
Clerk of such Court, ex Officio, in the County Records.
VI. Provided
always, That any Person or Persons that shall apply themselves
to any of the Magistrates aforesaid, out of Court, to have the Oaths
aforesaid administered to themselves, for any Office or Place of Trust
as aforesaid,
be obliged to repair to the Dwelling place or Habitation od such Magistrate,
where such Magistrate shall only be obliged to administer the same
Oaths, and not elsewhere.
VI. And Provided
also, That nothing herein contained shall extend, of be
construed to extend, to the exempting of such Persons who shall take the |