Page:Ruffhead - The Statutes at Large - vol 4.djvu/109

This clause extends not to Persons naturalized at or before the Accession of King Geo. 1. to the Crown.That after the said Limitation shall take Effect as aforesaid, no Person born out of the Kingdoms of England, Scotland, or Ireland, or the Dominions thereunto belonging (although he be naturalized or made a Denizen, except such as are born of English Parents) shall be capable to be of the Privy Council, or a Member of either House of Parliament, or to enjoy any Office or Place of Trust, either Civil or Military, or to have any Grant of Lands, Tenements or Hereditaments from the Crown, to himself or to any other or others in Truft for him.

That no Person who has an Office or Place of Profit under the King, or receives a Pension from the Crown, shall be capable of serving as a Member of the House of Commons.

That after the said Limitation shall take Effect as aforesaid, Judges Commissions be made Quandiu se bene gesserint, and their Salaries ascertained and established; but upon the Address of both Houses of Parliament it may be lawful to remove them.

That no Pardon under the Great Seal of England be pleadable to an Impeachment by the Commons in Parliament.

Repealed by 4 Ann. c. 8. §. 25.  6 Ann. c. 7.  1 Geo. 1. c. 56.

IV. And whereas the Laws of England are the Birth-right of the People thereof, and all the Kings and Queens, who shall ascend the Throne of this Realm, ought to administer the Government of the same according to the said Laws, and all their Officers and Ministers ought to serve them respectively according to the same: The said Lords Spiritual and Temporal, and Commons, do therefore further humbly pray, All laws for securing the established Religion, &c. confirmed.That all the Laws and Statutes of this Realm for securing the established Religion, and All Laws for the Rights and Liberties of the People thereof, and all other Laws and Statutes of the same now in Force, may be ratified and confirmed, and the same are by his Majesty, by and with the Advice and Consent of the Lords Spiritual and Temporal, and Commons, and by Authority of the same, ratified and confirmed accordingly.

See farther 13 W. 3. c. 6.

CAP. III.
An Act for preventing any Inconveniencies that may happen by Privilege of Parliament.

FOR the preventing all Delays the King or his Subjects may receive in any of his Courts of Law or Equity, and for their Ease in the Recovery of their Rights and Titles to any Lands, Tenements or Hereditaments, and their Debts or other Dues, for which they have Cause of Suit or Action; Be it enacted by the King's most excellent Majesty, by and with the Advice and Consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the Authority of the same, Action may be commenced against Peer or Member of Parliament, &c. in the Interval of Parliament, &c.That from and after the four and twentieth Day of June one thousand seven hundred and one, any Person and Persons shall and may commence and prosecute any Action or Suit in any of his Majesty's Courts of Record at Westminster, or High Court of Chancery, or Court of Exchequer, or the Duchy Court of Lancaster, or in the Court of Admiralty, and in all Causes Matrimonial and Testamentary in the Court of the Arches, the Prerogative Courts of Canterbury and York, and the Delegates, and all Courts of Appeal, against any Peer of this Realm, or Lord of Parliament, or against any of the Knights, Citizens and Burgesses of the House of Commons for the time being, or against their or any of their Menial or other Servants, or any other Person intitled to the Privilege of Parliament, at any Time from and immediately after the Dissolution or Prorogation of any Parliament, until a new Parliament shall meet, or the same be re-assembled and from and immediately after any Adjournment of both Houses of Parliament for above the Space of fourteen Days, until both Houses shall meet or re-assemble; and after Prorogation, &c. Court may give Judgment.and that the said respective Courts shall and may, after such Dissolution, Prorogation, or Adjournment as aforesaid, proceed to give Judgment, and to make final Orders, Decrees and Sentences, and award Execution, thereupon; any Privilege of Parliament to the contrary notwithstanding.

Amended by 11 Geo. 2. c. 24.

II. Provided nevertheless, That this Act shall not extend to subject the Person of any of the Knights, Citizens and Burgesses of the House of Commons, or any other Person intitled to the Privilege of Parliament, to be arrested during the Time of Privilege: Person may have Process against Peer, &c. after Dissolution of Parliament,Nevertheless, if any Person or Persons, having Person may have Cause of Action or Complaint against any Peer of this Realm, or Lord of Parliament, such Person or Persons, after any Dissolution, Prorogation or Adjournment as aforesaid, or before any Sessions of Parliament, or Meeting of both Houses as aforesaid, shall and may have such Process out of his Majesty's Parliament, Courts of King's Bench, Common Pleas, and Exchequer, against such Peer or Lord of Parliament, as he or they might have had against him out of the Time of Privilege; and if any Person or Persons, having Cause of Action against any of the said Knights, Citizens or Burgesses, or any other Person intituled to Privilege of Parliament, after any Dissolution, Prorogation, or such Adjournment as aforesaid, or before any Sessions of Parliament, or Meeting of both Houses as aforesaid, such Person or Persons shall and may prosecute such Knight, Citizen or Burgess, or other Person intituled to the Privilege of Parliament, in his Majesty's Courts of King's Bench, Common Pleas, or Exchequer, by Summons and Distress infinite, or by Original Bill, and Summons, Attachment, and Distress Infinite thereupon to be issued out of any of the said Courts of Record, which the said respective Courts are hereby impowered to issue against them, or any of them, until he or they shall enter a Common Appearance, or file Common Bail to the Plaintiff's Action, according to the Course of each respective Court; and any Person or Perfons, having Cause of Suit or Complaint, and may exhibit Bill against any Peer or Members, &c.may, in the Times aforesaid, exhibit any Bill or Complaint against any Peer of this Realm or Lord of Parliament, or against any of the said Knights, Citizens or Burgesses, or other Person intituled to the Privilege of Parliament, in the High Court of Chancery, Court of Exchequer, or Duchy Court of Lancaster, and may proceed thereupon by Letter or Subpœna as is usual, and upon leaving a Copy of the Bill with the Defendant, or at his House or Lodging, or last Place of

Abode,