October 1647: An Ordinance for disabling Delinquents to bear Office, or to have any voyce in the election of any.

October, 1647

[4 October, 1647.]

Ord. Sept. 9, 1647, as to delinquents.; No delinquent to have voice in any election whatsoever.; Nor to bear any office without consent of Parl.; Committee may summon and examine persons for better execution of said Ords.; May discharge and fine offenders.; Fines how to be employed.; Vacant places to be filled by elections.

Whereas divers persons who have been in Arms against the Parliament, or ayding or assisting the King in the late War, do continue Members of severall Corporations of this Kingdom, In which capacity they have power of voting in the Election of the Officers of the said Corporations, by reason whereof, several persons who have been likewise in Arms against the Parliament, or have ayded or assisted the Forces of the enemy, have been, and daily are chosen Maiors, Aldermen, Assistants, Bayliffs, or other Officers of several Cities, Boroughs, or Towns Corporate, contrary to an Ordinance bearing date the ninth day of September last past, to the indangering of raising new tumults, and disturbing the peace of the Kingdom, so much desired to be established by all good men; for prevention whereof, Be it hereby Ordered and Ordained by the Lords and Commons assembled in Parliament, That no person or persons whatsoever, that hath been in Arms against the Parliament, or hath ayded or assisted the forces of the Enemy, by contributing of Moneys, Arms, or Ammunition, or other ayd or assistance, not being compelled or constrained thereunto, or who hath been, is or shall be Sequestred or Sequestrable, shall have any voyce or vote in the Election or choice of any Maior, Recorder, Sheriffs, Alderman, Bayliff, Assistant, Town-clerk, Common-Councel man, Steward of any Court, Constable, or any other Officer; or in the granting or passing of any Lease, or other Instrument, whereunto the Common Seal of any Colledge, CathedralChurch, Hall, or Corporation is to be set, or of any Copy-hold Land or Tenements, in any County, City, Borough or Town Corporate, or either of the Universities or other place within the Kingdom of England, Dominion of Wales, or Town of Berwick. Nor shall any such person or persons as aforesaid (without the allowance of both Houses of Parliament) hereafter be chosen, or continued to be in any of the aforesaid Offices, or of the first or second Company, or of the Chamber or Common-Councel of any City, Borough, or Town Corporate as aforesaid. And to the intent that this present Ordinance, and the said Ordinance of the 9 of September be duly executed and observed; and that no person or persons do presume (contrary to that or this present Ordinance) to accept of, or continue in any such office, place or Imployment as aforesaid, after publication hereof, It is hereby further Ordered and Ordained, That the Committee of Lords and Commons for Indempnity, named in an Ordinance bearing date the One and twentieth day of May last past, or any five of them, are hereby authorized, and have full power and authority hereby granted unto them, to convene and call before them any person or persons, for the better discovery and finding out the truth in the premises; And are hereby required to receive and take such testimony and evidence upon Oath for that purpose, as shall be tendred unto them, against any person or persons so offending, and to use all good ways and means for the effecting and doing thereof; And upon proof thereof made by two or more sufficient Witnesses, The said Committee of Lords and Commons, or any five of them have full power, and are hereby authorized and required to discharge the said person or persons so offending, from their said place, office, or imployment; and to impose such fine or fines upon him or them as they shall think meet, the same not exceeding the sum of One hundred pounds, whereof the one Moyety to be imployed to the poor of the said County, City, Borough, or Town Corporate, wherein the said Offence shall be committed, and the other Moyety to such person or persons as shall prosecute the same, the said fine so to be imposed, to be recovered by Action of Debt, by Bill, Plaint, or Information, wherein no Protection, Essoyn or Wager of Law shall be allowed: and that after publishing the said discharge by the said Committee of Lords and Commons, It is and shall be lawful, to and for every person or persons, or the major part of them (who are not hereby excepted against) and are capable of a Vote in the Election of any such Maior, Alderman, Recorder, Sheriff, Bayliff, Town-clerk, Assistant, Common-councelman, or other Officer in any County, City, Borough, or Town Corporate as aforesaid. And they are hereby enabled and required to proceed to the Election of such other person or persons in their or any of their Place or Office, as are not made incapable by the said Ordinances, or either of them.

This Ord. to continue 5 years only.

Provided allways, That this Ordinance do continue and be in Force for the space of Five years only next ensuing the Date hereof; And that it do not extend to any person or persons who have been or shall be unduly Sequestred, and have been or shall be therefore discharged of the said undue Sequestration by both Houses of Parliament, or by the Committee of Lords and Commons for Sequestrations.