October 1652: An Act for disabling Delinquents to bear Office, or to have any Voice or Vote in Election of any Publique Officer.

October, 1652

[8 October, 1652]

Delinquents disabled from electing to or exercising any public office.; Additional powers to Commissioners under Act of 23 June 1652.; Assistance.; Disposal of fines by Commissioners.; Notice of removal of disqualified persons, and of new elections.; Persons exempted from Act.; Continuance of Act.

Be it Enacted and Ordained by this present Parliament, and the Authority thereof, and it is hereby Enacted and Ordained, That no person or persons whatsoever that hath had his Estate Sequestred or his person Imprisoned for Delinquency, or did subscribe or abet the Treasonable Engagement in One thousand Six hundred forty and seven, or hath been aiding or assisting to the late King, or any other Enemies of the Parliament, shall be capable to Elect or be Elected to any Office or place of Trust or Power within this Commonwealth, or to hold or execute any Office or place of Trust or Power within the same. And be it further Enacted, That the Commissioners appointed by an Act, Entituled An Act for transferring the Powers of the Committee of Indempnity, or any three or more of them, are hereby authorized and required, calling the person accused before them, to proceed to examine, hear and determine any the Offences aforesaid; and upon confession of the Party, or conviction upon Oath of two or more credible Witnesses, which Oath the said Commissioners are hereby Impowred to administer, the said Commissioners may impose any Fine for any of the Offences aforesaid, as they or any three or more of them shall think fit, so as the said Fine exceed not the sum of One hundred pounds, to be levied by Warrant or Warrants of the said Commissioners or any three or more of them, by way of distress and sale of the Offenders Goods, rendring the overplus thereof unto the Owner; And for want of sufficient Distress, to commit the party offending to the Common Goal, there to remain by the space of Six Moneths without Bail or Mainprize: And all Sheriffs, Maiors, Bailiffs, Constables, Goalers, and other Officers, are required to be ayding and assisting in the Execution of the Warrant and Warrants of the said Commissioners as aforesaid; and the said Commissioners, or any three or more of them, are hereby impowred to distribute any sum or sums of money that shall be raised by vertue of any Fine as aforesaid, the one moyety to the party that shall Inform and Prosecute the same, and the other moyety to the Poor of the parish or place where the Offence shall be committed: And the said Commissioners, or any three or more of them, after publishing the discharge of such Offender as aforesaid from his said Office or place as aforesaid, shall give notice thereof to the persons whom it may concern, to the end any other person who is capable may be elected or put into the same; and that it shall and may be lawful to and for every person and persons who have right of Voting in such Elections, or the major part of them, and they are hereby enabled and required to proceed to Elect such other person or persons in his, their or any of their places or Office as are not made incapable by this Act. Provided, That this Act or anything therein contained, shall not extend to any person or persons who hath been or shall be unduly Sequestred, and hath been or shall be discharged of the said undue Sequestration. Provided also, That this Act shall have continuance [till] the Twenty eighth day of September, One thousand six hundred fifty five, and no longer.