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Statutes of Northern Ireland


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URL: http://www.bailii.org/nie/legis/num_act/hocda1801405.txt

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HOUSE OF COMMONS (CLERGY DISQUALIFICATION) ACT 1801

HOUSE OF COMMONS (CLERGY DISQUALIFICATION) ACT 1801 - LONG TITLE

An Act to remove Doubts respecting the Eligibility of Persons in
Holy Orders to sit in the House of Commons.{1}
[23rd June 1801]
WHEREAS it is expedient to remove doubts which have arisen
respecting the eligibility of persons in holy orders to sit in the
House of Commons, and also to make effectual provision for excluding
them from sitting therein.[

HOUSE OF COMMONS (CLERGY DISQUALIFICATION) ACT 1801 - SECT 1
No person ordained a priest or deacon, or being a minister of the
Church of Scotland, shall be capable of being elected a member of
the House of Commons.

1.] No person having been ordained to the office of priest or
deacon, or being a minister of the Church of Scotland, is or shall
be capable of being elected to serve in Parliament as a member of
the House of Commons.

HOUSE OF COMMONS (CLERGY DISQUALIFICATION) ACT 1801 - SECT 2
The election of such person shall be void, and if any person after
his election shall be ordained a priest, &c. he shall vacate his
seat.

2. And if any person, having been ordained to the office of priest
or deacon, or being a minister of the Church of Scotland, shall
hereafter be elected to serve in Parliament as aforesaid, such
election and return shall be void; and if any person, being elected
to serve in Parliament as a member of the House of Commons, shall,
after his election, be ordained to the office of priest or deacon,
or become a minister of the Church of Scotland, then and in such
case the seat of such person shall immediately become void; and if
any such person shall, in any of the aforesaid cases, presume to
sit or vote as a member of the House of Commons, he shall forfeit
the sum of five hundred pounds for every day in which he shall
sit or vote in the said house, to any person or persons who shall
sue for the same in [the High Court], and the money so forfeited
shall be recovered by the person or persons so suing, ..., in any
of the said courts, by any action or information ...; and every
person against whom any such penalty or forfeiture shall be
recovered by virtue of this Act, shall be from thenceforth incapable
of taking, holding, or enjoying any benefice, living, or promotion
ecclesiastical, and of taking, holding, or enjoying any office of
honour or profit under His Majesty, his heirs, or successors: ....

HOUSE OF COMMONS (CLERGY DISQUALIFICATION) ACT 1801 - SECT 3
Limitation of actions.

3. Provided also, that no person shall be liable to any forfeiture
or penalty inflicted by this Act, unless a prosecution shall be
commenced within twelve calendar months after such penalty or
forfeiture shall be incurred.

HOUSE OF COMMONS (CLERGY DISQUALIFICATION) ACT 1801 - SECT 4
What proof shall be necessary.

4. And proof of the celebration of divine service according to the
rites of the Church of England, or of the Chuch of Scotland, in
any church or chapel consecrated or set apart for public worship,
shall be deemed and taken to be prima8 facie evidence of the fact
of such person having been ordained to the office of a priest or
deacon, or of his being a minister of the Church of Scotland,
within the intent and meaning of this Act.


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URL: http://www.bailii.org/nie/legis/num_act/hocda1801405.txt