Statutes of the Realm: Volume 6, 1685-94. Originally published by Great Britain Record Commission, s.l, 1819.
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Jurisdiction of Commissioners of Great Seal doubted.; Commissioners of the Great Seal may execute the Power and entitled to the Emoluments of Chancellor.; Their Place.
Whereas their most Excellent Majestyes King William and Queene Mary have thought fitt that the Office of the Lord Chancellor or Lord Keeper of the Great Seale of England should be executed by Commissioners appointed for the same under the Great Seale of England And whereas severall Authorities Jurisdictions and Powers are by severall Acts of Parliament and otherwise vested setled and placed in the Lord Chancellor of England or Lord Keeper of the Great Seale of England for the time being Now for the preventing of all Doubts and Questions that may arise whether all or any of those Authorities Jurisdictions and Powers may be exercised by such Commissioners Bee it enacted and declared and it is hereby enacted and declared by the King and Queens most excellent Majestyes and by and with the advice and consent of the Lords Spirituall and Temporall and Commons in this present Parliament assembled and by authoritie of the same That such Commissioners for the time being may use and exercise at all times according to their Commissions as of right belonging to the Lords Commissioners of the Great Seale of England for the time being all and every the same and like Offices Authority Jurisdiction and Execution of Laws and all other Customes Priviledges Emoluments and Advantages which the Lord Chancellor of England or Lord Keeper of the Great Seale of England for the time being of right ought to [have use (fn. 1) ] or execute as belonging to their or either of their said Offices or otherwise howsoever to all intents and purposes as if the said Lords Commissioners for the time being were Lord Chancellor or Lord Keeper of the Great Seale of England and shall have and take place next after the Peeres of this Realme [and Speaker of the House of Commons unlesse any of them, shall happen to be a Peere and then to take place according to his Peerage (fn. 2) ]
II. One Commissioner may hear Motions, &c. but not make Decree, &c.
Provided alwayes and bee it enacted by the authoritie aforesaid That any one Commissioner (in the absence of the others) may heare Motions and give Orders and Directions touching the interlocutory Proceedings in any Cause soe as such one Commissioner in the absence of the others shall not make any Decrees or putt the Great Seale to any thing whatsoever whereunto the whole Broad Seale ought to be affixt unlesse there be two Commissioners present
III. Custos Rotulorum how to be chosen.
37 H. VIII. c. 1.
And bee it further enacted by the authoritie aforesaid That the nominating and appointing of the Custos Rotulorum throughout all the Shires and Countyes of this Realme is and shall be as is directed by a Statute made in the thirty seventh yeare of Henry the Eighth Entituled A Bill for Custos Rotulorum and [the Clerkship of (fn. 3) ] the Peace any Law Usage or Statute to the contrary in anywise notwithstanding
IV. Clerk of the Peace how to be appointed.
[And bee it further enacted by the authoritie aforesaid That the Custos Rotulorum or other person to whome of right it doth or shall belong to nominate or appoint the Clerke of the Peace for any County Rideing Division or other Place shall from time to time where the Office of the Clerke of the Peace now is or hereafter shall be void nominate and appoint one able and sufficient person resideing in the said County Rideing Division or other place for which he is soe appointed or to be appointed Clerke of the Peace to execute the same by himselfe or his sufficient Deputy and to take and recieve the Fees Profits and Perquisits thereof for soe long time onely as such Clerke of the Peace shall well demeane himselfe in his said Office
V. Justices of Peace in Sessions may discharge Clerk of the Peace.
What Person may nominate Clerk of the Peace upon such Vacancy.
And bee it enacted by the authoritie aforesaid That if any Clerke of the Peace already nominated or to be nominated as aforesaid shall misdemeane himselfe in the Execution of the said Office and thereupon a Complaint and Charge in Writeing of such Misdemeanor shall be exhibited against him to the Justices of the Peace in their Generall Quarter Sessions it shall be lawfull for the said Justices or the major part of them from time to time upon Examination and due proofe thereof openly in their said Generall Quarter Sessions to suspend or discharge him from the said Office and that in such Case the Custos Rotulorum or other person to whome it shall of right belong to nominate and appoint the Clerke of the Peace for such County Rideing Division or place shall nominate and appoint one other able and sufficient person resideing in the said County Rideing Division or place as aforesaid to be Clerke of the Peace in the place of such Person soe amoved as aforesaid and in case of refusall or neglect to make such Nomination and Appointment before the next Generall Quarter Sessions to be holden after the said refusall that it shall and may be lawfull for the said Justices of the Peace at their Generall Quarter-Sessions for the said County Rideing Division or place or the major part of them to nominate and appoint one able and sufficient person resideing in the said County Rideing Division or place to be Clerke of the Peace in the place of such person soe amoved as aforesaid to have hold and enjoy the said Office of Clerke of the Peace and to execute the same by himselfe or his sufficient Deputy and to receive the Fees Profits and Perquisits thereof
VI. New Clerk of the Peace liable to Penalties, &c.
Provided alwayes and bee it enacted by the authoritie aforesaid That he shall be lyable and subject to all the Penalties Forfeitures Conditions Limitations and Provisions herein and hereby mentioned and expressed and may be amoved or discharged by the said Justices or the major part of them in such manner and way as is above specified. (fn. 4) ]
VII. Custos Rotulorum, &c. shall take no Fee for appointing Clerk of the Peace.
Buying and selling of Place of Clerk of the Peace. Penalty.
And bee it further enacted by the authoritie aforesaid That it shall not be lawfull for any Custos Rotulorum or other person to whome of right it doth or shall belong to nominate elect or appoint any Clerke of the Peace to sell the said Place of Clerke of the Peace or to take any Bond or other assurance to recieve or have any Reward Money Fee or Profitt directly or indirectly to him or any other person for such nominating electing or appointing but that every such Custos Rotulorum or other person that shall soe sell the Clerkshipp of the Peace and every Clerke of the Peace who shall soe buy his place are hereby disabled to hold their places of Custos Rotulorum or Clerkship of the Peace and shall alsoe each of them respectively forfeite double the Summe or Value of other thing that shall be soe given or taken to be recovered by him or them to their owne use that shall sue for the same to be prosecuted by any Action of Debt Suite Bill Plaint or Information in any of their Majestyes Courts at Westminster wherein noe Essoigne Protection or Wager of Law shall lye
VIII. Clerk of the Peace to take the Oath following.
[And bee it further enacted by the authoritie aforesaid That every Clerke of the Peace before he enter upon the execution of his said Office shall in open Sessions take the Oath following vizt
I A B doe Sweare That I have not nor will pay any Summe or Summs of Money or other Reward whatsoever nor given any Bond or other Assurance to pay any Money Fee or Profitt directly or indirectly to any person or persons whomsoever for such Nomination or Appointment Soe helpe me God.
IX. Act not to extend to Duchy or County Palatine of Lancaster.
Provided alwayes That nothing in this Act contained shall any ways affect or relate to the Clerke of the Peace for the Dutchy and County Palatine of Lancaster onely which said Clerke of the Peace holds his said Office for Lives by Grants from his late Majestie King Charles the Second as his Predecessors in the said place have done from former Kings and Queens of this Realme in right of their Dutchy and County Palatine aforesaid This Act to commence from the first day of May one thousand six hundred eighty nine. (fn. 5) ]