Page:Ruffhead - The Statutes at Large - vol 3.djvu/126

 78 C. 6. Anno feptinio Jacob i I. A. D. 1609. Cro.Car. 175, aSS, 467, Vaogn.ii3. Noy r^i. Sunt y.l', 93. 1 Roll 274. Moor 845. I'Modi 1241. The Defendant allowed double CoftsofSuit. 3 Bulftr. 77^ Continuance of this A£t. ' who for due Execution of their Office have been troubled and molefted, and ftill are like to be trou- ' bled and molefted, by evil-difpofed contentious Perfons^ to their great Charge and Difcouragement ' in doing of their Offices :' (2) Be it therefore enadted by our Sovereign Lord the King, and by the Lords Spiritual and Temporal, and Commons", in this prefent Parliament affembled, and by the Autho- rity of the fame, That if any Aftion, Bill, Plaint or Suit, upon the Cafe, Trefpafs, Battery or falfe Imprifonment, Aall be brought after forty Days next after the End of this Seffion of Parliament, in any of his Majefty's Courts at JVeJiminjhr or elfewhere, againft any Jurtice of Peace, Mayor or Bailiff of City or Town Corporate, Headborough, Port-Reve, Conftable, Tithingman, Colledor of Subfidy or Fifteens, for or concerning any Matter, Caufe or Thing, by them or any of them done by Virtue or Reafon of their or any of their Office or Offices,That it fliiall be lawful to and for every fuch Juftice of Peace, Mayor, BailiiF, Conftable or other Officer or Officers before named, and all others which in their Aid or AlMancc, or by their Commandment, fhall do any Thing touching or concerning his or their Office or Offices, to plead the general Ilfue, that he orthey are' not guilty, (3 J and to give fuch Special Matter in Evidence to the Jury which Ihall try the fame, which Special Matter being pleaded had been a good and fufficient Matter in Law to iiave difcharged the faid Defendant or Defendants of the Trefpafs, or other Matter laid to his or their Charge : (4) And that if the Verdia fhall pafs with the faid Defendant or Defendants in any fuch Aftion, or the Plaintiff or Plaintiffs therein become nonfuit, or fuffer any Difcontinuance thereof, That in every fuch Cafe the Juftiees or Juftice, or fuch other Judge before whom the faid Matter fliall be tried, fhalf by- Force and Virtue of this Acft allow unto the Defendant or Defendants his or their double Cofts, which he or they fliall have fuffcained by Reafon of their wrongful Vexation in Defence of the faid Adtion or Suit; (j) for which the laid Defendant or Defendants fhall have like Remedy as in other Cafes where Cofts by the Laws of this Realm are given to the Defendants. (6) And this Adt to continue for feven Years, and from thence to the End of the next Parliament after the faid feven Years;fThis Statute is enlarged, and made perpetual, 21 Jae. i. c. 12. but fee 21 Jac. r. c 28- which only continues it to the End of thefirft Seffion of the next Parliament.} CAP. VI. An- Aft for adminlftring the Oath of Allegiance, Recufants. and Reformation of married Women 5 Jac. I. c. 4^ « Who (hall take t the Oath of Obedience to the ' King, and by ' whom it (hall be ( miniftred, and witliin what ' Time. < J Bu;flrv roq., Every Perfon above tfie Age of eighteen WH E R E A S by a Statute made in the third Year of your Majefty's Reign, intituled. An ASt for the better Uifcovering and-RepreJJing of PopiJIi Recufants, the Form of an Oath to be miniftred and given to certain Perfons in the fame A&. mentioned is limited and prefcribed, tending only to the Declaration of fuch Duty as every true and well-affefted Subject, not only by Bond of Allegiance, but alio by the Commandment of Ahitighty God, ought to bear to yourMajelty, your Heirs and Succeflbrs : ' (z) Which Oath fuch as are infedted with Pojailh Superftjtion do oppugne with many falfe and unfound ' Arguments, the juft Defence whereof your Majefty hath heretofore undertaken and worthily performed, ' IL And to fhew how greatly your Loyal Subjects do approve the farid'Oath ;' They proftrate them- felves at youi; Majefty's Feet, befeeching your Majefty that the fame Oath may be adminiftred to all your Years herein in- S-ubj'eds : To which End we with all humblenefs befeech your Highnefs. that it may be enacted, (2) and the'^o'^th^'f'^''* ^'^ it'ena<5Ved, by the Authority of tliis prefent Parliament, That all and every Perfon and Perfons, as well Obedience^ Ecclefiaftical as Temporal, of what Eftate, Dignity, Preheminence, Sex, Quality or Degree foever he, Ihe or they be, or ftia-ll be, above the Age of eighteen Years, being hereafter in this Adl mentioned and intended, Ihai'l make, take and receive a corporal Oath upon the Evangelifts, according to the Tenor eafhPei^fonTail '^^^ Effect of the faid Oath fet forth in the faid forementioned Statute, before fuch Perfon or Perfons as. taketheOath. hereafter in this Ad: is exprelled ; That is to fay, (3) all and every Archbifhop and Bilhop that now is.j 3 Jac. I.e. 4. or hereafter fhall be, before the Lord Chancellor or Lord Keeper of the Great Seal for th&l Time being. Bimops'^Ecciefi^ in. And all and every Ecclefiaftical Judge, Officer and Minifter, of what Eftate, Dignity, Preheminence aiiicai fudges '' or Dc^ec focver he or they be or fhall be, before the Archbifhop of the Province, or Bifhop, or other and Officers. Ordinary of the Diocefe for the Time being, wherein fuch Ecclefiaftical Judge, Officer or Minifter ought to exercife his faid Office, Place or Fundrion. A Baron or Ba- JV, And all and every Perfon and Perfons of or above the Degree of a Baron of Parliament, or that Degree"^* Baronefs of this your Highnefs Realm of ^wf/aW, and all of your Higlmefs Privy Council refiding in Privy Counfel- London ot TVeJlm'mfler, or within thirty Miles tliereof,, and the Prefidents of JVaks and the North Parts, before any four of your Highnefs Privy Council, whereof the Lord Chancellor, Lord Treafurer, Lord Privy Seal or Principal Secretary for the Time being, to be one : (2) And if fuch Perfon or Perfons live aiid refide in the Country, diftant above thirty MiLes from London, then before the Lord Bifliop of the Diocefe, or fuph other Perfon or Perfons as the Lord Chancellor or Lord Keeper of the Great Seal for the Time being (hall thereto by Writ oi Dedjmus poteftatem authorize. V. And all and every the fworn Servants,, ordinary and extraordinary, of your Highnefs, the Queen's Grace, or of the Houlhould of the Prince of Wales, and of the reft of your Highnefs Children, before the Lord Steward, the Lord Chamberlains and Vice-Chamberlains to your Highnefs and the Queen, the Treafurer and Comptroller of your Highnefs Houfhold, the Mafter of your Highnefs Horfe, the Dean of the Chapel, and the Knight-Marl1i;il for the Time being, the Officers of the Green-Cloth, or any three of them, 8 VL Air tors andPrefi- derrts, The fv/orn Ser- vants of the K'ng, the Q.i'-een, Prince, iSiC,
 * to the great Contentment of all your lovirig Subjects, notwithftanding tlie Gain-fayings of contentious
 * " Adverf^ries. ..'.:......