offence, the Overseers of the Poor of such place shall pay the Sum of £10 to each of such Inhabitants. By s. 6., upon such Constable or other Officer entering into such Recognizance, the said Justice shall issue his Warrant to apprehend the Offender, and shall bind him over to appear and answer to such Indictment as shall be found against him. the management houses shall be deemed the keepers thereof. The 8th section recites, that "by reason of the many subtle Persons having and crafty contrivances of persons keeping Bawdy-houses, of disorderly Gaming-houses, or other disorderly Houses, it is difficult to prove who is the real Owner or Keeper thereof, by which means many notorious Offenders have escaped Punishment," and then enacts, that any person who shall at any time hereafter appear, act, or behave him or herself as Master or Mistress, or as the person having the care, government, or management of any Bawdy-house, Gaming-house, or other Disorderly House, shall be deemed and taken to be the Keeper thereof, and shall be liable to be prosecuted and punished as such, notwithstanding he or she shall not in fact be the real Owner or Keeper thereof. By s. 9., upon any such Prosecution any person may give Evidence against the Defendant, or on the behalf of such Defendant, in such Prosecution, notwithstanding his or her being an Inhabitant or Parishioner of the said Parish or Place, or having entered into such Recognizance as aforesaid. By s. 10. no Certiorari shall be allowed to remove any such Indictment. The Statute 58 G. 3. c. 70. (s. 7.) recites the sixth section of the above Statute, 25 G. 3. c. 36., and that it is expedient that when any Two Inhabitants of any Parish or Place, paying Scot and bearing Lot therein, shall give Notice in Writing to any Constable of such Parish or Place of any person keeping a Bawdy-house, Gaming-house, or any other Disorderly House, in such Parish or Place, that the Overseers of the Poor of such Parish or Place shall have Notice thereof; therefore be it enacted, and it is hereby enacted, that a Copy of the Notice which shall be given to such Constable shall also be served on or left at the places of Abode of the Overseers of the Poor of such Parish or Place, or one of them, and such Overseers or Overseer of the Poor shall be summoned or have reasonable Notice to attend before such Justice of the Peace before whom such Constable shall have Notice to attend; and if such Overseers or Overseer of the Poor who are to proshall then and there enter into such Recognizance to prosecute secute. such Offender as the Constable is in and by the said Act required Notice shall be given also to the the Poor, as Overseers of well as to Constables, to enter into, then it shall not be necessary for, nor shall such Constable be required to enter into such Recognizance; but if such Overseers or Overseer of the Poor shall neglect to attend such Justice on having such Notice, or shall attend and shall decline or refuse to enter into such Recognizance to prosecute, then such Constable shall enter into the same, and shall prosecute, and shall be entitled to his Expences, to be allowed as in and by the said Act is directed. III. Depositing offensive Substances within or near to Cities, &c. Item, for that so much Dung and Filth of the Garbage and Entrails, as well of Beasts killed as of other Corruptions, be cast and put in Ditches, Rivers, and other Waters, and also within many other places within, about, and nigh unto divers Cities, Boroughs, and Towns of the Realm, and the Suburbs of them, that the Air there is greatly corrupt and infect, and many Maladies and other intolerable Diseases do daily happen, as well to the Inhabitants and those that are conversant in the said Cities, Boroughs, Towns, and Suburbs, as to other repairing and travelling thither, to the great Annoyance, Damage, and Peril of the Inhabitants, Dwellers, Repairers, and Travellers aforesaid; it is accorded Penalty on per- and assented, that Proclamation be made as well in the City of sons depositing London as in other Cities, Boroughs, and Towns through the filth near to great towns. Realm of England, when it shall be needful, as well within Franchises as without, that all they which do cast and lay all such Annoyances, Dung, Garbage, Entrails, and other Ordure, in Ditches, Rivers, Waters, and other places aforesaid, shall cause them utterly to be removed, avoided, and carried away, betwixt this and the Feast of Saint Michael next ensuing after the end of this present Parliament, every one upon pain to lose and forfeit to our Lord the King xx. li.; and that the Mayors and Bailiffs of every such City, Borough, or Town, and also the Bailiffs of Franchises, shall compel the same to be done, upon like pain and if any feel himself grieved that it be not done in the manner aforesaid, and will thereupon complain him to the Chancellor, after the said Feast, he shall have a Writ to make him of whom he will so complain come into the Chancery, there to shew why the said Penalty should not be levied of him; and if he cannot duly excuse himself, the said Penalty shall be levied on him. And moreover, Proclamation shall be made, as well in the said City of London as in other Cities, Boroughs, and Towns as afore, that none, of what condition soever he Chief Officers of towns shall cause such filth and other nuisances to be removed. The Chancellor may grant a writ of nuisance. be, cause to be cast or thrown from henceforth any such Annoyance, Garbage, Dung, Entrails, nor any other Ordure, into the Ditches, Rivers, Waters, and other places aforesaid, and if any do, he shall be called by Writ before the Chancellor, at his suit that will complain; and if he be found guilty, he shall be punished after the discretion of the Chancellor. 12 R. 2. c. 13. Daths. § 1. The Oaths of Allegiance, Supremacy and Abjuration, and Perhaps the matter under this head does not strictly come § 1. The Oaths of Allegiance, Supremacy, and Abjuration, and the Declaration against Transubstantiation; and who are bound to take and make them. taken by certain officers. By the Statute 1 Eliz. c. 1. s. 19. it is enacted that every The oath of su§ 1. Archbishop, Bishop, and every other Eclesiastical Person, premacy to be Officer, and Minister, of what estate, dignity, preheminence, or degree soever he shall be, and every Temporal Judge, Justice Mayor, and other Lay or Temporal Officer and Minister, and every other person having your Highness fee or wages within this Realm or any the King's Dominions, shall make, take, and receive a corporal Oath upon the Evangelist, before such person as the King shall, under the Great Seal, assign and name to accept and to take the same, according to the tenor and effect following; that is to say, I A. B. do sincerely promise and swear, that I will be faithful and bear true Allegiance to their Majesties King William and Queen Mary. So help me God, &c. Penalty for refusing to take the oath. Offences under this Act shall be proved by two witnesses. Who shall take the oath of supremacy and allegiance. I A. B. do swear, that I do from my heart abhor, detest, and This is the Oath now in force, and is contained in the Statute 1 W. & M. c. 8., being substituted by that Act for the one directed to be taken by the Statute 1 Eliz. (1) And if any such Archbishop, Bishop, or any other Ecclesiastical Officer or Minister, or any of the said Temporal Judges, Justiciaries, or other Lay Officer or Minister, shall peremptorily or obstinately refuse to take or receive the said Oath, that then he so refusing shall forfeit and lose only during his life, all Ecclesiastical and Spiritual Promotion, Benefice and Office, and every Temporal and Lay Promotion and Office, which he had solely at the time of such refusal made. 1 Eliz. c. 1. s. 20. No person shall be indicted or arraigned for any offences made or revived by this Act, unless there be two sufficient Witnesses or more to testify and declare the said offences; and that such Witnesses, or so many of them as shall be living and within the Realm at the time of the Arraignment of the person indicted, shall be brought forth in person face to face before the party arraigned, and there shall testify and declare what they can say against the party so arraigned, if he require the same. s. 37. All persons required by 1 Eliz. c. 1. to take the said Oath, and all persons which have taken Ecclesiastical Orders, being promoted or admitted to any Degree of Learning in any University, and all Schoolmasters and public and private Teachers of Children, and all persons taking any Degree of Learning in or at the Common Law, as well utter Barristers as Benchers, Readers, Ancients in any House of Court, Principal, Treasurers, and such as be of the Grand Company of every Inn of Chancery, and all Attornies, Prothonotaries, and Philizers towards the Laws, and all Sheriffs, Escheators, and Feodaries, and all Persons admitted to any Ministry or Office belonging to the Common Law, or any other Law to the execution of them, or to the (1) But see also the Oaths at length in the Statute 1 G. 1. st. 2. c. 13. such oath shall Crown; and all other Officers or Ministers of any Court what- Before whom ever, shall take the said Oath before being admitted to use or be taken. occupy any such Vocation, Office, Degree, Ministry, Room, or Service, and that in the open Court whereunto they belong, and if they do not belong to any Court, then such Oath to be taken in an open Place before a convenient Assembly to witness the same, and before such person as shall have admitted or called such person to any such Vocation, Office, &c. or before such other person as shall be assigned by Commission. 5 Eliz. c. 1. $. 5. Archbishops and Bishops may tender or minister such Oath to any Spiritual Person within his diocese, as well in Places exempt as elsewhere. s. 6. And Commissioners may be appointed by the Lord Chancellor or Keeper of the Great Seal, to tender and minister such Oath to such persons as by their Commissions they shall be authorized to do. s. 7. munire on persons refusing to If any person appointed or compellable by this Act or by Penalty of præ1 Eliz. to take such Oath, or to whom such Oath shall be tendered by the Commissioners, shall refuse to take or pronounce take the oath. the same, the party so refusing and being thereof lawfully indicted or presented within One Year after such refusal, and Limitation of convicted or attainted at any time after, shall incur the penalties prosecutions. of Præmunire. 5 Eliz. c. 1. s. 8. Certificate of re fusal to take the oath shall be certified into K.B. Persons having authority to tender the Oath shall, within Forty Days after such refusal if in Term, and if not at the First Day of the next full Term following such Forty Days, make a certificate under his hand and seal, of the Names, Places, and Degrees of the person so refusing into K. B., upon pain to forfeit £100. And the Sheriff of the County where the Court of K. B. shall when such offor the time be held, shall impannel a Jury of such County to indictable. enquire upon such refusal, which Jury may, upon such certificate Dyer, 234-and other evidence, proceed to indict persons so offending in Salk. 47. such sort as the same Jury may do of any offence committed in the County for which such Jury is so impannelled. s. 9. fence shall be Members of Parliament shall take the Oath before the Lord Members of Steward or his Deputy, on pain of incapacity. s. 16. parliament. Persons above the degree of a Baron not compellable to take Barons. the Oath. s. 17. No person shall be compelled to take the Oath upon the second offering of the same, except such person as shall wilfully refuse to observe the orders and rites for Divine Service to be used in the Church of England, after having been publicly, by the Ordinary or some of his Officers for Ecclesiastical Causes, admonished to Who shall be compellable to take the oath upon a second tender. |