the Intent and Meaning of this Act, in whatever Form or Manner the same shall be administered or taken; and whether the same shall be actually administered by any person or persons to any other person or persons, or taken by any person or persons without any Administration thereof by any other person or persons. 37 G. 3. c. 123. s. 5. committed out Provided also, that any Offence committed against this Act Where offences on the High Seas, or out of this Realm, or within that Part of of England or on Great Britain called England, shall and may be prosecuted, the high seas shall be prosetried, and determined before any Court of Oyer and Terminer cuted. or Gaol Delivery, for any County in that part of Great Britain called England, in such Manner and Form as if such Offence had been therein committed; and if committed in that Part of Great Britain called Scotland, shall and may be prosecuted, tried, and determined, either before the Justiciary Court at Edinburgh, or in any of the Circuit Courts in that part of the United Kingdom. s. 6. under this Act, shall not be tried again for the but if not so Provided also, that any person who shall be tried and acquitted Persons tried or convicted of any Offence against this Act, shall not be liable to be indicted, prosecuted, or tried again for the same Offence or Fact, as High Treason, or Misprision of High Treason; and that nothing in this Act contained shall be construed to extend to prevent any person guilty of any Offence against this Act, and who shall not be tried for the same as an Offence against this Act, from being tried for the same as High Treason or Misprision of High Treason, in such manner as if this Act had not been made. s. 7. lawful oaths. The Statute 52 G. 3. c. 104., "to render more effectual an Act passed in the Thirty-seventh Year of his present Majesty, for preventing the administering or taking unlawful Oaths," recites the passing of the Statute 37 G. 3. c. 123., and that it is expedient that more effectual Provisions should be made as to certain Oaths; and then enacts, that every person who shall in Punishing the any manner or form whatsoever, administer or cause to be ad- administering and taking unministered, or be aiding or assisting at the administering of any Oath or Engagement, purporting or intending to bind the person taking the same to commit any Treason or Murder, or any Felony, punishable by Law with Death, shall, on conviction thereof by due course of Law, be adjudged guilty of Felony, and suffer Death as a Felon without Benefit of Clergy; and every person who shall take any such Oath or Engagement, not being compelled thereto, shall, on Conviction thereof by due course of Law, be adjudged guilty of Felony, and shall be transported Persons compelled to take such oaths, not justified, unless they declare the same within fourteen days. Persons confessing before being charged, indem nified. Persons aiding, to be administered, though not present, to be deemed principals. as a Felon for the term of his natural Life, or for such term of Years as the Court before which the said Offender or Offenders shall be tried shall adjudge. Provided always, that compulsion shall not justify or excuse any person taking such Oath or Engagement, unless he or she shall, within Fourteen Days after the taking thereof, if not prevented by actual Force or Sickness, and then within Fourteen Days after the hindrance produced by such Force or Sickness shall cease, declare the same, together with the whole of what he or she shall know touching the same, and the person or persons by whom, and in whose presence, and when and where such Oath or Engagement was administered or taken, by Information on Oath before one of his Majesty's Justices of the Peace, or one of his Majesty's Principal Secretaries of State, or his Majesty's Privy Council; or in case the person taking such Oath or Engagement shall be in actual Service in his Majesty's Forces by Sea or Land, then by such Information on Oath as aforesaid, or by Information to his Commanding Officer. s. 2. Provided also, that every person who before he shall be charged with any Offence under the said recited Act or this Act, in taking any Oath or Engagement described in the said recited Act or this Act, shall, within Three Months after the passing of this Act, appear before some Justice of the Peace or Magistrate, and declare the same, and the Oath or Engagement so taken, and when and where the same was taken, and in what manner, and who shall at the same time take before such Justice of the Peace or Magistrate, the Oath of Allegiance to his Majesty, shall be and is hereby indemnified against any Prosecution for any Offence under the said recited Act or this Act; and no confession so made by any such person shall be given in Evidence against the person making the same in any Court or in any case whatever. s. 3. Persons aiding and assisting at the administering of any such &c. at such oaths, Oath or Engagement as aforesaid, and persons causing any such or causing them Oath or Engagement to be administered, though not present at the administering thereof, shall be deemed principal Offenders, and shall be tried as such, and on conviction thereof by due course of Law, shall be adjudged guilty of Felony, and shall suffer Death as Felons, without Benefit of Clergy, although the persons or person who actually administered such Oath or Engagement, if any such there shall be, shall not have been tried or convicted. S. 4. And be it further enacted, that it shall not be necessary in any Indictment against any person or persons administering or causing to be administered or taken, or taking any such Oath or Engagement as aforesaid, or aiding or assisting at, or present at and consenting to the administering or taking thereof, to set forth the Words of such Oath or Engagement, and that it shall be sufficient to set forth the purport of such Oath or Engagement, or some material Part thereof. 52 G. 3. c. 104. s. 5. Provided always, that any Engagement or Obligation whatsoever, in the Nature of an Oath, purporting or intending to bind the person taking the same to commit any Treason or Murder, or any Felony punishable by Law with Death, shall be deemed an Oath within the intent and meaning of this Act, in whatever form or manner the same shall be administered or taken, and whether the same shall be actually administered by any person or persons to any other person or persons, or taken by any other person or persons without any Administration thereof by any other person or persons. s. 6. cuted. Provided also, that any Offence committed against this Act, Where offences on the High Seas or out of this Realm, or within that part of may be proseGreat Britain called England, shall and may be prosecuted, tried, and determined before any Court of Oyer and Terminer or Gaol Delivery, for any County, in that Part of Great Britain called England, in such manner and form as if such Offence had been therein committed; and if committed in that Part of Great Britain called Scotland, shall and may be prosecuted, tried and determined, either before the Justiciary Court at Edinburgh, or in any of the Circuit Courts in that Part of the United Kingdom. s. 7. Provided also, and it is hereby declared, that any person who shall be tried and acquitted or convicted of any Offence against this Act, shall not be liable to be indicted, prosecuted, or tried again for the same Offence or Fact, as High Treason or Misprision of High Treason; and that nothing in this Act contained shall be construed to extend to prohibit any person guilty of any Offence against this Act, and who shall not be tried for the same as an Offence against this Act, from being tried for the same as High Treason or Misprision of High Treason, in such manner as if this Act had not been made. s. 8. Persons tried under this Act again for the not to be tried if not so tried, may be tried as for high treason, same offence, but &c. Regist. 184. and wines in deal therein. Officers. To the common Profit of the People it is agreed, that no Officer in City or in Borough, that by reason of his office ought to keep Assises of Wines and Victuals, so long as he is attendant to that office, shall not merchandize for Wines nor Victuals, roughs, shall not neither in gross nor by retail; and if any do, and be convicted thereof, the Merchandise whereof he is convict shall be forfeit to the King, and the third part thereof shall be delivered to the party that sued the offender, as the King's Gift; and in such case, he that will suefor a thing so forfeited, shall be received: and the Chancellor, Treasurer, Barons of the Exchequer, Justices of either Bench, and Justices assigned to take Assises, shall admit such Plaints by Writs and without Writs, and shall determine them, and shall perform all things contained in these Articles, in form abovesaid: and nevertheless, the King may assign his Justices to execute this thing in Cities and Boroughs, when and where it pleaseth him. 12 Ed. 2. c. 6. See the Statute 3 H. 8. c. 8., establishing Regulations as to assessing the price of Victuals when a Victualler is Chief Officer. Certain officers shall not be ap pointed for gifts. Offices (SALE of). It is accorded, that the Chancellor, Treasurer, Keeper of the Privy Seal, Steward of the King's House, the King's Chamberlain, Clerk of the Rolls, the Justices of the one Bench and of the other, Barons of the Exchequer, and all others that shall be called to ordain, name, or make Justices of Peace, Sheriffs, Escheators, Customers, Comptrollers, or any other Officer or Minister of the King, shall be firmly sworn that they shall not ordain, name, or make Justices of Peace, Sheriff, Escheator, Customer, Comptroller, nor other Officer or Minister of the King, for any Gift or Brocage, Favour or Affection; nor that none which pursueth by him or by other, privily or openly, to be in any manner Office, shall be put in the same Office, or in any other, but that they make all such Officers and Ministers of the best and most lawful Men, and sufficient to their Estimation and Knowledge. 12 R. 2. c. 2. The Statute 5, 6 Ed. 6. c. 16. intituled "Against buying and selling of Offices," recites, that for the avoiding of Corruption which may hereafter happen to be in the Officers and Ministers in those Courts, Places, or Rooms, wherein there is requisite to be had the true Administration of Justice or services of Trust; and to the intent that persons worthy and meet to be advanced to the place where Justice is to be ministered, or any service of Trust executed, should hereafter be preferred to the same and no other; and then enacts, that if any person or persons at any time hereafter bargain or sell any Office or Offices, or Deputation of any Office or Offices, or any part or parcel of any of them, or receive, have, or take any Money, Fee, Reward, or any other profit, directly or indirectly, or take any Promise, Agreement, Covenant, Bond, or any Assurance, to receive or have any Money, Fee, Reward, or other profit, directly or indirectly, for any Office or Offices, or for the Deputation of any Office or Offices, or any part of any of them, or to the intent that any person should have, exercise, or enjoy any Office or Offices, or the Deputation of any Office or Offices, or any part of any of them, which Office or Offices, or any part or parcel of them, shall in anywise touch or concern the Administration or Execution of Justice, or the Receipt, Controlment, or Payment of any of the King's Highness Treasure, Money, Rent, Revenue, Account, Aulnage, Auditorship, or surveying of any of the King's Majesty's Honors, Castles, Manors, Lands, Tenements, Woods, or Hereditaments, or any of the King's Majesty's Customs, or any other Administration or necessary Attendance to be had, done, or executed in any of the King's Majesty's Custom House or Houses, or the keeping of of the King's Majesty's Towns, Castles, or Fortresses, being used, occupied, or appointed for a place of strength and defence, or which shall concern or touch any Clerkship to be occupied in any manner of Court of Record, wherein Justice is to be ministered, that then all and every such person and persons that shall so bargain or sell any of the said Office or Offices, Deputation or Deputations, or that shall take any Money, Fee, Reward, or Profit for any of the said Office or Offices, Deputation or Deputations of any of the said Offices, or any part of any of them, or that shall take any Promise, Covenant, Bond, or Assurance for any Money, Reward, or Profit to be given for any of the said Office or Offices, Deputation or Deputations of any of the said Office or Offices, or any part of any of them, shall not only lose and forfeit all his and their right, interest, and estate which such person or persons shall then have of, in, or to any of the said Office or Offices, Deputation or Deputations, or any part of any of them, or of, in, or to the gift or nomination of any of the said Office or Offices, Deputation or Deputations, for the which Office or Offices, or for the Deputation or Deputations of which Office or Offices, or for any part of any any The bargain or offices prohibited. sale of certain |