league and covenant; and that the fame was in it felf an unlawful oath, and impofed upon the fubjects of this realm against the known laws and liberties of the kingdom. !

ed.

VII. And that all fuch of the faid mayors and other the per- Those who fons aforefaid, by whom the faid oaths are to be taken, and de- refufe the claration subscribed as aforefaid, who fhall refuse to take and oaths remo fubfcribe the fame within the time and in manner aforefaid, fhall, from and immediately after fuch refufal, be by authority of this act (ipfo facto) removed and displaced of and from the faid offices and places refpectively; (2) and the faid offices and places from and immediately after fuch refufal, fhall be and are hereby declared and adjudged to be void to all intents and purposes, as if the said respective persons so refusing were naturally dead.

VIII. And nevertheless, be it further enacted by the autho. Commiffiority aforesaid, That the faid commiffioners, or any five or more ners have of them, fhall have full power by virtue of this act, by order power to res and warrant under their hands and feals, to displace or remove their wills, move any at any of the perfons aforefaid from the faid refpective offices and though they places or trufts aforefaid, if the faid commiffioners, or the ma- offer to take jor part of them then prefent, fhall deem it expedient for the the oaths. publick fafety, although fuch perfons fhall have taken and fubfcribed, or be willing to take and fubfcribe, the faid oaths and declaration.

IX. And be it alfo enacted, That the faid refpective commif- Their power fioners, or any five or more of them as aforesaid, fhall have to restore any power to restore such person or perfons as have been illegally or magiftrate ununduly removed, into the places out of which he or they were duly removed. removed; and also to put and place into the offices and places which by any of the ways aforefaid fhall be void refpectively, fome other person or perforts then being, or which have been members or inhabitants of the faid refpective cities, corporations and boroughs, and cinque ports and their members, and other-port-towns; (2) who fhall before the faid respective commiffioners or any three or more of them, take the faid oaths of obedience and fupremacy, and the faid other oath, and fubfcribe the declaration herein before particularly mentioned, and that the faid perfons from and after the taking of the faid oaths, and fubfcribing the faid declaration, fhall hold and enjoy, and be vefted in, the faid places and offices, as if they had been duly elected and chofen according to the charters and former ufages of the said respective cities, corporations and boroughs, cinque ports and their members, and other port-towns.

the oaths.

X. And be it further enacted by the authority aforefaid, That Commiffiothe faid respective commiflioners, or any three or more of them ners impowrespectively, fhall have power, during the continuance of their ered to give refpective commiffions, to adminifter the oaths aforefaid, and who fhall give tender the faid declaration, to the faid perfons hereby required the oath after to take and fubfcribe the fame; (2) and from and after the ex- the commifpiration of the faid refpective commiffions, the faid three oaths fions are de

and

termined.

26

The commif

remembian

ces.

Anno decimo CAROLI II. ftat. 2. c. r.

A

[1661 and declaration fhall be from time to time adminiftred and tendred to fuch perfon and perfons, who by the true meaning of this act or any claufe therein contained are to take the fame, by such perfon or perfons refpectively, who by the charters or ufages of the faid respective cities, corporations and boroughs, and cinque ports and their members and other port-towns, ought to adminifter the oath for due executing the faid places or offices refpectively; (3) and in default of fuch, by two juftices of the peace of the faid cities, corporations and boroughs, and cinque ports and their members, and other port-towns, for the time being, if any fuch there be, or otherwife by two justices of the peace for the time being, of the refpective counties where the said cities, corporations or boroughs, or cinque ports or their members, or other port-towns are.

XI. And be it likewife enacted by the authority aforesaid, fioners to keep That the faid commiffioners, juftices of the peace, and other perfons hereby anthorized to adminifter the faid oaths and tender the faid declaration refpectively, fhall caufe memorandums or entries to be made of all oaths taken before them, and fubfcriptions made as aforefaid, and deliver the fame once in a year to the refpective town clerks or other register or clerk of the faid refpective cities, corporations and boroughs, and cinque ports and their members, and other-towns, who thall caufe the fame to be fairly entered into the books or registers belonging to the faid refpective ci ies, corporations or boroughs, or cinque ports and their members, or other port-towns.

And give them to the town-clerks, &c.

None to be a

ceive the facrament.

Further provifions relating bereto.

XII. Provided alfo, and be it enacted by the authority aforemagiftrate un- faid, That from and after the expiration of the faid commiffions, lefs he take the no perfon or perfons fhall for ever hereafter be placed, elected or oaths and re- chofen, in or to any the offices or places aforefaid, that thall not have within one year next before fuch election or choice, taken the facrament of the Lord's fupper, according to the rites of the church of England; (2) and that every fuch perfon and perfons fo placed, elected or chofen, fhall likewife take the aforefaid three oaths, and fubfcribe the faid declaration at the fame time when the oath for the due execution of the faid places and offices respectively shall be adminiftred; (3) and in default hereof, eveVen.247,248. ry fuch placing, election and choice is hereby enacted and declared to be void.

5

Geo. 1. c. 6.

f. 3.

Carthew 306.

3 Lev. 116.

The ufual oath.

How long the commiflioners power shall continue.

XIII. Provided always, and be it enacted, That every perfon who fhall be placed in any corporation by virtue of this act, fhall upon his admiffion take the oath or oaths ufually taken by the members of fuch corporation.

XIV. Provided alfo, and be it hereby enacted, That the pow ers granted to the commiffioners by virtue of this act, shall continue and be in force until the five and twentieth of March one thoufand fix hundred fixty-three and no longer.

Commiffion- XV. Provided, That if any action, bill, plaint or fuit fhall at ers fued may any time hereafter happen to be brought or commenced against plead the ge-, any perfon or perfons nominated a commiffioner as aforefaid, for recover treble any matter or thing by them or any of them done by virtue or

coits.

in pursuance of this act, That then it shall be lawful to and for every fuch perfon and perfons against whom fuch action, bill, plaint or fuit fhall be brought or commenced, to plead the general iffue, and to give this act, or any other special matter in evidence; (2) and if the verdict fhall pafs with the defendant or defendants in any fuch action, or the plaintiff or plaintiffs become nonfuit, or fuffer any difcontinuance thereof, that in every fuch case the judge or judges before whom the faid matter fhall be tried, or be depending, fhall by force and virtue of this act allow unto the defendant or defendants his or their treble cofts, which he or they fhall have fuftained by reason of their wrongful vexation in defence of the faid action or fuit, for which the faid defendant or defendants fhall have like remedy as in other cafes where cofts by the laws of this realm are given to the defendants.

XVI. Provided always, as it is hereby declared, That this Reverfions of act, or any thing therein contained, fhall not extend or be to offices in London faved. the prejudice of any perfon or perfons whatsoever, that hath any reverfion or reverfions of any of the offices or places belonging to the city of London, by force or virtue of any order, grant, defignation or nomination of the lord mayor and court of aldermen of the faid city heretofore refpectively made or granted to him or them before the times of the late wars, for or in refpect of fuch grants, defignation or nomination only; any thing in this act to the contrary notwithstanding.

CAP. II.

An act for prevention of vexations and oppreffions by arrefts, and of delays in fuits of law.

WE

fundamental

cause of action

THEREAS by the ancient and fundamental laws of this realm, The ancient in cafe where any perfon is fued, impleaded or arrested by any law in prowrit, bill or process iffuing out of any of his Majefty's courts of record ceeding to arat Westminster, in any common plea, at the fuit of any common per- refts upon fon, the true caufe of action ought to be fet forth and particularly ex- fuits, to expreffed in fuch writ, bill or process, whereby the defendant procefs, whereby the defendant may have prefs the true certain knowledge of the caufe of the fuit, and the officer who fhall ex- in the process. ecute fuch writ, bill or procefs, may know how to take fecurity for the appearance of the defendant to the fame, and the fureties for fuch appearances may rightly understand for what cause they become engaged; (2) and whereas there is a great complaint of the people of this realm, that for divers years now laft paft very many of his Majesty's good fubjects have been arrefted upon general writs of trespass, Quare claufum fregit, bills of Middlefex, Latitats, and other like writs iffued out of the courts of King's bench and common pleas, not expreffing any particular or certain cause of action, and thereupon kept prifoners for a long time for want of bail, bonds with fureties for appearances having been demanded in fo great jums, that few or none have dared to be fecurity for the appearances of fuch perfon fo arrested and imprisoned, although in truth there hath been little or no caufe of aetion; (3) and oftentimes there are no fuch persons who are named plaintiffs, but thofe arrefts have been many times procured by malicious

perfons

Perfons arrest

ed by procefs

out of the

or common

pleas, not expreffing the caufe of ac

perfons, to vex and opprefs the defendants, or to force from them unreafonable and unjust compofitions for obtaining their liberty; and by fuch evil practices many men have been, and are daily undone, and deftroyed in their eftates, without poffibility of having reparation, the a&tors employed in fuch practices having been (for the most part) poor and lurking perfons, and their actings fo fecret, that it hath been found very difficult to make true difcoveries or proof thereof:

II. For remedy and prevention of which fo great growing evils and mifchiefs, and alfo for difcouraging all frivolous and unjust suits, and causeless arrefts for the future; (2) be it enactKing's bench ed by the King's most excellent majefty, by and with the advice and consent of the lords fpiritual and temporal, and commons, in this prefent parliament affembled, and by the authority of the fame, That from and after the twelfth day of February in the year of our Lord one thousand fix hundred fixty and one, no perfon or persons who fhall happen to be arrested by any thefet at liberty, riff, under-fheriff, coroner, fteward, or bailiff of any franchife upon their own bonds for or liberty, or by any other officer, minifter, under-bailiff or appearance. other perfon or perfons whatsoever, within this realm, having

tion how to

be bailed and

or pretending to have authority or warrant in that behalf, by force or colour of any writ, bill, or process iffuing or to be iffu ing out of his Majesty's faid courts of the King's bench and common pleas, or either of them, in which faid writ, bill or procefs, the certainty and true caufe of action is not expreffed particulary, and for which the defendant or defendants in fuch writ, bil! or procefs named, is and are bailable by the ftatute in that behalf made in the three and twentieth year of the reign of 23 H. 6. c. 9. the late King Henry the Sixth, fhall be forced or compelled to give fecurity or to enter into bond with fureties, for the appearances of fuch person or persons so arrefted, at the day and place in the faid writ, bill or procefs fpecified or contained, in any penalty or fum or fums of money, exceeding the fum of forty pounds of lawful money of England, to be conditioned for fuch appearances; (3) and that all fheriffs and other officers and minifters aforefaid fhall let to bail and deliver out of prison, and from their and every of their cuftodies refpectively, all and every perfon or perfons whatsoever, by them or any of them arrefted upon any fuch writ, bill or procefs, wherein the certainty and true caufe of action is not particularly expreffed, upon fecurity in the fum of forty pounds and no more, given for appearance of fuch perfon or perfons fo arrested unto the faid fheriff or officer aforefaid, according to the faid ftatute in the said three and twentieth year of the reign of the faid late King Henry the Sixth in that behalf made and provided.

III. And be it further enacted by the authority aforesaid, That upon appearance to be entred in the term wherein fuch writ, bill or process is returnable, with the refpective officer in that behalf, for the faid perfon or perfons, by attorney or attornies in the faid refpective courts from whence the faid writ, bill or procefs iffued, unto fuch writ, bill or procefs, the bond or bonds fo given for appearance thereunto, be and are hereby fatisfied and dif

charged;

charged; (2) and that after such appearance fo entred, no amer- Bonds (given ciaments be fet or eftreated upon or against any fheriff or other for) discharg ed upon apofficer aforefaid, or any other perfon whatsoever, concerning pearance. the want of fuch appearance; (3) and unless the plaintiff or plaintiffs in any fuch writ, bill or procefs named, fhall put into the court from whence fuch writ, bill or process did iffue, his or their bill or declaration against the perfon or persons so arrefted, in some perfonal action, or ejectione firma of lands or tenements, before the end of the term next following after appearance, that then a nonfuit for want of a declaration may be en- Nonfuit for tred against the said plaintiff or plaintiffs in the faid courts re- want of a defpectively; (4) and that every defendant in every such writ, bill or procefs named, fhall or may have judgment to recover cofts of the next against every fuch plaintiff or plantiffs, to be affeffed, taxed and term after aplevied in fuch manner, and according as it is provided by the pearance and judgment and ftatute for cofts, made in the three and twentieth year of the cofts against reign of the late King Henry the Eighth; any former or other the plaintiff. = act, ftatute, ordinance, law, custom, order, courfe or ufage of 23 H. 8. c. 15. either of the faid courts, to the contrary thereof heretofore had, made, admitted or used in any wife notwithstanding.

claration before the end

tum, attachments upon

IV. Provided always, That this act, nor any claufe or thing Arrest upon herein before specified or contained, fhall not extend, nor be capias uilaga conftrued or taken to extend, unto any arrests hereafter to be made upon or by virtue of any writ of capias utlagatum, attach- rescous, conment upon rescous, or attachment upon any contempt, or of any tempts, and of attachment of privilege at the fuit of any privileged perfon, or privileges exof any other attachment for contempt whatfoever, iffuing or to cepted. be iffuing out of either of the faid courts, although there be no particular certainty of the cause of action expreffed or contained in the said writs; (2) but that nevertheless no (heriff nor underfheriff, nor any of the officers or minifters aforefaid, shall difcharge any person or perfons taken upon any writ of capias utlagatum out of cuftody, without a lawful fuperfedeas first had and received by the same: (3) and that upon the said writs of attachment, fuch lawful course be taken for fecurity for appearance therein as hath been heretofore used; any thing herein before expreffed to the contrary thereof in any wife notwithstanding.

V. And whereas many perfons out of ill intent to delay their creditors from recovering their juft debts, continue prifoners in the fleet, who cannot be proceeded against in fuch manner as they might be, if they were at large: now for the better enabling all perfons to recover their juft debts and demands against fuch prifoners, (2) How perfons be it further enacted by the authority aforefaid, That every per- having cause fon or persons whatsoever, who now hath or have, or which at of action may any time hereafter fhall have, caufe of any perfonal action against proceed a gainst prifo. any perfon being a prifoner in the prifon of the fleet, may fue hers in the forth an original writ upon his or their caufe of action; and that fleet. a writ of habeas corpus be granted to every fuch perfon or perfons, being plaintiff or plaintiffs, defiring the fame to be directed to the warden of the fame prifon, to have the body of fuch prisoner before the juftices of the common pleas, at fome

certain