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authority_n ecclesiastical_a jurisdiction_n spiritual_a 4,670 5 7.0518 4 true
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A52196 Acts and laws passed by the great and general court or assembly of Their Majesties province of the Massachussets-bay, in New England begun at Boston, the eighth day of June 1692, and continued by adjournment, unto Wednesday the twelfth day of October following : being the second sessions. Massachusetts. General Court. 1692 (1692) Wing M950; ESTC R8928 80,538 97

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if any person or persons upon whom any Process out of any Court of Record shall be Served to Testifie or Depose concerning any Cause or matter Depending in any of the same Courts and having tendred unto him or them such reasonable Sums of Mony for his or their Costs and Charges as having regard to the distance of the places is necessary to be allowed in that behalf do not appear according to the Tenor of the Process having no lawful or reasonable Let or Impediment to the contrary Penalty for Non-appearance that then the party so making Default shall for every such Offence Lose and Forfeit Forty Shillings and shall yield such further Recompence to the Party grieved as by the Discretion of the Justices of the Court out of which such Process Issued shall be Awarded according to the Loss and Hindrance that the Party which procured the said Process shall sustain by reason of the Non Appearance of the said Witness or Witnesses the said several Sums to be Recovered by the Party so grieved against the Offender or Offenders by Action of Debt Bill Plaint or Information in any of Their Majesties Courts of Record in which no Wager of Law Essoign or Protection to be Allowed Justices may Grant Summons Capias or Attachment It is further Declared and Enacted by the authority aforesaid That every Justice of the Peace may Grant Summons Capias or Attachment in all Civil Actions Triable before him An Act Requiring the Taking the Oaths appointed to be taken instead of the Oaths of Allegiance and Supremacy WHEREAS Their Royal Majesties in and by Their Charter for the Erecting and Incorporating of Their Province of the Massacausests-Bay in New-England Have Granted and Ordained That the Governour or Lievtenant or Deputy Governour of Their said Province or Territory for the time being or either of them or any Two or more of the Council or Assistants for the time being as shall be thereunto appointed by the said Governour shall and may at all times and from time to time have full Power Authority to Administer Give the Oaths appointed by an Act of Parliament made in the First Year of Their present Majesties Reign Entituled An Act for the Abrogating of the Oaths of Allegiance and Supremacy and appointing other Oaths to be taken stead of the Oaths of Allegiance and Supremacy to all and every person and Persons which are now Inhabiting or Residing within the said Province or Territory Or which shall at any time or times hereafter go or pass thither Now to the Intent that there be no failure herein but that Their Majesties Subjects within this Their Province may accordingly Recognize their Duty and Allegiance BE it Enacted and Ordained by His Excellency the Governour Council and Representatives in General Court Assembled And by the Authority of the same That the Oaths in said Act mentioned and thereby appointed to be taken in stead of the Oaths of Allegiance and Supremacy All male persons of 18 years and upwards to take the oaths and each of them be and shall be forthwith Administred and given unto all Male persons of the Age of Eighteen Years or above Inhabiting or Residing in any Town or Place within this Province that have not already taken the same and shall make it so appear by his Excellency the Governour or the Lievtenant or Deputy Governour or any two or more of the Council or Assistants or such others as shall be thereunto appointed by the Governour and the List of the Names of all persons so Sworn to be returned into the Secretary ' s Office And be it further Enacted by the Authority aforesaid That if any person or persons shall refuse to take the said Oaths Penalty for refusing or either of them when tendered to him or them by any persons lawfully Authorized as is aforesaid to Administer or Tender the same the person or persons so Tendering the said Oaths or either of them shall commit the said person and persons so refusing to the Common Goal or House of Correction there to remain without Bail or Mainprize for the space of Three Months Unless such Offender shall pay down to the said person or persons so Tending the said Oaths or either of them such Sum of Money not exceeding Forty Shillings as the said person or persons so Tendring the said Oaths or either of them shall require such Offender to pay for his said refusal which Money shall be paid to the Select-Men or Overseers of the poor of the Town or place where such Offender did last inhabit AND Unless every such Offender shall also become bound with two Sufficient Sureties with Condition to be of the Good Behaviour and also to appear at the next General Quarter-Sessions of the Peace to be held for the fame County where such Offender doth Inhabit or Reside at which Court of Quarter Sessions the said Oaths shall be again Tendered to every such Offender by the Justices of the said Court in open Sessions And if the said Offender shall refuse to take the said Oaths or either of them when Tendred to him by the said Justices in open Sessions as is aforesaid the said Justices Tendring the said Oaths shall Commit the said Person and Persons so refusing to the Common Goal or House of Correction there to remain for the space of six Months unless every such Offender shall pay down to the Justices so Tendring the said Oaths such Sum of Money not exceeding Ten Pounds nor under Five Pounds as the said Justices shall require such Offender to pay for his Second Refusal the said Money to be disposed of in manner aforesaid and unless every such Offender shall likewise become bound with Two Sufficient Sureties with Condition to be of the good Behaviour until he or they do take the said Oaths And whereas there are certain persons who scruple the taking of any Oath Be it Enacted by the Authority aforesaid That every such Person shall Make and Subscribe the Declaration of Fidelity following viz. I A. B. Do sincerely Promise Declaration of fidelity and solemnly Declare before God and the World That I will be True and Faithful to King WILLIAM and Queen MARY And I do Solemnly Profess and Declare that I from my Heart Abhor Detest and Renounce as Impious and Heretical that Damnable Doctrine and Position That Princes Excommitted cated or Deprived by the Pope or any Authority of the SEE of ROME may be Deposed or Murdered by their Subjects or any other whatsoever And I do Declare that no Forreign Prince Person Prelate State or Potentate hath or ought to have any Power Jurisdiction Superiority Preheminence or Authority Ecclesiastical or Spiritual within the Realm of Engiand or any of Their Majesties Dominions An Act For the Establishing of Form's of Oaths BE it Declared and Enacted by the Governour Council and Representatives in General Court Assembled And hy the Authority of the same That the several Forms of Oaths