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Dalton's The Country Justice, 1690
Volume 153, Page 537   View pdf image (33K)
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2
Addenda.

    I A. B. do swear, That I do from my Heart abhor, detest and abjure as impious and 
heretical, that damnable Doctrin and Position, That Princes excommunicated or deprived
by the Pope, or any Authority of the Sea of
Rome may be deposed or murthered
by their Subjects, or any other whatsoever.  And I do declare, That no Foreign Prince,
Person, Prelate, State or Potentate hath, or ought to have any Jurisdiction, Power,
Superiority, Preeminence or Authority Ecclesiastical or Spiritual within this Realm.
                                                                                                       
So help me God, &c.
 

Enrolment.     The Names of all such Persons and Officers aforesaid, that do or shall in
Chancery, Kings Bench or Quarter-Sessions, take the Oaths by this Act appointed,
shall be in the said Court inrolled, with the day and time of taking
the same, in Rolls made for that purpose.  The which Rolls in Chancery shall
be hung up in the Petty-bag Office, and the Rolls of the Kings Bench in the
Crown Office, and in some publick place in every Quarter-Sessions, there to
remain every Term and Quarter-Sessions to have resort to without Fee.  And
no Officer to take above 12 d. for entring the taking the said Oaths.
Ibid.
    Whereas since the Feast of St. Michael last past, divers Persons have been
admitted into Offices of Trust, and could not take the said Abrogated Oaths
in such time as is appointed by an Act made 25 Car. 2. entituled, An Act for
preventing of Dangers that may happen from Popish Recusants,
It is therefore enacted,
that if any such Person shall before the first of August 1689. at the Quarter-Sessions 
for that County take the Oaths in this Act mentioned, and repeat
the said Declaration, and take the Sacrament of the Lords-Supper according
to the use of the Church of England, and procure a Certificate, as by the
said Act is required, that then such Person shall be indempnified, and discharged
from any Penalty or Disability that he might have incurred by the
said Act.
 
Ibid.

 

Burials.
 
 
 
 
 

Forfeiture.

At the end of Chap. 18. add this.

    But the said Statute of 18 Car. 2. proving ineffectual, the same was repealed
by the Statute of 30 Car. 2. cap. 3. whereby it is enacted, that no Corps shall
be buried in any Shirt, Shift, Sheet or Shroud, or any thing whatsoever made
or mingled with Flax, Hemp, Silk, Hair, Gold or Silver, or in any Stuff or
Thing, other than what is made of Sheeps-wool only, or be put into any
Coffin lined or faced with any sort of Cloth, Stuff or other Thing that is made
of any material but Sheeps-wool only, upon pain to forfeit five pounds.


 

30 Car. 2.
c. 3.

Affidavit.
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 

Forfeiture
levied.

    An Affidavit under the Hands and Seals of two Witnesses, (and under the
Hand of the Magistrate or Officer before whom it was sworn; for which nothing
shall be paid) must be brought to the Minister within eight days after
the party is interred, that he was not buried contrary to the said Act of
30 Car. 2. which shall be taken before some Justice of Peace, Master of Chancery,
Ordinary or Extraordinary, Mayor, Bailiff, or other chief Officer of
the City, County, Borough, &c. where the party was buried:  And if no such
Affidavit be brought, the Minister shall give notice thereof under his Hand to
the Church-wardens or Overseers of the Poor, who within eight days after
shall repair to the chief Magistrate in any Town, &c. if buried there, else to a 
Justice of Peace, who upon a Certificate thereof from the Minister, &c. shall
grant a Warrant for levying the Forfeiture by distress and sale of the Goods of
the Party deceased, or in default thereof, of the Persons Goods in whose House
the Party died, or the Goods of any that had a Hand in putting such Party into
any Shroud, Coffin, &c. contrary to the said Act, or that ordered the same:
And if such Person were a Servant and died in his Masters Family, the Masters
Goods to be liable; And if such Person died in his Parents Family, the Parents
Goods to be liable; one moiety of which Forfeiture shall be to the Poor of
the Parish where the Party is buried, the other to him that will sue for the
same.
Ibid.
Forfeiture
by Justices
of Peace,
&c.
    Ministers, Church-wardens and Overseers, Justices of Peace or chief Magistrates
neglecting their duty aforesaid, shall forfeit five pounds for every Offence,
to be recovered by Action of Debt, Bill, Plaint, &c. wherein the Prosecutor
shall recover his full Costs, so as the Suit be commenced within six months after
the Offence committed; one fourth part of the Forfeitures to the King:  two
fourth parts to the Poor of the Parish, where the Offender dwells, and one
fourth part to the Informer.
Ibid.


 
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Dalton's The Country Justice, 1690
Volume 153, Page 537   View pdf image (33K)
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