B. to the value of _____ And for want thereof you are to take the Body of the said J. N. if he may be found in your Precincts and him safely keep so that he may be had before J. E. Esq one of the Justices of the said County on _____ being the _____ day of _____ at _____ of the Clock in the Forenoon to Answer L. M. of _____ in a Plea of _____ to the value of _____ as shall then and there appear with all due Damages making true Return of this Writ as the Law directs Dated at B _____ the _____ day of _____ In the _____ Year of Their Majesties Reign Execution Granted by a Justice of Peace Suffolk ss WILLIAM and MARY c. To the Sheriff or Marshal of our said County his Deputy or Deputies or Constables of the Town of _____ or to any or either of them We Command you that without any delay you Levy of the Money or Estate of J. N. of B. _____ if it may be found in your Precincts the Sum of _____ with _____ Shillings more for this Writ and deliver the same unto L. M. of _____ to Satisfie a Judgement obtained against the aforesaid J. M. for _____ with his Costs and Damages occasioned and accruing by a Suit Commenced against him before J. E. Esq one of our Justices Assigned to keep our Peace in our said County the _____ day of _____ and in want of the said Money or other Estate to the said L. M. his Satisfaction We Command you to take the Person of the said J. N. and him Commit to the Custody of the Keeper of our Prison in B. _____ where he is to continue until the said Debt is satisfied or that he be Discharged by the Creditor or otherwise by Order of Law Hereof fail not at your peril making true Return of this our Writ as the Law directs Witness our said Justice at _____ this _____ day of _____ In the _____ Year of our Reign Attachment to the Superiour or Inferiour Court Suffolk ss WILLIAM and MARY c. To the Sheriff or Marshal of our said County or either of their Deputies Greeting We Command you to Attach the Goods or Estate of D. T. of _____ to the value of _____ and for want thereof to take the Body of the said D. T. if he may be found in your Precinct and _____ safely keep so that you have _____ before our Justices at our next _____ Court of _____ to be Holden at _____ within or for our said County on the _____ day of _____ next then and there to Answer to C. L. _____ in an Action of _____ as shall then and there appear with Damages and have you there this Writ Witness VV. S. Esq At B _____ this _____ day of _____ In the _____ Year of our Reign J. W. â—ummons Appearance upon Goods Attached WILLIAM and MARY c. To A. B. of C. 〈…〉 Greeting We Command you That you appear at our _____ Court of _____ to be Held at B. for or within the County of S. on the _____ Tuesday in _____ next to Answer unto C. D. of _____ in an Action of _____ to the value of _____ which the said C. D. hath Commenced to be then and there Heard and Determined to Respond which Action your Goods or Estate are Attached to the value of Hereof fail not at your Peril Witness W. S. Esq At B. the _____ day of _____ In the _____ Year of our Reign J. VV Writ of Facias Habere Possessionem and Writ of Fieri Facias for Damages and Costs WILLIAM and MARY c. To our Sheriff or Marshal of our County of E. or either of their Deputies Greeting Whereas A. B. of C. Yeoman before our Justices of our _____ Court of _____ Held for or within our said County of E. at S upon the _____ Tuesday in N past by the Consideration of our said Court Recovered his Term yet to come of and in _____ Messuage or Tenement with the Appurtenances or _____ Acres of Land Pasture or Meadow lying in the _____ of D. within your Precincts against E. F. of G. Carpenter who had unjustly put out and Amoved the said A. B. from his Possession thereof and also there Recovered _____ Pounds _____ and _____ Pence for Costs and Damages which he has Sustained by reason of the said Offence and Ejectment and Expended for the Removal thereof as to us has been made to appear of Record We Command you therefore that without delay you cause the said A B of and in the aforesaid Tenement with the Appurtenances or Land to have Possession of his Term yet to come We also Command you that of the Goods Chattels or Lands of the said E. F. within your Precinct at the value thereof in Money you cause the said A. B. to be paid and satisfied the aforesaid Sum of _____ Pounds _____ Shillings _____ Pence which to the said A. B. in the said Court was adjudged for his Costs Damages with _____ Shillings more for this Writ and thereof also to satisfie your Self for your own Fees And for want of such Goods Chattels or Land of the said E. F ' s to be by him shewn unto you or found within your Precinct to satisfie the aforesaid Sums We then Command you to take the Body of the said E. F. and him Commit unto the Keeper of your Goal in S. within our said Prison whom we likewise Command to receive him the said E. F. and him safely to keep until he pay unto the said A. B. the full Sum above-mentioned and be by him Released and also satisfie your Fees And this Writ with your doings therein you are to Return unto our said _____ Court of _____ to be Holden at S. upon the _____ Tuesday in â— next Witness W. S. Esq in S. the _____ day of _____ In the _____ Year of our Reign T. H. Execution WILLIAM and MARY c. To our Sheriff or Marshal of our County of S. or either of their Deputies Greeting Whereas A. B. of C. Yeoman Recovered Judgment against D. E. of F. Carpenter before our Justices of our _____ Court _____ Holden for or within our said County of S. on the last Tuesday in _____ Moneth past for the Sum of _____ Pounds _____ Shillings and _____ Pence in Money Debt or Damage and _____ Pounds _____ Shillings and _____ Pence for Costs of Suit as to us appears of Record whereof Execution remains to be done We Command you therefore That of the Goods Chattels or Lands of the said D. E. within your Precinct you cause to be paid and satisfied at the value thereof in Money the aforesaid Sum of _____ Pounds _____ Shillings and _____ Pence with _____ Shillings more for this Writ and thereof also to satisfie your self for your own Fees and for want of such Goods Chattels or Lands of the said D. E's to be by him shewn unto you or found within your Precinct to satisfie the
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
here under Written Be and are hereby Established To be Given and Administred unto the Respective Officers for whom they are appointed As followeth YOU A. B. being Chosen Counsellors Oath and Admitted of Their Majesties Council within this Their Province do Swear by the Everliving God That you will to the best of your Judgment at all times freely give your Advice to the Governour for the Good Management of the Publick Affairs of this Government and that you will not directly nor indirectly Reveal such Matters as shall be Debated in Council and Committed to your Secrecy But will in all things be a True and Faithful Counsellor when you are thereunto Required So Help you God YOU A. B. Swear Justice of Peace Oath That as Justice of the Peace in the County of S. according to the Commission given you You shall Dispense Justice Equally and Impartially in all Cases And do Equal Right to the Poor and to the Rich after your Cunning Wit and Power and according to Law And you shall not be of Council in any Quarrel that shall come before you You shall not Let for Gift or other Cause But well and truly you shall do your Office of Justice of the Peace in that behalf Taking only appointed Fees And you shall not direct or cause to be directed any Warrant by you to be made to the Parties but you shall â—irect your Warrant to the Sheriff his Under Sheriff or Deputy Tything-men or other Officers proper for the Execution of the same in the County And this you shall do without Favour or Respect to Persons So help you God YOU Swear That you will well and truly Serve the King and Queens Majesties in the Office of the Sheriff of the County of S. And do the King and Queens profit in all things that belongeth to you to do by way of your Office as far forth as you can or may Sheriff or Marshals Oath Mutatis Mutandis you shall truly keep the King and Queens Rights and all that belongs to the Crown you shall not Respite the King and Queens Debts for any Gift or Favour where you may Raise them without great grievance of the Debtors you shall truly and uprightly Treat the people of your Sheriffwick and do Right as well to Poor as to Rich in all that belongeth to your Office You shall do no wrong to any man for any Gift or other Behest or Promise of Goods for Favour nor Hate You shall disturb no mans Right you shall truly Acquit at the Treasury all those of whom you shall any thing receive of Their Majesties Debts you shall nothing take whereby Their Majesties may lose or whereby the Right may be Letted or disturbed or Their Majesties Delayed you shall truly return and truly Serve all Their Majesties Writs as far forth as shall be to your Cunning you shall take no Bayliff into your Service but such as you will Answer for and of true and sufficient men in the County shall cause each of your Bayliffs to make such Oath as you make your self in that belongeth to their Occupation And over this in Eschewing and Restraint of the Man-slaughters Robberies and other manifold Grievous Offences that be done daily All these things you shall truly observe and keep as God help you YOU as Foreman of this Inquest for the Body of this County of S. You shall diligently Enquire Grand Jurors Oath and a true Ptesentment make of all such Matters and Things as shall be given you in Charge The King and Queens Majesties Counsel your Fellows and your own you shall keep secret You shall Present no man for Envy Hatred or Malice neither shall you leave any man Unpresented for Love Fear Favour or Affection or hope of Reward but you shall present things truly as they come to your knowledge according to the best of your Understanding So help you God THE same Oath which you Foreman hath taken on his part you and every of you on your behalf shall well and truly observe and keep So help you God YOU shall well and truly try and true deliverance make between Our Soveraign Lord and Lady Petit Jurors Oath the King and Queen and the Prisoners at the Bar whom you shall have in Charge according to your Evidence So help you God YOU Swear Jurors Oath in civil Cases That in all Causes betwixt Party and Party that shall be Committed unto you You will give a true Verdict therein according to Law and the Evidence given you So help you God YOU Swear Town Clerks Oath That in the Office of Town Clerk within the Town of B. whereto you are Chosen You will diligently and faithfully Attend Discharge the Duty of your Place duly Observe the Directions of the Law in all things whereto your Office hath relation and thereby Committed to your Care and Trust So help you God YOU Swear Oath of Leather Sealer Clerk of the Market Culler of Eish Packer Gager Mutatis Mutandis That you will from time to time diligently and faithfully Discharge and Execute the Office of within the Limits whereto you are Appointed for the Ensuing Year and until another be Chosen in your place and that in and by all the particulars mentioned in the Laws whereto your Office hath Relation and that you will do therein Impartially according to Law without Fear or Favour So help you God WHEREAS you A. B. are Chosen Constable within the Town of C. for One Year now following Constables Oath and until other be Chosen and Sworn in your Place You do Swear That you will carefully Intend the Preservation of the Peace the Discovery and preventing all Attempts against the same That you will duly Execute all Warrants which shall be sent unto you from Lawful Authority and faithfully Attend all such Directions in the Laws and Orders of Court as are or shall be Committed to your Care That you will faithfully and with what Speed you can Collect and Levy all such Fines Distresses Rates Assessments and Sums of Mony for which you shall have sufficient Warrants according to Law Rendring an Accompt thereof and paying in the same according to the Direction in your Warrant And with like faithfulness Speed and Diligence will Serve all Writs Executions and Distreffes in Private Causes betwixt Party and Party and make Returns thereof duly into the same Court where they are Returnable And in all these things you shall deal seriously and faithfully whilst you shall be in Office without any Sinister Respects of Favour or Displeasure So help you God An Act For the Establishing of Presidents and Forms of Writts and Processes BE it Enacted and Declared by the Governour Council and Representatives in General Court assembled And by the Authority of the same That the several Forms of Writts and Processes here under Written Be and hereby are Established to be the Forms to be observed by the Respective Officers that are or
00 01 00 Taxing every Eill of Cost One Shilling 00 01 00 whereof Six-pence to the Clerk 00 00 06 To the Jury to be paid down by the Plaintiff Six Shillings Six-pence 00 06 06 Clerks Fees For every Writ and Seal One Shilling 00 01 00 Entring Appearance six-pence 00 00 06 Eutring and Recording the Verdict One Shilling 00 01 00 Making up the Record One Shilling 00 01 00 Copys of all Records Twelve Pence each page as before 00 12 00 Every Action withdrawn or Non-Suit one shilling 00 01 00 Every Execution Two shillings 00 02 00 Clerk of the Sessions or Peace his Fees ENtring Complaint or Indictment Two shillings 00 02 00 Discharge of a Recognizance One Shilling 00 01 00 Making forth Process against Criminals One shilling 00 01 00 Every Summons Three-pence 00 00 03 Every Warrant for the Peace or good Behaviour one shilling 00 01 00 Every Licence for Houses of Publick Entertainment or Retailing Five shillings 00 04 00 whereof two to the Clerk 00 02 00 Sheriff or Marshals Fees or Constables  l s d FOr Serving every Summons for Tryal one shilling 00 01 00 Every Capias or Attachment Two shillings 00 02 00 And if above one Mile three-pence per Mile besides    Bayl Bond One Shilling 00 01 00 Levying Execution for the first Twenty Pound or under One shilling Per Pound above that not Exceeding Forty Pound six-pence per Pound    Above Forty Pound not exceeding One Hundred Pound Three-pence per Pound for whatsoever it exceeds One Hundred Pound Two-pence per Pound Besides Four-pence per Mile for Travel from Home    Every Tryal One shilling 00 01 00 Every Precept for Choosing of Representatives Two Shillings to be paid out of the County Assessment 00 02 00 Cryers Fees For calling of the Jury six-pence 00 00 00 Every Non Suit Twelve-pence 00 01 00 Every Verdict Twelve-pence 00 01 00 Goalers Fees For Turning of the Key upon every Prisoner Committed five shillings viz. Commitment 2 s. 6 d. Discharge 2 s. 6 d. 00 05 00 for Diet for each Prisoner Two Shillings and six-pence per week and so proportionable he finding the same 00 02 06 And be it further Enacted by the Authority of the same That what Officer soever shall ask demand and take any greater or other Fee's than are beforementioned for the matters aforesaid or any of them and be thereof duly Convicted in any Court of Record within this Province shall forfeit and pay the sum of Ten Pounds currant Money One Moiety whereof to be unto Our Soveraign Lord and Lady the King and Queen Their Heirs and Successors for and towards the Support of the Government of this Their Province and the contingent charges thereof And the other Moiety unto the Informer or him that shall sue for the same in any Court of Record wherein no Essoign protection or wager of law shall be allowed And shall further pay unto the party grieved double the value of the excessive Fees so taken An Act For Ascertaining the number and Regulating the House of Representatives WHereas Their Majesties have been Graciously pleased by Their Royal Charter to grant power unto the Great and General Court or Assembly of Their Province of the Massachusetts-Bay from time to time to direct appoint and declare what number of Represensentatives each County Town or place shall Elect and Depute to serve for and Represent them Respectively in the said Assembly BE ir therefore Enacted and Ordained by His Excelleney the Governour Council and Representatives now in General Court Assembled And by the Authority of the same That henceforth every Town within this Province consisting of the Number of Forty Freeholders and other Inhabitants qualified by Charter to Elect shall and hereby are Injoyned to Choose and send one Freeholder as their Representative and every Town consisting of the Number of one Hundred Twenty Freeholders and other Inhabitants qualified as aforesaid or upwards may send Two such Representatives and each Town of the number of Thirty Freeholders and other Inhabitants qualified as aforesaid or upwards under Forty are at liberty to send or not but may Choose and send one Representative if they think fit to serve for and Represent them Respectively in every Session of the Great and General Court or Assembly from time to time And all Towns under Thirty Freeholders may send one to Represent them or Joyn with the next Town in the Choice of their Representatives they paying a proportionable part of the Charge And no Town shall at any time send more than Two Representatives except Boston who are hereby granted to choose and send Four And be it further Enacted by the Authority aforesaid That when and so often as His Excellency the Governour shall see cause to Convene and Hold a Great and General Court or Assembly Writts shall Issue out from the Secretarys Office under the Seal of the Province and Signed by the Governour Thirty days at least before the time appointed for such Assemblys meeting directed unto the Sheriffs of the several Counties And where there is no Sheriff in any County or place there to be directed to the Marshall commanding each of them respectively to send his Precepts to the Select men of the several and respective Towns within such County to Assemble and call together the Freeholders and other Inhabitants qualified as aforesaid to Choose and Elect one or more Freeholders as the number in each Town is more or less as above to serve for and Represent them in such Great and General Court or Assembly The major part of the Select-men in each Town respectively to be present at such Meeting and to give Directions for the regular and orderly Carrying on of the same Who are to Return the said Precept with the Names of such as shall be Chosen by the major part of the Electors present at such Meeting under their Hands unto the Respective Sheriffs or Marshals by them to be returned into the Secretary's Office one day at the least before the time prefixed for the said Court or Assemblies Sitting And it is further Enacted by the Authority aforesaid That the Representatives Assembled in any Great and General Court shall be the Sole Judges of the Elections and Qualifications of their own Members and may from time to time Settle Order and Purge their House and make such necessary Orders for the due Regulation thereof as they shall see occasion And Forty Representatives at any time so Assembled shall be accounted a Number sufficient to Constitute a House Pass Bills and to Transact and Do Business proper to be done in that House and such Acts to be esteemed valid and of Effect And it is further Enacted by the authority aforesaid That each Town respectively shall pay unto their several Representatives during their Attendance on the Court and for the necessary Time Expended in their Journeying to and from thence Three Shillings in Money Per Diem
three dayes after service to be returned and the body brought if within 20 miles c. Under Keepers or Deputy of the said Officers or Keepers that the said Officer or Officers his or their Under Officers Under-Keepers or Deputies shall within three dayes after the Service thereof as aforesaid unless the Commitment aforesaid were for Treason or Felony plainly and specially expressed in the Warrant of Commitment upon payment or Tender of the Charges of bringing the said Prisoner to be Ascertained by the Judge or Court that Awarded the same and Endorsed upon the said Writ not exceeding Twelve-pence per Mile and upon Security given by his own Bond to pay the Charges of carrying back the Prisoner if he shall be Remanded by the Court or Judge to which he shall be brought according to the true intent of this present Act and that he will not make any Escape by the way make Return of such Writ and bring or cause to be brought the Body of the Party so Committed or Restrained unto or before the Chief Justice or any other of the Justices of the Superiour Court And shall then likewise certifie the true Causes of his Detainer or Imprisonment unless the Commitment of the said Party be in any place beyond the distance of Twenty Miles from the place or places where such Court or Person is or shall be Residing and if beyond the distance of Twenty Miles and not above One Hundred Miles then within the space of Ten days and if beyond the distance of One hundred Miles then within the space of Twenty days after such the delivery aforesaid and not longer And to the Intent that no Sheriff Goaler or other Officer may pretend Ignorance of the Import of any such Writ Be it Enacted by the Authority aforesaid That all such Writs shall be Signed by the person that Awards the same Writs of Habeas Corpus and the Proceedings there on in vacation time if any person or persons shall be or stand Committed or Detained as aforesaid for any Crime unless for Felony or Treason plainly expressed in the Warrant of Commitment in the Vaeation time and out of Term it shall and may be lawful to and for the person or persons so committed or detained other than persons convict or in Execution by Legal Process or any one on his or their behalf to appeal or complain to one or more of Their Majesties Justices of the Superious Court and the said Justice or Justices upon view of the Copy or Copies of the Warrant or Warrants of Commitment and detainer or otherwise upon Oath made that such Copy or Copies were denied to be given by such person or persons in whose custody the Prisoner or prisoners is or are deteined are hereby Authorized and Required upon request made in Writing by such person or persons or any on his her or their behalf attested and subscribed by two Witnesses who were present at the Delivery of the same to award and Grant an Habeas Corpus under the Seal of the said Court to be Directed to the Officer or Officers in whose Custody the Party so Committed or Detained shall be Returnable immediately before the said Court Justice or Justices and upon Service thereof as aforesaid the Officer or Officers his or their Under-Officer or Under-Officers Under-Keeper or Under-Keepers or Deputy in whose Custody the Party is so Committed or Detained shall within the times respectively before Limited bring such Prisoner or Prisoners before the said Justice before whom the said Writ is made Returnable and in case of his Absence before any other of them with the Return of such Writ the true Causes of the Commitment Detainor thereupon within two days after the Party shall be brought before the said Court Justice or Justices the said Court or Justice before whom the Prisoner shall be brought as aforesaid shall Discharge the said Prisoner from his Imprisonment taking his or their Recognizance with one or more Surety or Sureties in any Sum according to their Discretions having Regard to the Quality of the Prisoner and nature of the Offence for his or their Appearance in the said Superiour Court the Term following or at the next Assizes Sessions or General Goal Delivery within or for such County or place where the Commitment was or where the Offence was Committed or in such other Court where the said Offence is properly Cognizable as the Case shall Require and then shall Certifie the said Writ with the Return thereof and the said Recognizance or Recognizances into the said Court where such Appearance is to be made unless it shall appear unto the said Court or Justice that the Party so Committed is Detained upon a Legal Process Order or Warrant out of some Court that hath Jurisdiction of Criminal Matters or by some Warrant Signed and Sealed with the Hand and Seal of any of the said Justices or some Justice or Justices of the Peace persons neglecting two Terms to pray a Habeas Corpus shall have none in vacation time inpursuance of this Act officers how to be proceeded against for not obeying such Writer for such Matters or Offences for the which by the Law the Prisoner is not Bailable Provided always and be it Enacted That if any person shall have wilfully neglected by the space of two whole Terms after his Imprisonment to pray a Habeas Corpus for his Enlargement such Person so wilfully neglecting shall not have any Habeas Corpus to be Granted in vacation time in pursuance of this Act. And be it further Enacted by the authority aforesaid That if any Officer or Officers his or their Under Officer or Under Officers Under-Keeper or Under-Keepers or Deputy fuse to make the Returns aforesaid or to bring the Body or Bodys of the Prisoner or Prisoners according to the Command of the said Writ within the Respective Times aforesaid or upon Demand made by the Prisoner or Person in his behalf shall Refuse to Deliver or within the Space of Six Hours after Demand shall not Deliver to the Person so Demanding a True Copy of the Warrant or Warrants of Commitment and Detainer of such Prisoner which he they are hereby Required to Deliver accordingly all every the Head Goalers Keepers of such Prisons such other Person in whose Custody the Prisoner shall be Detained shall for the First Offence Forfeit to the Prisoner or Party grieved the sum of Fifty Pounds for the Second Offence the Sum of One Hundred Pounds and shall and is hereby made incapable to hold or execute his said Office the said Penalties to be recovered by the Prisoner or Party grieved his Executors or Administrators against such Offender his Executors or Administrators by any Action of Debt Suit Bill Plaint or Information in any Court of Record wherein no Essoign Protection Priviledge Injunction Wager of Law or stay of Prosecution by Non vult ulterius Prosequi or otherwise shall be admitted or allowed and any