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A39473 An exact abridgment of all the statutes of King William and Queen Mary now in force and use / by J. Washington.; Laws, etc. England and Wales.; Washington, Joseph, d. 1694. 1694 (1694) Wing E913; ESTC R23866 210,071 247

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Books and Pamphlees and for regulating Printing and Printing Presses shall be in force for One year from the 13th of February 1692. and from thence to the end of the next Session of ●arliament XVII All Jurors other then Strangers upon Tryals per medietatem linguae return'd upon Tryal of Issues joyn'd in the Kings-Bench Common-Pleas or Exchequer or before Justices of Assize or Nisi prius Oyer and Terminer Goal-delivery or General Quarter-Sessions of the Peace after the 1st Day of May 1693. within any County of England shall have in their own Name or in Trust for them within the same County 10 l. a year at least above Reprizes of Free-hold or Coppy-hold Lands or of Lands in ancient Demesne or in Rents in Fee-simple or Fee-tail or for their own or some other Persons Life And in every County of Wales such Jurors shall have 6 l. a year at least as aforesaid All which Persons having such Estates are hereby made liable to serve as aforesaid If any be return'd of lesser Estate it shall be good cause of Challenge and the Party return'd shall be discharged upon such Challenge or upon his own Oath Nor shall any Jury-man's Issues making default be saved but by special Order of the Court or Judges for some reasonable Cause proved upon Oath And the Ven. fac for Impannelling Juries in England shall run thus viz. Rex c. praecipimus c. quod Ven. fac coram c. duodecim liberos legales homines de vicineto de A quor ' quilibet habeat decem Librat terrae tenementor ' vel reddit ' per annum ad minus per quos c. qui nee c. and the residue after the ancient manner and the Writs for Returning Juries in Wales shall be in like manner altering only the Word decem for sex And Sheriffs Coroners and other Ministers returning in any such Pannel any Person not having 10 l. or 6 d. respectively by the Year as aforesaid shall forfeit for every such Person so Returned the Sum of Five Pounds to Their Majesties XVIII No Sheriff or Bayliff of any Liberty or their Ministers shall return any such Persons to have been Summoned by them unless they shall have been Summoned Six days at least before the Day on which they ought to make their Appearance nor shall take any Reward to excuse the Appearance of any Juror Summoned or Return'd on Pain to Forfeit for every such Offence 10 l. to Their Majesties XIX Saving to all Cities Boroughs and Towns Corporate their ancient Usage of returning Jurors in such manner as hath been accustomed XX. Provided that it shall be Lawful to Return Persons upon the Tales in any County within England who shall have 5 l. a year above Reprizes and within Wales 3 l. a year XXI No Fee or Reward shall be taken by any Person whatsoever upon the Account of any Tales return'd upon Pain to Forfeit 10 l. for every such Offence the one Moity to the Prosecutor and the other to Their Majesties XXII No Writ de non ponendis in Assisis Juratis shall be granted unless upon Oath made that the Suggestions are true XXIII So much of this Act as relates to the returning of Jurors to be in force for Three years from the 1st of May 1693. and from thence to the end of the next Session of Parliament Corn. I. Stat. 1 W. M. Sess I. cap. 12. When Malt or Barley Winchester Measure shall be at 24 s. per Quarter or under Rye at 32 s. per Quarter or under and Wheat at 48 s. per Quarter or under in any Port of this Kingdom or Wales Merchants and others who shall put on Ship-board in English Shiping the Master and Two thirds of the Mariners being Their Majes●ies Subjects any sorts of the Corn aforesaid to Export the same beyond Sea shall bring Certificates under their Hands containing the quantity and quality of the Corn shipped to the Persons appointed to Collect the Customs in any such Port and upon Proof made of such Certificate by one or more Credible Persons upon Oath and upon Bond given by such Merchant or other Person in ●00 l. for every hundred Tuns of Corn so shipped and so proportionably that the said Corn dangers of the Seas excepted shall be Exported into Parts beyond the Sea and not be landed in England Wales Guernsey Jersey or Berwick shall receive from the Persons appointed to Collect the Customs as aforesaid for every Quarter of Barley or Malt ground or unground 2 s. 6 d. for every Quarter of Rye 3 s. 6 d. for every Quarter of Wheat 5 s. and shall pay no Custom nor any Fee or Reward for Corn so laden to be Exported And upon Certificate under the Common Seal of the Chief Magistrate in any Place beyond Sea or under the Hand and Seals of Two known English Merchants upon the Place that such Corn was there Landed or upon Proof by Credible Persons that such Corn was taken by Enemies or Perished at Sea the Examination and Proof thereof being left to the Receivers of the Customs the Bond shall be delivered up to be Cancelled And the Moneys so paid shall be allowed as paid to Their Majesties Courts I. Stat. 1 W. M. Stss 1. cap. 27. Whereas by a Statute made in the 34th and 35th years of the Reign of King H. 8. Entituled An Act for certain Ordinances in the King's Majesties Dominion and Principality of Wales It is Enacted That there shall be and remain a President and Council in the said Dominion and Principality of Wales and the Matches of the same with all Officers Clerks and Incidents thereunto in Manner and Form as hath been heretofore used and accustomed Which President and Council shall have Power and Authority to Hear and Determine by their Wisdoms and Diseretions such Causes or Matters as be or hereafter shall be Assign'd to them by the King's Majesty as heretofore hath been accustomed and used Be it Enacted that the said Clause be Repealed and that the said Court before the President and Council be dissolved and taken away II The Justices of the Great Sessions in Wales shall yearly Nominate Three Persons for each Shire in their Circuits to be Sheriffs of the same and certifie the same to the Lords of the Privy Council Crastino animarum that Their Majesties may appoint one of them to be Sheriff for that year III. Errors in Pleas personal within Wales shall be redressed by Writ of Error as Errors in Pleas real and mixt are appointed to be redrest by the said Statute of 34 and 35 of King H 8. IV. Judgments and Decrees passed in the said Court before the 1st Day of June 1689. shall remain in force and execution upon them in the same State in which they were before the making this Act. Crown-Office I. Stat. 4 5 W. M. cap. 22. No Corporations Lords of Manors or others having Grants by Charter or other good Conveyances who have
Majesties Quarters that did belong to the Irish Regiments then in being or were then treated with or who were not Prisoners of War or who had not then taken Protection and have since submitted to their Majesties Obedience from using their Profession or calling of Barrister at Law Clerk in Chancery Attorny or Practiser of Law or Physick XVIII Provided that every such Barrister at Law c. who shall claim any benefit hereby to be exempt from taking the said Oaths c. shall make out his claim thereto according to the qualifications herein before expressed before the Court of Kings Bench in Ireland on or before the last day of Michaelmas-Term next for the recording whereof 1 s. shall be paid and no more and in default of such claim to be excluded XIX If any Person before he have taken the said Oath in the Kings Bench in Ireland or at the General Quarter-Sessions in the place where he inhabits and procured the same to be recorded and obtain'd a Certificate thereof shall practise his Calling or Profession he shall forfeit 500 l. to such as will sue for the same and be uncapable to use or exercise such Profession or Calling XX. Two or more Justices of the Peace whereof one to be of the Quorum shall direct their Warrants to any Constable Tythingman or other Officer to summon any Person of eighteen years of Age or upwards to appear before such Justices to the Oath above-mentioned to be faithful c. and for want of appearance having no lawful let or in case of appearing and refusing to take the said Oath the Justices shall commit such Persons to the common Gaol or House of Correction for three months unless they shall pay down any Sum not exceeding 40 s. as the Justices shall require which Mony shall be paid to the Church-wardens or Overseers of the Poor of the Parish or Place where the Offender last inhabited and after the three months ended two or more Justices shall direct their Warrant to summon such Offender before them to take the said Oath and for want of appearance or in case of refusal to take the said Oath he shall be committed as aforesaid for six months unless he pay down what Sum the Justices shall require not exceeding 10 l. nor under 5 l. to be disposed as aforesaid and unless he become bound with two Sureties to appear at the next Assizes or General Gaol-delivery and in the mean time to be of the Good Behaviour and in case of refusal at the Assizes or General Gaol-delivery such Offender shall incur a Premunire unless such Offender be a Feme Covert who upon such refusal shall be committed only to the Common Gaol till she takes the said Oath XXI It shall be sufficient for Quakers producing a Certificate under the Hands and Seals of six or more of the Congregation to which they belong to make and subscribe the following Declaration viz. I A. B. do sincerely promise 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 do from my Heart c. verbatim as in the Oaths afore-mentioned XXII But no Quakers shall thereby be capable of holding any Office Imployment Salary c. whereunto any Person taking the said Oaths c. shall or may be entituled XXIII This Act shall not be dispensed with by any Warrant or Letters Patents under the Great Seal of England or Ireland but such Dispensations shall be null and void Iudicial Proceedings I. Stat. 1 W. M. Sess 1. cap. 4. Whereas the Term of St. Hill 1688. could not be kept Be it enacted That all Pleas Writs Bills Actions Suits Plaints Process Precepts or other Things whatsoever that were returnable or had day or days in the Chancery Kings Bench Common Pleas or Exchequer in Oct. Hill Quind Hill Crast Pur. or Oct. Pur. last past or at any day certain after any of the said Returns shall stand and be revived and are hereby continued and adjourned to the Return of Quind Pasch next ensuing and Parties that had day at any time in Hill Term shall appear on the said Return of Quind Pasch under the same Penalties that might have incurr'd for not appearing in Hill Term if it had been held II. Writs of Error upon Judgments in the Kings Bench returnable or upon which day was given in the Exchequer Chamber at any time in Hill Term and all Proceedings thereupon shall be revived and adjourn'd to the 20th day of Apr. 1689. and all Parties are to appear then under the same Penalties that would have incurred if they had made default in Hill Term. III. Writs of Error upon Judgments in the Court of Exchequer upon which day was given before the Lord Chancellor and the Lord Treasurer in Hill Term and Proceedings thereupon shall be revived and adjourn'd to the 23d day of Apr. 1689. and all Parties are to appear then under the same penalty that would have incurr'd if they had made any default in Hill Term c. IV. Fines upon which Proclamation ought to have been made in Hill Term shall be good as if such Proclamation had been made and if the fourth and last Proclamation was to have been made in Hill Term the five years shall be accounted from the 12th day of Febr. 1688. V. Where any Judgment was by Warrant of Attorny to have been entred in Hill Term the same may be entred in Easter Term if the Parties be then living VI. Any Persons before the 17th day of Apr. 1689. may prosecute any Precept Writ mean Process or Execution returnable in the said Courts on some return or day in Easter-Term next and the said Writs in the Kings Bench Common Pleas and Exchequer shall be dated on the day they are actually sued out which Writs and Process shall be good notwithstanding the want of any Original Writ or being attested VII It shall be lawful before the said 17th day of April to prosecute any Writ of Habeas Corpus in Civil Causes to be dated as aforesaid returnable immediately before any of the Justices of the Kings Bench Common Pleas or Barons of the Exchequer who may proceed thereupon as if the said Term of St. Hill had been kept VIII All Pleas Writs Bills Actions Suits Plaints Process Pleadings Proceedings Indictments and Informations Causes and Things whatsoever pleaded returned depending or being in the Court of the Dutchy-Chamber at Westminster in the Great Sessions of Wales or in the Courts within the Counties Palatine of Chester Lancaster or Durham or in any other Court of Law or Equity upon the 11th day of December 1688. shall be continued and revived and may be proceeded upon without any continuance or adjournment IX Persons that since the said 11th day of December 1688. and before the 13th day of February following have committed any Murder Manslaughter Burglary Perjury or Forgery or any other Crimes for which they were in
custody or stood upon Bail on the said 13th day of February shall be proceeded against as if the said Crimes had been committed before the said 11th day of December and all Persons for any Matter arisen since the said 11th day of December and before the said 13th day of February shall be liable to any Action and it shall be sufficient in all Indictments and Informations for any such Crimes and in all Actions and Declarations for any such Cause to alledge the Year of our Lord instead of the Year of the King and in such Indictments Informations or Actions wherein Conclusions used to be contra Pacem Domini Regis to conclude contra Pacem Regni and Indictments for Felonies committed within that time shall be good having the words contra Pacem Regni though the words Domini Regis Coronam Dignitatem be omitted X. Recognizances Statutes and Obligations made since the said 11th day of December and before the said 13th day of February in the Name of and to the late King James II. shall be good and may be sued in their Majesties Names and all Persons who were bound by Recognizance to the said late King to appear in the Court of Kings Bench at any time in Hill Term or at the next Assizes Oyer and Terminer General Gaol-delivery or of the Peace shall be obliged to appear in the said Court of Kings Bench on the first day of Easter-Term 1689. and at the next Assizes Sessions of Oyer and Terminer c. under the Penalty of forfeiting the said Recognizance c. XI Writs and Process issuing out of any of the Courts of Westminster as of Mich. Term 1688. that have been executed before they were returnable and all Bills Plaints Judgments and Proceedings in any Inferior Court and Executions thereupon since the said 11th day of December and before the said 13th day of February shall be good as if the said late King had continued so XII Bail Bonds taken by Sheriffs c. though not lawfully qualified since the first day of November 1687. and Recognizances of Bail taken since the said 11th day of December before any Person who upon the first day of December last was Justice of the Kings Bench Common Pleas or Baron of the Exchequer shall be good and may be inroll'd in Easter-Term 1689. and all Commitments to prison on any Writ or Process by the said Judges since the said 11th day of December shall be good in Law XIII No part of the time from the 10th of December 1688. until the 12th of March 1688. shall be accounted as part of the six months from the time of the avoidance of any Church in which any Person is bound to bring his darrein Presentment or Quare impedit or as any part of the time in which any Person by virtue of any Statute of Limitation ought to bring his Action Iudgments I. Stat. 4 5 W. M. cap. 20. The Clerk of the Essoins of the Court of Common Pleas every Clerk of the Doggets of the Court of Kings Bench and the Master of the Office of Pleas in the Exchequer shall before the end of every Easter-Term put into an Alphabetical Dogget by the Defendants Names a particular of all Judgments for Debt by Confession non sum Informatus or nihil dicit entred in the said respective Courts of the Term of St. Hillary preceding containing the Names of the Plaintiffs and Defendants their Places of Abode Title Trade or Profession if any such be in the Record and the Debt Damages and Costs recovered thereby and where the Actions were laid and the Number-roll of the Entry thereof and every Clerk of the Judgments and other Clerk of the Courts of Common Pleas and Kings Bench shall within ten days before the said time bring to the Clerks of the Doggets Notes in Writing of all the Judgments by them entred of the said Term of St. Hillary upon Verdicts Writs of Enquiry Demurrer and every other Judgment for Debt or Damages in all things as aforesaid and that the Clerk of the Judgments and every other Clerk of the Exchequer shall within the time aforesaid bring unto the Master of the Office or Pleas the like Note in Writing of all the like Judgments by him entred to the end they may be respectively entred and the respective Officers and Clerks shall before the last day of the Term of St. Michael make the like Doggets containing all Judgments of the Terms of Easter and Trinity in all things as aforesaid and before the last day of every Hillary-Term the like Doggets of Judgments in Michaelmass-Term The said Doggets to be kept in Books in Parchment to be searched and viewed by all Persons at reasonable times paying for every Terms search 4 d. and no more on pain that every Clerk of the Essoins of the Court of Common Pleas Clerk of the Doggets of the Kings Bench and Master of the Office of Pleas in the Exchequer and every Clerk before-mentioned shall for every Term in which he shall neglect his Duty forfeit 100 l. one moiety to the Party grieved and the other moiety to the Prosecutor II. No Judgment not doggetted as aforesaid shall affect any Lands as to Purchasers or Mortgagees or have any preference against Heirs Executors or Administrators in the administration of their Ancestors Testators or Intestates Estates III. The Plaintiffs in every of the said Judgments shall pay to the Clerks of the Judgments for every Judgment entring 4 d. over and above the Fees now due IV. This Act to continue for one year from the 25th day of March 1693. and from thence to the end of the next Session of Parliament King and Queen I. STat. 2 W. M. Sess 1. cap. 1. The Lords and Commons publish declare and enact in Parliament that they do recognize and acknowledge that their Majesties are and of Right ought to be by the Laws of this Realm their Soveraign Liege Lord and Lady King and Queen of England France and Ireland c. in and to whose Princely Persons the Royal State Crown and Dignity of the said Realms with all Honors Prerogatives c. are fully rightfully and entirely invested incorporated united and annexed II. All and singular the Acts made in the Parliament assembled the 13th day of Febr. 1688. were and are the Laws and Statutes of this Kingdom and as such ought to be reputed taken and obeyed Leather I. STat. 1. W. M. Sess 1. cap. 23. Whereas an Act made in the 20th year of King Charles II. Entituled An Act for giving liberty to buy and export Leather and Skins tanned or dressed was revived by another Act made in the first year of the Reign of the late King James II. Entituled An Act for reviving a former Act for exporting Leather which Act will expire at the end of this Sessions Be it enacted that the said two Acts be revived and continue in force from the end of this Session of Parliament for seven
provide each their Souldier with pay in Hand not exceeding one Months Pay as if all the Pay before advanced and provided had been re-imbursed Oaths I. Stat. 1 W. M. Sess 1. cap. 6. The Oath herein after mentioned shall be administred to King William and Queen Mary at the time of their Coronation viz. The Archbishop or Bishop shall say Will you solemnly promise and swear to Govern the People of this Kingdom of England and the Dominions thereunto belonging according to the Statutes in Parliament agreed on and the Laws and Customs of the same The King and Queen shall say I solemnly promise so to do Archbishop or Bishop Will you to your Power cause Law and Justice in mercy to be executed in all your Judgments King and Queen I will Archbishop or Bishop Will you to the utmost of your Power maintain the Laws of God the true Profession of the Gospel and the Protestant reformed Religion established by Law And will you preserve unto the Bishops and Clergy of this Realm and to the Churches committed to their charge all such Rights and Priviledges as by Law do or shall appertain unto them or any of them King and Queen All this I promise to do After this the King and Queen laying his and her Hand upon the Holy Gospels shall say King and Queen The Things which I have here before promised I will perform and keep So help me God Then the King and Queen shall kiss the Book II. The said Oath shall be in like manner administred to every King or Queen who shall succeed III. Stat. Anno 1 W. M. Sess 1. cap. 8. Henceforth no Persons shall be obliged to take the Oaths of Allegiance and Supremacy or either of them by force of the Acts of 1 Eliz. or 3 Jac. or any other Statute and the said Oaths are hereby abrogated II. The Oaths appointed by this present Act to be taken and the Declaration appointed by this Act to be made c. shall be taken made repeated and subscribed by such as were required by any Act to take the said abrogated Oaths or either of them before such Persons as hereafter is expressed viz. Archbishops and Bishops and all above the Degree of a Baron of Parliament in the Court of Chancery or Kings Bench between the hours of 9 and 12 in the Forenoon before the end of Trin. Term next or at the General Quarter-Sessions for that County or Place where they shall be or reside between the said hours before the first day of August next IV. Other such Persons shall take the said Oaths and make and subscribe the said Declaration before such Persons as by any Act were authorized to tender the said abrogated Oaths V. All Persons other than such concerning whom other provision shall be made in this Act or Session of Parliament that shall be admitted into any Office or Imployment Ecclesiastical or Civil or come into any capacity by reason whereof they should have been obliged to take the said abrogated Oaths or either of them shall take the Oaths hereby appointed in such manner as they ought to have taken the former Oaths and under the same Penalties Forfeitures Disabilities and incapacities VI. If any Person now having any such Office or Imployment neglect or refuse to take the said Oaths before the first day of August next or sooner if required by order of Council such Office and Imployment shall be void VII Archbishops or Bishops and other Persons now having any Ecclesiastical Dignity Benefice c. neglecting or refusing to take the said Oaths before the first day of August next shall be suspended for six months from the said first of August and if they shall not within the said space of six months take the said Oaths they shall be ipso facto deprived and are hereby adjudged to be deprived VIII Governors Heads or Fellows of Colledges or Halls in either University or of any other Colledge Masters of Hospitals or Schools Professors of Divinity Law Physick or other Science in either University or in London neglecting or refusing as aforesaid before the first day of August next shall be suspended six months to be accounted as aforesaid and if they shall not within the said space of six months take the said Oaths their Offices Imployments Masterships Governments Fellowships and Professorships shall be void IX Other Persons refusing to take the said Oaths being lawfully tendred shall be committed by the Persons tendring the same to the Common Gaol or House of Correction for three months without Bail or Mainprize unless such Offenders shall pay down 40 s. or such lesser Sum as the Persons tendring the said Oaths shall require which Mony shall go to the relief of the Poor of the Parish or Place where such Offender did last reside and if at the end of three months such Persons shall again refuse c. they shall be committed as aforesaid for six months unless they shall pay down such Sum of Mony as the Persons tendring the said Oaths shall require not exceeding 10 l. nor under 5 l. the said Mony to be disposed as aforesaid and unless such Offenders shall become bound with two Sureties to be of the Good Behaviour and appear at the next Assizes or General Gaol-delivery for the place where they shall reside at which Assizes or Gaol-delivery the said Oath shall be again tendred in open Court and upon refusal the Persons refusing shall be adjudged incapable of any Office Civil or Military and be bound to their Good Behaviour till they take the said Oaths and if such Persons shall refuse to make and subscribe the Declaration mentioned in the Statute of the 30th Year of King Charles II. Entituled An Act for the more effectual preserving the Kings Person and Government c. they shall be taken and deemed Popish Recusants convict to all intents and purposes X. Commission-Officers and Non-Commission or Warrant-Officers now employed by Sea or Land shall take the said Oaths and make and subscribe the last mentioned Declaration before the Lord Admiral or Commissioners of the Admiralty or their Deputies or such as their Majesties shall appoint to administer them And all Persons hereafter to be put into any such Imployment shall before the delivery of their Commission or Warrant take the said Oaths and make and subscribe the said Declaration before the Lord Admiral or Commissioners of the Admiralty or their Deputies or such as shall issue such Commission or Warrant or such as shall be authorized to administer the same as aforesaid and in case of refusal shall be incapable of taking or executing such Office or Imployment XI The Oath appointed by the Statute of 13 Car. 2. Entituled An Act for the ordering the Forces in the several Counties of this Kingdom And so much of a Declaration prescribed in another Act made in the same Year Entituled An Act for the Uniformity of Publick Prayers c. as is expressed in these Words viz. I A. B.
prosecutions in the Court of Kings Bench for Matters and Causes cognizable only in Parliament and by divers other arbitrary and illegal Courses And whereas of late years partial corrupt and unqualified Persons have been returned and served on Juries in Trials and particularly divers Jurors in Trials for High-Treason which were not Freeholders And excessive Bail hath been required of Persons committed in criminal Cases to elude the benefit of the Laws made for the Liberty of the Subjects And excessive Fines have been imposed And illegal and cruel Punishments inflicted And several Grants and Promises made of Fines and Forfeitures before any Conviction or Judgment against the Persons upon whom the same were to be levied All which are utterly and directly contrary to the known Laws and Statutes and Freedom of this Realm And whereas the said late King James II. having abdicated the Government and the Throne being thereby vacant His Highness the Prince of Orange whom it hath pleased Almighty God to make the Glorious Instrument of delivering this Kingdom from Popery and Arbitrary Power did by the Advice of the Lord Spiritual and Temporal and divers Principal Persons of the Commons cause Letters to be written to the Lords Spiritual and Temporal being Protestants and other Letters to the several Counties Cities Universities Boroughs and Cinque-Ports for the choosing of such Persons to represent them as were of Right to be sent to Parliament to meet and sit at Westminster upon the two and twentieth day of January in this year one thousand six hundred eighty and eight in order to such an establishment as that their Religion Laws and Liberties might not again be in danger of being subverted upon which Letters Elections having been accordingly made And thereupon the said Lords Spiritual and Temporal and Commons pursuant to their respective Letters and Elections being now assembled in a full and free representative of this Nation taking into their most serious consideration the best means for attaining the ends aforesaid do in the first place as their Ancestors in like case have usually done for the vindicating and asserting their ancient Rights and Liberties declare That the pretended Power of suspending of Laws or the Execution of Laws by Regal Authority without consent of Parliament is illegal That the pretended Power of dispensing with Laws or the Execution of Laws by Regal Authority as it hath been assumed and exercised of late is illegal That the Commission for erecting the late Court of Commissioners for Ecclesiastical Causes and all other Commissions and Courts of like nature are illegal and pernicious That levying Mony for or to the use of the Crown by pretence of Prerogative without grant of Parliament for longer time or in other manner than the same is or shall be granted is illegal That it is the Right of the Subjects to petition to the King and all Commitments and Prosecutions for such petitioning are illegal That the raising or keeping a standing Army within the Kingdom in time of Peace unless it be with consent of Parliament is against Law That the Subjects which are Protestants may have Arms for their Defence suitable to their conditions and as allowed by Law That Election of Members of Parliament ought to be free That the freedom of Speech and Debates or Proceedings in Parliament ought not to be impeached or questioned in any Court or Place out of Parliament That excessive Bail ought not to be required nor excessive Fines imposed nor cruel and unusal Punishments inflicted That Jurors ought to be duly impannelled and returned and Jurors which pass upon Men in Trials for High-Treason ought to be Freeholders That all Grants and Promises of Fines and Forfeitures of particular Persons before Conviction are illegal and void And that for redress of all Grievances and for the amending strengthening and preserving of the Laws Parliaments ought to be held frequently And they do claim demand and insist upon all and singular the Premisses as their undoubted Rights and Liberties And that no Declarations Judgments Doings or Proceedings to the prejudice of the People in any of the said Premisses ought in any wise to be drawn hereafter into Consequence or Example To which demand of their Rights they are particularly encouraged by the Declaration of his Highness the Prince of Orange as being the only means for obtaining a full redress and remedy therein Having therefore an intire Confidence That his said Highness the Prince of Orange will perfect the Deliverance so far advanced by him and will still preserve them from the Violation of their Rights which they have here asserted and from all other Attempts upon their Religion Rights and Liberties The said Lords Spiritual and Temporal and Commons assembled at Westminster do resolve That William and Mary Prince and Princess of Orange be and be declared King and Queen of England France and Ireland and the Dominions thereunto belonging to hold the Crown and Royal Dignity of the said Kingdoms and Dominions to them the said Prince and Princess during their Lives and the Life of the Survivor of them And that the sole and full Exercise of the Regal Power be only in and executed by the said Prince of Orange in the Names of the said Prince and Princess during their joynt Lives and after their deceases the said Crown and Royal Dignity of the said Kingdoms and Dominions to be to the Heirs of the Body of the said Princess And for default of such Issue to the Princess Anne of Denmark and the Heirs of her Body and for default of such Issue to the Heirs of the Body of the said Prince of Orange And the Lords Spiritual and Temporal and Commons do pray the said Prince and Princess to accept the same accordingly And that the Oaths hereafter-mentioned be taken by all Persons of whom the Oaths of Allegiance and Supremacy might be required by Law instead of them and that the said Oaths of Allegiance and Supremacy be abrogated I A. B. do sincerely promise and swear That I will be Faithful and bear true Allegiance to their Majesties King WILLIAM and Queen MARY So help me God I A. B. do swear That I do from my Heart Abhor Detest and Abjure as Impious and Heretical this damnable Doctrin and Position That Princes excommunicated 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 Foreign Prince Person Prelate State or Potentate hath or ought to have any Iurisdiction Power Superiority Pre-eminence or Authority Ecclesiastical or Spiritual within this Realm So help me God Upon which their said Majesties did accept the Crown and Royal Dignity of the Kingdoms of England France and Ireland and the Dominions thereunto belonging according to the resolution and desire of the said Lords and Commons contained in the said Declaration And thereupon their Majesties were pleased That the said Lords Spiritual and Temporal and Commons being
all Sheriffs Mayors Bailiffs Constables and other Officers are required to be aiding in the execution of this Act No Officer whatsoever relating to the Customs shall sign suffer or allow of any Warrant or Order for delivering of any Goods prohibited by this Act to any Person or into any Place other than into one of their Majesties Ware-houses there to remain till Judgment pass according to this Act nor shall any Person whatsoever relating to the Customs by virtue or colour of any Warrant or Order take up or deliver any the said Goods or suffer them to be carried to any other place than one of the Kings Ware-Houses there to remain as aforesaid And such Goods brought into the Kings Ware-houses shall be forthwith viewed in the presence of two or more principal Officers of that Port whereof the Collector Customer or Customers Deputy to be one and the marks and numbers of each Vessel or Package and the quality and quantity of the said Goods and the time when brought in and of their delivery out of the said Ware-houses shall by special direction of the Commissioners or other Chief Officers of the Customs be registred in a Book to be kept for that purpose and for entry of Claims which examination shall be repeated and entred as aforesaid after condemnation at the delivery of them out to be destroyed and compared with the first Entry to prevent Fraud or Imbezilment and if any such be found the same to be entred and subscribed in the said Book by the principal Officer of the Port not having charge of the Ware-house and Copies of the Entries Examinations and Claims and a true Certificate of the deduction of the said Goods shall be transmitted to the Commissioners of the Customs with monthly Abstracts of the said Ports of which a distinct account shall be kept by the Officers of the Seizures in the Port of London IV. Such Goods shall not be delivered out of any the said Ware-houses till a Judgment or Condemnation have passed upon them otherwise than to be produced at a Trial to be had touching the unlawful importing the same or for the recovery of any Penalty incurred thereby V. If any Person not being a known Merchant Vintner or Shop-keeper shall after the first day of September 1689. sell or expose to sale any of the Commodities hereby prohibited they shall over and above the Penalties aforesaid suffer twelve months Imprisonment VI. Vessels with all their Guns and Furniture in which any such Commodities shall after the said 24th day of August be imported and every Bark Lighter or other Vessel out of which they shall be put on Shore shall be forfeited and the Master or other Person taking care of such Vessel for the Voyage or out of which any of the said Commodities shall be unshipt into any Hoy c. to be put on Shore shall forfeit 500 l. and also being apprehended by a Justice of Peace's Warrant and the Fact proved before one or more Justices by the Oath of two Witnesses shall be committed to the next Gaol for twelve months and Seamen Watermen Carmen and other Persons assisting in the landing or conveying any of the said Commodities by Land or Water shall upon examination and proof as aforesaid be subject to like Imprisonment or be publickly whipt at the Justices discretion and the Carts Teams Carriages Horses and Oxen made use of in such Carriages or Conveyance may be seiz'd and stay'd and upon proof before Justice of Peace by the Oaths of two Witnesses that they were made use of in moving or conveying any Goods hereby prohibited to be imported they shall be forfeited the one half to the use of the Poor of the Parish the other to his use that shall seize the same and if the Master or other Person belonging to any Vessel laden or part laden with any the said Commodities shall after the said 24th day of August unship or wittingly suffer to be unshipt any the said prohibited Goods either at Sea or in any Harbor Creek or Bay of the Kingdoms aforesaid he shall forfeit 500 l. and suffer Imprisonment as aforesaid VII No Brandy Aqua-vita Spirits or distilled Waters of any place whatsoever shall after the said 24th of August be imported in England or Ireland or any the said Islands on pain to forfeit the fame and the Ship or Vessel in which it shall be imported VIII The values and prices of the said Goods shall be reckoned as followeth viz. A Tun of Wines 30 l. a Tun of Brandy 40 l. and so proportionably Other Commodities aforesaid that are valued in the Book of Rates shall be esteemed according to their value there and the Prices of Commodities not rated there shall be determin'd by the Jury that shall try the cause or shall be empannelled to enquire whether the Goods were of the Product or Manufacture of the French Kings Dominions and in case of Condemnation by default the value to be determin'd by a Jury return'd before the Mayor or Bailiff of the City or Town Corporate or before the next Justice of Peace where the Goods shall be brought IX Persons prosecuting shall be rewarded with one third part of the value of the Goods prosecuted to condemnation and destruction to be Owners X. And the residue of the Forfeitures and Penalties before mentioned and not before disposed of shall be divided into three parts two thirds to their Majesties and one third to such as shall seize or sue for the same the Charge of such Prosecution to be born by their Majesties and issued by the Receiver General of the Customs by Warrant from the Commissioners XI No Foreigner or other Person shall be admitted to claim any of the said Goods till security given to the satisfaction of the Collector to answer to such Penalties as shall be incurred by him as the Importer or which the Owner Importer or Possessor thereof is shall or may be liable to by this Act. XII If any Person belonging to the Customs shall connive at the Importation of any the said Commodities he shall not only forfeit 500 l. to be recovered as aforesaid but be made incapable of any Office or Imployment under their Majesties and forfeit the Penalties of their Bonds for true performance of their Trust XIII Any Persons by Writ of Assistance under the Seal of the Exchequer may take a Constable or other publick Officer and in the day-time enter into any House Shop Cellar Ware-house c. and in case of resistance may break open Doors Trunks or other Package to seize and bring to their Majesties Ware-house any of the said Commodities XIV The Attorny General and other Persons seizing and prosecuting as aforesaid may use such method and course of proceeding as may be used about the seizing trying and prosecuting any Goods or Commodities for non-payment of Customs or other Duties or any Persons for offending against the Laws relating to Customs and Persons prosecuted for any thing done about the putting
the Commissioners for the Prizes out of their Majesties share of Prizes LVIII Provided that if the Commissioners do not pay the same or give a Bill payable out of the first Monies that shall come to their Hands by three days after the same ought to be paid and demand thereof made free of all Charges and Deductions such Commissioners shall be uncapable of any Office in their Majesties Service for the future LIX The shares proportions and rewards given by this Act to Commanders Officers and Seamen shall be in lieu of all Shares in Prizes taken in Fight and otherwise during this War any thing in an Act made in the 13th Car. 2. Entituled Articles and Ordinances for the regulating and Government of their Majesties Navy Ships of War and Forces by Sea or any Declaration or Order of their Majesties to the contrary notwithstanding LX. If any Person shall imbezil any thing whatsoever upon or above the Gun-Deck or in any other place in any Ship taken or seiz'd on as Prize or retaken from the Enemy he shall forfeit his share and reward hereby allowed him and if he be an Officer he shall forfeit for every such Offence 500 l. one moiety to their Majesties the other to him that will sue for the same and shall be uncapable of any Office or Employment under their Majesties for seven years LXI Ships taken as Prize within the Streights of Gibraltar may be carryed into Cadiz or Alicant or Messma or Naplet and be put into the possession of such as shall be authorized by their Majesties to receive and preserve the same till by the Court of Admiralty of England they be adjudged lawful Prize or otherwise legally disposed of the Captors being hereby required to transmit with all speed the Papers taken therein or attested Copies thereof to the said Court LXII Ships taken as Prize in America may be carried into any of their Majesties Ports there and put into the possession of the Chief Governor to be kept as aforesaid till they be disposed of by such as shall be lawfully commissioned in that behalf LXIII Ships taken in any place beyond the Cape of Good Hope may be carried into the Port or Place where any English Factory is established and put into the possession of the Chief Person of the Factory to be kept as aforesaid till condemnation by such as shall be commissioned in that behalf LIV. Where any Vessel shall be taken as Prize by a Privateer in which Vessel there shall be no Goods of the growth or manufacture of the Dominions of the French King then after condemnation and payment of Customs and other Duties the Persons interested in such Privateer shall have the whole to their own use without deduction for Tenths or any other part to their Majesties or the Lord High Admiral LXV Where any Vessel shall be taken within any of their Majesties Ports Rivers or Havens by any Privateer such Prize shall belong to their Majesties as a Perquisite of the Admiralty of England and the Captors to have such part thereof as their Majesties shall think fit to allow LXVI If any Vessel taken as Prize or any Goods therein shall appear to belong to any of their Majasties Subjects continuing under their Majesties Protection and Obedience which were before taken by their Majesties Enemies and retaken such Vessels and Goods and every such part thereof belonging to their Majesties Subjects shall be restored by Decree of the Court of Admiralty to the former Owners they paying in lieu of Salvage if retaken by a Man of War an eighth part of the value which Salvage shall be answered to the Captains Officers and Seamen in the said Man of War to be divided as in this Act is directed touching the share of Prizes belonging to them where Prizes are taken by any of their Majesties Ships of War and if taken by a Privateer or other Vessel after having been in possession of the Enemy twenty four hours an eighth part of the value if above twenty four hours and under forty eight a fifth part if above forty eight hours and under ninety six a third part if above ninety six hours a moiety all which Payments to any Privateer or other Vessel to be made without deduction and if such retaken Ship shall appear to have been set forth by the Enemy as a Man of War the former Proprietors shall pay the full moiety of the true value for Salvage LXVII If any Vessel whereupon Wool is laden to be transported contrary to Law be taken by any Privateer on proof thereof in the Exchequer the Persons interested in the Privateer shall have a moiety of the Vessels and Goods and their Majesties the other moiety LXVIII The Lord High Admiral or Commissioners of the Admiralty shall express all things by this Act directed to be observed concerning Prizes c. in the Instructions by them to be given to Captains and Commanders of their Majesties Ships of War and to Commanders of Privateers LXIX All Goods of the growth or manufacture of France imported and seized shall be sued for and prosecuted in the Exchequer in manner and form as is provided by an Act made in the 14th year of King Charles II. Entituled An Act for preventing Frauds in his Majesties Customs two thirds thereof to be to the use of their Majesties c. they defraying the Charges of the Prosecution and one third to the Prosecutor and no composition to be made for their Majesties part such Goods to be secured and sold as Prize Goods are appointed by this Act to be secured and sold LXX If the Commissioners of the Prizes or of the Customs shall detain the Shares belonging to Persons interested in Privateers two days after the same ought to be paid and demand thereof made free from all Deductions except for Ware-house-room and 2 l. per Cent. for all other Charges they shall forfeit double the Sum so detained Treason I. Stat. 3 4 W. M. cap. 13. If during the present War with France any Persons shall send load transport or deliver or cause to be sent loaden c. to or for the Use of the French King or any of his Subjects residing in his Dominions any Arms Ordinance Powder Bullets Pitch Tar Hemp Masts Cordage Iron Coals Lead or Salt-Peter such Offenders shall be adjudged Traytors II. If any during this War shall send load c. to the use of the French King or any of his Subjects residing c. any Goods or Merchandizes whatsoever other than the Goods herein before particularly mentioned they shall incur a Premunire III. If any of their Majesties Subjects shall after the 10th of March 1691. without their Majesties Licence voluntarily go or imbark in any Vessel with an intent to go into any the Dominions of the French King he shall be adjudged to be guilty of High-Treason IV. If any of their Majesties Subjects shall after the 25th of March 1692. voluntarily come or return from any of the