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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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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.
XVII This Act shall give no ease to Papists or Popish Recusants nor to any that in preaching or writing shall deny the Trinity XVIII If any persons after the 10th day of June come into any Church Chappel or Congregation permitted by this Act and disturb the same or misuse the Teacher upon proof thereof by two Witnesses before a Justice of Peace they shall find two Sureties to be bound by Recognizance in 50 l. and in default thereof be committed to prison till the next Quarter-Sessions and upon conviction of such Offence at the General or Quarter-Sessions shall forfeit 20 l. XIX No Assembly for Religious Worship shall be allowed by this Act till the place of meeting be certified to the Bishop of the Diocess or the Arch-deacon or to the Justices of Peace at the General or Quarter-Sessions and registred or recorded there respectively and a Certificate thereof given without Fee c. Revenue I. Stat. 1 W. M. Sess 1. cap. 14. The Subsidy of Tunnage and Poundage and other Sums of Mony payable upon Merchandise and the several Impositions Duties and Charges upon Liquors Manufactures and other Things and all and singular the Revenue and Revenues except Hearth-mony other than the Duties thereby arising at or before the 25th of March 1689. granted and payable to the two late Kings or either of them which remained and had continuance on the 5th day of November last and all Arrears of the same shall be answered and paid to their Majesties until the 25th day of December 1689. II. All persons who have received or collected any part of the publick Revenue since the said 5th day of November are hereby indemnified against all persons of whom they received or collected the same to be answerable nevertheless to their Majesties III. Seizures and Distresses made or to be made by any persons authorized and all Forfeitures and Penalties for any Offence against any Law concerning the Customs or Excise or relating to the Transportation of Wool or importation or exportation of prohibited Goods incurred since the 11th day of December and before the 13th of February 1688. shall be prosecuted as well by any Informer for the King and Queen and himself as by the Attorny General in manner and form as if such Seisures Distresses and Offences had been made and committed after the said 13th day of Febr. IV. Stat. 1 W. M. Sess 1. cap. 28. Part of the Mony accruing to their Majesties by one Act of Parliament made in the first year of the Reign of the late King James II. Entituled An Act for granting to his Majesty an Imposition upon all Tobacco and Sugar imported between the 24th day of June 1685. and the 24th day of June 1693. not exceeding in the whole 60000 l. shall be applyed to the payment of the Wages due to the Servants of the late King Charles II. which were his Servants at the time of his decease to be paid them within three years from the 24th day of Dec. 1689. by three equal payments and in such manner and proportion and to such of them as his Majesty shall direct and the residue of the Mony arising by the said Act and the Mony arising by two other Acts of the said first year of the said late King James the one entituled An Act for granting his Majesty an imposition upon all Wines and Vinegar imported between the 24th day of June 1685. and the 24th of June 1693. and the other An Act for granting an aid to his Majesty by an imposition on all French Linnens and all East-India Linnen and several other Manufactures of India and on all French wrought Silks and Stuffs and on all other wrought Silks and on all Brandies imported after the first day of July 1685. and before the first day of July 1690. and by one other Act of this Parliament Entituled An Act for an additional Duty of Excise upon Beer Ale and other Liquors shall be applied from the 29th of September 1689. during the continuance of the said Acts in the first place towards the payment of 600000 l. to the States of the United Provinces for their assistance to his Majesty in coming into this Nation in such manner as his Majesty shall direct and the residue towards the subduing the Rebellion of Ireland and other Charges of the War against France V. Accounts of the said Monies to be kept apart from other Monies payable to their Majesties that such as the States of the United Provinces shall appoint and other persons concerned may see how the said additional Duty and other Impositions are from time to time paid into the Exchequer VI. No Mony shall be paid to any of the late King Charles II's Servants but to such as before the first day of February next shall have taken the Oaths and made and subscribed the Declaration mentioned in an Act of this present Parliament Entituled An Act for abrogating the Oaths of Supremacy and Allegiance and appointing other Oaths at the General Quarter-Sessions of the County or Place where they reside and shall produce a Certificate thereof attested by the Clerk of the Peace VII Stat. 1 W. M. Sess 2. cap. 3. An Act for preventing all Doubts and Questions concerning the collecting the publick Revenue Exp. Rights and Liberties I. Stat. 1 W. M. Sess 2. cap. 2. Whereas the Lords Spiritual and Temporal and Commons assembled at Westminster lawfully fully and freely representing all the Estates of the People of this Realm did upon the thirteenth day of February in the year of our Lord one thousand six hundred eighty eight present unto their Majesties then called and known by the Names and Stile of William and Mary Prince and Princess of Orange being present in their proper Persons a certain Declaration in Writing made by the said Lords and Commons in the Words following viz. Whereas the late King James II. by the assistance of divers evil Councellors Judges and Ministers employed by him did endeavour to subvert and extirpate the Protestant Religion and the Laws and Liberties of this Kingdom By assuming and exercising a Power of dispensing with and sus-spending of Laws and the Execution of Laws without consent of Parliament By committing and prosecuting divers worthy Prelates for humbly petitioning to be excused from concurring to the said assumed Power By issuing and causing to be executed a Commission under the Great Seal for erecting a Court called The Court of Commissioners for Ecclesiastical Causes By levying Mony for and to the use of the Crown by pretence of Prerogative for other time and in other manner than the same was granted by Parliament By raising and keeping a standing Army within this Kingdom in time of Peace without consent of Parliament and quartering Souldiers contrary to Law By causing several good Subjects being Protestants to be disarmed at the same time when Papists were both armed and employed contrary to Law By violating the freedom of Election of Members to serve in Parliament By
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
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