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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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Tax made by virtue of this Act or by the determination of the Justices c. may have recourse to the General Quarter-Sessions whose determination therein shall be final XXVIII And whereas there are many common High-ways in the said Parishes which cannot be sufficiently supported without the help of this Act Be it enacted That one or more Assessment or Assessments upon the Inhabitants and Occupiers of Lands c. and Persons usually ratable to the Poor shall from time to time be made and allowed by such Persons as the Justices at their Quarter-Sessions shall direct and the Mony thereby raised to be employed and accounted for according to their direction towards the supporting such High-ways such Assessments to be levied by distress and sale of goods in case of non-payment within fourteen days after demand rendring the overplus Charges deducted XXIX No such Assessments to be made in any one Year shall exceed 4 d. in the Pound of the yearly value of Lands c. nor 8 d. for every twenty pound in personal Estate XXX New Sewers made since the 12th Year of King Charles II. in any the said Parishes shall be subject to the Commissioners of Sewers and the said Commissioners may direct the making of new Sewers and alter or take away any Nusances therein and any cross Gutters and Channels in any of the Streets and Lanes in the said Parishes XXXI Housholders within the Weekly Bills of Mortality whose Houses adjoyn to the Street from Michaelmas to Lady-day yearly shall hang out Candles or Lights from the time that it grows dark till twelve a Clock at night on pain to forfeit 2 s. for every default except such as shall agree to make use of Lamps to be placed at such distances as shall be approved of by two or more Justices of the Peace XXXII Every Truss of old Hay bought or offered to sale within the Weekly Bills of Mortality between the last of August and the first of June shall weigh 56 pounds at least and between the first of June and the last of August being new Hay of that Summers growth shall weigh 60 pounds and being old Hay of any former years growth shall weigh 56 pounds the Person offering any Hay to be sold of less weight to forfeit for every Truss 18 d. XXXIII No Persons shall suffer their Waggons Carts c. to stand in any place within the Weekly Bills of Mortality loaden with Hay or Straw to be sold from Michaelmas to Lady-day after two a Clock in the Afternoon nor from Lady-day to Michaelmas after three a Clock on pain to forfeit 5 s. for every such Offence XXXIV Justices of Peace in the Places aforesaid within their respective Limits may upon their own View Confession of the Party or proof of one credible Witness upon Oath convict Persons of the said Offences one moiety of the Forfeitures to the Poor and the other to the Prosecutor and in case of a Conviction by the View of a Justice of Peace one half to the relief of the Poor and the other half if for a default of payment towards the repairing and cleansing the Streets to be paid to the Scavengers to be imployed to that use or otherwise to the relief of the Poor as aforesaid all the said Penalties to be levied by distress and sale of Goods by a Justices Warrant to the Constable c. and for want of a distress or in case of non-payment within six days after demand or notice in Writing left at the Offenders House by the Constable c. the Offender not being a Peer shall be committed to the Common Gaol till payment XXXV The Wheels of Carts Carriages or Drays within the said Places where the Streets are paved shall contain six Inches in the Felley and shall not be wrought about with any Iron-work nor drawn with above two Horses after they are up the Hills by the Water-side Owners of Carts c. the Wheels whereof shall not be of that breadth or shod with Iron or drawn with above two Horses as aforesaid shall forfeit 40 s. for every time such Cart c. shall be used for the Uses and to be levied as aforesaid XXXVI This shall not extend to Country Carriages bringing Goods to the said Places or carrying any Goods half a Mile beyond the paved Streets XXXVII No Persons shall keep Swine within the Houses or Back-sides of the paved Streets where the Houses are contiguous upon pain of forfeiting the same to the use of the Poor of the Parish And Church-wardens Overseers of the Poor Constables Beadles Headboroughs and Tythingmen may in the day-time by Warrant from the Lord Mayor of London or any Justice of Peace of the place search for Swine and drive them away to sell the Mony to be delivered to the Church-wardens or Overseers of the Poor of the Parish for the use of the Poor XXXVIII The cleansing the Streets Lanes and Passages within London and the Liberties thereof shall be managed according to the ancient usage of the City XXXIX The Lord Mayor or any Alderman may upon his own knowledge or view in the General Quarter-Sessions make presentment of any such Offence within the City and Liberties thereof and the Lord Mayor and Justices of the City shall at the same Sessions assess Fines for the same not exceeding 20 s. for every Offence to be paid to the Chamberlain of London for the use of the City XL. In Actions c. commenced for what any Person shall do in pursuance of an Act made in the 22 and 23 Years of King Charles II Entituled An Act for the better paving and cleansing the Streets and Sewers in and about the City of London or this Act the Defendant may plead the General Issue and give the said Act and the Special Matter in Evidence and if the Plaintiff or Prosecutor become Non-suit or suffer a Discontinuance or a Verdict pass against him the Defendant shall recover treble Costs XLI The High-way leading from the East-side of Clerkenwell-Green to St. Johns Street shall be pav'd according to the direction of this Act. Militia I. Stat. 2 W. M. Sess 2. c. 12. An Act for the raising the Militia of this Kingdom for the Year 1691. though the Months Pay formerly advanced be not paid II. Stat. 3 4 W. M. cap. 7. An Act for raising the Militia of this Kingdom for the Year 1692. although the Months Pay formerly advanced be not repaid III. Stat. 3 4 W. M. cap. 6. If at any time before the 25th day of March 1694. their Majesties shall think it necessary for the safety of this Kingdom to draw out the Militia into actual Service and the same be signified to the Lieutenants Deputy-Lieutenants and Warden of the Cinque-Ports It shall be lawful for them notwithstanding that one or more Months Pay before that time advanced be not reimbursed to draw out the Souldiers of the Militia into actual Service and to cause the Persons charged to
next Justice of Peace by two Witnesses or upon Certificate under Hand of the Commissary of the Musters or Chief Magistrate as aforesaid made to such Justice shall be committed to the House of Correction for ten days and have his Ear cut off by the Gaoler or Keeper thereof If any Person lend a Horse to be mustered not belonging to the Troop such Horse shall be forfeited to the Informer if it belong to the Person lending if not the Lender shall forfeit 20 l. upon Oath made by two Witnesses before the next Justice of Peace XIV The said Forfeiture to be to the Informer to be paid out of the Arrears of such Officers Pay as shall so offend upon Conviction before a Court-Martial by Order of the said Court to the Pay-Master if such Officer have any Arrears and if there be no Arrear the Court-Martial shall give order to seize such Officers Goods and sell them rendring the overplus and if he have no Goods he shall be sent to the Common Gaol to remain there six months and the Court-Martial shall discharge such Informer if he be a Souldier from any farther Service if he demand it XV. If any Pay-Master Clerk or Agent of a Regiment Troop or Company shall for a month detain the Pay of any Officer or Souldier Cloaths and other Allowances deducted or if any Officers shall refuse to pay each Common Souldier their respective Pay when due if themselves have received it at the rate of 17 s. 6 d. a Week for a Corporal or light Horse 14 s. a Week for a Trumpeter and private Trooper 8 s. 2 d. a Week for a Dragoon 7 s. a Week to a Sergeant 5 s. a Week to each Corporal and Drummer and 4 s. a Week to each private Souldier of the two Regiments of Foot-guards and 6 s. a Week to each Sergeant 4 s. 6 d. a Week to each Corporal and Drummer and 3 s. a Week for each Foot Souldier in the Army and over and above the said 3 s. a Week shall at every two Months end account for 6 d. a Week to each Foot-Souldier upon proof thereof before a Court-Martial as aforesaid such Pay-Master c. shall be discharged from his Employment and forfeit 100 l. to the Informer to be raised as aforesaid and be disabled to hold any Civil or Military Office or Employment and the Informer if a Souldier shall be discharged of any farther Service if he demand it XVI The commanding Officer of every Troop or Company at Musters shall bring a Certificate of the Names of such as are sick or have leave to be absent of such as are dead or deserted since the last Muster and if such Certificate prove false the Officer signing it shall suffer the Penalties hereby inflicted for making false Musters XVII If any Officer shall Muster any Officers Servant or any Person by a wrong Name knowingly upon conviction thereof before a Court-Martial he shall suffer the Penalties hereby inflicted for making false Musters XVIII During the continuance of this Act Constables Tythingmen Headboroughs and other Chief Magistrates of Cities Towns and Villages may Quarter and Billet Officers and Souldiers in Inns Livery-Stables Ale-houses Victualling-houses Houses selling Brandy Strong-waters Sider or Metheglin by retail to be drunk in their Houses but in no private Houses Nor shall more Billets be ordered than there are effective Souldiers present to be quartered If any Magistrate shall Billet any Officer or Souldier in any private House without consent of the Occupier such Occupier shall have his Remedy at Law to recover his Damage sustained thereby And if any Military Officer shall take upon him to quarter Souldiers otherwise than is hereby allowed or shall use Menace or Compulsion upon any Civil Officers afore-mention'd to deter them from performing their Duty herein upon conviction by the Oaths of two Witnesses before two or more Justices of Peace and the said Justices Certificate thereof to the Judge Advocate who is hereby obliged to certifie the same to the next Court-Marshal such Officer shall be taken to the ipso facto cashiered and disabled to hold any Military Employment XIX Officers and Souldiers so billetted shall pay such reasonable prices as shall be appointed by the Justices of Peace in their Quarter-Sessions and the Justices of Peace are required to set Rates for Provisions for one or more Nights in their marching and for the first Night only in Places appointed for their Residence XX. Officers taking Mony for excusing quartering shall be cashiered and made incapable of any Military Employment XXI From and after the 10th of March 1692. no Pay-Master or other Officer shall receive any Fees or make any Deductions out of the Pay of any Officer or Souldier which shall grow due after the said 10th day of March other than the usual Deductions for Cloathing and the 12 d. in the pound to be disposed as their Majesties think fit and one days Pay in the Year for the use of Chelsey-Colledge XXII This Act shall be read at the Head of every Regiment Troop or Company at every Muster that no Souldier may pretend Ignorance XXIII Officers receiving Pay or Subsistence-Mony for Regiments Troops or Companies shall upon the receipt of every Sum give notice to all Inn-keepers and other Persons where Officers and Souldiers are quartered and appoint them to repair to their Quarters at such times as they shall appoint for distribution thereof which shall be within four days after they have received it and such Inn-keepers and other Persons shall be paid off what Debts are owing to them before any part of the said Pay or Subsistence be distributed to the Officers or Souldiers XXIV Provided such Debts exceed not for a Commission Officer of Horse under the Degree of a Captain for Dyet and small Beer Hay and Straw per diem 2 s. and for such a Commission Officer of Dragoons 1 s. and 6 d. nor for such a Commission Officer of Foot 1 s. and if such Officers shall have a Horse or Horses for each Horse 6 d. per diem nor for one Light-horse-mans Dyet and small Beer and Hay and Straw per diem 1 s. nor for one Dragoon 9 d. nor for a Foot Souldiers Dyet and small Beer 4 d. and if any Officer shall not give notice as aforesaid and upon producing such Accounts pay the same upon Oath made thereof by two Witnesses at the next Quarter-Sessions the Pay-masters of their Majesties Forces are hereby required upon Certificate of the said Justices of the Sums due upon such Accounts and the Persons to whom owing to satisfie them out of the Arrears due to such Officer on pain to lose their Places and to be disabled to hold them for the future And if there be no Arrear the Pay-masters shall deduct what they shall pay pursuant to such Certificate out of the next Pay or Subsistence-Mony of the Regiment to which such Officer belongs and such Officer shall be ipso facto cashiered and when the
shall for so neglecting or refusing forfeit to their Majesties such Sum as the said Commissioners or the major part of them shall think fit not exceeding 20 l. nor under 10 l. to be levied by distress and sale of the Offenders Goods and Chattels in like manner as is appointed for levying the several Rates herein mentioned in case of refusal of payment And every Assessor as afore appointed before he take upon him the execution of the said Employment shall take the Oaths required to be taken in an Act made in the first Year of their Majesties Reign Entituled An Act for the abrogating the Oaths of Supremacy and Allegiance and appointing other Oaths Oath to be taken and also take the Oath following You shall swear well and truly to execute the Duty of an Assessor and to cause the Rates and Duties imposed by an Act Entituled An Act for granting to their Majesties an Aid of 4 s. in the Pound for one year for carrying on a vigorous War against France to be duly and impartially assessed according to the best of your skill and knowledge and therein you shall spare no Person for Favour or Affection nor any Person grieve for Hatred or Ill-will So help you God VI. Certificates to be return'd to the Commissioners by the 5th of March 1693. The Rates and Assessments upon all ready Monies Debts Goods Chattels Personal Estates and Publick Offices and Employments of Profit charged by this Act shall be ascertained and the Certificates thereof returned to the Commissioners upon or before the 5th of March 1693. unless the Commissioners shall think fit to give farther time And also the Assessments of 4 s. in the Pound of the yearly value of all Manors Messuages Tenements Hereditaments and Premises charged by this Act shall be ascertained and the Certificates returned in to the Commissioners on or upon the 5th day of March aforesaid unless the Commissioners shall think fit to give farther time and upon return of such Certificate any three or more of the Commissioners may examine the Presenters thereof if they see cause Commissioners to examine suspected Returns And if at the return of the Certificates or within twenty days after they shall have cause to suspect that any Person or any Manors Lands or other the Premises which ought to be charged is omitted or that any Person is of a greater Estate or any the Lands or other Premises are of greater yearly value the said Commissioners or any three of them may summon such Person or the Owners of such Manors or other Premises to appear before them and if they neglect to appear not having a reasonable excuse every Person so making default Penalty of the Persons not appearing shall pay to their Majesties double the Sum he should have been rated at And the said Commissioners or the major part of them shall have power to examine into the Estate of such person and the value of such Premises chargeable by this Act and to set such Rates thereon as shall be chargeable by this Act. VII And the said Commissioners Collecting the Duty at 4 quarterly Payments and when to begin or any two of them shall issue out their Warrants for the collecting the Rates and Assessments in respect of the Personal Estates Offices and Imployments and also of the Pound Rate to be charged upon Lands Tenements and other the Premisses as aforesaid at four quarterly Payments the first to be on the 26th of March 1694. or within twenty days after paid into their Majesties Exchequer The second Payment by the 20th day of June next ensuing or within twenty days after The third on the 20th day of September next ensuing or within twenty days after And the last Payment to be on the 20th of December or within twenty days after VIII The Sub-collector may retain 3 d. Sub-collectors and Receiver Generals Fee for each 20 s. he collects as a Reward for his Pains and shall not travel above ten miles for payment of any Monies by him received And the Head-collector shall be nominated by the Receiver General of the County which Receiver General shall be answerable for all Monies received by the Collectors of the said County And the Receiver General shall have 2 d. in the Pound for all Monies paid by him into the Exchequer on or before the times prefixt in this Act. IX Commissioners Clerks Fees The Commissioners Clerks shall for writing Warrants Certificates and Duplicates by Warrant under two or more of the Commissioners Hands receive from the respective Receivers General 1 d. in the Pound for such Monies as they shall have received X. Penalty of refusing payment Upon refusal to pay as by Act assessed it shall be lawfull to distrain and the Distress to sell within four days And moreover it shall be lawful to break open in the day-time any House and upon Warrant under the Hands and Seals of two or more of the said Commissioners any Chest Trunk Box or other things where any such Goods are calling the Constables or Headboroughs to their assistance where any refusal or resistance shall be made Tenants to deduct out of their Rents The several Tenants which shall be rated by virtue of this Act are hereby required to pay such Monies as shall be rated upon such Houses and Premises and deduct out of the Rents so much of the said Rates as in respect of the said Rents of every such House or Lands the Landlord ought to bear and all Landlords are hereby required to allow such Deductions upon receipt of the residue of their Rents XI Within what time to appeal If any Person by this Act sessed do find himself grieved by such assessing and do within ten days after demand of the same complain to the Commissioners the said Commissioners or any three or more of them so as the major part of the Commissioners who signed the Rates be present shall have power within ten days after such complaint to examine any Persons upon Oath of their real or personal Estate and upon examination and knowledge thereof to abate or enlarge the same Assessment and the same so abated or enlarged shall be estreated into the Exchequer as aforesaid Appeals to be final Collector neglecting or refusing his Penalty And Appeals once determined to be final XII If any Collector shall neglect or refuse to pay any Mony by him received as by this Act is directed or shall detain any Mony and not pay the same at such time as is hereby directed the Commissioners of each County or any two or more of them are hereby impowred to imprison the Person and seize the Estate both real and personal of such Collector to him belonging or which shall descend or come to his Heirs or Executors and to give notice and appoint a time for the sale thereof and to satisfie and pay into the Hands of the Receiver General so much as shall be detained by the
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
Granted into which all such Moneys shall be paid of which the Receiver General shall separate and keep apart Three parts the whole in Four to be divided which shall remain from time to time after Payments made thereout by virtue of any Laws now in force upon Debentures for Goods Reshipt or Corn Exported or discounts upon Bonds and of Allowances for dammaged Goods and Bills of Portage and the Comptroller General of the Customs shall keep a distinct Account of the said Three parts to which Accounts all Persons concern'd may have free Access without Fees and the Receivers shall weekly on Wednesday unless it be a Holy-day and then the Day after that is not a Holy-day pay the said Three parts into the Receipt of the Exchequer apart from other Moneys XI And there shall be provided in the Exchequer in the Office of the Auditor of the Receipts one Book in which such Moneys shall be Entred apart and all Persons Lending Money upon the Credit of this Act shall have a Tally of Loan Struck and an Order for Repayment bearing Date with the Tally In which Order there shall be a Warrant for Payment of Interest according to the Rates aforesaid to be Paid every Three Months such Orders to be Registred in Course without preference and all Persons shall be paid in Course as their Orders stand Entred and the said Money shall not be divertible to any other Use Intent or Purpose And if the Receiver General do not pay in the said Moneys as aforesaid or misapply any Part thereof he shall forseit his Office and be uncapable of any Office or Place of Trust and shall pay the Value of the Sums misapplied to him that will sue for the same No Fee Reward or Gratuity shall be demanded or taken for providing or making any such Registers Entries View or Search in or for Payment of Money Lent or the Interst by any of Their Majesties Officers their Clerks or Deputies on pain of payment of treble Damages to the Party grieved and Costs of Suit and the Officer taking or demanding any such Fee shall lose his Place and if any undue preference be made in point of Registry or Payment the Party offending shall be liable by Action of Debt or of the Case to pay the Value of the Debt Damages and Costs to the party grieved and shall be forejudged his Place if an Officer and if a Deputy or Clerk shall be for ever uncapable of it And if the Auditor shall not direct the Order or the Clerk of the Pells Record or the Teller make Payment according to each Persons Order they shall be adjudged to forfeit and their Deputies and Clerks herein offending to be liable to such Action Damages and Costs as aforesaid All which Penalties and Forfeitures to be Recovered by Action of Debt Bill Plaint or Information c. XII If several Tallies of Loan or Orders for Payment bear Date or be brought the same day it shall be no undue preference which is Entred First so all be entred the same Day Nor shall it be any undue preference to direct record and pay subsequent Orders of Persons that come and demand their Money and bring their Orders before others that do not come to demand theirs so as there be so much Money left as will satisfie precedent Orders Interest upon Loan being to cease from the time that the Money is kept in Bank for them XIII Moneys due by Virtue of this Act after Order Entred in the Register may by Endorsement be transerr'd and the Assignee may in like manner Assign toties quoties but such Endorsement must be notified in the Office of the Auditor of the Receipt and an Entry or Memorandum made thereof in the Book of the Register for Orders XIV Stat. 2. W. M. Sess 2. cap. 4. There shall be paid to Their Majesties and Their Successors for the several Merchandizes hereafter mentioned over and above the Duties already imposed the farther Duties following viz. XV. For Calicoes and other Indian Linen and for wrought Silks and other Manufactures of India and China Except Indigo imported between the 25th of Decemb. 1690. and the 10th of Novemb. 1695. 20 l. for every 100 l. value and for wrought Silks imported within that time from any other place 10 l. for every 100 l. value and for Raw-Silks imported within that time from China or the East-Indies 5 l. for every 100 l. value XVI For all Linen imported within that time from places whence it may be imported other then Linen of the Manufacture of the Spanish Netherlands or United Provinces not Exceeding an Engl. Ell and half quarter in breadth one Moiety above what is already imposed And for Linen of the Manufacture of the Spanish Netherlands or United Provinces of the breadth of 2 Ells or upwards and under 3 Ells as much more as is now charged and of the breadth of 3 Ells or upwards treble as much as is now charged XVII For Deal-Timber and all other Wood imported within that time from any part of Europe except Ireland 10 l. for every 100 l. value above what is now charged XVIII For every Tun of Hemp-Seed or other Seed-Oyl imported within that time 8 l. and so proportionably for greater or lesser quantities XIX For every hundred Weight of Hops containing 112 pounds imported within that time 20 s. above what is now charged and so in proportion XX. For every 100 Weight of Pepper containing 112 pounds 28 s. above the charge in the Book of Rates and so in proportion one third part to be paid down and Bond to be given for the payment of the Remainder at Twelve Months end or else to discount 10 per Cent. for present payment XXI For every 100 l. value of Grocery Wares and Drugs other then Pepper Liquorice Currans Sugar Tobacco Mace Cinnamon Nutmegs and Cloves 10 l. For every 100 pound of Currans 5 l. above the charge in the Book of Rates and so in proportion XXII For every Tun of Iron except Bushel Iron imported in any other Vessel then English built and whereof the Master and three Fourths of the Mariners are English 33 s. And for every Tun of such Iron imported in Vessels English built and so navigated 23 s. and so in proportion XXIII For Foreign Iron-Wire except Card-Wire an● Wire smaller then Fine and Superfine and Wooll-Cards or o● he Wares made of Iron-Wire for every 100 Weight con●aining 112 pounds 22 s. 6 d. and so in proportion Whic● of Iron-Wire except as aforesaid it shall be lawful to import during the time aforesaid For Steel-Wire imported 14 s. for every 100 Weight containing as aforesaid For every Iron Pot and Iron Kettle imported 1 s. 3 d. For every small Back for Chimneys 1 s. 2 d. for every large Back 2 s. 4 d. for every 100 weight of Rod-Iron containing 112 pound 5 s. and so in proportion for every 100 weight of Frying-pans containing as aforesaid 4 s. and so in proportion
of Their Majesties Reign Entituled An Act for Granting to Their Majesties certain Impositions upon Beer Ale and other Liquors for one year so far as it relates to Elections of Members to serve in Parliament and leaving true Notes in Writing of the last Gauges with the Penalties relating thereunto shall from the First Day of March next be revived and continue during the continuance of this Act and from thence to the End of the next Session of Parliament CLIII It shall be Lawful to Lend and Advance to Their Majesties upon the Credit of this Act any Sum or Sums not exceeding in the whole 510000 l. and to receive for forbearance 8 l. per Cent. per Aanum CLIV. Officers concerned in Levying the Duties arising by this Act shall keep a separate account thereof and pay the same in specie into the Exchequer every Wednesday unless it be a Holyday and then the day after and upon neglect or refusal shall incur the Penalties c. that other Officers of the Exchequer before mentioned shall be liable to which Moneys shall be applied to the Uses mentioned in this Act. CLV Out of the Money which shall be paid into the Exchequer upon Loan or otherwise by Virtue of this or any other Act of this Session of Parliament for Granting Aids and Supplies c. other then an Act Entituled An Act for Granting to Their Majesties an Aid of Four Shillings in the Pound c. the Sum of 1226516 l. shall be Appropriated for the payment of Officers and Seamen and for Stores Provisions and Victuals for the Navy and to the Expences of the Ordnance in respect to Naval Affairs and other necessary Uses for the Navy And if any Officer belonging to the Revenue Exchequer Navy or Ordnance wittingly divert any Part of the Money hereby Appropriated to any other purpose he shall lose his Place and be disabled to execute any Office whatsoever CLVI The additional Duties imposed by this Act shall not affect such Foreign Stores as have been sold to the use of the Navy by Contract with the Navy-board before the First of January 1692. so as a Certificate be given by the Commissioners of the Navy that such Stores have been so Contracted for and so as the Importer make Oath of the Truth of the Contract and that he will deliver them into their Majesties Stores accordingly CLVII Commissioners and Patent-Officers their Deputies Clerks and Servants who have or shall have any Imployment about the Customs shall before the 19th Day of April next or at their admissions hereafter take their Oaths for the true Execution to the best of their Knowledge and Power of their several Trusts and Employments and that they will take no Reward or Gratuity but their respective Salaries and what is or shall be allow'd them by the Crown or the Regular Fees Established by Law for any Service done or to be done in the Execution of their Employments CLVIII Stat. 4 5 W. M. cap. 15. The several Impositions and Duties upon Wines and Vinegar Granted by an Act made the First year of the late King James 2d Entituled An Act for Granting His Majesty an Imposition upon all Wines and Vinegar Imported between the 24th of June 1685. and the 24th of June 1693. Which by an Act of this present Parliament was continued from the said 24th of June 1693. to the 24th of June 1696. shall be farther continued until the 24th of June 1698. CLIX. The Rates Duties and Impositions for Tobacco Granted by an Act in the 1st Year of the Reign of the said late King James 2d 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. which said Act as concerning Impositions upon Tobacco only by an Act of this present Parliament was farther continued unto the 24th day of June 1696. shall be continued from the said 24th day of June 1696. to the 24th of June 1698. CLX The Additional and other Impositions and Duties upon several sorts of Goods and Merchandize Granted by an Act of this present Parliament in the Second year of Their Majesties Reign Entituled An Act for Granting to Their Majesties certain Impositions upon all East India Goods and Manufactures and upon all wrought Silks c. to be Imported after the 25th day of Decemb. 1690. and which were to have continuance to the 10th day of Novemb. 1695. shall be continued from the 9th day of November 1695. to the 10th day of November 1697. CLXI Any Persons may advance Moneys upon the Security of this Act not exceeding in the whole 500000. l. and to have any Sum for forbearance nor exceeding 8 l. per Cent. per Annum CLXII There shall likewise be paid to Their Majesties 5 l. for every 100 l. of the Joynt-Stock of the East-India Company the said Stock being valued at 744000 l. The same to be paid by the Governour and Treasurer of the Company by Four Quarterly Payments the First on the 25 of March 1693. and to be deducted upon the next Dividend CLXIII And for every Share in the Joynt-Stock of the African Company as the Number of Shares are now reckoned there shall be paid to Their Majesties the Sum of 20 s. by the Governour and Treasurer of that Company by Four Quarterly Payments the First to be made on the said 25th of March 1693. and to be deducted as aforesaid CLXIV And for every Share in the Joynt-Stock of the Hudson's Bay Company as the number of Shares are now reckon'd there shall be paid the Sum of 5 l. by the Governour and Treasurer of that Company ut supra And for default of Payment at the Days and Times aforesaid the Charter of such Company respectively shall be void CLXV From and after the Sixth Day of April 1693. none shall be admitted to swear to a Debanture for any Duties to be drawn back upon Re-exportation but he who is the true Exporter as being either Interested in the Goods or Employed by Commission CLXVI All Persons who by way of Insurance or otherwise shall undertake to deliver any Goods Imported from beyond Sea without paying the Duties payable for the same or any Prohibited Goods and shall deliver or cause to be delivered the same as aforesaid knowing thereof and all their Abbettors shall for every such offence forfeit 500 l. above the Forfeitures to which they are already liable CLXVII And all who shall agree to pay any Money for the Insuring or Conveying any Goods Imported without paying the Duties or any Prohibited Goods or shall receive such prohibited Gods or such other Goods before the Duties are paid knowing thereof shall also Forseit for every offence 500 l. the one Moiety of the said Forfeitures to Their Majesties and the other to the Informer CLXVIII And if the Insurer or Manager of such Fraud be the Discoverer he shall not only keep the Insurance Money given him and be discharged of
the Penalties to which he is liable but shall have one half of the Penalties imposed upon the Parties making such Insurance or Receiving the Goods as aforesaid and in Case no Discovery be made by the Insurer and the Party Insured shall make discovery thereof he shall recover back his Praenium and have One Moiety of the Forfeitures imposed upon the Insurer and be discharged of the imposed upon himself CLXIX The said Penalties and Forseitures to be Recoverable according to the Course of the Court of Exchequer as other Penalties in like Cases are Recoverable CLXX No Penalty hereby inflicted to be recoverable unless presented within Twelve Months after the Fact Committed CLXXI. All Duties whatsoever that shall accrue to Their Majesties at the Custom-house after the 25th day of March 1693. for Prize-Goods shall be applied entirely to the Credit of an Act of Parliament made this Session Entituled An Act for Granting to Their Majesties certain Additional Impositions upon several Goods and Merchandize for the Prosecuting the present War against France Any other Act to the contrary notwithstanding Deer Stealers I. Stat. 3. 4. W. M. cap. 10. If any Persons shall unlawfully Course Hunt Take in Toyles Kill Wound or take away any Red or Fallow Deer in any Forest Chase Purlieu Paddock Wood Park or other Ground inclosed where Deer are or shall be usually kept without the consent of the Owner or Person entrusted with the Custody thereof or be aiding therein and shall be Convicted by Confession or the Oath of one Witness before a Justice of Peace of the County where the Offence shall be Committed or the Party Apprehended within a Twelve-month after the Offence done they shall Forseit for every such Offence 20 l. and for every Deer wounded taken or killed 30 l. to be Levied by Distress and Sale of Goods by Warrant from the Justice before whom the Conviction shall be made the One third Part to the Informer the other third Part to the Poor of the Parish where the Offence shall be Committed and the other third to the Owner of the Deer And for want of a Distress they shall be Imprisoned a year and set in the Pillory an hour on some Market-Day in the Town next adjoyning to the Place where the Offence was Committed by the Chief Officer of such Market Town or his under Officers II. Constables Head-boroughs and Tythingmen by a Justices Warrant may Enter and Search as for Stolen Goods the Houses and other Places of suspected Persons and if any Venison or Skins of Deer or Toyles be found shall carry such Offender before a Justice of Peace and if he do not give a good Account how he came by them and in some convenient time produce the Party of whom he bought them or prove such Sale upon Oath he shall be Convicted of such Offence and be subject to the Penalties hereby inflicted for killing a Deer III. The Constable or other Officer or Persons prosecuting may detain such Offenders in Custody if they do not presently pay the Moneys due by the Conviction till a Return may be made of the Warrant for Distress such Detainer not exceeding Two days IV. Owners of any such Deer or any acting under them may resist such Offenders and be Indemnified as if such Fact had been Committed in an ancient Chase or Park V. No Certiorari shall be allowed to remove any Conviction or other proceeding upon this Act unless the Party Convicted shall before it be Allowed become bound to the Prosecutors in 50 l. with Sureties to be approved by the said Justice to pay within a Month after the Conviction confirm'd or a procedendo Granted their full Costs to be ascertain'd upon Oath VI. No Offender Punished by Virtue of this Act shall incur the Penalty of any other Law for the same Offence VII Persons prosecuted for any thing done in pursuance of this Act may Plead the general Issue and give the special Matter in Evidence VIII If any Person shall in the night time pull down or destroy or cause to be pull'd down or destroyed the Pails or Walls of any Park Forest c. or other Ground inclosed where Red or Fallow-Deer shall be kept such Persons being Convicted by Oath of one Witness before a Justice of Peace shall by such Justices Warrant suffer Imprisonment for Three Months Distresses I. Sat. 2. W. M. Sess 1. cap. 5. After the First Day of June 1690. where any Goods or Chattels shall be distrained for Rent reserved and due upon any Demise Lease or Contract and the Tenant or Owner of the Goods shall not within Five days after such Distress and Notice thereof with the cause of such taking left at the Mansion-house or other most notorious Place of the Premisses charged with the Rent Replevy the same the Person distraining may with the Sheriff or Under-Sheriff of the County or with the Constable of the Hundred Parish or Place where c. who are hereby required to assist cause the Distress to be appraised by Two sworn Appraisers whom such Sheriff c. shall swear to Appraise them truly according to the best of their Understanding and after such Appraisement may Sell the same towards the satisfaction of the Rent and the Charges of the Distress and Appraisement leaving the Overplus if any be in the hands of the said Sheriff c. for the Owners Use II. It shall be Lawful to Distrain for Rent arrear as aforesaid any Sheaves or Cocks of Corn or Corn loose or in the Straw or Hay in any Barn or Granary or upon any Hovel Stack or Rick or otherwise and to lock up and detain the same in the Place where it shall be found till it be Replevied as aforesaid and in default thereof within the time aforesaid to Sell the same after Appraisement as aforesaid so nevertheless that it be not removed to the damage of the Owner but kept where it shall be found and seiz'd as Impounded till it be Replevied or Sold. III. Upon any Pound-breach or Rescous of Goods Distrained for Rent the Person grieved shall have a special Action upon the Case and Recover treble Damages and Costs of Suit against the Offenders or against the Owners of the Goods if they come to his Use or Possession IV. If any such Distress and Sale as aforesaid shall be made where there is no Rent due the Owner of the Goods Distrained may by Action of Trespass or upon the Case against the Persons distraining Recover double the Value of the Goods Distrained with full Costs of Suit Excise I. STat. 1. W. M. Sess 1. cap. 24. From the 24th day of July 1689. there shall be paid to Their Majesties for Three years for Beer Ale Cyder and other Liquors herein after mentioned by way of Excise over and above the Duties already Charged That is to say For every Barrel of Beer or Ale above 6 s. price 9 d. For every Barrel of Beer or Ale of 6 s. or under 3
concerning which it is otherwise provided by any Act of the last Parliament shall be paid to Their Majesties during Their Lives and the Life of the longer Liver of Them in such Manner and by such Rules and under such Penalties as are directed by the said Act and by another Act in the 15th year of the said late Kings Reign Entituled An Additional Act for the better Ordering and Collecting the Duty of Excise and preventing Abuses therein or any other Law now in force relating to the Excise XX. And whereas Their Majesties are pleased that the Duties and Impositions hereby granted shall be a Fond of Credit for the raising a Sum not exceeding 250000 l. Be it Enacted That if Their Majesties should die before the 24th day of December 1693. the said several Duties and Impositions shall continue to be paid until the said 24th day of December subject to and chargeable with the Sum to be borrow'd as aforesaid XXI Any Persons may advance Money upon the Credit of this Act not exceeding 250000 l. in the whole at Interest for Money lent before the 10th of June of 8 l. per Cent. and for Money lent after 7 l. per Cent. XXII After the 1st day of Novemb. 1690. till the said 24th day of Decemb. 1693. the Commissioners of Excise shall separate and keep apart 3 Parts the whole in 4 Parts to be divided of the moneys arising by this Act And the Auditor and Comptroller of the Excise shall keep a distinct Account of the said 3 Parts to which Persons concerned may have access without Fee and the Commissioners and Governours of the Excise shall pay the same weekly into the Exchequer every Wednesday if it be not a Holy-day and then the next day after that is not a Holy-day distinct from other moneys XXIII And there shall be provided in the Exchequer in the Office of the Auditor of the Receipts one Book in which such moneys shall be entred apart and all Persons lending money upon the Credit of this Act shall have a Tally of Loan struck and an Order for repayment bearing date with the Tally in which shall be a Warrant for payment of Interest according to the Rates aforesaid to be paid every Three Months such Orders to be registred in course without Preference and all Persons shall be paid in course as their Orders stand entred and the said money not to be divertible to any other Use or Purpose and if the Commissioners or Governours of the Excise do not pay in the said moneys as aforesaid or misapply any Part thereof they shall forfeit their Offices and be uncapable of any Office or Place of Trust and pay the full Value of the Sum misapplied to him that will sue for the same No Fee Reward or Gratuity shall be demanded or taken for providing or making any such Registers Entries View or Search in or for payment of money lent or the Interest by any of Their Majesties Officers their Clerks or Deputies on Pain of Payment of Treble Damages to the Party grieved and Costs of Suit and the Officer taking such Fee c. shall lose his Place And if any undue Preference be made in point of Registry or Payment the Party offending shall be liable by Action of Debt or of the Case to pay the value of the Debt Damages and Costs to the Party grieved and shall be forejudged his Place if an Officer If a Deputy or Clerk only he shall for ever after be uncapable thereof And in case the Auditor shall not direct the Order or the Clerk of the Pells record or the Teller make payment according to each Persons Order they shall be adjudged to forfeit and their Deputies and Clerks offending to be liable to such Action Damages and Costs as aforesaid All which Penalties and Forfeitures to be recovered by Action of Debt Bill Plaint or Information c. XXIV If several Tallies of Loan or Orders for payment bear date or be brought the same day it shall be no undue Preference which is entred first so as all be entred the same day Nor shall it be any undue Preference to direct order and pay subsequent Orders of Persons that come and demand their moneys and bring their Orders before others that do not come to demand theirs so as there be so much money left as will satisfie precedent Orders Interest upon Loan being to cease from the time that the money is kept in Bank for them XXV Moneys due by Virtue of this Act after Order entred in the Register may by Endorsement be transferr'd and the Assignee may in like manner assign in toties quoties but such Endorsement must be notified in the Office of the Auditor of the Receipt and an Entry or Memorandum made thereof in the Book of the Register for Orders XXVI Nevertheless an Act made in the 1st year of the Reign of the late K. James Entituled An Act for settling the Revenue on His Majesty for his Life which was settled on His late Majesty for his Life is hereby repealed XXVII Their Majesties by Letters Patents under the Great Seal may grant to Princess Anne of Denmark the yearly Sum of 20000 l. to be issuing out of the Duties hereby granted during Their Majesties Lives and the Life of the Survivor of them freed from the Loans by this Act to be made payable quarterly at the Four most usual Feasts XXVIII If the said Princess shall depart this life in the life-time of Their Majesties or either of them Their Majesties may grant the said yearly Sum to the Prince of Denmark and the Issue of the Princess respectively in such proportions as Their Majesties shall think fit to be paid quarterly XXIX Stat. 2 W. M. Sess 2. cap. 3. An Act for doubling the Duty of Excise upon Beer Ale and other Liquors during the space of one Year EXP. XXX Sat. 2 W. M. Sess 2. cap. 9. From the 24th day of Decemb. 1690. until the 25th day of Decemb. 1695. there shall be paid by way of Excise for Low-wines or Spirits of the first Extraction the Rates following viz. XXXI For every Gallon of Low-wines drawn from Foreign or Imported Materials 8 d. XXXII For every such Gallon drawn from English Materials other then from Drink prepared from any sort of Malted Corn or from Perry or Cyder 12 d. XXXIII For every such Gallon drawn only from Drink brewed and made or any sort of malted Corn 1 d. XXXIV And for every such Gallon drawn from Cyder or Perry 3 d. XXXV Such as make Low-wines Spirits or Brandy from Corn shall cause their Corn to be made into wholsom Drink and from such drink without any mixture shall draw their Low-wines and the Gaugers of Excise may gauge and keep an Account of Liquors Worts and Drink made for the making Low-wines c. and see that they be made from Drink made of malted Corn entirely And if Distillers or others mix other Materials the Gaugers shall charge the
Payment of Debts that shall be incurred by reason of the War LXI The Three Ships afore mentioned to be built within a year from the Twentieth Day of March next LXII Their Majesties may use any Sum or Sums not exceeding 500000 l. in the whole Granted in this Session and not particularly Appropriated so as it be Repaid and Applied to the Carrying on the present War out of such Moneys as shall arise from Their Maieslies Revenue before the 24th Day of March 1691. LXIII Stat. 3. u. M. cap. 1. An Act for Granting to Their Majesties certain Impositions upon Beer Ale and other Liquors for One Year EXP. LXIV Stat. 3. W. M. cap. 15. No Corn Distiller or Maker of Low-wines Spirits or Strong-waters for Sale shall at any Time after the 1st Day of March 1691 Set up Use or Alter any Tun Cask or other brewing Vessel for brewing or making any Worts Wash Low-wines Spirits or Strongwaters for Sale or use any private or conceal'd Ware-house or other place for laying of any Wash Low-wines c. without giving Notice thereof to the next Office of Excise within the Limits where he inhabits on Pain to Forfeit 20 l. for every Tun c. so Set up Used or Altered and for every private Ware-house c. and every other Person in whose Occupation any House or other Place shall be where any such private Tun c. shall be found shall Forfeit 20 l. one Moiety to Their Majesties and the other Moiety to the Informer LXV If any such Corn Distiller c. shall Conceal or Convey away any Low-wines Spirits c. from the Sight or View of the Gaugers he shall Forfeit for every Gallon so Conceal'd or Convey'd 5 s. All which Penalties shall be Sued for and Recovered as by an Act made in the 12th Year of the Reign of the late King Charles 2 d Entituled An Act for taking away the Court of Wards and Liveries c. and another Act made in the Fifteenth Year of his Reign Entituled An Additional Act for the better Ordering and Collecting the Duties of Excise c. or by any other Law in force Relating to the Revenue of Excise on Beer and Ale is directed LXVI Stat. 4. W. M. cap. 3. From and after the 25th Day of January 1692. there shall be paid to Their Majesties Their Heirs c. during the space of Ninety nine years for the Liquors herein after Expressed over and above all Duties now Chargeable upon the same For every Barrel of Beer or Ale above 6 s. the Barrel 9 d. For every Barrel of Beer or Ale of 6 s. or under 3 d. For every Barrel of English Vinegar 1 s. and 6 d. For every Barrel of Vinegar made with or passing through Foreign Materials or any mixture with Foreign Materials 4 s. For every Barrel of Beer Ale and Mum Imported 3 s. For every Tun of Cyder or Perry Imported 4 l. For every Gallon of Single-Brandy Imported 6 d. For every Gallon of Double Brandy 1 s. For all Cyder and Perry made and sold by Retail upon every Hogshead 1 s. and 3 d. For all Metheglin or Mead made for Sale by Retail or otherwise for every Gallon 3 d. LXVII The said Impositions to be paid to Their Majesties c. in the same Manner and Form and by such Rules and under such Penalties as are mentioned in the Act of 12 Car. 2. Entituled An Act for taking away the Court of Wards and Liveries c. and in another Act made in the same year Entituled A Grant of certain Impositions upon Beer Ale and other Liquors for the Increase of His Majesties Revenue during his Life and in another Act made in the 15th year of the same Kings Reign Entituled An Additional Act for the better Ordering and Collecting the Duty of Excise c. or by any other Law in Force relating to the Revenue of Excise LXVIII The Commissioners and Governours for the management of the Excise at the Head Office in London shall keep apart the moneys arising by the Duties hereby granted as the same shall be paid in and shall pay weekly every Wednesday if it be not a Holy-day and then the day after into the Exchequer all the said moneys distinct from the other moneys which they shall receive for Their Majesties Use LXIX There shall be kept in the Office of the Auditor of the Receipts one Book in which all the said weekly moneys shall be entred apart from other moneys LXX If the said Commissioners and Governours neglect or refuse to pay the said weekly Sums as aforesaid or misapply any of the same they shall forfeit their Offices and be incapable of any Office or Place of Trust and shall pay the full Value of any Sum or Sums so misapplied to any that will sue for the same LXXI The Sums appointed to be paid in weekly as aforesaid shall be the yearly Fond for the purposes hereafter mentioned LXXII Any persons Natives or Foreigners may contribute toward the advancing the said Sum of 1000000 l. at any time before the 1st day of May 1693. Sum or Sums and upon such Terms as are hereafter expressed viz. That out of the moneys arising by this Act the Sum of 100000 l. yearly till the 24th day of June 1700. be kept apart as the yearly Fond to be divided amongst the Persons so contributing and from and after that day 70000 l. shall be yearly kept apart as the yearly Fond to be divided as herein-after is mentioned That every Contributor shall advance 100 l. at least for which he is to name his own or some other life during which life he shall receive a Share of the said Fond as is hereafter expressed That every Contributor may advance as many Sums of 100 l. as he please for which he is to name one or more life or lives so as no more lives be named then there are distinct Hundred Pounds advanced during which life or lives he shall receive so many Shares of the said Fond as he shall have advanced Hundred Pounds all the said lives to be named within 14 days after the 24th of June 1692. That in the Office of the Auditor of the Receipts and of the Clerk of the Pells there be kept one or more Book or Books in which shall be entred the Contributors Names and the Names of those by whose hands they pay in the said moneys and the Sums paid and the time when and the Names of the Nominees To which the Contributors c. may have resort and inspect the same without Fee or Reward The Contributors and Nominees to be described by their Christian and Sirnames Additions Places of Abode c. Every Contributor shall have a Talley levied importing the Receipt of the money and an Order for payment bearing date with the Tally signed by the Commissioners of the Treasury or any three or more of them or by the Treasurer of the Exchequer which shall be valid notwithstanding the
Death or Removal of the persons signing the same and shall be irrevocable And the said yearly Funds of 100000 l. and 70000 l. in case the whole Sum of 1000000 l. shall be advanced shall be equally divided amongst the Contributors their Executors c. during the lives of the Nominees in proportion to the Sums by them advanced yearly by two half-yearly payments viz. on the 24th day of December and the 24th day of June the 1st payment to be on the 24th day of Decemb. 1693. And upon the Death of every Nominee the Share payable during his life shall be divided amongst the Contributors whose Nominees shall be living and so from time to time the whole respective Fonds shall be divided among the Contributors whose Nominees survive till there be but seven Nominees living and then upon the Death of every of the said seven Nominees a 7th part of the said yearly Fonds shall be answered to Their Majesties Their Heirs c. And in case the whole Sum of 1000000 l. shall not before the 1st of May 1693. be advanced then there shall be divided among such as shall before that day have advanced as aforesaid towards the same yearly as aforesaid so much of the said Fonds as shall bear proportion to the Sum advanced after the Rates aforesaid viz. so much only of the said Fonds as shall during the 1st 7 years to commence from the 24th day of June 1603. answer yearly the Sum of 10 l. for every 100 l. and after the said 7 years during the lives of the said Nominees and the Survivor of them the Sum of 7 l. for every 100 l. to be divided as aforesaid with like Benefit of Survivorship as if the whole Sum of 1000000 l. were advanced and paid and from and after the said 1st day of May none shall advance any money upon the Terms aforesaid LXXIII Every Contributor shall receive out of the said Fonds for all moneys by him advanced Interest at the rate of 10 l. per Cent. from the days of payment to the said 24th day of June 1693. which Interest shall be express'd in the Order appointed to be given upon payment of any such Sums LXXIV Contributors may assign or devise one or more Share or Shares of the said Fond during the lives of their Nominees and so toties quoties and no such Assignments to be revocable so as an Entry be made thereof in Books to be kept for that purpose within two Months after such Assignment or Death of the Devisor And upon producing such Assignment or Will or Probate thereof to be entred the Party producing the same shall bring an Affidavit taken before some persons authoriz'd to take Affidavits in Causes depending in any the Courts at Westminster of the due Execution of such Assignment or Will which Affidavits shall be filed LXXV Guardians or Trustees having the disposal of the money of Infants under 12 years may for the use of such Infants pay 100 l. of the Infant 's money to the purposes aforesaid and shall name the Infant to be a Nominee and such Infant shall thereupon become a Contributor and the Guardian or Trustee as to the said Sum of 100 l. is hereby discharged LXXVI Contributors upon demanding their half-yearly payments unless the Nominee appear in person shall produce a Certificate of his life sign'd by the Minister and Church-wardens of the Parish where he lives on the day when the said half-yearly payment becomes due if such Nominee be within the Realm which Certificates shall be made without Fee and filed in the Office of Receipt LXXVII And it any Nominee shall at the time of such Demand be in Scotland or beyond Sea and one of the Barons of the Exchequer shall certifie That upon Proof to him made it seems probable that the said Nominee is living such Certificate and Examination to be without Fee the said Certificate being filed shall be a sufficient Warrant for the payment of the said half-yearly Share to the Contributors LXXVIII If any entituled to receive any half-yearly payment shall not demand the same till within 20 days that the next half-yearly payment become due such half-yearly payment shall be divided amongst the rest of the Contributors but following half-yearly payments shall be saved to him if demanded in due time LXXIX In the Office of the Auditor of the Receipt every half year before the respective days of payment there shall be made up an Account of the Nominees whose Deaths are known and of the Contributors who have made default in making demand that the rest may have the Advantage thereof LXXX If any Person shall receive any half-yearly payments after the Death of his Nominee any Contributor may require the same to be repaid into the Exchequer for the Benefit of the rest And in case of Neglect or Refusal to pay the same within a Month after such Demand the Person neglecting shall forfeit treble the Sum received to be recovered by Action of Debt in the Name of such Contributor who shall make the Demand LXXXI All things directed by this Act to be performed in the Exchequer shall be done without Fee Gratuity or Reward and if any Officer of the Exchequer demand any Fee or misapply any of the said weekly Sums or shall not keep Books and Registers and make Entries and perform other things which by the Act they are required to perform they shall forfeit their Offices and be incapable of any Office or Place of Trust and pay treble Damages with Costs of Suit to every Contributor to be recovered by Action of Debt Bill Plaint c. and the Plaintiff in such Action upon Recovery shall have his full Costs one third part of the Sum recovered to be paid into the Exchequer for the benefit of the Contributors and two Thirds to be to the Use of the Prosecutor And in case of Collusion or faint Prosecution any other Contributor may bring another Action wherein he shall recover as aforesaid to the Uses aforesaid LXXXII If any Officer make payment of any Share upon such Certificate as is here directed he shall incur no Penalty nor be liable to any Action though the Certificate be false or the Nominee be dead unless such Officer knew it LXXXIII Contributors within a Month after Notice of the Death of their Nominees shall certifie the same to the Auditor of the Receipt and within 3 Months after such Notice shall deliver up their Tallies and Orders if they be in their Hands and Power and in Default thereof shall forfeit 10 l. to the use of the Prosecutor LXXXIV And if the whole Sum of 1000000 l. be not advanced before the 24th day of June 1693. Their Majesties may borrow by way of Loan any Sum or Sums which together with what shall have been advanced before the 24th of June on the Terms aforesaid or upon the Terms herein after mentioned shall not exceed the Sum of 1000000 l. which Sums taken up by way of Loan
shall be charged upon the Credit of the Exchequer in General and Tallies of Loan and Orders of Repayment levied which Orders shall be assignable LXXXV All Sums of Money so to be borrowed with Interest for the same not exceeding 7 l. per Cent. or so much thereof as shall not be repaid out of the Money that shall be advanced upon the Terms herein mentioned at or after the 24th day of June 1693. and before the 29th of September following all which Moneys to be advanced between the said 24th of June and 29th of September shall be appropriated for the discharging the Loans made upon this Act shall be satisfied to the Lenders out of any of the next Aids to be granted in Parliament and shall be transferrable as soon as such Aid shall be granted And in case no Aid be granted before the 2d of February 1693. the said Sums shall be satisfied out of any of Their Majesties Treasure not already appropriated by Act of Parliament LXXXVI And if the Sum of 500000 l. part of the said Sum of 1000000 l. be not advanced before the 1st of May 1693. Their Majesties may borrow upon Interest as aforesaid any Sum not exceeding 500000 l. to be paid out of such Moneys as shall be advanced upon this Act between the said 1st day of May and the said 29th day of September in case the Money so advanced be sufficient or otherwise so much thereof as the same shall extend to pay and the residue of the said Sum of 500000 l. shall be reckoned as part of the said Sum before directed to be paid out of the next Aids to be granted in Parliament LXXXVII If the whole Sum of 1000000 l. be not advanced before the said 1st day of May any persons after that day and before the 29th of September next following may advance any Sums not exceeding in the whole with what shall have been advanced before the said 1st day of May the Sum of 1000000 l. upon the Terms following viz. That every such Person out of the Duties arising by this Act shall have for every 100 l. a yearly Annuity of 14 l. for his own or any other Life to be by him nominated as aforesaid within 6 days after Payment which Annuities shall commence from the 29th of September 1693. and be paid at the Four most usual Feasts in the year And upon Payment of any such Sums the Persons paying the same shall have one or more Tallies importing the Receipt thereof and Orders for Payment c. to be sign'd as aforesaid and not to be revocable and to be assignable And the Moneys arising by the Duties hereby granted besides so much as shall bear proportion as aforesaid to the Sum which shall be advanced before the 1st day of May 1693. shall be appropriated to the Payment of the said Annuities and not be diverted under the like Penalties as are before appointed in case of misapplying c. The said Officers shall keep Books and make Entries of their Names who shall advance Money after the said 1st day of May and of the Sums advanced and the times of paying in and the Names of the Nominees without Reward to which Books all Persons concern'd shall have access under the Penalties and Disabilities aforesaid and they that shall advance any Sum after the said 1st of May shall have Interest for it till the 29th of Septem 1693. at the rate of 10 l. per Cent. LXXXVIII If any Contributor who shall have advanced any Sum before the said 1st of May shall before the said 29th of September be desirous in lieu of his Share in the Fonds to have an Annuity of 14 l. a year for any Sum of 100 l. by him advanced during the Life of his Nominee a Memorial thereof shall be entred in a Book for that purpose to be kept in the Receipt and the said Entry being sign'd by such Contributor he shall receive such Annuity as if the Moneys by him advanced had been paid in after the 1st day of May And such Contributors Share in the Fonds shall determine for Their Majesties Benefit LXXXIX The Surplus of any Money arising by this Act after the several Proportions of the Fonds and the Annuities and Interest paid shall be to the Use of Their Majesties XC No Moneys lent or payable by Virtue of this Act shall be charged with any Impositions whatsoever XCI Grants or Dispositions of any Money arising by this Act to be made by Their Majesties Their Heirs c. otherwise then by this Act is appointed shall be null and void Frauds I. STat. 3 4 W. M. cap. 14. All Wills concerning Lands or any Rents Profits Term or Charge out of the same whereof the Devisors shall be seiz'd in Fee-simple in Possession Reversion or Remainder or have power to dispose thereof after the 25th day of March 1692. shall be deemed only as against Creditors upon Bonds or other Specialties their Executors c. to be fraudulent and void II. And such Creditors shall have their Actions of Debt against the Heirs at Law and such Devisees joyntly and such Devisees shall be chargeable for a false Plea as any Heir should have been III. Where there shall have been any Devises of Lands for Payment of just Debts or Childrens Portions other then the Heir at Law in pursuance of any Marriage Agreement made in Writing bona fide before such Marriage they shall be in force IV. Where any Heir at Law shall be liable to pay the Debt of his Ancestor in regard of any Lands descending to him and shall make over the same before any Action brought such Heir shall be answerable for such Debts to the Value of the Land made over in which Cases all Creditors shall be preferred as in Actions against Executors and Administrators and Execution upon any Judgment so obtained shall be taken out against such Heir to the Value of the Land as if they were his own Debts saving that Lands bona fide aliened before the Action brought shall not be liable to such Execution V. Where any Action of Debt upon a Specialty is brought against an Heir he may Plead Riens per discent at the time of the Original Writ brought and the Plaintiff may Reply that he had Lands from his Ancestor before the Original Writ brought and if upon Issue joyn'd thereon it be found for the Plaintiff the Jury shall enquire of the Value of the Lands descended and thereupon Judgment shall be given and Execution awarded as aforesaid but if Judgment be given against such Heir by Confession without Confessing the Assets descended or upon demurier or nihil dicit it shall be for the Debt and Damages without any Writ to enquire of the Lands VI. Devisees made liable by this Act shall be Chargeable as the Heir at Law by force of this Act though the Lands Devised be Aliened before the Action brought VII This Act to continue for Three Years and to the End of the then
required to make upon the Information of One Credible Witness upon Oath the Moiety of such Forfeiture to the Informer the other to go towards the Repairing of the High-ways and in such case the Justices shall nominate some other fit Persons to perform the Office who shall upon like notice take upon them the Office under the same Penalty And Constables Headboroughs c. or some of them who shall not return such Lists of Names every one of them so neglecting shall forfeit 20 s. to be levied in the manner and imployed to the Uses aforesaid III. No Persons shall lay in any High-way not 20 Foot broad any matter whereby the same may be obstructed or annoyed on pain to forfeit 5 s. to be levied and disposed as aforesaid IV. If any Timber Stone Hay Straw Stubble or other Matter for making Dung or on any other Pre●ence shall be laid in any such High-way the Possessors of the Lands next adjoyning shall remove and dispose of the same to their own Use And if they neglect to clear the way or to cleanse their Ditches c. adjoyning thereunto or to cause the earth taken thereout to be carried away and to lay sufficient Trunks or Bridges where there are Cart-ways into the said Grounds by the space of Ten days after notice given by any of the Surveyors they shall sorfeit 5 s. for every such Offence to be levied and disposed as aforesaid V. No tree Bush or Shrub shall be permitted to grow in any High way not 20 Foot-broad but shall be cut down by the Owner of the Land where it stands within Ten days after notice given by any of the Surveyors on pain to forfeit 5 s. to be levied and disposed as aforesaid VI. The Possessors of Lands adjoyning to High-ways not 20 Foot broad shall keep their Hedges pruned right up from the Roots VII Surveyors appointed as aforesaid shall within Fourteen days after their Acceptance of this Office and so from time to time every Four Months view the Roads Water-courses Bridges Cawseys c. within the Parish c. where he is a Surveyor that are to be repair'd by the Parish c. and present upon Oath in what Condition they find them to some Justice of Peace or to incur the same Penalty as if they had refused to execute the Office unless they have some reasonable Excuse to be allowed of by Two Justices of the Peace And what Defaults they shall find they shall the next Sunday after Sermon ended give publick notice of in the Parish-Church and if the same be not amended within Thirty days after such Surveyors shall within Thirty days amend the same and dispose of the Annoyances for the Repair of the High-ways and shall be reimbursed their Charges by the party who should have done the same And in case of refusal by the Party to pay such Charges the Surveyors shall apply themselves to a Justice of Peace and upon Oath before him made of notice to the Defaulter given as aforesaid the Surveyors shall be repaid such Charges as the Justice of Peace shall think reasonable to be levied as aforesaid VIII The Justices of Peace shall once in Four Months hold a Special Sessions and summon thereunto all the Surveyors of the High-ways and declare to them what they are obliged to do by Virtue of this or any former Act After which the Surveyors shall make a Presentment to them upon Oath of the state of the High-ways within their respective Parishes c. and what Offences and Neglects any are guilty of And before any Surveyor be discharged of his Office he shall at some such Special Sessions give an Account upon Oath of all Money that has come to his hands which ought to be imployed in amending the High-ways and how it has been disposed and if any remain in his hands he shall deliver it to the next Surveyors or in case of Failure shall forfeit double the Value to be levied and disposed as aforesaid IX Surveyors neglecting their Duty in any thing required by this Act shall forseit for every Ofence 40 s. to be levied and disposed as aforesaid X. If any Justice of Peace shall neglect or refuse to do what this Act requires he shall forfeit 5 l. one Moiety to the Prosecutor the other to be imployed for the Amendment of the High-ways where the Person who sues shall inhabit to be recovered in any of Their Majesties Courts of Record by Action of Debt c. XI Surveyors of the High-ways where the Ditches and Drains already made are not sufficient to carry off the water may make new ones through the Lands adjoyning and keep them open and come upon the Grounds with Workmen for so doing XII Upon notice given by the Surveyors to the Justices at their Special Sessions and Oath made of what Sums they have expended in Repairing the High-ways the Justices or any Two of them may by Warrant cause an equal Rate to be made to reimburse them where they are forced to lay out their Money according to the Methods prescribed in an Act made the 43 of Eliz. Entituled An Act for the better Relief of the Poor of this Ringdom and if any refuse to pay what shall be assessed on him the Surveyors shall levy the same by Distress or Sale of Goods XIII No Fine Issue Penalty or Forfeiture for not amending High-ways shall be returned into the Exchequer or other Court but shall be levied into the hands of the Surveyors to be applied towards the Amendment of such High-ways And if any such Fine c. imposed on any Parish c. for not repairing the High-ways shall be levied on one or more of the Inhabitants upon Complaint to the Justices of the Peace at their Special Sessions they or any two of them may by Warrant cause a Rate to be made to reimburse them which the Surveyors shall levy and pay within a Month after the making thereof XIV The Surveyors shall make every Cart-way leading to any Market-Town Eight Foot wide at least and as near as may be level XV. Inhabitants within the Weekly Bills of Mortality Brewers Scavengers and others imployed in carrying away the Dirt and Soil of the Streets c. may use any Cart Carr or Dray with Wheels shod with Iron and narrower then 6 Inches in the Fellies and drawn with more then Two Horses any Act Law or Usage to the contrary notwithstanding XVI Where the Justices of Peace at their General Quarter-Sessions shall be satisfied that the High-ways c. cannot be sufficiently amended without the help of this Act Assessments upon Persons usually rateable to the Poor shall be made and levied by such Persons and in such manner as the Justices at such Sessions shall direct and appoint the Money to be raised to be imployed according to their Orders for repairing the High-ways c. The said Assessments if not paid within Ten days after Demand to be levied by Distress and Sale of Goods rendring the
or receiving any Pay Salary Fee or Wages as aforesaid or being Master Governor c. and others aforesaid neglecting so to do shall be ipso facto adjudged incapable to enjoy any such Office Pay Salary Fee or Wages Mastership Governors Place Headship Fellowship Employment or any Matter aforesaid of Profit appertaining thereunto and such Office and Place shall be adjudged void X. Barristers at Law Attornies Clerks and Officers in Chancery and other Courts and their Deputies or that shall Practise as such in Ireland after the last day of Hillary-Term next shall take the said Oaths and make and subscribe the said Declaration in the Kings Bench at Dublin before they be admitted to exercise any Place or Office or to Practise or Plead in any Court and all Persons that after the first day of March next shall be admitted into any Office or Employment or come into any Capacity by reason of which they should have been obliged to take the said abrogated Oaths shall take the said Oaths and make and subscribe the Declaration hereby appointed at such times and before such Persons as they ought to have taken the said former Oath by virtue of the said Act. XI No Person that is or shall be a Peer of Ireland shall Vote or make his Proxy in the House of Peers or sit there during any Debate nor shall any Member of the House of Commons vote or sit there during any Debate after the Speaker is chosen unless he first take the said Oaths and make subscribe and repeat this Declaration viz. I A. B. do solemnly and sincerely in the presence of God profess testifie and declare That I do believe that in the Sacrament of the Lords Supper there is not any Transubstantiation of the Elements of Bread and Wine into the Body and Blood of Christ at or after the Consecration thereof by any Person whatsoever and that the Invocation or Adoration of the Virgin Mary or any other Saint and the Sacrifice of the Mass as they are now used in the Church of Rome are Superstitious and Idolatrous And I do solemnly in the presence of God profess testifie and declare That I do make this Declaration and every part thereof in the plain and ordinary sense of the Words read unto me as they are commonly understood by Protestants without any Evasion Equivocation or mental Reservation whatsoever and without any Dispensation already granted me for this purpose from the Pope or any other Authority or Person whatsoever or without Dispensation from any Person or Authority whatsoever or without believing that I am or can be acquitted before God or Man or absolved of this Declaration or any part thereof although the Pope or any other Person or Persons or Power whatsoever should dispense with or annul the same or declare that it was null and void from the beginning XII Which said Oaths and Declaration shall in the next and every Parliament in Ireland be made and subscribed between 9 in the Morning and 4 in the Afternoon by the Peers at the Table in the middle of the House before they take their Place and whilst a full House is present and their Speaker in his Place and by the Members of the House of Commons at the Table in the middle of their House when a full House is sitting with their Speaker in his Chair in such method as each House is called over during which time all Business to cease and the Clerks are to Record the same taking of every Member of each House 1 s. XIII Peers and Members of the House of Commons Barristers at Law Attornies Clerks or Officers in Chancery or other Courts and Deputies in any Office offending contrary to this Act shall be disabled to hold any Office or Place of Profit or Trust Ecclesiastical Civil or Military there or here or in any of their Majesties Islands or Plantations and shall be disabled to sit in Parliament or make a Proxy or to sue at Law or in Equity or to be Guardian or Executor or Administrator or to take a Legacy or Deed or Gift and shall forfeit 500 l. to be recovered by them that will sue for the same XIV The Oaths required to be taken by this Act are these viz. 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 that damnable Doctrin and Position That Princes excommunicated and deprived by the Pope or any Authority of the See of Rome may be deposed or murthered by their Subjects or any other whatsoever And I do declare That no Foreign Prince Person Prelate State or Potentate hath or ought to have any Jurisdiction Power Superiority Preheminence or Authority Ecclesiastical or Spiritual within this Realm So help me God XV. This Act shall not extend to any now Chaplain Secretary or Attendant to any of their Majesties Ambassadors Envoys or Ministers in any foreign Courts or Preacher to any English Factory or to any Chaplains in their Majesties Service by Sea or Land out of Ireland so as they take the said Oaths and make and subscribe the said Declaration within three months after their return nor to any Protestant now in Office or Place of Trust or Profit out of Ireland or England who shall return into Ireland and take the same before the 25th of December 1692. in the Kings Bench there the next Term after their arrival there XVI Archbishops and Bishops of Ireland and others having any Ecclesiastical Office or Promotion or being a Lecturer or Curate there that shall be in England the first day of Hillary-Term 1691. shall take the said Oaths and make and subscribe the said Declaration before the end of the said Term in the Chancery or Court of Kings Bench here and again before the 25th day of July 1692. in the Chancery or Court of Kings Bench there as aforesaid and if they neglect or refuse so to do they shall be ipso facto deprived and become incapable to be Lecturers or Curates any where and all other the Persons above mentioned who shall be here on the first day of the said Hillary-Term shall take the said Oaths and make and subscribe the said Declaration in Chancery or the Kings Bench in England or elsewhere shall be adjudged ipso facto incapable and disabled to hold and enjoy such Office pay c. Imployment or any part of them which taking the said Oaths c. in England shall be as effectual as if they had taken the same in Ireland XVII This Act shall not extend to disable any Persons who on the third of October 1691. were residing in Lymerick or in any Garrison then in the possession of the Irish or any Officers or Souldiers then in Arms by virtue of any Commission from the late King James or any commissioned Officers then in their
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.
of Abode by any Person authorized in that behalf by Warrant under the Hands and Seals of the said two Justices such Person shall be liable to all the Penalties Forfeitures and Disabilities herein after mentioned VII The said Justices of the Peace shall certifie the Name Sirname and usual Place of Abode of Persons so refusing or neglecting and of all who shall make and subscribe the said Declaration at the next General Quarter-Sessions to be holden for the Shire Riding c. for which they shall be Justices to be there Recorded c. VIII No Papist or reputed Papist so refusing or making default shall keep in his House or elsewhere at his disposition any Arms Weapons Gun-powder or Ammunition other than such as shall be allowed him by order of a General Quarter-Sessions for the defence of his House and Person and any two or more Justices of the Peace may from time to time by Warrant under their Hands and Seals authorize Persons in the day-time with the assistance of the Constable or his Deputy Tythingman or Headborough to search for Arms c. in the House Custody or Possession of any such Papist or reputed Papist and seize the same for their Majesties use and shall at the next General Quarter-Sessions deliver them in open Court for the use aforesaid IX Every Papist or reputed Papist who shall not within ten days after such refusal or making default as aforesaid discover and deliver to some Justice of the Peace all Arms Weapons Gun-powder or Ammunition whatsoever which shall have in his House or elsewhere or shall hinder any Persons authorized to search as aforesaid to search and seize the same shall be committed to the Common Gaol by Warrant of any two Justices of Peace for three months without Bail or Mainprize and shall forfeit the said Arms and pay treble the value of them to the Kings use to be appraised by the Justices of Peace at their next General Quarter-Sessions X. Persons concealing or privy to the concealing of such Arms or that shall hinder any Persons authorized as aforesaid in searching for and seizing the same shall be committed to the Common Gaol by Warrant as aforesaid for three months without Bail or Mainprize and shall forfeit the treble value of the said Arms to their Majesties c. XI If any Persons shall discover any concealed Arms c. belonging to any refusing or making default as aforesaid so as the same may be seized the Justices of Peace upon delivery of the same at the General Quarter-Sessions shall allow as a Reward for such discovery the full value of the Arms c. so discovered the Sum to be by the said Justices of Peace at their Sessions and to be levied by distress and sale of the Offenders Goods rendring the overplus above the Sum assessed and the Charges of the Distress to the Owner XII Persons having refused or made default as aforesaid who shall afterward in open Court at the General Quarter-Sessions where their refusing or making default shall be certified make and subscribe the said Declaration and take the Oaths contained in an Act made in this Parliament Entituled An Act for removing and preventing all Questions and Disputes concerning the assembling and sitting of this present Parliament shall from thenceforth be discharged of and from all Disabilities and Forfeitures which for the future they might be liable to for such refusal or default XIII No Papist or reputed Papist so refusing or making default shall after the 15th of May 1689. keep in his possession or to his use any Horse or Horses above the value of 5 l. to be sold and any two Justices of the Peace may from time to time by Warrant as aforesaid and with the assistance aforesaid authorize any Persons to search for and seize such Horses as aforesaid to their Majesties XIV Persons concealing or aiding in the concealing any such Horses shall be committed by Warrant as aforesaid for three months without Bail or Mainprize and shall forfeit treble the value of such Horses to be settled as aforesaid XV. Stat. 1 W. M. Sess 1. cap. 17. Whereas in an Act of this Parliament Entituled An Act for the amoving Papists and reputed Papists from the Cities of London and Westminster c. the County of Sussex is by mistake inserted for the County of Essex Be it enacted That the Powers and Authorities by the said Act given to the Justices of the Peace of the County of Sussex be extended to the County of Essex and the Justices of Peace of the said County of Essex XVI Stat. 1 W. M. Sess 1. cap. 26. Persons refusing or neglecting to repeat and subscribe the Declaration mentioned in one Act of this present Parliament Entituled An Act for the better securing the Government by disarming Papists and reputed Papists when tendred by two or more Justices of the Peace or forbearing to appear before them upon notice given as the said Act directs and shall thereupon have their Names and Places of Abode certified and recorded at the General Quarter-Sessions as by the said Act is appointed shall be disabled to make any Presentation Collation Nomination or Donation or grant of any avoidance of any Benefice or Ecclesiastical Living as if such Person were a Popish Recusant convict and the Chancellors and Scholars of the two Universities respectively shall have the Presentation Nomination c. of and to every such Benefice c. being within their respective Counties Cities and other the Places and Limits mentioned in the Act of the third of King James I. Entituled An Act to prevent and avoid Dangers which may grow by Popish Recusants as in and by the said Act is directed and appointed XVII Persons seiz'd or possess'd of any Advowson right of Presentation Collation c. to any such Ecclesiastical Living Free-School or Hospital in trust for any Papist or Popish Recusant convicted or disabled according to the intent of the said Act of 1 Jac. 1. or of this Act shall likewise be disabled to present nominate or collate to any such Ecclesiastical Living c. or to grant any avoidance thereof and the Chancellors and Scholars of the Universities respectively shall have such Presentations c. as they should have in case such Recusant convict or disabled were seiz'd or possess'd thereof and if any Trustee Mortgagee or Grantee of any avoidance hereafter present c. or cause to be presented c. any Person to any such Living Free-School c. whereof the Trust shall be for a Recusant convict or disabled without giving notice in Writing to the Vice-Chancellor of the University to whom such Presentation c. shall belong according to the intent of this Act within three months after the avoidance he shall forfeit 500 l. to the respective Chancellors and Scholars of either University to be recovered by Action of Debt Bill Plaint or Information c. XVIII Provided that the said Chancellor and Scholars shall not present or
Exchequer and their Sureties and all Recognizances and Conditions for the payment of Mony XXV This Act shall not discharge any Recognizance c. not yet forfeited nor any forfeited Recognizanc c. whereof the Farmers of the Excise or any part of the Revenue ought to receive benefit nor any Debt due by Recognizance c. to any Persons endebted to their Majesties which hath been seiz'd in Aid nor any Debt whereupon any enstalment or seizure hath been made upon which any thing is or since the 25th of March hath been answered and paid nor to discharge any Forfeitures or Sums of Mony due to their Majesties by any Statute which Forfeitures c. since the said 25th of March are converted into the nature of a Debt or have been install'd or any seizure made for them upon which any thing has been paid since the said 25th of March. XXVI But all Recognizances c. forfeited since the said 25th of March for non-payment in any Court or other place or not keeping the Peace or not being of the Good Behaviour are discharged except Recognizances granted to or in trust for the Lord Almoner XXVII And except all Issues Fines and Amerciaments lost or assessed since the said 25th day of March being totted or received by any Officer before the last day of this Session of Parliament and all Issues c. lost or assess'd since the said 25th day of March affeered taxed estreated or entred severally touching any one or more Persons joyntly or severally above 6 l. and except Issues Fines c. set in any Court of Record at Westminster within a year before the first day of this Parliament XXVIII But all other Fines as well pro lic concord as others set or entred before that time and Issues and Amerciaments as well real as others set or entred before the time aforesaid and which do not exceed 6 l. whether estreated or not estreated whether turn'd into Debt or not and not being totted or received by any Officer before the first day of this Parliament shall be discharged yet nevertheless the estreats of such Fines c. already estreated out of the Exchequer and remaining in the Sheriffs Hands shall upon the return of such Estreats be charged and delivered by Scrowes into the Pipe-Office as hath been accustomed and yet Sheriffs and other Accountants upon Petition to have allowance for such Fines c. as are pardoned shall have their Petition allowed without Fee XXIX This Act shall not pardon any who by Name are excepted out of the Act of Oblivion made 12 Car. 2. nor to those two Persons who appeared in Vizors upon the Scaffold when King Charles I. was murther'd XXX Nor shall this Act restore any Ability to exercise Offices or to serve in Parliament c. to persons disabled by any other Laws XXXI Nor shall this Act discharge any person who if he after the first day of September 1660. has exercised any Office is by the said Act of 12 Car. 2. to stand as if excepted out of the said Act by Name XXXII And except all persons attainted by Act of Parliament or otherwise for any Rebellion levying of War or any Conspiracy thereof in any of their Majesties Dominions and all persons attainted or outlawed for any other Treason Petit Treason Murder wilful Poysoning or Burglary XXXIII And except all persons who by any former Act are by Name made liable to any penalties whatsoever XXXIV And except persons who after conviction or attainder for any Felony have desired to be transported XXXV And except persons who being excepted out of the said general Act of 12 Car. 2. have had any pains or penalties imposed on them by any subsequent Act. XXXVI And except all penalties of 500 l. which shall by any Act of this Session be inflicted for holding Offices contrary to an Act of Parliament made in the 25th of King Charles II. Entituled An Act for preventing Dangers which may happen from Popish Recusants XXXVII And except William Marquiss of Powis Theophilus Earl of Huntington Robert Earl of Sunderland John Earl of Melfort Roger Earl of Castlemain the Lord Thomas Howard Nathaniel Lord Bishop of Durham Thomas Lord Bishop of St. Davids Henry Lord Dover William Molineux Sir Edward Hales Sir Edward Herbert Sir Francis Wythens Sir Richard Holloway Sir Edward Lutwich Sir Richard Heath Sir Thomas Jenner Sir Roger l'Estrange Sir Nicholas Butler Edward Petre Thomas Tindesley Townly Rowland Tempest Edward Morgan Obadiah Walker Robert Brent Richard Graham Philip Burton Robert Lundy Matthew Crone and George Lord Jefferies deceased XXXVIII And also except all Offences committed by Jesuits and Romish Priests contrary to the Statute made in the 27th year of Queen Elizabeth Entituled An Act against Jesuits Seminary Priests and other disobedient Persons and except all Convictions of Popish Recusants XXXIX No Process of Outlawry at the Suit of any person Plaintiff shall by virtue of this Act be stay'd unless the Defendant appear and put in Bail where the Law requires it and take out a Seirs Fac Nor shall this Pardon discharge any Outlawry after Judgment till satisfaction or agreement with the party XL. Persons hereby pardoned may plead the Ceneral Issue and give this Act in Evidence XLI This Act shall be of as good force to pardon and discharge the Premisses against such as claim the same by any Grant from the Crown as against their Majesties themselves XLII Nothing in this Act shall discharge any person from abetting or procuring the raising War or Rebellion against their Majesties or adhering to their Enemies since the 13th day of February 1688. unless such person shall before the 20th day of July next or sooner if required take this Oath in such Court as shall have power to administer the same viz. 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 Parliament I. Stat. 1 W. M. Sess 1. cap. 1. The Lords Spiritual and Temporal and Commons conven'd at Westminster the 22th day of January 1688. and there sitting on the 13th day of February following are the two Houses of Parliament to all intents and purposes notwithstanding the want of any Writs of Summons or other defect of Form and this Act and all other Acts to which the Royal Assent shall be given before the next Prorogation shall be adjudged to commence upon the said 13th day of February II. The Act made in the 30th year of King Charles II. Entituled An Act for the more effectual preserving the Kings Person and Government by disabling of Papists from sitting in either House of Parliament and all other Acts of Parliament as to so much of them as concerns the taking the Oaths of Allegiance and Supremacy or either of them by any Member of either House of Parliament with relation to their sitting and voting there are hereby repealed III. And the taking the Oaths herein after
the two Houses of Parliament should continue to sit and with their Majesties Royal Concurrence make effectual Provision for the Settlement of the Religion Laws and Liberties of this Kingdom so that the same for the future might not be in danger again of being subverted to which the said Lords Spiritual and Temporal and Commons did agree and proceed to act accordingly Now in pursuance of the Premisses the said Lords Spiritual and Temporal and Commons in Parliament assembled for the ratifying confirming and establishing the said Declaration and the Articles Cla●ses Matters and Things therein contained by the force of a Law made in due form by Authority of Parliament do pray that it may be declared and enacted That all and singular the Rights and Liberties asserted and claimed in the said Declaration are the true ancient and indubitable Rights and Liberties of the People of this Kingdom and so shall be esteemed allowed adjudged deemed and taken to be and that all and every the particulars aforesaid shall be firmly and strictly holden and observed as they are expressed in the said Declaration and all Officers and Ministers whatsoever shall serve their Majesties and their Successors according to the same in all Times to come And the said Lords Spiritual and Temporal and Commons seriously considering how it hath pleased Almighty God in his marvellous Providence and merciful Goodness to this Nation to provide and preserve their said Majesties Royal Persons most happily to Reign over us upon the Throne of their Ancestors for which they render unto him from the bottom of their Hearts their humblest Thanks and Praises do truly firmly assuredly and in the sincerity of their Hearts think and do hereby recognize acknowledge and declare That King James II. having abdicated the Government and their Majesties having accepted the Crown and Royal Dignity as aforesaid their said Majesties did become were are and of Right ought to be by the Laws of this Realm our Soveraign Liege Lord and Lady King and Queen of England France and Ireland and the Dominions thereunto belonging in and to whose Princely Persons the Royal State Crown and Dignity of the said Realms with all Honours Stiles Titles Regalities Prerogatives Powers Jurisdictions and Authorities to the same belonging and appertaining are most fully rightfully and intirely invested and incorporated united and annexed And for preventing all Questions and Divisions in this Realm by reason of any pretended Titles to the Crown and for preserving a certainty in the Succession thereof in and upon which the Unity Peace Tranquility and Safety of this Nation doth under God wholly consist and depend The said Lords Spiritual and Temporal and Commons do beseech their Majesties that it may be enacted established and declared That the Crown and Regal Government of the said Kingdoms and Dominions with all and singular the Premisses thereunto belonging and appertaining shall be and continue to their said Majesties and the Survivor of them during their Lives and the Life of the Survivor of them and that the entire perfect and full exercise of the Regal Power and Government be only in and executed by his Majesty in the Names of both their Majesties during their joynt Lives and after their deceases the said Crown and Premisses shall be and remain to the Heirs of the Body of her Majesty and for default of such Issue to Her Royal Highness the Princess ANNE of Denmark and the Heirs of her Body and for default of such Issue to the Heirs of the Body of his said Majesty and thereunto the said Lords Spiritual and Temporal and Commons do in the Name of all the People aforesaid most humbly and faithfully submit themselves their Heirs and Posterities for ever and do faithfully promise That they will stand to maintain and defend their said Majesties and also the Limitation and Succession of the Crown herein specified and contained to the utmost of their Powers with their Lives and Estates against all Persons whatsoever that shall attempt any thing to the contrary And whereas it hath been found by Experience that it is inconsistent with the safety and welfare of this Protestant Kingdom to be governed by a Popish Prince or by any King or Queen marrying a Papist the said Lords Spiritual and Temporal and Commons do farther pray that it may be enacted That all and every Person and Persons that is are or shall be reconciled to or shall hold Communion with the See or Church of Rome or shall Profess the Popish Religion or shall Marry a Papist shall be excluded and be for ever uncapable to inherit possess or enjoy the Crown and Government of this Realm and Ireland and the Dominions thereunto belonging or any part of the same or to have use or exercise any Regal Power Authority or Jurisdiction within the same and in all and every such Case or Cases the People of these Realms shall be and are hereby absolved of their Allegiance and the said Crown and Government shall from time to time descend to and be enjoyed by such Person or Persons being Protestants as should have inherited and enjoyed the same in case the said Person or Persons so reconciled holding Communion or Professing or Marrying as aforesaid were naturally dead And that every King and Queen of this Realm who at any time hereafter shall come to and succeed in the Imperial Crown of this Kingdom shall on the first day of the meeting of the first Parliament next after His or Her coming to the Crown sitting in His or Her Throne in the House of Peers in the presence of the Lords and Commons therein assembled or at His or Her Coronation before such Person or Persons who shall administer the Coronation Oath to Him or Her at the time of His or Her taking the said Oath which shall first happen make subscribe and audibly repeat the Declaration mentioned in the Statute made in the thirteenth year of the Reign of King Charles II. Entituled An Act for the more effectual preserving the Kings Person and Government by disabling Papists from sitting in either House of Parliament But if it shall happen that if such King or Queen upon His or Her Succession to the Crown of this Realm shall be under the Age of twelve years then every such King or Queen shall make subscribe and audibly repeat the said Declaration at His or Her Coronation or the first day of the meeting of the first Parliament as aforesaid which shall first happen after such King or Queen shall have attained the said age of twelve years All which their Majesties are contented and pleased shall be declared enacted and established by Authority of this present Parliament and shall stand remain and be the Law of this Realm for ever and the same are by their said Majesties by and with the advice and consent of the Lords Spiritual and Temporal and Commons in Parliament assembled and by the Authority of the same declared enacted and established accordingly And be it
Subsistence due to any Officer or Souldier shall by any accident not be paid or such Officer or Souldier shall neglect to pay the same so the Quarters cannot be paid as this Act directs and where any Souldiers shall be upon their March so as no Subsistence can be remitted them every such Officer before departure out of his Quarters where such Regiment c. shall remain for any time whatsoever shall make up the Account as this Act directs with those with whom they have quartered before he leave that Quarter and give the said Certificate to the Person to whom such Mony is due with the Name of such Regiment c. to be transmitted to the Pay-master who shall make payment thereof to the end the same may be applied to such Regiment c. under pain as is before directed for non-payment of Quarters XXV No Commistary shall muster any Forces within westminster or Southwark and Liberties thereof but in the presence of two Justices of Peace not being Officers in the Army under the afore-mentioned penalty XXVI This Act shall extend to Jersey and Gernesey as to mustering and paying XXVII Cloaths Arms and Accoutrements of War belonging to Horse Foot and Dragoons who receive English pay shall be bought in England Wales or Barwick and Officers offending therein shall be cashiered XXVIII The Commissary General of the Musters or his Deputies shall upon every Muster close the Muster-Rolls upon the place the same the Muster is taken and return one of the Rolls in Parchment to the Pay-master General the next day after if in London or within twenty miles distance and if at a farther distance by the next Post on pain of losing their Imployments XXIX Justices of Peace required by Order of his or her Majesty shewn to them by any Officer of the Regiment c. then marching shall issue out their Warrants to the Constables c. to make such provision of Carriages as is mentioned in the Warrant allowing sufficient time that the Neighbouring Parts may not always bear the Burthen and the Officer demanding such Carriages shall pay to the Constable to whom the Warrant is directed 8 d. for every mile any Waggon with 5 Horses shall travel loaden and 8 d. for every mile any Waggon with 6 Oxen or 4 Oxen and 2 Horses shall trevel loaden and 6 d. a Mile for a Cart with 4 Horses and so in proportion and if any Officer shall constrain any Carriage to travel more than one days Journy or not discharge them in due time for their return or shall suffer his Souldiers or Servants except sick and wounded or any Women to ride in such Carriage or shall force any Constables c. by Threats to provide Saddle-horses or shall force Horses from the Owners he shall forfeit 5 l. for every such Offence proof thereof being made upon Oath before two Justices of Peace who are to certifie the same to the Pay-master General who shall pay the said Sum of 5 l. according to the appointment of such Justices and deduct it out of such Officers Pay XXX If any Officer Military or Civil hereby authorized to quarter Souldiers shall quarter the Wives Children or Maid-servants of Officers or Souldiers in any House against the Owners consent the Offender if any Officer or Souldier of the Army shall upon proof thereof made to the Commander in Chief of the Army or the Judge Advocate be cashier'd if a Civil Officer he shall forfeit 20 s. to the Party grieved upon proof made to the next Justice of Peace to be levied by distress and sale of Goods rendring the overplus XXXI If any Officer or Souldier shall without leave of the Lord of the Mannor under Hand and Seal take or destroy any Game and shall be convicted thereof upon Oath before a Justice of Peace he shall forfeit if an Officer 5 l. to be distributed among the Poor of the Parish and every Officer commanding in Chief shall forfeit for every such Offence committed by any Souldier under his Command 10 s. to be distributed as aforesaid and for default of payment within two days after Conviction and Demand thereof made by the Constable or Overseer of the Poor the Officer so refusing or neglecting is hereby declared to have forfeited his Commission and his Commission is hereby made null and void XXXII An account of all Monies due according to the Muster-Rolls to every Regiment shall be made upon the first day of July 1693. or six days after between the Pay-master General and the Colonel of every Regiment or his Agent authorized to receive the Pay thereof from the first of March 1692. to the last of April 1693. and so from time to time when four Months become due an Account shall be stated for the two preceding Months such Accounts being perfected to be registred in the Pay-Office and subscribed by the Pay-master or his Deputy and the Colonel or his Agent and Duplicates given to the Colonel c. without Fee who shall deliver to each Captain an account of so much as appertains to him and his Troop c. and the Ballance which shall remain and all other Monies then due to each Regiment shall be paid to such Colonel c. when their Majesties shall direct The Pay-master General or any Colonel offending herein shall forfeit 100 l. for every Offence to him that will sue for the same and his Deputy or any Agent of a Regiment offending in the Premises upon proof thereof at a Court-Martial shall lose his Place XXXIII No Warrant to take off the respits from any Muster-Rolls shall be allowed by any Pay-master unless countersigned by the Commissioners of the Treasury or the Lord High Treasurer Suits I. Stat. 1 W. M. Sess 2. cap. 8. Whereas about the time of his Majesties enterprize for delivering this Kingdom from Popery and Arbitrary Power and in Aid of the same divers Lords Gentlemen and others did act as Lieutenants Deputy-Lieutenants Justices of the Peace or other Officers though not sufficiently authorized thereunto and did apprehend and put in custody some suspected Persons and seize and use Horses Arms and other Things and entred into the Houses and Possessions of several Persons and quartered Souldiers there and since their Majesties happy Accession to the Crown by reason of the Wars and Tumults occasioned by their Enemies divers like Matters and Things have been done all which were necessary in regard of the exigency of publick Affairs Be it enacted That all Prosecutions whatsoever and Judgments had thereupon if any be for any of the Premisses or any Matter or Thing advised commanded appointed or done in order to the bringing their Majesties to this Kingdom or for their Service or for the Safety of the Government are hereby discharged and made void and if any such Prosecution shall be the Party prosecuted may plead the General Issue and give this Act and the Special Matter in Evidence and if the Plaintiff become non-suit or sorbear Prosecution or
Tallies of Loan and Orders for repayment shall be levied which Orders shall be assignable XVIII Every Sum and Sums so to be borrowed with Interest not exceeding 8 l. per Cent. to be paid every three months shall be payable to the Lenders out of any the next Aids or Supplies to be granted to their Majesties in Parliament and shall be transferred thereunto as soon as such Aid shall be granted and in case no such Aid or Supply shall be granted before the second day of February 1693. then such Sum or Sums shall be paid to the Lenders out of any of their Majesties Treasure not already appropriated by Act of Parliament XIX Whoever shall refuse to take in payment crack't Mony being the currant Coin of this Kingdom shall for every such Offence forfeit 5 l. and be liable to such other Punishments as by any Law may now be inflicted for such Offences XX. Every Receiver-General appointed by the said Poll-Act shall prepare a Duplicate in Parchment of the whole Sum charged in any of the Parishes and Places whereof he is Receiver General to be subscribed by two or more of the Commissioners and return it into the Exchequer before the last day of Easter-Term next with a Schedule containing the Names Sirnames and Places of Abode of every Person within their Collection that hath not paid and every Receiver General not making such returns except the same have been returned pursuant to the said Poll-Act shall forfeit 50 l. and be uncapable of any Office or Place of Trust in their Majesties Service XXI No Fees shall be taken by any Officer of the Exchequer or in any Office wherein any Receiver General is concerned in taking out his Commission passing his Accounts taking out his Quietus for receiving or paying any Mony granted by this or any other Act of this Parliament for Aids to their Majesties but such ancient Fees as shall be allowed by the Barons of the Quoif and the said Barons shall deliver a Table of the Fees by them allowed to the Lords and Commons in Parliament at the next Session Trade and Commerce I. Stat. 1 W. M. Sess 1. cap. 34. From the 24th day of August 1689. No Goods or Commodities of the Product or Manufacture of the Dominions of the French King or made of or mixed with any such Goods or Commodities shall during three years or before the end of the first Session of Parliament after such three years expired be imported into England Ireland Wales Berwick or the Isles of Jersey Guernsey Alderney Sark or the Isle of Man and all Importations vending or uttering of any French or other Commodities contrary to this Act are hereby declared to be a common Nusance and the Commodities so imported may be seized by any Person and carried into their Majesties Ware-house of the Port or Place where they are seized or to the Ware-house of the next Port Member or Creek to the place of Seizure and Persons claiming the same shall tender good Security to answer the Penalties of this Act and to make their claim within twenty days after seizure to the Collector or Customer or his Deputy where there is no other Collector established or to the Commissioners of the Custom in time of vacation or within ten days in Term-time by delivery of a Bill to such Officer subscribed with his Name Addition and Place of Abode with the particulars of the Goods claimed and the date of the Claim and the Names of his Sureties they being worth 500 l. a-piece at least and to give Bond to their Majesties in double the value of the Goods and the Penalties in this Act to answer the value of the Goods and other the said Penalties and after such Security given the Claim and Sureties Names and the Sum and date of the Bonds to be registred and subscribed by the Claimer Collector or Customer to whom such Bill shall be delivered and for want of giving Security and making Claim as aforesaid the Goods shall be adjudged to be imported contrary to this Act and be forfeited and within seven days after such default shall be destroyed as hereafter is appointed but if such Security be given and Claim made as aforesaid an Information shall the next Term or sooner be exhibited in the Exchequer and no Writ of Delivery or Restitution shall be granted till the Cause be determined by the Verdict of a Jury to be returned by the proper Officers in the presence of a Commissioner of the Customs in London and of the principal Officer in any Out-port which Jury upon the taste or view of the Goods o● upon proof shall judge the quality and value thereof and whether imported contrary to this Act and in what Vessels imported and by whom imported or sold and in whose custody they were when seized and if the Jury shall find that they were of the Product or Manufacture of the French Kings Dominions or mixt with any Goods of such Product or Manufacture then all such liquid Commodities shall be adjudged to be staved and spilt and other Commodities to be publickly burnt in the presence of one of the Sheriffs of London in the Port of London and of the chief Magistrate in any other Port who are required to be present and assisting in the destruction thereof and to view taste and examine them according to the first Entry made in the Warehouse-Book and to join with the Collector c. who are also required to be present at the destruction thereof in a Certificate to be entred in the said Book of the day of the destruction thereof no Persons to take away or save any of the said Commodities on pain to forfeit 40 s. above the value of the said Goods II. Importers thereof shall forfeit the full value according to the Rates hereafter mentioned and Persons in whose custody they shall be found when seiz'd or who shall sell or retail them shall for the first Offence forfeit the value thereof as aforesaid and for the second Offence double the value and be disabled to bear or execute any Office or Employment relating to the Customs or any part of the Revenue or any other Office whatsoever and if any such Commodities imported contrary to this Act shall within the time aforesaid upon any pretence be sold retailed or uttered or be found within England Ireland c. any Persons may seize them and like Information and Judgment for destruction thereof shall be had and given as aforesaid III. They in whose custody such Goods shall be found shall incur the Forfeitures and Penalties aforesaid and if any dispute or doubt shall arise whether the said Goods were of the Product or Manufacture of the French Kings Dominions or imported contrary to this Act the proof shall lie on the Importer Claimer Vender c. and not on the Informer and if any Informer shall by Fraud or Collusion desist or delay Prosecution he shall forfeit 500 l. All Officers belonging to the Customs and
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
and reserving the ancient Rent or such as hath been paid for the greater part of twenty years next before the Year 1660. to those that have the Inheritance or else a reasonable Rent not being under the twentieth part of the clear yearly value III. All Covenants Covenants good against them to whom the Interest shall afterward come Conditions and Agreements in every Lease made as aforesaid shall be good in Law according to the contents of the same not only against them to whom the Reversion of the said Lands shall come but against them to whom the Interest of the said Leases shall come as if their Majesties at the making such Covenants and Conditions were actually seized in Fee-simple of the same IV. Saving to all Persons and Bodies Politick Saving of Rights their Heirs and Successors saving the King and Queen and their Heirs the Dukes of Cornwal for the time being and their Heirs or whosoever shall enjoy the Dukedom by force of any Act of Parliament all such Rights and Demands whatsoever of in to or out of the said Offices or Lands or any of them as they had before the making this Act any thing herein notwithstanding V. Fees for passing Leases The Fees and Charges to be paid for passing and perfecting Leases of Tenements of small value where the Fine or Value of such Lease or Grant to be made or renewed shall not exceed 80 l. shall not exceed the Sum of 10 l. for every Lease and 4 l. for every Copy besides the said Fine or Value the said 10 l. and 4 l. to be divided among the Officers of the Exchequer imployed for the preparing and passing such Lease or Grant and if any Officer exceed the same he shall forfeit to the Party grieved so much as is exceeded by this Act and also 20 l. one moiety whereof shall be forfeited to the King and the other to the Party grieved Militia I. STat. 5 6 W. M. Sess 5. cap. 13. An Act for raising the Militia of this Kingdom for the year 1694. although the Months Pay formerly advanced be not repaid Mines I. Lawful to dig in Mines notwithstanding pretended to be Royal. Stat. 5 W. M. Sess 5. cap. 6. All Persons Subjects of the Crown of England Bodies Politick or Corporate having or that shall have any Mine or Mines within the Kingdom of England or Wales wherein any Ore now is or shall be discovered or wrought in which there is Copper Tin Iron or Lead shall and may enjoy the same Mine or Mines and Ore and dig and work the said Mine or Mines or Ore notwithstanding they shall be pretended or claimed to be a Royal Mine or Mines II. Rates to be paid for Ore where Mines are pretended to be Royal Provided that their Majesties their Heirs and Successors and all claiming any Royal Mines under them may have the Ore of such Mines in any part of England or Wales other than in the Counties of Devon and Cornwal paying to the Owners of the said Mines wherein such Ore is or shall be found within thirty days after the said Ore is or shall be laid upon the Banks of the said Mines and before the same be removed thence the Rates following viz. For all Ore washt made clean and merchantable wherein is Copper 16 l. per Tun For all Ore washt made clean and merchantable wherein is Tin 40 s. per Tun And for all Ore washt made clean and merchantable wherein is Iron 40 s. per Tun And for all Ore washt made clean and merchantable wherein is Lead 9 l. per Tun and in default of payment of such respective Sums as aforesaid it shall be lawful for the Owners of the said Mines wherein such Ore shall be found to dispose of the said Ore to their own uses Orphans I. STat. 5 6 W. M. Sess 5. cap. 4. Perpetual Fond to pay the Interest of 4 l. per Gent. unto Dec. 25th 1693. From the time first due to Dec. 25th 1683 at 5 l. per Cent. And from thence to Dec. 25th 1693. at 3 l. per Cent. 4 l. per Cent. from the 25th of Dec. 1655 to the 25 of Dec. 1693 and so proportionably The City Lands c. excepting the Revenues of the Hospitals and Repairs of London-Bridge for ever chargeable after the 24th of June 1694. for raising the Annual Sum of 8000 l. It is enacted That for the raising a perpetual Fond to pay the yearly Interest of four pounds for every hundred pound principal Mony and of all the Interest thereof due to any Orphan of the City or the Executors Administrators or Assigns of such Orphan unto the 25th day of December 1693. The Interest to be computed from the time first payable unto the 25th day of December 1683. at five pounds for the Interest of every hundred pounds for one year And from that time to the 25th day of December 1693. at three pounds and so proportionably for any greater or lesser Sum the Interest already received for such principal Mony to be deducted and to pay the like yearly Interest of four pounds for every hundred pounds of the principal Mony and Interest thereof to be computed as aforesaid due upon Bond Bill or Note liable to pay Interest between the 25th day of December 1655. and the same day of December 1693. or any other the Creditor of the same City or the Executors Administrators or Assigns of such Creditor on the said 25th day of December 1693. from the Chamber of the said City or from the Mayor Commonalty or Citizens thereof and so proportionably for any greater or lesser Sum the Manners Messuages Lands Markets and Fairs and other the Hereditaments and Revenues belonging to the same City in possession or reversion and the Improvements that shall be made thereof except such the Lands and Revenues belonging to the Hospitals of the same City or Borough of Southwark or such as are chargeable with the Repairs of London Bridge shall be yearly charged for ever after the 24th day of June 1694. for the raising the Annual Sum of eight thousand pounds to be appropriated for the raising such a perpetual Fond and be applied as aforesaid II. The Aqueducts belonging to the City The City Aqueducts liable and their Rents except the Profits of such Water as shall be for the Supply of the publick Conduits Hospitals Halls and Prisons shall be for ever appropriated and applied towards payment of the said Interest III. 2000 l. annually out of Personal Estates And for the raising such a perpertual Fond the Common Council may every year raise and assess the Sum of two thousand pounds upon the Personal Estates of the several Inhabitants within the City and Liberties and to distrain for default of payment IV. Leases of the Convex Lights for 21 years from June 24th 1694 600 l. per ann The City may Lease to the Persons concerned in the Convex Lights the sole use of
such Lights within the City and Liberties for one and twenty years from the 24th day of June 1694. at the Rent of six hundred pounds yearly to be reserved to be appropriated towards raising such a Fond and payment of the said Interest-mony And after that Term expired the Profits whatsoever that shall be made by granting Licenses to lighten the Streets shall be appropriated and applied to the uses aforesaid V. Every Apprentice after 24th of June 1694 to pay 2 s. 6 d. at his being bound to be transmitted to the Chamberlain on penalty of 5 l. 5 s. to be paid by every one admitted a Freeman 4 s. ꝙ Tun on Wine imported The Collector to be appointed by the Mayor and Aldermen For the increase of the Fond every Apprentice after the 24th day of June 1694. when he is bound shall pay two shillings and six pence to the Master or Wardens of such Company as his Master is Member of to be by the said Master and Wardens transmitted to the Chamberlain of the City to be employed for the uses aforesaid upon the Penalty of five pounds for every Sum not so transmitted to be recovered in the Name of the Chamberlain And Books of Vellum or Parchment to be kept in the Common Halls of such Payments for any Person to inspect gratis VI. And every Person after the said 24th day of June 1694. when he is admitted a Freeman shall pay the Sum of five shillings the said several Sums of two shillings and six pence and five shillings to be paid over and above the usual Fees VII Also every Importer shall pay a Duty of four shillings per Tun upon all sorts of Wine imported after the said 24th day of June 1694. into the Port of the City of London or the Members thereof by way of Merchandize over and above the present Duties and so proportionably for a greater or lesser quantity The Collector to be appointed by the Mayor and Court of Aldermen And the said Imposition to be paid in the same manner and by such Rules and under such Penalties as are provided in an Act of Parliament made in the 12th year of King Charles II. Entituled A Subsidy granted to the King of Tonnage and Poundage c. VIII 4 d. for meetage of every Chaldron of Coals after the 29th of June 1694 After the 29th of Sept. 1700 6 d. ꝙ Chaldron or Tun to continue for 50 years To be paid by the Owner of the Vessel There shall be paid for all such sort of Coals or Culm as are usually sold by the Chaldron imported into the Port of London or Members thereof after the 24th day of June 1694. for every Chaldron thereof the Sum of four pence Meetage for ever over and above what is now paid to be paid as the present Duty of Meetage is And after the 29th day of September 1700. the farther Sum of six pence And for such Coals as are sold by the Tun for every Tun thereof containing two thousand Weight the like Sum of six pence which shall continue from the said 29th day of September for fifty year and no longer to be paid by the Master or Owner of the Ship or Vessel whereupon they are laden before they shall break Bulk or have a Meeter assigned at such place as the Mayor and Court of Aldermen shall appoint within the City or Liberties for Receipt thereof upon receipt whereof the Party appointed to receive the same shall without delay gratis deliver a Receipt which shall be a sufficient Discharge How to be collected And the same Imposition of six pence per Chaldron shall be collected and levied in such manner and in every respect as in and by one Act made in the 19th year of King Charles II. Entituled An Act for the rebuilding the City of London the Imposition of Coals thereby granted was to be collected and levied And the Powers and Directions for that Act shall be exercised for the collecting of the said Duty of six pence as if particularly expressed in this during all the time it is payable The Monies to be paid into the receipt of the Chamber Collectors to give reasonable security All Sums of Mony as part of the said Fond are to be paid into the Receipt of the Chamber and are hereby appropriated for the raising the said Fond and applied towards the discharge of the said Debts And every Person that shall be concerned in the Receipt of any of the Sums so appropriate before he take upon him the execution of such Office shall find Sureties in such reasonable Sum as by the Mayor and Court of Aldermen shall be thought fitting for the faithful execution of such Office IX After the expiration of 6 d. per Chaldron the City revenues liable for 6000 l. ꝙ ann besides the 8000 l. per ann The Mony raised by this Act to be applied for the payment of 4 l. per Cent. due the 25th of Dec. 1693 And also for the payment of 4 l. per Cent. from between the 25th of Dec. 1655 and the 25th of Dec. 1693 The payments to be made twice a year at St. Thomas and St. John Baptist or within 14 days after The perpetual Interest to be in full satisfaction of the principal Debt After the said Imposition of six pence shall determine all the Revenues of the City of London in possession or reverson shall stand and be charged with the full yearly Sum of six thousand pounds over and above the said yearly Sum of eight thousand pounds in like manner appropriated as the yearly Sum of eight thousand pound was X. And all the Rents Impositions and Sums of Mony by this Act applied to be charged raised or paid after reasonable Salaries and Allowances deducted for ever shall be applied for the payment of the Annual Sum of four pounds for the Interest of every hundred pound and proportionably for a greater or lesser Sum of the above-mentioned respective Debts and all the Interest thereof due on the 25th day of December 1693. to any Orphan of the City or the Executors c. of such Orphan And also for the payment of the like yearly Interest of four pounds for every hundred pound principal Mony and the Interest thereof to be computed as aforesaid due at any time between the said 25th day of December 1655. and the said 25th day of December 1693. upon Bond Bill or Note liable to pay Interest from the said City unto any Person or Persons or to so much thereof only as the Monies appointed by this Act to be raised and paid shall yearly amount unto to satisfie and pay towards the Interest to the said Orphans and Creditors equally in proportion to their respective Interests The Payments to be made twice in every year upon St. Thomas Day and St. John Baptists or within fourteen days after The first payment to be made on St. Thomas Day 1694. or within fourteen days after The said Monies to be
employed to no other use and all the Orders or Warrants for the disposal thereof contrary to the intent of this Act to be void XI The provision hereby made for the payment of the said Interest-Mony for ever shall be in full satisfaction of the Debts and Interest thereof due to the said Orphans and Creditors and they are to acknowledge satisfaction of their respective Debts according to the usuall Custom paying such Fees to the Officers concerned as the Mayor and Court of Aldermen shall appoint not exceeding thirteen shillings and four pence for every thousand pounds The City hereby discharged Books to be kept of the Receipts and Disbursements Access thereto gratis from 9 to 12 in the Forenoon The Receipts and Payments to be yearly audited The Auditors Fees and the City and their Successors are hereby acquitted of the same XII The Chamberlain shall provide or keep one or more Book or Books of Vellum or Parchment of the Receipts and likewise of the Disbursements by virtue of this Act whereto all Persons may have free access to view the same between the hours of nine and twelve in the Forenoon without any Fee or Reward And the Receipts and Payments of all the Monies aforesaid shall be audited yearly upon Oath before one of the Auditors of the Imprest which Oath the said Auditors are hereby required to administer between Michaelmas Day and Saint Thomas the Apostle and for every thousand pounds the Accompts shall amount to the Auditor shall receive of the Chamberlain twenty shillings and no more The Accompts so audited shall be signed by the said Auditor and also allowed by the Mayor and Court of Aldermen and fairly entred and remain in the Chamber of the City to be perused and viewed XIII If any Chamberlain of the City Penalty of misimploying or other Person shall after Receipt of any the said Monies divert or misapply the same he shall forfeit treble the Sum so misapplied to be recovered by any the Orphans or Creditors that will sue for the same in any of their Majesties Courts of Record XIV The Chamberlain and Common Serjeant of the City upon request shall give unto every of the said Orphans and Creditors and their respective Executors Administrators or Assigns Liberty of assigning a Bill or Note in Writing of the Principal Debt or Interest owing to them And any Person to whom any Mony is payable by this Act may by Writing under his Hand and Seal transfer his Right and Interest therein to be registred in a Book to be kept by the Mayor and Court of Aldermen and the Note or Bill of the said Debt being delivered up to the Officer appointed by the Court of Aldermen for that purpose he shall give his Note or Bill in Writing of the Debt so assigned to the Party to whom such Assignment is made and such Assignee shall be entituled to the benefit thereof and may assign toties qu●●ies Assignments irrevocable And it shall not be in the Power of such Persons who have made such Assignments to release or discharge the same or the Monies thereby assigned XV. Orphans not compellable to bring in their Mony to the Chamber No Person shall be obliged or compelled by virtue of any Custom within the said City or by Order or Process of the Court of Orphans to pay into the Chamber any Sum of Mony or Personal Estate due or to be due or belonging to an Orphan of any Freeman any Law or Usage inforcing the same notwithstanding But this not to be construed to extend to impeach or prevent Process upon any Recognizance already given according to the Custom XVI The City answerable for their Officers defaults If the Corporation of the City or any of their Officers or other Person by colour of any Warrant or Authority from them misapply or convert to their own use any of the Sums hereby appropriated the Corporation shall be answerable for the same out of their Revenues in any Action to be brought by any of the said Orphans or Creditors the Sum recovered to be to the uses aforesaid and the Costs to the Party suing The Amerciaments Fines on such Suits to the use of the City Fines and Distresses upon the Corporation upon the Account of such Suit to be to the uses aforesaid and not to be pardoned or acquitted by their Majesties XVII Provided on Application made to the Mayor and Court of Aldermen by the Executors or Administrators of the Father of such Orphan to pay in or lodge any Sum of Mony of such Orphan in the said Chamber and to have the benefit of the said provision hereby made It shall be lawful for the said Mayor and Aldermen to pay off the like Sum to such Person entituled to the said yearly Payments as aforesaid as they think fit not being Orphans under the Age of twenty one years of Age and giving three months notice to or for the Person so to be paid off at the end of which three months upon payment or tender of the said Monies due for Principal and Interest to or for the Person to whom such notice shall be given according to the provision hereby made at the Office of the said Chamberlain in Guildhall that from thenceforth the Annual Sum of Mony payable to such Person to whom such notice payment or tender shall be made shall cease and determine and the same shall become due and payable to or for the use of such Orphan who shall have paid in the Monies for the same and shall be registred accordingly and be assignable as aforesaid yet the Monies so tendred shall be paid to such Persons upon their demand of the same and assigning or giving a Discharge for the same And the provision hereby made shall remain a perpetual Fond for the benefit of the Orphans of the said City successively XVIII Debts mortgaged redeemable upon payment of Principal and Interest Provided it be within 3 years after this Session of Parliament If any such Debts due to any of the said Orphans have at any time before the said 25th day of December been mortgaged or covenanted to be so they are redeemable and shall be redeemed upon payment of the Principal Mony paid in consideration of making the Mortgage with the Charges and Interest for the same from the time of payment thereof after the rate of eight pounds per Cent. per Annum for one year discounting for what hath been received for the said Debt And upon payment or tender of Principal Interest and Charges the Security concerning the same to be void But such Redemption is to be made within three years after the end of this present Session of Parliament XIX Contracts with Solicitors void Solicitors to be paid at the discretion of the Mayor and Aldermen Their Forfeiture if they take more All Securities given by the Orphans to any Agents or Solicitors to obtain Payments of their Debts by Act of Parliament or
otherwise shall be null and void And the Mayor and Court of Aldermen out of the Revenue setled by this Act shall allow and pay to such Agents and Solicitors what they judge may be reasonable and that to be allowed in the Accompt of the said Revenue And if they demand or receive more than shall be so adjudged due to them they shall forfeit treble the Sum received to be recovered with Costs of Suit by such Persons as will sue for the same in any of their Majesties Courts of Record at Westminster XX. New-River Water Thames Water and Shadwel Water-works excepted This Act shall not extend to the New-River Water or Profits thereof Nor shall be construed to hinder or obstruct the Governors and Company of Undertakers for raising of the Thames-Water in York Buildings nor the Governor and Company of the Water-work in Shadwel But they may raise and take the Water and lay Pipes and Branches in the Streets as before and enjoy all their Rights Nor shall this Act extend to the Water-works of Thomas Morris Th. Morris Water-works excepted at or near London-Bridge nor to the Profits or Benefits thereof other than the Rent reserved upon a Lease formerly made thereof by the City And Samuel Hutchinson Samuel Hutchinson or his Assigns paying their proportion of Stock to the Partners in the Convex Lights and covenanting to perform such Contracts and Agreements as are or shall be made by them before the 24th day of June 1695. may enjoy the same Interest and Benefit in the Premises as any of the Partners according to their respective Proportions XXI Priviledge of Persons sued upon this Act. Any Person sued for what he shall do in pursuance or in the execution of this Act may plead the General Issue and give upon Trial this Act and the Special Matter in Evidence and in case of Non-suit forbearance of farther Prosecution Discontinuance or Verdict against the Plaintiff or Prosecutor the Defendant shall recover Costs and have like Remedy for them as when Costs by Law are given to the Defendants XXII This Act to be reputed a general Act. This Act shall be reputed a General Act and the Judges upon all occasions shall take notice as if it were a Publick Act of Parliament relating to the whole Kingdom XXIII For the space of seven years from the 29th day of September last past The City may use 2000 l. yearly for 7 years towards their necessary Expences provided the Orphans have their due otherwise to repay what is wanting to the Orphans by 2000 l. per ann it shall be lawful for the Mayor and Court of Aldermen to retain and apply and the Chamberlain to issue and pay towards the necessary Expences and Charges of the City any Sum not exceeding in the whole the Sum of two thousand pounds yearly out of the Monies hereby appointed to the use of the Orphans and Creditors But in case after the deduction and allowance of the said two thousand pounds during the seven years there shall not be raised and paid to the Orphans and Creditors out of the residue of the Profits of the aforesaid several Provisions and Fonds so much Mony as will fully satisfie all the said Orphans and Creditors Interest for all their several and respective Debts after the rate of four pounds per Cent. per Annum during the whole seven years that then the City shall repay into the Hands of the Chamberlain within seven years after the expiration of the said Term fourteen thousand pounds or so much thereof as they shall have made use of by two thousand pound per annum or such less yearly Sum as shall be proportionable to what they shall have so made use of until the same or so much thereof as shall make good the deficiency that shall appear in the satisfaction of the Interest of all the Monies due to the said Orphans and Creditors at the Rate aforesaid by reason of applying the said two thousand pounds per Annum or any part thereof to the use of the City for the Term aforesaid shall be satisfied And for securing the repayment thereof all the Estate Rents and Profits of any sort which at the expiration of the term of seven years shall belong to the Mayor The City Revenues liable for the same Commonalty and Citizens in their Politick Capacity only except the Revenues belonging to the Hospitals in or belonging to the same City or Borough of Southwark or for the Repairs of London-Bridge shall be and are charged and made subject and liable thereunto Prisoners I. STat. 5 6 W. M. Sess 5. cap. 2. Act 2 W. M. revived That the Act made in the second year of their Majesties Reign Entituled An Act for Relief of Poor Prisoners for Debt and Damages be revived and that the Oath in the said Act shall be abolished and instead thereof the Oath herein mentioned shall be the Oath to be tendred to the Sheriffs Gaolers and Keepers of Prison I A. B. The Oath to be taken by Sheriffs and Gaolers do swear That I have examined the Commitments or Books belonging to the said Prison and that by them it doth appear that J. S. was really and truly a Prisoner in the Custody of the then Gaoler or Keeper of the Prison of D. Prison in the County of C. without any Fraud or Deceit by me or any other to my knowledge or belief at or upon the 28th day of November Anno Dom. 1690. II. And in case any Sheriff Penalty for refusing the Oath Gaoler or Keeper of Prison shall refuse to take the Oath herein appointed he being required unless it appear by the Commitment and Books of the said Prison that the Person for whom such Oath is required was not truly a Prisoner in the Custody of the said Gaoler and Keeper according to the said Act that otherwise the said Gaoler and Keeper so refusing to take the said Oath shall forfeit to such Prisoner the value of the Debt for which he shall be imprisoned And that in that case upon complaint of the Prisoner the Justices of Peace of the County or City where the Prison lies Prisoner may be discharged if he were in Custody 28 Nov. 1690 shall have power to examine the said Matter upon Oath of any other Persons which Oath they are hereby impowred to administer And if it shall appear to them that the said Prisoner was truly a Prisoner on the said 28th day of December 1690. then the said Justices may discharge the said Prisoner so as he may have full benefit of the said Act notwithstanding the Sheriffs Gaolers or Keepers refusing the said Oath any thing in the said Act notwithstanding III. The Sheriff or Gaolers Fee for discharge of a Prisoner And farther That no Sheriff Gaoler or Keeper of Prison nor any Clerk of the Peace or other Officer directly or indirectly shall take of any Prisoner to be discharged by
this Act any Chamber-rent Fee or Reward for any thing relating to his Discharge above the Sum of 6 s. 6 d. in the whole upon pain of forfeiting the value of the Debt and upon pain of being proceeded against as an Extortioner any Law Act of Parliament or Usage to the contrary notwithstanding IV. The Justice of Peace his Clerks Fee And that no Justice of Peace his Clerk or Servant shall take of any Prisoner for signing his Warrant and Summons any Fee or Reward whatsoever nor any Clerk of the Papers or other Officer that shall make out any Copies of Causes for the said Prisoner shall take for the same above 4 d. upon pain to be proceeded against as Extortioners aforesaid V. No Debt contracted since Nov. 28. 1690. shall hereby be discharged Provided that no Debtor shall by virtue of this or the aforesaid Act be discharged of any Debt contracted by such Debtor since the 28th day of November which was in the Year 1690. Ships I. Builders of 3 Deck Ships within 10 years from first M. 1694. their allowance for Customs STat. 5 6 W. M. Sess 5. cap. 18. Every Person that shall within ten years from and after the first of May 1694. build or cause to be built within any of their Majesties Dominions any Ships or Vessels of three Decks reckoning the Orlop for one with a Fore-castle Quarter-deck Round-house and six Foot between each Deck from Plank to Plank their Hawrses to be between Decks the said Ships to be of no less than 450 Tun and to have no less than ten Ports of a side between Decks mounted with 32 Pieces of Ordnance close of which 18 to be between Decks the said Guns upon the lower Deck to be Demy-Culverine of 3000 weight at least upon the Upper-deck Fore-castle and Steerage to be also Demy-Culverine of 2200 weight at least and those in the Cuddy to be 600 weight at least and other Ammunition proportionably shall for the first three Voyages which the said Ship or Ships shall make from their Majesties Dominions to any Foreign Parts receive to their own use and benefit one tenth part of the Customs commonly call'd or known by the name of the Subsidy of Tunnage and Poundage that shall be paid to their Majesties for all such Goods and Merchandizes as shall be exported and imported on the said Ship or Ships to and from this Kingdom and the Commissioners and Officers of their Majesties Customs are hereby impowered to pay the same to the respective Owners accordingly II. The penalty if altered And if at any time after the end of the said three first Voyages any of the said Ships or Vessels so to be built as aforesaid shall be altered or put into another form of Building whereby they shall become or be made less defensible than they were at first building that then every such Ship or Vessel with all the Guns Tackle Ammunition and Apparel thereof shall be forfeited and lost I. Stat. 5 6 W. M. Sess 5. cap. 19. Offences done since 24 June 1694. may be tried in the Kings Bench or by Justices of Oyer and Terminer All Offences contrary to one Act made in the 13th year of King Charles II. Entituled An Act for the establishing Articles and Orders for the regulating and better Government of his Majesties Navies Ships of War and Forces by Sea which shall be committed after the 24th of June 1694. may be tried and determined in the Kings Bench at Westminster or before Justices of Oyer and Terminer appointed by their Majesties which said Courts are hereby impowered to hear and determine the same according to the Common Law and to inflict such Penalties as are appointed by the said Act. II. Offences done out of the Realm c. Person tried by a Court Martial not to be tried again How long to continue Where any of the said Offences shall be committed out of this Realm the same may be alledged and laid in any County within this Realm III. Provided that no Person who shall be tried in a Court-Martial shall for the same Offence be again tried by virtue of this Act nor shall any Person tried by virtue of this Act be tried again by a Court-Martial IV. Provided also that this Act shall continue in force for three years and from thence to the end of the next Session of Parliament Souldiers I. Stat. 5 6 W. M. Sess 5. cap. 9. The Act made in the last Session of this Parliament Entituled An Act for punishing Officers and Souldiers who shall mutiny and desert their Majesties Service and for punishing false Musters and for payment of Quarters shall continue and be in force until the first of March 1694. and no longer II. Who shall be accounted a listed Souldier No Person that shall be listed for the Land-Service after the first of March 1693. shall be esteemed a listed Souldier or be subject to any of the Pains and Penalties of this Act or any other Penalty for his Behaviour as a Souldier that shall not have been brought before a Justice of Peace not being an Officer in the Army or Chief Magistrate of some City or Town-Corporate or High Constable or Pety Constable in the Hundred or Division where the Person shall be listed and before such Justice Magistrate or High Constable or Pety Constable declare his free consent to be listed or mustred as a Souldier before he be listed or mustred or inserted in any Muster-Roll of a Regiment Troop or Company as aforesaid And every Military Officer that shall offend herein shall incur the like Penalty and Forfeiture as is by the said continued Act to be inflicted upon any Officer for making a false and untrue Muster Sureties I. St. 10 E. 3. for finding Sureties for Good Behavior repealed Stat. 5 6 W. M. Sess 5. cap. 7. The Statute the 10th year of King Edw. III. for finding Sureties for the Good abearing by him or her that hath a Pardon of Felony is hereby made void and repealed II. Provided At the Justices discretion that if any Charter of Pardon be pleaded by any Person for any Felony the Justices before whom such Pardon shall be pleaded may at their discretion remand or commit such Person to Prison there to remain until he or she shall enter into a Recognizance with two sufficient Sureties for his or her being of the Good Behaviour for any time not exceeding seven years III. Provided Feme-Covert or Infant to find Sureties if any such Charter of Pardon be pleaded by a Feme-Covert or Infant such Feme-Covert or Infant may find two sufficient Sureties who shall enter into a Recognizance for his or her being of the Good Behaviour as aforesaid Taxes Aid of 4 s. in the Pound I. STat. 5 W. M. Sess 5. cap. 1. 4 s. in the Pound to be paid for all personal Estates excepting desperate Debts and Houshold-stuff All and
Person of the Age of sixteen years or upwards and being now withing this Realm who hath not taken the Oaths mentioned and upon Summons under the Hand and Seal of any two or more of the said Commissioners appointed by the first above-mentioned Act shall refuse to take the said Oaths at the time appointed in such Warrant or shall neglect to appear at such times before the Commissioners in order to take the said Oaths shall doubly be assessed the Rates above-mentioned XXVI Gentlemen to be taxed by a former Act and not paying the Penalty Every Gentleman or so reputed or owning or writing himself such or being above that Quality who by virtue of an Act made in the third year of their Majesties Reign Entituled An Act for raising Mony by a Poll payable quarterly for one year for carrying on a vigorous War against France did pay or ought to have paid double the Sums charged by the said Act or were or ought to have been returned into the Exchequer for non-payment thereof who shall not voluntarily appear before the said Commissioners or any two or more of them within ten days after the first Meeting of the said Commissioners and take the said Oaths appointed by the said Act made the first year of their Majesties Reign shall be doubly assessed as above XXVII Quakers to subscribe the Declaration Provided nevertheless that whereas certain Persons called Quakers and now known to be such do scruple the taking of any Oath It shall be sufficient for every such Person to subscribe the Declaration of Fidelity contained in an Act of Parliament held in the first year of their Majesties Reign Entituled An Act for exempting their Majesties Protestant Subjects dissenting from the Church of England from the Penalties of certain Laws and every Person so doing shall not be chargeable with any of the double Rates aforesaid XXVIII Lands to be above 20 s per ann No Person shall be liable to the Pound-rate imposed by this Act upon Lands Tenements or Hereditaments whose Lands Tenements or Hereditaments are not of the yearly value of 20 s. in the whole XXIX Master of the Rolls c. where to be charged The Master of the Rolls Masters in Chancery Six Clerks Clerks of the Petty Bag Examiners Registers Clerks of the Inrolment Clerks of the Affidavits and Subpoena Office or any other the Officers of the High-Court of Chancery that execute their Offices in the Liberty of the Rolls are to be assessed there and not elsewhere XXX Penalty of Collectors detaining Mony If any Collector shall keep in his Hands any part of the Mony by him collected for any longer time than by this Act directed or pay any part thereof to any other Person than the Head-Collector or Receiver-General of such place every such Collector shall forfeit 10 l. And if any Head-Collector shall detain in his Hands or pay any Mony to any other than the Receiver-General of such Place every such Head-Collector shall forfeit 40 l. And if any Receiver-General or his Deputy shall pay such Monies or any part thereof paid to him by this Act to any Person whatsoever other than the Receipt of their Majesties Exchequer within the times limited by this Act such Receiver General or his Deputy shall forfeit the Sum of 1000 l. XXXI Changing Abode after Assessment If after Assessments on personal Estates according to this Act any Person shall remove to any place where such Person was not taxed the Commissioners acting within such place are hereby impowred to summon such Person before them and unless he or she shall produce a Certificate made according to the Directions of this Act whereby it may appear that he or she have paid all their precedent quarterly Payments the said Commissioners are hereby required to cause such Persons to be assessed for such quarterly Payments as remain unassessed to be assessed and paid according to the true intent of this Act. XXXII The King may borrow upon this Act at 7 l. per Cent. It shall and may be lawful for any Person Native or Foreigner Bodies Politick or Corporate to lend to their Majesties upon the security of this Act any Sums of Mony and to receive for the forbearance thereof any Sum not exceeding 7 l. per Cent. for one whole year and that no Mony so lent shall be rated by virtue of this Act. XXXIII No Rector or Vicar chargeable except above 30 l. per Ann. No Rector or Vicar who has the Cure of Souls and actually resides upon his Rectory or Vicaridge upon the account of such his Rectory and Vicaridge only shall be charged by this Act unless his Rectory or Vicaridge does really and truly exceed the value of 30 l. per annum or unless he hath more than one Rectory or Vicaridge Additional Supply for 118506 l. 5 s. 10 d. I. Stat. 5 W. M. Sess 5. cap. 5. That it shall and may be lawful for any Persons Natives or Foreigners to contribute towards the advancing the Sum of 118506 l. 5 s. 10 d. to make up the whole Sum of 1000000 l. granted to their Majesties by an Act made this present Parliament intended to be advanced by paying into their Majesties Exchequer at any time before the first day of May 1694. any Sum or Sums of Mony not exceeding in the whole the Sum of 118506 l. 5 s. 10 d. as followeth viz. That every Person out of the Rates and Duties of Excise granted by the said Act of 1000000 l. 14 l. per Cent. for own Life or Nominees shall have and receive for every Sum of 100 l. by them respectively advanced and paid a quarterly Annuity Rent or Payment of 14 l. and proportionably for a greater Sum for and during the life of such Person so advancing or paying the same or during any other life to be nominated by the Person advancing or paying any such Sum as aforesaid Within what time to be nominated the same to be nominated within six days after payment of such Sum which yearly Annuities Rents or Payments shall commence from the 24th of June next ensuing and shall be paid and payable at the four most usual Feasts of the year viz. The Annuntiation of the Blessed Virgin Mary the Nativity of St. John Baptist the Feast of St. Michael the Archangel and the Feast of the Birth of our Lord Christ and every Person on payment of such Sum or Sums as aforesaid Tallies to be given on receipt of the Monies and Orders thereon which may be transferred or assigned and not to be revoked shall immediately have one or more Tally or Tallies importing the receipt of the Consideration Mony and Orders for the Payment of the said Annuities bearing the same date with the Tally the said Tallies to be levied and the said Orders to be signed in the same manner as in the said Act is mentioned touching Tallies and Orders to be given to the Contributors for
Annuities upon the said Act and the said Orders not to be determinable revocable or countermandable as touching the afore-mentioned Orders in the said Act is enacted which said Orders shall be assignable and transferrable in such and the same manmer as is mentioned in the said Act touching Orders given to the Contributors in the said Act mentioned and all the Rates and Duties by the said Act granted over and beside so much as shall bear proportion at the Rates in the said Act mentioned to the whole Sum of 881493 l. 14 s. 2 d. already advanced by the Contributors upon the said Act are and shall be appropriated and applied and are hereby appropriated to and for the payment of the said Annuities yearly Rents or Sums after the rate of 14 l. per Cent. per Annum for every 100 l. to be advanced as aforesaid according to the true intent and meaning of this Act and shall not be diverted or divertible to any other use intent or purpose whatsoever under the like Penalties Forfeitures and Disabilities Penalty for misapplying the Monies given by this Act. Books and Registers to be kept in respect to all and every the Officers in the said Act mentioned as are in the said Act appointed in case of diverting or misapplying any part of the Monies which ought to be paid to the Contributors upon the said Act. And the said Officers are hereby required to keep Books and Registers and make Entries of the Names of all Persons who shall advance any Monies before the said first of May and of the several Sums so advanced and the times of paying in the same respectively and the Names of such Persons for whose Lives the several Annuities or yearly Payments are to be payable without Fee or Reward as in the said Act mentioned And every Person who shall advance or pay any such Sum as asoresaid Interest of 10 l. per Cent. from 1st of May to the 24th of June before the first of May as aforesaid shall receive out of the Mony granted by the said Act for all Mony so advanced by him and paid from the respective days of payment unto the 24th of June as aforesaid Interest at the rate of 10 l. per Cent. per Annum II. Mony payable to any Person by this Act to be free from Duties Surplus to be to the use of their Majesties Any Monies payable to any Person or Persons by virtue of this Act shall not be chargeable with any Rates Duties or Impositions whatsoever and in case there shall be any Surplus or Remainder of the Monies arising by the said Rates and Duties of Excise at the end of any year during the term of ninety and nine years granted therein by the said former Act after making all the Payments which by this or the said former Act are appointed to be paid within the same year or reserving Mony for the same such Surplus or Remainder shall be to the use of their Majesties their Heirs and Successors III. Upon demand of their shares a Certificate of the Life of the Nominee shall be produced Every Contributor upon this or the former Act his or her Executors Administrators or Assigns upon their demanding any half-yearly or quarterly Payment of their respective shares of either of the said Funds unless the Nominee appear in Person at the said Receipt shall produce a Certificate of the Life of his her or their respective Nominee signed by the Minister and Church-wardens of the Parish where such Nominee shall be then living as by the said Act is appointed or otherwise it shall and may be lawful to and for every Contributor his or her Executors Administrators or Assigns at his her or their Election to make Oath of the truth of his her or their respective Nominees Life on the day when the said Payments shall become due before any one or more Justices of the Peace of the respective County Riding City Town or Place wherein such Person at the time of the making the said Oath shall reside and the said Justice or Justices shall make a Certificate thereof without Fee the which shall be filed in the said Office or Receipt of Exchequer And if any Person shall be guilty of a false Oath Penalty of forging a Certificate or forging any Certificate touching the Premises and be thereof lawfully convicted he shall incur the Pains and Penalties to be inflicted upon Persons who commit wilful Perjury or Forgery And in case any Nominee shall at the time of such demand be resident in Scotland or beyond the Seas and any one or more of the Barons of the Exchequer for the time being shall certifie that upon proof to him or them made which proof is to be taken in a Summary way it doth seem probable to him or them that the said Nominee is living the said Certificate being filed as aforesaid shall be a sufficient Warrant for making the said quarterly Payment to the respective Contributors their Executors Administrators or Assigns And if any Person shall receive one or more quarterly Payments upon his her or their Annuity or Annuities for any time beyond the death of his her or their Nominee when the same ought to cease such Person shall forfeit treble the value of the Monies so received IV. And whereas several Persons who did contribute or pay several of the Sums of Mony which have been contributed upon the said recited Act for Shares Dividends Annuities or other Benefits in the said Act mentioned as well upon the benefit of Survivorship as upon the yearly Annuities of 14 l. per Cent. did not name to the Auditor of the Receipt or Clerk of the Pells in the Receipt of the Exchequer within the respective times by the said Act appointed the respective Lives during which such Dividends Shares Annuities or other Benefits respectively were to continue It is hereby enacted Benefit of Survivorship within what time the Lives to be named That if such Persons shall at any time before the first of March next nominate to the Auditor of the Receipt of Clerk of the Pells in the Exchequer the respective Lives their own or others during which such Dividends Shares Annuities or other Benefits should continue respectively that then his her or their Nominees shall be entred in the Books kept in the Receipt for the Nominees And every such Contributor his or her Executors Administrators and Assigns shall have receive and enjoy such and the like Dividends Shares and Annuities and other Benefits in respect of the Monies so contributed as he or she might have had received and enjoyed if the respective Lives for the same had been named within the respective times by the said Act prescribed V. The Surplus to their Majesties not to be charged with any Gift c. Provided that the Surplus or Remainder of the Monies arising by the said Rates and Duties appointed by the said Act be to the use of their Majesties their
their Agents which are possess'd of Fortunate Lots shall appear with the said numbred Tickets before the Managers that so the Managers may write down the Names of the Fortunate Lots and the several yearly Sums thereon written and to whom they belong Fortunate Tickets to be printed Differences to be determined c. Forging of Tickets Felony and the number of the Ticket against each Fortunate Ticket And for the better satisfaction of the Fortunate Adventurers the yearly Annuities shall be printed And if any Contentions shall arise the major part of the Commissioners shall determine the same All Forgers of Counterfeit Tickets knowing the same to be so and being thereof legally convict shall be punished as Felons XXIX The Managers to prepare a Parchment Book Names of Persons and Plates of Abode wherein shall be entred the Names and Sirnames of Persons entituled to Fortunate Tickets and their respective Places of Abode and the yearly Annuities they are to have This Book to be signed by the Managers and to be transmitted by the first day of March 1694. into the Office of the Auditor of the Receipts of the Exchequer and a Duplicate thereof shall be transmitted to the Officer of the Transfer Office herein after mentioned Annuities when to be paid The Annuities to be paid by half-yearly Payments viz. at Lady-day and Michaelmas or within twenty days after the first payment to be at Lady-day 1695. The Lots which are not Fortunate shall have 20 s. per Annum paid every Michaelmas or twenty days after the first payment to be at Michaelmas XXX All Persons commissionated by their Majesties to be Managers and Directors in this Act shall before they act take the following Oath viz. The Managers Oath I A. B. do swear that I will faithfully execute the Trust reposed in me And that I will not use any indirect Art or Means or permit or direct any Person to use any indirect Art or Means to obtain a Prize or Fortunate Lot for my Self or for any other Person whatsoever And that I will do my utmost endeavour to prevent any smister or undue Practice to be done by any Person whatsoever And that I will to the best of my Judgment declare to whom any Prize Lot or Ticket of Right does belong according to the true intent of this Act. By whom to be administred The residue of the 140000 l. per Ann. imployed The said Oath may be administred by any two or more of the other Managers or Directors XXXI Out of the residue which in any case will not exceed 2500 l. per Annum of the said yearly Sum of 140000 l. per Annum after paying or leaving sufficient to pay all the said Annuities belonging to the Fortunate and other Lots it shall be lawful to reward the Managers Clerks and Officers as shall be thought fit by their Majesties or the Commissioners of the Treasury XXXII Allowance for paying before-hand He that pays his 10 l. before the 10th of September shall have allowance for Interest after 14 l. per Gent. from the time of payment till the 29th of September 1694. And the Receiver shall have allowance as the Commissioners of the Treasury shall think fit not exceeding 1 d. in the Pound XXXIII Transfer Office to be erected the Books and Tickets to be delivered there and how to be managed And for the due payment of the said Annuities and making them safe and easie to the Adventurers there shall be a Transfer Office erected in London and a Commissioner or Chief Officer appointed by their Majesties under the Great Seal of England After the adjusting the Fortunate Lots abovesaid by the said Managers all the Ticket-Books and Tickets which shall remain in the Hands of the Managers except that Book which is to be transmitted into the Exchequer shall be committed to the Commissioner of the Transfer Office who is also to receive in all the ten pound Tickets delivered out and to deliver out to the Bearer of each of those Tickets sixteen Vellom Tickets for the sixteen yearly Payments upon the Annuities of 20 s. per Annum and two and thirty Vellom Tickets for the two and thirty half-yearly Payments upon the higher Annuities To discover a Ticket to be disposed whether it be true or false And that Books upon a particular sort of Vellom or Paper on the backside clouded shall be printed to contain as many Tickets as be necessary for this purpose and that three of one sort be alike numbred and flourished That the middle Ticket of the three be cut off Indent-wise to be delivered out as aforesaid That one of the other three be bound up in a Book to remain in the Transfer Office for any Person to know whether the Ticket that is offered to be disposed be a true or false one And that the other of the three be bound up in a Book and delivered into the Exchequer to pay by How to make the payment easie to the Adventurers and safely to assign and transfer when the middle Ticket becomes payable And that the middlemost Ticket that shall be delivered to any one that shall be entituled to a Fortunate Lot be signed by the Commissioner of the Transfer Office or his Deputy And that at some time within forty days before the growing due of the payment of the said Annuities the Commissioner of the Transfer Office or his Deputy shall examine the Ticket for that particular Payment and if it answers the Counterpart in that Office he shall sign the Examination thereof without Fee and then the Officer of the Exchequer examining the same and finding it to answer the Counterpart lodged in his Office he shall take it up and the Contents thereof to the Bearer at the time appointed for the payment thereof without any farther Warrant or Order And that the Tickets for 20 s. per Annum shall be paid at the Exchequer without any farther Examination 20 s. Tickets where to be paid False Ticket to pay 5 l. Warrant or Order by the Commissioner of the Transfer Office And if a false Ticket be found that the Officer of the Transfer Office or Exchequer do cut a Slip out of it and the Person that brings it be liable to pay a Fine of 5 l. and for want of payment to be committed to prison XXXIV 1 d. for examining a Ticket The Fee for examining a Ticket in order to make a true Assignment or Transfer other than to obtain the Payment thereof in the Exchequer as aforesaid shall be 1 d. XXXV Counterfeit Ticket within what time to be proved If any Person takes a counterfeit Ticket and does not come to the Office to prove it within ten days after his receipt thereof in London or within ten miles of London or within thirty days after the receipt of it in any other part of England that then the Party that sold it shall not be liable to any damage or to
And in case they be not sufficient then the Loans which shall remain unsatisfied and their Interest shall be repaid out of the next Aids or Supplies granted in Parliament and shall be transferred thereunto as soon as any such Aid or Supply shall be granted to their Majesties For want of such Aids to be supplied out of the Treasury And if no such Aids or Supplies be granted before the 2d of February 1694. then the Sums so borrowed and their Interest shall be paid out of their Majesties Treasure not appropriated to any particular use by Act of Parliament before this time made XXX That out of the Mony to be levied by this Act or another Act of this present Session of Parliament Entituled An Act for granting to their Majesties certain Rates and Duties upon Salt and upon Beer Ale and other Liquors for securing certain Recompences and Advantages in the said Act mentioned to such Persons as shall voluntarily advance the Sum of 1000000 l. towards carrying on the War against France or any other Act of this present Session of Parliament by which any Aids shall be granted to their Majesties towards the carrying on the said War and which shall be paid into the Exchequer as well upon Loans as otherwise except only the Mony appropriated to pay the Recompences in this and the before recited Act the Sum of 1500000 l. over and above the Sum of 1000000 l. appropriated by an Act of this present Session of Parliament Entituled An Act for granting to their Majesties an Aid of 4 s. in the Pound for one Year for carrying on a vigorous War against France Monies appropriated to the use of the Navy and Ordnance and Land Forces is appropriated for the Services of the Navy and Ordnance performed and to be performed And that all other Monies to be paid by this or any other Act of this present Session of Parliament not appropriated to the use of the Navy or to pay the Recompences aforesaid into the Receipt of the Exchequer as well upon Loans as otherwise shall be appropriated to the payment of their Majesties Land Forces and Armies Ordnance Ammunition and other Charges incident to the War and not otherwise XXXI Mony to be applied to the use of the Navy The half of the Mony paid into the Receipt of the Exchequer by this Act or any other of this present Session of Parliament except the Act for granting an Aid of 4 s. in the pound for one year c. and except what is appropriated to pay the Recompences aforesaid and except also one other Act Entituled An Act to supply the deficiency of the Menies raised by a former Act Entituled An Act for granting to their Majesties certain Rates and Duties of Excise upon Beer Ale and other Liquors for securing certain Recompences and Advantages in the said Act mentioned c. shall be applied to answer the said Sum of 1500000 l. hereby appropriated to the use of the Navy until the same shall be paid XXXII Mony to pay Seamens Wages That out of the Sum of 1500000 l. and out of the Sum of 1000000 l. appropriated for the use of the Navy the Sum of eleven hundred fifty six thousand nine hundred ninety four pounds shall be applied to pay Wages to Officers and Seamen and other Services belonging according to the course of the Navy to the Head of Wages Marine Regiment and to pay the Officers and Souldiers of the two Marine Regiments And that twelve hundred fifty seven thousand two hundred sixty and six pounds be applied to pay for Victuals Victuals and Stores necessary Provisions and Stores and other extraordinary Services of the Navy and Ordnance eighty five thousand seven hundred and forty pounds to pay the Wages of the Yards Yards c. and other ordinary Services of the Navy XXXIII The Rules and Directions appointed in one Act made in the first Year of their Majesties Reign Entituled Former Act revived for the better executing this Act. An Act for a Grant to their Majesties of an Aid of 2 s. in the Pound for one Year for the speedy payment of Mony thereby granted into the Receipt of the Exchequer by the Collectors and Receivers and for distribution and application thereof and keeping distinct Accounts of the same and all the Penalties and Forfeitures in case of diversion of any Mony thereby appropriated are hereby revived and enacted to be executed and put in ure concerning the distribution and application of the said Sums hereby appropriated as fully and effectually as if the same were here particularly repeated and re-enacted XXXIV The Commissioners of the Customs from and after the end of this Session of Parliament shall mark and seal Lustrings and Alamodes c. to be markt and sealed by the Commissioners of the Customs or cause to be markt and sealed all Lustrings and Alamodes which are now imported and in the Hands of any Person or Persons whatsoever and also of all the said Stuffs so called which shall be hereafter imported and keep an Entry and Registry thereof in the Custom-House in a Book for that purpose provided Those imported already to be so markt sealed or registred within twenty days of the said time for which there shall be no Fee or Reward paid and those hereafter imported from the time aforesaid to be so markt sealed and registred without any Fee before they be delivered out of the Custom-House Ware-House And all Lustrings and Alamodes imported after the 15th day of May 1694. Penalty of unsealed Goods and not so sealed and markt shall be forfeited and the Importers or Possessors thereof subject to such and the like Penalties and Forfeitures as Importers of French Goods by one Act made in the first Year of their Majesties Reign Entituled An Act for prohibiting all Commerce and Trade with France to be recovered as therein directed Counterfeiting Mark or Seal 500 l. And if any Person or Persons shall alter or counterfeit the Marks or Seals used for that purpose the Offender shall forfeit 500 l. to any that will sue for the same in any of their Majesties Courts of Record at Westminster XXXV Whereas it is enacted in one Act of this present Session of Parliament Entituled An Act for granting to their Majesties an Aid of 4 s. in the Pound for one Year c. that over and above the Ships of War for the Line of Battail and for Convoys to remote Parts at the least four Ships of the third Rate and sixteen of the fourth Rate thirteen of the fifth Rate and ten of the sixth Rate shall be from time to time directed and appointed by the Lord High-Admiral or the Commissioners for executing that Office Commissioners of the Admiralty to certifie at the next Sessions of Parliament what Ships have been set out and the Places where to such proper Stations as they shall deem meet to cruise for securing Merchants Ships in their going