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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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AN EXACT Abridgment Of all the STATUTES OF King WILLIAM AND Queen MARY Now in Force and Vse By J. Washington Esq LONDON Printed by the Assigns of the Kings Printers And by the Assigns of R. Atkins and E. Atkins Esquires And are to be sold by M. Gilliflower S. Keble D. Brown W. Rogers T. Goodwin A. Churchill and J. Walthoe 1694. THE TITLES Of all the STATUTES Contained in this ABRIDGMENT Now in Force and Vse 1. AN Act for removing and preventing all Questions and Disputes concerning the assembling and sitting of this present Parliament 2. An Act for reviving of Actions and Process lately depending in the Courts at Westminster and discontinued by the not holding of Hillary-Term and for supplying other Defects relating to Proceedings at Law 3. An Act for establishing the Coronation Oath 4. An Act for the abrogating of the Oaths of Supremacy and Allegiance and appointing other Oaths 5. An Act for the removing Papists and reputed Papists from the Cities of London and Westminster and ten Miles distance from the same 6. An Act for the taking away the Revenue arising by Hearth-Mony 7. An Act for the explaining and making effectual a Statute made in the first Year of King James II. concerning the Haven and Piers of Great Yarmouth 8. An Act for the encouraging the Exportation of Corn. 9. An Act for preventing Doubts and Questions concerning the collecting the Publick Revenue 10. An Act for the better securing the Government by disarming Papists and reputed Papists 11. An Act That the Simoniacal Promotion of one Person may not projudice another 12. An Act for rectifying a Mistake in a certain Act of this present Parliament For the amoving Papists from the Cities of London and Westminster 13. An Act for exempting their Majesties Protestant Subjects dissenting from the Church of England from the Penalties of certain Laws 14. An Act for enabling Lords Commissioners for the Great Seal to execute the Office of Lord Chancellor or Lord Keeper 15. An Act for the Exportation of Beer Ale Syder and Mum. 16. An Act for reviving two former Acts for exporting of Leather 17. An Act to regulate the Administration of the Oaths required to be taken by Commission or Warrant Officers employed in their Majesties Service by Land by virtue of an Act made this present Session of Parliament Entituled An Act for the abrogating of the Oaths of Supremacy and Allegiance and appointing other Oaths 18. An Act to vest in the two Universities the Presentations of Benefices belonging to Papists 19. An Act for taking away the Court holden before the President and Council of the Marches of Wales 20. An Act for appropriating certain Duties for paying the States General of the United Provinces their Charges for his Majesties Expedition into this Kingdom and for other Uses 21. An Act for Relief of the Protestant Irish Clergy 22. An Act to repeal the Statute made in the fifth Year of King Henry IV. against the multiplying of Gold and Silver 23. An Act for the better preventing the Exportation of Wooll and encouraging the Woollen Manufactures of this Kingdom 24. An Act for explaining part of an Act made in the first Year of King James I. concerning Tanned Leather 25. An Act for prohibiting all Trade and Commerce with France 26. An Act declaring the Rights and Liberties of the Subject and settling the Succession of the Crown 27. An Act for preventing all Doubts and Questions concerning the collecting the Publick Revenue 28. An Act for the charging and collecting the Duties upon Coffee Tea and Chocolate at the Custom-house 29. An Act for preventing venatious Suits against such as acted in order to the Bringing in their Majesties or for their Service 30. An Act for the better Security and Relief of their Majesties Protestant Subjects of Ireland 31. An Act for Recognizing King William and Queen Mary and for avoiding all Questions touching the Acts made in the Parliament assembled at Westminster the thirteenth day of February 1688. 32. An Act for granting to their Majesties for their Lives and the Life of the Survivor of Them certain Impositions upon Beer Ale and other Liquors 33. An Act for granting to their Majesties a Subsidy of Tunnage and Poundage and other Sums of Mony payable upon Merchandizes exported and imported 34. An Act for enabling the Sale of Goods distrained for Rent in case the Rent be not paid in a reasonable time 35. An Act for the Exercise of the Government by Her Majesty during his Majesty's Absence 36. An Act to declare the Right and Freedom of Election of Members to serve in Parliament for the Cinque Ports 37. An Act for reversing the Judgment in a Quo Warranto against the City of London and for restoring the City of London to its ancient Rights and Priviledges 38. An Act for the discouraging the Importation of Thrown-Silk 39. An Act for the King and Queens most Gracious General and Free Pardon 40. An Act concerning the Commissioners of the Admiralty 41. An Act for granting to their Majesties certain Impositions upon all East-India Goods and Manufactures and upon all Wrought Silks and several other Goods and Merchandize to be imported after the 25th day of December 1690. 42. An Act for the continuance of several former Acts therein mentioned for the laying several Duties upon Wines Vinegar and Tobacco 43. An Act for reviving a former Act for regulating the Measures and Prices of Coals 44. An Act for paving and cleansing the Streets in the Cities of London and Westminster and Suburbs and Liberties thereof and Out-Parishes in the County of Middlesex and in the Borough of Southwark and other Places within the Weekly Bills of Mortality in the County of Surry and for regulating the Markets therein mentioned 45. An Act for the encouraging the Distilling of Brandy and Spirits from Corn and for laying several Duties on Low-Wines or Spirits of the first Extraction 46. An Act for granting to their Majesties several additional Duties of excise upon Beer Ale and other Liquors for four Years from the time that an Act for doubling the Duty of Excise upon Beer Ale and other Liquors during the space of one Year doth expire 47. An Act for preventing vexatious Suits against such as acted for their Majesties Service in Defence of the Kingdom 48. An Act for the more effectual putting in Execution an Act Entituled An Act for prohibiting all Trade and Commerce with France 49. An Act for Relief of poor Prisoners for Debt or Damages 50. An Act for abrogating the Oath of Supremacy in Ireland and appointing other Oaths 51. An Act for the better ascertaining the Tithes of Hemp and Flax. 52. An Act for the Encouragement of the Breeding and Feeding of Cattle 53. An Act to take away Clergy from some Offenders and to bring others to punishment 54. An Act for the more effectual discovery and Punishment of Deer-stealers 55. An Act for the better explanation and supplying the Defects of the former Laws for the
said Commissioners shall from time to time if required and at the end of their Proceedings by virtue of this Act give an Account thereof in writing under Five or more of their Hands and Seals to the King and Queen and both Houses of Parliament at their next Meeting VII All Accountants shall make their Accounts in the Exchequer as formerly this Act notwithstanding VIII The Powers hereby Granted shall endure for one Year from the 25th day of January 1690. and no longer IX The Lords Commissioners of the Treasury shall pay 500 l. to each Commissioner for his Care and Pains herein X. The said Commissioners or any Five or more of them shall take an Account what Sums of Money were ordered and paid during the late King James his Reign for Repairing the Fleet and how the same hath been disposed of XI This Act shall give no Authority to the said Commissioners to demand an Account of Money paid to Their Majesties Privy Purse or expended for secret Service XII Nothing in this Act shall hinder the said Commissioners from requiring an Account upon Oath of Pensions Salaries and Sums of Moneys paid or payable to Members of Parliament XIII Stat. 4 5 W. M. c. 11. Sir Thomas Clarges Kt. Sir Peter Colliton Bar. Sir Samuel Barnardiston Bar. Sir Benjamin Newland Kt. Sir Matthew Andrews Kt. Paul Foley Esq and Robert Harley Esq or any four or more of them are hereby constituted Commissioners for taking an Account of the Publick Revenue of the Crown and all other Accounts which by an Act made in the Second Year of Their Majesties Reign Entituled An Act for Appointing and Enabling Commissioners to Examine Take and State the Publick Accounts of the Kingdom were to be taken by Commissioners thereby constituted and the said Act is hereby revived and shall be in force from the 24th of April next to the 25th of April 1694. and be executed by the Commissioners herein named or any four or more of them And the Lords Commissioners of the Treasury shall issue and pay the like Allowances for Clerks and other Charges as the said Act directs and the like quarterly Payments to the Commissioners hereby constituted as by the said Act is appointed to the Commissioners therein named and the Commissioners hereby constituted shall take Accounts of all Their Majesties Revenue and other publick Moneys due and payable to them between the 5th day of November 1688. and the 25th day of April 1694 not yet accounted for by virtue of the said recited Act or the last Clause touching Publick Accounts in one Act in the Third Year of Their Majesties Reign Entituled An Act for Raising Money by a Poll c. Admiralty I. Sat. 2 W. M. Sess 2. c. 2. All and singular Authorities Jurisdictions and Powers which by Act of Parliament or otherwise are vested in the Lord High Admiral of England for the time being have always appertained to and shall be used and executed by the Commissioners of the Admiralty as if they were Lord High Admiral II. Every Officer present upon Tryals of Offenders by Courts Martial to be held by virtue of any Commission granted by the Lord High Admiral or Commissioners of the Admiralty shall before any proceeding to Tryal take this Oath to be administred by the Judge Advocate or his Deputy viz. You shall well and truly try and determine the matter now before you between our Sovereign Lord and Lady the King and Queens Majesties and the Prisoner to be tryed So help you God Bails I. Stat. 4 5 W. M. c. 4. The Judges of the Kings Bench or any two of them whereof the Chief Justice to be one for the Court of Kings Bench and the Judges of the Common-Pleas or any two of them whereof the Chief Justice to be one for the Court of Common-Pleas and the Barons of the Colf of the Exchequer or any two of them whereof the Chief Baron to be one for the Court of Exchequer may by Commissions under the Seals of the said respective Courts from time to time Impower such Persons other then common Attorneys and Solicitors as they shall think fit in all and every the Counties of England and Wales and Town of Berwick to take such Recognizances of Bails as any Persons shall be willing to make before them in any Action or Suit depending or to be depending in the said Courts in Manner and Form as the Justices and Barons of the said Courts have used to take the same Which Recognizances shall be transmitted to some one of the said Justices or Barons respectively who upon Affidavit made of the due taking thereof shall receive the same upon payment of the usual Fees Which Recognizance shall be of like effect as if it were taken de bene esse before any of the said Justices or Barons For taking which Recognizances the Persons impowered shall receive Two Shillings and no more II. The Justices and Barons respectively shall make such Rules for the justifying such Bails as to them shall seem meet so as the Cognizors be not compell'd to appear in person in any of the said Courts unless they live in London or Westminster or within ten Miles thereof to justifie themselves but the same is hereby directed to be determined by Affidavits taken before the Commissioners III. Any Judge of Assize may take such Recognizances which shall be transmitted and received as aforesaid without Oath upon payment of the usual Fees IV. Persons representing or personating others before any impowered by this Act to take Bails shall be adjudged Felons Beer c. I. Stat. Ann. 1. W. M. Sess 1. cap. 22. From and after the twenty fourth of June 1689. any Person may ship off within any of the usual and allowed Ports by Law and at the common Keys and within the usual hours of Excise to be Exported into Foreign Parts in the presence of a sworn Officer to be appointed by the Farmers c. of Excise within the limits where the same shall be shipp'd any strong Ale strong Beer Cyder or Mum paying Custom for the same after the Rate of 1 Shilling per Tun and no other Duty Such Officer to certifie the quantity so shipp'd off to the Commissioners and Officers of Excise where the Entry thereof shall be made who are hereby required to make Allowance or repay the Excise of the Beer Ale Cyder or Mum so Exported to the Brewer or Maker thereof within one Month after such Exportation deducting Three pence per Tun for the Charges of their Officers II. If any Merchant Master of Vessel or other Person shall cause or suffer any Liquors so shipped to be laid on Land or put into any other Vessel within England Wales or the Town of Berwick he shall forfeit the same and 50 l. more for every Cask so unduly landed or put on Board any Vessel the one Moiety to the King and Queen the other to the Informer And Their Majesties Commissioners and Officers of the
d. For every Barrel of Vinegar or Vinegar-Beer made of English Materials 1 s. 6 d. For every Barrel of Vinegar or Liquor prepared for Vinegar made for Sale of Foreign Materials 4 s. For every Barrel of Beer Ale or Mum Imported 3 s. For every Tun of Cyder or Perry Imported 4 l. For every Gallon of Single Brandy Spirits or Aqua vitae Imported 2 s. For every Gallon of Brandy Spirits or Aqua vitae above Proof Imported 4 s. For all Cyder and Perry made and sold by Retail to be paid by the Retailer for every Hogshead 1 s. and 3d. For Metheglin and Mead made for Sale to be paid by the Maker for every Gallon 3 d. II. If any Distiller or Maker of Low Wines shall after the 20th Day of July 1689. after an Account taken by the Gauger of the Quantity of his Wines dispose of the same without drawing them off a second time he shall Forfeit for every Gallon so disposed of 5 s. III. The Duties hereby Imposed shall be Raised in Manner and Form and under such Penalties as are mentioned in one Act of Parliament made in the 12th year of the Reign of the late King Charles 2d Entituled An Act for taking away the Court of Wards and Liveries c. and by one other Act made in the 15th year of the said King's Reign Entituled An Additional Act for the better Ordering and Collecting the Duties of Excise c. or by any other Law now in force relating to the Excise not otherwise herein and hereby altered and provided against IV. Every Thirty four Gallons of Beer or Ale according to the Standard of the Ale-Quart Four whereof shall make the Gallon shall be reckon'd a Barrel of Beer or Ale And the Allowances appointed to be made within the Weekly Bills of Mortality for waste by filling and leakage shall be Two Barrels and a half upon every Twenty three Barrels and no more V. When it shall appear to the Gauger that any Worts are missing or not let fairly down into the Tun and the Gauger cannot find the same the Gauger shall charge the Brewer c. with so much Beer or Ale as the Worts missing would reasonably make VI. Gaugers may make their Returns and Charges upon warm Worts and make Allowance of a Tenth part thereof for Wash and Waste such Worts not to be afterwards charged with any Duty of Excise VII No Retailer of Beer or Ale shall during the continuance of this Act or of the Duties hereby imposed be impleaded for uttering Beer or Ale at any higher Prices then the Price heretofore appointed VIII In case any Distiller or Maker of Strong Waters Aqu●vitae or Spirits shall upon request or demand made by the Gauger in the Day-time or the Night-time in the presence of a Constable refuse to permit the Gauger to enter his House c. he shall incur the Penalties by the said former Acts inflicted and the Prosecutor shall not be obliged to prove that such Offenders delivered out part of their Commodities before they had cleared the Duties IX Whereas it is Enacted by the said Act of the 15th of K. Charles II. That no common Brewer shall be prosecuted for any Misentry if within one Week after the delivery of the Copy of the Gauger's Return he certifie his Entry made for the Week for which such Copy is delivered according to such Return or otherwise discharge himself Be it Enacted That no Brewer shall have any benefit of that Proviso upon any Information if it shall appear upon Evidence that he did not bona fide shew to the Gauger all the Beer Ale and Worts of every Guile for such time for which such Copy of the Return was given Or if any apparent Fraud was acted to defraud Their Majesties of Their Duty X. Common Brewers and Retailers of Beer and Ale who contrary to the said Act made in the 15th year of K. Charles II. shall use any private Cellar c. shall forfeit 50 l. for every such Offence and for mixing concealing or conveying away any Worts contrary to the said Act shall forfeit 20 l. a Barrel XI True Notes in Writing of the last Gauges taken shall be left by the Gaugers with all Brewers c. containing the Quantity and Quality of the Liquors gauged on pain to forfeit 40 s. for every Neglect XII The Commissioners of Excise or Appeals or Justices of Peace upon Complaint made to them on behalf of the Brewers c. of any Overcharge return'd by the Gaugers shall hear and determ●ne the same and examine Witnesses upon Oath on both sides XIII For the ease of the Inhabitants in the County of Anglesey living remote from the Market-Town there shall be Offices kept for making Entries and Payments in Holy-head Newborough and Llanerchthmeth as well as in Beaumaris XIV No Commissioner or other Person employed about the Excise shall demand or receive any Money or other Reward from any Person but Their Majesties on Pain to forfeit their Offices and being uncapable of executing any Office in the Excise XV. No Information shall be brought against any Brewer or other for any Misentry made after the 24th day of July 1689. but within 3 Months after the Offence committed and notice thereof shall be given to the Defendants in Writing or left at their Dwelling-houses within a Week after the Information entred XVI From the 1st day of September 1689. no Brewer or Retailer of Beer or Ale shall use in working any Beer or Ale any Molossus course Sugar Hony or Composition or Extract of Sugar on Pain to forfeit all such Liquors and the Sum of 100 l. one Moiety to Their Majesties and the other to the Informer so as the Suit be commenced within 6 Months after the Forfeiture incurred XVII When Malt or Barley shall be at 24 s. a Quarter or under and Rye at 32 s. or under and Wheat at 48 s. or under in Berwick Merchants and others who shall export the same in English Shipping the Master and two Thirds of the Mariners at least being English and shall pursue the Methods and Things prescribed in that behalf in an Act made this Session Entituled An Act for the Encouraging the Exportation of Corn shall have the benefit and Advantage of the said Act as if the said Corn had been shipp'd from any Port of England or Wales XVIII If any Merchant or other Person put on Ship-board any Scotch Corn at Berwick it shall be forfeited one Third part to Their Majesties another Third part to the Informer and a Third part to the Poor of the Town of Berwick XIX Stat. 2. W. M. Sess 1. cap. 3. The several Rates Duties and Impositions upon Beer Ale Cyder and other Liquors mentioned in an Act of Parliament made in the 12th year of the Reign of K. Charles II. Entituled A Grant of certain Impositions upon Beer Ale and other Liquors for the Encrease of His Majesties Revenue during His Life except such of them
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
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
the Fourth It was Enacted That none from thenceforth should use to multiply Gold or Silver or use the Craft of Multiplication and if any the same do they should incur the pain of Felony Be it Enacted that the said Branch Article or Sentence be Repealed II. Provided that all Gold and Silver that shall be Extracted by the Art of Melting and Refining Metals and otherwise Improving them and their Ores shall be employed for the encrease of Moneys and no otherwise and that the Place hereby Appointed for the disposal thereof shall be the Mint in the Tower of London where they shall receive the Value of their Gold and Silver so Extracted III. No Mine of Copper Tin Iron or Lead shall hereafter be adjudged to be a Royal Mine though Gold or Silver may be Extracted out of the same Government I. Stat. 1. W. M. Sess 1. cap. 2. An Act for Impowring His Majesty to Apprehend and Detain such Persons as he shall find just cause to suspect are Conspiring against the Government EXP. II. Stat. 1. W. M. Sess 1. cap. 7. An Act for Impowring His Majesty to Apprehend and Detain such Persons as he shall find just Cause to suspect are Conspiring against the Government III. Stat. Ann. 1. W. M. Sess 1. cap 19. All Persons that shall be in Prison the 25th Day of May 1689. or after by Warrant of Their Majesties Privy Council Signed by Six of the Council for Suspicion of High Treason or Treasonable Practices may be detained in Custody without Bail or Main-prize till the 23d Day of October 1689. And no Judge or Court of Justice shall Bail or Try any such Persons without Order from Their Majesties Privy Council Signed by Six till the said 23d of October IV. From and after the said 23d of October such Persons shall have the Benefit of the Habeas Corpus Act and of all other Statutes providing for the Liberty of the Subjects V. Nothing in this Act shall extend to Prejudice the Ancient Rights and Priviledges of Parliament VI. A true Copy of every Warrant for such Commitment shall be Entred and Kept by the Clerks of the Privy Council in a Book apart and Signed by such of the Privy Council as shall Grant the Warrant and no Warrant not so Entred and Signed and Kept shall be adjudged to be a Warrant by Virtue of this Act. VII Stat. 2. W. M. Sess 1. cap. 6. Whensoever and as often as His Majesty shall be absent out of England It shall be Lawful for the Queen to Exercise and Administer the Regal Power and Government in the Names of both Their Majesties for such time only during Their Joint Lives as His Majesty shall be absent out of England VIII Nothing in this Act shall debar His Majesty during such absence from the Exercise of Administration of any Act or Acts of Regal Power or Government and neither the passing this Act nor His Majesties Royal Voyage or Absence shall Dissolve this present Parliament or determine any Commissions Granted by His Majesty nor avoid any other Act of Government executed or to be execured by him IX Provided That as often as His Majesty shall return into England the sole Administration of the Regal Power and Government shall be in His Majesty only Hair-Buttons I. STat. 4. 5. W. M. cap. 10. No Foreign Buttons made of Hair nor other Foreign Buttons whatsoever shall be Imported or Bartered Sold or Exchanged on pain to Forfeit the Buttons so Imported Bartered Sold or Exchanged and under such farther Penalties as are expressed in an Act made in the 14th year of the Reign of the late King Charles 2d Entituled An Act Prohibiting the Importation of Foreign Bone lace Cut-work Imbroidery c. One Moiety to Their Majesties and the other to the Informer II. The Justices of Peace within their respective Divisions shall have the same Authority and Power to issue their Warrants to seize all Foreign Buttons whatsoever that by the said Act is given them to seize Foreign Buttons made of Thread and Silk Hearth-Doney I. Stat. 1. W. M. Sess 1. cap. 10. An Act made in the Parliament begun at Westminster the 8th of May in the 13th year of King Charles 2d Entituled An Act for the Establishing an Additional Revenue upon His Majesty His Heirs and Successors for the better Support of His and Their Crown and Dignity And another Act made in the Second Session of the said Parliament in the 15th year of the said King's Reign Entituled An Additional Act for the better Ordering and Collecting the Revenue arising by Hearth-Money And another Act made in the 16th year of the said King's Reign Entituled An Act for Collecting the Duty arising by Hearth-Money by the Officers to be Appointed by His Majesty are hereby Repealed and made Void II. Nothing in this Act shall hinder or prejudice the Levying the said Revenue arising by Hearth-money which shall grow due on the 25th of March 1689. and all Arrears of the said Duty now due and payable by the said Acts. High-ways I. Stat. 3 4 W. M. cap. 12. The Laws and Statutes in force touching the High ways not hereby altered or repealed shall be put in Execution II. Upon the 26th day of Decemb. yearly unless that day be Sunday and then on the 27th day the Constables Headboroughs Tything-men Churchwardens Surveyors of the High-ways and Inhabitants in every Parish shall assemble and the major Part of the Assembly shall make a List of the Names of a competent Number of the Inhabitants who have an Estate in Land in their own Right or their Wives of 10 l. per annum or a personal Estate of 100 l. or are Occupiers of Houses Lands c. of the yearly value of 30 l. if such there be and if not then a List of the most sufficient Inhabitants and return it to Two or more Justices of the Peace at a Special Sessions to be held for that purpose on the third day of January next following or within Fifteen days after For which purpose the Justices are required to hold a Special Sessions and to give notice to the Constables Headboroughs c. of every Parish within the Division Ten days before the holding of the same and out of the said Lists by Warrant under their Hands and Seals they shall nominate One Two or more to be Surveyor or Surveyors of the High-ways of every Parish within the Division or for any Hamlet Precinct Town c. of and in the same for the year ensuing Which Nomination shall by the Constables c. be notified to the persons nominated within six days by serving them with the Warrants or leaving the same or a Copy thereof at their Houses And if the Persons so nominated shall refuse or neglect to take upon them the said Office they shall forfeit 5 l. to be on their Goods by Distress and Sale thereof by Warrant of Two Justices of the Peace which Warrant the Justices are
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
French Kings Dominions in Europe into England during the said War without leave obtain'd they shall be kept in Prison without Bail or Mainprize during their Majesties pleasure for any time not exceeding twelve months Tythes I. Stat. 3 4 W. M. cap. 3. All Persons that shall sow or cause to be sown any Hemp or Flax shall pay to every Parson Vicar or Impropriator of the Parish or Place for every Acre so sown pulled or drawn an annual Sum not exceeding 4 s. before it be carried off the Ground and so proportionably for the recovery of which such Parson c. shall have the common and usual Remedy II. This Act shall not charge any Lands discharged by any modus d●cimandi ancient Composition or otherwise III. This Law to continue for seven years and to the end of the then next Session of Parliament Wills I. Stat. 4 5 W. M. cap. 2. From and after the 26th day of March 1693. Persons inhabiting or who shall have any Goods within the Province of York may by their last Wills dispose of all their Personal Estate as they shall think fit and their Widows Children and other Kindred shall be barred to claim any part of the Personal Estate in other manner than as by their Wills shall be appointed II. This Act shall not extend to the Citizens of the Cities of York and Chester who are or shall be Freemen of the said Cities inhabiting within the same or the Suburbs thereof at the time of their death Wool I. Stat. 1 W. M Sess 1. cap. 32. Owners of Wool or their Agents that shall at any time carry or cause to be carried any Wool to any Port or Place on the Sea-Coasts to be conveyed to any other Port or Place in England Wales or Berwick from whence the same may be transported into Foreign Parts shall first cause a due entry thereof to be made at the Port from whence it shall be intended to be conveyed containing the Weights Marks and Numbers thereof before they carry it within five miles of any such Port or Place or else such Wool found and the Beasts and Carriages conveying it shall be forfeited and the Persons conveying driving or abetting the same shall forfeit and suffer as by the Laws and Statutes now in force against the exportation of Wool II. The forgoing Clause shall not extend to hinder any Person from carrying their Wool from the place of Shearing to their own Dwelling-house c. though within five miles of the Sea so as within ten days after Shearing and before they otherwise dispose of the same they certifie under their Hands to the Officers of the Customs in the next Port the quantity thereof viz. the number of the Fleeces and where housed and do not remove the same without first certifying the Officer of the next Port under their Hands of their intention to remove it three days at least before such removal the said Officers to keep and register such Certificate but Persons neglecting to certifie as aforesaid or removing their Wool before such Certificate of their intention shall be liable to the Penalties of the former Clauses III. Cocquets for carrying Wool from any Port in England Wales or Berwick shall be written upon Paper and sign'd by three Chief Officers of such Port at least and Certificates of landing them again at any other of the said Ports or from Ireland shall be so sign'd and all such Wool both at shipping and landing shall be weigh'd in the presence of the said Officers giving such Cocquets and Certificates and the Weight Marks and Numbers of such Wool shipped and landed shall be expressed in both Cocquet and Certificate IV. Officers not observing the Directions of this Act shall be adjudged Abettors of the Transportation and suffer the Penalties contain'd in the Statutes of the 12th and 14th years of King Charles II. against Transportation of Wool V. No Wool shall be shipt from Ireland but from Dublin Waterford Youghall Kinsale Cork and Drogheda nor imported from thence but into Leverpool Chester Bristol Minehead Barnstaple Bidford and Exeter VI. For the better execution of this and other Acts against the Exportation of Wool Sir Tho. P. Lord Mayor of London Sir H. G. Baronet Sir P. W. Kt. Sir B. N. Kt. Sir J. M. Kt. Sir P.R. Kt. Sir R.D. Sir W.P. Kt. and Bar. Sir H.A. Bar. Sir W.A. Kt. Sir R. N. Sir J. F. W. H. J. S. J. S. F. O. J. P. R. B. W. C. E. M. Esquires S. H. W. H. Senior J. P. J. V. J. G. B. C. Gentlemen Mr. M. of Horton Sir T. S. Bar. W. D. Esq J. A. of Woley Esq Sir W. L. Sir J. P. Kt. Sir B. A. Bar. Sir R. J. Kt. Sir J. L. Kt. Sir G. R. Kt. Sir S. D. Kt. Sir T. V. Kt. N. T. W.H. T.C. W.G. H.S. S.M. J.S. T.F. A.M. W.C. T.H. T.S. W. J. Esquires P. S. H. C. J. D. R. S. D. P. T. C. P. B. J. P. R. H. J. B. J. H. E. B. N. B. W. S. B. J. D. J. A. J. T. T. P. P. H. N. J. P. M. F. W. S. J. K. Senior J. M. Junior W.W. J.Y. R. F. J.L. T. P. W.B. J.U. J. S. J.M. or any five or more of them are hereby authorized for putting this and other the said Laws in execution and by their Substitutes to be appointed under the Hands and Seals of five or more of them to seize all Wools Woolfels and other Things above-mentioned which shall be endeavoured to be exported contrary to this Act and to prosecute Offenders against this or any the said Laws VII Owners of Ships Masters or Mariners knowing of the Exportation of any Sheeps-wool Wool-fells Mortlings Shorlings Yarn made of Wool Wool-flocks Fullers-earth or Tobacco-pipe Clay contrary to the meaning of this Act that shall within three months after their knowledge thereof or after their return into England Ireland Wales or Berwick give the first Information thereof and by whom where and in what Vessel upon Oath before any of the Barons of the Exchequer in England or Ireland or any three of the Commissioners appointed by this Act or the Head-Officer of the Port where they shall first arrive and shall be ready to justifie and prove the same shall not be subject to the Penalties of this or any other Act for the said Offence but shall recover and receive such benefit and advantages as are appointed by any precedent Act. VIII The Powers given to the said Commissioners shall not hinder any Persons lawfully authorized from seizing Wool or prosecuting Offenders against this or any former Act. IX If any Prosecution shall be against any Person for what he shall do in pursuance of this Act he may file a Common Bail or enter into a Common Appearance and plead the General Issue and give this Act in Evidence and if the Plaintiff be non-suit or discontinue or a Verdict pass against him or Judgment upon a Demurrer the Defendant shall recover
his Certificate the principal Commissioners of Excise shall pay it and if the Officer refuse to pay or give such Certificate he shall forfeit double the Sum. XI If any Person shall export beyond the Seas any Salt Mony repaid for Salt exported upon Certificate of the Officer as well Foreign as English or any Rock-Salt the Officer where the Salt was made taken out of the Pit or imported and the Duty thereof paid or secured shall upon demand gratis deliver a Certificate under his Hand and Seal that the Duty imposed by this Act on such Salt hath been duly paid or secured and then the Officer where the Salt is exported upon producing the Certificate and Oath made of the shipping of the said Salt and of it s not being relanded in England or Wales shall give a Debenture under his Hand for repayment of the said Duty which being produced to the Officer of the Place where the Duty on the said Salt shall have been paid or secured such Security shall be discharged and the Mony for the Duty of the said Salt shall be repaid upon demand by the said Officer without Fee XII All Salt imported by Sea or Land into England What shall be charged as Foreign Salt Scotch Salt where to be entred Wales or Berwick and not of the Product of any of the said Places shall be adjudged Foreign Salt and so chargeable And all Scotch Salt brought by Land into England shall be entred at Carlisle or Berwick under forfeiture of double the value XIII The Justices of Peace not concerned in making or selling Salt at every Easter and Michaelmas Sessions Justices of Peace to settle the Prices of Salt shall set the Prizes of Salt to be sold by the first Seller for the next half year and none to sell above those Prices under the Penalty of 5 l. and forfeiture of double the value to be levied by distress and sale of the Offenders Goods one half to the King and the other to the Informer XIV No Person shall be capable of acting as chief Commissioner for collecting the said Duties till he hath taken before one of the Barons of the Exchequer the Oaths appointed in the first year of K. William and Q. Mary Entituled Oaths of the Commissioners and other Officers An Act for abrogating the Oaths of Supremacy and Allegiance and the Oath following You shall swear to execute your Office truly and faithfully without Favour or Affection and shall from time to time true Account make and deliver to such Person and Persons as their Majesties shall appoint to receive the same and shall take no Fee or Reward for the Execution of the said Office from any other Person than from their Majesties or those whom their Majesties shall appoint on that behalf The like to be taken by other Officers before two of the chief Commissioners or two Justices of Peace of the Place where he shall be appointed Officer mutatis mutandis XV. The General Issue may be pleaded by the Defendant on Suit General Issue to be pleaded and the Special Matter given in Evidence and if the Verdict pass for the Defendant or the Plaintiff be non-suit he shall have double Costs XVI No Certiorari to supersede No Certiorari shall supersede Execution or other Proceedings upon any Orders made by the said chief Commissioners or Justices of Peace in pursuance of this Act. XVII All Salt shall be measured by a Bushel of eight Gallons Winchester Measure Measures of Salt by fit Measurers sworn and admitted by some neighbouring Justice without Fee upon Forfeiture of double the value of Salt not so measured XVIII No Salt shall be delivered from any Salt-Works or Pits without notice to the Officer Salt not to be delivered without notice to the Officer upon forfeiture of the Salt so delivered and upon forfeiture of 20 l. by the Owner of the Salt-Works one half to the King and the other to the Informer XIX If any of the Salt for which the Duty shall have been repaid and discharged upon the Exportation thereof The penalty of relanding in England by Fraud shall by Fraud or otherwise be landed in England Wales or Berwick before the Duty be again paid and such Entry and all other things performed as are herein before required in case where any Foreign Salt is imported the Offender shall forfeit double the value of such Salt so landed and such other Penalties as are herein inflicted upon any Person landing Foreign Salt contrary to the intent of this Act. XX. If any Merchant being a Subject of this Realm Vessel lost or taken he may buy the like quantity without paying Duty shall ship any Salt that hath paid the Duty to convey it by Sea to any part of England and the Vessel shall happen to be lost or taken he shall upon proof before the Justices at Quarter-Sessions of such loss have a Certificate of it and upon producing the same to any Collector of this Duty the Officer shall let him buy the like quantity without paying any Duty for the same XXI The Owners of any Rock-Salt may remove the same into Ware-houses When the Owner of Rock-Salt shall pay or secure after due entry thereof made and a Warrant or Ticket taken for the same from the Officer next to the Salt-Pits and the Owner shall not be obliged to pay or secure the payment of the said Duty till the said Rock-Salt shall be sold and delivered XXII No Person shall be obliged by Contract before the first of December 1693. Buyer not to deliver till payment secured to deliver any Salt or Rock-Salt unless the Buyer at the time of the delivery pay to the Seller such Mony as he hath paid or secured for the Duty XXIII All Salt made in Cheshire shall be entred by Weight only Salt made in Cheshire how to be entred Pit-Salt how to be entred Refiner of Rock-Salt his allowance 56 l. weight shall be taken to be a Winchester Bushel of eight Gallons Winchester Measure and shall be entred and taxed accordingly And all Salt taken out of the Pits shall be entred by weight only and that six-score pounds weight thereof shall be deemed a Winchester Bushel of eight Gallons Winchester Measure and entred accordingly And where any Rock-Salt shall be melted and resined which had before paid the Duty the Refiner shall have allowance after the rate of 12 d. per Bushel Oath being first made before some Justice of the Peace of the particular quantity by him so imployed XXIV This Branch of the Act concerning Excise upon Beer Ale Cyder and other Liquors herein after expressed over and above all Duties and Impositions by any former Act unexpired commenceth from the 17th of May 1697. and continues for sixteen years and no longer in manner following viz.   l. s. d. Every Barrel of Beer or Ale above 6 s. the Barrel by the Common Brewer or Seller over and above
Arrears thereof and of all Moneys then and before the determination of the said Power in the Hands of the Receiver General or Cashiers of the Customs Excise or Hearth-money and of the Sum of 412925 l. 14 s. 6 d. Granted by an Act of the First Session of the late Parliament Entituled An Act for the Granting a present Aid to Their Majesties and of the Money paid or payable by an Act Entituled An Act for raising Money by a Poll and otherwise towards the Reducing of Ireland and by one other Act Entituled An Act for preventing Doubts and Questions concerning the Collecting the Publick Revenue and by one other Act Entituled An Act for the Grant to Their Majesties of an Aid of 12 d. in the Pound for one Year for the necessary defence of the Realm and of one other Act Entituled An Act for an additional Duty of Excise upon Beer Ale and other Liquors and one other Act For Appropriating certain Duties for paying the States General of the United Provinces their Charges for His Majesties Expedition into the Kingdom and for other Uses and of one other Act of the Second Session of the same Parliament Entituled An Act for preventing all Doubts and Questions concerning the Collecting the Publick Revenue and of one other Act Entituled An Act for a Grant to Their Majesties of an Aid of two Shillings in the Pound for One Year and of one other Act of the same Session Entituled An Act for a Grant to Their Majesties of an additional Aid of 12 d. in the Pound for One Year and of one Act Entituled An Act for Charging and Collecting the Duties upon Coffee Tea and Chocolate at the Custom-house and of one other Act Entituled An Ast for Review of the late Poll granted to Their Majesties and for an additional Poll towards the Reducing of Ireland and by one other Act Entituled An Act for Raising Money by a Poll and otherwise towards the Reducing of Ireland and Prosecuting the War against France and by one other Act Entituled An Act for Granting to Their Majesties for their Lives and the Life of the Survivor of them certain Impositions upon Beer Ale and other Liquors and one other Act Entituled An Act for Granting to Their Majesties a Subsidy of Tonnage and Poundage and other Sums of Money payable upon Merchandizes Exported and Imported and by one other of this Session Entituled An Act for Granting an Aid to Their Majesties of the Sum of 1651702 l. 18 s. and by one other Act Entituled An Act for doubling the Duty of Excise upon Beer Ale and other Liquors during the space of One Year and by one other Act Entituled An Act for Granting to Their Majesties certain Impositions upon all East-India Goods and Manufactures and upon all wrought Silks and several other Goods and Merchandize to be Imported after the 25th Day of December 1690. and by one other Act Entituled An Act for the continuance of several former Acts therein mentioned for the Laying several Duties upon Wines Vinegar and Tobacco and of all Prizes taken since the said Fifth Day of November and of Money paid for the same to any Person Authorised to receive it or otherwise and of all the Crown-Lands First-fruits and Tenths of the Clergy Wine-licences Fines Forfeitures and of all other Branches of the Revenue and all Publick Money whatsoever that hath arisen since the said Fifth Day of November or shall arise before the determination of the Power hereby Granted and how and by and to whom the same hath been disposed or paid and for taking Accounts of all Their Majesties Stores Provisions and Habiliments of War by Land and Sea and to set down what numbers of Ships Yachts or Boats were on the said Fifth Day of November or at any time since and what Sums of Money Provisions Victuals S●oes c. have been provided or paid since the said Fifth Day of November or shall be provided and paid towards the Payment or Maintenance of the Land Forces in England or Ireland or elsewhere or their Forces by Sea and the numbers of them respectively and towards the Building Repairs or Setting out of any Ships or Navies since the said Fifth Day of November and before the determination of the Power aforesaid II. The Auditor of the Receipt in the Exchequer and the Clerk of the Pells there and all other the Officers of the Exchequer and the Receipt thereof the Secretary and Treasurer at War Muster-master and Pay-master of the Land Forces in England and Ireland all Principal Officers and Commissioners of the Navy and Ordnance all Officers and Keepers of Their Majesties Stores and Yards and all Persons employed as Commissioners in and about the Treasury or the Management Ordering Paying or Receiving of Their Majesties Treasure Revenue Provisions or Stores of War and all Persons whatsoever whom the said Commissioners or any Five of them shall think fit to Examine are hereby required to observe such Orders as they or any Five of them shall by writing under their Hands Direct and Ordain for and touching the taking of the said Accounts III. The said Commissioners to sit in the Inner Court of Wards at Westminster or where they think fit with or without Adjournment and to send their Precepts for Persons Books Papers and Records and to Administer an Oath for the better discovery of the Truth of the Inquiries by them to be made and all Bayliffs Constables Sheriffs and other Officers are hereby required to obey and execute their Precepts and the said Commissioners or any Five of them may Employ such Clerks Messengers and Officers as they think fit and give them an Oath for their faithful Demeanour which Clerks and Officers shall take nothing for their Service but such Salary as the Commissioners shall direct IV. Two of the said Commissioners first named in this Act before they enter upon the Execution thereof shall take an Oath before the Chancellour of the Exchequer or the Master of the Rolls in these words viz. I A. B. do Swear that according to the best of my Skill and Knowledge I shall Faithfully Impartially and Truly demean my self in Examining and Taking the Accounts of all such Sum or Sums of Money and other things brought or to be brought before me in Execution of one Act Entituled An Act for Appointing and Enabling Commissioners to Examine Take and State the Publick Accounts of the Kingdom according to the Tenour and Purport of the said Act. V. And every other of the said Commissioners shall take the said Oath before the said two Commissioners VI. The Lords Commissioners of the Treasury shall cause to be paid such Sums of Money not exceeding 2000 l. to such Persons as the said Commissioners or any Five of them shall direct to be employed in the Payment of Clerks Messengers and other Officers and in defraying other necessary Charges the same to be Accounted for by him to whom it is paid according to the course of the Exchequer and the
the Quorum shall set prices of Coals to be sold by Retail And if any Ingrosser or Retailer of Coals refuse to sell as aforesaid the Lord Mayor Aldermen and Justices of Peace respectively shall impower whom they think fit to enter into any place where such Coals are stored up and in case of refusal taking a Constable to force Entrance and to sell the said Coals at the prices set as aforesaid rendring the Money to the Owner Charges deducted This Act to continue for 3 years and to the end of the next Session of Parliament No person sued by virtue of this Act shall be sued upon any other for the same Offence and if any Action be prosecuted for any thing done by colour hereof the Defendant may plead the General Issue and give the Special Matter in Evidence and if the Verdict be found for him or the Plaintiff become Nonsuit he shall recover his Damages and double Costs No Person having any Interest in a Wharf used for Coals or Trading in Coals in his own or any others name or engrossing the same in order to sell them shall intermeddle in the setting the price of Coals Continuance I. Stat. 4. 5. W. M. cap. 24. Entituled An Act for Providing Carriages by Land and by Water for the use of His Majesties Navy and Ordnance shall be in force for Seven years from the 13th day of February 1692. and from thence to the end of the First Session of Parliament then next ensuing II. An Act Entitused An Act for encouraging of Coynage made in the 18th Year of King Charles 2. And another Act made in the 25th Year of the same King Entituled An Act for continuing a former Act concerning Coynage shall be in force from the 13th Day of February 1692 and to the end of the First Session of Parliament then next ensuing III. An Act made in the 2●th and 23th Years of the Reign of the same King Entituled An Act for the better and more certain recovery of Fines and Forfeitures due to His Majesty shall be in force and is hereby made perp●tual IV. All Officers to whom it belongeth to make returns of Estreats into the Court of Exchequer shall upon the delivery in of all and every such Estreat and Estreats take this Oath viz. You shall Swear that these Estrates now by you delivered are trult and carefully made up and examined and that all Fines Issues Americaments Recognizances and Forfeitures which were Set Lost Imposed or Forfeited and in right and due course of Law ought to be estreated into the Court of Exchequer are to the best of your Knowledge and Understanding therein contained And that in the same Estreats are also contained and expressed all such Fines as have been paid into the Court from which the said Estreats are made without any wilful or fraudalent Discharge Omission Misnomer or Defect whatsoever So help you God Which Oath any of the Barons of the Exchequer shall Administer V. An Act made in the 22th and 23th Year of the same King Entituled An Act to prevent the Planting of Tobacco in England and for Regulating the Plantation Trade shall be in full force for Seven Years from the said 13th Day of February 1692. and from thence to the end of the next Session of Parliament VI. An Act made in the 19th Year of the same King Entituled An Act for Assigning Orders in the Exchequer shall be in force for Seven years from the said 13th Day of February 1692. and from thence to the end of the next Session of Parliament VII Whereas an Act made in the 22th and 23th years of the same King Entituled An Act to revice an Act Entituled An Act to prevent the disturbance of Seamen and others and to preserve the Stores belonging to His Majesties Navy Royal with some Alterations and Additions was by an Act made in the 1st Year of the Reign of the late K. James Enacted to be in force for Seven years and from thence to the end of the 1st Session of the next Parliament The said last mentioned Act shall be continued for Seven years from the said 13th of February 1692. and from thence to the end of the next Session of Parliament VIII An Act made in the 22d and 23d of the said K. C. 2. Entituled An Act to prevent Frauds in the buying and selling of Cattle in Smithfield and elsewhere together with a Proviso in an Act made the 1st year of the late K. James for the Reviving and Continuance thereof That the said Act should not extend to Salesmen or Factors employed by Farmers or Feeders shall be in force for Seven years from the 13th of February 1692. and from thence to the end of the next Session of Parliament IX An Act made in the 1st year of Their Majesties Reign Entituled An Act for the better preventing the Exportation of Wooll and encouraging the Woollen Manufacture of this Kingdom except such part thereof as relates to the free Exportation of the Woollen Manufacture shall be in force for Three years from the said 13th day of February 1692. and from thence to the end of the next Session of Parliament X Provided that no Wooll shall be Imported from Ireland into the Port of Exeter any thing in this or any former Act to the contrary notwithstanding XI An Act made the 13th and 14th years of the late King Charles 2. Entituled An Act for the better relief of the Poor of this Kingdom as to all Parts other then what relates to the Corporations thereby Constituted shall be in force for Seven years from the said 13th of February 1692. and from thence to the end of the next Session of Parliament XII An Act made in the 30th year of the late K. Charles 2. Entituled An Act to enable Creditors to recover their Debts of the Executors and Administrators of Executors in their own wrong shall be perpetual XIII And further Executors and Administrators of Executors or Administrators of Right who shall waste or convert to their own Use the Goods or Estate of his Testator or Intestate shall be chargeable as their Testator or Intesta●e should or might have been XIV If any Woman hath been or shall be Convicted of any Felony for which a Man might have the Benefit of Clergy and hath once had or shall have the Benefit of an Act made at the last Session of this present Parilament E●●●ed A● Act to take away Clergy from some Offenders and to being others to punishment and shall be again Convicted of any other Felony such Woman thall be totally excluded from having any other benefit of the said Act. XV. The said last mentioned Act to continue for Three years from the said 13th of February 1692. and from thence to the end of the next Session of Parliament XVI An Act made in the 13th and 14th years of the Reign of the late King Charles 2. Entituled An Act for preventing abuses in Printing Seditions Treasonable and Unlicensed
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
Defendant Costs unless the Judge before whom it shall be Tryed shall at the Tryal in open Court certifie upon Record that there was a reasonable Cause for such Information And in case the Costs be nor paid within Three Months after they are Taxed the Defendants shall have the Benefit of the said Recognizance to compel the payment thereof II. No persons who are or shall be outlaw'd in the said Court for any thing except Treason or Felony shall be compelled to appear in Person to Reverse the same but may appear by Attorney and Reverse the same without Bail except where Special Bail shall be Ordered by the Court. III. And if any person so Outlaw'd be taken upon a Cap. Utlagatum the Sheriff who hath taken him in all Cases where Special Bail is not required by the said Court may take an Attorneys Engagement under his Hand to appear for him and to Reverse the Outlawry and thereupon may discharge the Defendant and where Special Bail is required the Sheriff may take Security of the Defendant by Bond with one or more Sureties in double the Sum for which Special Bail is required and no more for his Appearance at the Return of the Writ and to do and perform such things as shall be required by the Court and after such Bond taken may discharge him IV. If any person so Outlaw'd and Taken upon a Cap. Utlagatum shall not be able within the return of the said Writ to give Security whensoever such Prisoner shall find Surety for his Appearance by Attorney at some return in the Term then next following to Reverse the Outlawry c. the Sheriff may discharge him V This Act shall not extend to Informations in the Name of Their Majesties Coroner or Attorney commonly called the Master of the Crown-Office VI. Upon the Demise of any King or Queen of this Realm all Pleas to Informations shall stand without calling the Defendants to plead anew unless the Defendants request the Court for that purpose within Five Months after such Demise Ireland and Irish-men I. Stat. 1. W. M. Sess 1. cap. 29. No Ecclesiastical person Promoted or Beneficed in Ireland and who hath been forced to forsake that Kingdom being of the Protestant Religion who is or shall be presented c. to any Benefice or Promotion in England shall by acceptance thereof lose any Benefice or Promotion in Ireland but may hold the same till he may and shall be restored to his Promotion or Benefice in Ireland so as he may enjoy the same as before the troubles II. Provided that if such Ecclesiastical person so promoted here shall not within Three Months after the Courts of Justice in Ireland shall be open and furnished with Protestant Judges resign his Benefices and Preferments here and give notice thereof to the Patrons the same shall be void and the Patrons may Present or Collate again III. Such Ecclesiastical person so Promoted to any Benefice c. here shall be exempted from First-Fruits and Tenths IV. Stat. 1. W. M. Sess 2. cap. 9. The persons now or of late Assembled at Dublin without any Authority derived from Their Majesties calling themselves a Parliament were not nor are a Parliament but an Unlawful and Rebellious Assembly and all Acts and Proceedings whatsoever Made Done or Passed in the said pretended Parliament shall be adjudged null and void and no Act Statute Judgment Outlawry Decree Sentence Order or other Proceedings since the 13th Day of February 1688. Had Made Passed Pronounced or Done or to be Had Made Passed Pronounced or Done by any persons whatsoever by colour of any Commission Writ Power or Authority in Ireland other then such as have been or shall be given by or derived from Their Majesties shall be of any Force or Effect V. All Cities Boroughs and Towns and all Bodies Corporate Ecclesiastical or Temporal in Ireland are hereby declared to be Restored to all Intents and Purposes as they were upon the 24th Day of June 1683. any Proceedings against them by Quo warranto Scire facias c. on any Proceedings Judgments or Executions thereon or any New Charter Grant Commission or any Surrender or other Acts since that time to the contrary notwithstanding All which Writs Suits Proceedings Judgments Seizures Executions Charters Grants Commissions and Surrenders are hereby declared Void VI. No persons whatsoever of the Protestant Religion shall be liable to any Loss Forseiture or Prejudice in Estate Office Person or otherwise by reason of their absence out of Ireland at any time since the 25th of December 1685. or for Non-payment of Rent or any other Duty due to Their Majesties or the Crown out or by reason of any Lands Tenements Rectories Tythes or Church Livings since the 25th of December 1688. till such time as the said Kingdom shall be declared by Their Majesties to be Reduced to Their Obedience VII The Protestants of Ireland shall be and are hereby Restored to all their Possessions Ecclesiastical and Temporal in such manner as they or those under whom they Claim had the same on the 25th Day of December 1688. and Pesons detaining such Possessions after a Demand by the Party grieved may be proceeded against as in a Case of a forcible Detainer VIII Stat. 3. 4. W. M. cap. 2. No person Residing in Ireland shall be obliged to take the Oath of Supremacy by virtue of the Statute of primo Eliz. but the Statute and every other Statute for so much as concerns the said Oath are hereby Repealed IX The Oaths Required by this Act to be taken after the 1st Day of January next 1691. shall be taken by the Persons herein after mentioned and such others as were Required by the said Act or any other Statute made in Ireland to take the said Abrogated Oath before such Persons and in such Court as is hereafter expressed viz. Archbishops and Bishops and others of or above the Degree of a Baron of Parliament there and others having any Promotion Office or Employment Ecclesiastical Civil or Military or receiving any Pay Salary Fee or Wages by reason of any Grant from the Crown or being Master Governor Head or Fellow of the University of Dublin or Master of any Hospital or School or Barrister at Law Clerk in Chancery Attorny or Professor of Law Physick or other Science residing in Dublin or within thirty Miles thereof in Hillary-Term next in the Court of Chancery or Kings Bench there between 9 and 12 in the Forenoon and all the said Persons inhabiting at a greater distance at the General Quarter-Sessions where they reside between 9 and 12 before the 25th of July next and shall make subscribe and repeat the Declaration herein after mentioned all which to be put upon Record paying 1 s. And Archbishops Bishops and others having any Ecclesiastical Promotion or being a Lecturer or Curate neglecting so to do shall be ipso facto deprived and be incapable to be Lecturer or Curate any where and others having any Office
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
Majesties Quarters that did belong to the Irish Regiments then in being or were then treated with or who were not Prisoners of War or who had not then taken Protection and have since submitted to their Majesties Obedience from using their Profession or calling of Barrister at Law Clerk in Chancery Attorny or Practiser of Law or Physick XVIII Provided that every such Barrister at Law c. who shall claim any benefit hereby to be exempt from taking the said Oaths c. shall make out his claim thereto according to the qualifications herein before expressed before the Court of Kings Bench in Ireland on or before the last day of Michaelmas-Term next for the recording whereof 1 s. shall be paid and no more and in default of such claim to be excluded XIX If any Person before he have taken the said Oath in the Kings Bench in Ireland or at the General Quarter-Sessions in the place where he inhabits and procured the same to be recorded and obtain'd a Certificate thereof shall practise his Calling or Profession he shall forfeit 500 l. to such as will sue for the same and be uncapable to use or exercise such Profession or Calling XX. Two or more Justices of the Peace whereof one to be of the Quorum shall direct their Warrants to any Constable Tythingman or other Officer to summon any Person of eighteen years of Age or upwards to appear before such Justices to the Oath above-mentioned to be faithful c. and for want of appearance having no lawful let or in case of appearing and refusing to take the said Oath the Justices shall commit such Persons to the common Gaol or House of Correction for three months unless they shall pay down any Sum not exceeding 40 s. as the Justices shall require which Mony shall be paid to the Church-wardens or Overseers of the Poor of the Parish or Place where the Offender last inhabited and after the three months ended two or more Justices shall direct their Warrant to summon such Offender before them to take the said Oath and for want of appearance or in case of refusal to take the said Oath he shall be committed as aforesaid for six months unless he pay down what Sum the Justices shall require not exceeding 10 l. nor under 5 l. to be disposed as aforesaid and unless he become bound with two Sureties to appear at the next Assizes or General Gaol-delivery and in the mean time to be of the Good Behaviour and in case of refusal at the Assizes or General Gaol-delivery such Offender shall incur a Premunire unless such Offender be a Feme Covert who upon such refusal shall be committed only to the Common Gaol till she takes the said Oath XXI It shall be sufficient for Quakers producing a Certificate under the Hands and Seals of six or more of the Congregation to which they belong to make and subscribe the following Declaration viz. I A. B. do sincerely promise and solemnly declare before God and the World That I will be true and faithful to King William and Queen Mary And I do solemnly profess and declare That I do from my Heart c. verbatim as in the Oaths afore-mentioned XXII But no Quakers shall thereby be capable of holding any Office Imployment Salary c. whereunto any Person taking the said Oaths c. shall or may be entituled XXIII This Act shall not be dispensed with by any Warrant or Letters Patents under the Great Seal of England or Ireland but such Dispensations shall be null and void Iudicial Proceedings I. Stat. 1 W. M. Sess 1. cap. 4. Whereas the Term of St. Hill 1688. could not be kept Be it enacted That all Pleas Writs Bills Actions Suits Plaints Process Precepts or other Things whatsoever that were returnable or had day or days in the Chancery Kings Bench Common Pleas or Exchequer in Oct. Hill Quind Hill Crast Pur. or Oct. Pur. last past or at any day certain after any of the said Returns shall stand and be revived and are hereby continued and adjourned to the Return of Quind Pasch next ensuing and Parties that had day at any time in Hill Term shall appear on the said Return of Quind Pasch under the same Penalties that might have incurr'd for not appearing in Hill Term if it had been held II. Writs of Error upon Judgments in the Kings Bench returnable or upon which day was given in the Exchequer Chamber at any time in Hill Term and all Proceedings thereupon shall be revived and adjourn'd to the 20th day of Apr. 1689. and all Parties are to appear then under the same Penalties that would have incurred if they had made default in Hill Term. III. Writs of Error upon Judgments in the Court of Exchequer upon which day was given before the Lord Chancellor and the Lord Treasurer in Hill Term and Proceedings thereupon shall be revived and adjourn'd to the 23d day of Apr. 1689. and all Parties are to appear then under the same penalty that would have incurr'd if they had made any default in Hill Term c. IV. Fines upon which Proclamation ought to have been made in Hill Term shall be good as if such Proclamation had been made and if the fourth and last Proclamation was to have been made in Hill Term the five years shall be accounted from the 12th day of Febr. 1688. V. Where any Judgment was by Warrant of Attorny to have been entred in Hill Term the same may be entred in Easter Term if the Parties be then living VI. Any Persons before the 17th day of Apr. 1689. may prosecute any Precept Writ mean Process or Execution returnable in the said Courts on some return or day in Easter-Term next and the said Writs in the Kings Bench Common Pleas and Exchequer shall be dated on the day they are actually sued out which Writs and Process shall be good notwithstanding the want of any Original Writ or being attested VII It shall be lawful before the said 17th day of April to prosecute any Writ of Habeas Corpus in Civil Causes to be dated as aforesaid returnable immediately before any of the Justices of the Kings Bench Common Pleas or Barons of the Exchequer who may proceed thereupon as if the said Term of St. Hill had been kept VIII All Pleas Writs Bills Actions Suits Plaints Process Pleadings Proceedings Indictments and Informations Causes and Things whatsoever pleaded returned depending or being in the Court of the Dutchy-Chamber at Westminster in the Great Sessions of Wales or in the Courts within the Counties Palatine of Chester Lancaster or Durham or in any other Court of Law or Equity upon the 11th day of December 1688. shall be continued and revived and may be proceeded upon without any continuance or adjournment IX Persons that since the said 11th day of December 1688. and before the 13th day of February following have committed any Murder Manslaughter Burglary Perjury or Forgery or any other Crimes for which they were in
declare That it is not lawful upon any pretence whatsoever to take up Arms against the King and that I do abhor that traiterous Position of taking Arms by his Authority against his Person or against those that are commissioned by him Shall not from henceforth be required or enjoyned XII The Oaths required and intended by this Act are in these Words following 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 c. I A. B. do swear That I do from my Heart abhor detest and abjure as impious and heretical that Damnable Doctrin and Position That Princes excommunicated or deprived by the Pope or any Authority of the See of Rome may be deposed or murthered by their Subjects or any other whomsoever And I do declare That no Foreign Prince Person Prelate State or Potentate hath or ought to have any Jurisdiction Power Superiority Pre-eminence or Authority Ecclesiastical or Spiritual within this Realm So help me God c. XIII The Names of Persons and Officers that shall take the said Oaths in the Chancery Kings Bench or Quarter-Sessions shall in the said respective Courts be inroll'd with the day and time of their taking the same The Rolls for the Court of Chancery to be publickly hung up in the Petty-bag-Office for the Kings Bench in the Crown Office and in some publick place in every Quarter-Sessions every Term and every Quarter-Sessions No Fee or Reward above 12 d. to be given to any Officer belonging to any of the said Courts for such Entries XIV Whereas since the 11th day of December 1688. the said abrogated Oaths could not be taken by Persons elected into Offices of Magistracy Places of Trust c. Be it enacted That if any such Officer shall before the first of August 1689. take the Oaths herein mentioned and required before such Persons who ought to have administred the said Abrogated Oaths the same shall be adjudged as good and effectual as if he had taken the said Abrogated Oaths XV. And whereas since the Feast of St. Michael last past divers Persons have been admitted into Offices Imployments or Places of Trust and could not take the said Abrogated Oaths and subscribe the Declaration at such time and in such manner as is appointed by the Act of 25 Car. 2. Entituled An Act for preventing of Dangers that may happen from Popish Recusants Be it enacted That if any such Person shall before the end of Trinity-Term next in the Chancery or Kings Bench or before the first of August 1689. at the Quarter-Sessions c. take the Oaths hereby appointed to be taken and repeat and subscribe the said Declaration and take the Sacrament according to the usage of the Church of England and procure Certificate thereof as by the said Act is directed that such Person shall be indemnified from any Penalty or Disability that he might have incurred by the said Act. XVI It shall be left to the King to allow to such of the Clergy as shall refuse the Oaths prescribed by this Act as he shall think fit not exceeding twelve an allowance out of their Ecclesiastical Benefices c. for their Subsistence not exceeding a third part to continue during the Kings Pleasure XVII Stat. 1 W. M. Sess 1. cap. 25. If any Commission for Military Imployment shall be granted to any Person at more than twenty Miles distance from London such Persons may take the Oaths and make and subscribe the Declaration mentioned in an Act of this present Session of Parliament Entituled An Act for the abrogating the Oaths of Supremacy and Allegiance and appointing other Oaths at the next Muster after the receipt of the said Commission before the Commissary of the Musters or his Deputy who shall send up a Certificate thereof under his Hand and Seal to the Person who issued such Commission XVIII If any Person receiving such Commission shall refuse to take the said Oaths c. he shall not be allowed upon the Musters but his Commission shall be void XIX Nothing in this Act contain'd shall extend to the Militia Papists I. STat. 1 W. M. Sess 1. cap. 9. The Lord Mayor of London for the time being and every Justice of Peace of London and for Westminster and Southwark and of the Counties of Middlesex Surry Kent and Sussex within their respective Limits shall cause to be brought before him every Person not being a Merchant Foreigner within the said Cities or within ten miles of the same as are reputed to be Papists and tender them the Declaration mentioned in the Statute of 30 Car. 2. Entituled An Act for the more effectual preserving the Kings Person and Government c. And if any such Person after refusal to make and subscribe the same shall continue to be within the said City or Cities or within ten miles distant from the same he or she shall forfeit and suffer as a Popish Recusant convict II. The Justices of Peace shall certifie the Subscriptions taken before them by virtue of this Act and the Names of Refusers upon tender under their Hands and Seals into the Court of Kings Bench the next Term or else at the next Quarter-Sessions and if Persons so refusing and certified shall not within the next Term or Sessions after such refusal appear in the Court of Kings Bench or Sessions and in open Court make and subscribe the said Declaration and indorse his so doing upon the Certificate they shall be adjudged from the time of such their refusal as Popish Recusants convict III. This Act shall not extend to such as use any Trade or Manuel Occupation nor to such as within six months before the 13th of Febr. 1688. had their places of abode within the said Cities or ten miles compass not having any place of abode elsewhere so as before the said first day of August 1689. they certifie their Names Additions and Places of Abode at the Sessions of the Peace to be held for the said respective Cities Counties or Places the Clerk of the Peace to take but 2 d. for the entry of such Name Addition and Place of Abode IV. Nothing in this Act shall have any effect upon such Foreigners as are or shall be menial Servants to Ambassadors or Publick Agents V. Foreigners Servants to the Queen Dowager are likewise excepted not exceeding the number of thirty at any one time VI. Stat. 1 W. M. Sess 1. cap. 15. It shall be lawful for any two or more Justices of the Peace who shall know or suspect any Person to be a Papist or shall be so informed to tender to such Person the Declaration expressed in an Act of Parliament made Anno 30 Car. 2. Entituled An Act for the more effectual preserving the Kings Person and Government c. And if such Person shall not make and subscribe the said Declaration or shall refuse to appear upon notice left at his Place
nominate any person that shall then have any Benefice with cure of Souls but that such Presentation shall be void XIX Provided that if any person so presented c. to any Benefice with cure shall be absent from the same above sixty days in one year that such Benefices shall be void XX. Provided nevertheless That if any such person shall at the General Quarter-Sessions where his Name is recorded repeat and subscribe the said Declaration and take the Oaths contained in an Act of this Parliament Entituled An Act for the abrogating the Oaths of Supremacy and Allegiance c. he shall be discharged from the said Disability and be enabled to make such Presentation c. as if this Act had not been made Pardon I. Stat. 2 W. M. Sess 1. cap. 10. All Subjects of this Realm of England Wales and the Town of Berwick All Bodies Politick and Corporate Cities Burroughs Shires Ridings Hundreds c. shall be pardoned and discharged of and from all Treasons Felonies Misprisions of Treason Treasonable or Seditious Words or Libels Misprisions of Felony seditious and unlawful Meetings Offences of Premunire Ryots Routs Offences Contempts Trespasses Entries Wrongs Deceits Misdemeanors Forfeitures Penalties and Sums of Mony pains of Death pains Corporal and Pecuniary and of and from all Things Causes Quarrels Suits Judgments and Executions not hereafter excepted which by their Majesties in any wise can be pardoned before the 16th day of May 1690. II. All their Majesties Subjects and Bodies Corporate may by themselves their Deputies or Attornies plead this for any thing hereby pardoned or discharged without any Fee or other Thing paying to any person for writing or entry of the Judgments or other Cause concerning such Plea Writing or Entry but only 16 d. to the Officer or Clerk that shall enter the same III. This Pardon to be expounded most beneficial and available to the Subject IV. If any Officer or Clerk of any of their Majesties Courts shall after Easter-Term next make out any Process whereby any of the Subjects or Bodies Corporate aforesaid may be inquieted for any thing hereby pardoned or if any Sheriff Escheator or their under Officers levy or with-hold any thing discharged by this Act they shall pay to the party grieved treble Damages and Costs of Suit and forfeit to their Majesties 10 l. for every such Offence and such Process to be void V. Except Treasons and other Offences against the King and Queens persons or either of them and all Conspiracies and Confederacies against their Majesties most Royal Persons And all Treasons committed in Ireland or any Parts beyond the Seas since the 13th day of Febr. 1688. And all Offences in forging and counterfeiting the Great or Privy Seal Sign Manuel or Privy Signet or of Monies and all Offences of unlawful diminishing Monies and all Misprisions and Concealments of the Treasons above excepted and abetting aiding comforting and procuring the same VI. And except all Murthers Petit Treasons and wilful Poysonings and the Accessaries thereunto VII And except Robberies and Pyracies upon the Seas procuring and abetting such Offenders and receiving them or Goods taken by Pyracy VIII And except all Burglaries and breaking into and stealing out of any Dwelling-houses in the day and Accessaries thereunto IX And except Robberies of Churches and Robberies committed on the High-way X. And except Buggery with Mankind or Beast and Rapes of Women XI And except the wilful taking away or marrying any Maid Widow or Damsel against her will or the assent of her Parents or Guardians and Accessaries thereunto XII And except all Offences of Perjury and Subornation of Witnesses and of forging and counterfeiting Deeds Writings or Records or Examinations of Witnesses tending to bring any Persons in danger of Life and all procuring or counselling the same XIII And except all Offences committed in any Forest since the 13th day of Febr. 1688. XIV And except Forfeitures now due or which may be be due to their Majesties by reason of any Offence c. contrary to any Statute other than using a Trade without serving seven years or contrary to the Common Law and whereof any Action Bill Plaint or Information within six days next before the day of holding this present Parliament viz. the 20th day of March 1689. hath been commenced in any of their Majesties Courts at Westminster and is there depending or whereupon any Verdict Judgment or Decree is already given or entred or whereof their Majesties have made any Assignment before the said 16 day of May. XV. And except all Proceedings concerning High-ways and Bridges and Issues return'd upon any such Process since the 20th day of March 1679. XVI And except all Offences in imbezeling and purloining their Majesties Goods Monies Chattels Jewels Armor Munition Stores Naval Provisions Shipping Ordinance and other Habiliments of War and all Offences in conveying to the French King any Naval Stores or contraband Goods XVII And except all Conditions and Covenants and all Penalties Titles c. accrued to their Majesties by the breach of them XVIII And except all Offences of Incest Simony and Dilapidations for which any Suit is or was depending the first day of this Parliament XIX And except Adultery and other Enormous Crimes by Persons in Holy Orders punishable in Ecclesiastical Courts XX. And except First-fruits and Tenths Pensions Procurations Synodals and other Payments out of any Ecclesiastical Benefice other than Tenths due out of small Livings not worth 30 l. a year improved value and which shall be so certified by the Bishop or Guardian of the Spiritualties before the last of Michaelmas-Term but this Act shall not discharge Bishops from answering any of the said Arrears by them received XXI And except the Monies and Duties following and Concealments thereof viz. of any Custom or Subsidy Excise Hearth-mony Imposition upon Wine or other Liquors Duties arising by Wine-licences or the Post-office or any other Duty due to their Majesties by Act of Parliament and Forfeitures for non-payment thereof and Misdemeanors in Ministers concerning the same XXII And except all taking from their Majesties or the late King Charles II. or King James II. Goods forfeited for Treason Petit Treason Murder or Felony or the Issues and Profits of Lands of Traitors or Felons attainted or of the Possessions of any Bishoprick the Temporalties whereof upon the 20th day of March 1679. were or ought to have been in their Hands and except all Arrears of Rent due from any Farmer of any part of the Revenue and of Fee-farms and other Rents XXIII And except the accounts of Collectors Commissioners or Receivers of any Subsidy Custom Tunnage and Poundage additional Duty Prize Goods or other things grown due since the 25th of March 1673. and of all other Accountants to their Majesties in respect of any receit or other charge grown since the said 25th day of March and all untrue Accounts made since then XXIV And except Recognizances and other Securities given by any Accountant in the
upon Record against them or are charg'd in Execution or imprison'd upon Attachments for Debt or upon Outlawries for Debt or upon any Process in Law or Equity for Debt Damages or Costs only who shall take the Oath mentioned in the Act of 22 and 23 Car. 2. Entituled An Act for the Relief and Release of poor distressed Prisoners for Debt and the Oath in this Act following shall be released in manner and form as is mentioned in the said Act and in one other Act made in the 30th year of the said late King Charles II. Entituled An Act for the farther relief and discharge of Poor distressed Prisoners for Debt II. Justices of Peace who pursuant to the said Acts or to this present Act shall make any Order for the discharge of any poor Prisoner for Debt shall cause to come before them any Sheriff Gaoler or Keeper of Prison where such Prisoners are and administer to them this Oath viz. I A. B. do swear that J. S. was really and truly my Prisoner in my custody without any fraud or deceit in me or by any other to my knowledge at or upon the 28th day of November 1690. So help me God III. If any Sheriff Gaoler c. refuse to appear and take the said Oath he shall forfeit to such Prisoner so about to be discharged the value of the Debt for which he is imprisoned to be recovered by Action of Debt in any their Majesties Courts of Record and if any such Sheriff Gaoler c. shall forswear himself he shall suffer as a person convicted of perjury IV. Prisoners taking the benefit of this Act and taking the Oath in the first recited Act mentioned shall also before such Justice or Justices by whom such Oath is to be given take this Oath viz. I A. B. do swear That on the 28th day of November 1690. I was actually a Prisoner in the custody of the Gaoler or Keeper of D. Prison in the County of C. at the Suit of J.S. without my consent or procurement or by any Fraud or Collusion whatsoever So help me God V. Such Prisoners forswearing themselves besides the penalties now in force against persons convicted of Perjury shall suffer seven years imprisonment VI. This Act shall not extend to persons in Execution for a Fine impos'd for any Offence VII Taking the Oaths and giving the Creditors notice as by this Act is required in all other things for the discharge of any poor prisoner it shall be observed in form and method as is directed by the two before mentioned Acts. VIII None shall have the benefit of this Act who shall stand charged with more than 100 l. principal Mony or Damages or who shall stand charged with any Debt to their Majesties IX Notwithstanding the discharge of such Prisoners Judgments against them shall be good in Law against their Lands and Goods their wearing Apparel Bedding for them and their Familes and Tools for their Trade c. only excepted X. Stat. 4 5 W. M. cap. 21. If any Defendants taken or charged in custody upon any Writ or Writs out of any of the Courts at Westminster and detained for want of Sureties for their appearance the Plaintiffs may before the end of the next Term after such Writ or Process shall be returnable declare against such Prisoners in the Court out of which the Writ shall issue and cause a Copy thereof to be delivered to such Prisoners or the Gaoler in whose custody he shall remain to which if the said Prisoners shall not appear and plead the Plaintiff shall have Judgment as if they had appeared and refused to answer or plead XI In all Declarations against Prisoners detained by virtue of any Process out of the Kings Bench it shall be alledged in custody of what Sheriff Bailiff c. such Prisoners are at the time of such Declaration which allegation shall be as effectual as if such Prisoners were in the custody of the Marshal or the Marshalsey c. Prizes I. Stat. 3 4 W. M. cap. 4. An Act for preserving two Ships lading of Bay-Salt taken as Prize for the benefit of their Majesties Navy Religion I. SEat Anno 1 W. M. Sess 1. cap. 18. Neither the Statute made in the 23th year of Queen Elizabeth Entituled An Act to retain the Queens Majesties Subjects in their due Obedience nor that of the 29th of the said Queen Entituled An Act for the more speedy and due execution of certain Branches of the Statute made in the 23th year of the Queens Majesties Reign nor that Clause of a Statute made in the first year of the said Queens Reign Entituled An Act for the Uniformity of Common Prayer c. whereby all persons are required to resort to their Parish-Church or Chappel or some usual place of Common-prayer c. Nor the Statute made in the third year of the Reign of King James I. Entituled An Act for the better discovering and repressing Popish Recusants nor that other Statute made in the same year Entituled An Act to prevent and avoid Dangers which may grow by Popish Recusants nor any Statute made against Papists or Popish Recusants except the Statute made 25 Car. 2. Entituled An Act for preventing Dangers which may happen from Popish Recusants and except the Statute made Anno 30 Car. 2. Entituled An Act for the more effectual preserving the Kings Person and Government c. shall be construed to extend to any persons dissenting from the Church of England that shall take the Oaths mentioned in a Statute made this Parliament Entituled An Act for removing and preventing all Questions and Disputes concerning the assembling and sitting of this Parliament and shall make and subscribe the Declaration mentioned in a Statute made in the 30th year of King Charles II. Entituled An Act to prevent Papists from sitting in either House of Parliament which Oaths and Declaration the Justices of Peace at their General Quarter-Sessions are hereby required to administer and thereof to keep a Register no Fee or Reward to be paid above 6 d. for such Entry and that but once nor above the farther Sum of 6 d. for a Certificate thereof II. Persons already convicted or prosecuted in order to Conviction of Recusancy that shall take the said Oaths mentioned in the said Statute made in this Parliament and make and subscribe the Declaration aforesaid in the Court of Exchequer or Assizes or General Quarter-Sessions c. to be thence certified into the Exchequer shall be discharged from all Penalties c. incurred by any the aforesaid Statutes III. All persons that shall take the said Oaths and make and subscribe the said Declaration shall not be liable to any penalties mentioned in an Act of the 35th of Queen Elizabeth Entituled An Act to retain the Queens Majesties Subjects in their due Obedience nor in an Act made in the 22th year of King Charles II. Entituled An Act to prevent and suppress Seditious Conventicles nor shall be prosecuted in
any Ecclesiastical Court for not conforming to the Church of England IV. Provided always that if any Assembly of Persons dissenting from the Church of England shall be had in any place for Religious Worship with the Doors locked barred or bolted the persons that shall be at such Meetings shall receive no benefit from this Law V. Nothing herein contained shall exempt any Persons from paying Tithes or other Parochial Duties to the Church or Minister nor from any prosecution in any Ecclesiastical Court or elsewhere for the same VI. If any person dissenting from the Church of England shall be chosen or appointed to any Parochial or Ward-Office and shall scruple to take it upon him in regard of the said Oaths or any other thing required by Law such person may execute his Office by a Deputy that shall comply with the Laws in that behalf such Deputy to be allowed and approved as such Officer himself should have been VII No person dissenting from the Church of England in Orders or pretended Orders nor any Preacher or Teacher in any Congregation of Dissenting Protestants that shall make and subscribe the Declaration and take the Oaths aforesaid at the General Quarter-Sessions held for the Parts where he lives and shall declare his approbation of and subscribe the Articles of Religion mentioned in a Statute made in the 13th year of the Reign of Queen Elizabeth except the 34th 35th and 36th Articles and these words of the 20th Article viz. The Church hath power to decree Rites and Ceremonies and Authority in Controversies of Faith and yet shall be liable to any of the Pains or Penalties mentioned in an Act made in the 17th year of the Reign of King Charles II. Entituled An Act for restraining Non-conformists from inhabiting in Corporations nor the Penalties mentioned in the said Act of the 22th of the said Kings Reign for preaching at any Meeting for exercise of Religion nor to the penalty of 100 l. mentioned in an Act made in the 13th and 14th of King Charles II. Entituled An Act for the uniformity of Publick Prayers and administration of Sacraments c. for officiating in any Congregation allowed by this Act. VIII The making and subscribing the said Declaration and taking the said Oaths and making the Declaration of approbation and subscription to the said Articles shall be recorded at such Quarter-Sessions for which 6 d. shall be paid and no more IX Such persons shall not preach in any place but with Doors not locked barred or bolted X. And whereas some dissenting Protestants scruple the Baptizing of Infants Be it enacted That every person pretending to Holy Orders who shall subscribe the said Articles of Religion except before excepted and also except part of 27th ARticle touching Infant-Baptism and shall take the Oaths and make and subscribe the Declaration aforesaid as aforesaid shall enjoy all the Priviledges Benefits and Advantages which any other dissenting Minister might enjoy by virtue of this Act. XI Ministers Preachers or Teachers of Congregations that shall take the Oaths and make and subscribe the Declaration aforesaid and subscribe such of the Articles of the Church as are hereby required shall be exempt from serving upon Juries or from being chosen or appointed to any Parochial or Ward-Office or any other Office in any Hundred Shire City Town c. XII Every Justice of Peace may require any person that goes to any Meeting for exercise of Religion to make and subscribe the said Declaration and take the said Oaths or Declaration of Fidelity hereafter mentioned in case such person Scruple the taking an Oath and upon refusal shall commit such person to prison and certifie his Name at the next General or Quarter-Sessions and if upon a second tender at next General or Quarter-Sessions he refuse as aforesaid he shall be recorded and taken for a Popish Recusant convict XIII And whereas there are other Dissenters who scruple the taking any Oath such persons shall make and subscribe the said Declaration and this Declaration of Fidelity viz. I A. B. do sincerely promise and solemnly declare before God and the World That I will be ture and faithful to King William and Queen Mary And I do solemnly promise and declare That I do from my Heart abhor detest and renounce as Impious and Heretical that damnable Doctrin and Position That Princes excommunicated or deprived by the Pope or any Authority of the See of Rome may be deposed or murthered by their Subjects or any other what soever And I do declare That no Foreign Prince Person Prelate State or Potentate hath or ought to have any Power Jurisdiction Superiority Preheminence or Authority Ecclesiastical or Spiritual within this Realm and shall subscribe a profession of their Christian Belief in these Words viz. I A. B. profess Faith in God the Father and in Jesus Christ his eternal Son the true God and in the Holy Spirit one God blessed for evermore and do acknowledge the Holy Scriptures of the Old and New Testament to be given by Divine Inspiration which Declarations and Subscriptions shall be recorded at the General Quarter-Sessions and Persons making and subscribing the two Declarations and Profession aforesaid shall be exempted from the penalties of the Laws against Popish Recusants or Protestant Non-conformists and from the penalties of an Act made in the 5th year of the Reign of Queen Elizabeth Entituled An Act for the assurance of the Queens Royal Power over all Estates and Subjects within her Dominions by reason of their refusing to take the Oath mentioned in the said Act and from the penalties of an Act made in the 13th and 14th years of King Charles II. Entitutled An Act for preventing Mischiefs that may arise by certain Persons called Quakers refusing to take lawful Oaths and enjoy the Benefits Priviledges and Advantages which other Dissenters ought to enjoy by virtue of this Act. XIV Persons refusing to take the said Oaths when tendred shall not be admitted to make and subscribe the said two Declarations though required by a Justice of Peace at a General o● Quarter-Sessions unless within 31 days after such tender of the Declarations to them they produce two Protestant Witnesses to testifie upon Oath that they believe him to be a Protestant Dissenter or a Certificate under the Hands of four Protestants who are conformable to the Church of England or have taken the Oaths and subscribed the Declaration aforesaid and a Certificate under the Hands and Seals of six or more of the Congregation to which he belongs owning him to be one of them XV. Till such Certificate or Witnesses be produced the Justice of Peace shall take a Recognizance with two Sureties in 50 l. for producing the same and for want of security shall commit him to prison till he produces the same XVI All the Laws made for frequenting Divine Service on the Lords-day shall be still in force against all persons except they come to some Assembly of Religious Worship allowed by this Act.
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
farther declared and enacted by the Authority aforesaid That from and after this present Session of Parliament no dispensation by Non obstante of or to any Statute or any part thereof shall be allowed but that the same shall be held void and of no effect except a Dispensation be allowed of in such Statute and except in such Cases as shall be specially provided for by one or more Bill or Bills to be passed during this present Session of Parliament Provided that no Charter or Grant or Pardon granted before the three and twentieth day of October in the year of our Lord one thousand six hundred eighty nine shall be any ways impeached or invalidated by this Act but that the same shall be and remain of the same force and effect in Law and no other than as if this Act had never been made Silk I. STat. 2 W. M. Sess 1. cap. 9. The throwing of Silk is not a Manufacture within the Intention of the Act of 12 Car. 2. for encouraging and encreasing of Shipping and Navigation And no thrown Silk of the product of Turkey Persia East-India or China or any other Place except of the production of Italy Sicily or Naples and imported in Vessels navigated as the said Act directs and brought from some Port of the Countries of which they are the production and which shall come directly by Sea shall after the 25th of May 1690. be imported into England Wales Jersey or Guernesey or the Town of Berwick on pain to forfeit the same one moiety to their Majesties and the other to the Informer II. Yet this Act shall not extend to any thrown Silk of the production of Italy Sicily or Naples that shall be imported otherwise than by this Act is directed before the first day of September 1690. and which shall be proved by Oath of the Owner or his Agent to have provided and bought by his Order from England in some part of Italy Sicily or Naples before the first day of June 1690. which Oath any two Commissioners of the Customs may administer III. And no thrown Silk laden in India Persia or China to be imported hither on or before the 20th day of September 1690. shall be liable to any Forfeiture by virtue of this Act. Symony I. Stat. 1 W. M. Sess 1. cap. 16. After the Death of a Person Symoniacally promoted to any Benefice or Ecclesiastical Living the Offence or Contract of Symony shall neither by way of Title in Pleading or in Evidence to a Jury or otherwise be alledged or pleaded to the prejudice of any Patron innocent of Symony or of his Clerk upon pretence of Lapse or otherwise unless the Person symoniacally promoted or his Patron were convicted of such Offence at the Common Law or in some Ecclesiastical Court in the life-time of the Person symoniack II. No Leases really and bona fide made or to be made by any Person symoniacally promoted for good and valuable consideration to any Person not being privy to or having notice of such Symony shall be impeached or avoided by reason thereof Souldiers I. Stat. 1 W. M. Sess 1. cap. 5. An Act for punishing Officers or Souldiers who shall mutiny or desert their Majesties Service Exp. II. Stat. 1 W. M. Sess 2. cap. 4. An Act for punishing Officers or Souldiers who shall mutiny or desert their Majesties Service and for punishing false Musters Exp. III. Stat. 2 W. M. Sess 2. cap. 6. An Act for punishing Officers and Souldiers who shall mutiny or desert their Majesties Service and for punishing false Musters Exp. IV. Stat. 4 5 W. M. cap. 13. From and after the 10th day of March 1692. every Person being mustered in Pay as an Officer or Souldier in the Army who shall before the first of March 1693. cause or joyn in any Mutiny or Sedition in the Army or desert the Service shall suffer Death or such other punishment as a Court-Martial shall inflict or being a Souldier listed in any Regiment Troop or Company shall list himself in any other Regiment c. without a Discharge from his Officer shall suffer Death or such other Punishment as aforesaid V. Their Majesties or the General of their Army may grant Commissions to any Lieutenant-General or other Officers not under the Degree of a Field-Officer or Commander in Chief of a Garrison to call and assemble Courts-Martial No Court-Martial that shall have Power to inflict punishment as aforesaid to consist of fewer than thirteen whereof none to be under the Degree of a Commission Officer and the President not to be under the Degree of a Field-Officer or the Commander in Chief of the Garrison where the Offender shall be tried VI. No Field-Officer shall be tryed by any under the Degree of a Captain And such Courts-Martial shall have power to administer Oaths to Witnesses VII Nothing in this Act shall exempt any Officer or Souldier from the ordinary Process of Law nor shall extend to concern any the Militia Forces of this Kingdom VIII This Act to be in force till the first of March 1693. and no longer IX Every Officer present at Trials of Offences that may be punished by Death shall take this Oath viz. You shall well and truly try and determine according to your Evidence the Matter now before you between our Soveraign Lord and Lady the King and Queens Majesties and the Prisoner to be tryed So help you God No sentence of Death shall be given unless nine of the thirteen present concur And if there be a greater number present Judgment shall pass by the Concurrence of the greater part so sworn such greater part not being less than nine No Proceedings Trial or Sentence of Death shall be had or given but between the hours of eight in the Morning and one in the Afternoon X. If any shall make or procure to be made false Certificates to execute Souldiers for absence from any Muster or other Service they shall forfeit 50 l. and to be cashiered and disabled to hold any Military Imployment XI Officers making salse Musters and Commissaries Muster-Masters and other Officers allowing the Muster-Roll wherein such false Muster is contained or a duplicate thereof upon proof thereof by two Witnesses before a Court-Martial shall be cashiered and disabled to hold any Civil or Military-Office or Imployment and forfeit 100 l. XII Commissaries and Muster-Masters upon any Muster to be made shall by a convenient time before give notice to the Chief Magistrate of the place where the Souldiers shall be quartered who are required to be present at such Musters and assist in the discovery of any false Muster Commissaries and Muster-Masters neglecting to give such notice or refusing the assistance of such Chief Magistrate shall forfeit 50 l. and be discharged from his Office and no Muster-Roll shall be allowed not signed by such Chief Magistrate XIII If any Person shall be falsly mustered or offer himself so to be upon Oath thereof made before the
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
treble Costs X. A Register shall be kept at the Custom-house London of all Wool imported from Ireland and of all Wool sent from one Port to another in this Kingdom the Weights and Numbers Ship Masters Name Owners Name and to whom consigned This Act to continue for three years and from thence to the end of the next Session of Parliament XI Any Persons may buy Cloth Stuffs Stockings or other Woollen Manufactures and export the same paying the usual Customs XII Nothing in this Act shall be construed to avoid the Charters granted to the Levant Eastland Russia or African Companies XIII It shall be lawful to transport from Southampton only for the use of the Inhabitants of Guernsey Jersey Alderney and Sark 1000 Tods of unkemb Wool for Guernsey 2000 for Jersey 200 for Alderney and 100 for Sark more than by the Act made in the 12th year of King Charles II. is provided for the same to be done according to the Directions and under the Penalties therein appointed and inflicted and on the farther Penalty of 20 l. for every Tod of Wool and forfeiture of the Wool it self one half to the King one Quarter to the Informer and one Quarter to the Poor of the said Islands in case of transporting or attempting to transport any of the said Wool from the said Islands for every Offence therein and that every Person so offending shall after the first Offence be incapable of any Grant of any Wool from the said Port of Southampton nor ever after have any Warrant granted him for that purpose the said Penalties to be recovered by him that will sue for the same by Action of Debt Bill Plaint or Information c. Yarmouth I. STat. 1 W. M. Sess 1. cap. 11. The Powers Authorities and Benefits given to the Mayor Aldermen Burgesses and Commonalty of Great Yarmouth by an Act made in the first year of the late King James Entituled An Act for clearing preserving maintaining and repairing the Haven and Rivers of Great Yarmouth are hereby vested in the Bailiffs Aldermen Burgesses and Commonalty of the said Borough that now are and their Successors And the Powers Authorities and Benefits by the said Act given to the said Mayor are hereby vested in the Bailiff or Bailiffs for the time being and their Successors II. Officers Collectors Receivers and Commissioners to be appointed by the afore-mentioned or this Act may pursue the several Powers therein given and directed III. Monies directed by the said Act to be paid into the Hands of the Chamberlain of the said Borough shall be paid into the Hands of such as the Bailiffs Aldermen Burgesses and Commonalty in Common Council assembled shall direct IV. If within the residue of the time by the said recited Act limited there shall be any alteration by any new Charters from Bailiffs to Mayors then the Mayor Aldermen Burgesses and Commonalty shall execute the Powers c. in the recited Act mentioned as therein is expressed AN EXACT ABRIDGMENT Of all the STATUTES MADE In the fifth Session of this present Parliament in the fifth and sixth Years of the Reign of their MAJESTIES King William and Queen Mary AN ABRIDGMENT OF THE STATUTES MADE In the fifth Session of this present PARLIAMENT Accounts I. Stat. 5 6 W. M. Sess 5. cap. 17. Commissioners Names for stating Publick Accounts Robert Harley Esquire Sir Thomas Pope Blount Baronet Paul Foley Esquire Sir Thomas Clarges Knight Charles Hutchinson Esquire Sir Edward Abney Knight and Sir James Houblon Knight constituted Commissioners for examining and stating the Accounts of all the Mony and Publick Revenue of the Crown granted by one Act of Parliament made in the second year of their Majesties Reign Entituled An Act for appointing and inabling Commissioners to examine take and state the Publick Accounts of the Kingdom Acts of 2d and 4th and 5th of W. and M. revived And one other Act in the 4th and 5th years of their Majesties Reign Entituled An Act for examining taking and stating the Publick Accounts of this Kingdom to be examined and stated by the Commissioners by the said Acts constituted or any five or more of them appointed by the said Acts or either of them and that the said Acts be revived from the 24th of April 1694. to the 25th of April which shall be in the year 1695. and shall be executed with all the Powers therein contained by the Commissioners herein named or any four or more of them and Allowances to be made to the said Commissioners and the Clerks and all other Charges from the Commissioners of the Treasury as in the first recited Act. Commissioners power to examine and state Accounts And the said Commissioners have Power to examine and state Accounts of all Monies granted to their Majesties by one Act made in 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 and of all Monies that have or shall be granted their Majesties in this present Session and of all other their Majesties Treasure or publick Mony due to them on the 5th of November 1688. or at any time between the said 5th of November and the said 25th of April which shall be in the year 1695. not yet accounted for by virtue of the said Acts or either of them or the last Clause touching Publick Accounts made in 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 the carrying on a vigorous War against France II. Irish Accounts to be stated against and presented next Parliament And the said Commissioners are hereby required to summon the Commissioners appointed for the Transport Ships for the War of Ireland or any other Contractors or their Owners and Proprietors of the said Ships to state the Accounts and adjust the Debt due for the said Ships which Accounts so stared they are to prepare against the next Session of Parliament Coaches I. Commissioners for Hackney-Coaches STat. 5 6 W. M. Sess 5. cap. 16. After the 10th of May 1694. their Majesties may appoint Commissioners not exceeding five in number for regulating and licensing Hackney-Coaches within the Cities of London and Westminster and the Suburbs thereof and the Bills of Mortality and for regulating and licensing Stage-Coaches throughout England c. II. Licenses not to exceed 700. The said Commissioners shall give Licenses under their Hands and Seals to all Persons that shall keep any Coach or Coach-Horses within the Cities of London and Westminster or the Suburbs of the same or within the Weekly Bills of Mortality and that the number of all Hackney-Coaches so to be licensed shall not exceed 700 and for every such License so to be granted for each Coach there shall be paid to the Commissioners or some other Person to be appointed by their Majesties
to ply on Sundays XII The Commissioners for the better discovery of Offenders herein shall publish a List or Account of all the particular Numbers of such Hackney-Coaches as shall be appointed for every Lords-Day successively through the Year Fines I. STat. 5 6 W. M. Sess 5. cap. 6. Six shillings and eight pence shall be paid upon signing Judgment to the proper Officer who signeth the same in full satisfaction of the Capiatur Fine and all Fees due for or concerning the same which said Officer shall make an increase to the Plaintiff of so much in his Costs to be taxed against the Defendant Iustices of Peace I. Justices of Peace in Wales limited to eight in each County repealed STat. 5 W. M. Sess 5. cap. 4. Whereas by a Statute made the 34th and 35th of H. 8. Entituled An Act for certain Ordinances in the Kings Majesties Dominion and Principality of Wales there is a Clause contained in these Words viz. That there shall not exceed the number of eight Justices of the Peace in any of the said Shires over and above the President Council and Justices aforesaid and the Kings Attorny and Solicitor which President Council Justices and the Kings Attorny and Solicitor shall be put in every Commission of Peace in every of the said twelve Shires And whereas this Clause is found inconvenient Be it enacted That the said Clause be repealed And that it may be lawful to and for the King and Queen by Commission under the Great Seal to constitute nominate and appoint any such number of Persons to be Justices of Peace in any of the said Counties of Wales as they shall think fitting according to such Ways and Methods as are commonly used for the constituting nominating and appointing of Justices of Peace for any County of England And that the Persons so constituted nominated and appointed shall have power and authority to act and do any thing appertaining to the Office of a Justice of Peace in as large and ample manner as any Justice of Peace within the Dominion of Wales might or ought to have done before the making of this Act any Law c. to the contrary notwithstanding I. Stat. 5 6 W. M. Sess 5. cap. 5. Certiorari to remove Indictment That in Term-time no Certiorari at the Prosecution of any Party indicted shall be granted out of the Court of Kings Bench to remove any Indictment before Trial had and from before the Justices of the General or Quarter Sessions of the Peace unless such Certiorari shall be granted upon Motion of Council and Rule of Court in open Court and that the Parties indicted prosecuting such Certiorari shall find two Manucaptors before one or two Justices of the County in 20 l. to plead to the said Indictment in the Kings Bench and at their own Charges to procure the Issue that shall be joyned upon the said Indictment to be tried at the next Assizes held for the County where the said Indictment was found after such Certiorari shall be returnable if not in London Westminster or Middlesex and if in the said Cities or County then to cause it to be tried the next Term after such Certiorari shall be granted or at the sitting after the said Term if the Kings Bench shall not appoint any other time and if any other time then notice to be given to the Prosecutor and the said Recognizance and Certiorari to be certified into the Kings Bench and there filed and the name of the Prosecutor to be indorsed and if the Party prosecuting such Certiorari being the Defendant shall not before allowance thereof procure such Manucaptors to be bound in a Recognizance the Justices of Peace may try the said Indictment at the said Sessions notwithstanding such Certiorari so delivered II. Costs against Prosecutor of a Certiorari And if the Defendant prosecuting such Certiorari be convicted then the Kings Bench shall give reasonable Costs to the Prosecutor to be taxed according to the course of the said Court and within ten days after demand upon Oath and refusal thereof he shall have an Attachment against the said Defendant by the Court for his Contempt and the Recognizance not to be discharged till the Costs so taxed shall be paid III. Certioraries grantable in vacation Nevertheless in the Vacation Writs of Certiorari may be granted by any of the Justices of the Kings Bench whose Names shall be endorsed and the Name of the Party at whose instance it is granted and before the allowance of such Writ the Party indicted prosecuting such Certiorari shall find such Sureties as before-mentioned in this Act. IV. Certioraries in Cheshire Lancaster and Durham And also upon every Certiorari granted within Chester Lancaster and Durham to remove Indictments as aforesaid the Parties indicted prosecuting such Certiorari shall find Sureties to try the said Indictments at the next Assizes or General Gaol-delivery and if convicted shall be liable to like Costs to be taxed as by this Act provided where the same are granted out of the Kings Bench. V. For repairing High-ways c. Provided if any Indictment be against any Person for not repairing High-ways Cawsies Pavements or Bridges and the Title to repair the same may come in question upon such Suggestion and an Affidavit made thereof a Certiorari may be granted to remove the same into the Kings Bench any Law to the contrary notwithstanding VI. Sureties Provided that the Parties prosecuting such Certiorari shall find two Manucaptors to be bound in a Recognizance with Condition as aforesaid Leases I. Leases of Lands part of the Dutchy of Cornwal STat. 5 6 W. M. Sess 5. cap. 16. All Leases and Grants made by the late King Charles II. or by the late King James or by their present Majesties or to be made within seven years next ensuing by Letters Patents or Indentures under the Great Seal of England or Seal of the Court of Exchequer or Copy of Court-Roll according to the Custom of the respective Manors of the said Dutchy or thereunto annexed of any Offices Messuages Parks Lands Tenements or Hereditaments parcel of the said Dutchy of Cornwal or annexed to the same other than of Honours Lordships or Manors shall be effectual in Law according to the purport of the same Copies Leases and Grants against the present King and Queen their Heirs and Successors and against every Person that shall have or enjoy the said Dutchy by force of any Act of Parliament or by any other Limitation II. Provided For one two or three lives or thirty one years that such Lease be not for more than one two or three Lives or thirty one Years or for some Term determinable upon one two or three Lives and not above And if such Leases be made in Reversion that then the same with the Estate in possession do not exceed three Lives or thirty one Years not dispunishable of Waste
Heirs and Successors and shall not be charged or chargeable with any Gift Grant or Pension whatsoever The Lottery Act. I. Stat. 5 6 W. M. Sess 5. cap. 1. From and after the 25th day of March 1694. there shall be raised levied collected and paid unto their Majesties until the 17th day of May which shall be in the year 1697. and no longer for Salt the Rates and Duties following viz. II. Foreign Salt 3 d. per Gallon Three pence shall be paid by the Importer for every Gallon of Salt not being of the Product or Manufacture of this Kingdom that shall be imported after the said 25th of March over and above the present Duties now payable for Salt imported III. Forfeiture and how to be racovered The Duty hereby set on all foreign and imported Salt shall be paid in ready Mony upon Entry made before the landing and if any be landed before due entry with the Collector or before the Duty satisfied or without a Warrant for the landing the same first signed by the Collector in the Port the same or the value to be forfeited and to be recovered in such manner as any Forfeiture is to be recovered mentioned in an Act of 12 Car. 2. Entituled An Act for the taking away the Court of Wards and Liveries and Tenures in Capite Allowance for payment in ready Mony c. or by any other Statute now in force relating to the Revenue of Excise Nevertheless such Importer of Foreign Salt shall have six months time for the payment giving security to the Collector but if he pay ready Mony he shall have 10 l. per Cent. abated IV. Inland Salt 1 d ob per Gallon Every Gallon of Salt and Rock-Salt made within this Kingdom shall pay one peny half-peny and after that rate for a greater or lesser quantity V. Duties by whom to be managed The Duties upon Salt shall be managed by the Commissioners of the Excise and the Collectors shall be appointed under their Hands and Seals VI. All Makers and Proprietors of Salt and Rock-Salt shall make true Entries with the Officers hereby appointed of the Quantities of Salt by them made or taken out of the Pits and shall have a Warrant gratis under the Hand and Seal of the Officer impowering such Maker or Proprietor to carry away the same before it shall be removed Allowance for present payment of Inlandy Salt the said Warrant to be given upon payment or security of payment within six months after such entry Provided if any Person at the time of entry and delivery shall pay down the Duty hereby imposed he shall be allowed at the rate of 10 l. per Cent. VII It shall be lawful for the Officers by this Act appointed to seize all such Salt which shall be conveyed away before entry made without Warrant of the Commissioners or other Collectors And the Salt that shall be so seized Seizure for default of Entry shall be brought to the Office next the place where such Salt shall be so seized and there detained And if the same be not claimed by the true Owner within ten days after seizure it shall be forfeited and sold by the next general day of Sale to be appointed by the Commissioners or their Officers one moiety to the use of their Majesties the other to him that seized the same And if the Owner shall claim the same within ten days and shall not make it appear before the next Justice of Peace in the County where such seizure was by the Oath of one or more Witnesses that the Salt was duly entred and that there was a Warrant for carrying away the same then it shall be forfeited and disposed as aforesaid and he that carried or caused it to be conveyed away shall forfeit double the value VIII Retailer shipping off Salt No Retailer shall be permitted to ship off any Salt to be sent to any Port in England or Wales or to Berwick before he hath made it appear by Oath or otherwise before the Commissioners or their Officers or some or one of them that the Duty of such Salt is paid or secured or that it was bought of some other Retailer or Shop-keeper that hath paid the Duty IX Masters of Ships Duty for transporting Salt from one Port to another in this Kingdom The Master and Commander of any Ship or Vessel that shall after the 25th day of March aforesaid transport any Salt from one Port to another in England Wales or Berwick shall before landing it deliver to the Collector of this Duty in the said Port a true particular of the quantity thereof signed by the Collectors of this Duty and the Officers of the Customs in that Port from whence the Vessel came and that then the Master or his Mate or the Boat-swain of such Ship or Vessel shall make Oath before the Commissioners or their Officers or one of them that to his knowledge there hath not been taken into the said Ship any Salt since he or they came from such Port and if such Ship be to deliver her Salt part at one Port and part at another then the Collectors of this Duty and the Officers of the Customs where such part shall be delivered shall gratis certifie on the Cocket Transire or other Warrant or by Certificate under Hand and Seal of the Officer what quantity of the Salt mentioned in the Cocket whence such Ship came hath been there landed upon forfeiture of double the value of the Salt that shall be otherwise delivered X. For all such Fish hereafter mentioned as shall be exported during the continuance of the Duty upon Salt by this Act from any Port or Place in England Wales and Berwick into Parts beyond the Seas shall be paid these Rates viz.   l. s. s. Every Vessel of Pilchards or Scads containing 50 Gallons 00 12 00 Duties upon Fish exported beyond Sea Every Barrel of White Herrings 00 02 06 Every Barrel of Red Herrings 00 02 00 Every Barrel of Salmon 00 05 00 Every Hundred of Cod-fish Ling Conger or Hake 00 15 00 And so proportionably for a greater or smaller number or quantity How and by whom to be paid shall be paid by the Officer appointed to collect the Duties upon Salt payable by this Act in the same Port from whence any such Fish shall be exported within thirty days after demand thereof on a Debenture to be prepared by the Collector of the Customs where such Fish shall be exported and verified by the Searcher there as to the quantity of Fish actually shipped and the Oath of the Exporter shall be first taken before the principal Officer of the said Port The Exporters Oath to be taken before the Debenture be allowed that the Fish in really exported to Parts beyond Seas and not intended to be relanded in England Wales or Berwick And if the Officer have not Mony in his Hands to pay the same then upon
repay the value received for the same XXXVI Taking other Fees than by this Act forfeiture of Office If the Officers of the Exchequer shall take any other Fee or Reward than by this Act appointed for executing their respective Trusts and Offices they shall forfeit their Office and pay treble Damages with Costs of Suit to any Adventurer that will sue for the same without Essoign Protection or Priviledge of Parliament c. XXXVII Officer not liable though Ticket be forged unless he knew it If any Officer of the Transfer Office shall pass any Ticket for payment or any Officer of the Exchequer shall make any payment of any Shares of the said Fonds upon such Tickets as are above directed such Officer shall not incur any Penalty or be liable to any Action of the Adventurers though such Ticket be forged except he knew it to be so XXXVIII Mony lent to be free from Taxes Mony lent by or payable to any Persons by virtue of this Act shall not be chargeable with any Rates Duties or Impositions whatsoever XXXIX And to be imployed as the Act directs All Grants or Dispositions of Mony arising by this Act hereafter to be made by their Majesties to any other Person or in any other manner or for any longer Term or Interest than by this Act appointed shall hereby be made null XL. A distinct Office in the Exchequer for payment of Annuities There shall be in the said receipt of the Exchequer a distinct Office for paying the Annuities the said Office shall continue till all the Payments to grow due by this Act during the said Term of sixteen years shall be satisfied And an Officer or Officers shall be appointed hereunto by the Commissioners or the Treasurer of the Exchequer Officers to give security who shall take security of the Officers for the due paying and accounting the Monies they shall receive and for the faithful performance of their Office And the Monies which shall be brought into the Receipt of the Exchequer shall by the Commissioners of the Treasury or the Under-Treasurer of the Exchequer without any farther or other Warrant and such proportions from time to time Monies how to be issued Officers to be liable to account and be inspected as shall be necessary and sufficient to answer the respective Payments which shall grow due be issued or paid over from time to time to the Officers by way of Imprest and upon Account to and for the payment of the said Annuities by this Act appointed And such particular Officers shall be liable and subject to such Inspection Examination Comptrol and Audit and to such Rules as the Commissioners of the Treasury or the Treasurer and Under-Treasurer of the Exchequer shall think fit XLI All Officers to observe the Commissioners directions The Managers Directors Commissioner and Officer of the Transfer Office Receivers and the particular Officer in the Exchequer and all the Clerks Ministers and Servants shall for the better execution of their Trusts observe and perform such Rules Methods and Orders as they shall from time to time receive from the Commissioners of the Treasury c. so as such Rules Methods and Orders be conducible to the ends and purposes in this Act. XLII The King enabled to borrow Mony upon this Act. If the whole Sum of 1000000 l. be not paid into the Exchequer upon this Act before the 24th of June 1694. then it shall be lawful for their Majesties by way of Loan to borrow so much as to make it up to be paid with Interest at 8 l. per Cent. out of the Monies after to be brought in by this Act And if the Monies shall not all come in then out of the next Supply granted by Parliament How the same to be repaid and if no such Supply shall be before the 2d of February 1694. then to be paid out of the Treasury If the 1000000 l. shall not be advanced then the Overplus of the Fond shall be disposed as hereafter shall be directed by Act of Parliament XLIII When the Receivers of the Salt Mony are to deliver in their Accompts The Receivers of the Salt Duty shall between the 25th of March 1695. and the 29th of September following and so yearly during the continuance of this Act deliver in their Accounts to the Auditors of the Imprest who shall examine them upon Oath what Sum was raised and what part paid into the Exchequer or by virtue of any Warrant of Privy Seal or Warrant of the Commissioners of the Treasury and to whom and for what Service and such Account so taken by the said Auditor to be declared before the Lord Treasurer or Lords Commissioners of the Treasury and Chancellor of the Exchequer XLIV No Member of the House of Commons to be concerned in the farming or managing those Duties except c. No Member of the House of Commons shall directly or indirectly be concerned in the farming collecting or managing any Duties granted by this Act or that shall be granted by any other Act except the Commissioners of the Treasury the Officers of the Customs and Excise and those appointed Commissioners for the Act of 4 s. in the Pound for one year as to their executing only the Authority of the said Act by which they are appointed Commissioners And also excepting Thomas Neale Esquire The Act upon Tunnage I. Stat. 5 6 W. M. Sess 5. cap. 14. It is enacted That for the Term of four Years commencing from the first day of June 1694. Duties upon Tunnage from the 1st of June 1694. there shall be throughout England Wales and the Town of Berwick levied and paid into and for the use of their Majesties their Heirs and Successors upon the Tunnage of all Ships and Vessels whereon during that time there shall be imported any Goods or Merchandize from the Places in the Act after mentioned or shall be carried Coast-wise from Port to Port within England Wales or the Town of Berwick these Duties and Impositions that is to say For every Tun of the Burthen or Contents of any Ship or Vessel importing Goods o● Merchandizes from the East-Indies or any Ports Southwards or Eastward of Cabo bona Speranza The several Rates the Sum of 30 s. From any Ports or Places in Italy or Turky 15 s. From any Ports or Places in Portugal or Spain 10 s. From any the Plantation Lands or Places in the West-Indies 10 s. From Holland or any the United Provinces Netherlands or Flanders 3 s. From Norway Hamborough or the Baltick Sea Enstland Gountries or any other Ports or Places North of Holland 5 s. From Ireland or Scotland 2 s. From any Port or Place in the Mediterranean Sea not otherwise charged in this Act 15 s. From the Ports or Coasts of Guinea or Africa without the Streights 20 s. From Hudsons Bay or any Place within the Limits of that Companies Charter 20 s. From the
Ganaries Maderas or any the Western Islands 10 s. From any Ports or Places in Greenland Muscovia or Russia 10 s. For every Tun of the Burthen of any Ship or Vessel in the Coasting Trade from Port to Port in England Wales or Berwick 6 d. II. Contents of Ships to be taken by the Officers in the Ports where they arrive Ships to be entred and Duties paid before the unlading or Security given Rebate where Duties paid down Forfeiture for not paying Duties The several Duties imposed shall be accounted and paid according to the Measure of such Ships or Vessels which shall be made by their Majesties Officers in the respective Ports or Places where they shall arrive And the Masters Owners or Freighters at the Port or Place of the discharge or unlading of their Ships or Vessels shall cause them to be entred in the Custom-house belonging to such Port or Place and at the time of the entry or before any unlading shall pay down in ready Mony to their Majesties Officers of the Customs the said Duties or give Security by Bond to their Majesties with Sureties to be approved by the said Officers of the Customs to pay the Duties within the space of one Month next after clearing of the Ship Where the Duties shall be paid down there shall be a rebate or deduction out of the same after the rate of 10 l. per Cent. per Annum for every hundred pound the Duty shall amount unto And where any Goods shall be unshipped to be laid on Land before the Duty paid or Security given the Ship or Vessel out of which they shall be unladen together with the Guns Tackle Ammunition and Apparel shall be forfeited and lost one moiety to their Majesties and the other to the Party that will sue or seize for the same to be recovered in any of their Majesties Courts of Record at Westminster And over and besides the Owner Master or Freighters shall be chargeable with the said Duties of Tunnage III. Duties by whom to be paid and how The Duties upon the Tunnage of Ships importing Goods or Merchandizes from Parts beyond the Seas or Scotland shall be paid and born by the Merchant-Freighters and by the Master and Owners of such Ships by way of Average amongst themselves two third parts by the Merchants and Freighters according to their Shares in the Freight and the other third part by the Masters or Owners And the Duties upon Ships employed in the Coasting Trade shall be paid and born by the Master or Owners of such Ships IV. Greenland and New-found-land Ships to pay for their lading not Tunnage What French Goods are to pay if Peace be made during this Act. Ships belonging to the Company of Merchants of London trading to Greenland shall pay 10 s. per Tun only for their own Blubber Whale-Fins or any other Merchandize and not be obliged to pay according to the Shipping And so likewise Ships trading to New-found-land shall pay only for their Train-Oyl and other Merchandize 10 s. per Tun and not for their measure of their Shipping V. If Peace be made betwixt their Majesties and the French King during the continuance of this Duty of Tunnage then all Ships importing Goods and Merchandizes from any of the French Kings Territories in Europe without the Streights shall pay the like Duty as any Ships importing Goods from Portugal are charged with by this Act over and above all Duties payable for such Ships VI. Barges c. not chargeable This Act shall not extend to charge or lay any Duty uponany Barges imployed in carrying Sand Lime or Slate-Stone from Port to Port within England or Wales for and in respect of such lading only VII Ships and Vessels how to be measured All Ships and Vessels liable to these Duties shall be gauged and measured by the length of the Keel taken within Board so much as she treads upon the Ground And the breadth to be taken within Board by the Midship Beam from Plank to Plank And the depth of the Hold to be taken from the Plank below the Kelsey to the under part of the Upper Deck Plank and the length and breadth as before Then multiply the length by the breadth and the Product thereof by the depth and divide the whole by 94 and the Quotient will give the true Contents of the Tunnage And the Duties of Tunnage thereby shall be computed and collected VIII The several Duties of Excise upon Liquors after 17 of May 1697 After the 17th of May 1697. there shall be throughout England Wales and the Town of Berwick raised collected and paid unto their Majesties their Heirs and Successors by way of Excise over and above all Impositions by any former Act then unexpired For every Barrel of Beer or Ale above 6 s. the Barrel exclusive of the Duty of Excise brewed by the common Brewer or any other Person who doth sell or tap out Beer or Ale publickly or privately to be paid by the common Brewer or any such other Person and so proportionably for a greater or lesser quantity over and above the Duties payable for the same 9 d. For every Barrel of Beer or Ale of 6 s. the Barrel or under brewed or sold as aforesaid and so proportionably to be paid by such common Brewer or other Person respectively 3 d. For every Barrel of Vinegar or Vinegar Beer brewed or made of any English Materials by any common Brewer or any other Person for sale to be paid by the Maker thereof and so proportionably for a greater or lesser quantity over and above the Duties of Excise payable for the same 1 s. 6 d. If it run through Rape or be made with or passing through Foreign Materials or any mixture with them 4 s. per Barrel and so proportionably For every Barrel of Beer Ale or Mum imported from beyond the Seas or Islands of Guernsy to be paid by the Importers before landing and so proportionably for the quantity over and above for the Duties payable for the same 3 s. For every Tun of Cyder or Perry imported from beyond the Seas and so proportionably to be paid by the Importer before landing over and above the Duties payable for the same 4 l. For every Gallon of single Brandy Spirits or Aqua-vitae imported from beyond the Seas to be paid by the Importer before landing over and above the Duties payable for the same 6 d. and of double above proof 1 s. For every Hogshead of Cyder and Perry made and sold by retail to be paid by the Retailer and so proportionably for a greater or lesser Measure over and above the Duties payable for the same 1 s. 3 d. For every Gallon of Metheglin or Mead made for sale whether by retail or otherwise to be paid by the Maker 3 d. And these Duties shall be levied The several Duties how to be collected collected and paid in the same manner and form and by such Rules and under
such Penalties and Forfeitures as in the Acts made in the 12th year of King Charles II. and the 15th of the same King are mentioned or by another Law in force relating to the said Revenue of Excise and the Clauses in the said Acts to be of force for and concerning the Duties hereby granted as if particularly recited in the Body of this Act. IX The Commissioners of the Excise Monies arising by these Duties to be kept apart and the Commissioners and other Officers of the Customs at the Head-Office in London shall separate and keep apart all the Monies arising by these Duties as the same shall from time to time arise or be paid into the said Office of Excise or unto the Receiver-General of the Customs and the Comptroller of the Excise and of the Customs or their respective Deputies shall keep a distinct account in Books fairly written of all those Rates and Duties to which all Persons shall have free access at all reasonable times gratis Holidays no pay-days And the Commissioners of the Excise and Customs are to pay weekly upon every Week if it be not a Holiday and then the next day after that is not a Holiday Monies how to be paid these Monies into the Receipt of the Exchequer distinct and apart from other Monies they shall receive and in the Office of the Auditor of the Receipt one Book shall be kept in which all the said Weekly Monies shall be entred apart Commissioners neglecting or misapplying their Forfeiture And if the Commissioners shall refuse or neglect to pay into the Exchequer all or any of the said Weekly Sums in such manner as hereby required or shall divert or misapply any part of the same or if such Comptroller shall neglect his Duty in keeping such Accounts then he or they shall forfeit their respective Places and be incapable of any Place of Trust or Office whatsoever and such Commissioner shall be liable to pay the full value of any Sum diverted or misapplied to any Person that shall sue for the same in any of their Majesties Courts of Record at Westminster Necessary Charges to be deducted Their Majesties out of the Duties may allow Salaries and incident Charges as shall be necessary for receiving collecting and managing the same Duties Head-Office to continue in London or within ten miles The Head-Office of Excise now in London shall be continued there for ever or within ten miles thereof And likewise for ever shall be continued there or within the same distance a Comptroller of the Excise the Commissioners of Excise and Comptroller to be appointed by their Majesties their Heirs and Successors X. What shall be the yearly Fond. That yearly and every year reckoning the first year to begin from the 1st of June 1694. the full Sum of 140000 l. out of these Monies by the said Duties of Tunnage and Excise and to be brought into the Receipt of the Exchequer by weekly payments in case the weekly payments shall extend thereunto shall be the whole and intire yearly Fond. In case of deficiency how to be supplied And in case the said weekly payments shall not amount to so much then as far as they will extend shall be part of the yearly Fond for and towards the answering and paying of the Annuities and other Purposes in this Act after mentioned And in case of deficiency by the said Duties of Tunnage and Excise to discharge and satisfie the Annuities and other Benefits and Advantages by this Act appointed or intended to be paid within any one year to be reckoned as aforesaid or if they shall not amount in their weekly payments to so much as 140000 l. within such time then the deficiency shall be made good out of any Treasure or Revenue belonging to their Majesties their Heirs or Successors not being appropriated to any particular Uses by any Act of Parliament and that to be issued and paid without any farther or other Warrant but to be done by virtue of this Act towards the discharging and paying of the said Annuities and Benefits as together with the Monies brought into the said Receipt for the Duties hereby granted shall compleatly pay off the same within the year respectively grown due And the yearly Sum of 140000 l. arising by and out of the said Impositions and Duties hereby granted shall be kept separate and apart in the Receipt of the Exchequer to be paid from time to time unto such Person or Persons and in such manner proportion and form as is herein after directed XI Their Majesties to appoint Commissioners to take Subscriptions Their Majesties by Commission under the Great Seal of England may authorize and appoint any number of Persons to take and receive all such voluntary Subscriptions as shall be made on or before the first day of August 1694. by any Person or Persons Natives or Foreigners Bodies Politick or Corporate for and towards the raising and paying into the Receipt of the Exchequer the Sum of 1200000 l. part of the Sum of 1500000 l. And that the yearly Sum of 100000 l. part of the said yearly Sum of 140000 l. rising by the said Duties and Impositions shall be applied issued and directed and is hereby appropriated to the use of such Persons and Bodies Politick as shall make such voluntary Subscriptions and Payments their Heirs Successors or Assigns in the proportion hereafter mentioned that is to say The Monies how to be divided and proportioned That each weekly or other payment rising out of the Duties and Impositions by this Act granted shall by the Auditor of the Receipt of Exchequer from time to time as the same shall be paid in be separated and divided into five seventh parts and two seventh parts which is according to the proportion of the said yearly Sum of 100000 l. to the said yearly Sum of 140000 l. which five seventh parts of the said several payments arising by the Duties of this Act and so set apart are appropriated towards the payment of the said yearly Sum of 100000 l. and shall from time to time be issued and paid to the uses of the Subscribers and Contributors towards the raising and paying into the Receipt of Exchequer the Sum of 1200000 l. XII The 200000 l. and 100000 l. to be assigned or transferred Their Majesties by Letters Patents under the Great Seal may limit direct and appoint in what manner and proportions and under what Rules and Directions the said Sum of 200000 l. and the said yearly Sum of 100000 l. and every or any part or proportion thereof may be assignable or transferrable assigned or transferred to such Person or Persons only as shall freely and voluntarily accept of the same and not otherwise The Contributors to be incorporated and to incorporate all and every such Subscribers and Contributors their Heirs Successors and Assigns to be one Body Corporate and Politick by the Name of Governor and
out and returning home The Lord High-Admiral or Commissioners for executing that Office shall exhibit to the Commons assembled in Parliament at the next Session of this or any other Parliament which shall happen after the first of August 1694. a Certificate in Writing under his or their Hands respectively of the Ships set out in pursuance of the said recited Clause expressing therein the Name and Rates of the Ships set out the times when ordered as also the Stations to which they were directed and the times how long they were continued at Sea in that Service XXXVI Fees of the Officers of the Exchequer 1 d in the Pound The Officers of the Receipt of the Exchequer may receive and take for their Fees one peny in the pound and no more for all or any the Sums of Mony to be issued or paid to any their Majesties Garrisons Land-Forces and Armies and other Charges incident to the same out of the Mony arising by this or any other Act and Grant of this Session or any other Session of Parliament during this present War to be distributed in such proportion as the Lord Treasurer or Commissioners of the Treasury shall appoint XXXVII No Collector Gauger or Officer of Excise shall give his Vote for Parliament Man After the first day of May 1694. no Collector Supervisor Gauger or other Officer or Person whatsoever concerned in the Excise or any Branch or Part thereof shall by Word Message or Writing or in any other manner whatsoever endeavour to perswade any Elector to give or disswade any from giving his Vote for the Choice of any Person to be a Knight of the Shire Citizen Burgess or Baron of any City Borough or Cinque-Port to serve in Parliament and every Officer or other Person offending shall forfeit 100 l. one moiety to the Informer The Penalty for offending the other to the Poor of the Parish where such Offence shall be committed to be recovered by any Person that shall sue for the same in any of their Majesties Courts at Westminster and every Person convict on any such Suit of the said Offence shall be disabled and incapable of ever executing any Office relating to the Duty of Excise or other Office or Place of Trust whatsoever under their Majesties their Heirs or successors XXXVIII Gaugers to leave Notes in Writing True Notes in Writing of the last Gauges made or taken by the Gaugers shall be left by them with Brewers Makers or Retailers of Beer Ale or other Excisable Liquors or some of their Servants at the times of taking their said Gauges Penalty for neglecting containing the quantity and quality of the Liquors so gauged upon the Penalty of 5 l. for every Offence or Neglect to be recovered by any Person that shall sue for the same in any of their Majesties Courts of Record at Westminster An Act upon Parchment c. I. Stat. 5 6 W. M. Sess 5. cap. 15. The Act when to commence From the 28th of June 1694. shall be paid the several Duties upon Vellum Parchment and Paper for four Years thence ensuing viz. For every Skin or piece of Vellum or Parchment Letters Patents on which any Grants or Letters Patents under the Great Seal of England or the Seal of the Dutchy or County Palatine of Lancaster or of any Honour Dignity Promotion Franchise Liberty or Priviledge to any Person or Persons Bodies Politick or Corporate or Exemplifications of the same shall be ingrossed or written the Sum of 40 s. II. Pardons Reprieves Relaxations For every Skin or piece of Vellum Parchment or Sheet of Paper on which are ingrossed or written any Pardon of any Crime or of any Mony or Forfeiture or of any Warrant or Reprieve or Relaxation from any Fines Corporal Punishments or other Forfeiture shall pay 40 s. III. Grants of Mony by their Majesties For every Skin c. upon which any Grant from their Majesties of any Sum of Mony exceeding 100 l. which shall pass the Great Seal or Privy not directed to the Great Seal shall be engrossed or written 40 s. IV. Offices above 50 l. per Ann. For every Skin c. upon which any Grant of any Office or Imployment which shall be above the value of 50 l. per Annum shall be ingrossed or written 40 s. V. Grants of Lands in Fee for years c. For every Skin c. upon which any Grant of Lands in Fee Lease for Years or other Grant of Profit not herein particularly charged that shall pass the Great Seal Exchequer Seal Seal of the Dutchy or County Palatine of Lancaster or Privy Seal not directed to the Great Seal shall be ingrossed or written 40 s. VI. Ecclesiastical Promotions For every Skin c. upon which any Presentation or Donation under the Great Seal Collation by Archbishop or Bishop Presentation or Donation by any Patron to any Benefice Dignity or Spiritual Promotion such Benefice Dignity or Spiritual Promotion being 10 l. value or above in the Kings Books shall be ingrossed or written 40 s. VII Register Entry Testimonial c. For every Skin c. on which any Register Entry Testimonial or Certificate of any Degree taken in the Universities or Inns of Court shall be engrossed or written 40 s. VIII Dispensations Ecclesiastical For every Skin c. on which any Dispensation to hold two Ecclesiastical Dignities or Benefices or both a Dignity and a Benefice or any other Dispensation or Faculty from the Archbishop of Canterbury or the Master of the Faculties shall be ingrossed or written 40 s. IX Admittance of a Fellow of the Colledge c. For every Skin c. on which an Admittance of any Fellow of the Colledge of Physitians or of any Attorny Clerk Advocate Proctor Notary or other Officers in any Court whatsoever shall be ingrossed or written 40 s. X. Appeals from the Admiralty c. For every Skin c. on which any Appeals from the Court of Admiralty Arches Prerogative Court of Canterbury or York shall be ingrossed or written 40 s. XI Deeds inrolled For every Skin c. on which any Conveyances Surrenders of Grants or Offices Release or other Deed whatsoever enrolled in any Court of Westminster or other Court of Record or by any Custos Rotulorum or Clerk of the Peace shall be ingrossed or written 5 s. XII Writs of Covenant and Entry For every piece c. on which any Writ of Covenant for levying of Fines or Writs of Entry for suffering Recoveries shall be ingrossed or written 5 s. XIII Exemplifications For every Skin c. on which any Exemplification of whatever nature that shall pass the Seal of any Court whatsoever shall be ingrossed or written 5 s. XIV Decrees Dismissions For every Skin c. on which any Decree or Dismission made by or in the Chancery Exchequer Dutchy-Court or Courts of Lancaster Chester Durham or other
on which any Copies thereof shall be ingrossed or written 1 d. XLI Depositions Copies of Bills c. For every Skin c. on which any Depositions taken in the Court of Chancery or other Court of Equity except the Paper-draughts taken by the Commissioners before they are ingrossed which are not herein before charged or upon which any Copy of any Bill Answer Plea Demurrer Replication Rejoinder Interrogatories Depositions or other Proceedings whatsoever in any Court of Equity shall be ingrossed or written 1 d. XLII Copies of Wills For every Skin c. on which a Copy of any Will shall be ingrossed or written 1 d. XLIII Officers to mark the Writs Memorandums From and after the 28th of June 1694. every Officer or Clerk belonging to the Kings-Bench Common-Pleas or Exchequer who shall sign any Warrant or Process before Judgment to arrest any Person thereupon shall at the signing thereof set down upon such Writ or Process the Day and Year of his signing the same which shall be entred upon the Remembrance or in the Book where the Abstract of such Writ or Process shall be entred upon the Forfeiture of 10 l. XLIV Not to extend to single Bills This Act shall not charge any Bills of Exchange Accompts Bills of Parcels Bills of Fees or any Bills or Notes not sealed for payment of Mony at sight or upon demand or at the end of certain days of payment XLV Nor Seamen or Soldiers Will. Neither shall it charge the Probate of any Will or Letters of Administration of any common Seaman or Souldier who shall be slain or die in their Majesties Service upon Certificate made thereof XLVI Nor to Paupers None of the Rates or Impositions in this Act expressed shall be paid or payable to their Majesties by any Person or Persons that shall be admitted to sue or defend in Forma Pauperis XLVII Their Majesties to appoint Commissioners and they to appoint Under-Officers Their Majesties may under the Great Seal of England appoint Commissioners and Officers for the executing of this Act who are to keep their Head-Office in some convenient Place within the Cities of London or Westminster which said Commissioners or the major part are also impowered under their Hands and Seals to appoint Inferior Officers for the marking or stamping of Vellum Parchment and Paper and for levying and collecting the Duties Stamps to be made And the said Commissioners shall before the 28th day of June 1694. provide six several Marks or Stamps differing from each other with which all Vellum Paper and Parchment herein before charged shall be ingrossed or written shall be stampt or ingrossed viz. One Stamp for the Vellum Parchment and Paper charged with the payment of 40 s. for every Skin Piece or Sheet shall be stampt or markt One other Stamp or Mark with which all Vellum Parchment and Paper herein before charged with the payment of 5 s. for every Skin Sheet or Piece as aforesaid shall be markt or stampt and so respectively a different Mark or Stamp with which all Vellun● Paper and Parchment herein before charged with the several Duties of 2 s. 6 d. 1 s. 6 d. and 1 d. shall be severally and differently markt and stampt Published by Proclamation which said several Marks and Stamps shall be published by Proclamation under the Great Seal a convenient time before the said 28th day of June to the end all Persons may have due notice thereof And the said Marks and Stamps may be altered or renewed as their Majesties shall think fit publick notice being given thereof by Proclamation XLVIII The Vellum c. to be stamped before written All Vellum Parchment and Paper hereby intended to be charged with the several and respective Duties aforesaid shall before any thing ingrossed or written thereon be brought to the Head-Office or some other Sub-Commissioner or Officer to be appointed for the same to be stamped and marked who upon demand shall stamp or mark it upon payment of the respective Duties without other Fee which Stamp or Mark shall be a sufficient discharge for the respective Duties aforesaid XLIX Penalty of stamping before Duty paid If any Commissioner or Officer shall fix the Mark or Stamp before the respective Duties thereon charged shall be duly paid or secured he shall forfeit for every such Offence 100 l. L. Penalty of writing before it be stampt If any Person shall ingross or write or cause to be ingrossed or written upon any Vellum Parchment or Paper any thing for which the said Vellum c. is hereby charged before it shall be marked or stampt as aforesaid or upon which there shall not be some Stamp or Mark resembling the same Or shall ingross or write upon any Vellum Parchment or Paper that shall be marked or stamped for any lower Duty than the Duty by this Act payable the Offender for every such Offence shall forfeit 500 l. LI. Penalty on Officers Clerks or Attornies for fraudulent Practice Any Clerk or Officer who in respect of his publick Office or Imployment is or shall be entituled or intrusted to make ingross or write any Records Deeds Instruments or Writings by this Act chargable as aforesaid shall be guilty of any Fraud or Practice by making ingrossing or writing any such Record Deed Instrument or Writing upon Vellum Parchment or Paper not marked or upon which there shall not be some Stamp or Mark resembling the same or upon Vellum Parchment or Paper stamped with this Mark or Stamp which he shall know to be counterfeited or upon Vellum Parchment or Paper that shall be markt or stampt for a lower Duty as aforesaid every such Officer c. so guilty and thereof lawfully convicted shall over and above the Penalty aforesaid forfeit his Office Place or Imployment And if any Attorny shall be guilty thereof and convicted he shall be disabled for the future to practice as an Attorny And if any Deed Instrument or Writing shall be written or ingrossed by any Person not being a known Officer or of publick Imployment intituled to write or ingross the same upon Vellum Parchment or Paper not marked or stamped according to this Act or of a lower Duty as aforesaid Penalty of forging a Stamp in every such case there shall be due to their Majesties over and above the Duties aforesaid the Sum of 5 l. for every such Deed and no such Deed or Record shall be pleaded or given in Evidence in any Court either of Law or Equity till the said 5 l. be paid and the said Vellum Parchment or Paper be stampt with a lawful Mark which the Officer is to do upon payment of the said 5 l. And if any Person shall counterfeit or form any Stamp or Mark to resemble any Stamp provided by this Act or shall counterfeit or resemble the Impression of the same upon any Vellum Parchment or Paper to defraud their Majesties of the Duties hereby granted or