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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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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
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
shall be charged upon the Credit of the Exchequer in General and Tallies of Loan and Orders of Repayment levied which Orders shall be assignable LXXXV All Sums of Money so to be borrowed with Interest for the same not exceeding 7 l. per Cent. or so much thereof as shall not be repaid out of the Money that shall be advanced upon the Terms herein mentioned at or after the 24th day of June 1693. and before the 29th of September following all which Moneys to be advanced between the said 24th of June and 29th of September shall be appropriated for the discharging the Loans made upon this Act shall be satisfied to the Lenders out of any of the next Aids to be granted in Parliament and shall be transferrable as soon as such Aid shall be granted And in case no Aid be granted before the 2d of February 1693. the said Sums shall be satisfied out of any of Their Majesties Treasure not already appropriated by Act of Parliament LXXXVI And if the Sum of 500000 l. part of the said Sum of 1000000 l. be not advanced before the 1st of May 1693. Their Majesties may borrow upon Interest as aforesaid any Sum not exceeding 500000 l. to be paid out of such Moneys as shall be advanced upon this Act between the said 1st day of May and the said 29th day of September in case the Money so advanced be sufficient or otherwise so much thereof as the same shall extend to pay and the residue of the said Sum of 500000 l. shall be reckoned as part of the said Sum before directed to be paid out of the next Aids to be granted in Parliament LXXXVII If the whole Sum of 1000000 l. be not advanced before the said 1st day of May any persons after that day and before the 29th of September next following may advance any Sums not exceeding in the whole with what shall have been advanced before the said 1st day of May the Sum of 1000000 l. upon the Terms following viz. That every such Person out of the Duties arising by this Act shall have for every 100 l. a yearly Annuity of 14 l. for his own or any other Life to be by him nominated as aforesaid within 6 days after Payment which Annuities shall commence from the 29th of September 1693. and be paid at the Four most usual Feasts in the year And upon Payment of any such Sums the Persons paying the same shall have one or more Tallies importing the Receipt thereof and Orders for Payment c. to be sign'd as aforesaid and not to be revocable and to be assignable And the Moneys arising by the Duties hereby granted besides so much as shall bear proportion as aforesaid to the Sum which shall be advanced before the 1st day of May 1693. shall be appropriated to the Payment of the said Annuities and not be diverted under the like Penalties as are before appointed in case of misapplying c. The said Officers shall keep Books and make Entries of their Names who shall advance Money after the said 1st day of May and of the Sums advanced and the times of paying in and the Names of the Nominees without Reward to which Books all Persons concern'd shall have access under the Penalties and Disabilities aforesaid and they that shall advance any Sum after the said 1st of May shall have Interest for it till the 29th of Septem 1693. at the rate of 10 l. per Cent. LXXXVIII If any Contributor who shall have advanced any Sum before the said 1st of May shall before the said 29th of September be desirous in lieu of his Share in the Fonds to have an Annuity of 14 l. a year for any Sum of 100 l. by him advanced during the Life of his Nominee a Memorial thereof shall be entred in a Book for that purpose to be kept in the Receipt and the said Entry being sign'd by such Contributor he shall receive such Annuity as if the Moneys by him advanced had been paid in after the 1st day of May And such Contributors Share in the Fonds shall determine for Their Majesties Benefit LXXXIX The Surplus of any Money arising by this Act after the several Proportions of the Fonds and the Annuities and Interest paid shall be to the Use of Their Majesties XC No Moneys lent or payable by Virtue of this Act shall be charged with any Impositions whatsoever XCI Grants or Dispositions of any Money arising by this Act to be made by Their Majesties Their Heirs c. otherwise then by this Act is appointed shall be null and void Frauds I. STat. 3 4 W. M. cap. 14. All Wills concerning Lands or any Rents Profits Term or Charge out of the same whereof the Devisors shall be seiz'd in Fee-simple in Possession Reversion or Remainder or have power to dispose thereof after the 25th day of March 1692. shall be deemed only as against Creditors upon Bonds or other Specialties their Executors c. to be fraudulent and void II. And such Creditors shall have their Actions of Debt against the Heirs at Law and such Devisees joyntly and such Devisees shall be chargeable for a false Plea as any Heir should have been III. Where there shall have been any Devises of Lands for Payment of just Debts or Childrens Portions other then the Heir at Law in pursuance of any Marriage Agreement made in Writing bona fide before such Marriage they shall be in force IV. Where any Heir at Law shall be liable to pay the Debt of his Ancestor in regard of any Lands descending to him and shall make over the same before any Action brought such Heir shall be answerable for such Debts to the Value of the Land made over in which Cases all Creditors shall be preferred as in Actions against Executors and Administrators and Execution upon any Judgment so obtained shall be taken out against such Heir to the Value of the Land as if they were his own Debts saving that Lands bona fide aliened before the Action brought shall not be liable to such Execution V. Where any Action of Debt upon a Specialty is brought against an Heir he may Plead Riens per discent at the time of the Original Writ brought and the Plaintiff may Reply that he had Lands from his Ancestor before the Original Writ brought and if upon Issue joyn'd thereon it be found for the Plaintiff the Jury shall enquire of the Value of the Lands descended and thereupon Judgment shall be given and Execution awarded as aforesaid but if Judgment be given against such Heir by Confession without Confessing the Assets descended or upon demurier or nihil dicit it shall be for the Debt and Damages without any Writ to enquire of the Lands VI. Devisees made liable by this Act shall be Chargeable as the Heir at Law by force of this Act though the Lands Devised be Aliened before the Action brought VII This Act to continue for Three Years and to the End of the then
mentioned and the making and subscribing the Declaration in the said Act of the 30th year of King Charles II. mentioned by the Members of each House from and after the first day of March next shall be effectual as if the said Oaths of Allegiance and Supremacy had been taken c. And in all future Parliaments the Oaths herein after mentioned and the said Declaration shall be taken made and subscribed by every Member of either House as the said Oaths of Allegiance and Supremacy and the said Declaration by the said Act of the 30th year of King Charles II. are appointed to be taken to enable them to sit and vote in Parliament IV. The Oaths above appointed by this Act to be taken instead of the Oaths of Allegiance and Supremacy 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 or 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 Power Jurisdiction Superiority Preheminence or Authority Ecclesiastical or Spiritual within this Realm So help me God V. This present Parliament may be dissolved after the usual manner as if summoned by Writ VI. Stat. 2 W. M. Sess 1. cap. 7. Whereas the late Lord-Wardens of the Cinque-Ports have claim'd a Power of nominating and recommending to each of the said Cinque-Ports the two ancient Towns and their Members one person whom they ought to elect as a Member of Parliament be it declared and enacted That all such Nominations and Recommendations were and are contrary to the Laws and Constitutions of this Realm and for the future shall be so deemed and they are hereby declared to be void Poor I. Stat. 3 4 W. M. cap. 11. The Act made in the 13th and 14th years of the late King Charles II. Entituled An Act for the better Relief of the Poor of this Kingdom except what relates to the Corporations therein mentioned which was revived and continued with Alterations by an Act made in the first year of the late King James II. shall be in force from the first day of March 1691. II. The forty days continuance of a person intended by the said Acts to make a Settlement shall be accounted from the publication of a notice in writing which he or she shall deliver of the House of his or her Abode and number of his or her Family to the Church-warden or Overseer of the Poor which shall be read immediately after Divine Service in the Church or Chappel of the Place on the next Lords Day where there shall be Divine Service in the same the Church-warden or Overseer to Register such notice in the Book kept for the Poors Accounts III. No Souldier or other Person in their Majesties Service by delivery and publication of notice as aforesaid unless they be dismist the Service IV. Church-wardens or Overseers refusing to read or cause to be read such notice as aforesaid upon proof thereof by two Witnesses upon Oath before a Justice of Peace shall forfeit 40 s. to the use of the party grieved to be levied by distress and sale of Goods by Warrant of a Justice of Peace to the Constable and for want of a Distress shall be committed to Gaol for a month and if any Church-warden or Overseer shall neglect or refuse to Register such notice as aforesaid they shall forfeit 40 s. to be levied as aforesaid and for want of a Distress shall be committed as aforesaid V. If any person coming to inhabit in any Town or Parish shall on his own account execute any Publick annual Office or charge in the same during a year or pay his share towards the publick Taxes or Levies of such Town c. he shall be adjudged to have a legal Settlement without notice in Writing delivered c. VI. If any unmarried person not having Child or Children shall be lawfully hired for a Year such Service shall be deemed a good Settlement without notice c. VII Being bound Apprentice and inhabiting in a Town or Parish shall be adjudged a good Settlement VIII Persons agrieved by the determination of any Justices of the Peace may appeal to the next Quarter-Sessions who shall finally determine the same IX If any person be removed by virtue of this Act from one place to another by Warrant of two Justices of Peace the Church-wardens or Overseers of the place to which he shall be removed shall receive him and in case of refusal upon proof by two Witnesses upon oath before a Justice of Peace of the County Riding c. to which he shall be removed shall forfeit 5 l. to the use of the Poor of the Parish from which he shall be removed to be levied by distress and sale of Goods c. by Warrant of a Justice of Peace of the County c. to which he shall be removed to the Constable of the place where such Offender dwells and for want of a Distress shall be committed to Gaol for forty days X. Persons agrieved by the Judgment of the said two Justices may appeal to the next General Quarter-Sessions of the place from which the said person was removed XI There shall be kept in every Parish at the Parish Charge a Book or Books wherein the Names of persons receiving Collections shall be registred with the time when they were first admitted to have relief and the occasion of their necessity and yearly in Easter-Week or oftner the Parishioners shall meet and have such Books produced before them and the persons receiving Collections shall be called and the reasons of their taking relief examined and a new List be made and entred of such as they shall think fit to allow to receive collection and no other shall be allowed to receive Collection but by Authority under the Hand of a Justice of Peace residing in the Parish and if there be none in the Parts next adjoyning or by order of the Justices of Peace in their Quarter-Sessions except in cases of Pestilential Diseases Plague or Small-pox in respect of Familes infected only XII In all Actions to be brought in the Courts at Westminster or at the Assizes for Monies mis-spent by the Church-wardens or Overseers the Evidence of the Parishioners other than such as receive Alms of the Parish where the Defendants are Inhabitants shall be taken and admitted Prisoners I. Stat. 2 W. M. Sess 2. cap. 15. All persons in prison upon the 28th day of November 1690. for Debt or Damages or upon any Action or mean Process for Debt Account or Trespass upon the Case or who may have Judgments entred
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
this Act in execution may plead the General Issue c. and if the Plaintiffs discontinue or delay prosecution or become non-suit or a Verdict or Judgment pass against them the Defendants shall recover their treble Costs XV. After the first day of September 1690. none of the Commodities hereby prohibited shall be imported from Guernesey Jersey Alderney Sark or Man into England Ireland Wales or Berwick under the Penalties and Forfeitures contain'd in this Act. XVI None shall sell at or demand a greater price for any French Wines or so reputed or other Wines mixt with French Wines after the 10th day of September 1689. to the 10th day of September 1690. than 12 d. by the Quart and after the 10th of September 1690. 6 d. by the Quart and no more on pain to forfeit for every Quart 5 l. for the first Offence to the Informer and 10 l. for the second and every other Offence to be recovered by Action of Debt Bill Plaint or Information c. XVII After the 10th of Sept. 1689. no Retailer of Wines shall utter them other than in Measures made of Pewter and sealed according to the Statute on pain to forfeit 5 l. for every such Offence to the Informer to be recovered as aforesaid XVIII If any Merchant Vintner Wine-cooper or other Persons selling Wines by whole-sale or retail shall corrupt or adulterate any Wine or shall utter Wine corrupted or adulterated they shall forfeit 300 l. for every such Offence the one moiety to their Majesties and the other to him that will sue for the same by Action of Debt Bill Plaint or Information c. and shall suffer three months Imprisonment XIX Stat. 2 W. M. Sess 2. cap. 14. If any Officer of the Customs or Prizes shall knowingly suffer any Goods or Manufactures imported as Prizes or otherwise contrary to an Act made in the first year of their Majesties Reign Entituled An Act for prohibiting all Trade and commerce with France to be admitted to an Entry or to be embezil'd and not stav'd spilt burnt or destroy'd as the said Act directs he shall forfeit 500 l. one moiety to their Majesties the other to the Informer and shall be uncapable of executing any Office in their Majesties Revenue XX. If any Persons after the first of February 1690. shall utter by retail by Glass-Bottles or by any other Retail-measure not made of Pewter and seal'd according to Law any Wines or other Liquor or shall sell the same for a greater price than by the said Act is appointed and shall be convicted by confession or the Oath of two Witnesses before a Justice of Peace being prosecuted within thirty days after the Offence committed they shall forfeit 5 s. for every such Offence which if not paid upon demand shall be levied by distress and tale of Goods by such Justices Warrant to the Constable Headborough c. the Mony so levied to be given to the Informer and for want of a distress the Offender to be committed to the common Gaol till payment of the penalty and all necessary Costs to be taxed by the Justice or Justices before whom the Conviction was XXI Offenders punished by virtue of this Act shall not incur the Penalty of any former Law for the same Offence and no Writs of Certiorari shall supersede or remove any Proceedings by virtue of this Act. XXII Persons resisting abusing beating or wounding an Officer Informer or other Person impowred hereby or such as shall act in their Aid shall by the next Justice of Peace or other Magistrate be committed to prison till the next Quarter-Sessions where they shall be punished by Fine not exceeding 5 l. and the Offender to remain in prison till he be discharged of his Fine and Imprisonment by Order of the Justices or any two of them XXIII Stat. 4 5 W. M. cap. 17. A joint Stock of 40000 l. at least shall be raised by Subscriptions by Sir W.S. H.B. R.H. J.S. G.B. F.G. E.P. E.H. J.J. E.B. B.S. M.A. R.M. J.G. J.K. T.S. W.B. R.B. R.H. J.B. J.B. P.P. T.P. C.M. S.H. S.N. B.S. N.C. T.C. P.G. J.B. T.K. H.S. R.M. J.P. R.C. P.G. A.B. A.M. J.O. J.P. and T.G. on or before the first day of May next and shall be paid to the use of the Company established by this Act. XXIV And be it enacted That the said Sir W.S. H.B. and the rest of the Persons afore-named and all and every other Person and Persons subjects born or naturalized or endenizend who shall have any share in the said Joint-Stock shall be incorporated by the Name of the Company of Merchants of London trading to Greenland and shall have a common Seal and Ability to purchase Lands and Tenements in Succession so as the same exceed nor the yearly value of 100 l. and to do and execute all Matters and Things which any other Body Corporate may lawfully do or execute XXV The said Company during the continuance of the said Joynt-Stock shall freely use the Trade and Merchandize of catching Whales into and from Green land and the Green-land Seas and in all Seas and Places whatsoever except in the Seas belonging to their Majesties Colonies and Plantations in America without interruption or disturbance any Law Statute or other thing to the contrary notwithstanding XXVI A Governor Deputy-Governor and sixteen Committees shall be elected as followeth who shall have the management and direction of the said Trade XXVII A Book for Subscriptions shall be provided within ten days after the passing of this Act by the first five of the said Persons or any three of them in which shall be subscribed on or before the first day of May next by the Persons above-named or the Survivors of them the said Joint-Stock which shall not be less then 40000 l. no Subscriber to subscribe less than 500 l. nor more than 2000 l. XXVIII All Persons subscribing shall on or before the said first day of May pay down to such as the Persons before-named or the major-part of them shall appoint one fourth part of the Sums they subscribe and the remainder at such times and in such manner as shall be appointed by the Governor or Deputy-Governor and Court of Committees so as the whole Sum subscribed be paid within four years after the said first day of May. XXIX Defaulters in payment shall after such default have no other advantage by such Subscription than in proportion to such Sums as they shall have actually paid and farther shall forfeit to the use of the Adventurers in the said Joint-Stock 10 l. for every hundred pounds of such Sum as they shall omit to pay in to be deducted out of the Mony by them paid in XXX Before the 25th day of May next any thirteen of the said Persons before-named shall call a Court of all the Subscribers and others who shall then have any share in the said Joint-Stock who shall meet and chuse one fit Person having subscribed 1000 l. or upwards and paid in one
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
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