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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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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
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
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
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
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
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
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
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