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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
Exchequer and their Sureties and all Recognizances and Conditions for the payment of Mony XXV This Act shall not discharge any Recognizance c. not yet forfeited nor any forfeited Recognizanc c. whereof the Farmers of the Excise or any part of the Revenue ought to receive benefit nor any Debt due by Recognizance c. to any Persons endebted to their Majesties which hath been seiz'd in Aid nor any Debt whereupon any enstalment or seizure hath been made upon which any thing is or since the 25th of March hath been answered and paid nor to discharge any Forfeitures or Sums of Mony due to their Majesties by any Statute which Forfeitures c. since the said 25th of March are converted into the nature of a Debt or have been install'd or any seizure made for them upon which any thing has been paid since the said 25th of March. XXVI But all Recognizances c. forfeited since the said 25th of March for non-payment in any Court or other place or not keeping the Peace or not being of the Good Behaviour are discharged except Recognizances granted to or in trust for the Lord Almoner XXVII And except all Issues Fines and Amerciaments lost or assessed since the said 25th day of March being totted or received by any Officer before the last day of this Session of Parliament and all Issues c. lost or assess'd since the said 25th day of March affeered taxed estreated or entred severally touching any one or more Persons joyntly or severally above 6 l. and except Issues Fines c. set in any Court of Record at Westminster within a year before the first day of this Parliament XXVIII But all other Fines as well pro lic concord as others set or entred before that time and Issues and Amerciaments as well real as others set or entred before the time aforesaid and which do not exceed 6 l. whether estreated or not estreated whether turn'd into Debt or not and not being totted or received by any Officer before the first day of this Parliament shall be discharged yet nevertheless the estreats of such Fines c. already estreated out of the Exchequer and remaining in the Sheriffs Hands shall upon the return of such Estreats be charged and delivered by Scrowes into the Pipe-Office as hath been accustomed and yet Sheriffs and other Accountants upon Petition to have allowance for such Fines c. as are pardoned shall have their Petition allowed without Fee XXIX This Act shall not pardon any who by Name are excepted out of the Act of Oblivion made 12 Car. 2. nor to those two Persons who appeared in Vizors upon the Scaffold when King Charles I. was murther'd XXX Nor shall this Act restore any Ability to exercise Offices or to serve in Parliament c. to persons disabled by any other Laws XXXI Nor shall this Act discharge any person who if he after the first day of September 1660. has exercised any Office is by the said Act of 12 Car. 2. to stand as if excepted out of the said Act by Name XXXII And except all persons attainted by Act of Parliament or otherwise for any Rebellion levying of War or any Conspiracy thereof in any of their Majesties Dominions and all persons attainted or outlawed for any other Treason Petit Treason Murder wilful Poysoning or Burglary XXXIII And except all persons who by any former Act are by Name made liable to any penalties whatsoever XXXIV And except persons who after conviction or attainder for any Felony have desired to be transported XXXV And except persons who being excepted out of the said general Act of 12 Car. 2. have had any pains or penalties imposed on them by any subsequent Act. XXXVI And except all penalties of 500 l. which shall by any Act of this Session be inflicted for holding Offices contrary to an Act of Parliament made in the 25th of King Charles II. Entituled An Act for preventing Dangers which may happen from Popish Recusants XXXVII And except William Marquiss of Powis Theophilus Earl of Huntington Robert Earl of Sunderland John Earl of Melfort Roger Earl of Castlemain the Lord Thomas Howard Nathaniel Lord Bishop of Durham Thomas Lord Bishop of St. Davids Henry Lord Dover William Molineux Sir Edward Hales Sir Edward Herbert Sir Francis Wythens Sir Richard Holloway Sir Edward Lutwich Sir Richard Heath Sir Thomas Jenner Sir Roger l'Estrange Sir Nicholas Butler Edward Petre Thomas Tindesley Townly Rowland Tempest Edward Morgan Obadiah Walker Robert Brent Richard Graham Philip Burton Robert Lundy Matthew Crone and George Lord Jefferies deceased XXXVIII And also except all Offences committed by Jesuits and Romish Priests contrary to the Statute made in the 27th year of Queen Elizabeth Entituled An Act against Jesuits Seminary Priests and other disobedient Persons and except all Convictions of Popish Recusants XXXIX No Process of Outlawry at the Suit of any person Plaintiff shall by virtue of this Act be stay'd unless the Defendant appear and put in Bail where the Law requires it and take out a Seirs Fac Nor shall this Pardon discharge any Outlawry after Judgment till satisfaction or agreement with the party XL. Persons hereby pardoned may plead the Ceneral Issue and give this Act in Evidence XLI This Act shall be of as good force to pardon and discharge the Premisses against such as claim the same by any Grant from the Crown as against their Majesties themselves XLII Nothing in this Act shall discharge any person from abetting or procuring the raising War or Rebellion against their Majesties or adhering to their Enemies since the 13th day of February 1688. unless such person shall before the 20th day of July next or sooner if required take this Oath in such Court as shall have power to administer the same viz. I A. B. do sincerely promise and swear That I will be faithful and bear true Allegiance to their Majesties King William and Queen Mary So help me God Parliament I. Stat. 1 W. M. Sess 1. cap. 1. The Lords Spiritual and Temporal and Commons conven'd at Westminster the 22th day of January 1688. and there sitting on the 13th day of February following are the two Houses of Parliament to all intents and purposes notwithstanding the want of any Writs of Summons or other defect of Form and this Act and all other Acts to which the Royal Assent shall be given before the next Prorogation shall be adjudged to commence upon the said 13th day of February II. The Act made in the 30th year of King Charles II. Entituled An Act for the more effectual preserving the Kings Person and Government by disabling of Papists from sitting in either House of Parliament and all other Acts of Parliament as to so much of them as concerns the taking the Oaths of Allegiance and Supremacy or either of them by any Member of either House of Parliament with relation to their sitting and voting there are hereby repealed III. And the taking the Oaths herein after
Courts of Equity shall be written or ingrossed 6 d. XV. Licenses Ecclesiastical For every Skin c. on which any Institution or Licence under Seal of any Archbishop Bishop Chancellor or other Ordinary or any Ecclesiastical Court shall be written or engrossed 5 s. XVI Writs of Error c. For every Skin c. on which any Writs of Error Certioraries Habeas Corpus's or Appeals except to the Delegates shall be written or ingrossed 5 s. XVII Significavit pro Corp. c. For every Skin c. on which any Significavit pro Corporis deliberatione shall be written or ingrossed 5 s. XVIII Sentences c. in the Admiralty c. For every Skin c. on which any Sentence in the Court of the Lord High Admiral or Cinque-Ports exercising Admiralty Jurisdiction Attachments out of the said Court of Admiralty or any Relaxation of any such Attachment shall be ingrossed or written 5 s. XIX Licenses of Marriage c. For every Skin c. on which any Licence or Certificates of Marriage or Letters of Mart shall be ingrossed or written 5 s. XX. Probate of Wills c. For every Skin c. on which any Probate of Wills or Letters of Administration for any Estate above 20 l. value shall be written or ingrossed 5 s. XXI Recognizances Statutes For every Skin c. on which any Recognizance Statute-Staple or Merchant shall be ingrossed or written or entred of Record in any Court or Office 5 s. XXII Nisi prius Posteas For every Skin c. on which any Record of Nisi Prius or Postea shall be ingrossed or written 2 s. 6 d. XXIII Judgments For every Skin c. on which are ingrossed or written any Judgment which shall be signed by any Member of the Office or Prothonotaries their Deputies Secondaries or Clerks or others belonging to any the Courts of Westminster who have Power or usually do or shall sign Judgments 2 s. 6 d. XXIV Commissions Ecclesiastical For every Skin c. on which any Commission out of any Ecclesiastical Court not herein otherwise particularly charged shall be written or ingrossed 2 s. 6 d. XXV Warrants Decrees in Admiralty or Cinque-Ports For every Skin c. on which are ingrossed or written any Warrant Monition or personal Decree in any Courrt of Admiralty or Cinque-Ports any beneficial Warrant or Order under their Majesties Sign Manual except Warrant or Orders for the Navy Arms and Ordnance 2 s. 6 d. XXVI Special Bail For every Piece c. on which are ingrossed or written any Special Bail in any of the Courts at Westminster or before a Judge which shall be filed in the Court and also Appearances thereof 1 s. XXVII Bills Answers c. For every Skin c. on which shall be ingrossed or written any Bill Answer Replication Rejoinder Interrogatories Depositions taken by Commission or any other Pleadings whatsoever in the Chancery Exchequer Dutchy and County Palatine Courts or other Courts of Equity 1 s. XXVIII Admission into Corporations c. For every Skin c. on which any Admission into a Corporation or Company Matriculation in either University Admission into any of the Inns of Court or Chancery shall be written or ingrossed 1 s. XXIX Affidavits For every Piece c. on which any Affidavit shall be ingrossed or written except for burying in Woollen and such Affidavits as shall be taken before the Officers of the Customs or any Justice of Peace or any Commissioner appointed or to be appointed by any Act of Parliament for the assessing and levying any Duties or Aids granted or to be granted to their Majesties which Affidavits shall be taken by the said Persons by virtue of their Authorities respectively 6 d. XXX Copies of Affidavits For every Piece c. on which are ingrossed or written Copies of Affidavits herein charged that shall be read or filed in any Court 6 d. XXXI Indentures Leases c. For every Skin c. on which are ingrossed or written any Indenture Lease or Deed Poll not hereby otherwise charged 6 d. XXXII Original Writs For every Piece c. on which any Original Writ except such on which a Capias issues Subpoena Bill of Middlesex Latitat Writ of Capias Quo minus Dedimus Potestatem to take Answers examine Witnesses or appoint Guardians or any other Writ Process or Mandate that shall issue out or pass under the Seals in any Court at Westminster Quarter Sessions in Wales Counties Palatine or any other Court whatsoever holding Plea where the Debt or Damage amounts to 40 s. or above or the demand is of the value shall be ingrossed or written 6 d. XXXIII Entry of Actions in Inferior Courts For every Piece c. on which any entry of any Action in the Mayors or Sheriffs Courts London and in all other Courts or Corporations out of which no Writs Process or Mandate issue holding Plea for Debts or Damages amounting to 40 s. or above shall be ingrossed or written 6 d. XXXIV Common Bail Appearance For every Piece c. on which are ingrossed or written any Common Bail to be filed in any Court and any Appearance that shall be made upon such Bail 6 d. which Appearance or Common Bail the Defendant shall cause to be entred or filed within eight days after the Return of the Process on which the Defendant was to be arrested on Penalty of 5 l. to be paid to the Plaintiff for which the Court shall immedately award Judgment and the Plaintiff may take out Execution XXXV Rule of Court For every Piece c. on which any Rule or Order made in any of the Courts at Westminster either Courts of Law or Equity shall be ingrossed or written 6 d. XXXVI Copies of Rules of Court and of Records For every Piece c. on which any Copy of such Rules and Orders entred or the Copies of any other Records or Proceedings in any of the Courts at Westminster not hereby otherwise charged shall be ingrossed or written 6 d. XXXVII Citations Monitions c. For every Skin c. on which any Citation or Monition made in any Ecclesiastical Court any Libel or Allegation Deposition or Signal Decree or any Inventory exhibited in any Ecclesiastical Court Courts of Admiralty or Cinque-Ports or Copies of them respectively shall be ingrossed or written 6 d. XXXVIII Charter-parties Policies c. For every Skin c. on which any Charter-party Policy of Assurance Pass-port Bond Release Contract or other Obligatory Instrument any Protest Procuration Letter of Attorny or any other Notarial Act whatsoever shall be ingrossed or written 6 d. XXXIX Declarations Pleas c. For every Skin c. on which any Declaration Plea Replication Rejoinder Demurrer or other Pleadings whatsoever in any Court of Law shall be ingrossed or written 1 d. XL. Copies thereof For every Skin c.
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
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
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