said Commissioners shall from time to time if required and at the end of their Proceedings by virtue of this Act give an Account thereof in writing under Five or more of their Hands and Seals to the King and Queen and both Houses of Parliament at their next Meeting VII All Accountants shall make their Accounts in the Exchequer as formerly this Act notwithstanding VIII The Powers hereby Granted shall endure for one Year from the 25th day of January 1690. and no longer IX The Lords Commissioners of the Treasury shall pay 500 l. to each Commissioner for his Care and Pains herein X. The said Commissioners or any Five or more of them shall take an Account what Sums of Money were ordered and paid during the late King James his Reign for Repairing the Fleet and how the same hath been disposed of XI This Act shall give no Authority to the said Commissioners to demand an Account of Money paid to Their Majesties Privy Purse or expended for secret Service XII Nothing in this Act shall hinder the said Commissioners from requiring an Account upon Oath of Pensions Salaries and Sums of Moneys paid or payable to Members of Parliament XIII Stat. 4 5 W. M. c. 11. Sir Thomas Clarges Kt. Sir Peter Colliton Bar. Sir Samuel Barnardiston Bar. Sir Benjamin Newland Kt. Sir Matthew Andrews Kt. Paul Foley Esq and Robert Harley Esq or any four or more of them are hereby constituted Commissioners for taking an Account of the Publick Revenue of the Crown and all other Accounts which by an Act made in the Second Year of Their Majesties Reign Entituled An Act for Appointing and Enabling Commissioners to Examine Take and State the Publick Accounts of the Kingdom were to be taken by Commissioners thereby constituted and the said Act is hereby revived and shall be in force from the 24th of April next to the 25th of April 1694. and be executed by the Commissioners herein named or any four or more of them And the Lords Commissioners of the Treasury shall issue and pay the like Allowances for Clerks and other Charges as the said Act directs and the like quarterly Payments to the Commissioners hereby constituted as by the said Act is appointed to the Commissioners therein named and the Commissioners hereby constituted shall take Accounts of all Their Majesties Revenue and other publick Moneys due and payable to them between the 5th day of November 1688. and the 25th day of April 1694 not yet accounted for by virtue of the said recited Act or the last Clause touching Publick Accounts in one Act in the Third Year of Their Majesties Reign Entituled An Act for Raising Money by a Poll c. Admiralty I. Sat. 2 W. M. Sess 2. c. 2. All and singular Authorities Jurisdictions and Powers which by Act of Parliament or otherwise are vested in the Lord High Admiral of England for the time being have always appertained to and shall be used and executed by the Commissioners of the Admiralty as if they were Lord High Admiral II. Every Officer present upon Tryals of Offenders by Courts Martial to be held by virtue of any Commission granted by the Lord High Admiral or Commissioners of the Admiralty shall before any proceeding to Tryal take this Oath to be administred by the Judge Advocate or his Deputy viz. You shall well and truly try and determine the matter now before you between our Sovereign Lord and Lady the King and Queens Majesties and the Prisoner to be tryed So help you God Bails I. Stat. 4 5 W. M. c. 4. The Judges of the Kings Bench or any two of them whereof the Chief Justice to be one for the Court of Kings Bench and the Judges of the common-Common-Pleas or any two of them whereof the Chief Justice to be one for the Court of common-Common-Pleas and the Barons of the Colf of the Exchequer or any two of them whereof the Chief Baron to be one for the Court of Exchequer may by Commissions under the Seals of the said respective Courts from time to time Impower such Persons other then common Attorneys and Solicitors as they shall think fit in all and every the Counties of England and Wales and Town of Berwick to take such Recognizances of Bails as any Persons shall be willing to make before them in any Action or Suit depending or to be depending in the said Courts in Manner and Form as the Justices and Barons of the said Courts have used to take the same Which Recognizances shall be transmitted to some one of the said Justices or Barons respectively who upon Affidavit made of the due taking thereof shall receive the same upon payment of the usual Fees Which Recognizance shall be of like effect as if it were taken de bene esse before any of the said Justices or Barons For taking which Recognizances the Persons impowered shall receive Two Shillings and no more II. The Justices and Barons respectively shall make such Rules for the justifying such Bails as to them shall seem meet so as the Cognizors be not compell'd to appear in person in any of the said Courts unless they live in London or Westminster or within ten Miles thereof to justifie themselves but the same is hereby directed to be determined by Affidavits taken before the Commissioners III. Any Judge of Assize may take such Recognizances which shall be transmitted and received as aforesaid without Oath upon payment of the usual Fees IV. Persons representing or personating others before any impowered by this Act to take Bails shall be adjudged Felons Beer c. I. Stat. Ann. 1. W. M. Sess 1. cap. 22. From and after the twenty fourth of June 1689. any Person may ship off within any of the usual and allowed Ports by Law and at the common Keys and within the usual hours of Excise to be Exported into Foreign Parts in the presence of a sworn Officer to be appointed by the Farmers c. of Excise within the limits where the same shall be shipp'd any strong Ale strong Beer Cyder or Mum paying Custom for the same after the Rate of 1 Shilling per Tun and no other Duty Such Officer to certifie the quantity so shipp'd off to the Commissioners and Officers of Excise where the Entry thereof shall be made who are hereby required to make Allowance or repay the Excise of the Beer Ale Cyder or Mum so Exported to the Brewer or Maker thereof within one Month after such Exportation deducting Three pence per Tun for the Charges of their Officers II. If any Merchant Master of Vessel or other Person shall cause or suffer any Liquors so shipped to be laid on Land or put into any other Vessel within England Wales or the Town of Berwick he shall forfeit the same and 50 l. more for every Cask so unduly landed or put on Board any Vessel the one Moiety to the King and Queen the other to the Informer And Their Majesties Commissioners and Officers of the
to receive the same for their Majesties use the Sum of 50 l. and no more 50 l. for each License and not to exceed 21 years and 4 l. Rent per Ann. at four quarterly Payments by way of Fine for such License which said 50 l. shall be paid by the Person so licensed before the License delivered to him the said Licenses to continue for twenty one years and no longer nor to be granted in Reversion after the determination of others And upon every the said Licenses there shall be reserved to their Majesties the yearly Rent or Sum of 4 l. payable quarterly the first at the Feast of St. Michael the Nativity of our Lord Christ the Annuntiation of the Blessed Virgin Mary and the Nativity of St. John Baptist with such Covenants as the Commissioners in their discretions shall think fit III. And the said Commissioners Stage-Coaches to pay 8 l. per Ann. the Leases to be renewed yearly or the major part of them are impowered under their Hands and Seals to license all Stage-Coaches kept or driven throughout England and that no License for any Stage-Coach shall continue longer than for one year and for every such License there be reserved to their Majesties the Rent or Annual Sum of 8 l. to be paid quarterly at the four most usual Feasts of the year with such Covenants as the Commissioners in their discretions shall think fit And that every one so licensed to keep or drive a Hackney or Stage-Coach Power to assign or devise may by Writing under his Hand and Seal assign or by his last Will in Writing devise his her or their Interest therein and in default of such Assignment or Devise their Executors shall be intituled to the residue of their Interest That an Entry shall be made of such Assignment in some Book kept by the Commissioners to which the Executors or Administrators may have recourse gratis and within sixty days after the decease of such Testator or Intestate they may produce Letters of Administration to intitle themselves IV. This Act to commence from the 24th of June 1694. Penalty 5 l. driving without License No Horse under 14 Hand No Person to keep above two Coaches Altering Mark or Figure 5 l. And that no Person after the 24th of June 1694. shall drive or let to hire any Hackney-Coach or Coach-Horses within the Cities of London or Westminster c. nor drive or let to hire any Stage-Coach or Coach-Horses within any part of England without such License first obtain'd as aforesaid upon pain to forfeit for every such Offence the Sum of 5 l. and that no Horse Gelding or Mare shall be used in any Hackney or Stage-Coaches under the size of fourteen Hands according to the Standard And that every Coach so licensed shall have a Mark of distinction by Figures or otherwise and that no Person shall be licensed to keep more than two Hackney-Coaches and that no Person shall put the same Figure or Mark upon his Coach that is appointed for another nor shall alter or obliterate the Figure or Mark of distinction upon pain of 5 l. V. And if any Commissioner shall grant Licenses for more than the number of 700 Hackney-Coaches as before directed or shall grant any License for any Hackney or Stage-Coach for any longer time than before directed Commissioners Offences 100 l. he shall forfeit for every such Offence 100 l. VI. The Rates for Hackny-Coachmen on penalty of 40 s. No Hackney-Coachman or Driver shall take for his Hire in London or ten Miles thereof above 10 s. for a Day reckoning twelve hours to the day and by the Hour not above 1 s. 6 d. for the first hour and 1 s. for every hour after and that no Person shall pay from any the Inns of Court or thereabouts to any part of St. James's or City of Westminster except beyond Tuttle-Street above 1 s. and the same Prizes from the same Places to the Inns of Court or thereabouts and from any of the said Inns of Court or thereabouts to the Royal Exchange 1 s. and if to the Tower of London or to Bishopgate-street or Aldgate or thereabouts 1 s. 6 d. and so from the said Places to the said Inns of Court as aforesaid and the like Rates from and to any place at the like distance with the places before-mentioned And if any Coachman shall refuse to go at or exact more for Hire than the Rates hereby limited he shall for every such Offence forfeit 40 s. VII Commissioners and Officers Oaths The said Commissioners and every Officer to be appointed under them shall take an Oath for the faithful execution of their respective Offices and shall likewise take the Oaths appointed by an Act made in the first year of their Majesties Reign Entituled An Act for the abrogating the Oaths of Supremacy and Allegiance and appointing other Oaths and that no Person shall be able to execute the Powers by this Act granted till the taking the same VIII Offences how and where determinable All Offences against this Act other than the Offences of the Commissioners shall be determined by the Commissioners or any three of them upon Oath of one or more credible Witnesses the Party accused being summoned IX By-laws for the standing of Coaches in the Streets c. And for the better regulating such as shall be licensed to keep Hackney or Stage-Coaches as aforesaid and to prevent Inconveniences in the Streets where such Coaches stand and punishment thereof it shall be lawful for the said Commissioners or the major part of them to make By-laws to bind such Persons as have Licenses their Executors Administrators and Assigns and to annex reasonable Penalties for the breach thereof so as such By-laws be agreeable to the intent of this Act and not repugnant to the Laws of this Realm and so that such By-laws be approved by the Lord Chancellor Lord Keeper or Lords Commissioners of the Great Seal for the time being and by the two Chief Justices of either Bench and Chief Baron of the Exchequer or any three of them and after such allowance the same shall be published and the Penalties put in execution by any Justice of Peace or other Magistrate of the Place where the Offence is committed But no Person shall be punished twice for the same Offence X. The number to ply on Sundays It shall be lawful for the said Commissioners to appoint 175 and no more of the said Hackney-Coaches to ply stand and drive on the Lords-Day within the Bills of Mortality only so as the whole number of 700 may be imployed successively XI And if after the said 24th of June The penalty for offending any Hackny-Coach shall ply stand or drive upon the Lords-Day other than such as shall be so appointed as aforesaid or any where else within the Bills of Mortality the Owner of such Coach shall forfeit 5 l. A List of Hackney-Coaches to
Customs shall charge every Master of any Vessel in his Victualling Bill with so much Beer Ale Cyder or Mum and no more as such number of men use to spend in such Voyages the Excise whereof to be recovered according to the Laws established III. The said Rate of One Shilling the Tun for Beer c. Exported shall be levied and paid under such Rules and Penalties and for such time and in such manner as by the Laws of Tonnage and Poundage are ordained IV. No Mum Imported during the continuance of this Act shall have any part of the Custom or Excise repaid upon Exportation Butter and Cheese I. Stat. 4 5 W. M. cap. 7. After any Factor or Buyer hath bought Butter or Cheese and approved the same the Seller shall not afterwards be chargeable with any Penalties in the Act of the 14 Car. 2. Entituled An Act for Reforming Abuses in Weighing and false Packing of Butter II. Such Factor or Buyer shall set his Seal or Mark or Name at length on the Cask in which such Butter is and in case the same be afterward exchanged or opened and the Cask changed or bad Butter pack'd up and mix'd with good or any Fraud be committed by the Seller the Offender being convicted upon Oath before one or more Justices of Peace or upon his own Confession shall forfeit Twenty Shillings for every such Ferkin and Offence to be levied by Distress and Sale of the Offenders Goods restoring the Overplus after Charges defrayed And Constables of Parishes and Chief Constables of Hundreds are hereby authorized to levy the same by Warrant under Hand and Seal of such Justice or Justices III. Warehouse-keepers Weighers Searchers or Shippers of Butter and Cheese in any Port within this Kingdom shall receive all Butter and Cheese that shall be brought to them for any Cheesemonger free of the City of London or any other making the said Commodities and take care thereof till the same can be shipped and shall ship it successively as it comes to their hands on the next Vessel that shall come to lade Butter and Cheese for London Except the Owners order the contrary and shall receive of the Owners Two Shillings and Six pence for every Load and no more and so proportionably And if any such Persons or their Servants shall refuse to receive such Goods or to take due care thereof or to ship them successively as aforesaid they shall forfeit being convicted in manner aforesaid for every Ferkin of Butter Ten Shillings and for every Weigh of Cheese Five Shillings to be levied as aforesaid IV. Warehouse-keepers Weighers c. shall keep Books and enter therein all Butter and Cheese that shall be brought to them as it comes with the time when received the quantity and and Owners Name and when the Goods are shipp'd off shall make Entries of the time when shipped the Master's Name the Vessels Name and to whom consigned Which Book shall be open for all Persons to see and search gratis And if any Ware-house-keeper c. shall not keep such Book or not make Entries as aforesaid or undue Entries or refuse in the day-time to produce the Book to be searched such Offenders being convict in manner aforesaid shall forfeit for every Firkin of Butter Two Shillings and Six pence and for every Weigh of Cheese Two Shilling and Six pence and for every other the aforesaid Offences Two Shillings and Six pence to be levied as aforesaid and for want of Goods to levy the Penalty the Justice before whom such Conviction shall be made may commit the Offender to Goal till the Penalties be satisfied V. If Masters of Vessels coming to lade Butter and Cheese or their Servants refuse to take on Board any such Butter and Cheese as shall be tendred to be shipped by any such Warehouse-keeper c. before their Vessels be laden they shall forfeit being convict as aforesaid for every Firkin of Butter so refused Five Shillings and for every Weigh of Cheese Two shillings and Six pence to be levied as aforesaid VI. One half of the Forfeitures within this Act to go to the Poor of the Parish and the other half to the Informer VII This Act shall not exclude Cheesemongers free of the City of London from sending their own Vessels or such as they shall hire for their own Goods VIII Nothing in this Act shall extend to the Counties of Chester and Lancaster nor to the County of the City of Chester IX Persons aggrieved by the Determination of any Justice of Peace may appeal to the next General Quarter-Sessions whose Determination shall be final The Person appealing first giving to the Party accused a Bond of Twenty Pounds Penalty with one or more Sureties to the liking of the Justice of Peace to pay such Costs as shall be allowed in case the Appellant be not relieved the said Costs to be paid within a Month after the determining the Appeal Cattel I. Stat. 3 4 W. M cap. 8. It shall be lawful for any Persons native or foreign at any time to ship and transport into any part of the World in Amity with Their Majesties Beef Pork or Hogs-flesh Butter Cheese or Candles free from any Custom or Imposition whatsoever Chancellor I. Stat. Ann. 1. W. M. Sess 1. cap. 21. Commissioners to be appointed to execute the Office of Lord Chancellor or Lord Keeper of the Great Seal of England for the time being may use and exercise all and every the same and like Offices Authority Jurisdiction and Execution of Laws and other Customs Priviledges Emoluments and Advantages which the Lord Chancellor of England or Lord Keeper of the Great Seal of right ought to use have and execute as belonging to their Offices or otherwise and shall have and take place next after the Peers of this Realm and Speaker of the House of Commons unless any of them shall happen to be a Peer and then to take place accordingly II. Any one Commissioner may hear Motions and give Orders touching Interlocutory Proceedings so as such one Commissioner in the absence of the others shall not make Decrees or put the Great Seal to any thing unless there be two present III. The nominating and appointing of the Custos Rotulorum in all Shires and Counties shall be as is directed by a Statute made in the 37 year of K. Hen. 8. IV. The Custos Rotulorum or other person to whom of right it doth belong shall from time to time nominate and appoint the Clerk of the Peace V. If any Clerk of the Peace shall misdemean himself in his Office the Justices of Peace in their General Quarter-Sessions or the Major part of them upon Complaint in Writing exhibited against him may upon Examination and due Proof thereof suspend or discharge him And in such case the Custos Rotulorum or other person to whom of Right it shall belong shall appoint another person residing within such County c. to be Clerk of the Peace in
the Penalties to which he is liable but shall have one half of the Penalties imposed upon the Parties making such Insurance or Receiving the Goods as aforesaid and in Case no Discovery be made by the Insurer and the Party Insured shall make discovery thereof he shall recover back his Praenium and have One Moiety of the Forfeitures imposed upon the Insurer and be discharged of the imposed upon himself CLXIX The said Penalties and Forseitures to be Recoverable according to the Course of the Court of Exchequer as other Penalties in like Cases are Recoverable CLXX No Penalty hereby inflicted to be recoverable unless presented within Twelve Months after the Fact Committed CLXXI. All Duties whatsoever that shall accrue to Their Majesties at the Custom-house after the 25th day of March 1693. for Prize-Goods shall be applied entirely to the Credit of an Act of Parliament made this Session Entituled An Act for Granting to Their Majesties certain Additional Impositions upon several Goods and Merchandize for the Prosecuting the present War against France Any other Act to the contrary notwithstanding Deer Stealers I. Stat. 3. 4. W. M. cap. 10. If any Persons shall unlawfully Course Hunt Take in Toyles Kill Wound or take away any Red or Fallow Deer in any Forest Chase Purlieu Paddock Wood Park or other Ground inclosed where Deer are or shall be usually kept without the consent of the Owner or Person entrusted with the Custody thereof or be aiding therein and shall be Convicted by Confession or the Oath of one Witness before a Justice of Peace of the County where the Offence shall be Committed or the Party Apprehended within a Twelve-month after the Offence done they shall Forseit for every such Offence 20 l. and for every Deer wounded taken or killed 30 l. to be Levied by Distress and Sale of Goods by Warrant from the Justice before whom the Conviction shall be made the One third Part to the Informer the other third Part to the Poor of the Parish where the Offence shall be Committed and the other third to the Owner of the Deer And for want of a Distress they shall be Imprisoned a year and set in the Pillory an hour on some Market-Day in the Town next adjoyning to the Place where the Offence was Committed by the Chief Officer of such Market Town or his under Officers II. Constables Head-boroughs and Tythingmen by a Justices Warrant may Enter and Search as for Stolen Goods the Houses and other Places of suspected Persons and if any Venison or Skins of Deer or Toyles be found shall carry such Offender before a Justice of Peace and if he do not give a good Account how he came by them and in some convenient time produce the Party of whom he bought them or prove such Sale upon Oath he shall be Convicted of such Offence and be subject to the Penalties hereby inflicted for killing a Deer III. The Constable or other Officer or Persons prosecuting may detain such Offenders in Custody if they do not presently pay the Moneys due by the Conviction till a Return may be made of the Warrant for Distress such Detainer not exceeding Two days IV. Owners of any such Deer or any acting under them may resist such Offenders and be Indemnified as if such Fact had been Committed in an ancient Chase or Park V. No Certiorari shall be allowed to remove any Conviction or other proceeding upon this Act unless the Party Convicted shall before it be Allowed become bound to the Prosecutors in 50 l. with Sureties to be approved by the said Justice to pay within a Month after the Conviction confirm'd or a procedendo Granted their full Costs to be ascertain'd upon Oath VI. No Offender Punished by Virtue of this Act shall incur the Penalty of any other Law for the same Offence VII Persons prosecuted for any thing done in pursuance of this Act may Plead the general Issue and give the special Matter in Evidence VIII If any Person shall in the night time pull down or destroy or cause to be pull'd down or destroyed the Pails or Walls of any Park Forest c. or other Ground inclosed where Red or Fallow-Deer shall be kept such Persons being Convicted by Oath of one Witness before a Justice of Peace shall by such Justices Warrant suffer Imprisonment for Three Months Distresses I. Sat. 2. W. M. Sess 1. cap. 5. After the First Day of June 1690. where any Goods or Chattels shall be distrained for Rent reserved and due upon any Demise Lease or Contract and the Tenant or Owner of the Goods shall not within Five days after such Distress and Notice thereof with the cause of such taking left at the Mansion-house or other most notorious Place of the Premisses charged with the Rent Replevy the same the Person distraining may with the Sheriff or Under-Sheriff of the County or with the Constable of the Hundred Parish or Place where c. who are hereby required to assist cause the Distress to be appraised by Two sworn Appraisers whom such Sheriff c. shall swear to Appraise them truly according to the best of their Understanding and after such Appraisement may Sell the same towards the satisfaction of the Rent and the Charges of the Distress and Appraisement leaving the Overplus if any be in the hands of the said Sheriff c. for the Owners Use II. It shall be Lawful to Distrain for Rent arrear as aforesaid any Sheaves or Cocks of Corn or Corn loose or in the Straw or Hay in any Barn or Granary or upon any Hovel Stack or Rick or otherwise and to lock up and detain the same in the Place where it shall be found till it be Replevied as aforesaid and in default thereof within the time aforesaid to Sell the same after Appraisement as aforesaid so nevertheless that it be not removed to the damage of the Owner but kept where it shall be found and seiz'd as Impounded till it be Replevied or Sold. III. Upon any Pound-breach or Rescous of Goods Distrained for Rent the Person grieved shall have a special Action upon the Case and Recover treble Damages and Costs of Suit against the Offenders or against the Owners of the Goods if they come to his Use or Possession IV. If any such Distress and Sale as aforesaid shall be made where there is no Rent due the Owner of the Goods Distrained may by Action of Trespass or upon the Case against the Persons distraining Recover double the Value of the Goods Distrained with full Costs of Suit Excise I. STat. 1. W. M. Sess 1. cap. 24. From the 24th day of July 1689. there shall be paid to Their Majesties for Three years for Beer Ale Cyder and other Liquors herein after mentioned by way of Excise over and above the Duties already Charged That is to say For every Barrel of Beer or Ale above 6 s. price 9 d. For every Barrel of Beer or Ale of 6 s. or under 3
Overplus Charges deducted XVII No such Assessments to be made in any one year shall exceed 6 d. in the Pound of the yearly Value of Lands c. nor of 6 d. for 20 l. in personal Estate XVIII If any Persons find themselves aggrieved by such Assessments or any Act by the Justices of Peace the Justices of Peace at their General Quarter-Sessions shall take order therein which shall conclude all Parties XIX None shall be punished for any Offence against this Act unless he be prosecuted within six Months after the Offence committed nor shall any person punished by Virtue of this Act be punished for the same Offence by Virtue of any former Law XX. No Horse-cawsey shall be under Three Foot in breadth XXI The Justices of Peace for Middlesex may at their Quarter-Sessions make Rates for paving Kensington in such manner as is directed by an Act made in the second Year of Their Majesties Reign for Paving and Cleansing the Streets of London and Westminster XXII All matters concerning High-ways c. shall be determined in the County where they lie and not elsewhere and no Presentment Indictment or Order made by Virtue of this Act shall be removed by Certiorari out of the County XXIII The Justices of Peace of every County at their Quarter-Sessions after Easter yearly shall assess the Prices of all Land-Carriage of Goods to be brought into any place within their Jurifdictions by any common Waggoner or Carrier and shall certifie such Rates to the Mayors or other chief Officers of every Markeâ—-Town and Waggoners or Carriers taking more then what shall be so assessed shall forfeit for every such Offence 5 l. to be levied by Distress and sale of Goods by Warrant of Two Justices to the Use of the party grieved XXIV In Actions commenced against any persons authorized to put this Act in Execution the Defendants may plead the General Issue and give this Act and the special Matter in Evidence and if the Plaintiff be Non-suit or forbear prosecution or discontinue or a Verdict pass against him the Defendant shall recover his double Costs XXV Stat. 4 5 W. M. cap. 9. The Toll mentioned in the Act made in the 15th year of the Reign of K. Charles II. Entituled An Act for Repairing the High-ways in the Counties of Hertford Cambridge and Huntington And in an Act made in the 16th and 17th years of the said late King for Continuance of the said Act to be taken at Wades Mill in Hertford-shire shall be revived and taken again in the manner by the said Acts mention'd for Fifteen years the Moneys thereby arising to be employed according to the Tenor of the said Acts. XXVI Provided that if the said High ways before the end of Fifteen years be in sufficient Repair and an Adjudication be made thereof at the Assize or General Quarter-Sessions of the County as is provided by the said Statute of 16 and 17 Car. II. the said Toll shall from thenceforth cease XXVII The several Officers and Persons impowered by the said former Acts so far as relates to the County of Hertford shall have the like Powers by Virtue of this Act and all Clauses in the said Acts concerning the Collecting Paying Ingaging or Accounting for the said Toll shall by Virtue of this Act be renewed and put in Execution as if here again repeated High-way-men I. Stat. 4 5 W. M. cap. 8. Every Person who shall apprehend one or more High-way-men and prosecute them till they be convicted shall have from the Sheriff of the County where such Conviction shall be without paying any Fee 40 l. within a Month after such Conviction and Demand thereof made by Certificate under the Judges Hand before whom such Conviction shall be and if any Dispute arise between the persons apprehending such Felons touching their Right to the said Reward the Judges certifying shall in their Certificate direct the Reward to be paid amongst them in such Proportion as they shall think reasonable And if any such Sheriff shall die or be removed before the end of the Month the Reward being unpaid the succeeding Sheriff shall pay it within a Month after Demand and Certificate as aforesaid The Sheriff in case of Default of payment shall forfeit double the Sum he ought to pay to the Persons to whom the Reward is due to be recovered by Action of Debt Bill Plaint or Information c. with treble Costs of Suit II. If any person shall happen to be killed by such High-way-man endeavouring to apprehend him his Executors or Administrators upon Certificate under Hand and Seal of a Judge of Assize for the County or of two next Justices of Peace shall receive the said Sum of 40 l. and in Failure of payment shall recover double the Sum with treble Costs of Suit as aforesaid III. The Sheriffs to be Allowed the said Sums of 40 l. upon their Accounts without Fee or Reward IV. If upon the Account of any Sheriff there shall not be sufficient in his Hands to Reimburse him the same shall be Paid by the Commissioners of the Treasury out of the Revenue of the Crown upon Certificate from the Clerk of the Pipe V. Persons Apprehending or Convicting such Robbers as a farther Reward shall have their Horses Furniture Arms Money and other Goods taken with them Provided that this Clause shall not take away the Right of any Persons from whom the same were before Feloniously taken VI. If any Persons out of Prison shall Commit any Robbery and shall afterwards discover Two or more Robbers who have or shall Commit any Robbery so as Two or more of them shall be Convicted such discoverer is hereby â—ntituled to Their Majesties Pardon which shall likewise be a good bar to any Appeal Informations I. Stat. 4 5 W. M. cap. 18. The Clerk of the Crown of the King's-Bench shall not without express Order in open Court Receive or File any Information for Trespasses Batteries and other Misdemeanours or issue any Process thereupon before he shall have taken or shall have delivered to him a Recognizance from the Informer with the Place of his Abode Title or Profession to be Entred to the Person Prosecuted in 20 l. Penalty to Prosecute with Effect and abide by such Order as the Court shall direct which Recognizance the Clerk of the Crown or a Justice of Peace of the Place where the Cause of any such Information shall arise may take and the Clerk of the Crown shall Enter the same upon Record and File a Memorandum thereof in some publick Place in his Office that all persons may resort thereunto without Fee And if the persons against whom such Informations shall be exhibited appear and plead to Issue and that the Prosecutor shall not at his own Charge within a year after Issue joyned procure a Tryal or if upon such Tryal a Verdict pass for the Defendant or the Informer procure a noli prosequi to be Entred the Court shall award the
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
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
next Justice of Peace by two Witnesses or upon Certificate under Hand of the Commissary of the Musters or Chief Magistrate as aforesaid made to such Justice shall be committed to the House of Correction for ten days and have his Ear cut off by the Gaoler or Keeper thereof If any Person lend a Horse to be mustered not belonging to the Troop such Horse shall be forfeited to the Informer if it belong to the Person lending if not the Lender shall forfeit 20 l. upon Oath made by two Witnesses before the next Justice of Peace XIV The said Forfeiture to be to the Informer to be paid out of the Arrears of such Officers Pay as shall so offend upon Conviction before a Court-Martial by Order of the said Court to the Pay-Master if such Officer have any Arrears and if there be no Arrear the Court-Martial shall give order to seize such Officers Goods and sell them rendring the overplus and if he have no Goods he shall be sent to the Common Gaol to remain there six months and the Court-Martial shall discharge such Informer if he be a Souldier from any farther Service if he demand it XV. If any Pay-Master Clerk or Agent of a Regiment Troop or Company shall for a month detain the Pay of any Officer or Souldier Cloaths and other Allowances deducted or if any Officers shall refuse to pay each Common Souldier their respective Pay when due if themselves have received it at the rate of 17 s. 6 d. a Week for a Corporal or light Horse 14 s. a Week for a Trumpeter and private Trooper 8 s. 2 d. a Week for a Dragoon 7 s. a Week to a Sergeant 5 s. a Week to each Corporal and Drummer and 4 s. a Week to each private Souldier of the two Regiments of Foot-guards and 6 s. a Week to each Sergeant 4 s. 6 d. a Week to each Corporal and Drummer and 3 s. a Week for each Foot Souldier in the Army and over and above the said 3 s. a Week shall at every two Months end account for 6 d. a Week to each Foot-Souldier upon proof thereof before a Court-Martial as aforesaid such Pay-Master c. shall be discharged from his Employment and forfeit 100 l. to the Informer to be raised as aforesaid and be disabled to hold any Civil or Military Office or Employment and the Informer if a Souldier shall be discharged of any farther Service if he demand it XVI The commanding Officer of every Troop or Company at Musters shall bring a Certificate of the Names of such as are sick or have leave to be absent of such as are dead or deserted since the last Muster and if such Certificate prove false the Officer signing it shall suffer the Penalties hereby inflicted for making false Musters XVII If any Officer shall Muster any Officers Servant or any Person by a wrong Name knowingly upon conviction thereof before a Court-Martial he shall suffer the Penalties hereby inflicted for making false Musters XVIII During the continuance of this Act Constables Tythingmen Headboroughs and other Chief Magistrates of Cities Towns and Villages may Quarter and Billet Officers and Souldiers in Inns Livery-Stables Ale-houses Victualling-houses Houses selling Brandy Strong-waters Sider or Metheglin by retail to be drunk in their Houses but in no private Houses Nor shall more Billets be ordered than there are effective Souldiers present to be quartered If any Magistrate shall Billet any Officer or Souldier in any private House without consent of the Occupier such Occupier shall have his Remedy at Law to recover his Damage sustained thereby And if any Military Officer shall take upon him to quarter Souldiers otherwise than is hereby allowed or shall use Menace or Compulsion upon any Civil Officers afore-mention'd to deter them from performing their Duty herein upon conviction by the Oaths of two Witnesses before two or more Justices of Peace and the said Justices Certificate thereof to the Judge Advocate who is hereby obliged to certifie the same to the next Court-Marshal such Officer shall be taken to the ipso facto cashiered and disabled to hold any Military Employment XIX Officers and Souldiers so billetted shall pay such reasonable prices as shall be appointed by the Justices of Peace in their Quarter-Sessions and the Justices of Peace are required to set Rates for Provisions for one or more Nights in their marching and for the first Night only in Places appointed for their Residence XX. Officers taking Mony for excusing quartering shall be cashiered and made incapable of any Military Employment XXI From and after the 10th of March 1692. no Pay-Master or other Officer shall receive any Fees or make any Deductions out of the Pay of any Officer or Souldier which shall grow due after the said 10th day of March other than the usual Deductions for Cloathing and the 12 d. in the pound to be disposed as their Majesties think fit and one days Pay in the Year for the use of Chelsey-Colledge XXII This Act shall be read at the Head of every Regiment Troop or Company at every Muster that no Souldier may pretend Ignorance XXIII Officers receiving Pay or Subsistence-Mony for Regiments Troops or Companies shall upon the receipt of every Sum give notice to all Inn-keepers and other Persons where Officers and Souldiers are quartered and appoint them to repair to their Quarters at such times as they shall appoint for distribution thereof which shall be within four days after they have received it and such Inn-keepers and other Persons shall be paid off what Debts are owing to them before any part of the said Pay or Subsistence be distributed to the Officers or Souldiers XXIV Provided such Debts exceed not for a Commission Officer of Horse under the Degree of a Captain for Dyet and small Beer Hay and Straw per diem 2 s. and for such a Commission Officer of Dragoons 1 s. and 6 d. nor for such a Commission Officer of Foot 1 s. and if such Officers shall have a Horse or Horses for each Horse 6 d. per diem nor for one Light-horse-mans Dyet and small Beer and Hay and Straw per diem 1 s. nor for one Dragoon 9 d. nor for a Foot Souldiers Dyet and small Beer 4 d. and if any Officer shall not give notice as aforesaid and upon producing such Accounts pay the same upon Oath made thereof by two Witnesses at the next Quarter-Sessions the Pay-masters of their Majesties Forces are hereby required upon Certificate of the said Justices of the Sums due upon such Accounts and the Persons to whom owing to satisfie them out of the Arrears due to such Officer on pain to lose their Places and to be disabled to hold them for the future And if there be no Arrear the Pay-masters shall deduct what they shall pay pursuant to such Certificate out of the next Pay or Subsistence-Mony of the Regiment to which such Officer belongs and such Officer shall be ipso facto cashiered and when the
Subsistence due to any Officer or Souldier shall by any accident not be paid or such Officer or Souldier shall neglect to pay the same so the Quarters cannot be paid as this Act directs and where any Souldiers shall be upon their March so as no Subsistence can be remitted them every such Officer before departure out of his Quarters where such Regiment c. shall remain for any time whatsoever shall make up the Account as this Act directs with those with whom they have quartered before he leave that Quarter and give the said Certificate to the Person to whom such Mony is due with the Name of such Regiment c. to be transmitted to the Pay-master who shall make payment thereof to the end the same may be applied to such Regiment c. under pain as is before directed for non-payment of Quarters XXV No Commistary shall muster any Forces within westminster or Southwark and Liberties thereof but in the presence of two Justices of Peace not being Officers in the Army under the afore-mentioned penalty XXVI This Act shall extend to Jersey and Gernesey as to mustering and paying XXVII Cloaths Arms and Accoutrements of War belonging to Horse Foot and Dragoons who receive English pay shall be bought in England Wales or Barwick and Officers offending therein shall be cashiered XXVIII The Commissary General of the Musters or his Deputies shall upon every Muster close the Muster-Rolls upon the place the same the Muster is taken and return one of the Rolls in Parchment to the Pay-master General the next day after if in London or within twenty miles distance and if at a farther distance by the next Post on pain of losing their Imployments XXIX Justices of Peace required by Order of his or her Majesty shewn to them by any Officer of the Regiment c. then marching shall issue out their Warrants to the Constables c. to make such provision of Carriages as is mentioned in the Warrant allowing sufficient time that the Neighbouring Parts may not always bear the Burthen and the Officer demanding such Carriages shall pay to the Constable to whom the Warrant is directed 8 d. for every mile any Waggon with 5 Horses shall travel loaden and 8 d. for every mile any Waggon with 6 Oxen or 4 Oxen and 2 Horses shall trevel loaden and 6 d. a Mile for a Cart with 4 Horses and so in proportion and if any Officer shall constrain any Carriage to travel more than one days Journy or not discharge them in due time for their return or shall suffer his Souldiers or Servants except sick and wounded or any Women to ride in such Carriage or shall force any Constables c. by Threats to provide Saddle-horses or shall force Horses from the Owners he shall forfeit 5 l. for every such Offence proof thereof being made upon Oath before two Justices of Peace who are to certifie the same to the Pay-master General who shall pay the said Sum of 5 l. according to the appointment of such Justices and deduct it out of such Officers Pay XXX If any Officer Military or Civil hereby authorized to quarter Souldiers shall quarter the Wives Children or Maid-servants of Officers or Souldiers in any House against the Owners consent the Offender if any Officer or Souldier of the Army shall upon proof thereof made to the Commander in Chief of the Army or the Judge Advocate be cashier'd if a Civil Officer he shall forfeit 20 s. to the Party grieved upon proof made to the next Justice of Peace to be levied by distress and sale of Goods rendring the overplus XXXI If any Officer or Souldier shall without leave of the Lord of the Mannor under Hand and Seal take or destroy any Game and shall be convicted thereof upon Oath before a Justice of Peace he shall forfeit if an Officer 5 l. to be distributed among the Poor of the Parish and every Officer commanding in Chief shall forfeit for every such Offence committed by any Souldier under his Command 10 s. to be distributed as aforesaid and for default of payment within two days after Conviction and Demand thereof made by the Constable or Overseer of the Poor the Officer so refusing or neglecting is hereby declared to have forfeited his Commission and his Commission is hereby made null and void XXXII An account of all Monies due according to the Muster-Rolls to every Regiment shall be made upon the first day of July 1693. or six days after between the Pay-master General and the Colonel of every Regiment or his Agent authorized to receive the Pay thereof from the first of March 1692. to the last of April 1693. and so from time to time when four Months become due an Account shall be stated for the two preceding Months such Accounts being perfected to be registred in the Pay-Office and subscribed by the Pay-master or his Deputy and the Colonel or his Agent and Duplicates given to the Colonel c. without Fee who shall deliver to each Captain an account of so much as appertains to him and his Troop c. and the Ballance which shall remain and all other Monies then due to each Regiment shall be paid to such Colonel c. when their Majesties shall direct The Pay-master General or any Colonel offending herein shall forfeit 100 l. for every Offence to him that will sue for the same and his Deputy or any Agent of a Regiment offending in the Premises upon proof thereof at a Court-Martial shall lose his Place XXXIII No Warrant to take off the respits from any Muster-Rolls shall be allowed by any Pay-master unless countersigned by the Commissioners of the Treasury or the Lord High Treasurer Suits I. Stat. 1 W. M. Sess 2. cap. 8. Whereas about the time of his Majesties enterprize for delivering this Kingdom from Popery and Arbitrary Power and in Aid of the same divers Lords Gentlemen and others did act as Lieutenants Deputy-Lieutenants Justices of the Peace or other Officers though not sufficiently authorized thereunto and did apprehend and put in custody some suspected Persons and seize and use Horses Arms and other Things and entred into the Houses and Possessions of several Persons and quartered Souldiers there and since their Majesties happy Accession to the Crown by reason of the Wars and Tumults occasioned by their Enemies divers like Matters and Things have been done all which were necessary in regard of the exigency of publick Affairs Be it enacted That all Prosecutions whatsoever and Judgments had thereupon if any be for any of the Premisses or any Matter or Thing advised commanded appointed or done in order to the bringing their Majesties to this Kingdom or for their Service or for the Safety of the Government are hereby discharged and made void and if any such Prosecution shall be the Party prosecuted may plead the General Issue and give this Act and the Special Matter in Evidence and if the Plaintiff become non-suit or sorbear Prosecution or
this Act any Chamber-rent Fee or Reward for any thing relating to his Discharge above the Sum of 6 s. 6 d. in the whole upon pain of forfeiting the value of the Debt and upon pain of being proceeded against as an Extortioner any Law Act of Parliament or Usage to the contrary notwithstanding IV. The Justice of Peace his Clerks Fee And that no Justice of Peace his Clerk or Servant shall take of any Prisoner for signing his Warrant and Summons any Fee or Reward whatsoever nor any Clerk of the Papers or other Officer that shall make out any Copies of Causes for the said Prisoner shall take for the same above 4 d. upon pain to be proceeded against as Extortioners aforesaid V. No Debt contracted since Nov. 28. 1690. shall hereby be discharged Provided that no Debtor shall by virtue of this or the aforesaid Act be discharged of any Debt contracted by such Debtor since the 28th day of November which was in the Year 1690. Ships I. Builders of 3 Deck Ships within 10 years from first M. 1694. their allowance for Customs STat. 5 6 W. M. Sess 5. cap. 18. Every Person that shall within ten years from and after the first of May 1694. build or cause to be built within any of their Majesties Dominions any Ships or Vessels of three Decks reckoning the Orlop for one with a Fore-castle Quarter-deck Round-house and six Foot between each Deck from Plank to Plank their Hawrses to be between Decks the said Ships to be of no less than 450 Tun and to have no less than ten Ports of a side between Decks mounted with 32 Pieces of Ordnance close of which 18 to be between Decks the said Guns upon the lower Deck to be Demy-Culverine of 3000 weight at least upon the Upper-deck Fore-castle and Steerage to be also Demy-Culverine of 2200 weight at least and those in the Cuddy to be 600 weight at least and other Ammunition proportionably shall for the first three Voyages which the said Ship or Ships shall make from their Majesties Dominions to any Foreign Parts receive to their own use and benefit one tenth part of the Customs commonly call'd or known by the name of the Subsidy of Tunnage and Poundage that shall be paid to their Majesties for all such Goods and Merchandizes as shall be exported and imported on the said Ship or Ships to and from this Kingdom and the Commissioners and Officers of their Majesties Customs are hereby impowered to pay the same to the respective Owners accordingly II. The penalty if altered And if at any time after the end of the said three first Voyages any of the said Ships or Vessels so to be built as aforesaid shall be altered or put into another form of Building whereby they shall become or be made less defensible than they were at first building that then every such Ship or Vessel with all the Guns Tackle Ammunition and Apparel thereof shall be forfeited and lost I. Stat. 5 6 W. M. Sess 5. cap. 19. Offences done since 24 June 1694. may be tried in the Kings Bench or by Justices of Oyer and Terminer All Offences contrary to one Act made in the 13th year of King Charles II. Entituled An Act for the establishing Articles and Orders for the regulating and better Government of his Majesties Navies Ships of War and Forces by Sea which shall be committed after the 24th of June 1694. may be tried and determined in the Kings Bench at Westminster or before Justices of Oyer and Terminer appointed by their Majesties which said Courts are hereby impowered to hear and determine the same according to the Common Law and to inflict such Penalties as are appointed by the said Act. II. Offences done out of the Realm c. Person tried by a Court Martial not to be tried again How long to continue Where any of the said Offences shall be committed out of this Realm the same may be alledged and laid in any County within this Realm III. Provided that no Person who shall be tried in a Court-Martial shall for the same Offence be again tried by virtue of this Act nor shall any Person tried by virtue of this Act be tried again by a Court-Martial IV. Provided also that this Act shall continue in force for three years and from thence to the end of the next Session of Parliament Souldiers I. Stat. 5 6 W. M. Sess 5. cap. 9. The Act made in the last Session of this Parliament Entituled An Act for punishing Officers and Souldiers who shall mutiny and desert their Majesties Service and for punishing false Musters and for payment of Quarters shall continue and be in force until the first of March 1694. and no longer II. Who shall be accounted a listed Souldier No Person that shall be listed for the Land-Service after the first of March 1693. shall be esteemed a listed Souldier or be subject to any of the Pains and Penalties of this Act or any other Penalty for his Behaviour as a Souldier that shall not have been brought before a Justice of Peace not being an Officer in the Army or Chief Magistrate of some City or Town-Corporate or High Constable or Pety Constable in the Hundred or Division where the Person shall be listed and before such Justice Magistrate or High Constable or Pety Constable declare his free consent to be listed or mustred as a Souldier before he be listed or mustred or inserted in any Muster-Roll of a Regiment Troop or Company as aforesaid And every Military Officer that shall offend herein shall incur the like Penalty and Forfeiture as is by the said continued Act to be inflicted upon any Officer for making a false and untrue Muster Sureties I. St. 10 E. 3. for finding Sureties for Good Behavior repealed Stat. 5 6 W. M. Sess 5. cap. 7. The Statute the 10th year of King Edw. III. for finding Sureties for the Good abearing by him or her that hath a Pardon of Felony is hereby made void and repealed II. Provided At the Justices discretion that if any Charter of Pardon be pleaded by any Person for any Felony the Justices before whom such Pardon shall be pleaded may at their discretion remand or commit such Person to Prison there to remain until he or she shall enter into a Recognizance with two sufficient Sureties for his or her being of the Good Behaviour for any time not exceeding seven years III. Provided Feme-Covert or Infant to find Sureties if any such Charter of Pardon be pleaded by a Feme-Covert or Infant such Feme-Covert or Infant may find two sufficient Sureties who shall enter into a Recognizance for his or her being of the Good Behaviour as aforesaid Taxes Aid of 4 s. in the Pound I. STat. 5 W. M. Sess 5. cap. 1. 4 s. in the Pound to be paid for all personal Estates excepting desperate Debts and Houshold-stuff All and
his Certificate the principal Commissioners of Excise shall pay it and if the Officer refuse to pay or give such Certificate he shall forfeit double the Sum. XI If any Person shall export beyond the Seas any Salt Mony repaid for Salt exported upon Certificate of the Officer as well Foreign as English or any Rock-Salt the Officer where the Salt was made taken out of the Pit or imported and the Duty thereof paid or secured shall upon demand gratis deliver a Certificate under his Hand and Seal that the Duty imposed by this Act on such Salt hath been duly paid or secured and then the Officer where the Salt is exported upon producing the Certificate and Oath made of the shipping of the said Salt and of it s not being relanded in England or Wales shall give a Debenture under his Hand for repayment of the said Duty which being produced to the Officer of the Place where the Duty on the said Salt shall have been paid or secured such Security shall be discharged and the Mony for the Duty of the said Salt shall be repaid upon demand by the said Officer without Fee XII All Salt imported by Sea or Land into England What shall be charged as Foreign Salt Scotch Salt where to be entred Wales or Berwick and not of the Product of any of the said Places shall be adjudged Foreign Salt and so chargeable And all Scotch Salt brought by Land into England shall be entred at Carlisle or Berwick under forfeiture of double the value XIII The Justices of Peace not concerned in making or selling Salt at every Easter and Michaelmas Sessions Justices of Peace to settle the Prices of Salt shall set the Prizes of Salt to be sold by the first Seller for the next half year and none to sell above those Prices under the Penalty of 5 l. and forfeiture of double the value to be levied by distress and sale of the Offenders Goods one half to the King and the other to the Informer XIV No Person shall be capable of acting as chief Commissioner for collecting the said Duties till he hath taken before one of the Barons of the Exchequer the Oaths appointed in the first year of K. William and Q. Mary Entituled Oaths of the Commissioners and other Officers An Act for abrogating the Oaths of Supremacy and Allegiance and the Oath following You shall swear to execute your Office truly and faithfully without Favour or Affection and shall from time to time true Account make and deliver to such Person and Persons as their Majesties shall appoint to receive the same and shall take no Fee or Reward for the Execution of the said Office from any other Person than from their Majesties or those whom their Majesties shall appoint on that behalf The like to be taken by other Officers before two of the chief Commissioners or two Justices of Peace of the Place where he shall be appointed Officer mutatis mutandis XV. The General Issue may be pleaded by the Defendant on Suit General Issue to be pleaded and the Special Matter given in Evidence and if the Verdict pass for the Defendant or the Plaintiff be non-suit he shall have double Costs XVI No Certiorari to supersede No Certiorari shall supersede Execution or other Proceedings upon any Orders made by the said chief Commissioners or Justices of Peace in pursuance of this Act. XVII All Salt shall be measured by a Bushel of eight Gallons Winchester Measure Measures of Salt by fit Measurers sworn and admitted by some neighbouring Justice without Fee upon Forfeiture of double the value of Salt not so measured XVIII No Salt shall be delivered from any Salt-Works or Pits without notice to the Officer Salt not to be delivered without notice to the Officer upon forfeiture of the Salt so delivered and upon forfeiture of 20 l. by the Owner of the Salt-Works one half to the King and the other to the Informer XIX If any of the Salt for which the Duty shall have been repaid and discharged upon the Exportation thereof The penalty of relanding in England by Fraud shall by Fraud or otherwise be landed in England Wales or Berwick before the Duty be again paid and such Entry and all other things performed as are herein before required in case where any Foreign Salt is imported the Offender shall forfeit double the value of such Salt so landed and such other Penalties as are herein inflicted upon any Person landing Foreign Salt contrary to the intent of this Act. XX. If any Merchant being a Subject of this Realm Vessel lost or taken he may buy the like quantity without paying Duty shall ship any Salt that hath paid the Duty to convey it by Sea to any part of England and the Vessel shall happen to be lost or taken he shall upon proof before the Justices at Quarter-Sessions of such loss have a Certificate of it and upon producing the same to any Collector of this Duty the Officer shall let him buy the like quantity without paying any Duty for the same XXI The Owners of any Rock-Salt may remove the same into Ware-houses When the Owner of Rock-Salt shall pay or secure after due entry thereof made and a Warrant or Ticket taken for the same from the Officer next to the Salt-Pits and the Owner shall not be obliged to pay or secure the payment of the said Duty till the said Rock-Salt shall be sold and delivered XXII No Person shall be obliged by Contract before the first of December 1693. Buyer not to deliver till payment secured to deliver any Salt or Rock-Salt unless the Buyer at the time of the delivery pay to the Seller such Mony as he hath paid or secured for the Duty XXIII All Salt made in Cheshire shall be entred by Weight only Salt made in Cheshire how to be entred Pit-Salt how to be entred Refiner of Rock-Salt his allowance 56 l. weight shall be taken to be a Winchester Bushel of eight Gallons Winchester Measure and shall be entred and taxed accordingly And all Salt taken out of the Pits shall be entred by weight only and that six-score pounds weight thereof shall be deemed a Winchester Bushel of eight Gallons Winchester Measure and entred accordingly And where any Rock-Salt shall be melted and resined which had before paid the Duty the Refiner shall have allowance after the rate of 12 d. per Bushel Oath being first made before some Justice of the Peace of the particular quantity by him so imployed XXIV This Branch of the Act concerning Excise upon Beer Ale Cyder and other Liquors herein after expressed over and above all Duties and Impositions by any former Act unexpired commenceth from the 17th of May 1697. and continues for sixteen years and no longer in manner following viz. Â l. s. d. Every Barrel of Beer or Ale above 6 s. the Barrel by the Common Brewer or Seller over and above
farther declared and enacted by the Authority aforesaid That from and after this present Session of Parliament no dispensation by Non obstante of or to any Statute or any part thereof shall be allowed but that the same shall be held void and of no effect except a Dispensation be allowed of in such Statute and except in such Cases as shall be specially provided for by one or more Bill or Bills to be passed during this present Session of Parliament Provided that no Charter or Grant or Pardon granted before the three and twentieth day of October in the year of our Lord one thousand six hundred eighty nine shall be any ways impeached or invalidated by this Act but that the same shall be and remain of the same force and effect in Law and no other than as if this Act had never been made Silk I. STat. 2 W. M. Sess 1. cap. 9. The throwing of Silk is not a Manufacture within the Intention of the Act of 12 Car. 2. for encouraging and encreasing of Shipping and Navigation And no thrown Silk of the product of Turkey Persia East-India or China or any other Place except of the production of Italy Sicily or Naples and imported in Vessels navigated as the said Act directs and brought from some Port of the Countries of which they are the production and which shall come directly by Sea shall after the 25th of May 1690. be imported into England Wales Jersey or Guernesey or the Town of Berwick on pain to forfeit the same one moiety to their Majesties and the other to the Informer II. Yet this Act shall not extend to any thrown Silk of the production of Italy Sicily or Naples that shall be imported otherwise than by this Act is directed before the first day of September 1690. and which shall be proved by Oath of the Owner or his Agent to have provided and bought by his Order from England in some part of Italy Sicily or Naples before the first day of June 1690. which Oath any two Commissioners of the Customs may administer III. And no thrown Silk laden in India Persia or China to be imported hither on or before the 20th day of September 1690. shall be liable to any Forfeiture by virtue of this Act. Symony I. Stat. 1 W. M. Sess 1. cap. 16. After the Death of a Person Symoniacally promoted to any Benefice or Ecclesiastical Living the Offence or Contract of Symony shall neither by way of Title in Pleading or in Evidence to a Jury or otherwise be alledged or pleaded to the prejudice of any Patron innocent of Symony or of his Clerk upon pretence of Lapse or otherwise unless the Person symoniacally promoted or his Patron were convicted of such Offence at the Common Law or in some Ecclesiastical Court in the life-time of the Person symoniack II. No Leases really and bona fide made or to be made by any Person symoniacally promoted for good and valuable consideration to any Person not being privy to or having notice of such Symony shall be impeached or avoided by reason thereof Souldiers I. Stat. 1 W. M. Sess 1. cap. 5. An Act for punishing Officers or Souldiers who shall mutiny or desert their Majesties Service Exp. II. Stat. 1 W. M. Sess 2. cap. 4. An Act for punishing Officers or Souldiers who shall mutiny or desert their Majesties Service and for punishing false Musters Exp. III. Stat. 2 W. M. Sess 2. cap. 6. An Act for punishing Officers and Souldiers who shall mutiny or desert their Majesties Service and for punishing false Musters Exp. IV. Stat. 4 5 W. M. cap. 13. From and after the 10th day of March 1692. every Person being mustered in Pay as an Officer or Souldier in the Army who shall before the first of March 1693. cause or joyn in any Mutiny or Sedition in the Army or desert the Service shall suffer Death or such other punishment as a Court-Martial shall inflict or being a Souldier listed in any Regiment Troop or Company shall list himself in any other Regiment c. without a Discharge from his Officer shall suffer Death or such other Punishment as aforesaid V. Their Majesties or the General of their Army may grant Commissions to any Lieutenant-General or other Officers not under the Degree of a Field-Officer or Commander in Chief of a Garrison to call and assemble Courts-Martial No Court-Martial that shall have Power to inflict punishment as aforesaid to consist of fewer than thirteen whereof none to be under the Degree of a Commission Officer and the President not to be under the Degree of a Field-Officer or the Commander in Chief of the Garrison where the Offender shall be tried VI. No Field-Officer shall be tryed by any under the Degree of a Captain And such Courts-Martial shall have power to administer Oaths to Witnesses VII Nothing in this Act shall exempt any Officer or Souldier from the ordinary Process of Law nor shall extend to concern any the Militia Forces of this Kingdom VIII This Act to be in force till the first of March 1693. and no longer IX Every Officer present at Trials of Offences that may be punished by Death shall take this Oath viz. You shall well and truly try and determine according to your Evidence the Matter now before you between our Soveraign Lord and Lady the King and Queens Majesties and the Prisoner to be tryed So help you God No sentence of Death shall be given unless nine of the thirteen present concur And if there be a greater number present Judgment shall pass by the Concurrence of the greater part so sworn such greater part not being less than nine No Proceedings Trial or Sentence of Death shall be had or given but between the hours of eight in the Morning and one in the Afternoon X. If any shall make or procure to be made false Certificates to execute Souldiers for absence from any Muster or other Service they shall forfeit 50 l. and to be cashiered and disabled to hold any Military Imployment XI Officers making salse Musters and Commissaries Muster-Masters and other Officers allowing the Muster-Roll wherein such false Muster is contained or a duplicate thereof upon proof thereof by two Witnesses before a Court-Martial shall be cashiered and disabled to hold any Civil or Military-Office or Imployment and forfeit 100 l. XII Commissaries and Muster-Masters upon any Muster to be made shall by a convenient time before give notice to the Chief Magistrate of the place where the Souldiers shall be quartered who are required to be present at such Musters and assist in the discovery of any false Muster Commissaries and Muster-Masters neglecting to give such notice or refusing the assistance of such Chief Magistrate shall forfeit 50 l. and be discharged from his Office and no Muster-Roll shall be allowed not signed by such Chief Magistrate XIII If any Person shall be falsly mustered or offer himself so to be upon Oath thereof made before the