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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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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
Books and Pamphlees and for regulating Printing and Printing Presses shall be in force for One year from the 13th of February 1692. and from thence to the end of the next Session of ●arliament XVII All Jurors other then Strangers upon Tryals per medietatem linguae return'd upon Tryal of Issues joyn'd in the Kings-Bench Common-Pleas or Exchequer or before Justices of Assize or Nisi prius Oyer and Terminer Goal-delivery or General Quarter-Sessions of the Peace after the 1st Day of May 1693. within any County of England shall have in their own Name or in Trust for them within the same County 10 l. a year at least above Reprizes of Free-hold or Coppy-hold Lands or of Lands in ancient Demesne or in Rents in Fee-simple or Fee-tail or for their own or some other Persons Life And in every County of Wales such Jurors shall have 6 l. a year at least as aforesaid All which Persons having such Estates are hereby made liable to serve as aforesaid If any be return'd of lesser Estate it shall be good cause of Challenge and the Party return'd shall be discharged upon such Challenge or upon his own Oath Nor shall any Jury-man's Issues making default be saved but by special Order of the Court or Judges for some reasonable Cause proved upon Oath And the Ven. fac for Impannelling Juries in England shall run thus viz. Rex c. praecipimus c. quod Ven. fac coram c. duodecim liberos legales homines de vicineto de A quor ' quilibet habeat decem Librat terrae tenementor ' vel reddit ' per annum ad minus per quos c. qui nee c. and the residue after the ancient manner and the Writs for Returning Juries in Wales shall be in like manner altering only the Word decem for sex And Sheriffs Coroners and other Ministers returning in any such Pannel any Person not having 10 l. or 6 d. respectively by the Year as aforesaid shall forfeit for every such Person so Returned the Sum of Five Pounds to Their Majesties XVIII No Sheriff or Bayliff of any Liberty or their Ministers shall return any such Persons to have been Summoned by them unless they shall have been Summoned Six days at least before the Day on which they ought to make their Appearance nor shall take any Reward to excuse the Appearance of any Juror Summoned or Return'd on Pain to Forfeit for every such Offence 10 l. to Their Majesties XIX Saving to all Cities Boroughs and Towns Corporate their ancient Usage of returning Jurors in such manner as hath been accustomed XX. Provided that it shall be Lawful to Return Persons upon the Tales in any County within England who shall have 5 l. a year above Reprizes and within Wales 3 l. a year XXI No Fee or Reward shall be taken by any Person whatsoever upon the Account of any Tales return'd upon Pain to Forfeit 10 l. for every such Offence the one Moity to the Prosecutor and the other to Their Majesties XXII No Writ de non ponendis in Assisis Juratis shall be granted unless upon Oath made that the Suggestions are true XXIII So much of this Act as relates to the returning of Jurors to be in force for Three years from the 1st of May 1693. and from thence to the end of the next Session of Parliament Corn. I. Stat. 1 W. M. Sess I. cap. 12. When Malt or Barley Winchester Measure shall be at 24 s. per Quarter or under Rye at 32 s. per Quarter or under and Wheat at 48 s. per Quarter or under in any Port of this Kingdom or Wales Merchants and others who shall put on Ship-board in English Shiping the Master and Two thirds of the Mariners being Their Majes●ies Subjects any sorts of the Corn aforesaid to Export the same beyond Sea shall bring Certificates under their Hands containing the quantity and quality of the Corn shipped to the Persons appointed to Collect the Customs in any such Port and upon Proof made of such Certificate by one or more Credible Persons upon Oath and upon Bond given by such Merchant or other Person in ●00 l. for every hundred Tuns of Corn so shipped and so proportionably that the said Corn dangers of the Seas excepted shall be Exported into Parts beyond the Sea and not be landed in England Wales Guernsey Jersey or Berwick shall receive from the Persons appointed to Collect the Customs as aforesaid for every Quarter of Barley or Malt ground or unground 2 s. 6 d. for every Quarter of Rye 3 s. 6 d. for every Quarter of Wheat 5 s. and shall pay no Custom nor any Fee or Reward for Corn so laden to be Exported And upon Certificate under the Common Seal of the Chief Magistrate in any Place beyond Sea or under the Hand and Seals of Two known English Merchants upon the Place that such Corn was there Landed or upon Proof by Credible Persons that such Corn was taken by Enemies or Perished at Sea the Examination and Proof thereof being left to the Receivers of the Customs the Bond shall be delivered up to be Cancelled And the Moneys so paid shall be allowed as paid to Their Majesties Courts I. Stat. 1 W. M. Stss 1. cap. 27. Whereas by a Statute made in the 34th and 35th years of the Reign of King H. 8. Entituled An Act for certain Ordinances in the King's Majesties Dominion and Principality of Wales It is Enacted That there shall be and remain a President and Council in the said Dominion and Principality of Wales and the Matches of the same with all Officers Clerks and Incidents thereunto in Manner and Form as hath been heretofore used and accustomed Which President and Council shall have Power and Authority to Hear and Determine by their Wisdoms and Diseretions such Causes or Matters as be or hereafter shall be Assign'd to them by the King's Majesty as heretofore hath been accustomed and used Be it Enacted that the said Clause be Repealed and that the said Court before the President and Council be dissolved and taken away II The Justices of the Great Sessions in Wales shall yearly Nominate Three Persons for each Shire in their Circuits to be Sheriffs of the same and certifie the same to the Lords of the Privy Council Crastino animarum that Their Majesties may appoint one of them to be Sheriff for that year III. Errors in Pleas personal within Wales shall be redressed by Writ of Error as Errors in Pleas real and mixt are appointed to be redrest by the said Statute of 34 and 35 of King H 8. IV. Judgments and Decrees passed in the said Court before the 1st Day of June 1689. shall remain in force and execution upon them in the same State in which they were before the making this Act. Crown-Office I. Stat. 4 5 W. M. cap. 22. No Corporations Lords of Manors or others having Grants by Charter or other good Conveyances who have
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
to ply on Sundays XII The Commissioners for the better discovery of Offenders herein shall publish a List or Account of all the particular Numbers of such Hackney-Coaches as shall be appointed for every Lords-Day successively through the Year Fines I. STat. 5 6 W. M. Sess 5. cap. 6. Six shillings and eight pence shall be paid upon signing Judgment to the proper Officer who signeth the same in full satisfaction of the Capiatur Fine and all Fees due for or concerning the same which said Officer shall make an increase to the Plaintiff of so much in his Costs to be taxed against the Defendant Iustices of Peace I. Justices of Peace in Wales limited to eight in each County repealed STat. 5 W. M. Sess 5. cap. 4. Whereas by a Statute made the 34th and 35th of H. 8. Entituled An Act for certain Ordinances in the Kings Majesties Dominion and Principality of Wales there is a Clause contained in these Words viz. That there shall not exceed the number of eight Justices of the Peace in any of the said Shires over and above the President Council and Justices aforesaid and the Kings Attorny and Solicitor which President Council Justices and the Kings Attorny and Solicitor shall be put in every Commission of Peace in every of the said twelve Shires And whereas this Clause is found inconvenient Be it enacted That the said Clause be repealed And that it may be lawful to and for the King and Queen by Commission under the Great Seal to constitute nominate and appoint any such number of Persons to be Justices of Peace in any of the said Counties of Wales as they shall think fitting according to such Ways and Methods as are commonly used for the constituting nominating and appointing of Justices of Peace for any County of England And that the Persons so constituted nominated and appointed shall have power and authority to act and do any thing appertaining to the Office of a Justice of Peace in as large and ample manner as any Justice of Peace within the Dominion of Wales might or ought to have done before the making of this Act any Law c. to the contrary notwithstanding I. Stat. 5 6 W. M. Sess 5. cap. 5. Certiorari to remove Indictment That in Term-time no Certiorari at the Prosecution of any Party indicted shall be granted out of the Court of Kings Bench to remove any Indictment before Trial had and from before the Justices of the General or Quarter Sessions of the Peace unless such Certiorari shall be granted upon Motion of Council and Rule of Court in open Court and that the Parties indicted prosecuting such Certiorari shall find two Manucaptors before one or two Justices of the County in 20 l. to plead to the said Indictment in the Kings Bench and at their own Charges to procure the Issue that shall be joyned upon the said Indictment to be tried at the next Assizes held for the County where the said Indictment was found after such Certiorari shall be returnable if not in London Westminster or Middlesex and if in the said Cities or County then to cause it to be tried the next Term after such Certiorari shall be granted or at the sitting after the said Term if the Kings Bench shall not appoint any other time and if any other time then notice to be given to the Prosecutor and the said Recognizance and Certiorari to be certified into the Kings Bench and there filed and the name of the Prosecutor to be indorsed and if the Party prosecuting such Certiorari being the Defendant shall not before allowance thereof procure such Manucaptors to be bound in a Recognizance the Justices of Peace may try the said Indictment at the said Sessions notwithstanding such Certiorari so delivered II. Costs against Prosecutor of a Certiorari And if the Defendant prosecuting such Certiorari be convicted then the Kings Bench shall give reasonable Costs to the Prosecutor to be taxed according to the course of the said Court and within ten days after demand upon Oath and refusal thereof he shall have an Attachment against the said Defendant by the Court for his Contempt and the Recognizance not to be discharged till the Costs so taxed shall be paid III. Certioraries grantable in vacation Nevertheless in the Vacation Writs of Certiorari may be granted by any of the Justices of the Kings Bench whose Names shall be endorsed and the Name of the Party at whose instance it is granted and before the allowance of such Writ the Party indicted prosecuting such Certiorari shall find such Sureties as before-mentioned in this Act. IV. Certioraries in Cheshire Lancaster and Durham And also upon every Certiorari granted within Chester Lancaster and Durham to remove Indictments as aforesaid the Parties indicted prosecuting such Certiorari shall find Sureties to try the said Indictments at the next Assizes or General Gaol-delivery and if convicted shall be liable to like Costs to be taxed as by this Act provided where the same are granted out of the Kings Bench. V. For repairing High-ways c. Provided if any Indictment be against any Person for not repairing High-ways Cawsies Pavements or Bridges and the Title to repair the same may come in question upon such Suggestion and an Affidavit made thereof a Certiorari may be granted to remove the same into the Kings Bench any Law to the contrary notwithstanding VI. Sureties Provided that the Parties prosecuting such Certiorari shall find two Manucaptors to be bound in a Recognizance with Condition as aforesaid Leases I. Leases of Lands part of the Dutchy of Cornwal STat. 5 6 W. M. Sess 5. cap. 16. All Leases and Grants made by the late King Charles II. or by the late King James or by their present Majesties or to be made within seven years next ensuing by Letters Patents or Indentures under the Great Seal of England or Seal of the Court of Exchequer or Copy of Court-Roll according to the Custom of the respective Manors of the said Dutchy or thereunto annexed of any Offices Messuages Parks Lands Tenements or Hereditaments parcel of the said Dutchy of Cornwal or annexed to the same other than of Honours Lordships or Manors shall be effectual in Law according to the purport of the same Copies Leases and Grants against the present King and Queen their Heirs and Successors and against every Person that shall have or enjoy the said Dutchy by force of any Act of Parliament or by any other Limitation II. Provided For one two or three lives or thirty one years that such Lease be not for more than one two or three Lives or thirty one Years or for some Term determinable upon one two or three Lives and not above And if such Leases be made in Reversion that then the same with the Estate in possession do not exceed three Lives or thirty one Years not dispunishable of Waste
his room and in case of neglect or refusal to make such Appointment before the next General Quarter-Sessions after such refusal the Justices of Peace at their General Quarter-Sessions may appoint one VI. Provided always that he shall be liable to all the Penalties Conditions c. hereby mentioned and expressed and may be discharged by the said Justices as aforesaid VII No Custos Rotulorum or other person to whom it doth or shall belong to nominate a Clerk of the Peace shall s●ll the said Place directly or indirectly upon the Penalty that every Custos Rotulorum or other person so selling and every Clerk of the Peace so buying shall be disabled to hold their Places and forfeit double the Value of what shall be so given or taken to be recovered by him or them that will sue for the same to their own use by any Action of Debt Suit Bill Plaint or Information in any of Their Majesties Courts at Westminster VIII Every Clerk of the Peace before he enters upon his Office shall in open Sessions take this Oath viz. I A. B. do swear That I have not nor will pay any Sum or Sums of Money or other Reward whatsoever nor have given any Bond or other Assurance to pay any Money Fee or Profit directly or indirectly to any person or persons whomsoever for such Nomination or Appointment So help me God IX Nothing in this Act shall relate to the Clerk of the Peace for the Dutchy and County Palatine of Lancaster X. This Act to commence from the 1st day of May 1689. Churches I. Sat. 4 5 W. M. c. 12. Where any Churches have been or shall be united by virtue of an Act made in the 17th year of the Reign of the late K. Charles the Second and one of them at the time of such Union was or hereafter shall be demolished in such case whenever the Church to which the Union was or shall be made shall be out of Repair or want decent Ornaments the Parishioners of the Parish whose Church shall be down or demolished shall pay towards the Charge of such Repairs and Ornaments in proportion as the Archbishop or Bishop that shall make such Union shall direct and for want of such Direction shall bear one third part of the Charge Clergy I. Stat. 3 4 W. M c. 9. Such as shall rob any person or feloniously take away Goods being in a Dwelling-house the Owner or other person being there and put in fear or shall rob any Dwelling house in the day time any Person being therein or shall be accessary to any of the said Offences or to break any Dwelling-house Shop or Warehouse thereunto belonging or therewith used in the day time and feloniously take away Money or Goods to the value of 5 s. though no person be therein or shall counsel hire or command any person to commit any Burglary being thereof attainted or being indicted thereof shall stand mute or will not directly answer to the Indictment or shall peremptorily challenge above 20 Jurors shall not have the Benefit of their Clergy II. Persons indicted of any offence for which by virtue of any former Law they are excluded from Clergy if convicted by Verdict or Confession shall not be admitted to the Benefit thereof if they stand mute or will not answer directly to the Felony or shall challenge peremptorily above 20. III. Persons indicted for stealing any Goods in any County and thereof convicted or standing mute or not answering directly to the Indictment or challenging peremptorily above 20 shall be excluded from the Benefit of their Clergy if it appear upon Evidence that the said Goods were taken in any other County in such manner as if the said persons had been convicted by a Jury there they should have lost the Benefit of their Clergy IV. Persons buying or receiving stolen Goods knowing them to be stolen shall be deemed Accessaries to the Felony after the Fact V. If any persons shall steal any Chattels c. which by Contract or Agreement they are to use or shall be let to them in Lodgings such stealing shall be adjudged Larceny and Felony VI. If a Woman be convicted of an Offence for which a man might have the Benefit of his Clergy upon her Prayer to have the Benefit of this Statute Judgment of Death shall not be given against her but she shall suffer the same punishment that a man should suffer viz. shall be burnt in the Hand and farther be kept in Prison not exceeding a year VII A Transcript certified by the Clerk of the Crown of the Peace or of the Assizes containing the Tenor of the Indictment and of the persons having had the Benefit of his Clergy or of this Act to the Judges or Justices in any other County shall be a sufficient proof that such persons hath had the Benefit of his Clergy or of this Act. Coals I. Stat. 2 W. M. Sess 2. cap. 7. An Act made in the 16th and 17th years of the Reign of the late K. Charles II. for Regulating the Measures and Prices of Coals is hereby revived and continued from the 1st day of December 1690. for the space of 7 years and from thence to the end of the next Session of Parliament II. Owners of Vessels English built and belonging to the Subjects of England whereof the Master is an Englishman Trading with Coals to and from Newcastle or the Parts adjacent or to Wales to London or any part of England may navigate their Vessels with as many Foreign Seamen as the Master or Owners shall think fit during the present War any thing in an Act made in the 12th year of K. Charles II. Entituled An Act for Encouraging and Encreasing Shipping and Navigation to the contrary notwithstanding The Act of K. Charles the Second hereby Revived is as followeth viz. Stat. 16 17 Car. 2. From and after the 6th of March 1664. all Sea coal brought into the River of Thames and sold shall be sold by the Chaldron containing 36 Bushels heaped up and according to the Bushel sealed for that purpose at Guildhall and all other Coals commonly sold by Weight shall be sold after the proportion of 112 pounds to the Hundred of Avoir du pois on pain to forseit the Coals otherwise sold or exposed to sale and the double value thereof to be recovered by any who will sue for the same in any Court of Record or by Complaint to the Lord Mayor and Justices of Peace within London or any two of them or to the Justices of Peace of the several Counties and Places where such Coals shall be exposed to sale who are hereby empowered to convict the Offenders and to levy the Forfeitures by Warrant one half to the Prosecutor and the other half to the Use of the Poor or Repairing the Highways The Lord Mayor and Court of Aldermen and the Justices of Peace of the several Counties c. or any Three of them whereof one to be of
the Fourth It was Enacted That none from thenceforth should use to multiply Gold or Silver or use the Craft of Multiplication and if any the same do they should incur the pain of Felony Be it Enacted that the said Branch Article or Sentence be Repealed II. Provided that all Gold and Silver that shall be Extracted by the Art of Melting and Refining Metals and otherwise Improving them and their Ores shall be employed for the encrease of Moneys and no otherwise and that the Place hereby Appointed for the disposal thereof shall be the Mint in the Tower of London where they shall receive the Value of their Gold and Silver so Extracted III. No Mine of Copper Tin Iron or Lead shall hereafter be adjudged to be a Royal Mine though Gold or Silver may be Extracted out of the same Government I. Stat. 1. W. M. Sess 1. cap. 2. An Act for Impowring His Majesty to Apprehend and Detain such Persons as he shall find just cause to suspect are Conspiring against the Government EXP. II. Stat. 1. W. M. Sess 1. cap. 7. An Act for Impowring His Majesty to Apprehend and Detain such Persons as he shall find just Cause to suspect are Conspiring against the Government III. Stat. Ann. 1. W. M. Sess 1. cap 19. All Persons that shall be in Prison the 25th Day of May 1689. or after by Warrant of Their Majesties Privy Council Signed by Six of the Council for Suspicion of High Treason or Treasonable Practices may be detained in Custody without Bail or Main-prize till the 23d Day of October 1689. And no Judge or Court of Justice shall Bail or Try any such Persons without Order from Their Majesties Privy Council Signed by Six till the said 23d of October IV. From and after the said 23d of October such Persons shall have the Benefit of the Habeas Corpus Act and of all other Statutes providing for the Liberty of the Subjects V. Nothing in this Act shall extend to Prejudice the Ancient Rights and Priviledges of Parliament VI. A true Copy of every Warrant for such Commitment shall be Entred and Kept by the Clerks of the Privy Council in a Book apart and Signed by such of the Privy Council as shall Grant the Warrant and no Warrant not so Entred and Signed and Kept shall be adjudged to be a Warrant by Virtue of this Act. VII Stat. 2. W. M. Sess 1. cap. 6. Whensoever and as often as His Majesty shall be absent out of England It shall be Lawful for the Queen to Exercise and Administer the Regal Power and Government in the Names of both Their Majesties for such time only during Their Joint Lives as His Majesty shall be absent out of England VIII Nothing in this Act shall debar His Majesty during such absence from the Exercise of Administration of any Act or Acts of Regal Power or Government and neither the passing this Act nor His Majesties Royal Voyage or Absence shall Dissolve this present Parliament or determine any Commissions Granted by His Majesty nor avoid any other Act of Government executed or to be execured by him IX Provided That as often as His Majesty shall return into England the sole Administration of the Regal Power and Government shall be in His Majesty only Hair-Buttons I. STat. 4. 5. W. M. cap. 10. No Foreign Buttons made of Hair nor other Foreign Buttons whatsoever shall be Imported or Bartered Sold or Exchanged on pain to Forfeit the Buttons so Imported Bartered Sold or Exchanged and under such farther Penalties as are expressed in an Act made in the 14th year of the Reign of the late King Charles 2d Entituled An Act Prohibiting the Importation of Foreign Bone lace Cut-work Imbroidery c. One Moiety to Their Majesties and the other to the Informer II. The Justices of Peace within their respective Divisions shall have the same Authority and Power to issue their Warrants to seize all Foreign Buttons whatsoever that by the said Act is given them to seize Foreign Buttons made of Thread and Silk Hearth-Doney I. Stat. 1. W. M. Sess 1. cap. 10. An Act made in the Parliament begun at Westminster the 8th of May in the 13th year of King Charles 2d Entituled An Act for the Establishing an Additional Revenue upon His Majesty His Heirs and Successors for the better Support of His and Their Crown and Dignity And another Act made in the Second Session of the said Parliament in the 15th year of the said King's Reign Entituled An Additional Act for the better Ordering and Collecting the Revenue arising by Hearth-Money And another Act made in the 16th year of the said King's Reign Entituled An Act for Collecting the Duty arising by Hearth-Money by the Officers to be Appointed by His Majesty are hereby Repealed and made Void II. Nothing in this Act shall hinder or prejudice the Levying the said Revenue arising by Hearth-money which shall grow due on the 25th of March 1689. and all Arrears of the said Duty now due and payable by the said Acts. High-ways I. Stat. 3 4 W. M. cap. 12. The Laws and Statutes in force touching the High ways not hereby altered or repealed shall be put in Execution II. Upon the 26th day of Decemb. yearly unless that day be Sunday and then on the 27th day the Constables Headboroughs Tything-men Churchwardens Surveyors of the High-ways and Inhabitants in every Parish shall assemble and the major Part of the Assembly shall make a List of the Names of a competent Number of the Inhabitants who have an Estate in Land in their own Right or their Wives of 10 l. per annum or a personal Estate of 100 l. or are Occupiers of Houses Lands c. of the yearly value of 30 l. if such there be and if not then a List of the most sufficient Inhabitants and return it to Two or more Justices of the Peace at a Special Sessions to be held for that purpose on the third day of January next following or within Fifteen days after For which purpose the Justices are required to hold a Special Sessions and to give notice to the Constables Headboroughs c. of every Parish within the Division Ten days before the holding of the same and out of the said Lists by Warrant under their Hands and Seals they shall nominate One Two or more to be Surveyor or Surveyors of the High-ways of every Parish within the Division or for any Hamlet Precinct Town c. of and in the same for the year ensuing Which Nomination shall by the Constables c. be notified to the persons nominated within six days by serving them with the Warrants or leaving the same or a Copy thereof at their Houses And if the Persons so nominated shall refuse or neglect to take upon them the said Office they shall forfeit 5 l. to be on their Goods by Distress and Sale thereof by Warrant of Two Justices of the Peace which Warrant the Justices are
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 Marke●-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 ●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
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
benefits and advantages thereof XV. Persons since the said Judgment admitted into the Freedoms or Liveries of the said Companies according to the Custom of the City shall enjoy the Rights and Priviledges of a Free-man and Livery-man XVI This present Act shall be reputed a General and Publick Act of Parliament of which all Judges in all Courts shall take notice as if it were a Publick Act relating to the whole Kingdom XVII Stat. 2 W. M. Sess 2. cap. 8. From the 15th day of Dec. 1690. All Persons within the Parishes within the Weekly Bills of Mortality in Middlesex and Westminster and the Liberties thereof and in Southwark or in any Streets c. compriz'd in the said Weekly Bills and in Kensington shall on every Wednesday and Saturday sweep and cleanse all the Streets c. before their Houses c. that the Dirt may be ready for the Scavenger on pain to forfeit 3 s. and 4 d. for every neglect and none shall lay or suffer to be laid any Sea-Coal Ashes Dust Dirt c. in any open Street Lane or Alley before their own Houses or any publick Places on the Penalty of 5 s. and none shall lay any Ashes Dirt or Soil before the Houses or Walls of any Persons Inhabitants of the City Parishes or Places aforesaid or before any Church Church-yard Wall or any of their Majesties Palaces or Places or shall throw or cause to be thrown into any Common Shewer or High-way within the Parishes and Places aforesaid or any private Vault of any of the said Inhabitants any noysome thing whatsoever but shall keep the same in their respective Houses Yards or Backsides till the Scavenger or other Officer come to take them away on pain to forfeit 20 s. for every such Offence XVIII The respective Church-wardens and the House-keepers and other Keepers of White-hall Somerset-house St. James's house and St. James's Park and the Guard-houses and Stables c. And the Ushers Porters or Keepers of Courts of Justice and other publick Places shall suffer the like Penalties for Offences or Neglects done or suffered before any such Places XIX None shall hoop wash or cleanse any Vessels in any the said Streets Lanes or open Passages nor shall set any Dung Soil Rubbish or empty Coaches to make or mend or rough Timber or Stones to be sawn or wrought on the penalty of 20 s. for every Offence XX. The Rakers Scavengers c. shall every day in the Week except Sundays and Holydays bring Carts and by a Bell or otherwise give notice of their coming and carry away the Dirt c. daily on pain to forfeit 40 s. for every Offence or Neglect XXI Open Streets Lanes and Allies now paved shall be kept so at the Charge of the Inhabitants and where Houses are unoccupied at the charge of the Owners that is to say every Housholder or Owner to amend the Streets c. before his own House c. on pain to forfeit 20 s. for every Perch or Rod for every Default and of 20 s. a Week for every Week after till the same be amended XXII One or more Justices of the Peace may view and inspect new ways made or to be made and if they find them fit to be paved shall certifie the same to the next General Quarter-Sessions where the Justices of Peace shall take such order for paving them as they shall think fit and Owners and Inhabitants of Houses now built or hereafter to be bullt adjoyning to any new Streets or Ways adjudged to be paved or amended pave with Stone or Gravel or otherwise amend the Ground before their Houses and Buildings to the middle of the Way and in default thereof shall forfeit 40 s. for every Perch not paved or amended and the like Sum for every Week till it be paved c. and when paved the like Sum as those that shall not pave or repair open Streets c. by virtue of this Act. XXIII Such ancient Streets Lanes and Allies as by Custom or Order have been repaired in any other order or manner shall hereafter be paved and maintained as heretofore hath been used XXIV Within the Parishes of St. Anne and St. James within the Liberty of Westminster Scavengers shall be chosen as by the said Acts is directed and the Assessments for Scavengers and such like Officers shall be assessed and raised according to the Custom of the said City where it is not otherwise provided by the said Acts and the Receivers of such Monies to be accountable as by the said Acts or otherwise by Law new Houses now or hereafter to be built within the said Limits and Parishes shall pay proportionable with others and in all other Places and Parishes aforesaid upon every Munday or Tuesday in Easter-week the Constables Church-wardens Overseers of the Poor and Surveyors of the High-ways calling such Parishioners as are usually present at chusing Parish Officers shall appoint two Tradesmen of their Parish to be Scavengers for the next Year and till others be chosen who within seven days after their election and notice thereof shall take the Office upon them on pain to forfeit 10 l. for every refusal and in case of refusal others shall be chosen within seven days who shall take upon them the Office under the same Penalty the said Penalties to be paid to the Surveyors of the High-ways and imployed towards the repairing the same and to be levied by distress and sale of Goods by Warrant from a Justice of Peace and for want of a distress or non-payment within six days after demand and notice left at the Offenders House the Offender to be committed till payment XXV Within twenty days after the Election of the Scavengers the Constables Church-wardens Overseers of the Poor and Surveyors of the High-ways calling to them the Inhabitants as aforesaid shall settle a Tax according to a Pound-rate for the next Year which being allowed by two Justices of the Peace shall be quarterly paid by the Inhabitants upon demand and in case of refusal shall be levied by distress and sale of Goods and for want of a distress by imprisonment till payment if the Offender be not a Peer XXVI The Mony yearly assessed and collected for cleansing the Streets shall be yearly accounted for by the Scavengers to two or more of the next Justices of Peace within twenty eight days after the Election of new Scavengers and what remains in their Hands shall be paid over to their Successors and two such Justices may commit Scavengers refusing to account till they make a true account and pay over as aforesaid what remains in their Hands XXVII The Scavengers shall have liberty by order of the Justices at their Petit Sessions or any two of them to lodge their Dirt c. in such vacant and publick Places near the Streets as shall be thought convenient giving satisfaction to the Owners and in case of unreasonable Demands the Justices shall moderate the same and Persons aggrieved by any
of Abode by any Person authorized in that behalf by Warrant under the Hands and Seals of the said two Justices such Person shall be liable to all the Penalties Forfeitures and Disabilities herein after mentioned VII The said Justices of the Peace shall certifie the Name Sirname and usual Place of Abode of Persons so refusing or neglecting and of all who shall make and subscribe the said Declaration at the next General Quarter-Sessions to be holden for the Shire Riding c. for which they shall be Justices to be there Recorded c. VIII No Papist or reputed Papist so refusing or making default shall keep in his House or elsewhere at his disposition any Arms Weapons Gun-powder or Ammunition other than such as shall be allowed him by order of a General Quarter-Sessions for the defence of his House and Person and any two or more Justices of the Peace may from time to time by Warrant under their Hands and Seals authorize Persons in the day-time with the assistance of the Constable or his Deputy Tythingman or Headborough to search for Arms c. in the House Custody or Possession of any such Papist or reputed Papist and seize the same for their Majesties use and shall at the next General Quarter-Sessions deliver them in open Court for the use aforesaid IX Every Papist or reputed Papist who shall not within ten days after such refusal or making default as aforesaid discover and deliver to some Justice of the Peace all Arms Weapons Gun-powder or Ammunition whatsoever which shall have in his House or elsewhere or shall hinder any Persons authorized to search as aforesaid to search and seize the same shall be committed to the Common Gaol by Warrant of any two Justices of Peace for three months without Bail or Mainprize and shall forfeit the said Arms and pay treble the value of them to the Kings use to be appraised by the Justices of Peace at their next General Quarter-Sessions X. Persons concealing or privy to the concealing of such Arms or that shall hinder any Persons authorized as aforesaid in searching for and seizing the same shall be committed to the Common Gaol by Warrant as aforesaid for three months without Bail or Mainprize and shall forfeit the treble value of the said Arms to their Majesties c. XI If any Persons shall discover any concealed Arms c. belonging to any refusing or making default as aforesaid so as the same may be seized the Justices of Peace upon delivery of the same at the General Quarter-Sessions shall allow as a Reward for such discovery the full value of the Arms c. so discovered the Sum to be by the said Justices of Peace at their Sessions and to be levied by distress and sale of the Offenders Goods rendring the overplus above the Sum assessed and the Charges of the Distress to the Owner XII Persons having refused or made default as aforesaid who shall afterward in open Court at the General Quarter-Sessions where their refusing or making default shall be certified make and subscribe the said Declaration and take the Oaths contained in an Act made in this Parliament Entituled An Act for removing and preventing all Questions and Disputes concerning the assembling and sitting of this present Parliament shall from thenceforth be discharged of and from all Disabilities and Forfeitures which for the future they might be liable to for such refusal or default XIII No Papist or reputed Papist so refusing or making default shall after the 15th of May 1689. keep in his possession or to his use any Horse or Horses above the value of 5 l. to be sold and any two Justices of the Peace may from time to time by Warrant as aforesaid and with the assistance aforesaid authorize any Persons to search for and seize such Horses as aforesaid to their Majesties XIV Persons concealing or aiding in the concealing any such Horses shall be committed by Warrant as aforesaid for three months without Bail or Mainprize and shall forfeit treble the value of such Horses to be settled as aforesaid XV. Stat. 1 W. M. Sess 1. cap. 17. Whereas in an Act of this Parliament Entituled An Act for the amoving Papists and reputed Papists from the Cities of London and Westminster c. the County of Sussex is by mistake inserted for the County of Essex Be it enacted That the Powers and Authorities by the said Act given to the Justices of the Peace of the County of Sussex be extended to the County of Essex and the Justices of Peace of the said County of Essex XVI Stat. 1 W. M. Sess 1. cap. 26. Persons refusing or neglecting to repeat and subscribe the Declaration mentioned in one Act of this present Parliament Entituled An Act for the better securing the Government by disarming Papists and reputed Papists when tendred by two or more Justices of the Peace or forbearing to appear before them upon notice given as the said Act directs and shall thereupon have their Names and Places of Abode certified and recorded at the General Quarter-Sessions as by the said Act is appointed shall be disabled to make any Presentation Collation Nomination or Donation or grant of any avoidance of any Benefice or Ecclesiastical Living as if such Person were a Popish Recusant convict and the Chancellors and Scholars of the two Universities respectively shall have the Presentation Nomination c. of and to every such Benefice c. being within their respective Counties Cities and other the Places and Limits mentioned in the Act of the third of King James I. Entituled An Act to prevent and avoid Dangers which may grow by Popish Recusants as in and by the said Act is directed and appointed XVII Persons seiz'd or possess'd of any Advowson right of Presentation Collation c. to any such Ecclesiastical Living Free-School or Hospital in trust for any Papist or Popish Recusant convicted or disabled according to the intent of the said Act of 1 Jac. 1. or of this Act shall likewise be disabled to present nominate or collate to any such Ecclesiastical Living c. or to grant any avoidance thereof and the Chancellors and Scholars of the Universities respectively shall have such Presentations c. as they should have in case such Recusant convict or disabled were seiz'd or possess'd thereof and if any Trustee Mortgagee or Grantee of any avoidance hereafter present c. or cause to be presented c. any Person to any such Living Free-School c. whereof the Trust shall be for a Recusant convict or disabled without giving notice in Writing to the Vice-Chancellor of the University to whom such Presentation c. shall belong according to the intent of this Act within three months after the avoidance he shall forfeit 500 l. to the respective Chancellors and Scholars of either University to be recovered by Action of Debt Bill Plaint or Information c. XVIII Provided that the said Chancellor and Scholars shall not present or
upon Record against them or are charg'd in Execution or imprison'd upon Attachments for Debt or upon Outlawries for Debt or upon any Process in Law or Equity for Debt Damages or Costs only who shall take the Oath mentioned in the Act of 22 and 23 Car. 2. Entituled An Act for the Relief and Release of poor distressed Prisoners for Debt and the Oath in this Act following shall be released in manner and form as is mentioned in the said Act and in one other Act made in the 30th year of the said late King Charles II. Entituled An Act for the farther relief and discharge of Poor distressed Prisoners for Debt II. Justices of Peace who pursuant to the said Acts or to this present Act shall make any Order for the discharge of any poor Prisoner for Debt shall cause to come before them any Sheriff Gaoler or Keeper of Prison where such Prisoners are and administer to them this Oath viz. I A. B. do swear that J. S. was really and truly my Prisoner in my custody without any fraud or deceit in me or by any other to my knowledge at or upon the 28th day of November 1690. So help me God III. If any Sheriff Gaoler c. refuse to appear and take the said Oath he shall forfeit to such Prisoner so about to be discharged the value of the Debt for which he is imprisoned to be recovered by Action of Debt in any their Majesties Courts of Record and if any such Sheriff Gaoler c. shall forswear himself he shall suffer as a person convicted of perjury IV. Prisoners taking the benefit of this Act and taking the Oath in the first recited Act mentioned shall also before such Justice or Justices by whom such Oath is to be given take this Oath viz. I A. B. do swear That on the 28th day of November 1690. I was actually a Prisoner in the custody of the Gaoler or Keeper of D. Prison in the County of C. at the Suit of J.S. without my consent or procurement or by any Fraud or Collusion whatsoever So help me God V. Such Prisoners forswearing themselves besides the penalties now in force against persons convicted of Perjury shall suffer seven years imprisonment VI. This Act shall not extend to persons in Execution for a Fine impos'd for any Offence VII Taking the Oaths and giving the Creditors notice as by this Act is required in all other things for the discharge of any poor prisoner it shall be observed in form and method as is directed by the two before mentioned Acts. VIII None shall have the benefit of this Act who shall stand charged with more than 100 l. principal Mony or Damages or who shall stand charged with any Debt to their Majesties IX Notwithstanding the discharge of such Prisoners Judgments against them shall be good in Law against their Lands and Goods their wearing Apparel Bedding for them and their Familes and Tools for their Trade c. only excepted X. Stat. 4 5 W. M. cap. 21. If any Defendants taken or charged in custody upon any Writ or Writs out of any of the Courts at Westminster and detained for want of Sureties for their appearance the Plaintiffs may before the end of the next Term after such Writ or Process shall be returnable declare against such Prisoners in the Court out of which the Writ shall issue and cause a Copy thereof to be delivered to such Prisoners or the Gaoler in whose custody he shall remain to which if the said Prisoners shall not appear and plead the Plaintiff shall have Judgment as if they had appeared and refused to answer or plead XI In all Declarations against Prisoners detained by virtue of any Process out of the Kings Bench it shall be alledged in custody of what Sheriff Bailiff c. such Prisoners are at the time of such Declaration which allegation shall be as effectual as if such Prisoners were in the custody of the Marshal or the Marshalsey c. Prizes I. Stat. 3 4 W. M. cap. 4. An Act for preserving two Ships lading of Bay-Salt taken as Prize for the benefit of their Majesties Navy Religion I. SEat Anno 1 W. M. Sess 1. cap. 18. Neither the Statute made in the 23th year of Queen Elizabeth Entituled An Act to retain the Queens Majesties Subjects in their due Obedience nor that of the 29th of the said Queen Entituled An Act for the more speedy and due execution of certain Branches of the Statute made in the 23th year of the Queens Majesties Reign nor that Clause of a Statute made in the first year of the said Queens Reign Entituled An Act for the Uniformity of Common Prayer c. whereby all persons are required to resort to their Parish-Church or Chappel or some usual place of Common-prayer c. Nor the Statute made in the third year of the Reign of King James I. Entituled An Act for the better discovering and repressing Popish Recusants nor that other Statute made in the same year Entituled An Act to prevent and avoid Dangers which may grow by Popish Recusants nor any Statute made against Papists or Popish Recusants except the Statute made 25 Car. 2. Entituled An Act for preventing Dangers which may happen from Popish Recusants and except the Statute made Anno 30 Car. 2. Entituled An Act for the more effectual preserving the Kings Person and Government c. shall be construed to extend to any persons dissenting from the Church of England that shall take the Oaths mentioned in a Statute made this Parliament Entituled An Act for removing and preventing all Questions and Disputes concerning the assembling and sitting of this Parliament and shall make and subscribe the Declaration mentioned in a Statute made in the 30th year of King Charles II. Entituled An Act to prevent Papists from sitting in either House of Parliament which Oaths and Declaration the Justices of Peace at their General Quarter-Sessions are hereby required to administer and thereof to keep a Register no Fee or Reward to be paid above 6 d. for such Entry and that but once nor above the farther Sum of 6 d. for a Certificate thereof II. Persons already convicted or prosecuted in order to Conviction of Recusancy that shall take the said Oaths mentioned in the said Statute made in this Parliament and make and subscribe the Declaration aforesaid in the Court of Exchequer or Assizes or General Quarter-Sessions c. to be thence certified into the Exchequer shall be discharged from all Penalties c. incurred by any the aforesaid Statutes III. All persons that shall take the said Oaths and make and subscribe the said Declaration shall not be liable to any penalties mentioned in an Act of the 35th of Queen Elizabeth Entituled An Act to retain the Queens Majesties Subjects in their due Obedience nor in an Act made in the 22th year of King Charles II. Entituled An Act to prevent and suppress Seditious Conventicles nor shall be prosecuted in
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.