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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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XVII This Act shall give no ease to Papists or Popish Recusants nor to any that in preaching or writing shall deny the Trinity XVIII If any persons after the 10th day of June come into any Church Chappel or Congregation permitted by this Act and disturb the same or misuse the Teacher upon proof thereof by two Witnesses before a Justice of Peace they shall find two Sureties to be bound by Recognizance in 50 l. and in default thereof be committed to prison till the next Quarter-Sessions and upon conviction of such Offence at the General or Quarter-Sessions shall forfeit 20 l. XIX No Assembly for Religious Worship shall be allowed by this Act till the place of meeting be certified to the Bishop of the Diocess or the Arch-deacon or to the Justices of Peace at the General or Quarter-Sessions and registred or recorded there respectively and a Certificate thereof given without Fee c. Revenue I. Stat. 1 W. M. Sess 1. cap. 14. The Subsidy of Tunnage and Poundage and other Sums of Mony payable upon Merchandise and the several Impositions Duties and Charges upon Liquors Manufactures and other Things and all and singular the Revenue and Revenues except Hearth-mony other than the Duties thereby arising at or before the 25th of March 1689. granted and payable to the two late Kings or either of them which remained and had continuance on the 5th day of November last and all Arrears of the same shall be answered and paid to their Majesties until the 25th day of December 1689. II. All persons who have received or collected any part of the publick Revenue since the said 5th day of November are hereby indemnified against all persons of whom they received or collected the same to be answerable nevertheless to their Majesties III. Seizures and Distresses made or to be made by any persons authorized and all Forfeitures and Penalties for any Offence against any Law concerning the Customs or Excise or relating to the Transportation of Wool or importation or exportation of prohibited Goods incurred since the 11th day of December and before the 13th of February 1688. shall be prosecuted as well by any Informer for the King and Queen and himself as by the Attorny General in manner and form as if such Seisures Distresses and Offences had been made and committed after the said 13th day of Febr. IV. Stat. 1 W. M. Sess 1. cap. 28. Part of the Mony accruing to their Majesties by one Act of Parliament made in the first year of the Reign of the late King James II. Entituled An Act for granting to his Majesty an Imposition upon all Tobacco and Sugar imported between the 24th day of June 1685. and the 24th day of June 1693. not exceeding in the whole 60000 l. shall be applyed to the payment of the Wages due to the Servants of the late King Charles II. which were his Servants at the time of his decease to be paid them within three years from the 24th day of Dec. 1689. by three equal payments and in such manner and proportion and to such of them as his Majesty shall direct and the residue of the Mony arising by the said Act and the Mony arising by two other Acts of the said first year of the said late King James the one entituled An Act for granting his Majesty an imposition upon all Wines and Vinegar imported between the 24th day of June 1685. and the 24th of June 1693. and the other An Act for granting an aid to his Majesty by an imposition on all French Linnens and all East-India Linnen and several other Manufactures of India and on all French wrought Silks and Stuffs and on all other wrought Silks and on all Brandies imported after the first day of July 1685. and before the first day of July 1690. and by one other Act of this Parliament Entituled An Act for an additional Duty of Excise upon Beer Ale and other Liquors shall be applied from the 29th of September 1689. during the continuance of the said Acts in the first place towards the payment of 600000 l. to the States of the United Provinces for their assistance to his Majesty in coming into this Nation in such manner as his Majesty shall direct and the residue towards the subduing the Rebellion of Ireland and other Charges of the War against France V. Accounts of the said Monies to be kept apart from other Monies payable to their Majesties that such as the States of the United Provinces shall appoint and other persons concerned may see how the said additional Duty and other Impositions are from time to time paid into the Exchequer VI. No Mony shall be paid to any of the late King Charles II's Servants but to such as before the first day of February next shall have taken the Oaths and made and subscribed the Declaration mentioned in an Act of this present Parliament Entituled An Act for abrogating the Oaths of Supremacy and Allegiance and appointing other Oaths at the General Quarter-Sessions of the County or Place where they reside and shall produce a Certificate thereof attested by the Clerk of the Peace VII Stat. 1 W. M. Sess 2. cap. 3. An Act for preventing all Doubts and Questions concerning the collecting the publick Revenue Exp. Rights and Liberties I. Stat. 1 W. M. Sess 2. cap. 2. Whereas the Lords Spiritual and Temporal and Commons assembled at Westminster lawfully fully and freely representing all the Estates of the People of this Realm did upon the thirteenth day of February in the year of our Lord one thousand six hundred eighty eight present unto their Majesties then called and known by the Names and Stile of William and Mary Prince and Princess of Orange being present in their proper Persons a certain Declaration in Writing made by the said Lords and Commons in the Words following viz. Whereas the late King James II. by the assistance of divers evil Councellors Judges and Ministers employed by him did endeavour to subvert and extirpate the Protestant Religion and the Laws and Liberties of this Kingdom By assuming and exercising a Power of dispensing with and sus-spending of Laws and the Execution of Laws without consent of Parliament By committing and prosecuting divers worthy Prelates for humbly petitioning to be excused from concurring to the said assumed Power By issuing and causing to be executed a Commission under the Great Seal for erecting a Court called The Court of Commissioners for Ecclesiastical Causes By levying Mony for and to the use of the Crown by pretence of Prerogative for other time and in other manner than the same was granted by Parliament By raising and keeping a standing Army within this Kingdom in time of Peace without consent of Parliament and quartering Souldiers contrary to Law By causing several good Subjects being Protestants to be disarmed at the same time when Papists were both armed and employed contrary to Law By violating the freedom of Election of Members to serve in Parliament By
prosecutions in the Court of Kings Bench for Matters and Causes cognizable only in Parliament and by divers other arbitrary and illegal Courses And whereas of late years partial corrupt and unqualified Persons have been returned and served on Juries in Trials and particularly divers Jurors in Trials for High-Treason which were not Freeholders And excessive Bail hath been required of Persons committed in criminal Cases to elude the benefit of the Laws made for the Liberty of the Subjects And excessive Fines have been imposed And illegal and cruel Punishments inflicted And several Grants and Promises made of Fines and Forfeitures before any Conviction or Judgment against the Persons upon whom the same were to be levied All which are utterly and directly contrary to the known Laws and Statutes and Freedom of this Realm And whereas the said late King James II. having abdicated the Government and the Throne being thereby vacant His Highness the Prince of Orange whom it hath pleased Almighty God to make the Glorious Instrument of delivering this Kingdom from Popery and Arbitrary Power did by the Advice of the Lord Spiritual and Temporal and divers Principal Persons of the Commons cause Letters to be written to the Lords Spiritual and Temporal being Protestants and other Letters to the several Counties Cities Universities Boroughs and Cinque-Ports for the choosing of such Persons to represent them as were of Right to be sent to Parliament to meet and sit at Westminster upon the two and twentieth day of January in this year one thousand six hundred eighty and eight in order to such an establishment as that their Religion Laws and Liberties might not again be in danger of being subverted upon which Letters Elections having been accordingly made And thereupon the said Lords Spiritual and Temporal and Commons pursuant to their respective Letters and Elections being now assembled in a full and free representative of this Nation taking into their most serious consideration the best means for attaining the ends aforesaid do in the first place as their Ancestors in like case have usually done for the vindicating and asserting their ancient Rights and Liberties declare That the pretended Power of suspending of Laws or the Execution of Laws by Regal Authority without consent of Parliament is illegal That the pretended Power of dispensing with Laws or the Execution of Laws by Regal Authority as it hath been assumed and exercised of late is illegal That the Commission for erecting the late Court of Commissioners for Ecclesiastical Causes and all other Commissions and Courts of like nature are illegal and pernicious That levying Mony for or to the use of the Crown by pretence of Prerogative without grant of Parliament for longer time or in other manner than the same is or shall be granted is illegal That it is the Right of the Subjects to petition to the King and all Commitments and Prosecutions for such petitioning are illegal That the raising or keeping a standing Army within the Kingdom in time of Peace unless it be with consent of Parliament is against Law That the Subjects which are Protestants may have Arms for their Defence suitable to their conditions and as allowed by Law That Election of Members of Parliament ought to be free That the freedom of Speech and Debates or Proceedings in Parliament ought not to be impeached or questioned in any Court or Place out of Parliament That excessive Bail ought not to be required nor excessive Fines imposed nor cruel and unusal Punishments inflicted That Jurors ought to be duly impannelled and returned and Jurors which pass upon Men in Trials for High-Treason ought to be Freeholders That all Grants and Promises of Fines and Forfeitures of particular Persons before Conviction are illegal and void And that for redress of all Grievances and for the amending strengthening and preserving of the Laws Parliaments ought to be held frequently And they do claim demand and insist upon all and singular the Premisses as their undoubted Rights and Liberties And that no Declarations Judgments Doings or Proceedings to the prejudice of the People in any of the said Premisses ought in any wise to be drawn hereafter into Consequence or Example To which demand of their Rights they are particularly encouraged by the Declaration of his Highness the Prince of Orange as being the only means for obtaining a full redress and remedy therein Having therefore an intire Confidence That his said Highness the Prince of Orange will perfect the Deliverance so far advanced by him and will still preserve them from the Violation of their Rights which they have here asserted and from all other Attempts upon their Religion Rights and Liberties The said Lords Spiritual and Temporal and Commons assembled at Westminster do resolve That William and Mary Prince and Princess of Orange be and be declared King and Queen of England France and Ireland and the Dominions thereunto belonging to hold the Crown and Royal Dignity of the said Kingdoms and Dominions to them the said Prince and Princess during their Lives and the Life of the Survivor of them And that the sole and full Exercise of the Regal Power be only in and executed by the said Prince of Orange in the Names of the said Prince and Princess during their joynt Lives and after their deceases the said Crown and Royal Dignity of the said Kingdoms and Dominions to be to the Heirs of the Body of the said Princess And for default of such Issue to the Princess Anne of Denmark and the Heirs of her Body and for default of such Issue to the Heirs of the Body of the said Prince of Orange And the Lords Spiritual and Temporal and Commons do pray the said Prince and Princess to accept the same accordingly And that the Oaths hereafter-mentioned be taken by all Persons of whom the Oaths of Allegiance and Supremacy might be required by Law instead of them and that the said Oaths of Allegiance and Supremacy be abrogated I A. B. do sincerely promise and swear That I will be Faithful and bear true Allegiance to their Majesties King WILLIAM and Queen MARY So help me God I A. B. do swear That I do from my Heart Abhor Detest and Abjure as Impious and Heretical this damnable Doctrin and Position That Princes excommunicated or deprived by the Pope or any Authority of the See of Rome may be deposed or murdered by their Subjects or any other whatsoever And I do declare That no Foreign Prince Person Prelate State or Potentate hath or ought to have any Iurisdiction Power Superiority Pre-eminence or Authority Ecclesiastical or Spiritual within this Realm So help me God Upon which their said Majesties did accept the Crown and Royal Dignity of the Kingdoms of England France and Ireland and the Dominions thereunto belonging according to the resolution and desire of the said Lords and Commons contained in the said Declaration And thereupon their Majesties were pleased That the said Lords Spiritual and Temporal and Commons being the two Houses of Parliament should continue to sit and with their Majesties Royal Concurrence make effectual Provision for the Settlement of the Religion Laws and Liberties of this Kingdom so that the same for the future might not be in danger again of being subverted to
which the said Lords Spiritual and Temporal and Commons did agree and proceed to act accordingly Now in pursuance of the Premisses the said Lords Spiritual and Temporal and Commons in Parliament assembled for the ratifying confirming and establishing the said Declaration and the Articles Cla●ses Matters and Things therein contained by the force of a Law made in due form by Authority of Parliament do pray that it may be declared and enacted That all and singular the Rights and Liberties asserted and claimed in the said Declaration are the true ancient and indubitable Rights and Liberties of the People of this Kingdom and so shall be esteemed allowed adjudged deemed and taken to be and that all and every the particulars aforesaid shall be firmly and strictly holden and observed as they are expressed in the said Declaration and all Officers and Ministers whatsoever shall serve their Majesties and their Successors according to the same in all Times to come And the said Lords Spiritual and Temporal and Commons seriously considering how it hath pleased Almighty God in his marvellous Providence and merciful Goodness to this Nation to provide and preserve their said Majesties Royal Persons most happily to Reign over us upon the Throne of their Ancestors for which they render unto him from the bottom of their Hearts their humblest Thanks and Praises do truly firmly assuredly and in the sincerity of their Hearts think and do hereby recognize acknowledge and declare That King James II. having abdicated the Government and their Majesties having accepted the Crown and Royal Dignity as aforesaid their said Majesties did become were are and of Right ought to be by the Laws of this Realm our Soveraign Liege Lord and Lady King and Queen of England France and Ireland and the Dominions thereunto belonging in and to whose Princely Persons the Royal State Crown and Dignity of the said Realms with all Honours Stiles Titles Regalities Prerogatives Powers Jurisdictions and Authorities to the same belonging and appertaining are most fully rightfully and intirely invested and incorporated united and annexed And for preventing all Questions and Divisions in this Realm by reason of any pretended Titles to the Crown and for preserving a certainty in the Succession thereof in and upon which the Unity Peace Tranquility and Safety of this Nation doth under God wholly consist and depend The said Lords Spiritual and Temporal and Commons do beseech their Majesties that it may be enacted established and declared That the Crown and Regal Government of the said Kingdoms and Dominions with all and singular the Premisses thereunto belonging and appertaining shall be and continue to their said Majesties and the Survivor of them during their Lives and the Life of the Survivor of them and that the entire perfect and full exercise of the Regal Power and Government be only in and executed by his Majesty in the Names of both their Majesties during their joynt Lives and after their deceases the said Crown and Premisses shall be and remain to the Heirs of the Body of her Majesty and for default of such Issue to Her Royal Highness the Princess ANNE of Denmark and the Heirs of her Body and for default of such Issue to the Heirs of the Body of his said Majesty and thereunto the said Lords Spiritual and Temporal and Commons do in the Name of all the People aforesaid most humbly and faithfully submit themselves their Heirs and Posterities for ever and do faithfully promise That they will stand to maintain and defend their said Majesties and also the Limitation and Succession of the Crown herein specified and contained to the utmost of their Powers with their Lives and Estates against all Persons whatsoever that shall attempt any thing to the contrary And whereas it hath been found by Experience that it is inconsistent with the safety and welfare of this Protestant Kingdom to be governed by a Popish Prince or by any King or Queen marrying a Papist the said Lords Spiritual and Temporal and Commons do farther pray that it may be enacted That all and every Person and Persons that is are or shall be reconciled to or shall hold Communion with the See or Church of Rome or shall Profess the Popish Religion or shall Marry a Papist shall be excluded and be for ever uncapable to inherit possess or enjoy the Crown and Government of this Realm and Ireland and the Dominions thereunto belonging or any part of the same or to have use or exercise any Regal Power Authority or Jurisdiction within the same and in all and every such Case or Cases the People of these Realms shall be and are hereby absolved of their Allegiance and the said Crown and Government shall from time to time descend to and be enjoyed by such Person or Persons being Protestants as should have inherited and enjoyed the same in case the said Person or Persons so reconciled holding Communion or Professing or Marrying as aforesaid were naturally dead And that every King and Queen of this Realm who at any time hereafter shall come to and succeed in the Imperial Crown of this Kingdom shall on the first day of the meeting of the first Parliament next after His or Her coming to the Crown sitting in His or Her Throne in the House of Peers in the presence of the Lords and Commons therein assembled or at His or Her Coronation before such Person or Persons who shall administer the Coronation Oath to Him or Her at the time of His or Her taking the said Oath which shall first happen make subscribe and audibly repeat the Declaration mentioned in the Statute made in the thirteenth year of the Reign of King Charles II. Entituled An Act for the more effectual preserving the Kings Person and Government by disabling Papists from sitting in either House of Parliament But if it shall happen that if such King or Queen upon His or Her Succession to the Crown of this Realm shall be under the Age of twelve years then every such King or Queen shall make subscribe and audibly repeat the said Declaration at His or Her Coronation or the first day of the meeting of the first Parliament as aforesaid which shall first happen after such King or Queen shall have attained the said age of twelve years All which their Majesties are contented and pleased shall be declared enacted and established by Authority of this present Parliament and shall stand remain and be the Law of this Realm for ever and the same are by their said Majesties by and with the advice and consent of the Lords Spiritual and Temporal and Commons in Parliament assembled and by the Authority of the same declared enacted and established accordingly And be it
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