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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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Exchequer and their Sureties and all Recognizances and Conditions for the payment of Mony XXV This Act shall not discharge any Recognizance c. not yet forfeited nor any forfeited Recognizanc c. whereof the Farmers of the Excise or any part of the Revenue ought to receive benefit nor any Debt due by Recognizance c. to any Persons endebted to their Majesties which hath been seiz'd in Aid nor any Debt whereupon any enstalment or seizure hath been made upon which any thing is or since the 25th of March hath been answered and paid nor to discharge any Forfeitures or Sums of Mony due to their Majesties by any Statute which Forfeitures c. since the said 25th of March are converted into the nature of a Debt or have been install'd or any seizure made for them upon which any thing has been paid since the said 25th of March. XXVI But all Recognizances c. forfeited since the said 25th of March for non-payment in any Court or other place or not keeping the Peace or not being of the Good Behaviour are discharged except Recognizances granted to or in trust for the Lord Almoner XXVII And except all Issues Fines and Amerciaments lost or assessed since the said 25th day of March being totted or received by any Officer before the last day of this Session of Parliament and all Issues c. lost or assess'd since the said 25th day of March affeered taxed estreated or entred severally touching any one or more Persons joyntly or severally above 6 l. and except Issues Fines c. set in any Court of Record at Westminster within a year before the first day of this Parliament XXVIII But all other Fines as well pro lic concord as others set or entred before that time and Issues and Amerciaments as well real as others set or entred before the time aforesaid and which do not exceed 6 l. whether estreated or not estreated whether turn'd into Debt or not and not being totted or received by any Officer before the first day of this Parliament shall be discharged yet nevertheless the estreats of such Fines c. already estreated out of the Exchequer and remaining in the Sheriffs Hands shall upon the return of such Estreats be charged and delivered by Scrowes into the Pipe-Office as hath been accustomed and yet Sheriffs and other Accountants upon Petition to have allowance for such Fines c. as are pardoned shall have their Petition allowed without Fee XXIX This Act shall not pardon any who by Name are excepted out of the Act of Oblivion made 12 Car. 2. nor to those two Persons who appeared in Vizors upon the Scaffold when King Charles I. was murther'd XXX Nor shall this Act restore any Ability to exercise Offices or to serve in Parliament c. to persons disabled by any other Laws XXXI Nor shall this Act discharge any person who if he after the first day of September 1660. has exercised any Office is by the said Act of 12 Car. 2. to stand as if excepted out of the said Act by Name XXXII And except all persons attainted by Act of Parliament or otherwise for any Rebellion levying of War or any Conspiracy thereof in any of their Majesties Dominions and all persons attainted or outlawed for any other Treason Petit Treason Murder wilful Poysoning or Burglary XXXIII And except all persons who by any former Act are by Name made liable to any penalties whatsoever XXXIV And except persons who after conviction or attainder for any Felony have desired to be transported XXXV And except persons who being excepted out of the said general Act of 12 Car. 2. have had any pains or penalties imposed on them by any subsequent Act. XXXVI And except all penalties of 500 l. which shall by any Act of this Session be inflicted for holding Offices contrary to an Act of Parliament made in the 25th of King Charles II. Entituled An Act for preventing Dangers which may happen from Popish Recusants XXXVII And except William Marquiss of Powis Theophilus Earl of Huntington Robert Earl of Sunderland John Earl of Melfort Roger Earl of Castlemain the Lord Thomas Howard Nathaniel Lord Bishop of Durham Thomas Lord Bishop of St. Davids Henry Lord Dover William Molineux Sir Edward Hales Sir Edward Herbert Sir Francis Wythens Sir Richard Holloway Sir Edward Lutwich Sir Richard Heath Sir Thomas Jenner Sir Roger l'Estrange Sir Nicholas Butler Edward Petre Thomas Tindesley Townly Rowland Tempest Edward Morgan Obadiah Walker Robert Brent Richard Graham Philip Burton Robert Lundy Matthew Crone and George Lord Jefferies deceased XXXVIII And also except all Offences committed by Jesuits and Romish Priests contrary to the Statute made in the 27th year of Queen Elizabeth Entituled An Act against Jesuits Seminary Priests and other disobedient Persons and except all Convictions of Popish Recusants XXXIX No Process of Outlawry at the Suit of any person Plaintiff shall by virtue of this Act be stay'd unless the Defendant appear and put in Bail where the Law requires it and take out a Seirs Fac Nor shall this Pardon discharge any Outlawry after Judgment till satisfaction or agreement with the party XL. Persons hereby pardoned may plead the Ceneral Issue and give this Act in Evidence XLI This Act shall be of as good force to pardon and discharge the Premisses against such as claim the same by any Grant from the Crown as against their Majesties themselves XLII Nothing in this Act shall discharge any person from abetting or procuring the raising War or Rebellion against their Majesties or adhering to their Enemies since the 13th day of February 1688. unless such person shall before the 20th day of July next or sooner if required take this Oath in such Court as shall have power to administer the same viz. I A. B. do sincerely promise and swear That I will be faithful and bear true Allegiance to their Majesties King William and Queen Mary So help me God Parliament I. Stat. 1 W. M. Sess 1. cap. 1. The Lords Spiritual and Temporal and Commons conven'd at Westminster the 22th day of January 1688. and there sitting on the 13th day of February following are the two Houses of Parliament to all intents and purposes notwithstanding the want of any Writs of Summons or other defect of Form and this Act and all other Acts to which the Royal Assent shall be given before the next Prorogation shall be adjudged to commence upon the said 13th day of February II. The Act made in the 30th year of King Charles II. Entituled An Act for the more effectual preserving the Kings Person and Government by disabling of Papists from sitting in either House of Parliament and all other Acts of Parliament as to so much of them as concerns the taking the Oaths of Allegiance and Supremacy or either of them by any Member of either House of Parliament with relation to their sitting and voting there are hereby repealed III. And the taking the Oaths herein after
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