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A39423 At the court at White-hall, January the seventeenth, 1678/9, present the Kings Most Excellent Majesty ... there having been lately presented by the justices of the peace ... England and Wales. Sovereign (1660-1685 : Charles II); Charles II, King of England, 1630-1685.; England and Wales. Privy Council. 1678 (1678) Wing E820; ESTC R39425 1,203 1

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At the Court at Whitehall January the Seventeenth 1678 9. Present The Kings most Excellent Majesty His Highness Prince Rupert Lord Chancellor Lord Treasurer Lord Privy Seal Duke of Monmouth Lord Chamberlain Earl of Oxford Earl of Salisbury Earl of Bridgwater Earl of Peterborow Earl of Sunderland Earl of Clarendon Earl of Bathe Earl of Craven Earl of Ailesbury Earl of Carbery Lord Viscount Fauconberg Lord Bishop of London Lord Bishop of Durham Lord Berkeley Lord Maynard Mr. Secretary Coventry Mr. Secretary Williamson Mr. Chancellor of the Exchequer Master of the Ordnance Mr. Speaker THere having been lately presented by the Iustices of the Peace Sir Queries to His Majesty in Council viz. I. WHether Foreigners Popish Recusants that are and have long been here setled House-keepers and are Tradesmen viz. Chirurgeons Taylors Perriwig-makers or ordinary Shop-keepers following Imployments for their own advantage but not otherwise Merchants but are certified to be Merchant-Strangers shall be excused from taking the Oaths or finding Sureties or either of them II. Whether such Foreigner 〈…〉 ing C 〈…〉 d by Ambassadors or other Foreign Ministers to be their Servants at this time shall be ex●●●ed III. Whether Foreigners Popish Recusants setled here House-keepers but neither are Tradesmen Travellers or Foreign Ministers Servants shall be excused IV. Whether Native Subjects of Our Sovereign Lord that are Menial Servants of Foreign Ministers shall be excused V. Whether Married Women being Popish Recusants but their Husbands Protestants shall be excused VI. Whether Popish Recusants that have taken the Oaths found Sureties have appeared and are Convict shall find new Sureties or be continued over And his Majesty having from the Judges to whom the same were Referred received Answer in Writing in the words following May it please your Majesty We have met and Considered of the Questions proposed to Us and do hereby humbly return Our Opinions To the First We are of Opinion I. THat Foreigners being Popish Recusants and Exercising ordinary Trades but not Merchants are not excused from taking the Oaths or finding Securities II. To the Second That Foreigners though Certified by Ambassadors to be their Servants except they are their Menial Servants are not excused III. To the Third That Foreigners though setled House-keepers being no Travellers or Foreign Ministers Servants are not excused IV. To the Fourth That the Kings Native Subjects are not excused from taking the Oaths by being Menial Servants to Foreign Ministers V. To the Fifth We find no Law that excuses a Feme Covert being a Papist from taking the Oaths though her Husband be a Protestant VI. To the Sixth That a Popish Recusant having taken the Oaths is not bound to find new Sureties unless upon a new tender of the Oaths he shall refuse to take them All which with great Humility we submit to Your Majesties Judgment Will. Scroggs Fra. North W. Mountagu W. VVylde Tim. Littleton Hugh VVyndham Robert Atkyns V. Bertie Fr. Bramston Tho. Jones VV. Dolben HIs Majesty is Graciously pleased to Approve the said Report and Opinion of His Iudges and did this day Order as it is hereby Ordered accordingly That the Iustices of the Peace in their respective Precincts do in Execution of their Duties touching the Particulars there mentioned take notice of the same and conform themselves thereunto And this Order is to be sent to the Custos Rotulorum of each County that he may give Information of the same ROBERT SOUTHWELL LONDON Printed by John Bill Christopher Barker Thomas Newcomb and Henry Hills Printers to the Kings most Excellent Majesty 1678 9.