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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
French Kings Dominions in Europe into England during the said War without leave obtain'd they shall be kept in Prison without Bail or Mainprize during their Majesties pleasure for any time not exceeding twelve months Tythes I. Stat. 3 4 W. M. cap. 3. All Persons that shall sow or cause to be sown any Hemp or Flax shall pay to every Parson Vicar or Impropriator of the Parish or Place for every Acre so sown pulled or drawn an annual Sum not exceeding 4 s. before it be carried off the Ground and so proportionably for the recovery of which such Parson c. shall have the common and usual Remedy II. This Act shall not charge any Lands discharged by any modus d●cimandi ancient Composition or otherwise III. This Law to continue for seven years and to the end of the then next Session of Parliament Wills I. Stat. 4 5 W. M. cap. 2. From and after the 26th day of March 1693. Persons inhabiting or who shall have any Goods within the Province of York may by their last Wills dispose of all their Personal Estate as they shall think fit and their Widows Children and other Kindred shall be barred to claim any part of the Personal Estate in other manner than as by their Wills shall be appointed II. This Act shall not extend to the Citizens of the Cities of York and Chester who are or shall be Freemen of the said Cities inhabiting within the same or the Suburbs thereof at the time of their death Wool I. Stat. 1 W. M Sess 1. cap. 32. Owners of Wool or their Agents that shall at any time carry or cause to be carried any Wool to any Port or Place on the Sea-Coasts to be conveyed to any other Port or Place in England Wales or Berwick from whence the same may be transported into Foreign Parts shall first cause a due entry thereof to be made at the Port from whence it shall be intended to be conveyed containing the Weights Marks and Numbers thereof before they carry it within five miles of any such Port or Place or else such Wool found and the Beasts and Carriages conveying it shall be forfeited and the Persons conveying driving or abetting the same shall forfeit and suffer as by the Laws and Statutes now in force against the exportation of Wool II. The forgoing Clause shall not extend to hinder any Person from carrying their Wool from the place of Shearing to their own Dwelling-house c. though within five miles of the Sea so as within ten days after Shearing and before they otherwise dispose of the same they certifie under their Hands to the Officers of the Customs in the next Port the quantity thereof viz. the number of the Fleeces and where housed and do not remove the same without first certifying the Officer of the next Port under their Hands of their intention to remove it three days at least before such removal the said Officers to keep and register such Certificate but Persons neglecting to certifie as aforesaid or removing their Wool before such Certificate of their intention shall be liable to the Penalties of the former Clauses III. Cocquets for carrying Wool from any Port in England Wales or Berwick shall be written upon Paper and sign'd by three Chief Officers of such Port at least and Certificates of landing them again at any other of the said Ports or from Ireland shall be so sign'd and all such Wool both at shipping and landing shall be weigh'd in the presence of the said Officers giving such Cocquets and Certificates and the Weight Marks and Numbers of such Wool shipped and landed shall be expressed in both Cocquet and Certificate IV. Officers not observing the Directions of this Act shall be adjudged Abettors of the Transportation and suffer the Penalties contain'd in the Statutes of the 12th and 14th years of King Charles II. against Transportation of Wool V. No Wool shall be shipt from Ireland but from Dublin Waterford Youghall Kinsale Cork and Drogheda nor imported from thence but into Leverpool Chester Bristol Minehead Barnstaple Bidford and Exeter VI. For the better execution of this and other Acts against the Exportation of Wool Sir Tho. P. Lord Mayor of London Sir H. G. Baronet Sir P. W. Kt. Sir B. N. Kt. Sir J. M. Kt. Sir P.R. Kt. Sir R.D. Sir W.P. Kt. and Bar. Sir H.A. Bar. Sir W.A. Kt. Sir R. N. Sir J. F. W. H. J. S. J. S. F. O. J. P. R. B. W. C. E. M. Esquires S. H. W. H. Senior J. P. J. V. J. G. B. C. Gentlemen Mr. M. of Horton Sir T. S. Bar. W. D. Esq J. A. of Woley Esq Sir W. L. Sir J. P. Kt. Sir B. A. Bar. Sir R. J. Kt. Sir J. L. Kt. Sir G. R. Kt. Sir S. D. Kt. Sir T. V. Kt. N. T. W.H. T.C. W.G. H.S. S.M. J.S. T.F. A.M. W.C. T.H. T.S. W. J. Esquires P. S. H. C. J. D. R. S. D. P. T. C. P. B. J. P. R. H. J. B. J. H. E. B. N. B. W. S. B. J. D. J. A. J. T. T. P. P. H. N. J. P. M. F. W. S. J. K. Senior J. M. Junior W.W. J.Y. R. F. J.L. T. P. W.B. J.U. J. S. J.M. or any five or more of them are hereby authorized for putting this and other the said Laws in execution and by their Substitutes to be appointed under the Hands and Seals of five or more of them to seize all Wools Woolfels and other Things above-mentioned which shall be endeavoured to be exported contrary to this Act and to prosecute Offenders against this or any the said Laws VII Owners of Ships Masters or Mariners knowing of the Exportation of any Sheeps-wool Wool-fells Mortlings Shorlings Yarn made of Wool Wool-flocks Fullers-earth or Tobacco-pipe Clay contrary to the meaning of this Act that shall within three months after their knowledge thereof or after their return into England Ireland Wales or Berwick give the first Information thereof and by whom where and in what Vessel upon Oath before any of the Barons of the Exchequer in England or Ireland or any three of the Commissioners appointed by this Act or the Head-Officer of the Port where they shall first arrive and shall be ready to justifie and prove the same shall not be subject to the Penalties of this or any other Act for the said Offence but shall recover and receive such benefit and advantages as are appointed by any precedent Act. VIII The Powers given to the said Commissioners shall not hinder any Persons lawfully authorized from seizing Wool or prosecuting Offenders against this or any former Act. IX If any Prosecution shall be against any Person for what he shall do in pursuance of this Act he may file a Common Bail or enter into a Common Appearance and plead the General Issue and give this Act in Evidence and if the Plaintiff be non-suit or discontinue or a Verdict pass against him or Judgment upon a Demurrer the Defendant shall recover
Person of the Age of sixteen years or upwards and being now withing this Realm who hath not taken the Oaths mentioned and upon Summons under the Hand and Seal of any two or more of the said Commissioners appointed by the first above-mentioned Act shall refuse to take the said Oaths at the time appointed in such Warrant or shall neglect to appear at such times before the Commissioners in order to take the said Oaths shall doubly be assessed the Rates above-mentioned XXVI Gentlemen to be taxed by a former Act and not paying the Penalty Every Gentleman or so reputed or owning or writing himself such or being above that Quality who by virtue of an Act made in the third year of their Majesties Reign Entituled An Act for raising Mony by a Poll payable quarterly for one year for carrying on a vigorous War against France did pay or ought to have paid double the Sums charged by the said Act or were or ought to have been returned into the Exchequer for non-payment thereof who shall not voluntarily appear before the said Commissioners or any two or more of them within ten days after the first Meeting of the said Commissioners and take the said Oaths appointed by the said Act made the first year of their Majesties Reign shall be doubly assessed as above XXVII Quakers to subscribe the Declaration Provided nevertheless that whereas certain Persons called Quakers and now known to be such do scruple the taking of any Oath It shall be sufficient for every such Person to subscribe the Declaration of Fidelity contained in an Act of Parliament held in the first year of their Majesties Reign Entituled An Act for exempting their Majesties Protestant Subjects dissenting from the Church of England from the Penalties of certain Laws and every Person so doing shall not be chargeable with any of the double Rates aforesaid XXVIII Lands to be above 20 s per ann No Person shall be liable to the Pound-rate imposed by this Act upon Lands Tenements or Hereditaments whose Lands Tenements or Hereditaments are not of the yearly value of 20 s. in the whole XXIX Master of the Rolls c. where to be charged The Master of the Rolls Masters in Chancery Six Clerks Clerks of the Petty Bag Examiners Registers Clerks of the Inrolment Clerks of the Affidavits and Subpoena Office or any other the Officers of the High-Court of Chancery that execute their Offices in the Liberty of the Rolls are to be assessed there and not elsewhere XXX Penalty of Collectors detaining Mony If any Collector shall keep in his Hands any part of the Mony by him collected for any longer time than by this Act directed or pay any part thereof to any other Person than the Head-Collector or Receiver-General of such place every such Collector shall forfeit 10 l. And if any Head-Collector shall detain in his Hands or pay any Mony to any other than the Receiver-General of such Place every such Head-Collector shall forfeit 40 l. And if any Receiver-General or his Deputy shall pay such Monies or any part thereof paid to him by this Act to any Person whatsoever other than the Receipt of their Majesties Exchequer within the times limited by this Act such Receiver General or his Deputy shall forfeit the Sum of 1000 l. XXXI Changing Abode after Assessment If after Assessments on personal Estates according to this Act any Person shall remove to any place where such Person was not taxed the Commissioners acting within such place are hereby impowred to summon such Person before them and unless he or she shall produce a Certificate made according to the Directions of this Act whereby it may appear that he or she have paid all their precedent quarterly Payments the said Commissioners are hereby required to cause such Persons to be assessed for such quarterly Payments as remain unassessed to be assessed and paid according to the true intent of this Act. XXXII The King may borrow upon this Act at 7 l. per Cent. It shall and may be lawful for any Person Native or Foreigner Bodies Politick or Corporate to lend to their Majesties upon the security of this Act any Sums of Mony and to receive for the forbearance thereof any Sum not exceeding 7 l. per Cent. for one whole year and that no Mony so lent shall be rated by virtue of this Act. XXXIII No Rector or Vicar chargeable except above 30 l. per Ann. No Rector or Vicar who has the Cure of Souls and actually resides upon his Rectory or Vicaridge upon the account of such his Rectory and Vicaridge only shall be charged by this Act unless his Rectory or Vicaridge does really and truly exceed the value of 30 l. per annum or unless he hath more than one Rectory or Vicaridge Additional Supply for 118506 l. 5 s. 10 d. I. Stat. 5 W. M. Sess 5. cap. 5. That it shall and may be lawful for any Persons Natives or Foreigners to contribute towards the advancing the Sum of 118506 l. 5 s. 10 d. to make up the whole Sum of 1000000 l. granted to their Majesties by an Act made this present Parliament intended to be advanced by paying into their Majesties Exchequer at any time before the first day of May 1694. any Sum or Sums of Mony not exceeding in the whole the Sum of 118506 l. 5 s. 10 d. as followeth viz. That every Person out of the Rates and Duties of Excise granted by the said Act of 1000000 l. 14 l. per Cent. for own Life or Nominees shall have and receive for every Sum of 100 l. by them respectively advanced and paid a quarterly Annuity Rent or Payment of 14 l. and proportionably for a greater Sum for and during the life of such Person so advancing or paying the same or during any other life to be nominated by the Person advancing or paying any such Sum as aforesaid Within what time to be nominated the same to be nominated within six days after payment of such Sum which yearly Annuities Rents or Payments shall commence from the 24th of June next ensuing and shall be paid and payable at the four most usual Feasts of the year viz. The Annuntiation of the Blessed Virgin Mary the Nativity of St. John Baptist the Feast of St. Michael the Archangel and the Feast of the Birth of our Lord Christ and every Person on payment of such Sum or Sums as aforesaid Tallies to be given on receipt of the Monies and Orders thereon which may be transferred or assigned and not to be revoked shall immediately have one or more Tally or Tallies importing the receipt of the Consideration Mony and Orders for the Payment of the said Annuities bearing the same date with the Tally the said Tallies to be levied and the said Orders to be signed in the same manner as in the said Act is mentioned touching Tallies and Orders to be given to the Contributors for