farther declared and enacted by the Authority aforesaid That from and after this present Session of Parliament no dispensation by Non obstante of or to any Statute or any part thereof shall be allowed but that the same shall be held void and of no effect except a Dispensation be allowed of in such Statute and except in such Cases as shall be specially provided for by one or more Bill or Bills to be passed during this present Session of Parliament Provided that no Charter or Grant or Pardon granted before the three and twentieth day of October in the year of our Lord one thousand six hundred eighty nine shall be any ways impeached or invalidated by this Act but that the same shall be and remain of the same force and effect in Law and no other than as if this Act had never been made Silk I. STat. 2 W. M. Sess 1. cap. 9. The throwing of Silk is not a Manufacture within the Intention of the Act of 12 Car. 2. for encouraging and encreasing of Shipping and Navigation And no thrown Silk of the product of Turkey Persia East-India or China or any other Place except of the production of Italy Sicily or Naples and imported in Vessels navigated as the said Act directs and brought from some Port of the Countries of which they are the production and which shall come directly by Sea shall after the 25th of May 1690. be imported into England Wales Jersey or Guernesey or the Town of Berwick on pain to forfeit the same one moiety to their Majesties and the other to the Informer II. Yet this Act shall not extend to any thrown Silk of the production of Italy Sicily or Naples that shall be imported otherwise than by this Act is directed before the first day of September 1690. and which shall be proved by Oath of the Owner or his Agent to have provided and bought by his Order from England in some part of Italy Sicily or Naples before the first day of June 1690. which Oath any two Commissioners of the Customs may administer III. And no thrown Silk laden in India Persia or China to be imported hither on or before the 20th day of September 1690. shall be liable to any Forfeiture by virtue of this Act. Symony I. Stat. 1 W. M. Sess 1. cap. 16. After the Death of a Person Symoniacally promoted to any Benefice or Ecclesiastical Living the Offence or Contract of Symony shall neither by way of Title in Pleading or in Evidence to a Jury or otherwise be alledged or pleaded to the prejudice of any Patron innocent of Symony or of his Clerk upon pretence of Lapse or otherwise unless the Person symoniacally promoted or his Patron were convicted of such Offence at the Common Law or in some Ecclesiastical Court in the life-time of the Person symoniack II. No Leases really and bona fide made or to be made by any Person symoniacally promoted for good and valuable consideration to any Person not being privy to or having notice of such Symony shall be impeached or avoided by reason thereof Souldiers I. Stat. 1 W. M. Sess 1. cap. 5. An Act for punishing Officers or Souldiers who shall mutiny or desert their Majesties Service Exp. II. Stat. 1 W. M. Sess 2. cap. 4. An Act for punishing Officers or Souldiers who shall mutiny or desert their Majesties Service and for punishing false Musters Exp. III. Stat. 2 W. M. Sess 2. cap. 6. An Act for punishing Officers and Souldiers who shall mutiny or desert their Majesties Service and for punishing false Musters Exp. IV. Stat. 4 5 W. M. cap. 13. From and after the 10th day of March 1692. every Person being mustered in Pay as an Officer or Souldier in the Army who shall before the first of March 1693. cause or joyn in any Mutiny or Sedition in the Army or desert the Service shall suffer Death or such other punishment as a Court-Martial shall inflict or being a Souldier listed in any Regiment Troop or Company shall list himself in any other Regiment c. without a Discharge from his Officer shall suffer Death or such other Punishment as aforesaid V. Their Majesties or the General of their Army may grant Commissions to any Lieutenant-General or other Officers not under the Degree of a Field-Officer or Commander in Chief of a Garrison to call and assemble Courts-Martial No Court-Martial that shall have Power to inflict punishment as aforesaid to consist of fewer than thirteen whereof none to be under the Degree of a Commission Officer and the President not to be under the Degree of a Field-Officer or the Commander in Chief of the Garrison where the Offender shall be tried VI. No Field-Officer shall be tryed by any under the Degree of a Captain And such Courts-Martial shall have power to administer Oaths to Witnesses VII Nothing in this Act shall exempt any Officer or Souldier from the ordinary Process of Law nor shall extend to concern any the Militia Forces of this Kingdom VIII This Act to be in force till the first of March 1693. and no longer IX Every Officer present at Trials of Offences that may be punished by Death shall take this Oath viz. You shall well and truly try and determine according to your Evidence the Matter now before you between our Soveraign Lord and Lady the King and Queens Majesties and the Prisoner to be tryed So help you God No sentence of Death shall be given unless nine of the thirteen present concur And if there be a greater number present Judgment shall pass by the Concurrence of the greater part so sworn such greater part not being less than nine No Proceedings Trial or Sentence of Death shall be had or given but between the hours of eight in the Morning and one in the Afternoon X. If any shall make or procure to be made false Certificates to execute Souldiers for absence from any Muster or other Service they shall forfeit 50 l. and to be cashiered and disabled to hold any Military Imployment XI Officers making salse Musters and Commissaries Muster-Masters and other Officers allowing the Muster-Roll wherein such false Muster is contained or a duplicate thereof upon proof thereof by two Witnesses before a Court-Martial shall be cashiered and disabled to hold any Civil or Military-Office or Imployment and forfeit 100 l. XII Commissaries and Muster-Masters upon any Muster to be made shall by a convenient time before give notice to the Chief Magistrate of the place where the Souldiers shall be quartered who are required to be present at such Musters and assist in the discovery of any false Muster Commissaries and Muster-Masters neglecting to give such notice or refusing the assistance of such Chief Magistrate shall forfeit 50 l. and be discharged from his Office and no Muster-Roll shall be allowed not signed by such Chief Magistrate XIII If any Person shall be falsly mustered or offer himself so to be upon Oath thereof made before the
AN EXACT Abridgment Of all the STATUTES OF King WILLIAM AND Queen MARY Now in Force and Vse By J. Washington Esq LONDON Printed by the Assigns of the Kings Printers And by the Assigns of R. Atkins and E. Atkins Esquires And are to be sold by M. Gilliflower S. Keble D. Brown W. Rogers T. Goodwin A. Churchill and J. Walthoe 1694. THE TITLES Of all the STATUTES Contained in this ABRIDGMENT Now in Force and Vse 1. AN Act for removing and preventing all Questions and Disputes concerning the assembling and sitting of this present Parliament 2. An Act for reviving of Actions and Process lately depending in the Courts at Westminster and discontinued by the not holding of Hillary-Term and for supplying other Defects relating to Proceedings at Law 3. An Act for establishing the Coronation Oath 4. An Act for the abrogating of the Oaths of Supremacy and Allegiance and appointing other Oaths 5. An Act for the removing Papists and reputed Papists from the Cities of London and Westminster and ten Miles distance from the same 6. An Act for the taking away the Revenue arising by Hearth-Mony 7. An Act for the explaining and making effectual a Statute made in the first Year of King James II. concerning the Haven and Piers of Great Yarmouth 8. An Act for the encouraging the Exportation of Corn. 9. An Act for preventing Doubts and Questions concerning the collecting the Publick Revenue 10. An Act for the better securing the Government by disarming Papists and reputed Papists 11. An Act That the Simoniacal Promotion of one Person may not projudice another 12. An Act for rectifying a Mistake in a certain Act of this present Parliament For the amoving Papists from the Cities of London and Westminster 13. An Act for exempting their Majesties Protestant Subjects dissenting from the Church of England from the Penalties of certain Laws 14. An Act for enabling Lords Commissioners for the Great Seal to execute the Office of Lord Chancellor or Lord Keeper 15. An Act for the Exportation of Beer Ale Syder and Mum. 16. An Act for reviving two former Acts for exporting of Leather 17. An Act to regulate the Administration of the Oaths required to be taken by Commission or Warrant Officers employed in their Majesties Service by Land by virtue of an Act made this present Session of Parliament Entituled An Act for the abrogating of the Oaths of Supremacy and Allegiance and appointing other Oaths 18. An Act to vest in the two Universities the Presentations of Benefices belonging to Papists 19. An Act for taking away the Court holden before the President and Council of the Marches of Wales 20. An Act for appropriating certain Duties for paying the States General of the United Provinces their Charges for his Majesties Expedition into this Kingdom and for other Uses 21. An Act for Relief of the Protestant Irish Clergy 22. An Act to repeal the Statute made in the fifth Year of King Henry IV. against the multiplying of Gold and Silver 23. An Act for the better preventing the Exportation of Wooll and encouraging the Woollen Manufactures of this Kingdom 24. An Act for explaining part of an Act made in the first Year of King James I. concerning Tanned Leather 25. An Act for prohibiting all Trade and Commerce with France 26. An Act declaring the Rights and Liberties of the Subject and settling the Succession of the Crown 27. An Act for preventing all Doubts and Questions concerning the collecting the Publick Revenue 28. An Act for the charging and collecting the Duties upon Coffee Tea and Chocolate at the Custom-house 29. An Act for preventing venatious Suits against such as acted in order to the Bringing in their Majesties or for their Service 30. An Act for the better Security and Relief of their Majesties Protestant Subjects of Ireland 31. An Act for Recognizing King William and Queen Mary and for avoiding all Questions touching the Acts made in the Parliament assembled at Westminster the thirteenth day of February 1688. 32. An Act for granting to their Majesties for their Lives and the Life of the Survivor of Them certain Impositions upon Beer Ale and other Liquors 33. An Act for granting to their Majesties a Subsidy of Tunnage and Poundage and other Sums of Mony payable upon Merchandizes exported and imported 34. An Act for enabling the Sale of Goods distrained for Rent in case the Rent be not paid in a reasonable time 35. An Act for the Exercise of the Government by Her Majesty during his Majesty's Absence 36. An Act to declare the Right and Freedom of Election of Members to serve in Parliament for the Cinque Ports 37. An Act for reversing the Judgment in a Quo Warranto against the City of London and for restoring the City of London to its ancient Rights and Priviledges 38. An Act for the discouraging the Importation of Thrown-Silk 39. An Act for the King and Queens most Gracious General and Free Pardon 40. An Act concerning the Commissioners of the Admiralty 41. An Act for granting to their Majesties certain Impositions upon all East-India Goods and Manufactures and upon all Wrought Silks and several other Goods and Merchandize to be imported after the 25th day of December 1690. 42. An Act for the continuance of several former Acts therein mentioned for the laying several Duties upon Wines Vinegar and Tobacco 43. An Act for reviving a former Act for regulating the Measures and Prices of Coals 44. An Act for paving and cleansing the Streets in the Cities of London and Westminster and Suburbs and Liberties thereof and Out-Parishes in the County of Middlesex and in the Borough of Southwark and other Places within the Weekly Bills of Mortality in the County of Surry and for regulating the Markets therein mentioned 45. An Act for the encouraging the Distilling of Brandy and Spirits from Corn and for laying several Duties on Low-Wines or Spirits of the first Extraction 46. An Act for granting to their Majesties several additional Duties of excise upon Beer Ale and other Liquors for four Years from the time that an Act for doubling the Duty of Excise upon Beer Ale and other Liquors during the space of one Year doth expire 47. An Act for preventing vexatious Suits against such as acted for their Majesties Service in Defence of the Kingdom 48. An Act for the more effectual putting in Execution an Act Entituled An Act for prohibiting all Trade and Commerce with France 49. An Act for Relief of poor Prisoners for Debt or Damages 50. An Act for abrogating the Oath of Supremacy in Ireland and appointing other Oaths 51. An Act for the better ascertaining the Tithes of Hemp and Flax. 52. An Act for the Encouragement of the Breeding and Feeding of Cattle 53. An Act to take away Clergy from some Offenders and to bring others to punishment 54. An Act for the more effectual discovery and Punishment of Deer-stealers 55. An Act for the better explanation and supplying the Defects of the former Laws for the
Arrears thereof and of all Moneys then and before the determination of the said Power in the Hands of the Receiver General or Cashiers of the Customs Excise or Hearth-money and of the Sum of 412925 l. 14 s. 6 d. Granted by an Act of the First Session of the late Parliament Entituled An Act for the Granting a present Aid to Their Majesties and of the Money paid or payable by an Act Entituled An Act for raising Money by a Poll and otherwise towards the Reducing of Ireland and by one other Act Entituled An Act for preventing Doubts and Questions concerning the Collecting the Publick Revenue and by one other Act Entituled An Act for the Grant to Their Majesties of an Aid of 12 d. in the Pound for one Year for the necessary defence of the Realm and of one other Act Entituled An Act for an additional Duty of Excise upon Beer Ale and other Liquors and one other Act For Appropriating certain Duties for paying the States General of the United Provinces their Charges for His Majesties Expedition into the Kingdom and for other Uses and of one other Act of the Second Session of the same Parliament Entituled An Act for preventing all Doubts and Questions concerning the Collecting the Publick Revenue and of one other Act Entituled An Act for a Grant to Their Majesties of an Aid of two Shillings in the Pound for One Year and of one other Act of the same Session Entituled An Act for a Grant to Their Majesties of an additional Aid of 12 d. in the Pound for One Year and of one Act Entituled An Act for Charging and Collecting the Duties upon Coffee Tea and Chocolate at the Custom-house and of one other Act Entituled An Ast for Review of the late Poll granted to Their Majesties and for an additional Poll towards the Reducing of Ireland and by one other Act Entituled An Act for Raising Money by a Poll and otherwise towards the Reducing of Ireland and Prosecuting the War against France and by one other Act Entituled An Act for Granting to Their Majesties for their Lives and the Life of the Survivor of them certain Impositions upon Beer Ale and other Liquors and one other Act Entituled An Act for Granting to Their Majesties a Subsidy of Tonnage and Poundage and other Sums of Money payable upon Merchandizes Exported and Imported and by one other of this Session Entituled An Act for Granting an Aid to Their Majesties of the Sum of 1651702 l. 18 s. and by one other Act Entituled An Act for doubling the Duty of Excise upon Beer Ale and other Liquors during the space of One Year and by one other Act Entituled An Act for Granting to Their Majesties certain Impositions upon all East-India Goods and Manufactures and upon all wrought Silks and several other Goods and Merchandize to be Imported after the 25th Day of December 1690. and by one other Act Entituled An Act for the continuance of several former Acts therein mentioned for the Laying several Duties upon Wines Vinegar and Tobacco and of all Prizes taken since the said Fifth Day of November and of Money paid for the same to any Person Authorised to receive it or otherwise and of all the Crown-Lands First-fruits and Tenths of the Clergy Wine-licences Fines Forfeitures and of all other Branches of the Revenue and all Publick Money whatsoever that hath arisen since the said Fifth Day of November or shall arise before the determination of the Power hereby Granted and how and by and to whom the same hath been disposed or paid and for taking Accounts of all Their Majesties Stores Provisions and Habiliments of War by Land and Sea and to set down what numbers of Ships Yachts or Boats were on the said Fifth Day of November or at any time since and what Sums of Money Provisions Victuals Sâ—oes c. have been provided or paid since the said Fifth Day of November or shall be provided and paid towards the Payment or Maintenance of the Land Forces in England or Ireland or elsewhere or their Forces by Sea and the numbers of them respectively and towards the Building Repairs or Setting out of any Ships or Navies since the said Fifth Day of November and before the determination of the Power aforesaid II. The Auditor of the Receipt in the Exchequer and the Clerk of the Pells there and all other the Officers of the Exchequer and the Receipt thereof the Secretary and Treasurer at War Muster-master and Pay-master of the Land Forces in England and Ireland all Principal Officers and Commissioners of the Navy and Ordnance all Officers and Keepers of Their Majesties Stores and Yards and all Persons employed as Commissioners in and about the Treasury or the Management Ordering Paying or Receiving of Their Majesties Treasure Revenue Provisions or Stores of War and all Persons whatsoever whom the said Commissioners or any Five of them shall think fit to Examine are hereby required to observe such Orders as they or any Five of them shall by writing under their Hands Direct and Ordain for and touching the taking of the said Accounts III. The said Commissioners to sit in the Inner Court of Wards at Westminster or where they think fit with or without Adjournment and to send their Precepts for Persons Books Papers and Records and to Administer an Oath for the better discovery of the Truth of the Inquiries by them to be made and all Bayliffs Constables Sheriffs and other Officers are hereby required to obey and execute their Precepts and the said Commissioners or any Five of them may Employ such Clerks Messengers and Officers as they think fit and give them an Oath for their faithful Demeanour which Clerks and Officers shall take nothing for their Service but such Salary as the Commissioners shall direct IV. Two of the said Commissioners first named in this Act before they enter upon the Execution thereof shall take an Oath before the Chancellour of the Exchequer or the Master of the Rolls in these words viz. I A. B. do Swear that according to the best of my Skill and Knowledge I shall Faithfully Impartially and Truly demean my self in Examining and Taking the Accounts of all such Sum or Sums of Money and other things brought or to be brought before me in Execution of one Act Entituled An Act for Appointing and Enabling Commissioners to Examine Take and State the Publick Accounts of the Kingdom according to the Tenour and Purport of the said Act. V. And every other of the said Commissioners shall take the said Oath before the said two Commissioners VI. The Lords Commissioners of the Treasury shall cause to be paid such Sums of Money not exceeding 2000 l. to such Persons as the said Commissioners or any Five of them shall direct to be employed in the Payment of Clerks Messengers and other Officers and in defraying other necessary Charges the same to be Accounted for by him to whom it is paid according to the course of the Exchequer and the
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-Pleas or any two of them whereof the Chief Justice to be one for the Court of 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
the Quorum shall set prices of Coals to be sold by Retail And if any Ingrosser or Retailer of Coals refuse to sell as aforesaid the Lord Mayor Aldermen and Justices of Peace respectively shall impower whom they think fit to enter into any place where such Coals are stored up and in case of refusal taking a Constable to force Entrance and to sell the said Coals at the prices set as aforesaid rendring the Money to the Owner Charges deducted This Act to continue for 3 years and to the end of the next Session of Parliament No person sued by virtue of this Act shall be sued upon any other for the same Offence and if any Action be prosecuted for any thing done by colour hereof the Defendant may plead the General Issue and give the Special Matter in Evidence and if the Verdict be found for him or the Plaintiff become Nonsuit he shall recover his Damages and double Costs No Person having any Interest in a Wharf used for Coals or Trading in Coals in his own or any others name or engrossing the same in order to sell them shall intermeddle in the setting the price of Coals Continuance I. Stat. 4. 5. W. M. cap. 24. Entituled An Act for Providing Carriages by Land and by Water for the use of His Majesties Navy and Ordnance shall be in force for Seven years from the 13th day of February 1692. and from thence to the end of the First Session of Parliament then next ensuing II. An Act Entitused An Act for encouraging of Coynage made in the 18th Year of King Charles 2. And another Act made in the 25th Year of the same King Entituled An Act for continuing a former Act concerning Coynage shall be in force from the 13th Day of February 1692 and to the end of the First Session of Parliament then next ensuing III. An Act made in the 2â—th and 23th Years of the Reign of the same King Entituled An Act for the better and more certain recovery of Fines and Forfeitures due to His Majesty shall be in force and is hereby made perpâ—tual IV. All Officers to whom it belongeth to make returns of Estreats into the Court of Exchequer shall upon the delivery in of all and every such Estreat and Estreats take this Oath viz. You shall Swear that these Estrates now by you delivered are trult and carefully made up and examined and that all Fines Issues Americaments Recognizances and Forfeitures which were Set Lost Imposed or Forfeited and in right and due course of Law ought to be estreated into the Court of Exchequer are to the best of your Knowledge and Understanding therein contained And that in the same Estreats are also contained and expressed all such Fines as have been paid into the Court from which the said Estreats are made without any wilful or fraudalent Discharge Omission Misnomer or Defect whatsoever So help you God Which Oath any of the Barons of the Exchequer shall Administer V. An Act made in the 22th and 23th Year of the same King Entituled An Act to prevent the Planting of Tobacco in England and for Regulating the Plantation Trade shall be in full force for Seven Years from the said 13th Day of February 1692. and from thence to the end of the next Session of Parliament VI. An Act made in the 19th Year of the same King Entituled An Act for Assigning Orders in the Exchequer shall be in force for Seven years from the said 13th Day of February 1692. and from thence to the end of the next Session of Parliament VII Whereas an Act made in the 22th and 23th years of the same King Entituled An Act to revice an Act Entituled An Act to prevent the disturbance of Seamen and others and to preserve the Stores belonging to His Majesties Navy Royal with some Alterations and Additions was by an Act made in the 1st Year of the Reign of the late K. James Enacted to be in force for Seven years and from thence to the end of the 1st Session of the next Parliament The said last mentioned Act shall be continued for Seven years from the said 13th of February 1692. and from thence to the end of the next Session of Parliament VIII An Act made in the 22d and 23d of the said K. C. 2. Entituled An Act to prevent Frauds in the buying and selling of Cattle in Smithfield and elsewhere together with a Proviso in an Act made the 1st year of the late K. James for the Reviving and Continuance thereof That the said Act should not extend to Salesmen or Factors employed by Farmers or Feeders shall be in force for Seven years from the 13th of February 1692. and from thence to the end of the next Session of Parliament IX An Act made in the 1st year of Their Majesties Reign Entituled An Act for the better preventing the Exportation of Wooll and encouraging the Woollen Manufacture of this Kingdom except such part thereof as relates to the free Exportation of the Woollen Manufacture shall be in force for Three years from the said 13th day of February 1692. and from thence to the end of the next Session of Parliament X Provided that no Wooll shall be Imported from Ireland into the Port of Exeter any thing in this or any former Act to the contrary notwithstanding XI An Act made the 13th and 14th years of the late King Charles 2. Entituled An Act for the better relief of the Poor of this Kingdom as to all Parts other then what relates to the Corporations thereby Constituted shall be in force for Seven years from the said 13th of February 1692. and from thence to the end of the next Session of Parliament XII An Act made in the 30th year of the late K. Charles 2. Entituled An Act to enable Creditors to recover their Debts of the Executors and Administrators of Executors in their own wrong shall be perpetual XIII And further Executors and Administrators of Executors or Administrators of Right who shall waste or convert to their own Use the Goods or Estate of his Testator or Intestate shall be chargeable as their Testator or Intestaâ—e should or might have been XIV If any Woman hath been or shall be Convicted of any Felony for which a Man might have the Benefit of Clergy and hath once had or shall have the Benefit of an Act made at the last Session of this present Parilament Eâ—â—â—ed Aâ— Act to take away Clergy from some Offenders and to being others to punishment and shall be again Convicted of any other Felony such Woman thall be totally excluded from having any other benefit of the said Act. XV. The said last mentioned Act to continue for Three years from the said 13th of February 1692. and from thence to the end of the next Session of Parliament XVI An Act made in the 13th and 14th years of the Reign of the late King Charles 2. Entituled An Act for preventing abuses in Printing Seditions Treasonable and Unlicensed
mentioned and the making and subscribing the Declaration in the said Act of the 30th year of King Charles II. mentioned by the Members of each House from and after the first day of March next shall be effectual as if the said Oaths of Allegiance and Supremacy had been taken c. And in all future Parliaments the Oaths herein after mentioned and the said Declaration shall be taken made and subscribed by every Member of either House as the said Oaths of Allegiance and Supremacy and the said Declaration by the said Act of the 30th year of King Charles II. are appointed to be taken to enable them to sit and vote in Parliament IV. The Oaths above appointed by this Act to be taken instead of the Oaths of Allegiance and Supremacy are these 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 I A. B. do swear That I do from my Heart abhor detest and abjure as Impious and Heretical that damnable Doctrin and Position That Princes excommunicated or deprived by the Pope or any Authority of the See of Rome may be deposed or murthered 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 Power Jurisdiction Superiority Preheminence or Authority Ecclesiastical or Spiritual within this Realm So help me God V. This present Parliament may be dissolved after the usual manner as if summoned by Writ VI. Stat. 2 W. M. Sess 1. cap. 7. Whereas the late Lord-Wardens of the Cinque-Ports have claim'd a Power of nominating and recommending to each of the said Cinque-Ports the two ancient Towns and their Members one person whom they ought to elect as a Member of Parliament be it declared and enacted That all such Nominations and Recommendations were and are contrary to the Laws and Constitutions of this Realm and for the future shall be so deemed and they are hereby declared to be void Poor I. Stat. 3 4 W. M. cap. 11. The Act made in the 13th and 14th years of the late King Charles II. Entituled An Act for the better Relief of the Poor of this Kingdom except what relates to the Corporations therein mentioned which was revived and continued with Alterations by an Act made in the first year of the late King James II. shall be in force from the first day of March 1691. II. The forty days continuance of a person intended by the said Acts to make a Settlement shall be accounted from the publication of a notice in writing which he or she shall deliver of the House of his or her Abode and number of his or her Family to the Church-warden or Overseer of the Poor which shall be read immediately after Divine Service in the Church or Chappel of the Place on the next Lords Day where there shall be Divine Service in the same the Church-warden or Overseer to Register such notice in the Book kept for the Poors Accounts III. No Souldier or other Person in their Majesties Service by delivery and publication of notice as aforesaid unless they be dismist the Service IV. Church-wardens or Overseers refusing to read or cause to be read such notice as aforesaid upon proof thereof by two Witnesses upon Oath before a Justice of Peace shall forfeit 40 s. to the use of the party grieved to be levied by distress and sale of Goods by Warrant of a Justice of Peace to the Constable and for want of a Distress shall be committed to Gaol for a month and if any Church-warden or Overseer shall neglect or refuse to Register such notice as aforesaid they shall forfeit 40 s. to be levied as aforesaid and for want of a Distress shall be committed as aforesaid V. If any person coming to inhabit in any Town or Parish shall on his own account execute any Publick annual Office or charge in the same during a year or pay his share towards the publick Taxes or Levies of such Town c. he shall be adjudged to have a legal Settlement without notice in Writing delivered c. VI. If any unmarried person not having Child or Children shall be lawfully hired for a Year such Service shall be deemed a good Settlement without notice c. VII Being bound Apprentice and inhabiting in a Town or Parish shall be adjudged a good Settlement VIII Persons agrieved by the determination of any Justices of the Peace may appeal to the next Quarter-Sessions who shall finally determine the same IX If any person be removed by virtue of this Act from one place to another by Warrant of two Justices of Peace the Church-wardens or Overseers of the place to which he shall be removed shall receive him and in case of refusal upon proof by two Witnesses upon oath before a Justice of Peace of the County Riding c. to which he shall be removed shall forfeit 5 l. to the use of the Poor of the Parish from which he shall be removed to be levied by distress and sale of Goods c. by Warrant of a Justice of Peace of the County c. to which he shall be removed to the Constable of the place where such Offender dwells and for want of a Distress shall be committed to Gaol for forty days X. Persons agrieved by the Judgment of the said two Justices may appeal to the next General Quarter-Sessions of the place from which the said person was removed XI There shall be kept in every Parish at the Parish Charge a Book or Books wherein the Names of persons receiving Collections shall be registred with the time when they were first admitted to have relief and the occasion of their necessity and yearly in Easter-Week or oftner the Parishioners shall meet and have such Books produced before them and the persons receiving Collections shall be called and the reasons of their taking relief examined and a new List be made and entred of such as they shall think fit to allow to receive collection and no other shall be allowed to receive Collection but by Authority under the Hand of a Justice of Peace residing in the Parish and if there be none in the Parts next adjoyning or by order of the Justices of Peace in their Quarter-Sessions except in cases of Pestilential Diseases Plague or Small-pox in respect of Familes infected only XII In all Actions to be brought in the Courts at Westminster or at the Assizes for Monies mis-spent by the Church-wardens or Overseers the Evidence of the Parishioners other than such as receive Alms of the Parish where the Defendants are Inhabitants shall be taken and admitted Prisoners I. Stat. 2 W. M. Sess 2. cap. 15. All persons in prison upon the 28th day of November 1690. for Debt or Damages or upon any Action or mean Process for Debt Account or Trespass upon the Case or who may have Judgments entred
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 Claâ—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
and reserving the ancient Rent or such as hath been paid for the greater part of twenty years next before the Year 1660. to those that have the Inheritance or else a reasonable Rent not being under the twentieth part of the clear yearly value III. All Covenants Covenants good against them to whom the Interest shall afterward come Conditions and Agreements in every Lease made as aforesaid shall be good in Law according to the contents of the same not only against them to whom the Reversion of the said Lands shall come but against them to whom the Interest of the said Leases shall come as if their Majesties at the making such Covenants and Conditions were actually seized in Fee-simple of the same IV. Saving to all Persons and Bodies Politick Saving of Rights their Heirs and Successors saving the King and Queen and their Heirs the Dukes of Cornwal for the time being and their Heirs or whosoever shall enjoy the Dukedom by force of any Act of Parliament all such Rights and Demands whatsoever of in to or out of the said Offices or Lands or any of them as they had before the making this Act any thing herein notwithstanding V. Fees for passing Leases The Fees and Charges to be paid for passing and perfecting Leases of Tenements of small value where the Fine or Value of such Lease or Grant to be made or renewed shall not exceed 80 l. shall not exceed the Sum of 10 l. for every Lease and 4 l. for every Copy besides the said Fine or Value the said 10 l. and 4 l. to be divided among the Officers of the Exchequer imployed for the preparing and passing such Lease or Grant and if any Officer exceed the same he shall forfeit to the Party grieved so much as is exceeded by this Act and also 20 l. one moiety whereof shall be forfeited to the King and the other to the Party grieved Militia I. STat. 5 6 W. M. Sess 5. cap. 13. An Act for raising the Militia of this Kingdom for the year 1694. although the Months Pay formerly advanced be not repaid Mines I. Lawful to dig in Mines notwithstanding pretended to be Royal. Stat. 5 W. M. Sess 5. cap. 6. All Persons Subjects of the Crown of England Bodies Politick or Corporate having or that shall have any Mine or Mines within the Kingdom of England or Wales wherein any Ore now is or shall be discovered or wrought in which there is Copper Tin Iron or Lead shall and may enjoy the same Mine or Mines and Ore and dig and work the said Mine or Mines or Ore notwithstanding they shall be pretended or claimed to be a Royal Mine or Mines II. Rates to be paid for Ore where Mines are pretended to be Royal Provided that their Majesties their Heirs and Successors and all claiming any Royal Mines under them may have the Ore of such Mines in any part of England or Wales other than in the Counties of Devon and Cornwal paying to the Owners of the said Mines wherein such Ore is or shall be found within thirty days after the said Ore is or shall be laid upon the Banks of the said Mines and before the same be removed thence the Rates following viz. For all Ore washt made clean and merchantable wherein is Copper 16 l. per Tun For all Ore washt made clean and merchantable wherein is Tin 40 s. per Tun And for all Ore washt made clean and merchantable wherein is Iron 40 s. per Tun And for all Ore washt made clean and merchantable wherein is Lead 9 l. per Tun and in default of payment of such respective Sums as aforesaid it shall be lawful for the Owners of the said Mines wherein such Ore shall be found to dispose of the said Ore to their own uses Orphans I. STat. 5 6 W. M. Sess 5. cap. 4. Perpetual Fond to pay the Interest of 4 l. per Gent. unto Dec. 25th 1693. From the time first due to Dec. 25th 1683 at 5 l. per Cent. And from thence to Dec. 25th 1693. at 3 l. per Cent. 4 l. per Cent. from the 25th of Dec. 1655 to the 25 of Dec. 1693 and so proportionably The City Lands c. excepting the Revenues of the Hospitals and Repairs of London-Bridge for ever chargeable after the 24th of June 1694. for raising the Annual Sum of 8000 l. It is enacted That for the raising a perpetual Fond to pay the yearly Interest of four pounds for every hundred pound principal Mony and of all the Interest thereof due to any Orphan of the City or the Executors Administrators or Assigns of such Orphan unto the 25th day of December 1693. The Interest to be computed from the time first payable unto the 25th day of December 1683. at five pounds for the Interest of every hundred pounds for one year And from that time to the 25th day of December 1693. at three pounds and so proportionably for any greater or lesser Sum the Interest already received for such principal Mony to be deducted and to pay the like yearly Interest of four pounds for every hundred pounds of the principal Mony and Interest thereof to be computed as aforesaid due upon Bond Bill or Note liable to pay Interest between the 25th day of December 1655. and the same day of December 1693. or any other the Creditor of the same City or the Executors Administrators or Assigns of such Creditor on the said 25th day of December 1693. from the Chamber of the said City or from the Mayor Commonalty or Citizens thereof and so proportionably for any greater or lesser Sum the Manners Messuages Lands Markets and Fairs and other the Hereditaments and Revenues belonging to the same City in possession or reversion and the Improvements that shall be made thereof except such the Lands and Revenues belonging to the Hospitals of the same City or Borough of Southwark or such as are chargeable with the Repairs of London Bridge shall be yearly charged for ever after the 24th day of June 1694. for the raising the Annual Sum of eight thousand pounds to be appropriated for the raising such a perpetual Fond and be applied as aforesaid II. The Aqueducts belonging to the City The City Aqueducts liable and their Rents except the Profits of such Water as shall be for the Supply of the publick Conduits Hospitals Halls and Prisons shall be for ever appropriated and applied towards payment of the said Interest III. 2000 l. annually out of Personal Estates And for the raising such a perpertual Fond the Common Council may every year raise and assess the Sum of two thousand pounds upon the Personal Estates of the several Inhabitants within the City and Liberties and to distrain for default of payment IV. Leases of the Convex Lights for 21 years from June 24th 1694 600 l. per ann The City may Lease to the Persons concerned in the Convex Lights the sole use of
settlement of the Poor 56. An Act for the better repairing and amending the High-ways and for settling the Rates of Carriage of Goods 57. An Act against corresponding with their Majesties Enemies 58. An Act for the Relief of Creditors against fraudulent Devises 59. An Act for the better ordering and collecting the Duty upon Low-Wines and Strong-Waters and for preventing the Abuses therein 60. An Act that the Inhabitants in the Province of York may dispose of their Personal Estates by their Wills notwithstanding the Custom of that Province 61. An Act for granting to their Majesties certain Rates and Duties of Excise upon Beer Ale and other Liquors for securing certain Recompences and Advantages in the said Act mentioned to such Persons as shall voluntarily advance the Sum of ten hundred thousand Pounds towards carrying on the War against France 62. An Act for taking Special Bails in the Country upon Actions and Suits depending in the Courts of Kings-Bench Common-Pleas and Exchequer at Westminster 63. An Act for granting to their Majesties certain Additional Impositions upon several Goods and Merchandizes for the prosecuting the present War against France 64. An Act to prevent Abuses committed by the Traders in Butter and Cheese 65. An Act for encouraging the apprehending of High-way Men. 66. An Act for reviving two former Acts of Parliament for the repairing the High-ways in the County of Hertford 67. An Act for prohibiting the Importation of all Foreign Hair Buttons 68. An Act to make Parishioners of the Church United Contributors to the Repairs and Ornaments of the Church to whom the Union is made 69. An Act for punishing Officers and Souldiers who shall Mutiny or Desert their Majesties Service and for Punishing false Musters and for the Payment of Quarters 70. An Act for continuing certain Acts therein mentioned and for charging several Joynt-Stocks 71. An Act to prevent Frauds by Clandestine Mortgages 72. An Act for the regaining encouraging and settling the Greenland Trade 73. An Act to prevent malicious Informations in the Court of Kings-Bench and for the more easie reversal of Outlawries in the same Court 74. An Act for preventing Suits against such as acted for their Majesties Service in Defence of the Kingdom 75. An Act for the better Discovery of Judgments in the Courts of Kings-Bench Common-Pleas and Exchequer at Westminster 76. An Act for delivering Declarations to Prisoners 77. An Act for regulating the Proceedings in the Crown-Office of the Court of Kings-Bench at Westminster 78. An Act for the more easie discovery and conviction of such as shall destroy the Game of this Kingdom 79. An Act for reviving continuing and explaining several Laws therein mentioned which are expired and near expiring 80. An Act for continuing the Acts for prohibiting all Trade and Commerce with France and for the Encouragement of Privateers 81. An Act for repealing such parts of several former Act as prevent or prohibit the importation of Foreign Brandy Aqua Vitae and other Spirits and Bacon except from France 82. An Act for the importation of fine Italian Sicilian and Naples Thrown Silk 83. An Act to repeal a Clause in the Statute made in the four and thirtieth and five and thirtieth Years of King Henry the eighth by which Justices of Peace in Wales are limited to eight in each County 84. An Act to supply the Deficiency of the Mony raised by a former Act Entituled An Act for granting to their Majesties certain Rates and Duties of Excise upon Beer Ale and other Liquors for securing certain Recompences and Advantages in the said Act mentioned to such Persons as shall voluntarily advance the Sum of ten hundred thousand Pounds towards carrying on the War against France 85. An Act to prevent Disputes and Controversies concerning Royal Mines 86. An Act for granting to their Majesties certain Rates and Duties upon Salt and upon Beer Ale and other Liquors for securing certain Recompences and Advantages in the said Act mentioned to such Persons as shall voluntarily advance the Sum of ten hundred thousand Pounds towards carrying on the War against France 87. An Act for the explaining and for the more effectual Execution of a former Act for the Relief of poor Prisoners 88. An Act for repeal of a Clause in the Statute of the fifth Year of Queen Elizabeth containing divers Orders for Artificers and others which relates to Weavers of Cloath 89. An Act for Relief of the Orphans and other Creditors of the City of London 90. An Act to prevent Delays of Proceedings at the Quarter-Sessions of the Peace 91. An Act to take away the Process for the Capiatur Fine in the several Courts at Westminster 92. An Act to repeal the Statute made in the tenth Year of King Edward III. for finding Sureties for the good abearing by him or her that hath a Pardon of Felony 93. An Act for continuing the Act for punishing Officers and Souldiers who shall Mutiny or Desert their Majesties Service and for punishing false Musters and for the payment of Quarters for one Year longer 94. An Act for the importation of Salt-Petre for one Year 95. An Act for the exportation of Iron Copper and Mundick Metal 96. An Act for enabling their Majesties to make Grants Leases and Copies of Offices Lands and Hereditaments parcel of their Dutchy of Cornwal or annexed to the same and for confirmation of Leases and Grants already made 97. An Act for raising the Militia of this Kingdom for the Year 1694. although the Months Pay formerly advanced be not repaid 98. An Act for granting to their Majesties several Rates and Duties upon Tunnage of Ships and Vessels and upon Beer Ale and other Liquors for securing certain Recompences and Advantages in the said Act mentioned to such Persons as shall voluntarily Advance the Sum of fifteen hundred thousand pounds towards carrying on the War against France 99. An Act for granting to their Majesties several Duties upon Vellum Parchment and Paper for four Years towards carrying on the War against France 100. An Act for the licensing and regulating Hackney-Coaches and Stage-Coaches 101. An Act for appointing and enabling Commissioners to examine take and state the Publick Accounts of the Kingdom 102. An Act for building good and defensible Ships 103. An Act for the better Discipline of their Majesties Navy Royal. AN EXACT ABRIDGMENT Of all the STATUTES OF King William Queen Mary IN Force and Use until the 14th of March in the Fifth Year of Their Reign An. Dom. 1692 3. Accounts I. STat. 2 W. M. Sess 2. c. 9. Sir Robert Rich Sir Thomas Clarges Paul Foley Robert Austen Sir Matthew Andrews Sir Benjamin Newland Sir Samuel Barnardiston Sir Peter Colliton and Robert Harley or any Five or more of them shall be Commissioners for taking the Accounts of the Publick Revenues of the Crown which were in the Receipt of the Exchequer on the Fifth Day of November 1688. or since or shall be before the Power for taking these Accounts be determined and of all
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
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
Tax made by virtue of this Act or by the determination of the Justices c. may have recourse to the General Quarter-Sessions whose determination therein shall be final XXVIII And whereas there are many common High-ways in the said Parishes which cannot be sufficiently supported without the help of this Act Be it enacted That one or more Assessment or Assessments upon the Inhabitants and Occupiers of Lands c. and Persons usually ratable to the Poor shall from time to time be made and allowed by such Persons as the Justices at their Quarter-Sessions shall direct and the Mony thereby raised to be employed and accounted for according to their direction towards the supporting such High-ways such Assessments to be levied by distress and sale of goods in case of non-payment within fourteen days after demand rendring the overplus Charges deducted XXIX No such Assessments to be made in any one Year shall exceed 4 d. in the Pound of the yearly value of Lands c. nor 8 d. for every twenty pound in personal Estate XXX New Sewers made since the 12th Year of King Charles II. in any the said Parishes shall be subject to the Commissioners of Sewers and the said Commissioners may direct the making of new Sewers and alter or take away any Nusances therein and any cross Gutters and Channels in any of the Streets and Lanes in the said Parishes XXXI Housholders within the Weekly Bills of Mortality whose Houses adjoyn to the Street from Michaelmas to Lady-day yearly shall hang out Candles or Lights from the time that it grows dark till twelve a Clock at night on pain to forfeit 2 s. for every default except such as shall agree to make use of Lamps to be placed at such distances as shall be approved of by two or more Justices of the Peace XXXII Every Truss of old Hay bought or offered to sale within the Weekly Bills of Mortality between the last of August and the first of June shall weigh 56 pounds at least and between the first of June and the last of August being new Hay of that Summers growth shall weigh 60 pounds and being old Hay of any former years growth shall weigh 56 pounds the Person offering any Hay to be sold of less weight to forfeit for every Truss 18 d. XXXIII No Persons shall suffer their Waggons Carts c. to stand in any place within the Weekly Bills of Mortality loaden with Hay or Straw to be sold from Michaelmas to Lady-day after two a Clock in the Afternoon nor from Lady-day to Michaelmas after three a Clock on pain to forfeit 5 s. for every such Offence XXXIV Justices of Peace in the Places aforesaid within their respective Limits may upon their own View Confession of the Party or proof of one credible Witness upon Oath convict Persons of the said Offences one moiety of the Forfeitures to the Poor and the other to the Prosecutor and in case of a Conviction by the View of a Justice of Peace one half to the relief of the Poor and the other half if for a default of payment towards the repairing and cleansing the Streets to be paid to the Scavengers to be imployed to that use or otherwise to the relief of the Poor as aforesaid all the said Penalties to be levied by distress and sale of Goods by a Justices Warrant to the Constable c. and for want of a distress or in case of non-payment within six days after demand or notice in Writing left at the Offenders House by the Constable c. the Offender not being a Peer shall be committed to the Common Gaol till payment XXXV The Wheels of Carts Carriages or Drays within the said Places where the Streets are paved shall contain six Inches in the Felley and shall not be wrought about with any Iron-work nor drawn with above two Horses after they are up the Hills by the Water-side Owners of Carts c. the Wheels whereof shall not be of that breadth or shod with Iron or drawn with above two Horses as aforesaid shall forfeit 40 s. for every time such Cart c. shall be used for the Uses and to be levied as aforesaid XXXVI This shall not extend to Country Carriages bringing Goods to the said Places or carrying any Goods half a Mile beyond the paved Streets XXXVII No Persons shall keep Swine within the Houses or Back-sides of the paved Streets where the Houses are contiguous upon pain of forfeiting the same to the use of the Poor of the Parish And Church-wardens Overseers of the Poor Constables Beadles Headboroughs and Tythingmen may in the day-time by Warrant from the Lord Mayor of London or any Justice of Peace of the place search for Swine and drive them away to sell the Mony to be delivered to the Church-wardens or Overseers of the Poor of the Parish for the use of the Poor XXXVIII The cleansing the Streets Lanes and Passages within London and the Liberties thereof shall be managed according to the ancient usage of the City XXXIX The Lord Mayor or any Alderman may upon his own knowledge or view in the General Quarter-Sessions make presentment of any such Offence within the City and Liberties thereof and the Lord Mayor and Justices of the City shall at the same Sessions assess Fines for the same not exceeding 20 s. for every Offence to be paid to the Chamberlain of London for the use of the City XL. In Actions c. commenced for what any Person shall do in pursuance of an Act made in the 22 and 23 Years of King Charles II Entituled An Act for the better paving and cleansing the Streets and Sewers in and about the City of London or this Act the Defendant may plead the General Issue and give the said Act and the Special Matter in Evidence and if the Plaintiff or Prosecutor become Non-suit or suffer a Discontinuance or a Verdict pass against him the Defendant shall recover treble Costs XLI The High-way leading from the East-side of Clerkenwell-Green to St. Johns Street shall be pav'd according to the direction of this Act. Militia I. Stat. 2 W. M. Sess 2. c. 12. An Act for the raising the Militia of this Kingdom for the Year 1691. though the Months Pay formerly advanced be not paid II. Stat. 3 4 W. M. cap. 7. An Act for raising the Militia of this Kingdom for the Year 1692. although the Months Pay formerly advanced be not repaid III. Stat. 3 4 W. M. cap. 6. If at any time before the 25th day of March 1694. their Majesties shall think it necessary for the safety of this Kingdom to draw out the Militia into actual Service and the same be signified to the Lieutenants Deputy-Lieutenants and Warden of the Cinque-Ports It shall be lawful for them notwithstanding that one or more Months Pay before that time advanced be not reimbursed to draw out the Souldiers of the Militia into actual Service and to cause the Persons charged to
provide each their Souldier with pay in Hand not exceeding one Months Pay as if all the Pay before advanced and provided had been re-imbursed Oaths I. Stat. 1 W. M. Sess 1. cap. 6. The Oath herein after mentioned shall be administred to King William and Queen Mary at the time of their Coronation viz. The Archbishop or Bishop shall say Will you solemnly promise and swear to Govern the People of this Kingdom of England and the Dominions thereunto belonging according to the Statutes in Parliament agreed on and the Laws and Customs of the same The King and Queen shall say I solemnly promise so to do Archbishop or Bishop Will you to your Power cause Law and Justice in mercy to be executed in all your Judgments King and Queen I will Archbishop or Bishop Will you to the utmost of your Power maintain the Laws of God the true Profession of the Gospel and the Protestant reformed Religion established by Law And will you preserve unto the Bishops and Clergy of this Realm and to the Churches committed to their charge all such Rights and Priviledges as by Law do or shall appertain unto them or any of them King and Queen All this I promise to do After this the King and Queen laying his and her Hand upon the Holy Gospels shall say King and Queen The Things which I have here before promised I will perform and keep So help me God Then the King and Queen shall kiss the Book II. The said Oath shall be in like manner administred to every King or Queen who shall succeed III. Stat. Anno 1 W. M. Sess 1. cap. 8. Henceforth no Persons shall be obliged to take the Oaths of Allegiance and Supremacy or either of them by force of the Acts of 1 Eliz. or 3 Jac. or any other Statute and the said Oaths are hereby abrogated II. The Oaths appointed by this present Act to be taken and the Declaration appointed by this Act to be made c. shall be taken made repeated and subscribed by such as were required by any Act to take the said abrogated Oaths or either of them before such Persons as hereafter is expressed viz. Archbishops and Bishops and all above the Degree of a Baron of Parliament in the Court of Chancery or Kings Bench between the hours of 9 and 12 in the Forenoon before the end of Trin. Term next or at the General Quarter-Sessions for that County or Place where they shall be or reside between the said hours before the first day of August next IV. Other such Persons shall take the said Oaths and make and subscribe the said Declaration before such Persons as by any Act were authorized to tender the said abrogated Oaths V. All Persons other than such concerning whom other provision shall be made in this Act or Session of Parliament that shall be admitted into any Office or Imployment Ecclesiastical or Civil or come into any capacity by reason whereof they should have been obliged to take the said abrogated Oaths or either of them shall take the Oaths hereby appointed in such manner as they ought to have taken the former Oaths and under the same Penalties Forfeitures Disabilities and incapacities VI. If any Person now having any such Office or Imployment neglect or refuse to take the said Oaths before the first day of August next or sooner if required by order of Council such Office and Imployment shall be void VII Archbishops or Bishops and other Persons now having any Ecclesiastical Dignity Benefice c. neglecting or refusing to take the said Oaths before the first day of August next shall be suspended for six months from the said first of August and if they shall not within the said space of six months take the said Oaths they shall be ipso facto deprived and are hereby adjudged to be deprived VIII Governors Heads or Fellows of Colledges or Halls in either University or of any other Colledge Masters of Hospitals or Schools Professors of Divinity Law Physick or other Science in either University or in London neglecting or refusing as aforesaid before the first day of August next shall be suspended six months to be accounted as aforesaid and if they shall not within the said space of six months take the said Oaths their Offices Imployments Masterships Governments Fellowships and Professorships shall be void IX Other Persons refusing to take the said Oaths being lawfully tendred shall be committed by the Persons tendring the same to the Common Gaol or House of Correction for three months without Bail or Mainprize unless such Offenders shall pay down 40 s. or such lesser Sum as the Persons tendring the said Oaths shall require which Mony shall go to the relief of the Poor of the Parish or Place where such Offender did last reside and if at the end of three months such Persons shall again refuse c. they shall be committed as aforesaid for six months unless they shall pay down such Sum of Mony as the Persons tendring the said Oaths shall require not exceeding 10 l. nor under 5 l. the said Mony to be disposed as aforesaid and unless such Offenders shall become bound with two Sureties to be of the Good Behaviour and appear at the next Assizes or General Gaol-delivery for the place where they shall reside at which Assizes or Gaol-delivery the said Oath shall be again tendred in open Court and upon refusal the Persons refusing shall be adjudged incapable of any Office Civil or Military and be bound to their Good Behaviour till they take the said Oaths and if such Persons shall refuse to make and subscribe the Declaration mentioned in the Statute of the 30th Year of King Charles II. Entituled An Act for the more effectual preserving the Kings Person and Government c. they shall be taken and deemed Popish Recusants convict to all intents and purposes X. Commission-Officers and Non-Commission or Warrant-Officers now employed by Sea or Land shall take the said Oaths and make and subscribe the last mentioned Declaration before the Lord Admiral or Commissioners of the Admiralty or their Deputies or such as their Majesties shall appoint to administer them And all Persons hereafter to be put into any such Imployment shall before the delivery of their Commission or Warrant take the said Oaths and make and subscribe the said Declaration before the Lord Admiral or Commissioners of the Admiralty or their Deputies or such as shall issue such Commission or Warrant or such as shall be authorized to administer the same as aforesaid and in case of refusal shall be incapable of taking or executing such Office or Imployment XI The Oath appointed by the Statute of 13 Car. 2. Entituled An Act for the ordering the Forces in the several Counties of this Kingdom And so much of a Declaration prescribed in another Act made in the same Year Entituled An Act for the Uniformity of Publick Prayers c. as is expressed in these Words viz. I A. B.
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
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
Tallies of Loan and Orders for repayment shall be levied which Orders shall be assignable XVIII Every Sum and Sums so to be borrowed with Interest not exceeding 8 l. per Cent. to be paid every three months shall be payable to the Lenders out of any the next Aids or Supplies to be granted to their Majesties in Parliament and shall be transferred thereunto as soon as such Aid shall be granted and in case no such Aid or Supply shall be granted before the second day of February 1693. then such Sum or Sums shall be paid to the Lenders out of any of their Majesties Treasure not already appropriated by Act of Parliament XIX Whoever shall refuse to take in payment crack't Mony being the currant Coin of this Kingdom shall for every such Offence forfeit 5 l. and be liable to such other Punishments as by any Law may now be inflicted for such Offences XX. Every Receiver-General appointed by the said Poll-Act shall prepare a Duplicate in Parchment of the whole Sum charged in any of the Parishes and Places whereof he is Receiver General to be subscribed by two or more of the Commissioners and return it into the Exchequer before the last day of Easter-Term next with a Schedule containing the Names Sirnames and Places of Abode of every Person within their Collection that hath not paid and every Receiver General not making such returns except the same have been returned pursuant to the said Poll-Act shall forfeit 50 l. and be uncapable of any Office or Place of Trust in their Majesties Service XXI No Fees shall be taken by any Officer of the Exchequer or in any Office wherein any Receiver General is concerned in taking out his Commission passing his Accounts taking out his Quietus for receiving or paying any Mony granted by this or any other Act of this Parliament for Aids to their Majesties but such ancient Fees as shall be allowed by the Barons of the Quoif and the said Barons shall deliver a Table of the Fees by them allowed to the Lords and Commons in Parliament at the next Session Trade and Commerce I. Stat. 1 W. M. Sess 1. cap. 34. From the 24th day of August 1689. No Goods or Commodities of the Product or Manufacture of the Dominions of the French King or made of or mixed with any such Goods or Commodities shall during three years or before the end of the first Session of Parliament after such three years expired be imported into England Ireland Wales Berwick or the Isles of Jersey Guernsey Alderney Sark or the Isle of Man and all Importations vending or uttering of any French or other Commodities contrary to this Act are hereby declared to be a common Nusance and the Commodities so imported may be seized by any Person and carried into their Majesties Ware-house of the Port or Place where they are seized or to the Ware-house of the next Port Member or Creek to the place of Seizure and Persons claiming the same shall tender good Security to answer the Penalties of this Act and to make their claim within twenty days after seizure to the Collector or Customer or his Deputy where there is no other Collector established or to the Commissioners of the Custom in time of vacation or within ten days in Term-time by delivery of a Bill to such Officer subscribed with his Name Addition and Place of Abode with the particulars of the Goods claimed and the date of the Claim and the Names of his Sureties they being worth 500 l. a-piece at least and to give Bond to their Majesties in double the value of the Goods and the Penalties in this Act to answer the value of the Goods and other the said Penalties and after such Security given the Claim and Sureties Names and the Sum and date of the Bonds to be registred and subscribed by the Claimer Collector or Customer to whom such Bill shall be delivered and for want of giving Security and making Claim as aforesaid the Goods shall be adjudged to be imported contrary to this Act and be forfeited and within seven days after such default shall be destroyed as hereafter is appointed but if such Security be given and Claim made as aforesaid an Information shall the next Term or sooner be exhibited in the Exchequer and no Writ of Delivery or Restitution shall be granted till the Cause be determined by the Verdict of a Jury to be returned by the proper Officers in the presence of a Commissioner of the Customs in London and of the principal Officer in any Out-port which Jury upon the taste or view of the Goods oâ— upon proof shall judge the quality and value thereof and whether imported contrary to this Act and in what Vessels imported and by whom imported or sold and in whose custody they were when seized and if the Jury shall find that they were of the Product or Manufacture of the French Kings Dominions or mixt with any Goods of such Product or Manufacture then all such liquid Commodities shall be adjudged to be staved and spilt and other Commodities to be publickly burnt in the presence of one of the Sheriffs of London in the Port of London and of the chief Magistrate in any other Port who are required to be present and assisting in the destruction thereof and to view taste and examine them according to the first Entry made in the Warehouse-Book and to join with the Collector c. who are also required to be present at the destruction thereof in a Certificate to be entred in the said Book of the day of the destruction thereof no Persons to take away or save any of the said Commodities on pain to forfeit 40 s. above the value of the said Goods II. Importers thereof shall forfeit the full value according to the Rates hereafter mentioned and Persons in whose custody they shall be found when seiz'd or who shall sell or retail them shall for the first Offence forfeit the value thereof as aforesaid and for the second Offence double the value and be disabled to bear or execute any Office or Employment relating to the Customs or any part of the Revenue or any other Office whatsoever and if any such Commodities imported contrary to this Act shall within the time aforesaid upon any pretence be sold retailed or uttered or be found within England Ireland c. any Persons may seize them and like Information and Judgment for destruction thereof shall be had and given as aforesaid III. They in whose custody such Goods shall be found shall incur the Forfeitures and Penalties aforesaid and if any dispute or doubt shall arise whether the said Goods were of the Product or Manufacture of the French Kings Dominions or imported contrary to this Act the proof shall lie on the Importer Claimer Vender c. and not on the Informer and if any Informer shall by Fraud or Collusion desist or delay Prosecution he shall forfeit 500 l. All Officers belonging to the Customs and
treble Costs X. A Register shall be kept at the Custom-house London of all Wool imported from Ireland and of all Wool sent from one Port to another in this Kingdom the Weights and Numbers Ship Masters Name Owners Name and to whom consigned This Act to continue for three years and from thence to the end of the next Session of Parliament XI Any Persons may buy Cloth Stuffs Stockings or other Woollen Manufactures and export the same paying the usual Customs XII Nothing in this Act shall be construed to avoid the Charters granted to the Levant Eastland Russia or African Companies XIII It shall be lawful to transport from Southampton only for the use of the Inhabitants of Guernsey Jersey Alderney and Sark 1000 Tods of unkemb Wool for Guernsey 2000 for Jersey 200 for Alderney and 100 for Sark more than by the Act made in the 12th year of King Charles II. is provided for the same to be done according to the Directions and under the Penalties therein appointed and inflicted and on the farther Penalty of 20 l. for every Tod of Wool and forfeiture of the Wool it self one half to the King one Quarter to the Informer and one Quarter to the Poor of the said Islands in case of transporting or attempting to transport any of the said Wool from the said Islands for every Offence therein and that every Person so offending shall after the first Offence be incapable of any Grant of any Wool from the said Port of Southampton nor ever after have any Warrant granted him for that purpose the said Penalties to be recovered by him that will sue for the same by Action of Debt Bill Plaint or Information c. Yarmouth I. STat. 1 W. M. Sess 1. cap. 11. The Powers Authorities and Benefits given to the Mayor Aldermen Burgesses and Commonalty of Great Yarmouth by an Act made in the first year of the late King James Entituled An Act for clearing preserving maintaining and repairing the Haven and Rivers of Great Yarmouth are hereby vested in the Bailiffs Aldermen Burgesses and Commonalty of the said Borough that now are and their Successors And the Powers Authorities and Benefits by the said Act given to the said Mayor are hereby vested in the Bailiff or Bailiffs for the time being and their Successors II. Officers Collectors Receivers and Commissioners to be appointed by the afore-mentioned or this Act may pursue the several Powers therein given and directed III. Monies directed by the said Act to be paid into the Hands of the Chamberlain of the said Borough shall be paid into the Hands of such as the Bailiffs Aldermen Burgesses and Commonalty in Common Council assembled shall direct IV. If within the residue of the time by the said recited Act limited there shall be any alteration by any new Charters from Bailiffs to Mayors then the Mayor Aldermen Burgesses and Commonalty shall execute the Powers c. in the recited Act mentioned as therein is expressed AN EXACT ABRIDGMENT Of all the STATUTES MADE In the fifth Session of this present Parliament in the fifth and sixth Years of the Reign of their MAJESTIES King William and Queen Mary AN ABRIDGMENT OF THE STATUTES MADE In the fifth Session of this present PARLIAMENT Accounts I. Stat. 5 6 W. M. Sess 5. cap. 17. Commissioners Names for stating Publick Accounts Robert Harley Esquire Sir Thomas Pope Blount Baronet Paul Foley Esquire Sir Thomas Clarges Knight Charles Hutchinson Esquire Sir Edward Abney Knight and Sir James Houblon Knight constituted Commissioners for examining and stating the Accounts of all the Mony and Publick Revenue of the Crown granted by one Act of Parliament made in the second year of their Majesties Reign Entituled An Act for appointing and inabling Commissioners to examine take and state the Publick Accounts of the Kingdom Acts of 2d and 4th and 5th of W. and M. revived And one other Act in the 4th and 5th years of their Majesties Reign Entituled An Act for examining taking and stating the Publick Accounts of this Kingdom to be examined and stated by the Commissioners by the said Acts constituted or any five or more of them appointed by the said Acts or either of them and that the said Acts be revived from the 24th of April 1694. to the 25th of April which shall be in the year 1695. and shall be executed with all the Powers therein contained by the Commissioners herein named or any four or more of them and Allowances to be made to the said Commissioners and the Clerks and all other Charges from the Commissioners of the Treasury as in the first recited Act. Commissioners power to examine and state Accounts And the said Commissioners have Power to examine and state Accounts of all Monies granted to their Majesties by one Act made in this present Session of Parliament Entituled An Act for granting to their Majesties an Aid of 4 s. in the Pound for one Year for carrying on a vigorous War against France and of all Monies that have or shall be granted their Majesties in this present Session and of all other their Majesties Treasure or publick Mony due to them on the 5th of November 1688. or at any time between the said 5th of November and the said 25th of April which shall be in the year 1695. not yet accounted for by virtue of the said Acts or either of them or the last Clause touching Publick Accounts made in 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 the carrying on a vigorous War against France II. Irish Accounts to be stated against and presented next Parliament And the said Commissioners are hereby required to summon the Commissioners appointed for the Transport Ships for the War of Ireland or any other Contractors or their Owners and Proprietors of the said Ships to state the Accounts and adjust the Debt due for the said Ships which Accounts so stared they are to prepare against the next Session of Parliament Coaches I. Commissioners for Hackney-Coaches STat. 5 6 W. M. Sess 5. cap. 16. After the 10th of May 1694. their Majesties may appoint Commissioners not exceeding five in number for regulating and licensing Hackney-Coaches within the Cities of London and Westminster and the Suburbs thereof and the Bills of Mortality and for regulating and licensing Stage-Coaches throughout England c. II. Licenses not to exceed 700. The said Commissioners shall give Licenses under their Hands and Seals to all Persons that shall keep any Coach or Coach-Horses within the Cities of London and Westminster or the Suburbs of the same or within the Weekly Bills of Mortality and that the number of all Hackney-Coaches so to be licensed shall not exceed 700 and for every such License so to be granted for each Coach there shall be paid to the Commissioners or some other Person to be appointed by their Majesties
otherwise shall be null and void And the Mayor and Court of Aldermen out of the Revenue setled by this Act shall allow and pay to such Agents and Solicitors what they judge may be reasonable and that to be allowed in the Accompt of the said Revenue And if they demand or receive more than shall be so adjudged due to them they shall forfeit treble the Sum received to be recovered with Costs of Suit by such Persons as will sue for the same in any of their Majesties Courts of Record at Westminster XX. New-River Water Thames Water and Shadwel Water-works excepted This Act shall not extend to the New-River Water or Profits thereof Nor shall be construed to hinder or obstruct the Governors and Company of Undertakers for raising of the Thames-Water in York Buildings nor the Governor and Company of the Water-work in Shadwel But they may raise and take the Water and lay Pipes and Branches in the Streets as before and enjoy all their Rights Nor shall this Act extend to the Water-works of Thomas Morris Th. Morris Water-works excepted at or near London-Bridge nor to the Profits or Benefits thereof other than the Rent reserved upon a Lease formerly made thereof by the City And Samuel Hutchinson Samuel Hutchinson or his Assigns paying their proportion of Stock to the Partners in the Convex Lights and covenanting to perform such Contracts and Agreements as are or shall be made by them before the 24th day of June 1695. may enjoy the same Interest and Benefit in the Premises as any of the Partners according to their respective Proportions XXI Priviledge of Persons sued upon this Act. Any Person sued for what he shall do in pursuance or in the execution of this Act may plead the General Issue and give upon Trial this Act and the Special Matter in Evidence and in case of Non-suit forbearance of farther Prosecution Discontinuance or Verdict against the Plaintiff or Prosecutor the Defendant shall recover Costs and have like Remedy for them as when Costs by Law are given to the Defendants XXII This Act to be reputed a general Act. This Act shall be reputed a General Act and the Judges upon all occasions shall take notice as if it were a Publick Act of Parliament relating to the whole Kingdom XXIII For the space of seven years from the 29th day of September last past The City may use 2000 l. yearly for 7 years towards their necessary Expences provided the Orphans have their due otherwise to repay what is wanting to the Orphans by 2000 l. per ann it shall be lawful for the Mayor and Court of Aldermen to retain and apply and the Chamberlain to issue and pay towards the necessary Expences and Charges of the City any Sum not exceeding in the whole the Sum of two thousand pounds yearly out of the Monies hereby appointed to the use of the Orphans and Creditors But in case after the deduction and allowance of the said two thousand pounds during the seven years there shall not be raised and paid to the Orphans and Creditors out of the residue of the Profits of the aforesaid several Provisions and Fonds so much Mony as will fully satisfie all the said Orphans and Creditors Interest for all their several and respective Debts after the rate of four pounds per Cent. per Annum during the whole seven years that then the City shall repay into the Hands of the Chamberlain within seven years after the expiration of the said Term fourteen thousand pounds or so much thereof as they shall have made use of by two thousand pound per annum or such less yearly Sum as shall be proportionable to what they shall have so made use of until the same or so much thereof as shall make good the deficiency that shall appear in the satisfaction of the Interest of all the Monies due to the said Orphans and Creditors at the Rate aforesaid by reason of applying the said two thousand pounds per Annum or any part thereof to the use of the City for the Term aforesaid shall be satisfied And for securing the repayment thereof all the Estate Rents and Profits of any sort which at the expiration of the term of seven years shall belong to the Mayor The City Revenues liable for the same Commonalty and Citizens in their Politick Capacity only except the Revenues belonging to the Hospitals in or belonging to the same City or Borough of Southwark or for the Repairs of London-Bridge shall be and are charged and made subject and liable thereunto Prisoners I. STat. 5 6 W. M. Sess 5. cap. 2. Act 2 W. M. revived That the Act made in the second year of their Majesties Reign Entituled An Act for Relief of Poor Prisoners for Debt and Damages be revived and that the Oath in the said Act shall be abolished and instead thereof the Oath herein mentioned shall be the Oath to be tendred to the Sheriffs Gaolers and Keepers of Prison I A. B. The Oath to be taken by Sheriffs and Gaolers do swear That I have examined the Commitments or Books belonging to the said Prison and that by them it doth appear that J. S. was really and truly a Prisoner in the Custody of the then Gaoler or Keeper of the Prison of D. Prison in the County of C. without any Fraud or Deceit by me or any other to my knowledge or belief at or upon the 28th day of November Anno Dom. 1690. II. And in case any Sheriff Penalty for refusing the Oath Gaoler or Keeper of Prison shall refuse to take the Oath herein appointed he being required unless it appear by the Commitment and Books of the said Prison that the Person for whom such Oath is required was not truly a Prisoner in the Custody of the said Gaoler and Keeper according to the said Act that otherwise the said Gaoler and Keeper so refusing to take the said Oath shall forfeit to such Prisoner the value of the Debt for which he shall be imprisoned And that in that case upon complaint of the Prisoner the Justices of Peace of the County or City where the Prison lies Prisoner may be discharged if he were in Custody 28 Nov. 1690 shall have power to examine the said Matter upon Oath of any other Persons which Oath they are hereby impowred to administer And if it shall appear to them that the said Prisoner was truly a Prisoner on the said 28th day of December 1690. then the said Justices may discharge the said Prisoner so as he may have full benefit of the said Act notwithstanding the Sheriffs Gaolers or Keepers refusing the said Oath any thing in the said Act notwithstanding III. The Sheriff or Gaolers Fee for discharge of a Prisoner And farther That no Sheriff Gaoler or Keeper of Prison nor any Clerk of the Peace or other Officer directly or indirectly shall take of any Prisoner to be discharged by