William and Mary, 1688
An. Act for the better secureing the Government by disarming Papists and reputed Papists. [Chapter XV. Rot. Parl. pt. 5. nu. 12.]

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History of Parliament Trust

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John Raithby (editor)

Year published

1819

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71-73

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'William and Mary, 1688: An. Act for the better secureing the Government by disarming Papists and reputed Papists. [Chapter XV. Rot. Parl. pt. 5. nu. 12.]', Statutes of the Realm: volume 6: 1685-94 (1819), pp. 71-73. URL: http://www.british-history.ac.uk/report.aspx?compid=46301 Date accessed: 30 September 2014.


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Two Justices of Peace may tender Declaration of 30 Car. II. to Papist, &c.;

30 Car. II. st. 2; Such Persons refusing, Penalty.

For the better secureing of the Government against Papists and reputed Papists bee it enacted by the King and Queens most excellent Majestyes by and with the advice and consent of the Lords Spirituall and Temporall and Commons in this present Parlyament assembled and by authoritie of the same That it shall and may be lawfull for any two or more Justices of the Peace who shall know or suspect any person to be a Papist or shall be informed that any person is or is suspected to be a Papist to tender and they are hereby authorized and required forthwith to tender to such person soe knowne or suspected to be a Papist the Declaration sett downe and expressed in an Act of Parlyament made in the thirtyeth yeare of the Raigne of the late King Charles the Second Intituled An Act for the more effectuall Preserveing the Kings Person and Government by disabling Papists from sitting in either House of Parlyament to be by him made repeated and subscribed And if such person soe required shall refuse to make repeate and subscribe the said Declaration or shall not make repeate and subscribe the said Declaration or shall refuse or forbeare to appeare before the said Justices for the makeing repeating and subscribeing the said Declaration upon notice to him given or left at his usuall place of abode by any person authorized in that behalfe by Warrant under the Hands and Seales of the said two Justices such person from thenceforth shall be taken to be and is hereby declared to be lyable and subject to all and every the Penalties Forfeitures and Disabilities hereafter in this Act mentioned

II. Justices of Peace to certify Subscribers and Refusers to the Sessions.

And bee it hereby further enacted That the said Justices of the Peace shall certifie the Name Sirname and usuall place of abode of every person who being required shall refuse or neglect to make repeate and subscribe the said Declaration or to appeare before them for the makeing repeating and subscribing the said Declaration As alsoe of every person who shall make repeate and subscribe the said Declaration at the next Generall Quarter Sessions to be holden for the Shire Rideing Division or Liberty for which they shall be Justices of the Peace to be there recorded by the Clerke of the Peace or Towne-Clerke and kept amongst the Records of the said Sessions

III. Refuser to keep no Arms.

Two Justices of Peace may seize Arms.

And for the better secureing their Majestyes Persons and Government Bee it further enacted and declared That noe Papist or reputed Papist soe refuseing or makeing default as aforesaid shall or may have or keepe in his House or elsewhere or in the Possession of any other person to his use or at his disposition any Arms Weapons Gunpowder or Ammunition (other then such necessary Weapons as shall be allowed to him by Order of the Justices of the Peace at their Generall Quarter Sessions for the defence of his House or person) And that any two or more Justices of the Peace from time to time by Warrant under their Hands and Seales may authorize and impower any person or persons in the day time with the assistance of the Constable or his Deputy or the Tythingman or Headburrough where the Search shall be (who are hereby required to be aiding and assisting herein) to search for all Arms Weapons Gunpowder or Ammunition which shall be in the House Custodie or Possession of any such Papist or reputed Papist and seize the same for the use of their Majestyes and their Successors which said Justices of the Peace shall from time to time at the next Generall Quarter Sessions to be held for the County Rideing Division or Liberty where such Seizure shall be made deliver the said Arms Weapons Gunpowder and Ammunition in open Court for the use aforesaid

IV. Refuser not discovering or hindering the Search for his Arms.

Imprisonment. Penalty.

And bee it further enacted That every Papist or reputed Papist who shall not within the space of ten dayes after such refusall or makeing default as aforesaid discover and deliver or cause to be delivered to some of their Majestyes Justices of the Peace all Arms Weapons Gunpowder or Ammunition whatsoever which he shall have in his House or elsewhere or which shall be in the possession of any person to his use or at his disposition or shall hinder or disturbe any person or persons authorized by Warrant under the Hands and Seales of any two Justices of the peace to search for and seize the same that every such person soe offending contrary to the Statute in this behalfe made shall be committed to the Common Gaole of the County or Place where he shall committ such Offence by Warrant under the Hands and Seals of any two Justices of the Peace there to remaine without Baile or Mainprize for the space of three months and shall alsoe forfeite and lose the said Arms and pay treble the value of them to the use of their Majestyes and their Successors to be appraized by the Justices of the Peace at the next generall Quarter Sessions to be held for the said County Rideing or Division to their Majesties and their Successors

V. Concealing Arms.

Imprisonment. Penalty.

And bee it further enacted That every person who shall conceale or be privy or aiding or assisting to the concealing or who knowing thereof shall not discover or declare to some of their Majesties Justices of the Peace the Arms Weapons Gunpowder or Ammunition of any person soe refuseing or makeing default as aforesaid or shall hinder or disturbe any person or persons authorized as aforesaid in searching for takeing and seizing the same shall be committed to the Common Gaole of the County or place where he shall committ such Offence by Warrant under the Hands and Seals of any two Justices of the Peace there to remaine without Baile or Mainprize for the space of three Months and shall alsoe forfeit and lose treble the value of the said Arms to their Majestyes and their Successors

VI. Persons discovering Arms.

Reward. Refusers taking the Declaration, Penalty discharged.

And bee it further enacted That if any person or persons shall discover any concealed Arms Weapons Ammunition or Gunpowder belonging to any refuseing or makeing default as aforesaid soe as the same may be seized as aforesaid for the use of their Majestyes and their Successors the Justices of the Peace upon delivery of the same at the generall Quarter Sessions as aforesaid shall have power and they are hereby required as a Reward for such a discovery by Order of Sessions to allow to him or them a Summe of Money amounting to the full value of the Arms Weapons Ammunition or Gunpowder soe discovered the said Summe to be assessed by the Judgment of the said Justices at their said Sessions and to be levyed by distresse and sale of the Goods of the person offending against this Act rendring the Overplus which shall arise by such sale above the said summe soe allowed and above the necessary Charges of takeing such distresse to the Owner Provided alwayes That if any person who shall have refused or made default as aforesaid shall desire to submitt and conforme and for that purpose shall present himselfe before the Justices of Peace at the Generall Quarter Sessions to be holden for the County Rideing Division or Liberty where his refuseall or makeing default as aforesaid shall be certifyed as aforesaid and shall there in open Court make repeate and subscribe the said Declaration contained in the said Act made in the said thirtyeth yeare of the Raigne of the said late King Charles the Second and take the severall Oathes contained in an Act made in this present Parlyament Intituled An Act for Removeing and Preventing all Questions and Disputes concerning the assembling and sitting of this present Parlyament He shall from thenceforth be discharged of and from all disabilities and forfeitures which he might or should be lyable to for the future by reason of his refusall or default as aforesaid

VII. Papists Horses above £5 Value forfeited.

And bee it further enacted That noe Papist or reputed Papist soe refuseing or makeing default as aforesaid at any time after the fifteenth day of May in the yeare of our Lord one thousand six hundred eighty nine shall or may have or keepe in his owne possession or in the possession of any other person to his use or at his disposition any Horse or Horses which shall be above the value of five pounds to be sold and that any two or more Justices of the Peace from time to time by Warrant under their Hands and Seals may and shall authorize any person or persons with the assistance of the Constable or his Deputie or the Tythingman or Headburrough when the Search shall be (who are hereby required to be aiding and assisting herein) to search for and seize for the use of their Majesties and their Successors all such Horses which Horses are hereby declared to be forfeited to their Majesties and their Successors

VIII. Concealing Papists Horses.

Penalty.

And bee it further enacted That if any person shall conceale or be aiding or assisting in the concealing any such Horse or Horses belonging to any Papist or reputed soe refuseing or makeing default as aforesaid after the said fifteenth day of May such person shall be committed to prison by such Warrant as aforesaid there to remaine without Baile or Maineprise by the space of three months and shall alsoe forfeit and lose to their Majestyes and their Successors treble the value of such Horse or Horses which value is to be setled as aforesaid.