Statutes of the Realm: Volume 7, 1695-1701. Originally published by Great Britain Record Commission, s.l, 1820.
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Persons in Prison 20th Feb. 1695 or after, on Suspicion of Treason; &c. may be detained until 1st Sept. 1696.
Whereas there has been a most horrid barbarous and detestable Conspiracy formed and carried on by Papists and other wicked and traiterous Persons for assassinating His Majesties Royal Person in order to the incouraging an intended Invasion from France to the utter Ruine and Subversion of the Protestant Religion and the Laws and Liberties of this Kingdom Wherefore for the better Preservation of His Majesties Sacred Person and for securing the Peace of this Kingdom in this time of imminent Danger against all Attempts and Traiterous Conspiracies of Evil disposed Persons Bee it enacted by the Kings [most (fn. 1)] Excellent Majestie by and with the Advice and Consent of the Lords Spiritual and Temporal and the Commons in this present Parliament assembled and by the Authority of the same That every Person or Persons that shall bee in Prison within the Kingdom of England Dominion of Wales and Towne of Berwick upon Tweed att or upon the Twentieth Day of February in the Yeare of our Lord One thousand six hundred ninety and five or after by Warrant of His said Majesties most Honorable Privy Council signed by Six of the said Privy Council for Suspicion of High Treason or treasonable Practices or by Warrant signed by either of His Majesties Secretaries of State for such Causes aforesaid may bee detained in safe Custody without Bail or Mainprize until the First Day of September in the [Yeare (fn. 1)] of our Lord One thousand six hundred ninety and six And that noe Judge or Justice [or Court of Justice (fn. 2)] shall bail or try any such Person or Persons soe committed without Order from His said Majesties Privy Council signed by six of the said Privy Council till the said First Day of September Any Law or Statute to the contrary notwithstanding.
II. Person so committed to have the Benefit of State.31 C. II. c. 2. and of all other Laws for the Liberty of the Subject.
Provided always That from and after the said First Day of September the said Persons soe committed shall have the Benefitt and Advantage of an Act made in the One and thirtieth Yeare of King Charles the Second intituled An Act for the better securing the Liberty of the Subject and for Prevention of Imprisonment beyond the Seas and alsoe of all other Laws and Statutes any way relating to or providing for the Liberty of the Subjects of this Realme And that this present Act shall continue until the said First Day of September and noe longer.
III. Proviso for Privileges of Parliament.
Provided always and bee it enacted That nothing in this Act shall bee construed to extend to the ancient Rights and Priveledges of Parliament or to the Imprisonment or Detaining of any Member of either House of Parliament until the Matter of which hee stands suspected bee first communicated to the House of which hee is a Member and the Consent of the said House obtained for his Committment or Detaining.
Lieutenants of Counties and their Deputies may, by Warrant under Hand and Seal, employ Persons to search for and seize and detain Horses of £ 5 Value and upwards belonging to suspected Persons; and Owner liable to Innkeeper for Keep of such Horses at a Rate herein mentioned; Hours at which such Search may be made; In case of Resistance Persons may enter by force, and Horses may be used in case of Invasion, &c.
And forasmuch as it may bee very expedient that Persons that may bee suspected to bee disafected to His Majesties Government should bee disabled from effecting any of their wicked Purposes and Designs in this time of common Danger Bee it enacted by the Authority aforesaid That the respective Lieutenants or Two or more of their Deputies of all the Counties of this Kingdom Dominion of Wales and Towne of Berwick upon Tweed shall and are hereby enabled and authorized from time to time until the First Day of September One thousand six hundred ninety six by Warrant under their Hands and Seales to employ such Person or Persons as they shall think fitt (of which a Commission Officer of the Militia and the Constable or his Deputy or the Tythingman or some other Person bearing Office in the Parish or Towne where the Search shall bee shall bee Two) to search for and seize all Horses of the value of Five Pounds or upwards in the Custody or Possession or belonging to any Person or Persons whom the said Lieutenants or any Three or more of their Deputies shall judge to bee dangerous to the Peace of the Kingdom and thereof give an Account to such Lieutenants or their Deputies which said Horses may bee kept and detained for any time not exceeding Three weeks unlesse by direction under the hand of Six of His Majesties most Honorable Privy Council they are required to bee kept longer And if any such Horses soe seized bee putt into the possession of any Hostler or Innkeeper the Owner thereof shall bee lyable to pay the said Hostler or Innkeeper for the Meat or Keeping of such Horse or Horses not exceeding Four Shillings a Week for each Horse for which the Hostler or Innkeeper may detain and keep the said Horse or Horses and sell the same rendring the Overplus to the Owner thereof or otherwise have his Action against the Owner thereof Provided that noe such Search bee made but between Sun-riseing and Sun-setting other than in Cities and their Suburbs and Towns Corporate and Markett Townes and Houses within the Bills of Mortality where it shall bee lawfull to search in the Night time by Warrant as aforesaid if the Warrant shall soe direct And in all Cases of Resistance in any Search to enter by Force And all Horses soe seized dureing the time they may bee detained by virtue of this Act may in case of Invasion or Insurrection and not otherwise bee imployed by His Majestie within this Kingdome against his Enemies.
V. Proviso as to Breeding Mares.
Provided always That nothing in this Act shall extend or bee construed to extend to give any Power to take or seize any Breeding Mare in Fole or having a Colt att her Foot or Colts under Three yeares old.