Statutes of the Realm: Volume 7, 1695-1701. Originally published by Great Britain Record Commission, s.l, 1820.
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Refusing to take the Oaths of 1 W. & M. c. 8. or to appear to have the said Oaths tendered to them,
Penalty; Persons tendering Oaths, to record the Names, &c. of Persons refusing to take them, or not appearing, and to certify the same to Justices of Assize, &c. who are to estreat and certify to the Court of Exchequer.
Whereas the Welfare and Safety of this Kingdom and the Reformed Religion do next under God intirely depend upon the Preservation of Your Majesties Royal Person and Government which by the mercifull Providence of God of late have been delivered from the bloody and barbarous Attempts of Traytors and other Your Majesties Enemies who there is just Reason to believe have been in great measure encouraged to undertake and prosecute such their wicked Designs partly by Your Majesties great and undeserved Clemency towards them and partly by the want of a sufficient Provision in the Law for the securing Offices and Places of Trust to such as are well affected to Your Majesties Government and for the repressing and punishing such as are knowne to be disafected to the same For Remedy whereof may it please Your Majesty that it may be enacted and be it enacted by the Kings most Excellent Majestie by and with the Advice and Consent of the Lords Spiritual and Temporal and Com[m]ons in this present Parliament assembled and by the Authority of the same That from and after the First day of May One thousand six hundred ninety six all and every Person and Persons who shall refuse to take the Oaths mentioned and appointed to be taken in an Act of Parliament made in the First Yeare of the Reigne of His present Majestie and the late Queen of Blessed Memory intituled An Act for the abrogating [of (fn. 1) ] the Oaths of Supremacy and Allegiance and appointing other Oaths or either of them when tendred to him or them by any Persons lawfully authorized to administer or tender the same or shall refuse or neglect to appeare when lawfully su[m]moned in order to have the said Oaths tendred to him or them shall until he or they have [duly (fn. 1) ] taken the said Oaths be liable to incurr forfeit pay and suffer all and every the Penalties Forfeitures Su[m]ms of Money Disabilities and Incapacities which by the Laws and Statutes of this Realme now in Force or any of them are inflicted upon Popish Recusants duely convict of Recusancy And that for the better and more orderly levying and answering the said Penalties and Forfeitures to His Majesty His Heirs and Successors the Persons so tendring the said Oaths shall upon every such Refusal or Default of Appearance as aforesaid record and enter in Parchment the Christian and Sirnames and the Place of Abode of the Person or Persons so refusing or not appearing as aforesaid to take the said Oaths or either of them together with the time of such Tender and Refusal or Default of Appearance and shall deliver and certifie the said Record or Entry to the Justices of Assize Justices of Oyer and Terminer or Goal Delivery att their next Session within the same County who shall forthwith estreate and certifye the same into His Majesties Court of Exchequer to be there entred of Record to the end that the said Court of Exchequer may thereupon award and issue such Processe against the Lands and Goods of the said Person or Persons mentioned in such Estreat or Certificate as may by the Laws and Statutes of this Realme be awarded and issued against the Lands or Goods of a Popish Recusant Convict.
II. Publishing, &c. that His Majesty is not rightful King, or that the late King James or the pretended Prince of Wales hath any Right to the Crown, &c.
Premunire, 16 R. II. c.5.
And be it further enacted by the Authority aforesaid That if any Person or Persons shall from and after the said First Day of May maliciously by writing printing preaching teaching or advised speaking utter publish or declare that His present Majesty is not the lawfull and rightfull King of these Realms or that the late King James or the [pretended (fn. 1) ] Prince of Wales hath any Right or Title to the Crown of these Realms or that any other Person or Persons [hath or (fn. 1) ] have any Right or Title to the same otherwise than according to an Act of Parliament made in the First Yeare of the Reigne of His present Majesty and the late Queen intituled An Act declaring the Rights and Liberties of the Subject and settling the Succession of the Crown such Person or Persons being thereof lawfully convicted shall incurr the Danger and Penalty of Premunire mentioned in the Statute of Premunire made in the Sixteenth Yeare of the Reigne of King Richard the Second.
III. Recital of the Association.
And whereas for the better Preservation of His Majesties Royal Person and Government against the aforesaid wicked and traiterous Designs upon a full Discovery thereof great Numbers of His Majesties good Subjects have entred into and subscribed an Association in the Words following vizt.
Whereas there has been a horrid and detestable Conspiracy formed & carried on by Papists and other wicked and traiterous Persons for assassinating His Majesties Royal Person in order to incourage an Invasion from France to subvert our Religion Laws and Liberty Wee whose Names are hereunto subscribed doe heartily sincerely and solemnly professe testifie and declare That His present Majesty King William is rightfull and lawfull King of these Realmes And wee doe mutually promise and engage to stand by and assist each other to the utmost of our Power in the Support and Defence of His Majesties most Sacred Person and Government against the late King James and all his Adherents And in case His Majesty come to any violent or untimely Death (which God forbid) Wee doe hereby further freely and unanimously oblige ourselves to unite [associate (fn. 2) ] and stand by each other in revenging the same upon His Enemies and their Adherents and in supporting and defending the Succession of the Crowne according to [an (fn. 2) ] Act made in the First Yeare of the Reigne of King William and Queen Mary entituled An Act declaring the Rights and Liberties of the Subject and settling the Succession of the Crowne.
The said Association to stand.
Be it therefore declared and enacted by the Authority aforesaid That the said Association so entred into and subscribed and every Part thereof was is and shall stand remaine and be good and lawfull to all Intents Constructions and Purposes whatsoever according to the true Meaning Intent and Purport of the same.
IV. Commissioners of Public Accounts, and other Persons holding Offices under the Crown,
to appear as herein mentioned, and subscribe the said Association.
And be it further enacted by the Authority aforesaid That the Co[m]missioners appointed by an Act of this present Parliament for the takeing examining and stating the publick Accounts and all and every Person or Persons that shall beare any Office or Offices Civil or Military, or shall receive any pay Salary Fee or Wages by reason of any Patent or Grant from His Majesty or shall have Co[m]mand or Place of Trust from or under His Majesty or from any of His Majesties Predecessors or by His or Their Authority or by Authority derived from Him or Them within the Realme of England Dominion of Wales or Towne of Berwick upon Tweed or in His Majesties Navy or in the several Islands of Jersey and Guernsey or shall be of the Household or in the Service or Imployment of His Majesty or of His Royal Highnesse Prince George or Her Royal Highnesse the Princesse Anne of Denmark who shall inhabit or reside or be within the Cities of London or Westminster or within Thirty Miles distant from the same on the First Day of Easter Terme which shall be in the Yeare of our Lord One thousand six hundred ninety and six or att any time dureing the said Terme all and every the said Person and Persons shall personally appeare before the End of the said Terme or Trinity Terme next following in His Majesties High Court of Chancery or in His Majesties Court of Kings Bench and there in publick and open Court between the Hours of Nine of the Clock and Twelve in the Forenoon subscribe the aforesaid Association And dureing the time of subscribing thereof by the said Person and Persons all Pleas and Proceedings in the said respective Courts shall cease And that all & every of the said respective Persons and Officers not haveing signed the [s[ai]d (fn. 2) ] Association in the said respective Courts as aforesaid shall on or before the First Day of August One thousand, six hundred ninety and six att the Quarter Sessions for that County Riding Liberty or Place where he or they shall be inhabitt or reside on the First day of July One thousand six hundred ninety six subscribe the said Association in open Court between the said Houres of Nine and Twelve of the Clock in the Forenoon.
V. Persons admitted, &c. into any Office, Civil or Military, or receiving Pay, &c. under Patent, or Grant from the Crown, &c. to subscribe the said Association at the same Time that they make and subscribe the Declaration of 25 Car. II. c. 2.
And be it further enacted by the Authority aforesaid That all and every Person and Persons that shall be admitted entred placed or taken into any Office or Offices Civil or Military or shall receive any Pay Salary Fee or Wages by reason of any Patent or Grant of His Majesty or shall have Co[m]mand or Place of Trust from or under His Majesty or by His Authority or by Authority derived from Him within this Realme of England Dominion of Wales or Towne of Berwick upon Tweed or in His Majesties Navy or in the several Islands of Jersey & Guernsey or that shall be admitted into any Service or Imployment in His Majesties Household or Family after the First Day of Easter Terme aforesaid all and every such Person or Persons shall subscribe the said Association att the same time that hee or they shall make and subscribe the Declaration mentioned in a Statute made in the Five and twentieth Yeare of King Charles the Second intituled An Act for preventing Dangers from Popish Recusants.
VI. Persons neglecting, &c. to subscribe the Association, disabled.
And be it further enacted by the Authority aforesaid That all and every the Person or Persons aforesaid that do or shall neglect or refuse to subscribe the said Association in the said Courts and Places & att the respective times aforesaid shall be ipso facto adjudged incapable and disabled in Law to all intents and purposes whatsoever to have occupy or enjoy the said Office or Offices Imployment or Imployments or any part of them or any Matter or Thing aforesaid or any Profitt or Advantage appertaining to them or any of them and every such Office and Place Imployment and Imployments shall be void and is hereby adjudged void.
VII. Persons who have neglected, &c. to subscribe the said Association, and yet executing Offices,
And be it further enacted That all and every such Person or Persons that shall neglect or refuse to subscribe the said Association within the times and in the Places aforesaid and in the manner aforesaid and yet after such Neglect or Refusal shall by him or themselves his or their Deputy or Trustee execute any of the said Offices or Imployments after the said Times expired wherein he or they ought to have subscribed the same and being thereof lawfully convicted hee or they so executing any of the said Offices or Imployments shall incurr and be subject to such Forfeitures and Penalties as if hee or they had neglected or refused to make and subscribe the said Declaration in the said last recited Act mentioned the same to be recovered in such manner as in and by the said Act is appointed.
VIII. Courts of Justice herein mentioned may tender the said Association for Subscription. Register of Subscription kept.
And further it shall and may bee lawfull to and for the respective Courts aforesaid to tender the said Association to the Person and Persons aforesaid in manner as aforesaid And upon due tender of any such Person or Persons to subscribe the said Association the said Courts are hereby required and enjoyned to admitt thereof Of which Subscription there shall be the like Register kept as by the said last mentioned Statute is directed to be kept of the Subscribing the Declaration therein mentioned.
IX. In what Case Persons who have forfeited Office by neglecting, &c. to subscribe, may hold the same again.
Provided always That any Person who by Neglect or Refusal according to this Act shall lose or Forfeit any Office may be capable of a new Grant of the said Office or of any other and to have and hold the same again such Person subscribing the said Association in such manner as aforesaid so as such Office be not granted to and actually enjoyed by some other Person att the time of the regranting thereof.
X. Limitation of Information for Words spoken.
Two Witnesses necessary to Conviction.
Provided alwayes and be it enacted by the Authority aforesaid That no Person shall be prosecuted by virtue of this Act for any Words spoken unlesse the Informac[i]on of such Words be given upon Oath to One or more Justice or Justices of the Peace within Three days after such Words spoken and the Prosecution of such Offence be within Three Months after such Information And that no Person shall be convicted by virtue of this Act but upon the Oaths of Two credible Witnesses for any such Words spoken Any thing in this Act to the contrary in any wise notwithstanding.
XI. Proviso for Quakers making and subscribing Declaration of Fidelity of 1 W.& M. c. 18. and proving themselves to be Quakers.
Provided always and bee it enacted by the Authority aforesaid That such of the Dissenters from the Church of England called Quakers who scruple the taking any Oath as shall make and subscribe the Declaration of Fidelity mentioned in an Act made in First Yeare [of the Reigne (fn. 3) ] of His present Majesty and the late Queen Mary intituled An Act for exempting Their Majesties Protestant Subjects dissenting from the Church of England from the Penalties of certaine Laws and shall produce such Witnesses and Certificates as are by the said Act required proving themselves to be of the said People called Quakers and shall alsoe owne King William to be rightfull and lawfull King of these Realms shall and are hereby exempted from the Penalties and Forfeitures provided by this Act for such as shall refuse to take the Oaths to His Majesty.
XII. Persons in the Service of Prince and Princess of Denmark to subscribe the said Association.
And be it further enacted That all and every Person and Persons who shall be admitted or placed or entred into any Service or Imployment in His Royal Highnesse Prince George or Her Royal Highnesse the Princesse Anne of Denmarks Family or Household after the said last Day of Easter Terme next in the Yeare of our Lord One thousand six hundred ninety six shall in the next Terme after such their Admission placing or entring into such Service or Imployment subscribe the said association in His Majesties High Court of Chancery or in the Court of Kings Bench between the Houres of Nine and Twelve in the Forenoon in such manner as aforesaid or att the next General Quarter Sessions of the Peace to be held for such County Riding or Liberty where such Person or Persons shall inhabitt att the Time of such their Admission or placing in such Service or Imployment and in default of such Subscription shall be liable to the like Penalties and Incapacities as are before inflicted on such as shall execute Offices without subscribing the said Association.
XIII. Proviso for Persons in His Majesty's Service in the Fleet or beyond Sea.
Provided always That nothing herein contained shall be construed to extend to any Person in His Majesties Service on Board the Fleet or beyond the Seas or that shall go beyond the Seas in His Majesties Service before the Five and twentieth Day of May One thousand six hundred ninety six so as such Person subscribe the said Association according to the Appointment of this Act within Three Months after his Returne into England.
XIV. Proviso for Pardon of Penalties, &c. under the Privy Seal.
Provided always and be it enacted by the Authority aforesaid That all or any the Pains Penalties or Disabilities to be incurred by any Person or Persons as Popish Recusants Convict by virtue of this Act for not taking the Oaths aforesaid may be pardoned remitted or discharged by the Kings Majesty His Heires or Successors under the Privy Seale Any thing in this Act to the contrary thereof in any wise notwithstanding.
XV. After the Determination of the present Parliament, Members taking the Oaths, &c. of 1 W. & M. c. 8. to subscribe the said Association. Refusing, disabled to sit.
And be it enacted by the Authority aforesaid That from and after the Determination of this present Parliament every Person that shall hereafter be chosen a Member of the House of Co[m]mons when hee takes the Oath and subscribes the Declaration according to an Act made in the First Yeare of King William and Queen Mary shall alsoe att the same time subscribe the Association in this Act prescribed And that every Person refuseing so to doe shall bee adjudged and is hereby declared to bee uncapable and disabled in Law to all Intents and Purposes whatsoever to sitt in the said House of Co[m]mons or give any Voice therein dureing that Parliament And that in such case a new Writt or Writts shall issue out of the High Court of Chancery by Warrant or Warrants from the Speaker of the House of Co[m]mons for the time being and by Order of the said House for the Election of a new Member or Members to serve in the House of Commons in the Place or Places of such Member or Members soe disabled to all Intents and Purposes as if such Member or Members were naturally dead.
XVI. English Subjects returning from France without Leave, under Sign Manual,
And for preventing of Traiterous Correspondence & Co[m]merce with the French King or his Subjects Bee it enacted by the Authority aforesaid That if dureing the present Warr betweene His Majesty and the French King any Person or Persons being His Majesties Subjects shall from and after the First Day of May in the Yeare of oure Lord One thousand six hundred ninety six voluntarily come or returne from France or any of the French Kings Dominions in Europe into England or any of His Majesties Dominions in Europe without His Majesties Leave under His Sign Manual for that Purpose first had and obtained and be thereof convicted by due Course of Law every Person soe offending shall be taken deemed and adjudged to be guilty of High Treason and shall suffer such Penalties as in Case of High Treason and shall and may be indicted and tryed for the same in such County of this Realme as His Majesty by his Commission under the Great Seale shall appoint.
XVII. English Subjects returned from France since 29th Sept. 1695, without Licence under 3 W. & M. c. 13. to surrender
themselves and take the Oaths of 1 W.& M. c.8. and give Security for good Behaviour; or otherwise not having Licence to continue, to depart the Kingdom and not return during the War with France, without Licence. Refusing to surrender, &c. or returning, Premunire.
And be it further enacted by the Authority aforesaid That all and every of His Majesties Subjects who att any time since the Nine and twentieth day of September in the Yeare One thousand six hundred ninety five have or hath returned out of France or any of the French Kings Dominions into any of His Majesties Dominions in Europe without Licence first had and obtained from His Majesty according to the Act made in the Third and Fourth Yeares of Their said Majestyes Reigne intituled An Act against corresponding with Their Majesties Enemies shall on or before the last day of May One thousand six hundred ninety six surrender him her or themselves to one of His Majesties Principal Secretaries of State for the time being or to the Chief Justice of the Court of Kings Bench or to the Chief Justice of the Court of Co[m]mon Pleas and take the Oaths mentioned in an Act made in the First Yeare of the Reigne of His present Majesty and the late Queen Mary intituled An Act for the abrogating of the Oaths of Supremacy and Allegiance and appointing other Oaths and give Security for their good Behaviour for One Yeare thence to come or shall enter into and give such Security as the said Secretaries and Chief Justices respectively shall think fitt to require that he she or they unlesse licensed to continue here by His Majesty under His Sign Manual shall within Twenty Days depart this Kingdom and not returne into the same or any of His Majesties Dominions in Europe dureing the Con[t]tinuance of the Warr with the French King without such Licence as aforesaid And in case any of His Majesties said Subjects shall neglect or refuse to surrender him her or themselves and to take the said Oaths and to give such Security for their good Behaviour or shall not depart this Kingdom accordingly or shall returne into this Kingdom or any His Majesties Dominions aforesaid dureing the co[m]ntinuance of the War aforesaid without such Licence as aforesaid every Person so neglecting refusing or returning shall incurr the said Danger and Penalty of Premunire.
XVIII. Persons refusing the Oaths of 1 W. & M. c. 8. or, being Quakers, refusing to subscribe the Declaration of Fidelity of 1 W. &M. c. 18. which may be administered by Sheriff, &c. at Poll, not admitted to vote.
And be it further enacted by the Authority aforesaid That no Person who shall refuse to take the Oaths directed by an Act made in the First Yeare of the Reigne of His present Majesty and the late Queen Mary intituled An Act for abrogating of the Oaths of Supremacy and Allegiance and appointing other Oaths or being Quakers shall refuse to subscribe the Declaration of Fidelity directed by one other Act of Parliament made in the said First Yeare of the Reigne of His present Majesty and the late Queene intituled An Act for exempting Their Majesties Protestant Subjects dissenting from the Church of England from the Penalties of certaine Laws (which Oaths and Subscription respectively the Sheriff or Chief Officer, taking the Poll att any Election of Members to serve in Parliament att the request of any one of the Candidates are hereby impowered and required to administer) shall be admitted to give any Vote for the Election of any Knight of the Shire Citizen Burgesse or Baron of the Cinque Ports to serve in Parliament.
XIX. Persons committed for High Treason before the last Day of Trinity Term 1696, may be detained without Bail until 1st Dec. 1696, unless bailed by Order of Council.
And be it further enacted by the Authority aforesaid That it shall and may be lawfull to detaine in Custody without Bayl or Maynprize any Person who is or shall before the last day of Trinity Terme One thousand six hundred ninety six bee co[m]mitted upon Information upon Oath against him for High Treason until the First day of December One thousand six hundred ninety six unlesse such Person should bee sooner bailed by Order of Councell signed by six of His Majesties Privy Council Any Law or Statute to the contrary notwithstanding.
XX. 1 W.&M. Sess. 2. c. 2.
No Commission, Civil or Military, to cease by the. Demise of the King, save as herein mentioned.
And for the better securing of the Succession of the Crowne in such manner as in and by an Act made in the First Yeare of the Reigne of King William and Queen Mary intituled An Act declaring the Rights and Liberties of the Subject and settling the Succession of the Crowne is provided limited and appointed Be it further enacted by the Authority aforesaid That no Co[m]mission either Civil or Military shall cease determine or be void by reason of the Death or demise of His present Majesty or of any of His Heires or Successors Kings or Queens of this Realme but that every such Co[m]mission shall bee continue and remaine in full force and virtue for the space of Six Months next after any such Death or Demise unlesse in the meane Time superseded determined or made void by the next and i[m]mediate Successor to whom the Imperial Crowne of this Realme according to the Act of Settlement herein before mentioned is limitted and appointed to go remaine or descend.
XXI. This Act, concerning the Subscription of the Association, not to make void
Offices of Inheritance in Fee Simple, &c. so as the Persons holding such Offices appoint Deputies until the Persons having such Offices subscribe the Association, and so as such Deputies subscribe the same and be approved by the King.
( (fn. 4) ) Provided that this Act concerning the subscribing the said Association shall not be extended or interpreted to extend to make void and take away any Office of Inheritance in Fee Simple or in Fee Tayle or any Salary or Profitt for executing the said Office that shall be enjoyed by any Person or Persons that shall neglect or refuse to subscribe the Association att such Times and in such Manner as aforesaid neverthelesse so as such Person or Persons having or enjoying any such Office or Offices of Inheritance do or shall substitute and appoint his or their sufficient Deputy or Deputyes (which such Officer or Officers respectively are hereby impowered from time to time to make or change Any former Law or Usage to the contrary notwithstanding) to exercise the said Office and Offices until such time as the Person or Persons having such Office or Offices shall voluntarily, in the Court of Chancery before the Lord Chancellor or Lord Keeper for the time being or in the Court of Kings Bench subscribe the Association and so as all and every the Deputy and Deputies so as aforesaid to be appointed, do subscribe the said Association in manner as by this Act such Officers whose Deputies they be are appointed to do and so as such Deputies be from time to time approved of by the Kings Majesty under His Privy Signet.