William and Mary, 1692: An Act for reviving continuing and explaining several Laws therein mentioned [that] are expired and neare expiring. [Chapter XXIV. Rot. Parl. pt. 5. nu. 6.]

13, 14 Car. II. c. 20. continued for Seven Years.

Whereas diverse temporary Laws which by experience have been found useful and beneficial are neer expireing and some of them are already expired Therefore for continuing and reviving the same and explaining certaine Doubts hereafter menc[i]oned. Be it enacted by the King and Queens most excellent Majesties by and with the Advice and consent of the Lords Spiritual and Temporal and Co[m]mons in this present Parliament assembled and by the Authority of the same That an Act made in the Session of Parliament held in the Thirteenth and Fourteenth yeares of the Reigne of King Charles the Second entituled An Act for provideing Carriages by Land and by Water for the use of His [Majesties (fn. 2) ] Navy and Ordnance which was there by to have continuance and be in force until the end of the first Session of the next Parliament and no longer which said Act being expired was by one Act made in the first yeare of the late King James revived and was enacted to have continuance dureing the space of seven yeares from the foure and twentieth day of June in the yeare of our Lord One thousand six hundred eighty five and from thence to the end of the first session of Parliament then next ensueing shall be and is hereby continued and shall be in force dureing the space of seaven yeares from the thirteenth day of February One thousand six hundred ninety two and from thence to the end of the first Session of Parliament then next ensueing and no longer.

II. 18 Car. II. c. 5. continued by 25 Car. II. c. 8. § 1. and revived by 1 Jac. II. c. 7. continued for Seven Years.

And be it further enacted by the Authority aforesaid That an Act made in the eighteenth yeare of the Reigne of the late King Charles the second entituled An Act for encourageing of Coynage and continued by another Act made in the Five and twentieth yeare of the Reigne of the said late King Charles entituled An Act for continuing a former Act concerning Coynage both which [said (fn. 2) ] Acts were revived by an Act made in the first yeare of the Reigne of the late King James and were enacted to have continuance for the space of seven yeares to co[m]mence from the first day of August One thousand six hundred eighty five and until the end of the first Session [of (fn. 2) ] Parliament then next following shall be and are by virtue of this Act continued and shall be in force for the space of seaven yeares from the thirteenth day of February One thousand six hundred ninety two and from thence to the end of the first Session of Parliament then next following and no longer.

III. 22, 23 Car. II. c. 22. revived by 1 Jac. II. c. 17. § 11. made perpetual.

And whereas an Act of Parliament was made in the Session holden in the two and twentieth and three and twentieth yeares of the Reigne of the late King Charles the Second entituled An Act for the better and more certaine recovery of Fines and Forfeiture due to his Majestie Which said Act by an Act made in the first yeare of the Reigne of the late King James the Second was revived and enacted to be in force from the nineteenth day of May in the yeare of our Lord God One thousand six hundred eighty five and to have continuance for the space of seven yeares and from thence to the end of the next Session of Parliament And whereas the same hath been found by experience to bee a good and useful Law and much conduceing to the Service of the Crowne Be it enacted by the Authority aforesaid That the said Act and every Article Clause and Thing therein contained shall be in force and is hereby made perpetual.

IV. Oath to be given upon return of Estreats.

And be it further enacted by the Authority aforesaid That from henceforth all Clerks of the Court of Kings Bench Clerks of the Court of Co[m]mon Pleas Clerks of Assize Clerks of the Peace Towne Clerks Clerks of Sewers Clerks of the Marketts and others to whom it belongeth to make Returns of Estreats into the Court of Exchequer shall upon delivery in of all and every such Estreat and Estreats take the Oath following that is to say.

You shall sweare That these Estreats now by you delivered are truely & carefully made upp and examined and that all Fines Issues Amerciaments Recognizancs and Forfeitures which were sett lost imposed or forfeited and in right and due course of Law ought to be estreated in the Court of Exchequer are to the best of your knowledge and understanding therein contained And that in the same Estreats are alsoe contained and expressed all such Fines as have been paid into the Court from which the said Estreats are made without any wilfull or fraudulent Discharge Omission Misnomer or Defect whatsoever So help you God Which said Oath the Barons of the Court of Exchequer or any of them are and is hereby required and impowered to administer from time to time accordingly.

V. 22 & 23 Car. II. c. 26. continued by 1 Jac. II. c. 17. § 13. continued for Seven Years.

And be it further enacted by the Authority aforesaid That an Act made att the Session of Parliament holden in the s^d two and twentieth and three and twentieth years of the Reigne of ( (fn. 3) ) King Charles the Second entituled An Act to prevent the planting of Tobacco in England and for regulateing the Plantation Trade which by an Act made in the First yeare of the late King James was enacted to have continuance from the First day of the then p[re]sent Session of Parliament for seven yeares and from thence to the end of the next Session of Parliament shall by virtue of this Act continue and [shall (fn. 4) ] be in force for the space of seaven yeares from the said Thirteenth day of February One thousand six hundred ninety two and from thence to the end of the next Session of Parliament

VI. 19 Car. II. c. 12. continued by 1 Jac. II. c. 17. § 9. continued for Seven Years.

And be it further enacted That an Act made in the nineteenth yeare of the Reigne of the late King Charles the Second entituled An Act for assigneing Orders in the Exchequer without revocation which Act in the first yeare of the Reigne of the late King James the Second was enacted to be in force from the first day of the then present Session of Parliament and to continue for seven yeares and from thence to the end of the next Session of Parliam^t is hereby continued and shall be in force for the space of seven yeares from the thirteenth day of February One thousand six hundred ninety two and from thence to the end of the next Session of Parliament.

VII. 22 & 23 Car. II. c. 23. continued by 1 Jac. II. c. 17. § 12. continued for Seven Years.

And whereas an Act made att the Section of Parliam^t: holden in the said two and twentieth and three and twentieth yeares of the Reigne of the said late King Charles the Second entituled An Act to revive 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 first yeare of the late King James the Second enacted to be in force from the first day of the then present Session of Parliament for seven yeares and from thence to the end of the first Session of the next Parliament. Be it enacted That the said last menc[i]oed Act be continued and shall be in force for the space of Seven yeares from the Thirteenth day of February One thousand six hundred ninety two and from thence to the end of the next Session of Parliament.

VIII. 22 & 23 Car. II. c. 19. continued by 1 Jac. II. c. 17. § 10. recontinued for Seven Years, together with the said § 10.

And whereas an Act was made att the said Session of Parliament held in the two and twentieth and three and twentieth yeares of the Reigne of the said late King Charles the Second entituled An Act to prevent Frauds in the buying and selling of Cattell in Smithfeild and elsewhere which was thereby to continue in force from the Foure and twentieth day of June one thousand six hundred seventy one and from thence to the end of the next Session of Parliament And whereas the said Act being expired was afterwards by an Act made in the first yeare of the Reigne of the late King James the Second enacted to be in force from the Foure and twentieth day of June One thousand six hundred eighty five for seven yeares and from thence to the end of the next Session of Parliament Neverthelesse it was thereby provided That neither the said Act nor any thing therein contained should extend to Salesmen or Factors imployed by Farmers or Feeders. Be it enacted by the authority aforesaid That the said Act together with the said Proviso shall continue and be in force for the space of Seven yeares from the Thirteenth day of February One thousand six hundred ninety two and from thenc unto the end of the next Session of Parliament and no longer.

IX. 1 W. & M. Sess. 1. c. 32. continued for Three Years.

Wool not to be imported from Ireland to Exeter.

And be it further enacted That an Act made in the First yeare of their Majesties Reigne entituled An Act for the better preventing the Exportation of Wooll and encourageing the Woollen Manufacture of this Kingdom and every Clause Article and Thing therein contained (other then and except such part of the said Act as relates to the Free Exportac[i]on of the Woollen Manufacture) shall be and is hereby continued and shall be in force for the terme of three yeares from the Thirteenth day of February One thousand six hundred ninety two and from thence to the end of the next Session of Parliament and noe longer. [Provided always that no Wooll shall be imported from the Kingdom of Ireland into the Port of Exeter Any thing in this [Act (fn. 4) ] or in any former Act Statute or p[ro]vision to the contrary in any wise notwithstanding. (fn. 5) ]

X. 13 & 14 Car. II. c. 12. continued by 1 Jac. 11. c. 17. § 1. and continued by 3 W. & M. c. 11. § 1.

Recital that by 3 W. & M. c. 11. no Provision is made for the Continuance of other Acts herein mentioned.; 13 & 14 Car. II. c. 12.; (Exception) continued for Seven Years.

And whereas an Act made in the Thirteenth and Fourteenth yeares of the Reigne of King Charles the Second entituled An Act for the better relief of the Poor of this Kingdom was enacted to have continuance (except what related to the Corporac[i]ons therein menc[i]oed and thereby constituted) until the nine and twentieth day of May One thousand six hundred sixty five and from thence to the end of the first Session of the next Parliament which said Act by an Act made in the First yeare of the Reigne of the late King James (except as to what related to the Corporac[i]ons therein menc[i]oed and constituted thereby) was enacted to be in force from the first day of May One thousand six hundred eighty five and so to continue for the space of seven yeares and from thence to the end of the next Session of Parliament And whereas by an Act made in the last Session of this present Parliament the said last menc[i]oed Act (as to what ( (fn. 6) ) related to the settlement of the poor) was enacted to be in force from the First day of March One thousand six hundred ninety one but no provision was thereby made for continueing of diverse other parts of the said Act which by experience are found to be useful and beneficial [to (fn. 7) ] the publick. Be it enacted by the authority aforesaid That the said Act for the better relief of the Poor of this Kingdom as to all parts thereof not menc[i]oed and continued in and by the said Act made in the last Session of this present Parliament (other then and except what relates to the Corporac[i]ons, menc[i]oed in the said Act for the better relief of the Poor of this Kingdom and thereby constituted) shall be continued and shall be in force for the space of seven yeares from the Thirteenth day of February One thousand six hundred ninety two and from thence to the end of the next Session of Parliament and no longer.

XI. 30 Car. II. Stat. 1. c. 7. continued by 1 Jac. II. c. 17. § 14. made perpetual.

And be it further enacted by the authority aforesaid That an Act made in the Thirtieth yeare of the Reigne of King Charles the Second entituled An Act to enable Creditors to recover their debts of the Executors and Administrators of Executors in their owne wrong Which said Act in the First yeare of the Reigne of the late King James the Second was enacted to be in force from the First ( (fn. 8) ) of the then present Session of Parliament and to continue for Seven yeares and from thence to the end of the first Session of the then next Parliament shall be and is hereby continued and made perpetual.

XII. Devastavit lies against Executors, or Administrators of Executors, or Administrators by Right.

And forasmuch as it hath been a doubt whether the said Act did extend to any Executor or Executors Administrator or Administrators of any Executor or Administrator of Right who for want of privity in Law were not before answerable nor could be sued for the debts due from or by the first Testator or Intestate notwithstanding that such Executors or Administrators had wasted the Goods and Estate of the first Testator or Intestate or converted the same to his or their owne use. For remedy whereof Be it further enacted and declared by the authority aforesaid That all and every the Executor and Executors Administrator or Administrators of such Executor or Administrator of right who shall [wast (fn. 9) ] or convert to his owne use Goods Chattels or Estate of his Testator or Intestate shall from henceforth be liable and chargeable in the same manner as his or their Testator or Intestate should or might have been any Law or Usage to the contrary notwithstanding.

XIII. Recital of 3 W. & M. c. 9. § 6.

Women to have Benefit of Clergy once only.

And whereas by an Act made att the last Session of this present Parliament entituled An Act to take away Clergy from some Offenders and to bring others to punishment it was enacted in cases where a man being convicted of Felony might demand the benefitt of his Clergy a Woman convicted for such like Offence any praying the benefitt of that Statute should [not (fn. 9) ] have judgment of death given against her upon such conviction or execuc[i]on awarded upon any Outlary for such offence but should suffer the same punishment as a Man who hath the benefitt of his Clergy in the like case should suffer And whereas some doubt hath arisen upon the said Statute whether a Woman should have the benefitt thereof more then once. Be it therefore declared and enacted by the authority aforesaid That if any Woman hath been or att any time hereafter shall be convicted of any Felony for which a Man might have the benefitt of Clergy and upon her prayer hath once had or hereafter shall once have the benefitt of the said Statute and shall be again convicted of any other Felony for which a Man might have the benefitt of his Clergy such Woman shall be and is hereby totally excluded from having any benefitt or advantage of the said Statute but shall suffer pains of death in such and the same manner as if the said Statute had not been made.

XIV. 3 W. & M. c. 9. continued for Three Years.

And be it further enacted That the said last mentioned Act shall continue and in force for the space of three yeares from the Thirteenth day of February One thousand six hundred ninety two and from thence to the end of the next Session of Parliament and noe longer.

XV. 13 & 14 Car. II. c. 33. continued by 1 Jac. II. c. 17. § 15. continued for One Year.

And be it further enacted by the authority aforesaid That an Act made att the Session of arliament holden in the Thirteenth and Fourteenth yeares of the Reigne of the late King Charles the Second entituled An Act for preventing abuses in printing seditious tresonable and unlicensed Books and Pamphlets and for regulateing Printing and Printing Presses which was by an Act made in the First yeare of the [Raigne of the (fn. 9) ] late King James revived and enacted to have continuance from the Foure and twentieth day of June One thousand six hundred eighty five for the space of seven years and from thence to the end of the next Session of Parliament. Be it enacted by the authority aforesaid That the said Act be continued and ( (fn. 10) ) be in force for the space of one yeare from the Thirteenth day of February One thousand six hundred ninety two and from thence to the end of the next Session of Parliament and noe longer.

XVI. Recital that 16 & 17 Car. II. c. 3. is expired.

Jurors to have £10. per Annum.; Exception.; Jurors in Wales £6. per Annum.; Such Persons liable to serve.; Challenge of less Estate.; Issues to be duly estreated.

And whereas a certaine Act made att the Session of Parliament held in the Sixteenth and Seventeenth years of the Reigne of the late King Charles the Second entituled An Act for returning of able and sufficient Jurors is expired Be it enacted by the authority aforesaid That all Jurors (other then Strangers upon Tryals per medietatem [Lingue (fn. 11) ] who are to be returned for Tryals of Issues joyned in any of the Courts of Kings Bench Co[m]mon Pleas and Exchequer or before Justices of Assize or Nisi Prius Oyer and Terminer Goal Delivery or General Quarter Sessions of the Peace from and after the First day of May one thousand six hundred ninety three in any County of this Realme of England shall every of them have in their owne name or in trust for them within the same County Ten pounds by the yeare att least above reprizes of Freehold or Copyhold Lands or Tenements or of Lands and Tenements of Ancient Demesne or in Rents or in all or any of the said Lands Tenements or Rents in Fee Simple Fee Tale or for the Life of themselves or some other person And that in every County of the Dominion of Wales every such Juror shall then have within the same County Six pounds by the year att least in manner aforesaid above reprizes All which persons haveing such Estates as aforesaid are hereby enabled and made liable to be returned and serve as Jurors for the tryal of Issues before the Courts and Justices aforesaid Any Law or Statute to the contrary in anywise notwithstanding. And if any of a lesser Estate and Value shall be respectively returned upon any such Jury it shall be a good cause of challenge and the party returned shall be discharged upon the said challenge or upon his owne Oath of the truth of the said matter And that no Jurymans Issues makeing default shall be saved but by special Order of the Court or Judges before whom the Issue is to be tried for some reasonable cause proved upon Oath before the same Court or Judges And all such Issues shall be duely estreated and levied And the Writ of Venire facias which from and after the time aforesaid shall be awarded and directed for the impannelling of Juries in [cases (fn. 12) ] aforesaid within any County of England shall be after this Form.

Form of Venire.

Rex &c precipimus &c quod venire fac' coram &c Duodecem liberos & legales homines de Vicineto de A. quor' quilibet habeat Decem librat' Terre Tenementor' vel Redditum per Annum ad minus per quos &c. & qui nec &c.

Sheriff otherwise returning; Penalty £5.

And the residue of the said writ shall be after the ancient manner And that the Writts [which (fn. 13) ] shall be awarded and directed for the returning of Juries within the Dominion of Wales shall be made in the same manner altering only the Word Decem for Sex And that upon every such Writt or Writts of Venire facias the Sheriff Coroner and other Ministers of each respective County in England and Wales unto whom the makeing of the Pannell shall appertaine shall not returne in any such Pannell any Person unlesse hee shall then have Ten Pounds or Six Pounds respectively by the yeare att least as aforesaid in the same County where the issue is to be tried upon paine to forfeit for every Person being returned in any such Pannel that shall not then have Ten Pounds or Six Pounds respectively as aforesaid the sum[m] of Five Pounds to their Majesties their Heirs and Successors.

XVII. Sheriff returning without Six Days Summons, or excusing for Reward; Penalty £10.

And be it further enacted That noe Sheriff or Bailiff of any Liberty or Franchise or any of their or either of their Ministers shall returne any such Person or Persons as aforesaid to have been summoned by them or any of them unlesse such Person and Persons shall have been duely su[m]moned by the space of Six days att the least before the day on which they ought to make their appearance nor shall directly or indirectly take money or other Reward to excuse the appearance of any Juror by any of them to be sumoned or returned upon paine to forfeit for every such Offence the su[m]m of Ten Pounds to their Majesties their Heirs and Successors.

XVIII. Proviso for Boroughs, &c.

Saving neverthelesse to all Cities Boroughs and Towns Corporate their ancient usage of returning Jurors of such Estate and in such manner as heretofore has been used and accustomed Any thing in this Act contained to the contrary notwithstanding.

XIX. Proviso for Talesmen of £5.

Provided neverthelesse That it shall be lawfull to returne any Person to serve upon the Tales in any County within the Kingdom of England who shall have within the same County Five Pounds by the yeare above Reprizes in manner aforesaid and not otherwise.

XX. Welsh Tales £3. per Annum.

Provided neverthelesse That it shall be lawfull to returne any Person to serve upon the Tales in any County within the Dominion of Wales who shall have within the same County Three Pounds by the yeare above Reprizes in manner aforesaid and not otherwise.

XXI. Officer taking Fee for returning any Tales.

Penalty £10.

And be it further enacted by the Authority aforesaid That no Fee or Reward whatsoever shall bee taken by any Sheriff Clerk of Assizes or any other Officer or Person whatsoever for the returneing of any Tales or upon the account of any Tales returned upon paine of forfeiture for every such Offence the su[m]m of Ten Pounds whereof one moiety to be to the use of the Prosecutor and the other moiety to the use of Their Majesties their Heires and Successors to be recovered by Action of Debt Bill Plaint or Informac[i]on wherein noe Essoign Protection or Wager of Law or more then one Imparlance shall be allowed.

XXII. Non ponend' grantable upon Oath only.

And be it further enacted That noe Writt de non ponendis in Assissis et Juratis shall be hereafter granted unlesse upon Oath made that the suggestions upon which the said Writt is granted are true.

XXIII. Continuance of Act as to Return of Jurors.

And be it enacted that soe much of this present Act as does relate to the returning of Jurors shall be in force for the space of three yeares from the said first day of May One thousand six hundred ninety three and from thence to the end of the next Session of Parliament.