« PreviousContinue »
such Accountant ought voluntarily to charge himself, and to be accountable to Her Majesty, Her Heirs or Successors, over and above the Sums which shall be contained in the Imprest
Rolls made forth by the Auditor of the Receipt, and Clerk of No Account to the Pells in the Exchequer; and that no Account of any Mobe allowed till
nies received, or to be received, by any such Paymaster (not examined by Auditor, &
being yet accounted for in the Exchequer) shall hereafter be declared by the Lord High Treasurer, or Commissioners of the Treasury, Chancellor, Under Treasurer, or Barons of the Exche. quer, for the Time being, until such Auditor fhall first certify in Writing, that he hath examined the said regimental or other particular Accounts respectively; any Custom or Usage to the con
trary notwithstanding. How Respit XLVI. Provided always, That all Monies faved or arising Money applied. by Respits may be applied as levy Money for recruiting the
several Regiments, Troops, and Companies in Her Majesty's Service, in such Manner, and in such Proportions, as Her Ma. jelty, the Lord High Treasurer, or Commiffioners of the Treafury, for the Time being, or the Captain General of Her Majesty's Forces, by Warrant under their Hands respectively, shall from Time to Time direct, as the whole Charge to the Publick for such Recruits, except for Men or Horses killed or taken by
the Enemy, or lost at Sea. How Debes XLVII. Provided always, and it is hereby declared and enacted owing for Quar. by the Authority aforesaid, That where any of the Invalids from ters by the Inva- the Hospital at Chelsea, or elsewhere, are or shall be quartered in any lids of Chelsea, Garison of this Kingdom, the Governor thereof having certified to Mall be paid.
the Paymaster of the Guards and Garisons for the Time being, the Debts owing in Quarters, or for Sublistence of fuch Invalid Officers and Soldiers in the said Garison, the faid Paymafter and Agent, in whose Hands the Pay doth or shall remain, are hereby respectively required, from Time to Time, to issue the Pay of such Invalid Officers and Soldiers to the said Governor, or his Order; and his Receipt thereof shall be a Discharge for the same to the said Paymaster and Agent respectively, and the faid Governor, within the Space of ten Days after his Receipt of the fame, shall, in the Presence of the said Officers and Soldiers respectively, pay or cause to be paid the respective Debts to the faid Quarters, and for the said Subfiftence, out of each respective Officer's and Soldier's Pay, and fhall also then pay the Surplus remaining (if any be) to each Officer and Soldier respectively; and every such Governor, upon producing to the Paymaster General the Certificate of the Chief Magistrate of the Place for the Payment of the faid Quarters, and of the Captain or other chief Officer of the Company of Invalids, for Payment of the Residue of the faid Money, thall be discharged thereof, without being returned or set infuper in the Exchequer for the Money so certified to be paid.
• XLVIII. And whereas several Persons convicted or attainted
of capital Felonies and Offences are thought fit to be reprieved s from Execution, in order to obtain their Pardon, upon Condi.
tion of being transported beyond the Seas, or as Persons fit to "serve Her Majesty in Her Army or Navy, and oftentimes lie in
Prison for a long Time in. Expectation of the pafling such ** Pardon under the Great Scal, and the pleading and allowing
• thereof in the usual Form of Law, to the great Charge and • Burthen of the County where they have been so convicted, • and afterwards detained in Prison:' For Remedy whereof, Be it enacted, That during the Continuance of this Act, on View Felons, & con. and Receipt of a Warrant under the Sign Manual of Her Ma. victed, how to jesty for preparing a Bill for passing a Pardon for such Offender be dealt with. or Offenders, or for inserting any such convicted Person in a Pardon after to be paffed, upon Condition of being transported beyond the Sens, or of lifting him or themselves in the Service of Her Majesty in Her Army or Navy, it shall and may be lawful to or for the Judge or Judges before whom any such Pardon (if passed) might be pleaded and allowed, and they are hereby required, upon such Warrant under the Sign Manual, to direct his or their Warrant to the Sheriff and Sheriffs, or Keeper of the Gaol or Prison where such Prisoner or Prisoners are detained in Prison (who are hereby required to yield Obedience to such Warrant) thereby directing the immediate Delivery of such Prisoner out of Custody, to be disposed of according to the Condition contained in such Warrant, under the Sign Manual, and directed to be inserted in such intended Pardon; and the Pardon, when Pardon to be pasled, shall be entred and inrolled in due Form of Law, and inrolled. Thall be to all Intents and Purposes of the fame Force and Effect, as if the fame had been by such Prisoner pleaded and allowed, after the passing thereof, under the Great Seal; any Law or Usage to the contrary thereof in any wise notwith. standing
XLIX. Provided always, and it is hereby further enacted by Forces in Ira the Authority aforesaid, That so much of this Ad as relates laud. to the punishing of Mutineers and Deserters, and such who shall receive such Deferters, and to Persons holding Correspondence with Her Majesty's Enemies, and no more, shall extend, to all Intents and Purposes whatsoever, to such Governors or other Officers in Garisons and Forces, as Her Majesty has now in Pay, or shall have in Pay, in Ireland, during the Continuance of this Act.
L. And be it further enacted by the Authority aforesaid, That if any Action, Bill, Plaint or Suit, shall be brought against any Person or Persons, for any Act, Matter or Thing, to be acted or done, pursuant to this Act, or against any Officer or Officers of Her Majesty, Her Heirs or Successors, concerned in any Matter relating to the Army, or Her Majesty's Naval Forces or Ships of War, or the providing for
or any their Deputy or Deputies, or against any other Person or Persons acting by Authority from, or in Aid or Assistance of, or by their Commandment, for or concerning any Matter, Cause or Thing by them done, by virtue or reason of their or any of their Office or Offices, that it shall be lawful to and for all and
Person and Persons aforesaid, to plead thereunto the General Issue, that General Ilue. he or they are Not Guilty, and to give such special Matter in Evidence to the Jury which thall try the Issue, which special Matter, being pleaded, had been a good and fufficient Matter in Law to have difcharged the said Defendant or Defendants of the Trespass, or other Matter laid to bis or their Charge: And that if the Verdiet fhall pass with the said Defendant or Defendants in any such Action, or the Plaintiff or Plaintiffs therein become
Nonsuit, or fuffer any Discontinuance thereof, that in every such
I3 & 14 W. 3. c. 6.
Abjuration ; and also for recapacitating and indemnifying
HEREAS by an A&t made in the thirteenth Year of the
Reign of His late Majesty King William the Third, intituled, An Aa for the further Security of His Majefty's Per. fon, and the Succession of the Crown in the Protestant Line ; and for extinguishing the Hopes of the pretended Prince of Wales, and all other Pretenders, and their open and secret Abetiors; and by one other Act made in the first Year of the Reign of Her
prefent Majesty, declaring the Alterations of the Oath in the • faid recited' Act contained, several of Her said Majesty's Sub
jects are obliged to take and subscribe the Oath therein men
tioned, by certain Times limited and appointed in the said « first recited Act, who have, through Ignorance or Mistake, or
by the not duly holding the Courts where the same ought to ' have been taken, or for some other such like Reasons, omitted
or neglected to take and subscribe the faid Oath, and are ' thereby subject and liable to the Disabilities, Incapacities and · Penalties in the said Acts contained ;' Be it therefore en. acted, &c. • Persons who ought to have taken the Oath, &c. may take the “ fame by 1 Aug. 1703, and be indemnified, and recapacitated,
I Ann. Srat. I. 4,22.
“ &c. § 1.
II. Provided always, That no Person or Persons, who by reason of any such Mistake, Neglect or Omislion, hath or have left or forfeited any Office, Benefice, Place, Dignity or Imploye ment whatsoever, to which any other Person or Persons hath or have been preferred or promoted, shall be restored to such Office, Benefice, Place, Dignity or Imployment; any Thing herein
contained to the contrary notwithstanding, Endeavouring to III. And for the further Security of Her Majesty's Perfon, hinder the next and the Succellion of the Crown in the Protestant Line, and ceffor (o the
for extinguishing the Hopes of the pretended Prince of Wales, Crown from sucand all other Pretenders, and their open and secret Abettors; Be ceeding, acit further enacted by the Authority aforesaid, That if any person cording to or Persons, at any 'Time after the first Day of March One thou- self.2.c.2. fand seven hundred and two, shall endeavour to deprive or hinder 12 & 13 W.3. any Person who shall be the next in Succession to the Crown c. 2. for the Time being, according to the Limitations in an Act, intituled, An Aa declaring the Rights and Liberties of the Subject, and festling the Succession of the Crown; and according to one other Act, intituled, An Ad for the further Limitation of the Crown, and better securing the Rights and Liberties of the Subject, from fucceeding after the Decease of Her Majesty (whom God long preserve to the Imperial Crown of this Realm, and the Dominions and Territories thereunto belonging, according to the Limitations in the before mentioned Acts; that is to say, Such Iflue of Her Majesty's Body as shall, from Time to Time, be next in Succession to the Crown, if it shall please God Almighty to bless Her Majesty with lffue; and during the Time Her Majelty shall have no issue, the Princess Sophia, Electores and Duchess Dowager of Hanover; and after the Decease of the said Princess Sophia, the next in Succession to the Crown for the Time being, according to the Limitation of the said Acts; and the fame malicioufly, advisedly and directly fhall attempt by any Overt-Act or Deed; every such Offence shall be adjudged High Treason, and the Offender or Offenders therein, High Treason. their Abettors, Procurers and Comforters, knowing the faid Offence to be done, being thereof convicted or attainted, accord. ing to the Laws and Statutes of this Realm, shall be deemed and adjudged Traitors, and shall suffer Pains of Death, and all Loffes and Forfeitures, as in Cases of High Treason.
IV. And be it further enacted by the Authority aforesaid, Personsin Office, That all and every Person and Persons that shall bear any Office &c. in Ireland tá or Offices, Military or Civil, or shall receive any Pay, Salary, take the Oatb, Fee or Wages, by reason of any Patent or Grant, from Her Majesty, or any of Her Majesty's Predeceffors, or shall have Command or Place of Trust from or under Her Majesty, or from any of Her Majesty's Predecessors, or by her or their Authority, or by Authority derived from her or them, within the Realm of Ireland, and all Ecclefiaftical Persons, and Master, Governor, Head or Felow of the College or University of Dublin, and all Persons teaching Pupils in the said University or elsewhere, and all School-masters and Ushers, and all Preachers and Teachers of separate Congregations, and every Person that shall a&t as a Serjeant at Law, Counsellor at Law, Barrister, Advocate, Attorney, Solicitor, Proctor, Clerk or Notary, practising in any Manner as such in any Court or Courts whatsoever, who shall inhabit, be or refide within the City of Dublin, or within thirty Miles of the same, on the first Day of Easter Term, which shall be in the Year of our Lord One thousand feven hundred and three, or at any Time during the said Term, small personally ap. pear before the End of the said Term, or in Trinity Term then next following, in Her Majesty's High Court of Chancery in that in any of the Kingdom, or in Her Majesty's Court of Queen's Bench, Com- Coutts there, mon Pleas or Exchequer there ; and shall then in publick and open Court, besween the Hours of nine of the Clock and twelve
in the Forenoon, take the Oath according to the Alterations thereof in the said two first mentioned Acts contained, unto
which Oath so taken, every such Person so taking the same, and subscribe his shall subscribe his Name, or make his Mark, and during the Name,
Time of taking such Oath, all Pleas and Proceedings in the said respective Courts shall cease ; and all and every the said respective Persons not having taken the said Oath, and subscribed the fame
as aforesaid, shall on or before the first Day of Auguft in the Year or at Quarter of our Lord One thousand seven hundred and three, at the General Seleons.
Quarter-Seffions for the County, Barony or Place in the said Kingdom of Ireland, where he or they shall be, inhabit or refide, on the twentieth Day of May in the Year of our Lord One thou. fand seven hundred and three, take the said Oath in open Court, between the said Hours of nine and twelve in the Forenoon, and
subscribe his Name or make his Mark under the same. Persone admitted
V. And be it further enacted by the Authority aforesaid, That into Office, &c. all and every Person and Persons that shall be admitted, entred, in Ireland, to placed or taken into any Office or Offices, Civil or Mi tary, or take the Oath, hall receive any Pay, Salary, Fee or Wages, by reason of any &c.
Patent or Grant from Her Majesty, or shall have Command or Place of Trust from or under Her Majesty, or by her Authority, or by Authority derived from her, within the said Realm of Ireland, after the first Day of Eafter Term aforesaid, shall take and subscribe the said Oath at the same Time that he or they shall take the Oaths, and make and subscribe the Declaration required and appointed to be taken, made and subscribed, by an Act made in the third
Year of the Reign of Their late Ma36.& M. 6. 2. jesties King William and Queen Mary, intituled, An Ad for the
abrogating the Oath of Supremacy in Ireland, and appointing other and all Eccle. Oaths; and all Ecclefiaftical Persons, every Mafter, Governor, fiaftical Persons, Head or Fellow of the College or University of Dublin, and all &C
Persons teaching Pupils in the said University or elsewhere, and all Schoolmasters or Ushers, and all Preachers and Teachers of feparate Congregations, and every Person who shall act as Serjeant at Law, Counsellor at Law, Barrister, Advocate, Attorney, Solicitor, Proctor, Clerk or Notary, by practising in any Manner as such, in any Court or Courts whatsoever, who shall, at any Time after the first Day of Easter Term aforesaid, be admitted unto or enter upon any of the before mentioned Preferments, Benefices, Offices or Places, or shall come into any such Capacity, or shall take upon him or thein any such Practice, Imployment or Business as aforesaid, shali, after he or they shall be admitted into or enter upon any such Preferment, Benefice, Office or Place, or come into such Capacity, or take upon him or them such Practice, Imployment or Business as aforesaid, take and subscribe the said Oath in the next Term in one of the said Courts, or at the next General Quarter-Sessions for the County, Barony or Place in the said Kingdom where he or they shall relide, after he or they shall be admitted into or enter upon any such Preferment, Benefice, Office or Place, or come into such Capacity, or take upon him or them such Practice, Imployment or Business as
aforesaid. Neglecting, &c. VI. And be it further enacted, That all and every the Person
and Persons aforesaid, that do or shall neglect or refuse to take the said Oath, and subscribe thereunto in the faid Courts and