Advice and Confent of the Lords Spiritual and Temporal, and Commons, in Parliament affembled, and by the Authority of the fame,

THAT whofoever fhall hereafter come to the Poffeffion of

this Crown, fhall join in Communion with the Church of England, as by Law established.'

That in cafe the Crown and Imperial Dignity of this Realm 'fhall hereafter come to any Perfon, not being a Native of this Kingdom of England, this Nation be not obliged to engage in any War for the Defence of any Dominions or Territories which do not belong to the Crown of England, without the • Confent of Parliament.'

That no Perfon who fhall hereafter come to the Poffeffion of this Crown, fhall go out of the Dominions of England, Scotland, or Ireland, without Confent of Parliament.' [Repealed, 1 G. 1. Stat. 2. c. 51.]

That from and after the Time that the further Limitation by this Act fhall take Effect, all Matters and Things relating to the well governing of this Kingdom, which are properly cognizable in the Privy Council by the Laws and Cultoms of this Realm, shall be tranfacted there, and all Refolutions taken thereupon fhall be figned by fuch of the Privy Council as fhall advise ⚫ and confent to the fame.' [Repealed 4 Ann. c. 8. § 24.]

That after the faid Limitation fhall take Effect as aforefaid, 'no Person born out of the Kingdoms of England, Scotland or • Ireland, or the Dominions thereunto belonging (although he be naturalized or made a Denizen, except fuch as are born of English Parents) fhall be capable to be of the Privy Council, or a Member of either Houfe of Parliament, or to enjoy any Office or Place of Truft, either Civil or Military, or to have any Grant of Lands, Tenements or Hereditaments from the Crown, to himself or to any other or others in Trust for him.' [Explained and enforced 1 G. 1. Stat. 2. c. 4. §2.]

That no Perfon who has an Office or Place of Profit under the King, or receives a Penfion from the Crown, fhall be capable of ferving as a Member of the Houfe of Commons." [Repealed by 4 Ann. c. 8. § 25. See as to fuch Incapacity in refpe& of certain Offices, 6 Ann. c. 7. § 25-28. As to Penfions for Years, 1 G. 1. Stat. 2. c. 56. and as to Places, 41 G. 3. (U.K.) c. 52. §9.]

That after the faid Limitation fhall take Effect as aforefaid, Judges Commiffions be made Quandiu fe benegefferint, and their Salaries afcertained and established; but upon the Address of both Houses of Parliament it may be lawful to remove them.' [Rendered more effe&ual, 1 G. 3. c. 23.]

That no Pardon under the Great Seal of England be pleadable to an Impeachment by the Commons in Parliament.

IV. And whereas the Laws of England are the Birth-right of the People thereof, and all the Kings and Queens, who fhall afcend the Throne of this Realm, ought to adminifter the Government of the fame according to the faid Laws, and all their Officers and Minifters ought to ferve them refpectively according to the fame:' The faid Lords Spiritual and Tem poral, and Commons, do therefore further humbly pray, That all

the

eftablished Reli

the Laws and Statutes of this Realm for fecuring the established All Laws for Religion, and the Rights and Liberties of the People thereof, fecuring the and all other Laws and Statutes of the fame now in Force, may gion, &c. conbe ratified and confirmed, and the fame are by His Majefty, by firmed. and with the Advice and Confent of the Lords Spiritual and Temporal, and Commons, and by Authority of the fame, ratified and confirmed accordingly.

CA P. III.

An Act for preventing any Inconveniencies that may happen by Privilege of Parliament.

FOR

OR the preventing all Delays the King or His Subjects may receive in any of His Courts of Law or Equity, and for their Eafe in the Recovery of their Rights and Titles to any Lands, Tenements or Hereditaments, and their Debts or other Dues, for which they have Caufe of Suit or Action; Be it enacted by the King's Moft Excellent Majefty, by and with the Advice and Confent of the Lords Spiritual and Temporal, and Commons, in this prefent Parliament affembled, and by the Authority of the fame, That from and after the four and twen- Action may be tieth Day of June One thousand feven hundred and one, any commenced Perfon and Perfons fhall and may commence and profecute any Member of Paragainst Peer or Action or Suit in any of His Majefty's Courts of Record at liament, &c. in Westminster, or High Court of Chancery, or Court of Exche- the Interval of quer, or the Duchy Court of Lancaster, or in the Court of Parliament, &c. Admiralty, and in all Caufes Matrimonial and Teftamentary in the Court of the Arches, the Prerogative Courts of Canterbury and York, and the Delegates, and all Courts of Appeal, against any Peer of this Realm, or Lord of Parliament, or against any of the Knights, Citizens and Burgeffes of the Houfe of Com mons for the Time being, or against their or any of their menial or other Servants, or any other Perfon intitled to the Privilege of Parliament, at any Time from and immediately after the Dif folution or Prorogation of any Parliament, until a new Parliament fhall meet, or the fame be re-affembled and from and immediately after any Adjournment of both Houfes of Parliament for above the Space of fourteen Days, until both Houses fhall meet or re-affemble; and that the faid refpective Courts fhall and and after Proromay, after fuch Diffolution, Prorogation or Adjournment as gation, &c. Court aforefaid, proceed to give Judgment and to make final Orders, may give Judg Decrees and Sentences, and award Execution thereupon; any Privilege of Parliament to the contrary notwithstanding. as to this Claufe and as to the Act generally, 11 G. 2. c. 24.]

[See

II. Provided nevertheless, That this Act fhall not extend to fubject the Perfon of any of the Knights, Citizens and Burgeffes of the Houfe of Commons, or any other Perfon intitled to the Privilege of Parliament, to be arrested during the Time

ment.

of Privilege: Nevertheless, if any Perfon or Perfons, having Perlon may have Caufe of Action or Complaint against any Peer of this Realm, Process against or Lord of Parliament, fuch Perfon or Perfons, after any Dif- Peer, &c. after Solution, Prorogation or Adjournment as aforefaid, or before any Diffolution of Parliament, Seffions of Parliament or Meeting of both Houses as aforefaid, fhall and may have fuch Procefs out of His Majefty's Courts of King's Bench, Common Pleas and Exchequer, against such Peer

or

Appearance.

and may exhibit Bill against any

Peer or Member, &c.

Statute of Limitation, &c.

No Action, &c. against the King's

immediate Debtor, &c.

hall be ftayed by Privilege of Parliament, but Perfon not liable

or Lord of Parliament, as he or they might have had againft him out of the Time of Privilege; and if any Perfon or Perfons, having Caufe of Action against any of the faid Knights, Citizens or Burgeffes, or any other Perfon intitled to Privilege of Parliament after any Diffolution, Prorogation or such Adjournment as aforefaid, or before any Seffions of Parliament or Meeting of both Houses as aforefaid, fuch Perfon or Perfons fhall and may profecute fuch Knight, Citizen or Burgess, or other Person intitled to the Privilege of Parliament, in His Majesty's Courts of King's Bench, Common Pleas or Exchequer, by Summons and Diftrefs Infinite, or by Original Bill and Summons, Attachment and Diftrefs Infinite thereupon to be iffued out of any of the faid Courts of Record, which the faid refpective Courts are hereby impowered to iffue against them, or any of them, until he or they shall enter a Common Appearance or file Common Bail to the Plaintiff's Action, according to the Course of each respective Court; and any Perfon or Perfons, having Caufe of Suit or Complaint, may, in the Times aforefaid, exhibit any Bill or Complaint against any Peer of this Realm or Lord of Parlia ment, or against any of the faid Knights, Citizens or Burgeffes or other Perfon intituled to the Privilege of Parliament, in the High Court of Chancery, Court of Exchequer or Duchy Court of Lancaster, and may proceed thereupon by Letter or Subpana as is ufual, and upon leaving a Copy of the Bill with the Defendant, or at his Houfe or Lodging (a) or laft Place of Abode, may proceed thereon; and for want of an Appearance or Answer, or for Non-performance of any Order or Decree or for Breach thereof, may fequefter the real and perfonal Eftate of the Party, as is ufed and practifed where the Defendant is a Peer of this Realm, but shall not arreft or imprison the Body of any of the faid Knights, Citizens and Burgeffes, or other privileged Perfon, during the Continuance of Privilege of Parliament. (a) [Not neceffary to leave fuch Copy before Sequeftration for want of Ap pearance, &c. 47 G. 3. Seff. 2. c. 40.]

III. And be it enacted by the Authority aforefaid, That where any Plaintiff fhall, by reafon or occafion of Privilege of Parliament, be stayed or prevented from profecuting any Suit by him commenced, fuch Plaintiff fhall not be barred by any Statute of Limitation, or nonfuited, difiniffed, or his Suit difcontinued, for want of Profecution of the Suit by him begun, but shall from Time to Time, upon the Rifing of the Parliament, be at Liberty to proceed to Judgment and Execution.

IV. And it is hereby enacted, That no Action, Suit, Procefs, Order, Judgment, Decree or Proceeding in Law or Equity against the King's original and immediate Debtor, for the Re covery or obtaining of any Debt or Duty originally and immediately due or payable unto His Majefty, His Heirs or Succeffors, or against any Accountant or Perfon anfwerable or liable to render any Account unto His Majefty, His Heirs or Succeffors, for any Part or Branch of any of his or their Revenues, or other original or immediate Debt or Duty, or the Execution of any fuch Procefs, Order, Judgment, Decree or Proceedings, fhall be impeached, ftayed or delayed, by or under the colour or pretence of any Privilege of Parliament; yet fo nevertheless, that the Perfon or Perfons of any fuch Debtor or Accountant or Perfon

anfwer

aufwerable or liable to account, being a Peer of this Realm or to be arrofted, Lord of Parliament, fhall not be liable to be arrested or impri- &c. foned by or upon any fuch Suit, Order, Judgment, Decree, Procefs or Proceedings, or being a Member of the House of Commons, fhall not, during the Continuance of the Privilege of Par liament, be arrested or imprisoned, by or upon any fuch Order, Judgment, Decree, Procefs or Proceedings.

V. Provided nevertheless, That neither this Act, nor any Thing Provife. therein contained, fhall extend to give any Jurifdiction, Power or Authority, to any Court, to hold Plea in any real or mixt Action, in any other Manner than fuch Court might have done before the making this Act.

[A& amended and Privilege reftrained, 11 G. 2. c. 24. Extended to Scotland, 10 G. 3. c. 50. §6.]

CA P. IV.

An Act for appointing Wardens and Affay Mafters for affaying Wrought Plate in the Cities of York, Exeter, Briftol, Chester and Norwich.

WH

HEREAS the Goldfmiths, Silverfmiths and Plateworkers of this Kingdom, remote from the City of • London, are under great Difficulties and Hardships in the • Exercise of their Trades, for want of Affayers in convenient

Places to affay and touch their Wrought Plate:' For Remedy Cities appointed whereof, and for preventing all Frauds and Corruptions therein, for affaying, &c. be it enacted by the King's Moft Excellent Majefty, by and with Wrought Plate. the Advice and Confent of the Lords Spiritual and Temporal, and Commons, in this prefent Parliament affembled, and by the Authority of the fame, That the feveral Cities within this Kingdom where the Mints were lately erected for recoining the Silver Money of this Kingdom, (viz.) York, Exeter, Bristol, Chefter and Norwich, fhall be, and are hereby appointed for the affaying and marking of Wrought Plate, and for executing the Powers, Authorities and Directions given by this Act.

fhall choose War

II. Be it enacted by the Authority aforefaid, That in every Goldsmiths, &c. of the Cities aforefaid, the Goldfmiths, Silverfmiths and Plate in the faid Cities workers who are. or fhall be Freemen of, or † inhabiting within incorporated a any of the faid Cities, and having ferved an Apprenticeship to Company, and the faid Trade of a Goldfinith, Silversmith or Plateworker, hall dens annually. be, and are hereby refpectively incorporated a Company of or + Sic. belonging to fuch City, and fhall be called and known by the Name of The Company of Goldsmiths of fuch City respectively: Which Company of fuch City fhall be enabled, and are hereby authorized, annually to choose two Perfons to be the Wardens of the faid Company in each of the faid Cities refpectively: Which faid Wardens fhall continue for the Space of one Year, and no longer, unlefs re-elected by the faid Company: And if any of the faid Wardens fo chofen as aforefaid, fhall happen to die or remove out of fuch City, then the faid Company fhall, within one Month after fuch Death or Removal, choose another Perfon of their Company to be Warden in his Room, and fuch Perfon fo chofen, fhall, and is hereby authorized and required to act accordingly.

III. And

No Goldfmith, &c. to make

Plate less in Fineness than Standard, ncr fhall fell any unil marked, &c.

Penalty.
Exception.

An Affayer to be elected in each City.

Affayer's Oath.

III. And be it further enacted by the Authority aforefaid, That no Goldfmith, Silversmith or Plateworker in any of the faid Cities, fhall work or make, or caufe to be wrought or made, any Silver Veffel, Plate or Manufacture of Silver, lefs in Fineness than according to the Standard of this Kingdom, which for the Time being is or fhall be appointed by Law for Wrought Plate, nor fhall put to fale, exchange, or fell any Plate or Manufacture of Silver made after the nine and twentieth Day of September One thousand seven hundred and one, until fuch Time as fuch Plate or manufactured Silver fhall be marked as followeth, viz. with the Worker's Mark, to be expreffed with the two first Letters of his Surname, to denote the Maker thereof, and also with the Lion's Head erafed, and the Figure of a Woman commonly called Britannia, and with the Arms of fuch of the Cities aforefaid, wherein fuch Plate fhall be affayed and marked, to denote the Goodness thereof, and the Place where the fame was affayed and marked, and also with a diftinct variable Mark or Letter in Roman Character; which Mark or Letter fhall be annually changed upon the Election of new Wardens for each refpective Company, to denote the Year in which fuch Plate is made; upon Pain that all fuch Silver Veffels, Plate or other manufactured Silver (except fuch Things as by reafon of their Smalluefs are not capable of receiving a Touch) which fhall be made, expofed to Sale, or exchanged, contrary to this Act, shall be forfeited, or the Value thereof; one Moiety thereof to the King's Majefty, His Heirs and Succeffors, and the other Moiety thereof to fuch Perfon or Perfons as will fue for the fame, to be recovered by Action of Debt, Bill, Suit or Information, in any Court of Record in any County or Place wherein such Offence fhall be committed, and wherein no Effoin, Protection, Wager of Law, or any more than one Imparlance fhall be allowed.

IV. And be it further enacted by the Authority aforesaid, That there fhall be an able and fkilful Man, experienced in affaying of Gold and Silver, elected by the faid Company of Goldfmiths in each of the faid Cities refpectively, for whom it fhall and may be lawful to detain eight Grains only from every Pound Troy of Silver he fhall affay, four Grains whereof fhall be put into the Box of Diet, and the other four Grains fhall be allowed him towards his Wafte and Spillings in making the faid Affays; and who immediately after his Election, shall take the Oath following, viz.

A. B. do fwear, That I will be faithful and true to our Sovereign Lord King William, and will fo long as I fhall ⚫ continue an Affayer, well and faithfully behave myself in the faid Office, and no undue Profit to myself take, to the hurting or hindrance of any Perfon that is Owner or Bringer in of any Gold or Silver in Plate, to be affayed, except of Plate Wrought only four Grains of every Pound Weight to be taken and put into the Box of Diet, and other four Grains to be taken likewife of every Pound Weight of Plate Wrought (and not otherwife) towards my Wafte and Spillings in making the faid Affays; and that I will touch no Gold nor Silver, but what fhall be of the Goodnefs of, and according to the Standard of this Kingdom, which for the Time being is or fhall be appointed by Law for Wrought Plate; and all fuch Gold or

• Silver