giftrate) is altogether unlawful, and contrary to the word of God, from and after the four and twentieth day of March in this prefent year of our Lord one thousand fix hundred fixty and one, fhall wilfully and obftinately refuse to take an oath, where by the laws of the realm he or the is or shall be bound to take the fame, being lawfully and duly tendred; (3) or fhall endeavour to perfwade any other perfon to whom any fuch oath = fhall in like manner be duly and lawfully tendred, to refuse and forbear the taking of the fame; (4) or fhall by printing, writing or otherwife, go about to maintain and defend that the taking of an oath in any cafe whatsoever, is altogether unlawful: (5) and if the faid perfons commonly called quakers, fhall at any time after the faid four and twentieth day of March depart from the places of their feveral habitations, and affemble themselves to the number of five or more, of the age of fixteen years or upwards, at any one time, in any place, under pretence of joining in a religious worship, not authorized by the laws of this realm; (6) that then in all and every fuch cafes, the party fo offending being thereof lawfully convict by verdict of twelve men, or by his own confeffion, or by the notorious evidence of the fact, fhall lofe and forfeit to the King's majesty, his heirs and fucceffors, for the firft offence, fuch fum as shall be impofed upon him or her, not exceeding five pounds; (7) and if any person or perfons, being once convicted of any fuch The fecond offence, hall again offend therein, and fhall in form aforefaid offence. be thereof lawfully convicted, fhall for the fecond offence forfeit to the King our fovereign lord, his heirs and fucceffors, fuch fum as fhall be impofed upon him or her, not exceeding ten pounds (8) the faid refpective penalties to be levied by distress and fale of the parties goods fo convicted, by warrant of the parties before whom they fhall be fo convicted, rendring the overplus to the owners, if any be; (9) and for want of fuch diftrefs or nonpayment of the faid penalty within one week after fuch conviction, that then the faid parties fo convicted fhall for the first offence be committed to the common gaol or houfe of correction for the space of three months; and for the second offence, during fix months; without bail or mainprize, there to be kept at hard labour; (10) which faid monies fo to be levied, fhall be paid to fuch perfon or perfons as fhall be appointed by thofe before whom they fhall be convicted, to be imployed for the increase of the ftock of the houfe of correction to which they fhall be committed, and providing materials to fet them on work: (11) and if any perfon after he, in form The third of aforefaid, hath been twice convict of any of the faid offences, fence. 1 Keb. 825. fhall offend the third time, and be thereof, in form aforefaid, lawfully convict, that then every perfon fo offending and conviet fhall for his or her third offence abjure the realm; or otherwife it fhall and may be lawful to and for his Majesty, his heirs and fucceffors, to give order, and to caufe him, her or them to be transported in any fhip or fhips, to any of his Majefty's plantations beyond the feas. VOL. VIII.

D

III. And

Who may

termine the

in this act.

III. And it is ordained and enacted by the authority aforehear and de- faid, That all and every juftice of oyer and terminer, juftices of offences with- aflize, and gaol-delivery, and the juftices of the peace, shall have full power and authority in every of their open and general feffions, to enquire, hear and determine all and every the faid offences within the limits of their commiffion to them directed, and to make process for the execution of the fame, as they may do against any perfon being indicted before them of trefpafs, or lawfully convicted thereof.

How perfons fubmitting may be dif

IV. And be it alfo enacted, That it fhall and may be lawful to and for any justice of peace, mayor, or other chief officer of any corporation, within their several jurisdictions, to commit to the common gaol, or bind over with fufficient fureties to the quarter-feffions, any perfon or perfons offending in the premiffes, in order to his or their conviction aforefaid.

V. Provided always, and be it hereby further enacted, That if any of the faid perfons fhall after fuch conviction as aforesaid, charged from take fuch oath or oaths, for which he or the ftands committed, penalties. and also give security, that he or the fhall for the time to come forbear to meet in any fuch unlawful affembly as aforefaid, that then and from thenceforth, fuch perfon and perfons fhall be discharged from all the penalties aforefaid; any thing in this act to the contrary notwithstanding.

Lords of the

VI. Provided always, and be it ordained and enacted by the parliament. authority aforefaid, That all and fingular lords of the parlia ment, for every third offence committed against the tenor of this act, fhall be tried by their peers and not otherwise.

CAP. II.

An act for repairing the highways and fewers, and for paving and keeping clean of the treets in and about the cities of London and Weltminster, and for reforming of annoyances and diforders in the streets of, and places adjacent to, the faid cities; and for the regulating and licencing of hackney coaches; and for the enlarging of several strait and inconvenient freets and paffages.

Commiffioners to be named by his Majefty under the great feal for furveying and cleaning the streets and highways. Encroachments that have continued thirty years, not to be removed but upon fatisfaction to the parties. The barons of the exchequer to judge of the fatisfaction, if refufed upon tender. Conviction for encroachments upon view, and the penalty. No hackney coaches to be without licence. Hutt. 99. Who may be licenced to keep hackney coaches. Hackney coaches not to exceed 400 in number. The feveral rates allowed for hackney-coaches. The penalty for exacting more. All streets and lanes to be cleansed every week. None to caft any afhes or duft before their houfes. No barrels, timber, coaches or other things to be fet or amended in the streets. The duty of the scavengers and rakers weekly. All open streets to be paved and fo kept by the feveral houfeholders. Provifo for the borough of Southwark. Candles or lights to be hung out every night from Michaelmas to Lady-day. Rates and taxes to be made for defraying the charges and wages of fcavengers and others. The lord mayor of London and others, commiffioners, may treat with perfons concerned, for their interefts in houfes obftructing paffage. To have continuance till next parliament. See 2 W. & M. ftat. 2. c. 8.

CAP. III.

An alt for ordering the forces in the feveral counties of this

FOR

kingdom.

power and

heirs and fuc

ORASMUCH as within all his Majefty's realms and dominions, The fole and the fole and fupreme power, government, command and difpo- fupreme fition of the militia, and of all forces by fea and land, and of all forts command of and places of ftrength is, and by the laws of England ever was, the the militia in undoubted right of his Majefty, and his royal predeceffors, kings and the King's queens of England; (2) and that both or either of the houfes of par- majefty, his liament cannot nor ought to pretend to the fame; nor can nor law- ceffors. fully may raife or levy any war offenfive or defenfive against his Ma- 13 Car. 2. ftat. jefty, his heirs or lawful fucceffors; and yet the contrary thereof hath 1. c. 6. of late years been practifed, almost to the ruin and deftruction of this kingdom; and during the late ufurped governments, many evil and rebellious principles have been inflilled into the minds of the people of this kingdom, which may break forth, unless prevented, to the difturbance of the peace and quiet thereof:

1

counties,

II. Be it therefore declared and enacted by the King's moft His Majefty excellent majesty, by and with the advice and confent of the may illue out lords fpiritual and temporal, and the commons, in parliament commiffions affembled, and by the authority of the fame, That the King's to fuch perof lieutenancy most excellent majefty, his heirs and fucceffors, fhall and may fons as he thall from time to time, as occafion fhall require, iffue forth feveral think fit for commiffions of lieutenancy to fuch perfons as his Majefty, his the feveral heirs and fucceffors, fhall think fit to be his Majefty's lieute- cities, &c. nants for the feveral and refpective counties, cities and places of The power of England and dominion of Wales, and town of Berwick upon the faid lieuTweed; (2) which lieutenants fhall have full power and autho- tenants. rity to call together all fuch perfons at fuch times, and to arm Explained by 15 Car. 2. c 4. and array them in fuch manner, as is hereafter expreffed and declared, and to form them into companies, troops and regiments, and in cafe of infurrection, rebellion or invafion, them to lead, conduct and employ, or caufe to be led, conducted and employed, as well within the faid feveral counties, cities and places for which they fhall be commiffioned refpectively, as allo into any other the counties and places aforefaid, for fuppreffing of all fuch infurrections and rebellions, and repelling of invafions, as may happen to be, according as they fhall from time to time receive directions from his Majefty, his heirs and fucceffors; (3) and that the faid respective lieutenants fhall have full power and authority from time to time to conftitute, appoint and give commiffions to fuch perfons as they fhall think fit to be colonels, majors, captains and other commiffion-officers, of the faid perfons fo to be armed, arrayed and weaponed, and to prefent to his Majefty, his heirs and fucceffors, the names of fuch perfon and perfons as they fhall think fit to be deputy-lieutenants, and upon his Majefty's approbation of them fhall give them deputations accordingly; (4) always understood, That his Majefty, his heirs and fucceffors have power and authority to di

D 2

rect

be named to,

of by, his

The deputy rect and order otherwife, and accordingly at his and their pleafieutenants to fure may appoint and commiffionate or difplace fuch officers and approved any thing in this act to the contrary notwithstanding: (5) and that the faid lieutenants refpectively, and in their abfence out Majesty. of the precincts and limits of their refpective lieutenancies, or The power of otherwife by their directions, the faid deputy-lieutenants, during the deputy their faid refpective deputations, or any two or more of them, lieutenants. fhall have power from time to time to train, exercife and put in readiness, and alfo to lead and conduct the perfons fo to be armed, arrayed and weaponed, by the directions, and to the intents and pupofes as is hereafter expreffed and declared.

The manner

of charging and providing horfe and

arins, &c.

No perfon

III. And for the providing horse and arms and furniture thereunto belonging, for the arming and weaponing the perfons aforefaid, and alfo for the defraying and paying the neceffary charges thereunto belonging in manner as hereafter followeth; (2) be it further enacted, That the faid refpective lieutenants within the feveral counties, cities and places, for which they are nominated refpectively, and their deputies, or the major part of fuch lieutenants and deputy-lieutenants then present, or in the abfence of the lieutenant or lieutenants, the major part of the deputy-lieutenants then prefent, which major part fhall be three at the leaft, have hereby full power and authority to charge any perfon with horfe, horfeiman and arms, or with foot-foldier and arms, in the fame county, fhire, city, borough or town corporate where his, her or their eftates lie, having refpect unto and not exceeding the limitations and proportions hereafter mentioned; (that is to fay) (3) no perfon fhall be charged with finding a horfe, horfeman and arms, unless such person or perfons have a revenue of five hundred pounds by the year in poffeffion, or have an eftate of fix thoufand pounds in goods or money, befides the furniture of his or their houfes, and fo proportionably for a greater eftate in lands in poffeffion, or goods, as the refpective lieutenants and their deputies as aforefaid, in their difcretions fhall fee caule and think reafonable; (4) and they are not to charge any perfon with finding a foot-foldier and arms, that hath not a yearly revenue of fifty pounds in poffeffion, or a perfonal cftate of fix hundred pounds in goods or monies, (other than the stock upon the ground) and after the aforefaid rate proportionably for a greater or leffer revenue or eftate: (5) nor fhall they charge any perfon with the finding both of horfe and foot in the fame county.

IV. Provided, That no perfon chargeable by this act, to find an horfe and horfeman with arms or to be contributory towards charged with finding an horfe and horfeman with arms, fhall for the fame or towards an eftate be chargeable towards finding a foot-foldier with arms or horfe, may be contributory thereunto: (2) and it fhall be lawful to and for charged alfo the refpective lieutenants and deputies or any three or more of them as aforefaid, to impofe the finding and providing of hore, horfeman, and arms as aforefaid, by joining two or three or more perfons together in the charge, as to their judgment shall appear moft conducible to the fervice of this kingdom.

towards foot

arms.

V. Pro

V. Provided, That no perfon that hath not one hundred What perfons pounds per annum in poffeffion, in lands, tenements or here- and eftate onditaments, leafehold or copy hold, or twelve hundred pounds towards findly chargeable perfonal eftate, fhall be compellable to contribute in finding any ing horfehorfe and horfeman with arms: (2) and the faid refpective arms. lieutenants and deputies, or any three or more of them, fhall Lieutenants have power to hear complaints, and examine witneffes upon may hear and and deputies oath, (which oath they have hereby power to adminifter) and determine to give redress according to the merits of the cause in matters matters rerelating to the execution of this act. lating to this

act.

for a foot

VI. Be it further enacted, That the faid lieutenants and de- Allowance of puties or any three or more of them, in their feveral counties 2 s. per diem and places refpectively, thall require and direct all perfons fo for a horsecharged as aforefaid, with horfe, horfemen and arms, to allow man, and 1 s. two fhillings by the day to the troopers that ferve with their foldier. horse and arms, for the maintenance of the man and horse, and twelve pence a day for the foot-foldiers, (if they ferve not in their own perfons) for so many days as they thall be sent from their dwellings and callings, by occafion of mufter or exercise.

made for

rebellion.

VII. And for furnithing ammunition and other neceffaries, Rates to be the faid refpective lieutenants and deputies or any three or more furnishing of them, thall have power to lay fitting rates upon the refpective ammunition. counties and places, not exceeding in the whole in any one 12 Car. 2.c.29. year the proportion of a fourth part of one month's affeffiment in each county, after the rate of feventy thousand pounds by the month, now or late charged by an act, intituled, An act for the raifing of feventy thousand pounds for the further fupply of his Majefly (2) which monies are to be affeffed, collected and paid by fuch perfons and according to fuch directions as fhall be given from time to time by the faid respective lieutenants and deputies or any three or more of them, under the like penalties, and by the like ways and means, as are prefcribed in the faid act for the feventy thousand pounds by the month; (3) and in Invafion, incafe of invafions, infurrections or rebellions, whereby occafion furrection, fhall be to draw out fuch foldiers into actual service, the perfons fo See 1 Geo. 1, charged as aforefaid, fhall provide each their soldier respectively ftat. 2. c. 14. with pay in hand, not exceeding one month's pay, as fhall be in that behalf directed by the faid refpective lieutenants, and in their abfence as aforefaid, or otherwife by their directions by their deputies or any two or more of them: (4) for repayment of which faid monies, and for fatisfaction of the officers for their pay during fuch time, not exceeding one month as aforefaid, as they fhall be with their foldiers in fuch faid actual feryice, it is hereby declared, That provifion fhall be made for the fame by his Majefty, his heirs and fucceffors, out of his or their publick treafury or revenue: (5) nevertheless, it is hereby Provifion by further provided and enacted, That in cafe a month's pay fhall his Majefty. None having be provided and advanced as aforefaid, That no perfon who advanced a thall have advanced his proportion thereof, fhall be charged month's pay with any other like month's payment, until he or they thall fhall be charg have been re-imburfed the faid month's pay, and fo from time ed again un

I