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C. 15 Anno primo GULIELMI & MARIÆ 1688
W & M Sess. 1, CAP. XV.

An Act for the better securing the Government by disarming Papists and reputed Papists.

1. FOR the better securing of the Government against Papists and reputed Papists:
2. Be it enacted by the King's and Queen's most Excellent Majesties, by and with the Advice and Consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by Authority of the same, That it shall and may be lawful for any two or more Justices of the Peace, who shall know or suspect and Person to be a Papist, or shall be informed that any Person is, or is suspected to be a Papist, to tender, and they are hereby authorised and required forthwith to tender such Person so known or suspected to be a Papist, the Declaration set down and expressed in an Act of Parliament made in the thirtieth Year of the Reign of the late King Charles the Second, intituled, An Act for the more effectual preserving the King's Person and Government, by disabling Papists from sitting in either House of Parliament, to be by him made, repeated and subscribed: And if such Person to required shall refuse to make, repeat, and subscribe the said Declaration, or shall not make, repeat, and subscribe the said Declaration, or shall refuse to forbear to appear before the said Justices, for the making, repeating, and subscribing the said Declaration, upon Notice to him given or left at his usual Place of Abode, by any Person authorised in that Behalf, by Warrant under the Hands and Seals of the said two Justices, such Person from thenceforth shall be taken to be, and is hereby declared to be, liable and subject to all and every penalties, Forfeitures, and Disabilities hereafter in this Act mentioned.
3. And be it hereby further enacted, That the said Justices of Peace shall certify the Name, Surname, and usual Place of Abode of every Person who shall make, repeat, and subscribe the said Declaration, at the next General Quarter-Sessions to be holden for the Shire, Riding, Division, or Liberty, for which they shall be Justices of the Peace, to be there recorded by the Clerk of the Peace, or Town Clerk, and kept amongst the Records of said Sessions.
4. And for better securing their Majesties Persons and Government; be it further enacted and declared, That no Papist or reputed Papist, of refusing, or making Default, as aforesaid, shall or may have or keep in his House, or elsewhere, or in the Possession of any other Person to his Use, or at his Disposition, any Arms, Weapons, Gunpowder, or Ammunition (other than such necessary weapons as shall be allowed to him by Order of the Justices of the Peace, at their General Quarter-Sessions, for the Defence of his House or Person) and that any two or more Justices of the Peace, from time to time, by Warrant under their Hands and Seals, may authorise and impower any Person or Persons in the Day-time, with the Assistance of the Constable or his Deputy, or the Tythingman, or Headborough, where the Search shall be (who are heareby required to be aiding and assisting herein) to search for all Arms, Weapons, Gunpowder, or Ammunition, which shall be in the House, Custody, or Possession of any such Papist or reputed Papist, and seize the same for the Use of their Majesties, and their Successors, which said Justices of the Peace shall from time to time, at the next Quarter-Sessions to be held for the County, Riding, Division, or Liberty, where such Seizure shall be made, deliver said Arms, Weapons, Gunpowder, and Ammunition in open Court, for the Use aforesaid.
5. And be it further enacted, That every Papist, or reputed Papist, who shall not, within the Space of ten Days after such Refusal of making Default aforesaid, discover and deliver, or cause to be delivered, to some of their Majesties Justices of the Peace, all Arms, Weapons, Gunpowder, or Ammunition whatsoever, which he shall have in his House or elsewhere, or which may be in the Possession of any Person to his Use, or at his Disposition, or shall hinder or disturb any Person or Persons, authorised by Warrant under the Hands and Seals of two Justices of the Peace, to fetch for and seize the same, that every such Person so offending, contrary to the Statute in this Behalf made, shall be committed to the common Goal of the County or Place where he shall commit such Offence, by Warrant under the Hands and Seals of any two Justices of the Peace, there to remain, without Bail or Mainprize, for the Space of three Months, and shall forfeit and lose the said Arms, and pay treble the value of them to the Use of their Majesties, and their Successors, to be appraissed by the Justices of the Peace, at the next General Quarter-Sessions to be held for the said County, Riding, or Division, to their Majesties and Successors.
6. And be it further enacted, That every Person who shall conceal, or be privy, or aiding, or assisting to the concealing, or who knowing thereof, shall not discover or declare to some of their Majesties Justices of the Peace, the Arms, Weapons, Gunpowder, or Ammunition of any Person reusing, or making Default, as aforesaid, or shall hinder or disturb any Person or Persons, authorised as aforesaid, in searching for, taking, and seizing the same, shall be committed to the common Goal of the County or Place where he shall commit such Offence, by Warrant under the Hands and Seals of any two Justices of the Peace, there to remain without Bail or Mainprize for the space of three Months; and shall also forfeit and lose treble the Value of said Arms to their Majesties and their Successors.
7. And be it further enacted, That if any Person or Persons shall discover any concealed Arms, Weapons, Ammunition, or Gunpowder, belonging to any refusing or making Default as aforesaid, so as the same may be seized as aforesaid, for the Use of their Majesties and their Successors, the Justices of the Peace, upon Delivery of the same at the General Quarter-Sessions as aforesaid, shall have Power, and they are hereby required, as Reward for such a Discovery, by Order of Sessions, to allow him or them a Sum of Money, amounting to the full Value of the Arms, Weapons, Ammunition, or Gunpowder so discovered; the said Sum to be assessed by the Judgement of the said Justices at their said Sessions, and to be levied by Distress and Sale of the Goods of the Person offending against this Act, rendering the Overplus which shall arise by such Sale, above the said Sum so allowed, and above the necessary Charges of taking such Distress, to the Owner.
8. Provided always, That if any Person, who shall have refused or make Default as aforesaid, shall desire to submit and conform, and for that Purpose shall present himself before the Justices of the Peace, at the General Quarter-Sessions to be holden for the County, Riding, Division, or Liberty, where his Refusal, or making Default, as aforesaid, shall be certified as aforesaid, and shall there in open Court make, repeat, and subscribe the said Declaration contained in said Act, made in the said thirtieth Year of the Reign of the said late King Charles the Second, and take the several Oaths contained in an Act made this present Parliament, intituled, An Act for removing and preventing all Questions and Disputes concerning the assembling and fitting of this present Parliament; he shall from thenceforth be discharged of and from all Disabilities and Forfeitures, which he might or should be liable to for the future, by reason of his Refusal or Default as aforesaid.
9. And be it further enacted, That no Papist, or reputed Papist, for refusing or making Default as aforesaid, at any Time after the fifteenth Day of May in the Year of our Lord one thousand six hundred eighty-nine, shall or may have or keep, in his own Possession, or in the Possession of any other Person to his Use, or at his Disposition, any Hores or Horses, which shall be above the Value of five Pounds, to be sold; and that any two or more Justices of the Peace, from time to time, by Warrant under their Hands and Seals, may and shall authorise any Person or Persons, with the Assistance of the Constable or his Deputy, or the Tythingman, or Headborough, when the Search shall be (who are hereby required to be aiding and assisting herein) to search and seize, for the Use of their Majesties and Successors, all such Horses; which Horses are hereby declared to be forfeited to their Majesties and Successors.
10. And be it further enacted, that if any Person shall conceal, or by aiding and assisting in the concealing any such Horse or Horses belonging to any Papist, or reputed Papist, so refusing or making Default as aforesaid, after the said fifteenth Day of May, such Person shall be committed to Prison by such Warrant as aforesaid, there to remain without Bail or Mainprize by the space of three Months, and shall also forfeit and lose to their Majesties and their Successors treble the Value of such Horse or Horses; which Value is to be settled as aforesaid.

ref:

pp 422-423

The Statutes at Large, Vol 3 1604 - 1698, 1 James I to 10 Will III

Printed for MARK BASKET, Printer to the King's Most Excellent Majesty, and by the Assigns of ROBERT BASKET -- And by HENRY WOODFALL and WILLIAM STRATHAN, Law Printers to the King's Most Excellent Majesty.

LONDON: MDCCLXX.

(Edinburgh Central Reference Library, shelf mark RD127.)