Present,
- The Kings most Excellent Majesty
- His Highness Prince Rupert
- Lord Chancellor
- Lord Treasurer
- Lord Privy Seal
- Duke of Monmouth
- Lord Chamberlain
- Earl of Oxford
- Earl of Salisbury
- Earl of Bridgwater
- Earl of Peterborow
- Earl of Sunderland
- Earl of Clarendon
- Earl of Bathe
- Earl of Craven
- Earl of Ailesbury
- Earl of Carbery
- Lord Viscount Fauconberg
- Lord Bishop of London
- Lord Bishop of Durham
- Lord Berkeley
- Lord Maynard
- Mr. Secretary Coventry
- Mr. Secretary Williamson
- Mr. Chancellor of the Exchequer
- Master of the Ordnance
- Mr. Speaker
THere having been lately presented by the Iustices of the Peace, Sir Queries to His Majesty in Council, viz.
I. WHether Foreigners (Popish Recusants) that are, and have long been here setled House-keepers, and are Tradesmen, viz. Chirurgeons, Taylors, Perriwig-makers, or ordinary Shop-keepers, following Imployments for their own advantage, but not otherwise Merchants, but are certified to be Merchant-Strangers, shall be excused from taking the Oaths, or finding Sureties, or either of them?
II. Whether such Foreigner [...]ing C [...]d by Ambassadors, or other Foreign Ministers, to be their Servants at this time, shall be ex [...]ed.
III. Whether Foreigners (Popish Recusants) setled here House-keepers, but neither are Tradesmen, Travellers, or Foreign Ministers Servants, shall be excused?
IV. Whether Native Subjects of Our Sovereign Lord, that are Menial Servants of Foreign Ministers, shall be excused?
V. Whether Married Women, being Popish Recusants, but their Husbands Protestants, shall be excused?
VI. Whether Popish Recusants that have taken the Oaths, found Sureties, have appeared, and are Convict, shall find new Sureties, or be continued over?
And his Majesty having from the Judges to whom the same were Referred, received Answer in Writing in the words following,
We have met, and Considered of the Questions proposed to Us, and do hereby humbly return Our Opinions.
To the First We are of Opinion,
I. THat Foreigners (being Popish Recusants) and Exercising ordinary Trades, (but not Merchants) are not excused from taking the Oaths, or finding Securities.
II. To the Second, That Foreigners, though Certified by Ambassadors to be their Servants, except they are their Menial Servants, are not excused.
III. To the Third, That Foreigners, though setled House-keepers, being no Travellers, or Foreign Ministers Servants, are not excused.
IV. To the Fourth, That the Kings Native Subjects are not excused from taking the Oaths by being Menial Servants to Foreign Ministers.
V. To the Fifth, We find no Law that excuses a Feme Covert, being a Papist, from taking the Oaths, though her Husband be a Protestant.
VI. To the Sixth, That a Popish Recusant having taken the Oaths, is not bound to find new Sureties, unless upon a new tender of the Oaths, he shall refuse to take them.
- Will. Scroggs
- Fra. North
- W. Mountagu
- W. VVylde
- Tim. Littleton
- Hugh VVyndham
- Robert Atkyns
- V. Bertie
- Fr. Bramston
- Tho. Jones
- VV. Dolben.
HIs Majesty is Graciously pleased to Approve the said Report and Opinion of His Iudges, and did this day Order, as it is hereby Ordered accordingly, That the Iustices of the Peace in their respective Precincts, do, in Execution of their Duties touching the Particulars there mentioned, take notice of the same, and conform themselves thereunto. And this Order is to be sent to the Custos Rotulorum of each County, that he may give Information of the same.
LONDON, Printed by John Bill, Christopher Barker, Thomas Newcomb, and Henry Hills, Printers to the Kings most Excellent Majesty. 1678/9.