of Arundel Surrey and Norfolk to the Dignity and Title of Duke of Norfolk An Act to restore to Wentworth Earl of Roscomon of the Kingdom of Ireland all the Honors Castles Lordships Lands Tenements and Hereditaments in Ireland whereof James Earl of Roscomon his Great-Grand Father or James Earl of Roscomon his Father c. An Act for restoring of Sir George Hamilton unto his Lands and Estate in Ireland An Act for maintenance of the Vicar for the time being of the Vicaridge of Royston in the Counties of Hertford and Cambridge and of his Successors Vicars of the said Vicaridge An Act for enabling Sir William Wray to sell Lands for payment of his debts and raising of Portions for his younger Children An Act for naturalizing of Gerard Vanhenthusen Daniel Demetrius and others An Act for enabling of John Newton the younger and William Oakeley to make sale of Lands for payment of debts and raising of Portions c. An Act for the levying of certain moneys due upon the Collection for the Protestants of Piedmont An Act for the Naturalization of John Boreel Esq Eldest Son of Sir William Boreel Knight and Baronet An Act for the Naturalization of Abraham Watchtor born beyond the Seas An Act for restoring of Sir Thomas Grimes Baronet to his Estate An Act for enabling George Fawnt of Foston in the County of Leicester Esq to sell and conveigh part of his Lands for payment of several Debts Legacies charged upon his Estate by Sir William Fawnt Knight deceased and for the raising of Portions for his younger children and making his Wife a Joynture An Act for Naturalizing Francis Hide and others An Act to nable Joseph Micklethwaite an Infant and his Trustees to sell Lands for payment of his Fathers Debts An Act for raising portions and making provision for maintenance for the younger children of Sir Edward Gostwick An Act for confirming the Sale of the Mannor of Hitcham sold to Charles Doe by Sir John Clark Knight and Baronet and for setling and disposing other the Lands of the said Sir John Clerke and Dame Philadelphia his Wife An Act for the setling of some of the Mannors and Lands of the Earl of Cleaveland in Trustees to be sold for the satisfying of the Debts of the said Earl and of Thomas Lord Wentworth his Son An Act for the disappropriating of the Rectory appropriate of Preston and uniting and consolidating of the said Rectory and of the Vicaridge of the Church of Preston and for assuring of the Advowson and right of Patronage of the same unto the Master Fellows and Scholars of Emanuel Colledge in Cambridge and their Successors An Act for making the Precincts of Covent Garden Parochial Anno Decimo tertio Caroli Secundi Regis Angliae c. AN Act for Safety and Preservation of his Majesties Person and Government against Treasonable and Seditious Practices and Attempts Cap. 1. fol. 75. 2 An Act for Repeal of an Act of Parliament Entituled An Act for disenabling all persons in Holy Orders to receive any Temporal Jurisdiction or Authority Cap. 2. fol. 77. 3 An Act for the Declaring Vesting and Setling of all such Moneys Goods and other things in his Majesty which were Received Levied or Collected in these late times and are remaining in the hands or possession of any Treasurers Receivers Collectors or others not pardoned by the Act of Oblivion Cap. 3. fol. 77. 4 An Act for a Free and Voluntary Present to his Majesty Cap. 4. fol. 78. 5 An Act against Tumults and Disorders upon pretence of preparing or presenting Publike Petitions or other Addresses to his Majesty or the Parliament Cap. 5. fol. 78. 6 An Act Declaring the Sole Right of the Militia to be in the King and for the present Ordering and disposing the same Cap. 6. fol. 78. 7 An Act for Confirming Publike Acts Cap. 7. fol. 79. 8 An Act for Providing necessary Carriages for his Majesty in his Royal Progress and Removals Cap. 8. fol. 80. 9 An Act for the establishing Articles and Orders for the regulating and better Government of his Majesties Navies Ships of War and Forces by Sea Cap. 9. fol. 81. 10 An Act to prevent the Unlawful Coursing Hurting or Killing of Deer Cap. 10. fol. 85. 11 An Act for Confirming three Acts therein mentioned Cap. 11. fol. 85. 12 An Act for Explanation of a Clause contained in an Act of Parliament made in the 17th year of the late King Charles Entituled An Act for Repeal of a Branch of a Statute Primo Elizabethae concerning Commissioners for Causes Ecclesiastical Cap. 12. fol. 86. 13 An Act for Vesting the Arrears of the Excise and New Impost in his Majesty Cap. 13. fol. 87. 14 An Act for Confirming an Act Entituled An Act for Encouraging and Increasing of Shipping and Navigation and several other Acts both Publike and Private mentioned therein Cap. 14. fol. 87. 15 An Act Declaring the Pains Penalties and Forfeitures imposed upon the Estates and Persons of certain notorious Offenders Excepted out of the Act of Free and General Pardon Indempnity and Oblivion Cap. 15. fol. 88. Private Acts. An Act for ascertaining and Establishing the Fees of the Masters of the Chancery in Ordinary An Act for Confirming a Sale made by Sir Thomas Prestwich and others of the Mannor of Holm and certain Lands in the Parish of Manchester in the County of Lancaster unto Sir Edward Mosley Baronet An Act for Restoring of Thomas Radcliffe Esq to all his Lands and Possessions in England and Ireland An Act enabling John Harbin Esq to settle sell and dispose of several Mannors Messuages Lands Tenements and Hereditaments with the Appurtenances in the County of Somerset and Dorset therein mentioned for Payment of his Debts and to make provision for his younger Children An Act to enable the Sale of some of the Lands of Thomas Hunt Esq and John Hunt Gent. for the payment of their Debts An Act for setling the Mannors Knoll Seal and Kempsing in the County of Kent upon the Earl of Dorset and his Heirs and charging the Mannor of Bexhill and the Mannor or Farm of Cawding and other Lands in the County of Sussex with a Rent charge of One hundred and thirty pounds per annum in lieu thereof An Act for Confirmation of the Charter and Priviledges of the Master Wardens and Commonalty of Weavers Fullers and Clothiers in the City of Worcester An Act for Setling of several Lands late of Sir Edward Baesh Knight upon Sir Ralph Baesh Knight of the Bath Heir of the said Sir Edward and his Heirs An Act for Confirmation and Explanation of an Act for the Setling of some of the Mannors and Lands of the Earl of Cleaveland in Trustees to be sold for the satisfying of the Debts of the said Earl and Thomas Lord Wentworth his Son An Act for the Uniting the Parsonages of St. Andrews and St. Mary Witton in Droitwich in the County of Worcester An Act to enable John Lord Abergavenny Son and Heir of
of the reign of the late Quéen Elizabeth intituled An Act touching leases of Benefices and other Ecclesiastical livings with Cure together with all and every explanations additions 27 El. not printed and alterations thereof or of any of them or to any of them made by several Statutes in the fourtéenth eightéenth 3 Jâ—c 8. The four acts above mentioned made perpetual and thrée and fortieth years of her said late Maiesties reign And one Act made in the seven and twentieth year of the reign of the late Quéen Elizabeth intituled An Act for the maintenance of the Péer and Cobb of Lyme Regis in the County of Dorset 21 Jac. 17. made perpetual And one Act made in the third year of the reign of the late King James intituled An Act for the avoiding of unnecessary delayes of executions be by authority of this present Parliament made perpetual and shall from henceforth stand in full force and effect and be put in due execution for ever hereafter And be it also enacted by the same authority That one Statute made in the one and twentieth year of the reign of the late King James intituled An Act against Vsury which act was to continue for the space of seven years from the four and twentieth day of June which then should be in the year of our Lord one thousand six hundred twenty and five and so to the end of the first Session of Parliament then next following be also by authority of this Parliament made perpetual 2â— H. 12. And it is further enacted by the authority aforesaid That one Act made in the one and twentieth year of the reign of the late King Henry the eighth intituled an Act for the true making of Cables Halters and Ropes And that part of one Act made in the Parliament holden at Westminster by prorogation the fourth day of November 3 4 Ed. 6. 1â— and continued untill the first day of February next after in the third and fourth years of the reign of the late King Edward the sixth by which it is ordained and enacted That no Person or Persons after the time in the said Act mentioned shall sell again alive Cattel in the said act mentioned at or in the Market or Fair wherein he bought the same during the time of the same Fair or Market under the pains therein contained And that no person being a Butcher and using the craft or mystery of Butchery shall at any time after the said feast buy any fat Oxen Stéers Ronts Kine Heifers Calves or Shéep and sell or cause to be sold the same again alive upon pain of forfeiture of every such Ox Stéer Ront 3 4 Ed. 6. 21. Cow Heifer Calves or Shéep bargained or sold contrary to the forme of that Act One other Act made in the same Parliament intituled an Act for the buying and selling of Butter and Chéese together with one Statute made in the Parliament holden in the one and twentieth year of the reign of the late King James 21 Jac. 22. intituled an Act for the explanation of the Statutes made in the third and fourth and fifth years of the reign of the said late King Edward the sixth concerning the traders of Butter and Chéese â— El 5. And so much of an Act made in the fifth year of the Reign of the late Quéen Elizabeth intituled an Act touching certain politick constitutions made for the maintenance of the Navy as is not repealed by any later Statute nor doth concern the eating of flesh or using of fish upon the Wednesday Nor the transportation of herring or other Sea fish Nor fréedom of subsidy Custome or Tonnage for the same Nor Transportation of Corn nor the prohibiting the bringing into this Realm any Cod or Ling in Barrels or other Casks together with all and every other additions explanations and alterations made thereunto or thereof or of any part thereof by any Statute or Statutes made sithence the making of the said last mentioned Act and in force the last day of the Session of Parliament that was in the one and twentieth year of the Reign of the late King James 5 El. 7. And one other Act made in the said fifth year intituled an Act for avoiding divers forreign wares made by handy-crafts Men beyond the Seas 8 El. 10. And an Act made in the eighth year of the Reign of the said late Quéen Elizabeth intituled an Act for Bowyers and the prices of Bows 13 El. 21. And one Act made in the thirtéenth year of the Reign of the late Quéen Elizabeth intituled an Act that Purveyors may take Corn and Victuals within five miles of Cambridge and Oxford in certain cases 14 El. 5. And so much of an Act made in the fourtéenth year of the Reign of the said late Quéen Elizabeth intituled an Act for the punishment of Vagabonds and the relief of the poor and impotent as concerneth the taxing rating levying and imploying of Gaol-mony â—8 El. 3. And so much of an Act made in the eightéenth year of the Reign of the said late Quéen Elizabeth intituled an Act for the setting the poor on work and avoiding Idleness as concerneth Bastards begotten out of lawful Matrimony with this that all Iustices of the Peace within their several limits and precincts and in their several Sessions may do and execute all things concerning that part of the said Statute that by Iustices of the Peace in the several Counties are by the said Statute limited to be done 18 El. 20. And an Act made in the said eightéenth year of the reign of the said late Quéen Elizabeth intituled an Act for repairing and amending the Bridges and High-wayes near unto the City of Oxford 2â— El. not printed And one Act made the seven and twentieth year of the Reign of the said late Quéen Elizabeth intituled an Act for the good Government of the City or Borough of Westminster 27 El. 14 3 4 Ed. 6. 20. 27 El 28. And two other Acts made in the said seven and twentieth year of the Reign of the said late Quéen Elizabeth the one intituled an Act for reviving of a former Statute for the true making of Mault together with the Statute by the said Act revived and the other intituled an Act for the kéeping of the Sea banks and Sea works in the County of Norfolke And one Act made in the one and thirtieth year of the Reign of the late Quéen Elizabeth 31 El. 8. intituled an Act for the true gawging of Vessels brought from beyond the Seas converted by Brewers for the utterance and sale of Ale and Béer And two Acts made in the five and thirtieth year of her said late Maiesties Reign 35 El. 10. the one intituled an Act for the Reformation of sundry abuses in Cloaths called Devonshire Kersies or Dozens according to a Proclamation of the four and thirtieth year of her said Maiesties Reign the
one part of the Statute made in the five and twentieth year of the Reign of the late King Henry the eighth intituled an Act for the destruction of wild fowl which was repealed by a later Act in the Parliament holden in the third and fourth years of the reign of the late King Edward the sixth Sâ— 3 4. El. â— 7. Sâ— 21. Jac. 28. â— M. 5. and revived in the Parliament holden in the one and twentieth year of the Reign of the late King James and one Act made in the first year of the Reign of the late Quéen Mary for and concerning the making repairing and amendment of the common high-way and Causey in the Counties of Dorset and Sommerset betwéen the Towns of Shaftsbury and Sherborn St. â—1 â—â— â—8 21 â—ac 6. 21 Jac. 18 in the County of Dorset and revived in the said one and twentieth year And also the several Acts hereafter mentioned made in the said one and twentieth year of the Reign of the late King James That is to say an Act intituled an Act concerning Women convicted of small felonies 4 Jac. 2. 21 Jac. 20. 21 Jac. 27. and one Act intituled an Act for the continuance of a former Statute made in the fourth year of the Reign of the said late King James intituled an Act for the true making of woollen clothes The 5â— Statutes above mentioned continued untill the end of the first Session of the next Parliament and for some addition and alterations in and to the same together with so much of one Act made in the said fourth year as was in force the last day of the Session of Parliament holden in the said one and twentieth year and one other Act intituled an Act to prevent and reform prophane swearing and cursing and one Act intituled an Act to prevent the destroying and murdering of bastard Children by vertue of this Act shall be and continue until the end of the first Session of the next Parliament in force and effect as the same were the first day of the Session of Parliament 1 Car. 1. Continued Continued til some other Act be made for continuance or discontinuance of the said Act. Mat. 17 Car. cap. 4. When Corn may be transported Start 21 Jac. 28. holden in the first year of the reign of our Soveraign Lord the King that now is And be it also Enacted that one Statute made in the said first year of his Majesties Reign that now is intituled an Act for punishing of divers abuses committed on the Lords day shall continue in force untill the end of the next Session of Parliament Provided nevertheless that so much of every of the said Act as by any new Act made in this Session of Parliament are or shall be explained altered or repealed shall for so much thereof from the end of this Session of Parliament stand be in force as by those other Acts shall be ordained Provided also and be it further Enacted by the authority of this present Parliament That when the prises of Corn or Grains at the times Havens and Places when and where the said Corn or Grain shall be bought shipped or laden excéed not the rates hereafter following viz. the quarter of Wheat at thirty and two shillings the quarter the quarter of Rye at twenty shillings the quarter of Pease and Beans at sixteen shillings the quarter of Barley or Mault at sixtéen shillings of currant English money That then it shall be lawful for all and every person and persons being Subjects of the Kings Maiesty His Heirs and Successors and born within this Realm to carry and transport of his own and to buy to sell again in Markets and out of Markets and to kéep or sell or carry and transport any of the said Corns and Grains from the places where they shall be of such prices unto any part beyond the Seas in amity with his Majesty as Merchandize in Ships Crayers or other Vessels whereof any English born Subject or Subjects then shall be the owner or owners or the same to carry and sell in other places within this Realm or Dominion thereof Any Law Statute or Vsage to the contrary hereof notwithstanding And that the Kings Majesty The Custom and Punsdage of Corn. his Heirs and Successors shall have and receive by the Customers and Officers of his Ports for the Custom or Poundage of every quarter of Wheat to be transported by force of this Statute out of this Realm two shillings of every quarter of other grain sixtéen pence which said several sums so to be had and taken as Custom or Poundage shall be in full satisfaction of all manner of Custom or Poundage for the said Corn or Grain by any Constitution Order Statute Law or Custom heretofore made used or taken for transporting of any such manner of Corn or Grain or made in this present Session of Parliament or hereafter to be made The Kings Proclamation may restrain transportation of Corn. Provided alwayes and be it Enacted by the authority of this present Parliament That the Kings Majesty his Heirs and Successors may at all times by his and their Writ of Proclamation to be published generally in the whole Realm or in any of the Counties of this Realm where any Ports are command that no person shall by vertue of this Act transport or convey any manner of Grain out of his Highness Dominions generally or out of any special Ports to be in the said Proclamation particularly named for such time as shall be therein limited and appointed And it shall not be lawful for any person to carry out any such Grain contrary to the tenor of the said Proclamation upon such pains and forfeitures as by the Laws and Statutes of this Realm are and have béen provided and ordained in that behalf This Act or any thing therein contained to the contrary notwithstanding Welsh Cottons Provided also and be it Enacted that no person or persons shall incur any penalty for want of length breadth or weight of Welsh Cottons under the price of 15 d. the yard or 2 s. the goad so as they be not mixed with hair or other deceitful stuff nor for any others above that price except they shall be mixed as aforesaid or shall shrink above the rate of half a yard in 12 yards of length or weigh less than fourteen ounces the yard or hold not full three quarters of a yard broad 16 E. â— â— And be it also Enacted by the authority aforesaid That that part of one Statute made in the fiâ—teenth year of the reign of the late King Richard the second by which it is ordained that no manner of Spicery after that it be brought into the Realm shall be carried out of the same Realm by Aliens nor by Denizens upon pain of forfeiture thereof And one Statute made in the sixteenth year of the reign of the late King Richard the second concerning Liveries 16 R. 2.
4. 20 R. 2. 2. and one other Statute made in the twentieth year of the reign of the late King Richard the second by which it is ordained that no Vaclets called Yeomen nor other of lesser estate than an Esquire shall use or bear any sign of Livery called Livery of Company of any Lord within the Realm And one Statute made in the first year of the reign of the late King Henry the fourth concerning giving of Liberies 7 H. 4. 7. 6 H. 4. 14. 13 H. 4. 3. 8 H. 6. 4. 8 Ed. 4. 2. 3 H. 7. 1. 3 H. 7. 12. A repeal of the 9 Statutes last mentioned And one statute made in the 7th year of the reign of the late King Hen. the 4th concerning giving of Liveries And one other Statute made in the 13th year of the reign of the late King Henry the fourth concerning giving of Liveries And one Statute made in the eighth year of the reign of the late King Henry the sixth concerning Liveries And one Statute made in the eighth year of the reign of the late King Edward the fourth concerning Liveries and so much of one Statute made in the third year of the reign of the late King Henry the seventh concerning the Star-Chamber as toucheth or concerneth the punishment of those that shall give or take Liveries And one other Statute made in the said third year concerning taking of Liveries by the Kings Officers and Farmers be from henceforth repealed And be it also enacted by authority of this Parliament 7 Jac. 20. continued untill the next Parliament that one Act of Parliament made in the seventh year of the reign of the late King James intituled An Act for the speedy recovery of many thousand Acres of marsh grounds and other grounds within the Counties of Norfolk and Suffolk lately surrounded by the rage of the Sea in divers parts of the said Counties and for the prevention of the danger of the like surrounding hereafter be continued and shall stand in force untill the end of the next Session of Parliament 17 Car. cap. 4. CAP. V. The Estates of the Tenants of Bromfield and Yale in the County of Denbigh and of the Tenures Rents and Services thereupon reserved according to the late composition made for the same with the Kings most Excellent Majesty then Prince of Wales ratified and confirmed PR CAP. VI. Five Subsidies granted by the Spiritualty EXP. CAP. VII Five Subsidies granted by the Temporalty Anno quarto Caroli Regis EXP. Anno Regni Caroli Regis Angliae Scotiae Franciae Hiberniae Decimo Sexto AT the Parliament begun at Westminster the third day of Novemb. An. Dom. 1640. In the sixteenth year of the Reign of CHARLES the first by the Grace of God of England Scotland France and Ireland King Defender of the Faith c. To the High pleasure of Almighty God and to the weal publick of this Realm were Enacted as followeth CAP. I. Parliaments to be called and held every third year REP. ALT 16 Car. 2. cap. 1. CAP. II. A Grant of four entire Subsidies for the Relief of His Majesties Army and the Northern parts of the Kingdom EXP. CAP. III. Some things mistaken in the last Act reformed and the Acts of the Commissioners and other Officers by them appointed made good EXP. Anno decimo septimo Caroli Regis CAP. IV. A Grant of two Subsidies for the further Relief of His Majesties Army and the Northern parts of the Kingdom EXP. And divers Statutes continued ANd be it Enacted by the Authority aforesaid That the passing of this present Act Divers Statutes continued or of any other Act or Acts or his Majesties Royal Assent to them or any of them in this present Session of Parliament shall not be any determination of the said Session 3 Car. cap. 4. continued further and that all Statutes and Acts of Parliament which have their continuance or were by an Act of Parliament made in the third year of the Reign of his Majesty that now is intituled An Act for the Continuance and Repeal of divers Statutes continued untill the end of the first Session of the then next Parliament shall by vertue of this Act be adiudged ever since the Session of Parliament in the said third year to have been of such force and effect as the same were the last day of that Session and from thenceforth until some other Act of Parliament be made touching the continuance or discontinuance of the said Statutes and Acts in the said Act of the third year of his Majesties Reign continued as aforesaid CAP. V. The Lord Admiral and others by his authority may Raise and Impress Mariners Sailers and others for the present guarding of the Seas and necessary Defence of the Realm EXP. CAP. VI. Michaelmas Term abbreviated Inconvenience◠Michaelmas term being so soon after the feast of Saint Michael VVHereas the Term of S. Michael commonly called Michaelmas Term doth begin so soon after the Feast of Saint Michael that it is generally found to be very inconvenient to His Majesties Subjects both Nobles and others as well for the keeping of the Quarter Sessions next after the Feast of Saint Michael the Archangel and the keeping of their Léets Law-dayes and Court-Barons which they can by no means attend in regard of the necessity of their coming to the said Term so spéedily after the Feast of Saint Michael the Archangel to appear upon Iuries and to follow their Causes and Suits in the Law the same time being the chief time of all the year for the sowing of Land with Winter Corn and for the disposing and setting in order of all their Winter Husbandry and business and for the receiving and paying of Rents And in many parts of this Kingdom Harvest is seldom or never Inned till three wéeks after the said Feast Therefore the Kings most Excellent Majesty out of the Princely care that he hath of all his loving Subjects having a special care to the encrease and continuance of their wealth and good Estates by the assent of the Lords Spiritual and Temporal and Commons in this present Parliament assembled and by the authority of the same Ordaineth Enacteth and Establisheth That in the said Michaelmas Term there shall be six common dayes of Return only and not above that is to say The first day of Return thereof shall be and be called A die Sancti Michaelis in tres Septimanas In Michaelmas term shall be lie common dayes of Return only The second day of Return of the same Term shall be and be called A die Sancti Michaelis in unum mensem The third day of Return of the same Term shall be and be called In Crastino animarum The fourth day of Return of the same Term shall be and be called In Crastino Sancti Martini The fifth day of Return of the same Term shall be and be called In Octabis Sancti Martini And the sixth day of Return of the said
the Land and if any thing be done to the contrary it shall be void in Law and holden for error And by another Statute made in the six and thirtieth year of the same King Edward the Third 36 E. 3. c. 15. It is amongst other things Enacted That all pleas which shall be pleaded in any Courts before any the Kings Iustices or in his other places or before any of his other Ministers or in the Courts and places of any other Lords within the Realm shall be entred and inrolled in Latine And whereas by the Statute made in the third year of King Henry the seventh 3 H. 7. cap. 1. power is given to the Chancellor the Lord Treasurer of England for the time being and the Kéeper of the Kings Privy Seal or two of them calling unto them a Bishop and a Temporal Lord of the Kings most Honourable Councel and the two Chief Iustices of the Kings Bench and Common Pleas for the time being or other two Iustices in their absence to procéed as in that Act is expressed for the punishmâ—â—â— of some particular offences therein mentioned And by the Statute made in the One and tâ—â—ntieth year of King Henry the Eighth 21 H. 8. cap. 20 The President of the Councel is associated to joyn with the Lord Chancellor and other Iudges in the said Statute of the third of Henry the seventh mentioned But the said Iudges have not kept themselves to the points limited by the said Statute but have undertaken to punish where no Law doth warrant and to make Decrées for things having no such Authority and to inflict heavier punishments then by any Law is warranted All matters â—â—â—minable in 〈◊〉 Star-Chamber maâ— be â—â—â—â—â—nable and 〈◊〉 â—â—o by the Common Law And forasmuch as all matters examinable or determinable before the said Iudges or in the Court commonly called the Star-Chamber may have their proper remedy and redress and their due punishment and correction by the Common Law of the Land and in the Ordinary course of Iustice elswhere and forasmuch as the reasons and motives inducing the erection and continuance of that Court do now cease and the procéedings Censures and Decrées of that Court have by experience been found to be an intolerable burthen to the Subject and the means to introduce an Arbitrary Power and Government And forasmuch as the Councel-Table hath of late times assumed unto it self a power to intermeddle in Civil causes and matters only of private interest betwéen party and party and have adventured to determine of the Estates and Liberties of the Subiect contrary to the Law of the Land and the Rights and Priviledges of the Subject by which great and manifold mischiefs and inconveniencies have arisen and happened and much incertainty by means of such procéedings hath béen conceived concerning Mens Rights and Estates For setling whereof and preventing the like in time to come Be it Ordained and Enacted by the Authority of this present Parliament Court of Star-Chamber and all its powers dissolved That the said Court commonly called the Star-Chamber and all Iurisdiction Power and Authority belonging unto or exercised in the same Court or by any the Iudges Officers or Ministers thereof be from the first day of August in the year of our Lord God One thousand six hundred forty and one clearly and absolutely dissolved taken away and determined and that from the said first day of August neither the Lord Chancellor or Kéeper of the Great Seal of England the Lord Treasurer of England the Kéeper of the Kings Privy-Seal or President of the Councel nor any Bishop Temporal Lord Privy-Councellor or Iudg or Iustice whatsoever shall have any power or authority to hear examine or determine any matter or thing whatsoever in the said Court commonly called the Star-Chamber or to make pronounce or deliver any Iudgment Sentence Order or Decrée or to do any Iudicial or Ministerial Act in the said Court And that all and every Act and Acts of Parliament and all and every Article clause and sentence in them and every of them by which any Iurisdiction power or Authority is given limited or appointed unto the said Court commonly called the Star-Chamber or unto all or any the Iudges Officers or Ministers thereof or for any procéedings to be had or made in the said Court or for any matter or thing to be drawn into question examined or determined there shall for so much as concerneth the said Court of Star-Chamber and the power and authority thereby given unto it be from the said first day of August repealed and absolutely revoked and made void And be it likewise Enacted Like Iurisdiction in several other Courts repealed and taken away That the like Iurisdiction now used and exercised in the Court before the President and Councel in the Marches of Wales and also in the Court before the President and Councel established in the Northern parts And also in the Court commonly called the Court of the Dutchy of Lancaster held before the Chancellor and Councel of that Court And also in the Court of Exchequer of the County Palatine of Chester held before the Chamberlain and Councel of that Court The like Iurisdiction being exercised there shall from the said first day of August One thousand six hundred forty and one be also repealed and absolutely revoked and made void any Law prescription custome or usage Or the said Statute made in the third year of King Henry the seventh Or the Statute made the One and twentieth of Henry the Eigth Or any Act or Acts of Parliament heretofore had or made to the contrary thereof in any wise notwithstanding And that from henceforth no Court Councel No Court or Councel to have the like Iurisdiction or place of Iudicature shall be erected ordained constituted or appointed within this Realm of England or Dominion of Wales which shall have use or exercise the same or the like Iurisdiction as is or hath béen used practised or exercised in the said Court of Star-Chamber Be it likewise declared and Enacted by Authority of this present Parliament The King nor his privy Councel shall have no Iurisdiction over any mans estate That neither his Majesty nor his Privy-Councel have or ought to have any Iurisdiction power or authority by English Bill Petition Articles Libel or any other Arbitrary way whatsoever to examine or draw into question determine or dispose of the Lands Tenements Hereditaments Goods or Chattels of any the Subjects of this Kingdome But that the same ought to be tryed and determined in the ordinary Courts of Iustice and by the ordinary course of the Law And be it further provided and Enacted That if any Lord Chancellor Penalties upon great Officers and others for the first offence or Kéeper of the Great Seal of England Lord Treasurer Kéeper of the Kings Privy Seal President of the Councel Bishop Temporal Lord Privy Councellor Iudg or Iustice whatsoever shall offend or do
Parliament or of or from any Convention or Assembly called or reputed or taking the Name of the Kéepers of the Liberty of England by Authority of Parliament Or by vertue or colour of any Writ Commission Letters Patents Instruction or Instructions of or from any person or persons Tituled reputed or taken to be Lord Protector of the Commonwealth of England Scotland and Ireland and the Dominions thereunto belonging or Lord Protector of the Commonwealth of England Scotland and Ireland and the Dominions and Territories thereto belonging or assuming the authority or reputed to be chief Magistrate of the Commonwealth or Commander in chief of the Forces or Armies of this Nation by Sea or Land or by any pretence Warrant or Command whatsoever from them or any of them or their or either of their respective Councils or Council or any Member of such Council or Councils or from any person or persons whatsoever deriving or pretending to derive Authority from them or any of them be pardoned Released Indempnified discharged and put in utter Oblivion And that all and every the person and persons Acting Advising Assisting Abetting and Counselling the same they their Heirs Executors and Administrators except as before is excepted be and are hereby pardoned Released Acquitted Indempnified and discharged from the same And of and from all pains of Death and other Pains Iudgments Indictments Convictions Attainders Outlawries Penalties Escheats and Forfeitures therefore had or given or that might accrew for the same And that all such Iudgments Indictments Convictions Attainders Outlawries Penalties Escheats and Forfeitures and every of them and all Grants thereupon made and all Estates derived under the same be and are hereby Declared and Enacted to be from henceforth Null and void And that all mean profits not yet received by such Grantées shall be and are hereby discharged And that all and every person and persons Bodies Politick and Corporate their and every of their Heirs Executors Administrators and Successors shall be and are hereby restored to all and every their Lands Tenements and Hereditaments Goods Chattels and other things forfeited which to His Majesty do or shall appertain by reason of any offence herein before mentioned and not hereafter in this present Act Excepted and Foreprised All Appeals personal Actions and Suits pardoned And be it further Enacted That all Appeals and all personal Actions Suits Molestations and Prosecutions whatsoever for or by reason of any Act of Hostility Trespass Assault Imprisonment or breach of the Peace Advised Counselled commanded Appointed Happened Acted or done by reason of the late troubles or the late Wars in his Majesties Dominions or relating thereunto and Iudgments and Executions thereupon had before the first day of May in the Year of our Lord One thousand six hundred fifty eight stand and be from henceforth discharged But not to restore to any Person or Persons any sums of money mean Profits or Goods already received or taken upon such Execution or to give any accompt for the same And be it likewise Enacted That all Appeals and all personal Actions and causes of such Actions Suits Molestations and Prosecutions whatsoever for or by reason of any Act or thing advised counselled commanded Acted or done by vertue or colour of any Authority or Commission granted by His late Majesty or his Majesty that now is or by vertue or colour of any Order or Ordinance of one or both Houses of Parliament sitting at Westminster Or by any Act or order made by any Persons assuming the name of a Parliament and sitting as a Parliament at Westminster after the death of the late King CHARLES the First Or by the Authority of the said kéepers of the Liberties of England Or by any Ordinance by either of the late Protectors and Council Or by or upon any Commission Writ Process or Warrant by them or any of them or by Authority derived from them or any of them And all demands of Arrearages of Rents and mean Profits of Lands Tenements or Hereditaments heretofore incurred or grown due which have béen paid received or disposed by vertue or colour of any the Authorities or pretended Authorities aforesaid other then such Arrearages or mean profits as are or shall be otherwise disposed by any Act. or Acts of this present Session of Parliament be from henceforth discharged And it is further by the Authority aforesaid Enacted in the second place That all and every the Subjects of these His Majesties Realms of England and Ireland the Dominion of Wales the Isles of Jersey and Garnsey and the Town of Berwick upon Tweed and other His Majesties Dominions the Heirs Executors and Administrators of them and every of them and all and singular Bodies in any manner of wise corporated Cities Burroughs Shires Ridings Hundreds Lathes Rapes Wapentakes Towns Villages Hamlets and Tythings and every of them and the Successor and Successors of every of them shall be and are by the authority of this present Parliament Acquitted Pardoned Released Indempnified and Discharged against the Kings Majesty his Heirs and Successors and every of them of and from all manner of Treasons Misprisions of Treason Felonies Offences Contempts Trespasses Entries Wrongs Deceits Misdemeanors Forfeitures penalties and sums of Money Intrusions Mean profits Wardships Marriages Reliefs Liveries Ouster le mains Mean Rates Respits of Homage Fines and Seisures for Alienation without License Arrearages of Rents other then the Arrearages of Rents due from the late Farmers or pretended Farmers of of the Excise or Customs respectively other then such Arrearages of Rents or Mean profits as are or shall be otherwise disposed by any Act or Acts of this present Parliament and of and from all Arrearages of Tenths and First-Fruits Fines post-fines Issues and Amerciaments and all Recognizances Bonds or other Securities given for payment of them or any of them concealments of Customs and Excise Arrearages of purveyance and of compositions for the same and of and from all pains of Death pains corporal and pecuniary and generally of and from all other Things Causes Quarrels Suits Iudgments and Executions in this present Act hereafter not Excepted nor Foreprized which may be or can be by his Majesty in any wise or by any means pardoned before and unto the twenty fourth day of June in the year of our Lord One thousand six hundred and sixty to every or any of his said Subjects Wardships and Mean Profits unreceived Bodies Corporate Cities Burroughs Shires Ridings Hundreds Lathes Rapes Wapentakes Towns Villages and Tithings or any of them And be it further Enacted by the Authority aforesaid That all Grants and Patents since the twenty fifth of March One thousand six hundred forty one touching the Wardship and Custody of the Body and Lands or touching the marriage of any Heir within age and all mean profits yet unreceived All things not excepted shall be by the general words of this Act as well as it particularly named and demandable by reason thereof shall be
his Majesty that now is and not accompted for and discharged Iesuites Seminary and Romish Priests excepted And also excepted out of this Pardon all and every offence and offences committed or done by any Iesuit Seminary or Romish Priest whatsoever contrary to the Tenor or effect of the Statute made in the Seven and twentieth year of the Reign of the late Quéen Elizabeth Entituled An Act against Jesuits Seminaries Priests and other disobedient persons or of any part thereof and all out-lawries procéedings Iudgments and executions for the same offences or any of them Provided alwayes and be it Enacted by the authority aforesaid Writs of Cap. Utlagat may be diâ—â—â—ed against any person That it shall and may be lawfull to and for all and every Clerk and other Officer of the Courts at Westminster to award and make Writs of Capias Utlagatum at the suit of the party plaintiff against such persons out-lawed as be pardoned by this Act to the intent to compel the Defendant or Defendants to make answer to the plaintiff or plaintiffs at whose suit he or they were outlawed And that every person so out-lawed The party out-lawed may sue one a scire fac as against the Plaintiff shal sue a Writ of Scire facias against the party or parties at whose Suit he or they were so out-lawed before this pardon in that behalf shall be allowed him or them so out-lawed Provided and be it Enacted by the authority aforesaid That this Act of general pardon shall not in any wise extend to pardon any Out-lawries upon any Writ of Capias ad Satisfaciendum untill such time as the party so out-lawed shall satisfie Persons out-lawed upon capias ad satisfaciendum c. or otherwise agrée with the party at whose suit the same person was so out-lawed or condemned And also excepted out of this pardon all informations and other procéedings depending concerning any common Highwayes or Bridges and all issues returned upon any process concerning the same since the Thirtieth day of January Informations and proceedings concerning high-waies c excepted One thousand six hundred forty eight Except also all Recognizances Obligations and other securities given or entred into Since the five and twentieth of March One thousand six hundred and forty by any Receiver Réeve Bayliffe Collector or other accountant in the Court of the publick Exchequer and their sureties and their acounts respectively Provided alwayes and be it Enacted that this Act or any thing therein Contained Obligation and recognizance not yet forfeited shall not extend or be construed to Pardon or discharge any Recognizance Obligation or Bond which is not yet forfeited And be it further Enacted by the Authority aforesaid That all Acts of Hostility and Injuries All acts of hostility injuries c. between the King and his Parliament to be put in perpetual oblivion whether betwéen the late King and the Lords and Commons then in Parliament assembled or betwéen any of the People of this Nation which did arise upon any Action Attempt Assistance Counsell or Advice having Relation unto or falling out by reason of the troubles or in the late Wars or publick differences betwéen the late King and Parliament or betwéen His now Majesty or any of Subjects and which are not in this Act excepted That the same and whatsoever hath ensued thereupon whether trenching upon the Laws and Liberties of this Nation or upon the Honor of His Majesty or upon the Honor or Authority of the Parliament or to the prejudice of any particular or private Person shall in no time from and after the four and twentieth day of June in the year of our Lord one thousand six hundred and sixty be called in question whatsoever be the quality of the person or of whatsoever kind or Degrée Civil or Criminal the Inâ—ury is supposed to be And that no mention be made thereof in time to come in Iudgment or in Iudicial procéedings And to the intent and purpose that all names and terms of Distinction may be likewise put into utter Oblivion Be it further Enacted by the Authority aforesaid The penalty upon any person that shall within 3. years use any words of reproach or disgrace tending to revive the memory of the late differences That if any person or Persons within the space of Thrée years next ensuing shall presume maliciously to call or alledge of or object against any other person or persons any Name or Names or other Words of Reproach any way tending to revive the Memory of the late Differences or the Occasions thereof That then every such person so as aforesaid Offending shall forfeit and pay unto the party grieved in case such party Offending shall be of the Degrée of a Gentleman or above Ten pounds and if under that Degrée The sum of forty shillings to be recovered by the party grieved by Action of Debt to be therefore brought in any of His Majesties Courts of Record wherein no Essoin protection or Wager of Law shall be allowed or any more then one Imparlance so as the same Action be commenced or prosecuted within six Moneths next after the Offence Committed And if the Iury sworn to try any Issue or Issues that shall be joyned in such Action shall find for the plaintiff they shall likewise give to every such Plaintiff Forty shillings Damages over and above the penalty aforesaid Provided alwayes that this Act or any thing therein contained shall not Extend Persons plotting or signing the Irish Rebellion excepted or give any benefit unto any person or persons who have had any hand in the Plotting Contriving or designing the great and heinous Rebellion in Ireland mentioned in one Act passed in the Parliament begun at Westminster the third day of November in the sixtéenth year of King Charles entituled An Act for the speedy and effectual Reducing of the Rebels in His Majesties Kingdom of Ireland to their due obedience to His Majesty and Crown of England Or in Aiding Assisting or Abetting the same Other then such as by another Act intended hereafter to be passed shall be therein Named mentioned or Expressed to be pardoned nor to Enure to Restore to any person or persons bodies politick or corporate other then the Marquess of Ormond Lord Steward of his Majesties Houshold and other the Protestants of Ireland and their Heirs and such other person and persons as in and by an Act intended hereafter to be passed shall be therein Named Mentioned or Expressed in that behalf any Estate Liberties Franchises or Hereditaments in England or Ireland sold or disposed of by both or either Houses of Parliament or any Convention assuming the Stile or Name of a Parliament or any person or persons deriving authority from them or any of them or which was approved or confirmed by them or any of them Nor to the Mean Profits Rents or Contingencies of advantage of the same Every person pardoned may plead the general Issue
And it is further provided and Enacted That every person or persons hereby pardoned may plead the General Issue without special pleading of this Pardon and give this Act of Pardon in evidence for his discharge and that the same shall be thereupon allowed and the advantage thereof had as fully to all intents and purposes as if the same had béen fully and well pleaded And in such manner as any Iustice of the peace Constable or other Officer questioned for matters acted by them as Officers or in execution of their Offices may have advantage of the matter of their Iustification upon the General Issue by them pleaded by the Laws and Statutes of this Kingdom Thefts and Felonies since the fourth of March 16â—9 excepted Provided also That this Act nor any thing therein contained shall extend or be interpreted to extend to pardon any person or persons whatsoever for any Theft or Stealing of any Goods or other Felonies since the fourth day of March in the year of our Lord one thousand six hundred fifty and nine any thing in this Act contained to the contrary thereof in any wise notwithstanding This Act not to extend to goods to be restored upon an Act for Repeal of two Acts for Sequestrations Provided also That neither this Act nor any thing therein contained shall extend to acquit or discharge any person or persons from making restitution of all such Rents sums of Money Horses Cattel or other Goods which by a certain Act or pretended Act lately made intituled An Act for Repeal of two Acts for Sequestrations are required to be restored to those from whom they were taken Nor shall this present Act be construed to Disable or Bar the respective Owners or Proprietors of and from their several and respective Actions or Suits at Law or in equity for or by reason of the said or any other Rents Moneys Horses Cattle or Goods which since the five and twentieth day of Iuly one thousand six hundred fifty and nine have béen by any person or persons wrongfully received or taken away and for which the said Wrong-doers are not in any wise Indempnified by the said or any other Act of Repeal Goods c. sequestred and actually paid in to any publicks Treasury And be it further Enacted by the authority aforesaid That no person or persons who by vertue of any Order or Warrant mediately or immediately derived from his late Majesty or His Majesty that now is or by vertue of any Act Ordinance or Order of any or both Houses of Parliament or any of the authorities aforesaid or any Committée or Committées acting under them or any of them have seized sequestred levied advanced or paid to any publick use or into any publick Treasury within this Kingdom any Goods Chattels Debts Rents sum or sums of money belonging to any person or persons whatsoever shal hereafter be sued molested or drawn into question for the same but that they and every of them shall be discharged against all persons for so much and no more of the said Goods Chattels Debts Rents sum or sums of money as their several and respective Orders of discharge or acquittances extend unto Persons who have received money privately for his Majesties supply to accompt Provided also That nothing herein contained shall extend to discharge any person or persons who have béen by private order or Instructions imployed and intrusted or have undertaken the imployment to receive any sum or sums of money for the Kings Majesties Service or Supply since the year one thousand six hundred forty and eight from making their accompts for the same Provided also That this Act shall not extend to pardon or discharge from accompts to the Kings Majesty any person or persons for any sum or sums of money received for that Illegal Tax of Decimation Moneys received upon Decimation not pardoned or upon the accompt of any Militia setled or acted in since one thousand six hundred forty and eight and not accompted for or paid over or discharged to or by any that had authority or pretended authority to discharge the respective Receivers of the same Provided also That if any person or persons being His Majesties Menial Servant or Servants or having or pretended to have received particular Instructions or Directions from his Majesty have during the time of such his or their relation unto his Majesty or whilst he or they were acting or pretending to Act for His Majesties Interest in pursuance of the said Instructions or directions Wilfully Maliciously and Trayterously held Intelligence with any forreign Prince or Princes Persons that have had Directions or Instruction from his Majestie and have betrayed their trust or his Majesties Councels excepted State or States or with any person or persons usurping Supreme authority in this Kingdom or other his Majesties Dominions or with their or either of their Ministers or Agents and without his Majesties license and to the intent to betray His Majesties person or Councels or have received any sum or sums of money or pension for such Treachery that then such person or persons as to the offence in this proviso mentioned shall be and is hereby excepted out of this Act any thing herein contained to the contrary notwithstanding so as such person or persons be out-lawed or otherwise legally convicted of such offence or offences within the space of two years from the five and twentieth day of April one thousand six hundred and sixty Duties upon Excise and from Farmers thereof excepted Provided That this Act of General Pardon of any thing therein contained shall not extend to the pardoning or discharging of any Debts or Sums of money due to or for the Excise of any Goods or Merchandize whereof any Entries have béen made in the Custom-house which have grown due since the twenty fifth day of March one thousand six hundred fifty and eight or to the pardoning or discharging of any Debts or Sums of money due to the Farmers or pretended Farmers of Excise since the twenty fifth day of March one thousand six hundred fifty and seven Persons excepted by name Provided also that this Act nor any thing therein contained shall extend to pardon discharge or give any other benefit whatsoever unto John Lisle William Say Sir Hardress Waller Valentine Wauton Tho. Harrison Edward Whalley Wil. Heveningham Isaac Penington Henry Martin John Barkstead Gilbert Millington Edmund Ludlow Sir Michael Livesey Robert Titchbourn Owen Row Robert Lilburn Adrian Scroop John Okey John Hewson William Goffe Cornelius Holland Thomas Challoner John Carew John Jones Miles Corbet Henry Smith Gregory Clement Thomas Wogan Edmond Harvey Thomas Scot William Cawley John Downs Nicholas Love Vincent Potter Augustine Garland John Dixwel George Fleetwood Simon Meyn James Temple Peter Temple Daniel Blagrave Thomas Wait John Cook Andrew Broughton Edward Dendy William Hewlet Hugh Peters Francis Hacker Daniel Axtel nor any of them nor of those two persons or either of
and their heirs shall accompt for and be responsible for all Rents and Profits of the premisses which came to their hands and have not béen by the said Trustées or their Order disbursed disposed or imployed for the maintenance of Ministers or other uses according to the said pretended Act or Ordinance or some other Act Order or Ordinance made in the year of our Lord one thousand six hundred fifty one thousand six hundred fifty four and one thousand six hundred fifty six by any assembly called or reputed a Parliament or assuming the power of a Parliament according to the intention of such Act Acts or Ordinances And the Agents and Receivers under the Order of the said Trustées and the Occupiers and Tenants of the Premisses who have taken the premisses or profits thereof into their hands without agréement to pay Rent therefore and have made no accompt or satisfaction to the Trustes aforesaid or to some other by their Order and also the persons who have held the same or taken the profits thereof under any agréement to pay Rent or Money for the same and have not paid the same shall respectively accompt pay and make satisfaction for so much of the premisses and profits of the premisses as are unsatisfied or unaccounted for as aforesaid and pay such Arrearages of Rents or Money as by such agréement remaineth unpaid by them all which payments and accompts shall be made to such persons and in such manner as in Parliament shall be directed Nevertheless it is not hereby intended that any Minister Schoolmaster or other person for whose benefit and maintenance the said pretended Acts or Ordinances were made shall be accomptable or lyable to make satisfaction for any Profits Rents or Sums of money paid to or taken by them respectively by vertue or colour of any Order or Appointment of the said Trustées or any of them or otherwise Bonds taken in his Majesties name before May 1642. for securities of any his Majesties Receivers not pardoned c. Provided also That this Act do not extend to pardon any Bond taken in his late Majesties Name before the month of May one thousand six hundred forty two for securing the proper Debt of any Servant or Receiver of the Revenue of his said late Majesty that hath not béen paid to or by order of some Lawful or Pretended authority And whereas by an Order of the Six and twentieth day of May in the year One thausand six hundred forty one the then House of Commons in Parliament did accept the sum of One hundred and fifty thousand pounds as a Composition from the Farmers of several Customs voted to be illegally taken and some of the said Farmers did procure and pay the said whole sum of One hundred and fifty thousand pounds at the desire of the said House of Commons and upon their Declaration That such of the said Farmers as did not pay their Proportions should not be pardoned but proceeded against and out of their Fines satisfaction should be made to those who had paid the said One hundred and fifty thousand pounds and in pursuance thereof did on the First of June then next following Resolve That the Estates of such persons living or dead as have by colour of any Patent received monies from the Subject under pretence of such Customs or have béen under-Sharers with the Patentées ought to be made liable to restitution Payments upon proportions of 150000 l. upon the customes It is therefore Provided That this Act shall not extend nor be construed to extend to Pardon or Indempnifie any person or persons their Heirs Executors Administrators or Assigns who have not paid their Proportions of the said One hundred and fifty thousand pounds or ought to have béen contributory thereunto from or against misdemeanors or offences relating to the said Customes or from payment of their Proportions But that the Estates of the dead as well as of the living of such who ought to have béen contributory in whose possession soever Purchasers Bona fide and upon valuable Considerations only excepted shall Continue and be charged and chargeable with the payment of their Proportions to all intents and purposes as if this Act had not béen made any thing herein contained to the contrary notwithstanding Provided also That this Act or any thing therein contained shall not extend or be construed to pardon or discharge any sum or sums of money due and Arrear for Excise of Béer Ale Arrears of Excise upon Beer and Ale or other Native or Inland Commodity since the twenty fourth day of June One thousand six hundred fifty and nine Provided also That nothing in this Act contained shall extend to the pardoning Monies due for free quarter or discharging of any sum or sums of money due from any Officers or Souldiers to any of the Subjects of this Kingdom for frée-quarter since the second day of July One thousand six hundred fifty and nine or to discharge any monies borrowed by any Officers for preventing of frée-quarter Provided alwayes And be it Enacted by the Authority aforesaid That no Conveyance Purchasers bona fide of Lands other then the Kings c. to enjoy their purchases Assurance Grant Bargain Sale Charge Lease Assignment of Lease Grants and Surrenders by Copy of Court-Roll Estate Interest Trust or Limitation of any Vse or Vses of any Manors Lands Tenements or Hereditaments not being the Lands nor Hereditaments of the late King Quéen Prince or of any Archbishops Bishops Deans Deans or Chapters nor being Lands or Hereditaments sold or given or appointed to be sold or given for the Delinquency or pretended delinquency of any person or persons whatsoever by vertue or pretext of any Act Order or Ordinance or reputed Act Order or Ordinance since the first day of January One thousand six hundred forty and one Nor any Statute Iudgment or Recognizance had made acknowledged or suffered to any person or persons Bodies Politick or Corporate before the Nine and twentieth day of September One thousand six hundred fifty and Nine By any of the persons before in this Act by name excepted or their Heirs or by any other person or persons claiming by from or under them or any of them other then the Wife or Wifes child children heir and heirs of such person and persons or any of them for money bona fide to them or any of them paid or lent nor any conveyance assurance grant or estate made before the Five and twentieth day of April One thousand six hundred and sixty By any person or persons to any such person excepted by Name as aforesaid in trust and for the benefit of any other person or persons Bodies Politick or Corporate not excepted by name as aforesaid shall be impeached defeated made void or frustrated hereby or by the attainder or conviction of any such excepted person or persons but that the same shall be held and enjoyed by the Purchasers Grantées Lessées Assigns Cestuy
Hereditaments Escheated or Forfeited by reason of such Attainder and all Title to any Measne Profits by reason of such Conviction Outlawry Attainder or Grant be from henceforth repealed and discharged And that all Escheats Forfeitures and Confiscations by reason of such Outlawries Conviction or Attainder Be and are hereby restored unto such persons so Outlawed Convicted or Attainted their Heirs Executors and Administrators respectively as if no such Attainder had béen Sales made by Ordinance of Parliament Provided Nevertheless And be it Enacted That this Act or any thing herein contained shall not extend to avoid or confirm any Sales or Estates made by vertue or pretence of any Act Order or Ordinance or reputed Act Order or Ordinance of Parliament since the first day of May in the Year of our Lord One thousand six hundred forty two nor any Confirmation thereof made or to be made thereof in this present Parliament but that such sales stand and be in the same plight and condition as they should or might have done if this Act had not béen made Recognizances Obligations c. in the names of the late Protector And be it further Enacted by the Authority aforesaid That all Recognizances Obligations or other Securities made or given to the Kéepers of the Liberty of England by Authority of Parliament or to Oliver Lord Protector of the Commonwealth of England Scotland and Ireland and the Dominions thereunto belonging or to Oliver Lord Protector of the Common-wealth of England Scotland and Ireland and the Dominions and Territories thereunto belonging Or to Richard Lord Protector of the Commonwealth of England Scotland and Ireland and the Dominions and Territories thereunto belonging and not pardoned or discharged by any Act passed or to be passed this present Parliament or otherwise other then such Recognizances Obligations and Securities as have béen made and given to any the pretended power or persons aforesaid or to any deriving or pretending to derive Authority from them by any person or persons for or by reason of their adherence to His Majesty or His said late Royal Father or relating to or arising only upon or in respect of the late Troubles All which are hereby declared to be void and to be delivered up to be Cancelled And all Iudgments Extents Inquisitions Executions and Seizures had for the said Kéepers or Protectors or any of them and not likewise pardoned or discharged other then as aforesaid shall and may be had and prosecuted in the name and to the use of his Majesty his Heirs or Successors and also excepting all Obligations Bonds or Recognizances entred into to the said Kéepers or Protectors or any of them by any person or persons by Order or Direction of any Council of State Committée of Safety Major Generals Decimators or any Officer or other person under them or any other Military power all which Obligations Bonds and Recognizances are hereby discharged and declared to be null and void to all intents and purposes Provided also and be it Enacted That this Act or any thing therein contained Iustices Serjeants c. Commissioners of Sewers shall not extend to continue after the Eighth day of May in the year of our Lord One thousand six hundred and sixty any Iustice or Iustices of one Bench or the other or Barons of the Exchequer Serjeants at Law Commissions of Sewers Commissions of Bankrupts or of charitable uses made or constituted by or in the Name or Stile of any the late pretended powers or authorities Provided alwayes That it shall and may be lawful to and for every person and persons Writs of Errour may be brought who shall find themselves grieved or damnified by any Iudgment Fine Recovery Decrée or Sentence given made levied granted or pronounced in any of the said Courts to procéed in due form of Law either by Writ of Errour Bill of Review Appeal or other lawful remedy for the Reversing Annulling or Revoking of the same in such manner as they might at any time heretofore have done if the said Courts had béen established by lawful Authority other then for those Errours and Defects which are remedied or provided for by this Act. Provided alwayes And be it further Enacted by the Authority aforesaid Non-claim upon Fines of lands sold by Ordinance of Parliament That no Non-claim upon or after any Fine or Fines hereby made good or confirmed shall extend or be construed to Bar or Prejudice any person or persons their Heirs or Successors or their Feoffées or Trustées other then the parties to the said Fines and their Heirs general and special and his and their Trustées as concerning such Right Claim and Interest as they had in or to any Lands Tenements or other Hereditaments which by colour of any Act Order or Ordinance of both or either Houses of Parliament or any Convention sitting at Westminster under the Name or Stile or assuming the Name or Stile of a Parliament since the First day of May in the year of our Lord One thousand six hundred forty and two and before the Five and twentieth day of April in the year of our Lord one thousand six hundred and sixty were Sold Conveyed or Disposed as then or late the Lands Tenements and Hereditaments of the King Quéen or Prince or of Archbishops Bishops Deans Deans and Chapters or other Ecclesiastical persons or as the Lands Tenements and Hereditaments of any other persons for their Adherency to the late King or his Majesty that now is or for any their Actings relating to or in respect of the late Troubles so alwayes that the said person or persons aforesaid their Heirs or Successors pursue their Title Claim or Interest by way of Action or lawful Entry within five years next after the Nine and twentieth day of May in the year of our Lord one thousand six hundred and sixty And although in this Confirmation of Iudicial Procéedings The late Government declared to be usurped it was necessary to mention Divers pretensed Acts and Ordinances by the Names and Stiles which those Persons then Vsurped who took upon them to pass the same Namely some by the Stile and Name of the Kéepers of the Liberty of England by Authority of Parliament and others by the Name and Stile of Protectors of the Commonwealth of England Scotland and Ireland and the Dominions and Territories thereunto belonging Yet this present Parliament doth Declare and it is further Enacted by Authority of the same That the Names and Stiles aforesaid and every of them are most Rebellious Wicked Trayterous and Abominable Vsurpations Detested by this present Parliament Recognition of his Majesties just title as Opposite in the Highest Degrée to His Sacred Majesties most Iust and Vndoubted Right to whom and to his Heirs and Lawful Successors the Imperial Crowns of the Realms of England Scotland and Ireland with their and every of their Dominions and Territories do of Right appertain and as violating and Infringing the just Rights and
shall graciously be pleased to pardon him And if his Majesty shall grant his pardon to any Péer of this Realm or Commoner convicted of any offence against this Act after such Pardon granted the Péer or Commoner so pardoned shall be restored to all intents and purposes as if he had never béen convicted any thing in this Law to the contrary in any wise notwithstanding CAP. II. An Act of Parliament Entituled An Act for dis-enabling all persons in Holy Orders to exercise any Temporal Jurisdiction or Authority Repealed WHereas at the Parliament begun at Westminster the Third day of November in the Sixtéenth year of the Reign of our late Sovereign Lord King Charles of blessed memory since deceased an Act of Parliament was made Entituled An Act for dis-enabling all persons in Holy Orders to exercise any Temporal Jurisdiction or Authority Stat. 17 Car. 1. cap. 27. Rep. Which Act hath made several alterations prejudicial to the constitution and ancient Rights of Parliament and contrary to the Laws of this Land and is by experience found otherwise inconvenient Be it Enacted by the Kings most Excellent Majesty by and with the Advice and Consent of the Lords and Commons in this present Parliament assembled and by the Authority of the same That the said Act Entituled An Act for dis-enabling all persons in holy Orders to exercise any Temporal Jurisdiction or Authority and every clause matter and thing therein contained shall be and is hereby from henceforth repealed annulled and made void to all intents and purposes whatsoever CAP. III. All such Monies Goods and other things which were Received Levied or Collected in these late Times and are remaining in the hands or possession of any Treasurers Receivers Collectors or others not pardoned by the Act of Oblivion declared to be Vested and setled in His Majesty WHereas divers Doubts have béen made whether or no the Monies Goods Chattels and other things excepted to be accounted for in the Act of Frée and General Pardon Indempnity and Oblivion made and passed in the Parliament begun at Westminster the Five and twentieth day of April in the Twelfth year of your Majesties Raign do belong unto and of right are in your Majesty for that the same were not levied received collected or taken by your Majesties Authority or to your Majesties use For remedy and clearing whereof Goods and Monies levied since the 30. of Ian. 1642. and not pardoned are vested in his Majesty We the Lords and Commons assembled in Parliament humbly beséech your Majesty that it may be Enacted and be it Declared Enacted and Ordained by the Kings most Excellent Majesty by and with the Advice and Consent of the Lords and Commons assembled in Parliament and by the Authority thereof That all and every sum and sums of Money Goods Plate Iewels Horses Arms Ammunition and other things whatsoever levied received or taken sithence the Thirtieth of January One thousand six hundred forty two by any of the late pretended Authorities or by pretence or colour of any Power or Authority derived or pretended to be derived from them or any of them for any publick use which are not pardoned by the said Act which are not otherwise vested and setled in the Kings Majesty and all Bonds Obligations Stat. 12 Car. 2. cap. 11. and other Securities entred into for the same or any part thereof be and are hereby vested and setled in the Kings Majesty his Heirs and Successors and that his Sacred Majesty his Heirs and Successors may from time to time and at all times hereafter have demand sue for and recover the same of all and every person and persons their Heirs Executors and Administrators who are accountable for the same or in whose hands or possessions soever the same were or are as if the same had béen levied received collected or taken in his Majesties Name by Authority from his Majesty or to his Majesties use any Law or Statute Vsage or Custom to the contrary in any wise notwithstanding And be it further Enacted by the Authority aforesaid That all and every person or persons which have received any the aforesaid sum or sums of money from any Treasurer or Receiver for any publick use by way of Imprest to be accounted for which are not pardoned or discharged by the aforesaid Act shall be liable to account and called to account in such manner and form as if they had received the same out of his Majesties Exchequer or any other publick Treasury The Revenues of the Churches in Wales and particularly those persons that have received or collected the Revenues of any Churches or Vicarages in Wales or in the County of Monmouth since the year of our Lord One thousand six hundred forty eight Provided they have all due allowances in their accounts as all such persons whose accounts are excepted in the Act of Oblivion have or ought to have And to the end his Majesty may be the better enabled to discover Commissions for discovery and sue for all such Monies Goods and other things invested in his Maiesty by this Act it is further ordained and Enacted by the Authority aforesaid That His Majesty His Heirs and Successors shall and may from time to time issue forth such and so many Commissions to such and so many persons as his Majesty shall think fit either under the great Seal of England or the Seal of his Majesties Exchequer for the better discovering levying receiving and discharging the same Persons accountable enabled to sue for and levy all arrears And be it further Enacted by the Authority aforesaid That all persons accountable to his Majesty by this Act shall have full power and Authority and are hereby enabled to sue for Levy and recover from the parties from whom the same was and is due and for which they are hereby accomptable all sums of Money and Arrears in such manner and form as they might have recovered and levyed the same when they first grew due Provided this Act or any thing therein contained shall not extend to call any person to account or to question any person for Goods or other things remaining in his hands which shall not be called to account Proviso none to be questioned but upon some prosecution begun before the 24 of Iune 1662. or some Information against him either in the Exchequer or Commissioners to be appointed as aforesaid before the four and twentieth of June which shall be in the year of our Lord one thousand six hundred sixty two and that the said Information be prosecuted with effect within twelve moneths after the Exhibition thereof CAP. IV. An Act for a free and Voluntary present to his Majesty EXP. Proviso declaring no commissions of this nature but by authority of Parliament ANd be it hereby Declared That no Commissions or Aids of this nature can be issued out or levied but by Authority of Parliament And that this Act and supply hereby granted shall not
and twentieth of March next be prejudicial to any County City or Place within this Kingdom which are overcharged with Men and Arms beyond their ancient proportion Provided That neither this Act nor any matter or thing therein contained shall be déemed construed or taken to extend to the giving or declaring of any Power for the transporting of any the Subjects of this Realm or any way compelling them to march out of this Kingdom otherwise then by the Laws of England ought to be done Provided That no person whatsoever shall be capable of acting as a Lieutenant No person may be Lieutenant or Deputy Lieutenant that hath not taken the Oaths of Allegiance and supremacy or Deputy-Lieutenant or other Officer or Souldier by Vertue of this Act who hath not already taken the Oaths of Allegiance and Supremacy since the Return of his Majesty into England until he shall take the same according to the Laws and Statutes of this Kingdome Which Oaths the Lords of His Privy Council or any six of them are hereby impowred to administer to any Péer of this Realm who shall be Commissionated by Vertue of this Act and the Deputy-Lieutenants or any two of them in their respective Counties to any Commoner 14 Car. 2. cap. 3. 8. 15 Car. 2. cap. 4. Stat. 3. CAP. VII Publick Acts Confirmed WHereas during the late Difficulties and Exigencies of Affairs in the absence of His most Excellent Majesty and in reference to his Return from beyond the Seas into these His Majesties Dominions The Lords and Commons being assembled at Westminster the Five and twentieth day of April in the Twelfth Year of his Majesties Reign were from thence and after his Majesties Return continued until the Nine and twentieth day of December then next following and now last past and then Dissolved by his Majesty In which time several Acts were Passed by his Majesty by and with the Advice and Consent of the Lords and Commons Assembled as aforesaid which being of necessary use are fit to be Continued and Confirmed although the manner of the said Assembling enforced by the Difficulties and Exigencies aforesaid which then lay upon the Nation is not to be drawn into Example Be it therefore Enacted by the Kings most Excellent Majesty by and with the Advice and Consent of the Lords and Commons in this present Parliament Assembled and the Authority of the same That all and singular the Acts made or mentioned to be made by His said Majesty by and with the Advice and Consent of the Lords and Commons upon or since the said Five and twentieth day of April herein after particularly mentioned and expressed That is to say One Act Entituled Stat. 12. Car. 2. cap. 11. Stat. 12. Car. 2. cap. 4. Stat. 12 Car. 2. cap. 5. Stat. 12 Car. 2. cap. 8. Stat. 12 Car. 2. cap. 9. Stat. 12 Car. 2. cap. 12. Stat. 12 Car. 2. cap. 15. Stat. 12 Car. 2. cap. 10. Stat. 12 Car. 2. cap. 19. Stat. 12 Car. 2. cap. 20. Stat 12 Car. 2. cap. 23. Stat. 12 Car. 2. cap. 24. Stat. 12 Car. 2. cap. 25. Stat. 12 Car. 2. cap. 26. Stat. 12 Car. 2. cap. 27. An Act of Free and General Pardon Indempnity and Oblivion One other Act Entituled A Subsidy granted to the King of Tunnage and Poundage and other Sums of Money payable upon Merchandize Exported and Imported One other Act Entituled An Act for continuing the Excise until the Twentieth of August One thousand six hundred and sixty One other Act Entituled An Act for Continuing the Excise till the Five and twentieth Day of December One thousand six hundred and sixty One other Act Entituled An Act for the speedy Provision of Money for Disbanding and Paying off the Forces of this Kingdom both by Land and Sea One other Act Entituled An Act for Confirmation of Judicial Proceedings One other Act Entituled An Act for the speedy Disbanding of the Army and Garrisons of this Kingdom One other Act Entituled An Act for Supplying and Explaining certain Defects in an Act Entituled An Act for the speedy Provision of Money for Disbanding and Paying off the Forces of this Kingdom both by Land and Sea One other Act Entituled An Act to prevent Frauds and Concealments of His Majesties Customs and Subsidies One other Act entituled An Act for Raising Sevenscore Thousand Pounds for the compleat Disbanding of the whole Army and Paying off some part of the Navy One other Act entituled A Grant of certain Impositions upon Beer Ale and other Liquors for the Increase of His Majesties Revenue during his Life One other Act entituled An Act for taking away the Court of Wards and Liveries and Tenures in Capite and by Knights Service and Purveyance and for Setling a Revenue upon his Majestie in lieu thereof One other Act entituled An Act for the better Ordering the Selling of Wines by Retail and for preventing Abuses in the mingling corrupting and vitiating of Wines and for setting and limiting the Prices of the same One other Act Entituled An Act for the Levying of the Arrears of the Twelve Moneths Assessment commencing the Four and Twentieth day of June One Thousand Six Hundred Fifty and Nine and the Six Moneths Assessment commencing the Five and Twentieth of December One Thousand Six Hundred Fifty and Nine One other Act entituled An Act for Granting unto the Kings Majesty Four Hundred and Twenty Thousand Pounds by an Assessment of Threescore and Ten Thousand Pounds by the Moneth for Six Moneths for Disbanding the Remainder of the Army and Paying off the Navy Stat. 12 Car. 2. cap. 28. Stat. 12 Car. 2. cap. 29. Stat. 12 Car. 2. cap. 30. Sâ—at 12 Car. 2. cap. 35. Stat. 12 Car. 2. cap. 2. One other Act entituled An Act for the further Supplying and Explaining certain Defects in an Act Entituled An Act for the speedy Provision of money for Disbanding and Paying off the Forces of this Kingdom both by Land and Sea One other Act entituled An Act for the Raising of Seventy Thousand Pounds for the further Supply of His Majesty One other Act entituled An Act for the Attainder of several Persons guilty of the Horrid Murder of his late Sacred Majesty King CHARLES the First One other Act Entituled An Act for Erecting and Establishing a Post-Office One other Act entituled An Act for putting in Execution an Ordinance mentioned in thâ—s Act and all and every the Clauses Sentences and Articles in them and every of them contained shall be and hereby are Ratified and Confirmed and Enacted and Declared to have the full Force and Strength of Acts of Parliament according to the tenor or purport thereof and so shall be adiudged déemed and taken to all Intents and Purposes whatsoever and as if the same had béen made declared and Enacted by Authority of this present Parliament CAP. VIII Necessary Carriages to be provided for His Majesty in his Royal Progress and Removals Stat. 12 Car. 2. cap. 24. WHereas by an Act made
in Parliament in the Twelfth year of His Majesties Reign Entituled An Act for taking away the Court of Wards and Liveries and Tenures in Capite and by Knights Service and Purveyance and for setling a Revenue upon His Majesty in lieu thereof It was amongst other Things Enacted for the Reasons and Recompence therein expressed That from thenceforth no person or persons by any Warrant Commission or Authority under the Great Seal or otherwise by colour of buying or making Provision or Purveyance for his Majesty or any Quéen of England for the time being or of any the Children of any King or Quéen of England that shall be or for his their or any of their Houshold shall take any Cart Carriage or other thing whatsoever of any of the Subjects of His Majesty his Heirs or Successors without the frée and full consent of the Owner or Owners thereof had and obtained without Menace or enforcement nor shall summon warn take use or require any the said Subjects to furnish or find any Horses Oxen or other Cattel Carts Ploughs Wayns or other Carriages for the use of his Majesty his Heirs or Successors or of any Quéen of England or of any Child or Children of any the Kings or Quéens of England for the time being for the Carrying the Goods of his Majesty his Heirs or Successors or the said Quéens or Children or any of them without such full and frée consent as aforesaid any Law Statute Custome or Vsage to the contrary notwithstanding which Act may prove very prejudicial and inconvenient to the Kings Majesty in his Royal Progresses upon his necessary occasions to several parts of this Realm in case any person or persons shall obstinately refuse voluntarily to provide sufficient Carriages for Royal service at ordinary and usual Rates for such Carriages as are paid by others of his Subjects in such places contrary to the true intent and meaning of the said Act. Clerk or chief Officer of his Majâ—sties carriages by Warrant from the Green-cloath to provide Carts c. for his Majesties use Be it therefore Enacted by the Kings most Excellent Majesty by and with the advice and consent of the Lords and Commons in this present Parliament assembled That the Clark or chief Officer of his Majesties Carriages shall thrée dayes at least before his Majesties Arrival by Warrant from the Gréen cloth give notice in writing to two or more of his Majesties Iustices of the Peace next adjoyning to provide such a number of Carts and Carriages from the places next adjacent as His Majesty shall have present use of expressing the certainty of that number as also the time and place when and where the said Carts and Carriages are to attend which Carriages shall consist of four able Horses or six Oxen or four Oxen and two Horses for each of which Cart or Carriage Penalty for refusing to furnish his Majesty the respective Owners shall receive six pence for each Mile they shall go laden And that in case any of his Majesties Subjects of this Realm shall refuse to provide and furnish His Majesty that now is or His Quéen that shall be or His or Her Houshold in their Progress or removals with such sufficient and necessary carriages for their Wardrobe and other necessaries for ready monies tendred to them or shall without just and reasonable cause refuse to make their appearance with such sufficient Carts and Carrâ—â—ges as are before exprest that then upon due proof and conviction of such neglect and refusal by the Oath of the Constable or other Officer or two other credible Witnesses before the said Iustices of the Peace of the County or Mayor or other chief Officer of the City or Corporation where he or they inhabit which Oath they shall have power to administer the party so refusing shall for such his refusal and neglect forfeit the sum of Forty shillings to the King's use to be forthwith levied by distress and sale of his Goods and Chattels rendring to the parties the overplus upon every such sale if there shall be any by Warrant from the said Iustices of the Peace Mayor or other chief Officer Provided alwayes That no Horses Oxen Cart or Wain No horses or carriages to travel above a dayes journey nor without pay of ready money shall be enforced to travel above one dayes journey from the place where they receive their Lading and that ready payment shall be made in hand for the said Carriages at the place of Lading without delay according to the aforesaid Rates And in case any Iustice of the Peace Mayor chief Officer or Constable shall take any Gift or Reward to spare any person or persons from making such Carriage or shall injuriously charge or grieve any person through envy hatred or evill will who ought not to make such Carriage or shall Impress more Carriages then he shall be directed from the Gréen Cloth to do That then upon due proof and conviction thereof the party so offending shall forfeit the sum of Ten pounds to the party thereby grieved or any other who shall sue for the same to be recovered by Action of Debt in any of his Majesties Courts of Record wherein no Protection Essoin Penalty for wrongfull charging any person or Wager of Law shall be allowed And in case any person or persons shall presume to take upon him or them to Impress any horses Oxen cart wain or carriages for his Majesties service other then the person so impowered then he or they so offending shall upon due conviction of the said offence incur and suffer the punishment contained in the first recited Act. And whereas of late in his Majesties Progresses excessive Rates and Prices have béen exacted from his Maiesties servants for lodging horse-meat stable-room and other accomodations Rates for horse-meat and diet for his Majesties Servants Be it therefore Enacted by the Authority aforesaid That none of his Majesties said Servants shall be compelled to pay above one shilling by the night for every bed that they shall use for their servants And that in all such houses where any of his Majesties said servants shall pay for their dyet or for hay and provender for their horses convenient lodging shall be provided for themselves and their Servants without paying any thing for the same And be it further Enacted by the Authority aforesaid Rates Prices to be set down by two Iustices of the Peace that any two or more of the Iustices of the Peace near adjoyning to the Road through which his Majesty is to pass shall immediately after notice in writing from the said Gréen Cloth and Avenor under their hands and seals set down and appoint such reasonable Rates and Prices to be paid during his Majesties abode there both for hay oats and other accomodations for horses as they in their discretion shall think méet which Rates one day at the least before his Majesties coming to such place the said Iustices
for six moneths and there to be put to hard labour or to the Common-Gaol for one whole year without Bail or Main-prize at the Discretion of the Iustices of the Peace before whom such Conviction shall be and not to be discharged from thence till he or they have given sufficient Sureties for their Good-behaviour for one whole year next ensuing after his or their inlargement Provided that where any Offender shall be punished by force of this Act that he shall not be prosecuted nor incur the penalty of any other Law or Statute for the same offence 19 H. 7. c. 11. 3 Jac. c. 13. 7 Jac. c. 13. CAP. XI The Confirmation of Three Acts therein mentioned BE it Enacted by the Kings most Excellent Majesty by and with the advice and consent of the Lords and Commons in this present Parliament assembled and by the Authority of the same That the several Acts herein after mentioned made or mentioned to be made upon or since the Twenty fifth day of April in the Twelfth year of his said Majesties Reign by his said Majesty by and with the advice or consent of the Lords and Commons Assembled at Westminster upon the said 25th of April and there continued until the 29th day of December then next following and then dissolved which said Acts are herein after particularly mentioned and expressed by the several and respective Titles following St. 12 Car. 2. cap. 29 St. 12 Car. 2. cap. 33. St. 12 Car. 2. â—ap 14. That is to say One Act Entituled An Act for the raising of Seventy thousand pounds for the further Supply of his Majesty And one other Act entituled An Act for Confirmation of Marriages and one other Act entituled An Act for a perpetual Anniversary shanksgiving on the Twenty ninth day of May and all and every the Clauses Sentences and Articles in them and every of them contained shall be and hereby are Ratified and Confirmed and Enacted and Declared to have the full force and strength of Acts of Parliament according to the tenor and purport thereof and so shall be adjudged déemed and taken to all intents and purposes whatsoever and as if the same had béen made declared and Enacted by Authority of this present Parliament CAP. XII Explanation of a Clause contained in an Act of Parliament made in the Seventeenth Year of the late King Charles Entituled An Act for Repeal of a Branch of a Statute Primo Elizabethae concerning Commissioners for Causes Ecclesiastical VVHereas in an Act of Parliament made in the Seventeenth year of the late King Charles Entituled An Act for Repeal of a Branch of a Statute Primo Elizabethae concerning Commissioners for Causes Ecclesiastical St. 17 Car. 1. cap. 11. it is amongst other things Enacted That no Arch-bishop Bishop nor Vicar-General nor any Chancellor nor Commissary of any Arch-Bishop Bishop or Vicar-General nor any Ordinary whatsoever nor any other Spiritual or Ecclesiastical Iudg Officer or Minister of Iustice nor any other person or persons whatsoever exercising Spiritual or Ecclesiastical Power Authority or Iurisdiction by any Grant License or Commission of the Kings Majesty His Heirs or Successors or by any Power or Authority derived from the King His Heirs or Successors or otherwise shall from and after the first day of August which then should be in the year of our Lord God One thousand six hundred forty one Award Impose or Inflict any Pain Penalty Fine Amerciament Imprisonment or other Corporal punishment upon any of the Kings Subjects for any contempt misdemeanor crime offence matter or thing whatsoever belonging to Spiritual or Ecclesiastical Cognizance or Iurisdiction whereupon some doubt hath béen made that all ordinary power of Coertion and Procéedings in Causes Ecclesiastical were taken away whereby the ordinary course of Iustice in Causes Ecclesiastical hath béen obstructed Be it therefore declared and Enacted by the Kings most Excellent Majesty by and with the advice and consent of the Lords and Commons in this present Parliament assembled The ordinary power of Archbishops c. not taken away and by the Authority thereof That neither the said Act nor any thing therein contained doth or shall take away any ordinary Power or Authority from any of the said Arch-Bishops Bishops or any other person or persons named as aforesaid but that they and every of them exercising Ecclesiastical Iurisdiction may procéed determine sentence execute and exercise all manner of Ecclesiastical Iurisdiction May use Ecclesiastical Iurisdiction and all Censures and Coertions appertaining and belonging to the same before the making of the Act before recited in all causes and matters belonging to Ecclesiastical Iurisdiction according to the Kings Majesties Ecclesiastical Laws used and practised in this Realm in as ample manner and form as they did and might lawfully have done before the making of the said Act. The Stat. 17. Car. 1. cap. 11. Rep. as to all except what concerns the High Commiss on Court Proviso And be it further Enacted by the Authority aforesaid That the afore recited Act of Decimo septimo Caroli and all the Matters and Clauses therein contained excepting what concerns the High Commission-Court or the new erection of some such like Court by Commission shall be and is hereby repealed to all intents and purposes whatsoever Any thing clause or sentence in the said Act contained to the contrary notwithstanding Provided alwayes and it is hereby Enacted That neither this Act nor any thing herein contained shall extend or be construed to revive or give force to the said Branch of the said Statute made in the said first year of the Reign of the said late Quéen Elizabeth mentioned in the said Act of Parliament made in the said seventéenth year of the Reign of the said King Charles but that the said Branch of the said Statute made in the said first year of the Reign of the said Quéen Elizabeth shall stand and be repealed in such sort as if this Act had never béen made Provided also and it is hereby further Enacted That it shall not be lawful for any Arch-Bishop Proviso touching the oath Ex Officio Bishop Vicar-General Chancellor Commissary or any other Spiritual or Ecclesiastical Iudg Officer or Minister or any other person having or exercising Spiritual or Ecclesiastical Iurisdiction to tender or administer unto any person whatsoever the Oath usually called the Oath Ex Officio or any other Oath whereby such person to whom the same is tendred or administred may be charged or compelled to confess or accuse or to purge him or her self of any criminal matter or thing whereby he or she may be lyable to any censure or punishment Any thing in this Statute or any other Law Custom or Vsage heretofore to the contrary hereof in any wise notwithstanding Proviso not to give any other Iurisdiction to any Archbishop c. than they had by law before the year 1639. The Kings Supremacy in Ecclesiastical matters Canons Ecclesiastical Provided
to have the full force and strength of Acts of Parliament according to the tenor and purport thereof and so shall be adjudged déemed and taken to all intents and purposes whatsoever and as if the same had béen Made Declared and Enacted by Authority of this present Parliament CAP. XV. The Pains Penalties and Forfeitures Imposed upon the Estates and Persons of certain notorious Offenders excepted out of the Act of Free and General Pardon Indempnity and Oblivion St. 12 Car. 2. cap. 11. The Lands and Tenements of the persons deceased not discharged by the Act of General Pardon VVHereas in a certain Act passed in the late assembly held at Westminster in the Twelfth year of His Majesties Reign and confirmed by the Authority of this present Parliament Entituled An Act of Free and General Pardon Indempnity and Oblivion amongst other things it is provided that nothing therein contained should extend to discharge the Lands Tenements Goods Chattels Rights Trusts and other the Hereditaments late of Isaac Ewer deceased Sir John Danvers deceased Sir Thomas Maleverer Baronet deceased William Purefoy deceased John Blakiston deceased Sir William Constable Baronet deceased Richard Dean deceased Francis Aleyn deceased Peregrin Pelham deceased John Moore deceased John Aldred alias Alured deceased Humphrey Edwards deceased Sir Gregory Norton Baronet deceased John Venn deceased Thomas Andrews Alderman deceased Anthony Stapley deceased Thomas Horton deceased John Fry deceased Thomas Hammond deceased and Sir John Bourchier deceased of and from such pains penalties and forfeitures as by one other Act of Parliament intended to be afterwards passed for that purpose should be expressed and declared All which persons before mentioned were whilst they lived notoriously known to have béen wicked and active Instruments in the prosecution and compassing of that horrid and Execrable Treason the Murther of our late Soveraign Lord King CHARLES the First of ever blessed memory And whereas William Lord Mounson James Challoner Sir Henry Mildmay Sir James Harrington John Phelps and Robert Wallop who in the moneth of January One thousand six hundred forty eight did act and fit in that Traiterous Assembly which procéeded against the Person and Life of our said late Soveraign Lord King CHARLES the First and Sir Arthur Haslerig who in his life did commit many horrid and Traiterous Crimes against the Person Crown and Dignity of his late Majesty of glorious memory and his Majesty that now is are all of them excepted out of the said Act and reserved to future Pains Penalties and Forfeitures not extending to life since the passing of which Act so as aforesaid confirmed Sir Arthur Haslerig and James Challoner died and no Act hath yet passed for the inflicting of due Pains Penalties and Forfeitures upon the Persons and Estates of the Offenders aforesaid We therefore the Lords and Commons in Parliament assembed do beséech your Majesty That it may be enacted And be it Enacted by the Kings most Excellent Majesty by and with the advice and consent of the Lords and Commons in this present Parliament assembled The Mannors Lands c. of the persons named and by authority of the same That all and every the Mannors Messuages Lands Tenements Rents Reversions Remainders Possessions Rights Conditions Interests Offices Fées Annuities and all other the Hereditaments Leases for years Chattels Real and other things of what nature soever they be of them the said Isaac Ewer Sir John Danvers Sir Thomas Maleverer William Purefoy John Blakiston Sir William Constable Richard Dean Francis Aleyn Peregrin Pelham John Moore John Aldred alias Alured Humphrey Edward Sir Gregory Norton John Venn Thomas Andrews Of which they were seised the 20th of March 1646. or since forfeited and vested in his Majesty The goods debts Chattels of which the persons named were possessed at the time of their death forfeited to his Majesty The goods c. of which William Lord Mounson Sir Hen. Mildmay Sir James Harrington John Phelps and Rob. Wallop were possessed the 11. of Feb. 1659. forfeited and vested in his Majesty Anthony Stapley Thomas Horton John Fry Thomas Hammond Sir John Bourchier William Lord Mounson James Challoner Sir Henry Mildmay Sir James Harrington John Phelps Robert Wallop and Sir Arthur Haslerig which they or any of them or any other person or persons to their or any of their uses or in trust for them or any of them had the five and twentieth day of March in the year of our Lord One thousand six hundred forty and six or at any time since shall stand and be forfeited unto your Majesty your Heirs and Successors and shall be déemed vested and adjudged to be in the actual and real possession of Your Majesty without any Office or Inquisition thereof hereafter to be taken or found And also that all and every the Goods Debts and other the Chattels personal whatsoever of them the said Isaac Ewer Sir John Danvers Sir Thomas Maleverer William Purefoy John Blakiston Sir William Constable Richard Dean Francis Aleyn Peregrin Pelham John Moore John Aldred alias Alured Humphrey Edwards Sir Gregory Norton John Venn Thomas Andrews Anthony Stapley Thomas Horton John Fry Thomas Hammond Sir John Bourchier James Challoner and Sir Arthur Haslerig whereof they or any of them at the time of their respective deaths or any other in Trust for them or any of them stood possessed or interessed in Law or Equity and all the Goods Debts and other the Chattels personal whatsoever of them the said William Lord Mounson Sir Henry Mildmay Sir James Harrington John Phelps Robert Wallop whereof upon the eleventh day of February in the year of our Lord One thousand six hundred fifty and nine they or any of them or any other in trust for them or any of them stood possessed either in Law or Equity shall be déemed and adjudged to be forfeited and are hereby vested and put into the actual and real possession of your Majesty without any further Office or Inquisition thereof hereafter to be taken or found Provided alwayes and be it Enacted by the Authority aforesaid That no Conveyance Assurance Grant Bargain Sale Charge Lease Assignment of Lease Grants Proviso for conveyances and assurances c. made bona fide before the 29. of September and Surrenders by Copy of Court-Roll Estate Interest Trust or Limitation of any use or uses of or out of any Mannors Lands Tenements or Hereditaments not being the Lands nor Hereditaments of the late King Quéen or Prince or of any Archbishops Bishops Deans Deans and Chapters nor being Lands or Hereditaments sold or given for the Delinquency or pretended Delinquency of any person or persons whatsoever by vertue or pretext of some Act Order Ordinance or reputed Act Order or Ordinance since the First day of January one thousand six hundred forty and one nor any Statute Iudgment or Recognizance had made acknowledged or suffered to any person or persons Bodies politick or Corporate before the Nine and Twentieth day of September one thousand
two of them shall forthwith call all such Treasurers High-Constables Petty-Constables or other persons which have formerly béen Intrusted with the Receipt Collecting or Disposing of any such sum of Money charged upon any Parish by vertue of the Statute aforesaid and whereof no account hath béen given and likewise the Executors and Administrators of such person and persons unto a strict account concerning such Levies and Collections made And such Money as they shall find remaining in the custody of such persons to order forthwith to be paid for the intents and purposes aforesaid and no other to the Treasurer appointed by vertue of the said Statute or to be appointed by vertue of this present Act at the next Quarter-Sessions to be holden for such County or Liberty under such penalty as by the said Statute is set forth Which said Treasurer to be appointed by this Act shall continue by vertue hereof until Easter Sessions following The continuance of this Act. Provided That no Pension to be given or assigned by Authority hereof shall excéed to any one person the sum of Twenty pounds by the year This Act to continue to the end of the first Session of the next Parliament CAP. X. An Additional Revenue setled upon His Majesty His Heirs and Successors for the better support of His and their Crown and Dignity The great concernment of proportioning the Publique Revenue to the Charges and Expences FOrasmuch as nothing conduceth more to the Peace and Prosperity of a Nation and the Protection of every single person therein then that the Publick Revenue thereof may be in some measure proportioned to the Publick Charges and Expences We therefore Your Majesties most Loyal and Obedient Subjects the Commons assembled in Parliament having duly considered the Premisses do give and grant unto your most Excellent Majesty Your Heirs and Successors the Rates and Duties herein after mentioned and do most humbly beséech Your Majesty that it may be Enacted And be it Enacted by the Kings most Excellent Majesty by and with the Advice and Consent of the Lords Spiritual and Temporal and the Commons in Parliament assembled and by the Authority of the same That from and after the Five and twentieth day of March in the year of our Lord God One thousand six hundred sixty and two every Dwelling and other House and Edifice and all Lodgings and Chambers in the Inns of Court Inns of Chancery Colledges and other Societies that are or hereafter shall be erected within the Kingdom of England Dominion of Wales and Town of Berwick upon Tweed other then such as in this Act are hereafter excepted and declared shall be chargeable and by this present Act be and are charged with the Annual paâ—ment to the Kings Majesty Every Fire-Hearth and Stove charged with the yearly payment of 2 s. to the King his Heirs and Successors his Heirs and Successors for every Fire-Hearth and Stove within every such House Edifice Chambers and Lodging as aforesaid the sum of Two shillings by the year to be paid yearly and every year at the Feast of St. Michael the Arch-Angel and the Feast of the Annuntiation of the Blessed Virgin St. Mary by even and equal portions the First payment thereof to be paid upon the Feast-day of Saint Michael the Arch-Angel which shall be in the year of our Lord One thousand six hundred sixty and two And to the intent that a just account may be had and taken of all the said Hearths and Stoves by this Act intended to be charged Be it Enacted by the Authority aforesaid How an Accompt shall be taken of all Fire-Hearths and Stoves That every Owner or Occupier of every such House Edifice Lodgings and Chambers shall respectively within six dayes after notice given unto him or them by the respective Constables Headboroughs Tythingmen or other such Officers within whose Precinct the said House Edifice Chambers or Lodgings shall be or by the respective Treasurers or Officers of Inns of Court Inns of Chancery or other Officers of the respective Colledges and other Societies aforesaid wherein any such Lodgings and Chambers shall be deliver unto the said Constables Headboroughs Tithingmen or other such Officers as aforesaid respectively a true and just account in writing under the hands of such Owners or Occupiers as aforesaid of all the said Hearths and Stoves which are within their several and respective Houses Lodgings and Chambers aforesaid And be it Enacted by the Authority aforesaid That the respective Constables Headboroughs How and when the same shall be delivered in Tithingmen or other such Officers within whose limits any such House or Edifice charged by this Act as aforesaid are and the respective Treasurers and other Officers of the respective Inns of Court Inns of Chancery Colledges and other Societies aforesaid shall by the last day of May One thousand six hundred sixty and two require the several Occupiers of every such House Edifice Lodging and Chamber aforesaid to deliver in to them respectively Accounts in writing as aforesaid under their several and respective hands of all such Hearths and Stoves as aforesaid as shall be within their respective Houses Edifices Lodgings and Chambers and upon receipt of the same or upon default of such Account in writing or in case there be no occupiers then within six dayes after notice in writing fixt to the door requiring such Account to be made the said Constables or other Officers respectively as aforesaid shall enter into the said respective Houses in the day-time and compare such Accounts and sée whether the same be truly made or not And if no such Account be delivered then shall take information by their own view of the number of such Hearths and Stoves upon pain that every Constable Treasurer and other Officer aforesaid who shall neglect to do the same shall forfeit for every wéek he or they shall so neglect the sum of Five pounds and for every false return wilfully made contrary to this Act he or they shall forfeit and lose for every Hearth and Stove so falsly returned or omitted the sum of Forty shillings And be it further Enacted by the Authority aforesaid That the several Constables and other Officers who are hereby authorized to take the account of the aforesaid Hearths and Stoves within their particular Limits as aforesaid shall at the next Quarter-Sessions after the said last day of May to be holden for their respective Counties deliver all such Accounts in writing as they shall receive reform or take by their own view unto the Iustices of Peace in their respective Quarter-Sessions of the said Counties together with a true Note of the names of all such persons who shall refuse or neglect to give unto them an account under their hands of such Hearths and Stoves within their respective Houses Edifices Chambers and Lodgings as aforesaid And be it further Enacted How Accompts of Hearths and Stoves shall be enrolled and duplicates thereof by the Iustices
Rivers Streams Channels and Sands some places then appointed are become unfit and useless others much more convenient and commodious as well for Traffique and Commerce as for Landing and Discharging Lading and Shipping of Goods Wares and Merchandize It is Enacted and Ordained and be it Enacted and Ordained by the Authority aforesaid That the Kings Majesty may from time to time by his Highness Commission or Commissions out of his Court of Exchequer assign and appoint all such further Places Ports Members and Créeks except the Town of Hull as shall be lawful for the landing and discharging lading or shipping of any Goods Wares or Merchandize within the Kingdom of England Dominion of Wales or Port or Town of Berwick upon Tweed and to what ancient and head-Ports respectively such Places Members or Creeks shall belong and appertain And where any such Member Créek or Place shall be so as aforesaid appointed by vertue of the said Commission or Commissions the Customer Collector Comptroller and Searcher of the head-Port shall by themselves or their sufficient Deputy or Deputies servant or servants reside and inhabit for the entring clearing and passing shipping and discharging of Ships Goods and Merchandize And by vertue of the aforesaid Commission or Commissions may likewise set down and appoint the extents bounds and limits of every Port Haven or Créek within his Majesties Kingdom of England Dominion of Wales and Town and Port of Berwick whereby the extents limits and priviledges of every Port Haven and Créek may be ascertained and known And it shall not be lawful for any Person or Persons whatsoever to lade or put or cause to be laden or put off or from any Key Wharf or other place on the Land into any Ship Vessel Lighter Boat or Bottom any Goods Wares or Merchandize whatsoever Fish taken by his Majesties Subjects Sea-coal Stone and Bestials only excepted to be Transported into any place of the parts beyond the Seas or carried by land into the Realm of Scotland or to take up discharge or lay on land or cause or procure to be taken up discharged and laid on land out of any Boat Lighter Ship Vessel or Bottom being not in Leak or Wreck any Goods Wares or Merchandize whatsoever Fish taken by his Majesties Subjests Bestials and Salt only excepted to be brought from any of the parts beyond the Seas or by land from the Realm of Scotland by way of Merchandize but only upon such open Place Key or Wharf Places Keys or Wharfs as his Majesty shall from time to time assign and appoint by vertue of such Commission and Commissions as aforesaid in his Majesties Port of London and the Members and Liberties thereof in any other Port Place Member or Créek within his Majesties Kingdom of England Dominion of Wales and Town and Port of Berwick without special sufferance and leave first had from the Commissioners and Officers of his Majesties Customs upon the penalty of the forfeiture of all such Goods Wares and Merchandize For avoiding Practises between Owners of goods and Informers to avoid payment of customs None to seize any goods but officers of the customs And forasmuch as it doth appear by daily experience That there are great Practises and Combinations betwéen the Importers and Owners of Goods and Merchandizes and the Seizers and Informers with design and intent to defraud the force of the Law and his Majesty of his Duties and Customs Be it Enacted by the Authority aforesaid That no Ship or Ships Goods Wares or Merchandize shall be seized as forfeited for or by reason of unlawful Importation or Exportation into or out of this Kingdom of England Dominion of Wales or Port and Town of Berwick or any the Ports members or Créeks thereunto belonging or for not payment of any Customs or Subsidies now due or hereafter to be due and payable to his Majesty but by the person or persons who are or shall be appointed by his Majesty to manage his Customs or Officers of his Majesties Customs for the time being or such other person or persons as shall be deputed and authorized thereunto by Warrant from the Lord-Treasurer or Vnder-Treasurer or by special Commission from his Majesty under the Great or Privy-Seal And if any Seizure shall hereafter be made by any other Person or Persons whatsoever for any the Causes aforesaid such seizure shall be void and of none effect any Statute Law Act or Provision to the contrary in any wise notwithstanding In any suit against persons imployed about the customs the Defendant may plead the general issue 12 Car. 2. cap. 18. And be it further Enacted by the Authority aforesaid That in every Action Suit Indictment Information or Prosecution wherein or whereby the person or persons which are or shall be appointed by his Majesty for managing his Customs or the Officers of his Majesties Customs or any Officer or Officers Person or Persons authorized by his Majesty to put in execution the Act of Parliament For encreasing and encouraging of Navigation their Deputies or Servants or any others acting in aid of them have béen are or shall be sued indicted prosecuted or molested it shall be lawful for all and every the said Persons their Heirs Executors and Administrators to plead the general Issue And to give this for other acts relating to customs or Navigation in evidence and to give this or the aforesaid Acts of Parliament relating to the Customs and Navigation in evidence in any of his Majesties Courts of Iustice or other Courts where the said matter shall be depending And the Iudges of the said Courts are hereby strictly enjoyned and required to admit the same and to acquit and indemnifie them and every of them of and from all such Suits Indictments Informations or Prosecutions for or concerning any matter or thing acted or done in the due and necessary performance and execution of their respective Trusts and Imployments therein Be it hereby also Enacted for avoiding of fraudulent Compositions That if any Seizer For avoyding fraudulent compositions by Informers Informer or Officer as aforesaid shall not prosecute to effect for the bringing to Tryal and Condemnation the Ships Goods and Merchandize by them Seized or Informed against That then and in every such case it shall be lawful to or for any of the person or persons which are or shall be appointed by his Majesty for managing his Customs or the Officers of the Customs or other person or persons deputed by them or thereunto Authorized by the Lord-Treasurer or Vnder-Treasurer to make seizure of or inform against such Goods and Merchandize or bring his Action for the same by way of Devenerunt and that they shall be estéemed and adjudged in Law as the true first Informers and Seizers and have the benefit of such Informers or Seizers Any Law Statute Act or Vsage to the contrary in any wise notwithstanding And that no Informer or Officer be suffered to compound under one Third of the
or within twenty miles compass of them or either of them all such grants powers priviledges and authorities as by this present Act or in or by the said Letters Patents of Incorporation are given or granted or mentioned to be given or granted for or concerning the regulation exercise or government of the said Trade Art or Mystery or any matter or thing relating thereunto or of such person or persons as do or shall exercise the same Any thing in the said Letters Patents or any Act Statute or other matter or thing to the contrary thereof in any wise notwithstanding And whereas there is a necessity lying upon the Silk-throwers to deliver their Winders or Doublers considerable quantities of silk which being of a good value is by evil disposed persons many times unjustly deceitfully and falsly purloined imbezeled pawned sold and detained to the great damage and somtimes the utter undoing of the Thrower who employs the said persons Be it further Enacted by the Authority aforesaid That every such Silk-winder and doubler The punishment of silk-winders that imbezel goods delivered to them who shall at any time hereafter unjustly or deceitfully and falsly purloin imbezel pawn sell or detain any part of Silk delivered or to be delivered by any Silk-thrower or other person to them or any of them to wind or double that in every such case and cases as well the Winder or Iourneyman so offending as the Buyer and Buyers Receiver and Receivers of such Silk being thereof lawfully convicted by confession of the party or parties so offending or by one witness upon Oath before one or more of the Iustices of Peace of the County or Liberty where the same offence or offences shall be committed or if it be within any City or Town-Corporate before the Mayor Bailiff or chief Officer of the said City or Town-Corporate who by force of this Act are impowred and authorized to minister the same Oath and finally to hear and determine all and every the Offences aforesaid and to give and make to the party and parties grieved such recompence and Satisfaction for such their Dammage and Loss and Charges thereabouts as by the said Iustice or Iustices or Chief Officers shall be Ordered and Appointed Provided that no more damage be given or awarded then the party grieved shall prove he is damnified and hath expended in looking after the same And if the party or parties so offending shall not be able or sufficient to make recompence or satisfaction for the said Offence nor do make Recompence or Satisfaction for the same Offence or Offences within fourtéen dayes next after such conviction in such manner and form as by the Iustice or Iustices or Chief Officers shall be ordered and appointed as aforesaid then the party or parties so offending for the first Offence shall be apprehended and Whipped or set in the Stocks in the place where the Offence is committed or in some Market Town in the said County near unto the place where the Offence or Offences aforesaid shall be committed as shall be limited and appointed by the said Iustice or Iustices of the Peace or Chief Officers and for the second Offence to incur the like or such further punishment by whipping or being put in the stocks as the said Iustice or Iustices of the Peace or chief officers shall in their discretion think fit and convenient And be it likewise Enacted by the Authority aforesaid Persons receiving such imbezeled goods how to be punished That all and every Receiver and Receivers Buyer and Buyers of any silk or such as take to pawn any silk imbezeled or purloined contrary to the meaning of this Act matter of fact being proved shall make satisfaction within the time aforesaid or else shall be subject to like punishment as by this Act is inflicted or provided to be inflicted upon such person so imbezeling or purloyning any such Silk as aforesaid Provided always What persons may be imployed not having served as apprentices that it shall and may be lawful to and for any Fréeman of the said Company of Silk-throwers to set on work and imploy any person or persons being native Subjects to his Majesty and no others whether they be men women or children to turn the Mill tye threads double silk and wind silk as formerly they have used to do although such person or persons who shall be so set on work and imployed in the works and services aforesaid shall not have served or béen bred up as Apprentices to the trade of Silk-throwing by the space of seven years and that all and every the said person and persons who shall be set so on work and imployed by any Fréeman of the said Company in the works and services aforesaid shall and may be imployed by any Fréeman of the said Company in the works and services aforesaid or any of them without any let or molestation Any thing in this Act to the contrary notwithstanding Provided The said Corporation may not set rates upon their workmen and be it Enacted that the said Corporation of Silk-throwers shall not by vertue of this Act nor any thing therein contained make any Orders Ordinances or By-Laws to set any rates or prizes whatsoever upon the Throwing of Silk to bind or inforce their members to work at but that their respective members shall be left at liberty to contract with their respective Imployers and also with the persons that they imploy at such rates as they and their imployers and the persons imployed shall agree upon any thing in this Act to the contrary in any wise notwithstanding CAP. XVI For the more speedy and effectual bringing those persons to Account whose Accounts are excepted in the Act of Oblivion BE it Enacted by the Kings most excellent Majesty by and with the Advice and consent of the Lords Spiritual and Temporal and the Commons in this present Parliament Assembled and by the Authority of the same That all and every person and persons who are accountable to the Kings Majesty and their Accounts are not pardoned but excepted by the late Act of Frée and General Pardon Indempnity and Oblivion 12 Car. 2. c. 11 The penalty against such persons as shall not within a certain time perfect their Accounts 33 H. 8. c. 39. and against whom there is any charge now remaining in his Majesties Exchequer and shall through their default not perfect his or their Account before the end of Trinity Term in the year of our Lord One thousand six hundred sixty and two That then the charge against all and every such person or persons shall be taken as a Debt by Writing Obligatory or Recognizance taken or acknowledged to the Kings Majesty according to the Statute of the thrée and thirtieth of King Henry the Eighth Chapter 39. And that all and every other person or persons whose Accounts are excepted in the said Act of Oblivion and have or shall have a Charge or Information against them in
Vnderwoods Poles or young Trées or Bark or Bast of any Trées or any Gates Stiles Posts Pales Rails or Hedge-wood Broom or Furze and wheresoever they find any such to apprehend and cause to be apprehended all and every person and persons suspected for the cutting and taking of the same and them and every of them as well those apprehended carrying or any ways conveying any kind of Wood Vnderwood Poles or young Trées or Bark or Bast of any Trées or any Eates Stiles Posts Pales Rails or Hedge-wood Broom or Furze as also those in whose Houses or other places belonging to them any such Wood Vnder-wood Poles or young Trées or Bark or Bast of any Trées or any Gates Stiles Posts Pales Rails or Hedgwood Broom or Furze shall be found to carry before one Iustice of the Peace of the same County City or Town-Corporate And if the said person and persons so suspected apprehended and carried before the said Iustices do not then and there give a good account how he and they came by such Wood or Vnderwood Poles or young Trées or Bark or Bast of any Trées or Gates Stiles Posts Pales Rails or Hedge-wood Broom or Furze by the consent of the Owner such as shall satisfie the said Iustice or else shall not within some convenient time to be set them by the said Iustice produce the party or parties of whom they bought the same wood Vnder-wood Poles or young Trées or Bark or Bast of Trées Gates Stiles Posts Pales Rails or Hedge-wood Broom or Furze or some other credible witnesse to depose upon Oath such sale of the said Wood Vnder-wood Poles or young Trées or Bark or Bast of Trées Gates Stiles Posts Pales Rails or Hedgwood Broom or Furze which Oath the said Iustice hath hereby power to administer That then the said person or persons so suspected and not giving such good account nor producing any such witnesse upon Oath to testifie the said Sale as aforesaid shall be déemed and adjudged as convicted of the said offence of cutting and spoiling of the same Woods Vnder-woods Poles or young Trées or Bark or Bast of Trées Gates Stiles Posts Pales Rails or Hedge-wood Broom 43 Eliz. cap. 7. or Furze within the meaning of the said Statute of Quéen Elizabeth and shall be liable to the punishment therein contained and to such other procéedings and punishments as by this present Act shall be further constituted and appointed on that behalf And be it therefore Enacted by the Authority aforesaid That all and every person or persons convicted of the said offence in manner and form before in this Act mentioned shall for the first offence give the Owner or Owners such recompence or satisfaction for his or their damages The punishment for the first offence and within such time as the said Iustice shall appoint and over and above pay down presently unto the Overséers for the use of the poor of the Parish where the said offence or offences were committed such sum of money not excéeding Ten shillings as the said Iustices shall think méet and if such offender or offenders do not make recompence or satisfaction to the said Owner or Owners and also pay the said sum to the Poor in manner and form aforesaid then the said Iustice shall commit the said offender or offenders to the House of Correction for such time as the said Iustice shall think fit not excéeding one moneth or to be whipped by the Constable The second offence or other Officer as in his Iudgment shall séem expedient And if such person or persons shall again commit the said offence and be thereof convicted as before that then they and every of them so offending the second time and thereof so convicted shall be sent to the House of Correction for one moneth and be there kept to hard labour And if such person or persons shall again commit the said offence and be thereof convicted as before That then they and every of them so offending the third time and thereof so convicted shall be taken adjudged and déemed as Incorrigible Rogues Buyers of stoln Wood how to be dealt withal Provided always And it is further Enacted by the Authority aforesaid That whosoever shall buy any Burthens of Wood or any Poles or Sticks of Wood or any other the Premisses particularly mentioned in this Bill which may be justly suspected to have béen stoln or unlawfully come by That it shall and may be lawful to and for the said Iustices of the Peace Mayors Bayliffs and Head-Officers or any one of them within their respective Iurisdictions upon complaint to them thereof made to examine the said matter upon Oath which they and every of them respectively are hereby authorized to administer And if they shall find that the same was bought of a person who might iustly be suspected to have stoln or unlawfully come by the same and that the same was stoln or unlawfully come by That in such case the said Iustices of Peace Mayors Bayliffs or other Head-Officers or any one of them respectively shall and may award the party who bought the same to pay treble the value of the same to the party from whom the same was stoln or unlawfully taken And in default of present payment thereof to issue forth their respective Warrants to levy the same by distress and sale of the offenders Goods rendring the overplus to the party And in default of such distress to commit the party to the Gaol at his own charge there to remain one moneth without Bail Provided always Within what time offenders must be questioned within this Act. That no person or persons shall be questioned for any offence upon this Law that hath béen punished for the same offence by any former Law nor shall be punished by this Law unless he be questioned within Six wéeks after the offence committed CAP. III. An Act to explain and supply a former Act for distribution of Threescore thousand pounds amongst the truly Loyal and Indigent Commission-Officers and for Assessing of Offices and distributing the moneys thereby raised for their further supply 14 Car. 2. cap. 8. EXP. CAP. IV. An Additional Act for the better Ordering the Forces in the several Counties of this Kingdom FOr the better Ordering of the Forces in the several Counties and places of England and the Dominion of Wales and Town of Berwick upon Tweed and for the supplying and explaining the late Act Entituled 14 Car. 2. cap. 3. An Act for Ordering the Forces in the several Counties of this Kingdom Be it Enacted by the Kings most Excellent Majesty by and with the Advice and Consent of the Lords Spiritual and Temporal and the Commons in this present Parliament assembled and by the Authority of the same Power of the Lieutenants and Deputy-Lieutenants to Train and Exercise That the several Lieutenants of the several Counties Cities and places nominated by his Majesty his Heirs and Successors respectively and in their absence out
Commissioner Farmer No Commissioner or other may act until he have taken the Oath in the Act of 12 Car. 2. cap. 23. Sub-Commissioner or other person imployed or to be imployed in the Farming Collecting or taking Accompts for the Duty of Excise do after the First day of September next take upon him or them any such Office or procéed in execution of any such Imployment until he or they have first taken the Oaths appointed to be taken by the Act of Parliament Entituled A Grant of certain Impositions on Beer Ale and other Liquors for the increase of His Majesties Revenue during His life before the respective persons appointed in the said Act of Parliament and have Entred his Certificate for taking the said Oaths with the Auditor for Excise under the penalty of Fifty pounds for every Moneth he or they shall so neglect to take the same CAP. XII An Explanatory Act for Recovery of the Arrears of Excise BE it Declared and Enacted by the Kings most Excellent Majesty by and with the Advice and Consent of the Lords Spiritual and Temporal and of the Commons in this present Parliament Assembled and by Authority of the same That where any Commissioner Sub-Commissioner Treasurer In what cases Sureties for Excise shall be answerable for the arrears 12 Car. 2. cap. 11. and all other Officers which were heretofore imployed in the Receipt of the Excise Farmer or Collector of Excise which are and standeth charged with or accomptable for any Duties of Excise by him or them received farmed or detained or any ways due from the persons before named or any of them and not pardoned by the late Act Entituled An Act of Free and General Pardon Indempnity and Oblivion That there and in such case all and every the Sureties of such person and persons charged or chargeable as aforesaid shall be deemed and taken to be liable and answerable according to the nature of their respective Securities Any doubt or question made touching the Construction of the said late Act of Frée and General Pardon to the contrary notwithstanding And be it further Declared and Enacted by the Authority aforesaid That where the Commissioners of Excise for the time being or the major part of them have Issued out any Summons or Warning which hath béen left at the house or usual place of residence or with the Wife Child or menial Servant of any the aforesaid person or persons Chargeable or Accomptable as aforesaid The same shall be déemed and adjudged a good and sufficient Summons and as legal and effectuall a notice as if the same had béen actually delivered to the proper hands of such person or persons to whom the same was directed Any doubt or question thereof made to the contrary notwithstanding CAP. XIII An Additional Act for the better Ordering and Collecting the Revenue arising by Hearth-Money VVHereas the Revenue Setled on His Majesty His Heirs and Successors by a late Act 14 Car. 2. cap. 10. Entituled An Act for Establishing an Additional Revenue upon His Majesty His Heirs and Successors for the better support of His and their Crown and Dignity hath béen much obstructed for want of true and just Accompts under the hands of the respective Occupiers of Houses Edifices Lodgings and Chambers as by the said Act is required and by the negligence of Constables and other Officers intrusted with the Taking and Reforming such Accompts Be it therefore Enacted by the Kings most Excellent Majesty by and with the Advice and Consent of the Lords Spiritual and Temporal and Commons in this present Parliament assembled and by the Authority of the same That the Iustices of the Peace of the respective Counties How the Iustices of the Peace shall cause accompts to be taken of the number of Hearths Corporations Places and Limits within their respective Iurisdictions at the next Sessions to be held after the Feast of Saint Michael the Archangel next ensuing or the major part of them then present shall issue out Warrants under their Hands and Seals to the respective High Constables or other like next Officer who shall issue the like Warrants unto the Petty Constables Head-boroughs and Tythingmen requiring them on the next Sunday after Morning-Service ended to give publick notice in the Church or Chappel generally to all the Inhabitants and also to give notice publickly in the Church and particularly as aforesaid to every Inhabitant within their respective Precincts that shall then be Occupier of any House Edifice Lodging or Chamber That within Ten days next after such notice he give a true and just account in writing under his hand of all Hearths and Stoves in such respective House Edifice Lodging and Chamber unto such respective Constable Head-borough and Tythingman who upon receipt of such Accompt shall with Two other substantial Inhabitants of the said respective Precinct whom they are hereby Authorized to Charge for that purpose in the day-time enter into the respective House Edifice Lodging and Chamber and upon his own view compare such Accompt and sée whether the same be truly made or not and endorse the same Accompt accordingly to what he finds upon his view which Accompt so received and endorsed shall be by him transmitted within twenty dayes after such Receipt to the respective High-Constable or other like Officer as aforesaid together with a Book or Roll fairly written wherein shall be Two Columes The one containing the Names of the persons and number of Hearths and Stoves in their respective Possessions that are chargeable by the said Act and the other the Names of the persons and number of Hearths and Stoves in their respective possessions which are not chargeable by the said Act Which being so received by such respective High Constable or other like Officer as aforesaid and compared together shall within six dayes after such Receipt be transmitted to the two next respective Iustices of the Peace who are hereby impowred to examine the said respective High-Constable or other like Officer as aforesaid Petty Constable Headborough or Tythingman upon Oath concerning the truth and faithfulness of their actings in the premisses which being done the said Iustices shall within ten days after such examination Sign and Transmit the said Book and Roll together with the said Original Accounts so endorsed as aforesaid and filed together unto the respective Clerk of the Peace who shall within Twenty days after receipt thereof Engross the said Book or Roll in Parchment to be still kept in the respective County and Places aforesaid and shall also within Two Months Engross in Parchment a true Duplicate of the said Book or Roll which being Signed by him and by two Iustices of the Peace at least of the respective County and Places aforesaid shall be transmitted within one Month after such Engrossement into His Majesties Court of Exchequer Penalty for omitting any Hearth Provided always and be it Enacted by the Authority aforesaid That if any Occupier of any House Edifice
be lawful for the said Commissioners for the time being or any seven or more of them from time to time and at all times to Assess Taxes or Sums of Money upon the said Ninety five thousand Acres for the raising money for Draining the same again in such proportion as they or any seven or more of them shall think fit together with a penalty for not paying the said Taxes the said penalty not excéeding a third part of such Tax How lands may be sold for non-payment of Taxes or penalties And for default of payment of the said Taxes or Sums of money and penalties Be it Enacted That the Lot and Share of such Participant or Adventurer of and within the said Ninety five thousand Acres as shall be in arrear for the said Tax sum of money or penalty and unpaid by the space of two moneths next after the day appointed for payment by the said Commissioners or any seven or more of them or so much thereof as they shall think fit shall be Sequestred by the said Commissioners or any seven or more of them for or towards the payment of such Tax sum of money or penalty so in arrear restoring the overplus of the money for which such Lot or Share or any part thereof shall be Sequestred if any be Which Sequestration shall be made in writing under the hands and seals of the said Commissioners for the time being or any seven or more of them Provided always and be it Enacted by the Authority aforesaid That in case the said Governor Bayliffs and Corporation constituted by this Act shall neglect or refuse to pay such Tax or Taxes and penalties sum or sums of money as shall from time to time hereafter be taxed and imposed by the said Commissioners before named or to be named by vertue of this Act or any seven or more of them pursuant to the Powers given them by this Act whereupon the Goods and Chattels of any person or persons his or their Tenant or Tenants of and in the said Ninety five thousand acres or any part thereof shall be distrained or sold or his or their Lands Sequestred for the payment thereof or that such person or persons his or their Tenant or Tenants shall thereupon pay the said Tax and Taxes and penalties so assessed and imposed as aforesaid That then the said Governour Bayliffs and Corporation immediately from and after notice to him or them given thereof shall Assess and Tax the whole Ninety five thousand Acres for the satisfaction and payment of the Tax Taxes and penalties sum and sums of money and all damages that such person or persons his or their Tenant or Tenants hath or have paid born or sustained as aforesaid And be it further Enacted by the Authority aforesaid That if the said Governour Bayliffs and Corporation shall not within six moneths next after demand made by such person or persons his and their Heirs Executors and Administrators whose own or Tenant or Tenants Goods and Chattels shall be distrained or sold or Lands sequestred as aforesaid pay and satisfie unto him or them such sum and sums of money and damages as he or they and his and their respective Tenant or Tenants have respectively paid born and sustained That then and from thenceforth such person and persons his and their Heirs and Assigns shall and may bring his and their Action or Actions of Debt in any of the Kings Majesties Courts at Westminster against the said Governour Bayliffs and Corporation for the recovery thereof and by vertue of this Act shall recover the same and be allowed Costs of Suit expended therein And be it further Enacted by the Authority aforesaid That the Commissioners so constituted or to be hereafter constituted as aforesaid or any seven or more of them for the better execution of the Powers hereby given shall may inform themselves by examining Witnesses upon Oath which hereby they or any seven or more of them shall have power to administer due execution of all every or any the Powers or Authorities hereby given them for the doing Iustice therein accordingly The Commissioners to take an Oath Provided always That the said Commiâ—â—ioners and every of them before he or they take upon him or them the execution of any the Powers or Authorities hereby given them other then the administring the Oath following to one another which they shall have authority by this present Act to administer to one another shall take the Oath following viz. I A. B. shall and will without favour or affection hatred or malice truly and impartially according to the best of my skill and knowledg execute and perform all and every the Powers and Authorities established by this Act of Parliament Which Oath any one of the said Commissioners are hereby authorized to administer And be it further Enacted by the Authority aforesaid That all Iudgments Orders Decrées Determinations Alterations Changes Restaurations and other Acts done by the said Commissioners hereby constituted or hereafter to be constituted as aforesaid or of any seven or more of them respectively pursuant to the Powers and Authorities by this Act given shall be final And that the first time and place of their Méeting shall be at or before the Two and twentieth day of September in the year of our Lord One thousand six hundred sixty and thrée at Ely And that afterwards the usual places where the said Commissioners shall sit to Hear Order The Places where the Commissioners shall sit and Determine the Matters to them referred by this Act shall from the 29th of September to the 26th day of March in every year be at the Town of Huntington and from the 25th day of March till the 30th day of September in every year be at Ely unless the said Commissioners hereby constituted or hereafter to be constituted as aforesaid or any seven or more of them shall appoint some other place or places being a Market Town or Towns And the said Commissioners or any seven or more of them shall by Warrant under their hands and seals declare the places and times of their after-méeting which Warrant shall be published in the open Market of such respective places where they last sate betwéen the hours of Twelve Two upon some Market day one moneth at the least before the said time or times of méeting To the end all persons concerned may have sufficient time and notice to make their appearance before them upon any cause of complaint or other occasion And shall have power and authority by Warrant under the hands and seals of any seven or more of them to summon Parties and Witnesses to appear before them Provided That none of the said Commissioners hereby constituted or hereafter to be constituted as aforesaid shall Vote or give his Iudgment or Determination in any matter or thing which concerns the Division and Bounds of the County of or for which he is appointed Commissioner Provided also That no person who
executed in such manner as Iudgement of Transportation by this Act is to be executed But in case such person shall take the said Oath then he shall thereupon be discharged Peers offending how to be proceeded against Provided always and be it Enacted by the Authority aforesaid That if any Péer of this Realm shall offend against this Act he shall pay Ten pounds for the first offence and Twenty pounds for the second offence to be levied upon his Goods and Chattels by Warrant from any two Iustices of the Peace or Chief Magistrate of the Place or Division where such Peer shall dwell and that every Péer for the third and every further offence against the tenour of this Act shall be tried by his Péers and not otherwise The continuance of this Act. Provided also and be further Enacted by the Authority aforesaid That this Act shall continue in force for Thrée years after the end of this present Session of Parliament and from thenceforward to the end of the next Session of Parliament after the said Thrée years and no longer CAP. V. Against Disturbances of Sea-men and others and to preserve the Stores belonging to His Majesties Navy Royal. WHereas divers fightings quarrellings and disturbances do often happen in and about His Majesties Offices Yards and Stores for His Majesties Royal Navy and frequent differences and disorders are occasioned in the Office of His Majesties Treasury of the Navy on Pay-days in London Portsmouth and other places of méeting for the service of the said Navy and that either by the unreasonable turbulency of Sea-men and others attending on or relating to that Service or their Creditors or by the rudeness of the Officers intrusted with His Majesties Stores on Land or in his Royal Ships when they are questioned by the principal Officers and Commissioners of the said Navy either for neglect or imbezelment of His Majesties Provisions Ammunitions or other Equipage of the Navy under their charge And that not only to the disturbance of the Peace but sometimes to the danger and hindrance of His Majesties Service both in point of Husbanding His Majesties Revenue and also in dispatch of the Ships on which the honour and safety of His Majesty and Kingdom so much depends which Inconveniences require a spéedier Remedy then the ordinary attendance on the Sessions of the Peace can give the parties accused or offending being many times bound to Sea And the principal Officers and Commissioners for want of authority to suppress such Insolencies and determine such Cases being necessitated to pass by many offences in which His Majesty might be righted if their necessary attendance on that Important Service would permit the prosecution of the Offenders before other ordinary Iudicatures Be it therefore Enacted by the Kings most Excellent Majesty with the advice and consent of the Lords Spiritual and Temporal and Commons in Parliament assembled and by Authority of the same That the Treasurer Comptroller Surveyour Clerk of the Acts and the Commissioners of the Navy for the time being Who may punish disturbances by Sea-men and others relating to the Navy Office or any two or more of them have power and Authority to examine and punish all such person and persons whom they upon their enquiry examination or on view in their presence shall find hereafter to make or have made any disturbance fighting or quarrelling in the Yards Stores or Offices aforesaid at Pay-days or on other occasions relating to the Naval Services in such manner as followeth that is to say That they or any two or more of them may punish any the said offences by Fine Imprisonment or either of them the Fine not excéeding twenty shillings and the Imprisonment not excéeding one wéek and have power in such cases to commit such persons to the next Gaol or to the custody of the Messenger or Messengers for the time being attendant on them who respectively are to receive and detain such person so offending And that the said principal Officers Commissioners or the greater number of them then present have power to discharge such Fine or Imprisonment if they so think fit And for non-payment of the Fine so Imposed and not remitted to imprison the party offending until payment thereof which said Fines shall be paid to the Clerk of the Chest for the use of the maimed Sea-men and that the examination of witnesses be upon oath before them which they any two or more of them are accordingly impowred to administer And it is further by the Authority aforesaid Enacted That the said Officers and Commissioners or any two or more of them in Cases where greater example or punishment is néedful may also bind the person and persons offending to their good behaviour with or without Securities as occasion shall be Imbezilling of Stores and Ammunition And whereas divers of His Majesties Stores and Ammunition pertaining to his Navy and Shipping or service thereof are Imbezelled and Filched away It is by like Authority Enacted That the said principal Officers and Commissioners or any two or more of them by warrant under their hands and seals have power in like manner to enquire and search for the same in all places as Iustices of the Peace may do in case of Felony and punish the Offenders by such Fine and Imprisonment as aforesaid and cause the Goods to be brought in again And if th◠offence be of such nature as doth require a higher and severer punishment Then that they or any two or more of them may commit such offenders to the next Gaol or to the custody of their Messenger or Messengers aforesaid till he or they so offending enter into Recognizance with Surety or Sureties according to the nature of the offence to appear and answer to the same in his Majesties Court of Exchequer or other Court where his Majesty shall question him or them for the same within one year following on process duly served for that purpose on such offender or offenders And it is Declared and Enacted by the Authority aforesaid That they the said principal Officers and Commissioners or any two or more of them may put in use the said powers on the Offenders as aforesaid in all places where they hold an Office for his Majesty as well within Liberties as without Any Law Statute Ordinance Charter or Priviledge to the contrary notwithstanding This Act to continue for two years from the First day of June The continuance of this Act. 19 Car. 2. cap. 7. One thousand six hundred sixty and four And from thence to the end of the next Session of Parliament CAP. VI. To prevent the delivering up of Merchants Ships WHereas it often happeneth that Masters and Commanders of Merchants Ships do suffer their Ships to be boarded and the goods to be taken out by Pyrats and Sea-Rovers notwithstanding they have sufficient force to defend themselves whereby not only the Merchants are much prejudiced but the honour of the English Navigation
present Act That it shall and may be lawful to and for Watermen Boatmen Bargemen and other helpers of them in convenient places to have and use Winches Ropes and other Engines and with the same by strength of Men Horses or other Beasts or any of them going upon the Land or Banks near the said River or passages in convenient manner without the hindrance trouble or impeachment of any person or persons to Draw or Hale up the Barges Boats Lighters or other Vessels Provided always That neither the said Vndertakers nor Commissioners do make or cause to be made any landing Place Wharf or Key within the City of New-Sarum New-Sarum or the bounds or liberties thereof or within one mile of the same from Harnam-Bridge down the stream towards Christ-Church without the consent of the Lord Bishop of Sarum the Mayor and Recorder of the said City for the time being and the thrée antientest Aldermen of the said City or thrée of them first had and obtained And be it further Enacted by the Authority aforesaid That the said Haven River Channels The River Havens c. to be under the Survey of the Vndertakers and Commissioners Trenches and all Wears Wharfs Sasâ—es Locks Turnpikes Penns for water and all other things whatsoever made and erected in order to making the said Haven and making Navigable the said River and Channel as aforesaid shall from henceforth be in the sole Rule Order and Survey of the said Vndertakers and Commissioners as aforesaid and not under the Survey or Order of any Commissioners of Sewers nor subject to a Commission of Sewers or any Laws or Statutes made for Sewers Any Law or Statute to the contrary hereof in any wise notwithstanding And be it further Enacted by the Authority aforesaid That if any Action Bill Persons sued for acting upon this Act may plead the general Issue Plaint or Suit be brought in any of His Majesties Courts at VVestminster or elsewhere against any person or persons for or concerning any matter or thing by him them or any of them done advised or commanded to be done by vertue of this Act That it shall and may be lawful for every such person and persons and for all that act in their aid and assistance or by their commandment to plead the General Issue that he or they are not Guilty And to give this Act or any clause matter or thing herein contained in Evidence to the Iury that shall try the same for their justification without special Pleading of the same and shall thereupon take advantage of this Act as fully to all intents and purposes as if the same had been by them fully and well pleaded Provided also and be it Enacted by the Authority aforesaid That Philip Earl of Pembroke and Montgomery shall and may have power authority and liberty if he shall see cause and find it to be necessary and convenient to the publick good to enlarge and make Navigable the River of VViley from Harnam-Bridge aforesaid so far as VVilton in the County of VVilts Wiley River and in order thereunto to put in execution the several Powers of this Act in relation to the said River of VViley in the same and as ample manner as the said River of Avon may be made Navigable by this Act and under the same Provisoes Restrictions and Limitations Anno XVII Caroli II Regis CAP. I. Twelve hundred and fifty thousand pounds granted to the Kings Majesty for his present further Supply VVE Your Majesties most Dutiful and Loyal Subjects the Commons Assembled in Parliament having observed the Ways and Means by which Your Majesty hath béen enforced to Engage Your self in a War against the States of the United Provinces for the necessary Defence of Your own Crown and Dignity and the Safety and welfare of Your People Do with all humble Thankfulness acknowledge Your Majesties Care and Conduct in this Great Affair which as it hath béen already attended with very considerable Success so we shall daily pray that all Your Majesties Enterprises may still be crowned with Honour and Victory And although the continuing Insolence of Your Majesties Enemies and the doubtful Amity of some of Your Majesties Neighbours have made it necessary to provide for further and greater Expences in a time when the general Contagion hath much interrupted our Trade and Commerce Yet that Your Majesty may sée that we your Majesties Loyal Subjects do more consider our Zeal and Duty to your Majesty then any difficulties under which we labour We have chearfully and unanimously given and granted and by these presents do give and grant unto Your most Excellent Majesty the sum of Twelve hundred and fifty thousand pounds to be Raised and Levied in manner following And we do most humbly beséech Your Majesty That it may be Enacted And be it Enacted by the Kings most Excellent Majesty by and with the Advice and Consent of the Lords Spiritual and Temporal and of the Commons in this present Parliament Assembled and by Authority of the same That the sum of Twelve hundred and fifty thousand pounds shall be Raised Levied 1250000 l. granted to his Majesty and paid unto your Majesty within the space of Two years in manner following That is to say Whereas in and by a certain Act of Parliament lately passed Entituled An Act for granting a Royal Aid unto the Kings Majesty of Twenty four hundred threescore and seventeen thousand and five hundred pounds 16 17 Car 2. cap. 1. to be Raised Levied and paid in the space of Three years It was amongst other things Enacted That the sum of Thréescore and eight thousand eight hundred and ninetéen pounds and nine shillings by the month for Thirty six months beginning from the Five and twentieth day of December 1664. should be Assessed Taxed Collected Levied and paid by Twelve Quarterly payments in the several Counties Cities Burroughs Towns and places within England and VVales and the Town of Berwick upon Tweed according to the several Rates and Proportions and in such manner as in the said Act is expressed One years payment whereof that is to say Four Quarterly Payments will be fully expired upon the Five and twentieth day of December in the year of our Lord 1665. And Two years payment more will be then to come and unexpired It is now further Enacted by the Authority aforesaid 52083 l. 6 s. 8 â— per mensem That the sum of Fifty two thousand fourscore and thrée pounds six shillings and eight pence by the moneth for Twenty four moneths beginning from the Five and twentieth day of December One thousand six hundred sixty five shall be Assessed Taxed Collected Levied and paid by Eight Quarterly payments in the several Counties Cities Burroughs Towns and places within England and VVales and the Town of Berwick upon Tweed over and above the sum of Thréescore and eight thousand eight hundred and ninetéen pounds and nine shillings by the moneth which is to
be given upon Demurrer for the Avowant or him that maketh Cognisance for any Rent the Court shall at the prayer of the Defendant award a Writ to inquire of the value of such Distress and upon the return thereof Iudgement shall be given for the Avowant or him that makes Cognisance as aforesaid for the Arrears alledged to be behind in such Avowry or Cognisance if the Goods or Cattel so distrained shall amount to that value And in case they shall not amount to that value then for so much as the said Goods or Catel so distrained amount unto together with his full Costs of Suit and shall have like Execution as aforesaid Provided always And be it Enacted That in all Cases aforesaid where the value of the Cattel distrained as aforesaid shall not be found to be to the full value of the Arrears distrained for that the party to whom such Arrears were due his Executors or Administrators may from time to time Distrain again for the Residue of the said Arrears 19 Car. 2. cap. 5. This Act made to extend to Wales and Counties Palatine CAP. VIII An Act for avoiding unnecessary Suits and Delayes FOr the avoiding of unnecessary Suits and Delayes Be it Enacted by the Kings most Excellent Majesty 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 Death of either party between the Verdict and Iudgment That in all Actions personal and real or mixt the death of either party betwéen the Verdict and the Iudgment shall not hereafter be alledged for Error so as such Iudgment be entred within two Terms after such Verdict And be it further Enacted by the Authority aforesaid Iudgment obtained by an Executor where any Iudgment after a Verdict shall be had by or in the name of any Executor or Administrator In such case an Administrator de bonis non may sue forth a Scire facias and take Execution upon such Iudgment This Act to continue for the space of Five years The continuance of this Act. and from thence to the end of the next Session of Parliament CAP. IX An Act for granting one Moneths Assessment to His Majesty WE Your Majesties most dutiful and Loyal Subjects the Commons Assembled in Parliament taking notice of that Heroick Courage The Heroick Courage of his Highness the Duke of York with which Your Majesties Royal Brother exposed his own Person for the Defence of Your Majesty and Your People against the Dutch Fléet and of the Glorious Victory through the blessing of Almighty God by him obtained are humble Suiters unto Your Majesty that we may have leave to make some expressions of our Humble Thanks to his Royal Highness for the same And that for this end Your Majesty would graciously please to accept from us your Loyal Subjects the sum of money herein after mentioned and to bestow the same upon Your Majesties Royal Brother Wherefore we your Majesties said Dutiful and Loyal Subjects have given and granted and by these presents do give and grant unto your most Excellent Majesty whom God long preserve the Sum of One hundred and twenty thousand nine hundred and two pounds fiftéen shillings and eight pence to be raised and levied in manner following That is to say Whereas in and by a certain Act lately passed for granting a Royal Ayd unto his Majesty of Twenty four hundred thréescore and seventéen thousand and five hundred pounds to be raised 16 17 Ca◠2. cap. 1. levied and paid within the space of thrée years It was amongst other things Enacted That the sum of Thréescore and eight thousand eight hundred and ninetéen pounds and nine shillings by the Moneth for thirty six Moneths beginning from the Five and twentieth day of December One thousand six hundred sixty four should be assessed taxed levied and paid by twelve quarterly payments in the several Counties Cities Burroughs Towns and places within England and Wales and Town of Berwick upon Tweed according to the Rates and Proportions therein expressed And whereas in and by another Act passed in this present Session of Parliament 17 Car. 2. cap. 1. It is further Enacted That the sum of Fifty two thousand fourscore and thrée pounds six shillings and eight pence by the moneth for twenty four moneths beginning from the five and twentieth day of December One thousand six hundred sixty five shall be likewise assessed taxed collected levied and paid by eight quarterly payments in the several Cities Burroughs Towns and Places within England and Wales and the Town of Berwick upon Tweed over and above the said sum of Thréescore and eight thousand eight hundred and ninetéen pounds and nine shillings as an addition to and increase of the same monethly Assessment both which Sums together amount unto the sum of One hundred and twenty thousand nine hundred and two pounds fiftéen shillings and eight pence by the Moneth It is now further Enacted by the Kings most Excellent Majesty by and with the Advice and Consent of the Lords Spiritual and Temporal and of the Commons in this present Parliament Assembled That the Sum of One hundred and twenty thousand nine hundred and two pounds fiftéen shillings and eight pence for one Moneths Assessment more beginning upon the Six and twentieth day of December One thousand six hundred sixty seven and ending upon the Six and twentieth day of January in the same year shall be assessed taxed collected levied and paid in the several Counties Cities Burroughs Towns and Places within England and Wales and the Town of Berwick upon Tweed according to the Rates and Proportions following That is to say For the County of Bedford the sum of One thousand five hundred seventy and five pounds twelve shillings six pence farthing The County of Berks the sum of One thousand nine hundred eighty nine pounds four shillings nine pence thrée farthings The County of Bucks the sum of Two thousand thrée hundred and ten pounds fourtéen shillings and thrée pence The County of Cambridge the sum of One thousand seven hundred ninety and one pounds eightéen shillings thrée half pence The Isle of Ely the sum of Six hundred and fourtéen pounds thirtéen shillings and nine pence The County of Chester with the City and County of the City of Chester the sum of One thousand four hundred and seven pounds thirtéen shillings and one peny The County of Cornwall the sum of Two thousand seven hundred and seven pounds seven pence farthing The County of Cumberland the sum of Two hundred ninety and five pounds thirtéen shillings and four pence farthing The County of Derby the sum of One thousand five hundred and fiftéen pounds one shilling and thrée pence thrée farthings The County of Devon the sum of Five thousand six hundred seventy and four pounds five shillings eleven pence farthing The City and County of the City of Exon the sum of Two hundred and four
moneys as shall be paid by them in pursuance of this Act which Acquittances shall be a full Discharge to the said Head-collectors and Sub-collectors respectively Acquittances And the said Sub-collectors shall make and deliver to the said Head-collectors a perfect Schedule fairly written in Parchment under their hands and seals signed and allowed by any two or more of the respective Commissioners containing the names sirnames and places of abode of every person within their respective Collection that shall make default of payment of any of the sums that shall be Rated or Assessed on such person by vertue of this Act and the sum and sums charged on every such person The same Schedule to be delivered by the Head-collector to the Receiver-general of that County City Town or Liberty respectively to be by him returned into His Majesties Exchequer Whereupon every person so making default of payment may be charged by Process of the Court according to the course thereof in that behalf None shall be double charged for his Titles or degrees Provided always and be it Enacted That no person shall by vertue of this Act be doubly charged for or in respect of several Titles Honours or Degrées but that every such person shall be charged and assessed for such Title Honour or Degrée onely as is Highest Rated by this Act. Not Letters Patents of Exemption allowable against this Taxe And be it further Enacted by the Authority aforesaid That no Letters Patents granted by the Kings Majesty or any of His Royal Progenitors or to be granted by His Majesty to any person or persons Cities Boroughs or Towns corporate within this Realm of any manner of Liberties Priviledges or Exemptions from Subsidies Toll Taxes Assessments or Aids shall be construed or taken to exempt any person or persons City Borough or Town-corporate or any the Inhabitants of the same from the burthen and charge of any sum or sums of money granted by this Act or any other Act of this Parliament now in force to the Aid and Supply of His Majesty in the present War And all Non-obstantes in any such Letters Patents made or to be made in bar of any Act or Acts of Parliament for the supply or assistance of His Majesty are hereby declared to be void and of none effect Non obstante Any such Letters Patents Grants or Chatter or any Clause of Non obstante or other matter or thing therein contained or any Law or Statute to the contrary notwithstanding No former Receiver not having accompted may be a receiver upon this Act. Provided always and be it Enacted by the Authority aforesaid That if any person being a Receiver of money due upon any former Act of this present Parliament not having accompted for all the moneys by him received and to be accompted for upon such Act or Acts before Michaelmas One thousand six hundred sixty six shall be appointed Receiver for any the moneys due by this Act and shall intermeddle therein every such person shall forfeit the sum of Five hundred pounds to be recovered by any person or persons that will sue for the same in any of His Majesties Courts of Record by Action of Debt Bill Plaint or other Information wherein no Essoyn Protection Wager of Law Aid Prayer Priviledge Injunction or Order of Restraint shall be in any wise prayed granted or allowed nor any more then one Imparlance Provided always And be it Enacted That Thirty thousand pounds and no more of the money to be raised by this Act How Peers shall be rated may be applyed for the payment of His Majesties Guards Provided nevertheless And be it further Enacted That all and every the Péers who are to be rated by vertue of this Act for their Offices and personal Estates shall be rated by John Lord Roberts Lord Kéeper of the Privy Seal George Duke of Buckingham George Duke of Albemarle General of His Majesties Forces by Sea and Land Edward Earl of Manchester Lord Chamberlain of his Majesties Houshold Anthony Earl of Kent Richard Earl of Dorset John Earl of Bridgewater James Earl of Northampton Oliver Earl of Bolingbrook Thomas Earl Rivers Arthur Earl of Essex Arthur Earl of Anglesey Charles Earl of Carlisle William Earl of Craven Richard Lord Archbishop of York Humphrey Lord Bishop of London George Lord Bishop of Winchester Benjamin Lord Bishop of Lincoln Seth Lord Bishop of Exeter Edward Lord Bishop of Carlisle John Lord Bishop of Rochester Henry Lord Arlington one of His Majesties Principal Secretaries of State George Lord Berkley of Berkley-Castle Philip Lord Wharton Charles Lord Howard of Charlton William Lord Grey of Wark Francis Lord Newport John Lord Lucas John Lord Bellasyse Charles Lord Gerard of Brandon Charles Lord Cornwallis and Anthony Lord Ashley Chancellour and Vnder-treasurer of His Majesties Exchequer or any five of them and not otherwise and shall not be Subject to the Imprisonment of his or their Persons Any thing in this Act contained to the contrary in any wise notwithstandding And to the intent that all Moneys to be lent to Your Majesty and the Moneys that shall be due upon Contracts for Wares Ships Goods Victuals or other Necessaries which shall be delivered for this Service may be well and sufficiently secured out of the Moneys arising and payable by this Act. Be it further Enacted by the Authority aforesaid How moneys sent oâ—â—ares advanced upon this Act may be secuâ—ed That there shall be provided and kept in Your Majesties Exchequer to wit in the Office of the Auditor of the Receipt One Book or Register in which all Moneys that shall be paid into the Exchequer shall be Entred and Registred apart and distinct from all other Moneys paid or payable to Your Majesty or to Your Heirs or Successors upon any other Branch of Your Revenue or upon other Accompt whatsoever And that there be one other Book or Registry provided and kept in the said Office of all Orders and Warrants to be made by the Lord Treasurer and Vnder-Treasurer or by the Commissioners of the Treasury for the time being for payment of all and every sum and sums of Moneys to all persons for Moneys lent Wares Goods or Victuals or other Necessaries bought or Ships hired or other payments directed by Your Majesty relating to the service of this War And that no Moneys leviable by this Act be issued out of the Exchequer during this War but by such Order or Warrant mentioning That the Moneys payable by such Order or Warrant are for the service of Your Majesty in the said War respectively That also there be the like Book or Registry provided and kept by the said Auditor of all Moneys paid out or issued by vertue of such Orders and Warrants And that it shall be lawful for any person or persons willing to lend any Money or to furnish any Wares Victuals Ships Goods or other Necessaries on the Credit of this Act at the usual times when the
are for the use and service aforesaid to be kept in His Majesties Office of Receipt in the said Mint or Mints under the usual Keys of the Warden Master and Worker and Comptroller for the time being and issued out thence from time to time according to the manner and course of the said Mint or Mints respectively And it is hereby further Enacted That there shall not be issued out of the Exchequer of the said moneys in any one year for the Fées and Salaries of the Officers of the Mint or Mints and towards the providing maintaining and repairing of the Houses Offices and Buildings and other necessaries for Assaying Melting down and Coyning above the sum of Thrée thousand pounds Sterling money And the overplus of the said moneys so kept or to be kept as aforesaid shall be imployed for and towards the expence waste and charge of assaying melting down and Coynage and buying in of Gold and Silver to Coyn The continuance of this Act. and not otherwise And lastly Be it Enacted And it is hereby Enacted by the Authority aforesaid That this Act shall continue and be in force until the Twentieth day of December which shall be in the year of our Lord One thousand six hundred seventy one and until the end of the first Session of Parliament then next following Proviso and no longer Provided always and be it further Enacted That where His Majesty in and by his Letters Patents under his Great Seal dated at Westminster the Twentieth day of August in the Twelfth year of his Reign Dame Barbara Villiers did for divers good causes and considerations Him moving give and grant to Dame Barbara Villiers Widow the sum of Two pence by tale out of every pound weight Troy of Silver moneys which from thenceforth should be Coyned by vertue of any Warrant or Indenture made and to be made by His Majesty his Heirs and Successors To have hold receive perceive and take the same unto the said Dame Barbara Villiers her Executors Administrators and Assigns from the Ninth day of the then instant August wéekly as the said moneys should be Coyned for and during the term of One and twenty years as by the same doth appear That His Majesty may out of the moneys leviable by this Act appoint and cause reasonable satisfaction to be made yearly to the said Dame Barbara Villiers her Executors and Administrators for her Interest in the Premisses not excéeding the sum of Six hundred pounds in any one year Anno Regni CAROLI II. Regis Angliae Scotiae Franciae Hiberniae Decimo Nono AT the Parliament begun at Westminster the Eighth day of May Anno Dom. 1661. In the Thirteenth Year of the Reign of our most Gracious Soveraign Lord CHARLES by the Grace of God of England Scotland France and Ireland King Defender of the Faith c. And there continued by several Prorogations to the 18th day of September 1666. And then continued to the 8th of February following And thence Prorogued to the 10th of October 1667. were Enacted as followeth CAP. I. An Act Explanatory of the Act for Raising Moneys by a Poll and otherwise towards the Maintenance of this present War 18 Car. 2. cap. 1. WHereas by an Act of this present Session of Parliament Intituled An Act for Raising Moneys by a Poll and otherwise towards the Maintenance of this present War It is Enacted That all and every person and persons shall pay unto His Majesty the sum of Twelve pence over and above the other Rates charged upon them by the said Act To prevent all doubts that may arise in the execution thereof Be it Enacted and Declared by the Kings most Excellent Majesty by and with the Advice and Consent of the Lords Spiritual and Temporal and Commons in this present Parliament Assembled and by the Authority of the same That the said sum of Twelve pence shall be charged upon and be paid by every person of what age sex or condition soever within the Kingdom of England Dominion of Wales and Town of Berwick upon Tweed other then such persons who receive Alms from the Parish and the Children of any person remaining in his or her family who by reason of their poverty doth not contribute unto the Rates for Church and Poor and which are under the age of sixtéen years and are therefore exempted by the said Act. And be it further Enacted That the respective Parents Guardians and Tutors of every person under the age of One and twenty years shall upon default of payment by such person and upon demand pay Twelve pence for every such person residing in their family or under their Tuition and not exempted as aforesaid And be it Enacted That every person and persons charged or appointed to make any payment by vertue of this present Act shall be compellable by the Commissioners appointed by the before recited Act or any two or more of them to pay the same according unto the Rules and Methods and under the Penalties for paying the Rates expressed in the said recited Act. And be it further Enacted and Declared That every person or persons charged by the said recited Act for his or their Profession Office or in respect of any other capacity chargeable by this or the aforesaid Act who shall find him or themselves overcharged shall and may upon his or their Appeal before the Commissioners in the said Act mentioned or any two or more of them upon his or their several Oaths discharge him or themselves in such manner and form as persons over-rated for their personal Estates are by the said Act enabled And be it Enacted That all persons not being Housholders nor having a certain place of abode and all Servants shall be taxed at the places where they shall be resident at the time of the execution of the said Act and not otherwhere CAP. II. A Judicature erected for Determination of Differences touching Houses Burned or Demolished by reason of the late Fire which happened in London WHereas the greatest part of the Houses in the City of London and some in the Suburbs thereof have béen burnt by the dreadful and dismal Fire which happened in September last Many of the Tenants Vnder-tenants or late Occupiers whereof are liable unto Suits and Actions to compel them to repair and rebuild the same and to pay their Rents as if the same had not béen burned and are not relieveable therein in any ordinary course of Law and great Differences are like to arise concerning the said Repairs and new Building of the said Houses and payment of Rents which if they should not be determined with all spéed and without charge would much obstruct the rebuilding of the said City And for that it is just that every one concerned should bear a proportionable share of the loss according to their several Interests wherein in respect of the multitude of cases varying in their circumstances no certain general rule can be prescribed Be it
of them then present have power to discharge such Fine or Imprisonment if they think fit And for non-payment of the Fine so imposed and not remitted to Imprison the Party offending until payment thereof which said Fines shall be paid to the Clerk of the Chest for the use of the maimed Seamen And that the examination of Witnesses be upon Oath before him or them which they any one or more of them are accordingly impowred to Administer And it is further by Authority aforesaid Enacted That the said Officers and Commissioners or any one or more of them in cases where greater example or punishment is néedful may also bind the person or persons so offending to their good behaviour with or without Securities as occasion shall be Imbezeling of Stores and Ammunition of the Navy And whereas divers of His Majesties Stores and Ammunition pertaining to His Navy and Shipping or Service thereof are imbezelled or filched away It is by the like Authority Enacted That the said Principal Officers and Commissioners or any one or more of them by Warrant under their Hands and Seals have power in like manner to inquire and search for the same in all places as Iustices of Peace may do in case of Felony and punish the Offenders by such Fine and Imprisonment as aforesaid and cause the Goods to be brought in again And if the Offence be of such nature as doth require an higher and severer punishment Then that they any one or more of them may commit such Offender to the next Gaol or to the custody of their Messenger or Messengers aforesaid till he or they offending enter into Recognizance with Surety or Sureties according to the nature of the Offence to appear and answer to the same in His Majesties Court of Exchequer or other Court where His Majesty shall question him or them for the same within one year following on Process duly served for that purpose on such Offender or Offenders And it is Declared and Enacted by the Authority aforesaid That they the said Principal Officers and Commissioners or any one or more of them may put in use the said Powers on the Offenders as aforesaid in all places where they hold an Office for His Majesty as well within Liberties as without Any Law Statute Ordinance Charter or Priviledge to the contrary notwithstanding Encouragement of Mariners and Souldiers serving in the Fleet. And for the better encouraging of such Mariners and Souldiers as now do or shall serve His Majesty in His Fléet or Ships during this War Be it further Enacted by the Authority aforesaid That no Ordinary Register or other Officer belonging to any Ecclesiastical Court or Court of Orphans or any Iurisdiction whatsoever within the Kingdom of England or Dominion of Wales or Town of Berwick shall take or receive of the Executor or Administrator Executors or Administrators of any Mariner or Souldier dying in the pay of His Majesties Navy during this present War above the sum of Twelve pence for the Probate of any Will Registring the same granting Letters of Administration exhibiting any Inventory or for any other matter or thing relating thereunto And for every default herein by wilful delay in the doing granting or executing the Premisses the person or persons so offending shall forfeit to the party grieved the sum of Ten pounds to be recovered by Action of Debt Bill Plaint or Information in any of His Majesties Courts of Record at Westminster or elsewhere wherein no Essoign Priviledge Protection or Wager of Law shall be allowed Any Law or Statute or Vsage to the contrary notwithstanding The Continuance of this Act. This Act to continue for Two years from the First day of February One thousand six hundred sixty and six and from thence to the end of the next Session of Parliament CAP. VIII Twelve hundred fifty six thousand three hundred fourty seven pounds thirteen shillings granted to the Kings Majesty towards the Maintenance of the present War VVE Your Majesties most Dutiful and Loyal Subjects the Commons assembled in Parliament as a further Aid and Assistance of Your Majesty during the present Wars have given and granted and by these presents do give and grant unto Your most Excellent Majesty the sum of Twelve hundred fifty six thousand three hundred fourty seven pounds thirteen shillings to be raised and levied in manner following And we do most humbly beseech Your Majesty that it may be Enacted and be it Enacted by the Kings most Excellent Majesty by and with the Advice and Consent of the Lords Spiritual and Temporal and of the Commons in this present Parliament assembled and by the Authority of the same That the sum of Twelve hundred fifty six thousand three hundred fourty seven pounds thirteen shillings shall be raised levied and paid unto Your Majesty within the space of eleven Moneths in manner following that is to say Whereas in and by a certain Act of Parliament lately passed Entituled 16 17 Car. 2. cap. 1. An Act for granting a Royal Aid unto the Kings Majesty of Twenty four hundred threescore and seventeen thousand and five hundred pounds to be raised levied and paid in the space of three years It was amongst other things Enacted That the sum of threescore and eight thousand eight hundred and nineteen pounds and nine shillings by the Moneth for thirty six Moneths from the five and twentieth day of December One thousand six hundred sixty four should be assessed taxed collected levied and paid by twelve quarterly payments in the several Counties Cities Boroughs Towns and places within England and Wales and the Town of Berwick upon Tweed according to the several Rates and Proportions and in such manner as in the said Act is expressed And whereas also in and by one other Act of Parliament passed in the Sessions of Parliament lately held at Oxford Entituled 17 Car. 2. c. ◠An Act for granting the sum of Twelve hundred and fifty thousand pounds to the Kings Majesty for his present further Supply It was amongst other things further Enacted That the sum of fifty two thousand fourscore and three pounds six shillings eight pence by the Moneth for twenty four Moneths beginning from the five and twentieth day of December One thousand six hundred sixty and five should be likewise assessed taxed collected levied and paid by eight Quarterly payments in the several Cities Boroughs Towns and places within England and Wales and the Town of Berwick upon Tweed over and above the said sum of threescore and eight thousand eight hundred and nineteen pounds and nine shillings as an addition to and increase of the said Monethly Assessment according to the Rates and Proportions therein expressed Both which sums together amount unto the sum of one hundred and twenty thousand nine hundred and two pounds fifteen shillings eight pence by the Moneth And whereas also in and by one other Act of Parliament passed in the same Sessions Entituled An Act for Granting One
thousand and ninety four pounds fifteen shillings and eleven pence The County of Worcester the sum of one thousand eight hundred fifty one pounds ten shillings and ten pence The City and County of the City of Worcester the sum of ninety seven pounds nine shillings and three farthings The County of Wilts the sum of three thousand four hundred fifty five pounds seven shillings one peny half-peny The County of Westmerland the sum of two hundred and three pounds fifteen shillings eight pence half-peny The Isle of Anglesey the sum of two hundred and twenty pounds fifteen shillings and ten pence The County of Brecknock the sum of four hundred ninety six pounds six shillings six pence The County of Cardigan the sum of one hundred eighty five pounds sixteen shillings and eleven pence three farthings The County of Carmarthen the sum of four hundred and seventy eight pounds ten shillings three pence half-peny The County of Carnarvan the sum of two hundred fifty seven pounds eleven shillings three farthings The County of Denbigh the sum of three hundred ninety two pounds thirteen shillings eight pence half-peny The County of Flint the sum of two hundred and eight pounds sixteen shillings three pence three farthings The County of Glamorgan the sum of six hundred and sixty five pounds fourteen shillings one peny three farthings The County of Merioneth the sum of one hundred seventy seven pounds one shilling nine pence three farthings The County of Mountgomery the sum of four hundred eighty five pounds eighteen shillings eight pence The County of Pembrook the sum of five hundred seventy three pounds eleven shillings seven pence three farthings The County of Radnor the sum of three hundred and six pounds five shillings two pence three farthings The Town of Haverford-West the sum of twenty six pounds and thirteen shillings And be it further Enacted by the Authority aforesaid That all and every the persons who are nominated in and by the said first recited Act and in and by an Act passed this present Session of Parliament Entituled An Act for Raising Money by a Poll and otherwise 18 Car. 1. c. â— towards the Maintenance of the present War to be Commissioners of and for the several and respective Counties Cities Boroughs Towns and Places therein or in either of them mentioned shall likewise be so and so are hereby appointed to be Commissioners for execution of this present Act within the several and respective Counties Cities Boroughs Towns and Places for which they were nominated in the aforesaid Acts or either of them and shall have and execute the like power and authority rules and directions touching the better Assessing Collecting Levying Receiving and Paying the said one hundred and fourteen thousand two hundred and thirteen pounds thirteen shillings half-peny by the moneth during the said eleven moneths as in and by the said first mentioned Act were given to the said Commissioners touching the better Assessing Collecting Receiving and paying the threescore and eight thousand eight hundred and nineteen pounds nine shillings by the moneth payable as aforesaid And all and every person or persons who shall be lyable unto or any ways concerned or imployed in the Assessing Collecting Levying Receiving or paying any of the moneys by this Act imposed shall have like benefit advantages allowances and discharges and shall be subject to like penalties and forfeitures in case of any neglect or refusal to pay their respective Assessments or to perform their respective Duties as any other person or persons lyable unto or concerned or imployed in the assessing collecting levying receiving or paying any of the moneys by the said former Acts imposed ought to have or be subject unto as fully and amply as if the same Clauses matters and things had been in this Act particularly repeated and Enacted To the end that the said eleven Monethly Assessments granted by vertue of this present Act may be duly answered and paid in as aforesaid Be it further Enacted That the several Commissioners shall meet together at the most usual and common place of meeting as in the said first recited Act is directed The meeting of the Commissioners on or before the second Tuesday in February which shall be in the year of our Lord one thousand six hundred sixty seven to put this Act in execution according to the best of their judgments and discretions and shall then if they see cause sub-divide as well themselves as others as by the said Act is further directed concerning the said former Assessment And further That they meet at least three weeks before each payment of the said several Assessments for the purposes aforesaid And that the said payments of one hundred and fourteen thousand two hundred and thirteen pounds eight shillings and five pence half-peny by the Moneth shall be assessed collected levied and paid to the Receiver of the several Counties appointed or that shall be appointed by his Majesty and by them answered and paid into his Majesties Exchequer on the dayes and times hereafter mentioned and expressed Be it Enacted by the Authority aforesaid That the sum of two hundred twenty eight thousand four hundred twenty six pounds sixteen shillings and eleven pence being the first payment for the first two Moneths of the aforesaid eleven Moneths hereby imposed shall be assessed collected levied and paid in to the said Receiver-General of the said several Counties who shall be appointed by his Majesty and who are hereby required to transmit or cause the same to be paid into his Majesties Receipt of his Exchequer on or before the first day of May in the year of our Lord one thousand six hundred sixty and eight And the sum of three hundred forty two thousand six hundred and forty pounds five shillings four pence half-peny being the second payment of the said eleven Moneths on or before the first day of August in the year of our Lord one thousand six hundred sixty and eight And the sum of three hundred forty two thousand six hundred and forty pounds five shillings four pence half-peny being the third payment of the said eleven Moneths on or before the first day of November in the year of our Lord one thousand six hundred sixty and eight And the sum of three hundred forty two thousand six hundred and forty pounds five shillings four pence half-peny being the fourth and last payment of the said eleven Moneths on or before the first day of February in the year of our Lord one thousand six hundred sixty and eight Moneys lent upon this Act secured And to the intent that all moneys to be lent to your Majesty and the moneys that shall be due upon such contracts for Wares Ships Goods or Victuals or other necessaries which shall be delivered for your Majesties Service upon the Credit of this Act by any person or persons native or foreigner Bodies Politick or Corporate may be well and sufficiently secured out of the Moneys arising and payable
their respective Deputies and Clerks herein offending be lyable to such Action Debt Damages and Costs in such manner as aforesaid Provided always and it is hereby declared That if it happen that several Tallies of Loan or Certificates for Wares delivered or Orders for Payments from his Majesty as aforesaid bear date or be brought the same day to the Auditor of the Exchequer to be Registred then it shall be interpreted no undue preference which of these he enters so he enter them all the same day Provided also That it shall not be interpreted any undue preference to incur any penalty in point of payment if the Auditor direct and the Clerk of the Pells Record and the Teller do pay subsequent Orders of persons that come to demand their money and bring their Orders before other persons that did not come to demand their money and bring their Orders in their course so as there be so much money reserved as will satisfy their Orders which shall not be otherwise disposed but kept for them Interest upon Loan being to cease from the time the money is so reserved and kept in Bank for them And be it further Enacted by the Authority aforesaid That every person or persons to whom any money shall be due by vertue of this Act after Warrant or Order entred for payment thereof his Executors Administrators or Assigns by Indorsement of his Order or Warrant may assign and transfer his interest and benefit of such Warrant to any other which being notified and an Entry and Memorial thereof also made in the said Registry for Warrants which the Officer shall on request without Fees or Charge accordingly make shall entitle such an Assignée his Executors Administrators and Assigns to the benefit thereof and payment thereon And such Assignée may in like manner assign again and so Toties quoties And afterwards it shall not be in the power of such person or persons who have made such Assignments to make void release or discharge the same or the moneys thereby due or any part thereof Provided always and be it further Enacted by the Authority aforesaid That the sum of three hundred and eighty thousand pounds shall be charged and registred in the Book of Register appointed by this Act to be kept in the Office of the Auditor of the Receipt of the Exchequer to be paid to the Treasurer of the Navy for the time being out of the money payable for the last ten moneths of the eleven moneths Assessment granted by this Act for the Salaries and Wages of such Officers Seamen Mariners and Souldiers as are or shall be imployed aboard your Majesties Navy for this present Winter beginning at the first day of January one thousand six hundred sixty six and aboard your Majesties Navy for the Summer in the year of our Lord one thousand six hundred sixty seven The said three hundred and eighty thousand pounds to be charged and registred as aforesaid in manner and form following that is to say When Orders shall be first registred for one hundred thousand pounds for the Service of the War to be paid out of the money arising upon the said ten moneths in course as is by this Act directed and prescribed That then and immediately after one or more Orders shall be registred for the payment of two hundred thousand pounds part of the three hundred and eighty thousand pounds above mentioned to the Treasurer of the Navy to be by him imployed for the paying of the Wages of Officers Mariners Seamen and Souldiers as is above mentioned And when Orders shall be registred for one hundred thousand pounds more for the Service of the War upon the said ten moneths then and immediately after one or more Orders shall be registred for the sum of one hundred thousand pounds more in further part of the three hundred and eighty thousand pounds above mentioned And when Orders shall be registred for one hundred thousand pounds more for the Service of the War then and immediately after one or more Orders shall be registred for the sum of eighty thousand pounds in full of the three hundred and eighty thousand pounds above mentioned Which said sums of two hundred thousand pounds one hundred thousand pounds and eighty thousand pounds shall be paid in course as they stand registred according to the rules and directions and under the penalties upon the Officers of the Exchequer their Deputies and Clerks prescribed and contained in the Proviso of this Act for Registring and paying in course And it is hereby further Enacted That if the Treasurer of the Navy do divert or imploy the said three hundred and eighty thousand pounds or any part thereof to any use or service whatsoever other then for the payment of the Salaries and Wages of such Officers Seamen Mariners and Souldiers as shall be imployed aboard your Majesties Navy as aforesaid until the said Wages and Salaries shall be fully and entirely paid and discharged That then and in such case he shall forfeit treble the value of the money diverted or imployed contrary to the intent and meaning hereof to be recovered in any of his Majesties Courts at Westminster by Action of Debt Bill Plaint or Information wherein no Essoin Protection Wager of Law Aid Prayer Priviledg Injunction or Order of Restraint shall be in any wise granted or allowed nor any more then one Imparlance One moyety whereof to be to such person as shall sue for the same and the other moyety to your Majesty your Heirs and Successors Provided always and be it Enacted by the Authority aforesaid That whatever moneys shall be wanting or fall short of the twelve hundred and fifty thousand pounds granted by an Act of this present Parliament Entituled An Act for granting the sum of Twelve hundred and fifty thousand pounds to the Kings Majesty for his present further Supply towards the paying in course the several sums of money registred for the Service of the present War according to the Power and Direction of the said Act shall be supplied and paid out of the first moneys granted by this Act and payable for and in the first moneth therein mentioned and granted Any thing in this Act to the contrary in any wise notwithstanding And be it further Enacted by the Authority aforesaid That the Treasurer of his Majesties Navy for himself his Deputies and Clerks shall receive and retain only the sum of one peny in the pound and no more And the Lieutenant or Treasurer of his Majesties Ordnance for himself and his Clerk shall likewise receive and retain onely one peny in the pound and no more out of all the moneys raised borrowed and paid unto and issued out by either of them to any person or persons by vertue and in pursuance of this Act to be allowed in their respective Accounts thereof Provided always and be it Enacted by the Authority aforesaid That if any person being a Receiver of moneys due upon any former Act of this present
Parliament not having accounted for all the moneys by him received and to be accounted for upon such Act or Acts before Christmas one thousand six hundred sixty seven shall be appointed Receiver for any the moneys due by this Act and shall intermeddle therein every such person shall forfeit the sum of five hundred pounds to be recovered by any person or persons that will sue for the same in any of his Majesties Courts of Record by Action of Debt Bill Plaint or other Information wherein no Essoin Protection Wager of Law Aid Prayer Priviledg Injunction or Order of restraint shall be in any wise prayed granted or allowed nor any more then one Imparlance And be it Enacted by the Authority aforesaid That where any money shall by vertue of this Act be assessed upon any Inhabitants or place being within any Castle Fort or Garrison if such money so assessed be not paid within twenty dayes after such Assessment That then the Commissioners for such places shall make Certificate thereof unto the Barons of the Exchequer who shall cause such Proceedings to be had for the recovery thereof as for any other Debt due to his Majesty Provided always and be it Enacted by the Authority aforesaid That in case any part of the moneys which shall be raised by vertue of this Act or any other Act or Acts of this present Parliament shall be assigned or issued for and towards the Victualling of his Majesties Navy the same shall be subject to no charge nor shall any manner of Fee or deduction be taken or made out of the same to any other Officer or person whatsoever save only the usual Fees in such cases due and payable to the Tellers and other his Majesties Officers of the Exchequer And be it further Enacted by the Authority aforesaid That no Letters Patents granted by the Kings Majesty or any of his Royal Progenitors or to be granted by his Majesty to any person or persons Cities Boroughs or Towns Corporate within this Realm of any manner of Liberties Priviledges or Exemptions from Subsidies Tolls Taxes Assessments or Aids shall be construed or taken to exempt any person or persons City Borough or Town Corporate or any the Inhabitants of the same from the burthen and charge of any sum or sums of money granted by this Act or any other Act of this Parliament now in force to the aid and supply of his Majesty in the present War And all Non obstantes in any such Letters Patents made or to be made in bar of any Act or Acts of Parliament for the Supply or Assistance of his Majesty are hereby declared to be void and of none effect any such Letters Patents Grants or Charters or any Clause of Non obstante or other matter or thing therein contained or any Law or Statute to the contrary notwithstanding FINIS A TABLE of the Principal Matters of the several Statutes contained in this Book Accompt and Accomptants 1 ALL Moneys and Goods for which any persons are accomptable not pardoned by the Act of Oblivion are Vested in the King 13 Car. 2. 3. See Excise and Collectors 2. Accompts of Sheriffs 14 Car. 2. 21. Administrators 1 Administrators de bonis non c. may sue Executions upon Judgment obtained by the Testator 17 Car. 2. 8. 2 Administrators and Executors of Sea-men shall pay but 12 d. for their Administration 19 C r. 2. 7. Advowsons See Rectories Ale-houses 1 Foreigners as well as Inhabitants may not tipple in Ale-houses Inns Taverns nor Victualling-houses 1 Car. 1. 4. 2 The penalty and punishment of any that keep an Ale-house or sell Beer Cyder or Perry without Licence 2 Car. 1. 3. Alienation 1 How persons may be eased in pleading Licences of Alienation 1 Câ—r 1. 3. Aliens See Merchants Anniversary 1 A perpetual Anniversary Thanksgiving on the 29th day of May for his Majesties Happy Restauration 12 Car. 2. 14. 2 A perpetual Anniversary Fast on the 30th of Jan. for the Murder of the late King 12 Car. 2. 30. Arrest 1 Persons arrested by Process out of the Kings-Bench or Common Pleas not expressing the cause of Action shall be bailed and set at liberty upon their own Bond for appearance 13 Car. 2. 2. Stat. 2. 2 Bonds given upon Arrests shall be discharged upon appearance Ibidem 3 Arrests upon Capias Utlagaâ— Attachments upon Rescous Contempt and upon Priviledg Excepted Ibidem Attainder 1 The Attainder of several persons for the Murther of his Sacred Majesty King Charles the First 12 Car. 2. 30. 2 The Attainder of the Earl of Strafford reversed 14 Car. 2. 29. 3 Thomas Dolman Joseph Bampfield and Thomas Scott Attainted of Treason if they render not themselves by a day 17 Car. 2. 5. Bankrupts 1 A Further Declaration who shall be esteemed Bankrupts 14 Car. 2. 24. 2 Persons for putting money into the East-India Stock or Guiney Company or Fishing Trade shall not be within the Statute of Bankrupts Ibidem Bays 1 Bays making in Colchester regulated PR 12 Car. 2 22. Benevolence 1 Commissions of that nature not to issue but by Authority of Parliament 13 Car. 2. 14. Books 1 The manner of Licensing all manner of Books and penalty for Printing unlicensed Books and Seditious Pamphlets 14 Car. 2. 33. Bone-Lace See Manufactures Bandstrings See Manufactures Buttons See Manufactures Bromfeild and Yale 1 A Confirmation of divers Estates there in the County of Denbigh 3 Car. 1. 6. Burials 1 All dead persons shall be buried in Woollen onely 1â— Car. 2. 4. Butter 1 How Butter shall be packed and the contents of a Firkin of Butter 14 Car. 2. 26. Cardwire 1 THe Importing foreign Wooll-Cards Card-wire and Iron-wire prohibited 14 Car. 2. 19. Carriages 1 How necessary Carriages shall be provided for the King in his Royal Progresses and Removals 13 Car. 2. 8. 2 How Carriages shall be provided for the Navy see Ships and Shipping Cattell 1 The Penalty for Importing Foreign Cattel at certain times of the year 15 Car. 2. 7. 2 Proviso for Importing Cattel from the Isle of Man ibid. 3 Penalty upon Butchers that shall sell live fat Cattel 15 Car. 2. 8. 4 Cattel may not be Imported from Ireland or other Parts beyond the Seas nor Fish taken by Foreiners 1â— Car. 2. 2. See Nâ—sanâ—e Clerk of the Market 1 Grievances by Clerks of the Market and inequality of Weights and Measures 17 Car. 1. 19. 2 Mayors Head-Officers and Lords of Liberties have power as Clerks of the Market ibid. 3 The penalty of taking any unlawful Fine or Fee by any Clerk of the Market ibid. 4 Water measure in Maritime Towns and others shall be continued as formerly ibid. Cloath 1 A Corporation erected and how Woollen Cloath shall be made in the West Riding in Yorkshire 14 Car. 2. 32. See Bays Coaches 1 The ordering and regulating the number and prices of Hackney-Coaches and who onely may be permitted to keep them about London 13 Car. 2. 2. Stat. 3. Coals 1 The Regulation of the
fol. 25. EXP. 26 An Act for the Raising of Mariners and Saylers for the Guarding of the Seas and his Majesties Kingdoms Cap. 26. fol. 25. EXP. 27 An Act for the dis-enabling all persons in Holy Orders to exercise any Temporal Jurisdiction or Authority Cap. 27. fol. 25. Rep. 13 Car. 1. cap. 2. 28 An Act for the Raising of Souldiers for the defence of England Ireland Cap. 28. fol. 25. EXP. 29 A Subsidy granted to the King of Tunnage and Poundage and other Sums of money payable upon Merchandizes Exportable and Importable Cap. 29. fol. 25. EXP. 30 An Act for a Contribution and Loan for the distressed people of Ireland Cap. 30. fol. 25. EXP. 31 A Subsidy granted to the King of Tunnage and Poundage and other Sums of money payable upon Merchandise Cap. 31. fol. 25. EXP. 32 An Act for the Raising of 400000 l. for the Defence of England and Ireland and for payment of Debts undertaken by the Parliament Cap. 32. fol. 25. EXP. 33 An Act for the Reducing the Rebels in Ireland to their obedience to his Majesty and the Crown of England Cap. 33. fol. 25. EXP. 34 An Act for Explanation of a former Act for Reducing the Rebels in Ireland Cap. 34. fol. 25. EXP. 35 An Act to enable Corporations to adventure in Ireland Cap. 35. fol. 25. EXP. 36 A Subsidy granted to the King of Tunnage and Poundage and other Sums of money payable upon Merchandise to be Exported and Imported Cap. 36. fol. 25. EXP. 37 An Act for the further Reducing the Rebels in Ireland to their obedience to the King and Crown of England Cap. 35. fol. 25. EXP. Anno Duodecimo Caroli Secundi Regis Angliae c. 1. AN Act for removing and preventing all Questions and Disputes concerning the Assembling and Sitting of this present Parliament Cap. 1. Fol. 26. 2 An Act for putting in Execution an Ordinance mentioned in the said Act for an Assessment of 70000 l. per mensem for 3. moneths EXP. Cap. 2. fol. 26. 3 An Act for the continuance of Process and Judicial proceedings cap. 3. fol. 27. 4 A Subsidy granted to the King of Tunnage and Poundage and other sums of money payable upon Merchandize Exported and Imported Cap. 4. fol. 28. 5 An Act for continuing the Excize until the 20th of August 1660. Cap. 5. fol. 30. EXP. See 13 Car. 2. cap. 7. 6 An Act for the present nominating of Commissioners of Sewers Cap. 6. fol. 30. 7 An Act for Restoring unto James Marquess of Ormond all his Honors Manors Lands and Tenements whereof he was in Possession on the 23th day of October 1641. or at any time since Cap. 7. fol. 30. PR 8 An Act for continuing of the Excise till the 25th day of Decemb. 1660. Cap. 8. fol. 31. EXP. See 13 Car. 2. cap. 7. 9 An Act for the speedy Provision of Money for Disbanding and Paying off the Forces of this Kingdom both by Land and Sea Cap. 9. fol. 31. EXP. 10 An Act for Supplying and Explaining certain Defects in an Act Entituled An Act for the speedy Provision of Money for Disbanding and Paying off the Forces of this Kingdom both by Land and Sea Cap. 10. fol. 31. 11 An Act of Free and General Pardon Indempnity and Oblivion Cap. 11. fol. 31. 12 An Act for Confirmation of Judicial Proceedings Cap. 12. fol. 39. 13 An Act for Restraining the taking of Excessive Usury Cap. 13. fol. 42. 14 An Act for a perpetual Anniversary Thanksgiving on the 29th day of May Cap. 14. fol. 42. 15 An Act for the speedy Disbanding of the Army and Garrisons of this Kingdom Cap. 15. fol. 43. 16 An Act for enabling the Souldiers of the Army now to be Disbanded to Exercise Trades Cap. 16. fol. 43. 17 An Act for the Confirming and Restoring of Ministers Cap. 17. fol. 44. 18 An Act for the Encouraging and Increasing of Shipping and Navigation Cap. 18. fol. 44. 19 An Act to prevent Frauds and Concealments of His Majesties Customs and Subsidies Cap. 19. fol. 49. 20 An Act for raising Sevenscore thousand pounds for the compleat Disbanding of the whole Army and paying off some part of the Navy Cap. 20. fol. 49. EXP. See Stat. 13 Car. 2. cap. 6. 21 An Act for the speedy raising of Seventy thousand pounds for the present supply of his Majesty Cap. 21. fol. 49. EXP. See 13 Car. 2. cap. 6. 10. 22 An Act for the Regulating the Trade of Bay-making in the Dutch Bay-Hall in Colchester Cap. 22. fol. 49. 23 A Grant of certain Impositions upon Beer Ale and other Liquors for the encrease of his Majesties Revenue during life Cap. 23. fol. 49. 24 An Act for taking away the Court of Wards and Liveries and Tenures in Capite and by Knights-Service and Purveyance and for setling a Revenue upon his Majesty in lieu thereof Cap. 24. fol. 54. 25. An Act for the better Ordering the selling of Wines by Retayl and for preventing abuses in the mingling corrupting and vitiating of Wines and for setting and limiting the prices of the same Cap. 25. fol. 61. 26 An Act for the Levying of the arrears of the Twelve moneths Assessment commencing the 24th of June 1659. and the Six moneths Assessments commencing the 25th of December 1659. Cap. 26. fol. 63. EXP. See 13 Car. 2. cap. 7. 27 An Act for granting unto the Kings Majesty Four hundred and twenty thousand pounds by an Assessment of Threescore and ten thousand pounds by the moneth for 6 moneths for Disbanding the remainder of the Army and paying off the Navy Cap. 27. fol. 63. EXP. 28 An Act for further Supplying and Explaining certain defects in an Act Entituled An Act for the speedy Provision of Money for Disbanding and Paying off the Forces of this Kingdom both by Land and Sea Cap. 28. fol. 63. EXP. 29 An Act for the Raising of Seventy thousand pounds for the further Supply of his Majesty Cap. 29. fol. 63. EXP. 30 An Act for the Attainder of several persons guilty of the horrid Murther of his late Sacred Majesty King Charles the First Cap. 30. fol. 64. 31 An Act for Confirmation of Leases and Grants from Colledges and Hospitals Cap. 31. fol. 67. 32 An Act for Prohibiting the Exportation of Wooll Woolfells Fullers Earth or any kinds of scouring Earth Cap. 32. fol. 67. 33 An Act for Confirmation of Marriages Cap. 33. fol. 69. 34 An Act for Prohibiting the Planting Setting or Sowing of Tobacco in England and Ireland Cap. 34. fol. 70. 35 An Act for Erecting and Establishing a Post-Office Cap. 35. fol. 71. 36 An Act impowring the Master of the Rolls for the time being to make Leases for years in order to new build the old Houses belonging to the Rolls Cap. 36. fol. 74. 37 An Act for making the Precinct of Covent-Garden Parochial PR Cap. 37. fol. 74. Private Acts. AN Act for the restoring of Henry Lord Arundel of Warder to the possession of his estate An Act for the restitution of Thomas Earl
Sir Seymour Shirley Baronet An Act for Setling the Moyety of the Mannor of Iron Acton on Sir John Pointz An Act for Setling an Estate in Trust for the benefit of Mistress Elizabeth Pride and her Children An Act for the Ascertaining the Bounds of the several Rectories of Swaffham St. Ciriac and of Swaffham St. Maries within the Town of Swaffham Prior in the County of Cambridge and for the Uniting of the two Churches there An Act for the Restoring of Francis Scawen Gent. in Bloud An Act for Naturalizing Dame Mary Frazer and others An Act to Enable a Sale of Lands for payment of the Debts of Henry Kendall Esquire An Act for Setling part of the Lands of Henry Mildmay Esquire deceased for payment of his Debts and making Provision for his Children An Act to Enable Leicester Grosvenor and his Trustees to Sell certain Lands for payment of Debts Anno Reg. CAROLI Regis Angliae Scotiae Franciae Hiberniae Primo AT the Parliament begun at Westminster the Eighteenth day of June Anno Dom. 1625. in the first year of the Reign of our most gracious Soveraign Lord CHARLES by the grace of God of Great Britain France and Ireland King Defender of the Faith c. And there continued untill the Eleventh day of July following and then adjourned until the first day of August following unto Oxford To the high pleasure of Almighty God and to the Weal publick of this Realm were enacted as followeth CAP. I. There shall be no Assemblies for unlawful Pastimes upon the Lords Day FOrasmuch as there is nothing more acceptable to God than the true and sincere Service and Worship of him according to his holy Will and that the holy kéeping of the Lords Day is a principal part of the true Service of God which in very many places of this Realm hath béen and now is prophaned and neglected by a disorderly sort of people in exercising and frequenting Bear-baiting Bull-baiting Enterludes common Playes and other unlawful Exercises and pastimes upon the Lords Day And for that many quarrels blood-sheds and other great inconveniences have grown by the resort and concourse of people going out of their own Parishes to such disordered and unlawful exercises and pastimes neglecting Divine Service both in their own Parishes and elsewhere Be it enacted by the Kings most excellent Majesty the Lords Spiritual and â—emporal and the Commons in this present Parliament assembled and by the authority of the same Vnlawful Writings and Pastimes on the Lords Day forbidden That from and after forty dayes next after the end of this Session of Parliament there shall be no méetings assemblies or concourse of people out of their own Parishes on the Lords Day within this Realm of England or any the Dominions thereof for any sports and pastimes whatsoever nor any Bear-baiting Bull-baiting Enterludes common Plays or other unlawful exercises and pastimes used by any person or persons within their own Parishes Every person using any unlawfull pastimes on the Lords Day shall forfeit 3 s. 4 d. to the poor of the Parish and that every person or persons offending in any the premisses shall forfeit for every offence thrée shillings four pence The same to be employed and converted to the use of the poor of the Parish where such offence shall be committed And that if any one Iustice of the Peace of the County or the chief Officer or Officers of any City Borough or Town corporate where such offence shall be committed upon his or their view or confession of the party or proof of any one or more witness by oath which the said Iustice or chief Officer or Officers shall by vertue of this Act have authority to minister shall find any person offending in the premisses the said Iustice or chief Officer or Officers shall give Warrant under his or their hand and seal to the Constables or Church-wardens of the Parish or Parishes where such offence shall be committed After conviction by Warrant from a Iustice c. the Constables c. may levy the Pâ—naâ—â—s c. General â—ssâ—â— Limitation of this actâ—on The Ecclesiastical â—â—â—â—â—diction 〈◊〉 abridgeâ— to levy the said penalty so to be assessed by way of distress and sale of the goods of every such offendor rendring to the said offendors the overplus of the money raised of the said goods so to be sold And in default of such distress that the party offending be set publickly in the stocks by the space of thrée hours And that if any man be sued or impeached for execution of this Law he shall and may plead the general Issue and give the said matter of Iustification in evidence Provided That no man be impeached by this Act except he be called in question within one moneth next after the said offence committed Provided also That the Ecclesiastical Iurisdiction within this Realm or any the Dominions thereof by vertue of this Act or any thing therein contained shall not be abridged but that the Ecclesiastical Court may punish the said offences as if this Act had not béen made This Act to continue until the end of the first Session of the next Parliament and no longer 3 Car. 4. continued until the end of the first Session of the next Parliament Stat. 3 Car. 1. 17 Car. cap. 4. continued until other Order by Parliament CAP. II. All Leases to be made within three years by the Kings Majesty of the Dutchy-Lands of Cornwall confirmed WHereas the King our Soveraign Lord being in the life-time of his Royal Father of blessed memory seized of the said Dukedom of Cornwall did bargain and contract for Leases and Estates to be made of divers Messuages Lands Tenements and Hereditaments parcel of the said Dukedom of Cornwall which Leases and Estates his Majesty was enabled to have made in his Fathers life-time by an Act of Parliament made in the last Session of Parliament intituled An Act to enable the most excellent Prince Charles to make Leases of Lands 21 Jac. 29. parcell of his Highness Dutchy of Cornwall or annexed to the same And because his Majestie having received divers Fines and summes of Money according to the said Contracts and having entred into Treaty with divers others for like Estates the finishing of which Contracts and making the said Leases was prevented by his Majesties access to the Imperial Crown of this Realm is graciously pleased for the good of his poor Tenants of the said Dutchy Lands to procéed to the full accomplishment of the Contracts and Leases of the premisses All Leases to be made within three years by the King of the Dutchy Lands of Cornwall if all be good Be it therefore Enacted by our said Soveraign Lord the King the Lords Spiritual and Temporal and Commons in this present Parliament assembled and by the Authority of this present Parliament That all Leases to be made within the space of thrée years next ensuing by our said Soveraign Lord the King by Letters
This Act to continue to the end of the first Session of the next Parliament St. 1 Car. 1. Continued and made perpetual 17 Car. cap. 4. CAP. II. A restraint of passage or sending any person beyond the Seas to be Popishly bred FOrasmuch as divers ill affected persons to the true Religion established within this Realm have sent their children into foreign parts to be bred up in Popery 1. Jac. 4. He that goes himself or sends any other beyond the seas to be trained up in Popery c. shall be disabled to sue c. and shall lose all his goods and shal forfeit all his lands c. for life Stat. 27 El. 2. Stat. 3 Jac. 5. notwithstanding the restraint thereof by the Statute made in the first year of the reign of our late Soveraign Lord King James of famous memory Be it Enacted That the said Statute shall be put in due execution And be it further Enacted by the Kings most excellent Majesty and the Lords Spiritual and Temporal and Commons in this present Parliament assembled and by the Authority of the same That in case any person or persons under the obedience of the King his heirs and Successors at any time after the end of this Session of Parliament shall pass or go or shall convey or send or cause to be sent or conveyed any Childe or other person out of any of the Kings Dominions into any the parts beyond Seas out of the Kings obedience to the intent and purpose to enter into or be resident or trained up in any Priory Abbey Nunnery Popish Vniversity Colledge or School or House of Iesuits Priests or in any private Popish Family and shall be there by any Iesuite Seminary Priest Friar Monk or other Popish person instructed perswaded or strengthned in the Popish Religion in any sort to profess the same or shall convey or send or cause to be conveyed or sent by the hands or means of any person whatsoever any sum or sums of Money or other thing for or towards the maintenance of any Childe or other person already gone or sent or to go or to be sent and trained and instructed as is aforsaid or under the name or colour of any Charity Benevolence or Alms towards the relief of any Priory Abbey Nunnery Colledge School or any Religious House whatsoever Every person so sending conveying or causing to be sent and conveyed as well any such Childe or other person as any sum or sums of Money or other thing and every person passing or being sent beyond the Seas being thereof lawfully convicted in or upon any Information presentment or Indictment as is aforesaid shall be disabled from thenceforth to sue or use any Action Bill Plaint or Information in course of Law or to prosecute any Suit in any Court of Equity or to be Committée of any Ward or Executor or Administrator to any person or capable of any Legacy or Déed or Gift or to bear any Office within the Realm and shall lose and forfeit all his Goods and Chattels and shall forfeit all his Lands Tenements and Hereditaments Rents Annuities Offices and Estates of Fréehold for and during his natural life A convert shall not incur the penalties aforesaid Stat. 27. El. 2. Provided always That no person sent or conveyed as aforesaid that shall within six moneths after his return into this Realm conform himself unto the present Religion established in this Church of England and receive the Sacrament of the Lords Supper according to the Statutes made concerning Conformity in other cases required from Popish Recusants shall incur any the penalties aforesaid And it is enacted That all and every of the Offences against this Statute may be inquired heard and determined before the Iustices of the Kings-Bench or Iustices of Assise or Gaol-delivery or of Oyer and Terminer of such Counties where the Offendors did last dwell or abide or whence they departed out of this Kingdom or where they were taken Provided also That if any person or Childe so passing or sent or now being beyond the Seas shall after his return into this Realm conform himself to the present Religion established in this Church of England and receive the Sacrament of the Lords Supper according to the Statutes made for or concerning Conformity in other cases required from Popish Recusants for and during such time as he or she shall so continue in such Conformity and obedience according to the true intent and meaning of the said Laws and Statutes shall have his or her Lands restored to them again CAP. III. The Forfeiture and Punishment of him that keeps an Alehouse without License VVHereas by an Act made in the fifth year of the reign of King Edward the sixth of famous memory intituled an Act for kéepers of Alehouses to be bound by Recognizance amongst other things ◠6. Ed. 6. 25 it is enacted That if any person or persons other then such as should be from thenceforth admitted and allowed by the Iustices mentioned in the said Act should after the day in the said Act limited obstinately and upon his own authority take upon him or them to kéep a common Alehouse or Tippling-house or should contrary to the commandment of the said Iustices or two of them use commonly selling of Ale or Béer That then the said Iustices of Peace or two of them whereof one to be of the Quorum should for every such offence commit every such person or persons so offending to the Common Gaol within the same Shire City Borough Town corporate Franchise or Liberty there to remain without bayl or mainprise by the space of thrée days And before his or their deliverance the said Iustices shall take recognizance of him or them so committed with two Sureties that he or they should not kéep any common Alehouse Tippling-house or use commonly selling of Ale or Béer as by the discretion of the said Iustices should séem convenient And the said Iustices should make Certificate of every such Recognizance and Offence at the next Quarter Sessions that should be holden within the same Shire City Borough Town corporate Franchise or Liberty where the same should be committed or done which Certificate should be a sufficient Conviction in Law of the same Offence And the said Iustices of Peace upon the said Certificate made should in open Sessions assess the Fine for every such Offence at twenty shillings as by the said Act may appear Which Law hath not wrought such Reformation as was intended for that the said Fine of twenty shillings is seldom levied and for that many of the said Offendors by reason of their poverty are neither able to pay the said Fine of twenty shillings nor yet to bear their own Charges of conveying them to the Gaol And moreover do leave a great charge of Wife and Children upon the Parishes wherein they live In regard whereof the Constables and other Officers are much discouraged in presenting them and the Offendors become
person being not re verâ and without fraud a working and labouring Tinner in or about some Tinne-work Persons sued by others shall have their action set on work within one half year next before his Suit shall sue prosecute or implead in any the said Courts or before the Warden Vice-warden or Steward of the said Stannaries any person or persons that is or are not a Tinner or Tinners at the time of such Suit commenced Then the Defendant and Defendants in every such case shall have his and their action at the common Law against such person suing or prosecuting wherein he shall recover ten pounds Such action to be brought within two years and his damages and costs of Suit Provided that such Action be brought within two years next after the Action or Suit brought in the said Stannary Courts or before the said Warden Vice-Warden or Steward And be it declared and Enacted That in all cases where the Plaintiff or Defendant Plaintiffs or Defendants Costs in Stannary courts are to have costs by the Laws or Statutes of this Realm there also the Plaintiffs and Defendants shall have the like costs in the Stannary Courts And in regard that the said Charters were granted for the ease and advantage of the Tinners and not for their disadvantage or oppression and yet divers of them who for special reasons have desired to sue at the common Law have béen restrained Tinner may set forfeitures at the common law Be it declared and Enacted That it shall be lawful to and for the said Tinners if they think fit to sue any Forreigners at the common Law the said Charter or any usage to the contrary notwithstanding Abuses of poor Bailiffs in the Stannaries And whereas the Bailiffs of the said Stannary Courts are very numerous and are persons of small or no credit and yet upon their return that any person is become surety for any other upon Arrest by Process out of the said Courts such person who sometimes knows nothing of the matter is by false Returns of the said Bailiffs made liable to the debt or demand which Bailiffs by reason of their poverty are often not responsible and so the party without remedy How sureties may be sued Be it enacted That no person or persons be charged or troubled as surety by any Return of any Bailiff or Bailiffs of the said Stannaries unless that the person or persons returned Surety or Sureties shall in the presence of two witnesses subscribe or sign a note in writing that such person or persons is or are become Surety or Sureties which note shall mention the names of the Plaintiffs and Defendants in the suit and the summe or damages in demand and the nature of the Action and shall be Signed or subscribed by the said Witnesses and returned and filed in the Court out of which such Processe shall issue and no Bailiff or Bailiffs of the said Stannaries shall be admitted as witnesses to any such note And whereas in the said Stannaries it is used that if the Bailiffs return any Person arrested that if such person make default at the day he shall be condemned and Execution is suddenly awarded when as often the party was not arrested No Defendant shall be condemned on a bailiffs return unless on a note subscribed by the party Be it further Enacted That no Defendant shall be condemned upon such Return for not appearing unless also a Note under the Hand or Sign of the party arrested and subscribed by two such Witnesses as aforesaid be returned into the said Court at or before the day of Appearance and the said Bailiff or Bailiffs shall take but four pence for every such note as aforesaid Ê’ and it is provided that none shall be bailed upon arrest there till he give such Note Bail And in case any the said Bailiff or Bailiffs shall return a Rescous against any Person or Persons Rescous he or they shall be admitted to Traverse the said Return which Traverse if it be found with him or them so Traversing then he or they shall be no further troubled or occasioned by reason of such return CAP. XVI For the certainty of the Meets and Bounds of the Forrests WHereas by Act of Parliament made in the first year of the Reign of the late King EDWARD the Third It is ordained That the old Perambulation of the Forrest in the time of King Edward the First St. 1 Ed. 3. should be thenceforth holden in like form as it was then ridden and bounded and in such places where it was not bounded the King would that it should be bounded by good Men and lawful And whereas for many Ages past certain Méets Méers Limits and Bounds of the Forrests have been commonly known and observed in the several Counties wherein the said Forrests lye And whereas of late divers Presentments have been made and some Iudgments given whereby the Meets Meers Limits and Bounds of some of the said Forrests have been variously extended or pretended to extend beyond some of the said Meets Meers Limits and Bounds so commonly known and formerly observed to the great grievance and veration of many Persons having Lands adjoyning to the said Méets Méers Limits and Bounds so commonly known and formerly observed And whereas of late time some Endeavours or Pretences have been to set on foot Forrests in some parts of this Realm and the Dominion of Wales where in truth none have béen nor ought to be or at least have not béen used of long time For remedy thereof may it please your most Excellent Majesty that it be Declared and Enacted by Authority of Parliament And be it Declared and Enacted by the Kings most Excellent Majesty What shall be the Meets and Bounds of Forrests and the Lords and Commons in this present Parliament assembled and by the Authority of the same That from henceforth the Meets Meers Limits and Bounds of all and every the Forrests respectively shall be to all intents and purposes taken adjudged and deemed to extend no further respectively then the Meets Meers Limits and Bounds which in the several Counties Respectively wherein the said Forrests do lye were commonly known reputed used or taken to be the Meets Meers Limits and Bounds of the said Forrests respectively in the twentieth year of the Reign of our late Soveraign Lord King JAMES 20 Jacob. and not beyond in any wise any Perambulation or Perambulations Presentments Extents Surveys Iudgments Records Decrees or other matter or thing whatsoever to the contrary notwithstanding And that all and every the Presentments since the said twentieth year made and that all and every other Presentment and Presentments Presentments contrary hereunto shall be vâ—â—d and all and every Iudgment and award upon or by reason or pretert of any such Presentment or Presentments and all and every Perambulation and Perambulations Surveys Extents and other Act and Acts at any time heretofore had or made
by which the Meets Meers Limits or Bounds of the said Forrests or any of them are or are pretended to be further extended then as aforesaid And also all and every Presentment of any person or persons at any Iustice seat Swainemote or Court of Attachments for or by reason or by colour of any Act or Acts whatsoever done or committed in any place without or beyond the said Méets Méers Limits or Bounds respectively so commonly known reputed used or taken as aforesaid and all and every Fine and Fines and amerciament and amerciaments upon by reason or colour of any such Presentment or Presentments shall from henceforth be adjudged déemed and taken to be utterly void and of no force or effect any Law Statute Record or pretence whatsoever to the contrary notwithstanding And be it further Enacted by the Authority aforesaid No place where no Iustice seat Swainemote cour◠or attachment c. hath been within 〈◊〉 yeares shall be accompted Forrest That no place or places within this Realm of England or Dominion of Wales where no such Iustice seat Swainemote or Court of Attachment have been held or kept or where no Verderers have been chosen or regard made within the space of sixty years next before the first year of his Majesties Reign that now is shall be at any time hereafter judged déemed or taken to be Forrest or within the Bounds or Meets of the Forrests But the same shall be from thenceforth for ever hereafter De-afforrested and freed and exempted from the Forrests Laws Any Iustice-seat Swainemote or Court of Attachment held or kept within or for any such place or places at any time or times since the beginning of His Majesties said Reign or any presentment enquiry Act or thing heretofore made or hereafter to be made or done to the contrary notwithstanding Provided also and be it further Enacted by the Authority aforesaid For ascertaining of Meets c. Commissions shall be issued That for the better putting into certainty all and every the Meets Meers Bounds and Limits of all and every the Forrests as aforesaid The Lord-Chancellour or Lord-Keeper of the Great Seal of England for the time being shall by vertue of this Act upon request of any of the Peers of this Kingdome or of the Knights and Burgesses of the Parliament or any of them grant severall Commissions under the Great Seal of England to Commissioners to be nominated respectively by the said Péers Knights and Burgesses or any of them to enquire of and find out by Inquests of good and lawful men upon Oath and by the Oaths of Witnesses to be produced at the said Inquests and by all other lawful means all and every the Méers Méets Bounds and Limits of the Forrests respectively which were commonly known to be their Méers Meets Bounds and Limits respectively in the said twentieth year of the Reign of our late Soveraign Lord King James And to return the Inquests so taken into the Court of Chancery and that all and every the Sheriffs and Bailiffs of and in every County wherein any such Inquests shall be so to be taken And all and every the Verderers Forresters Rangers and other Officers of the Forrests respectively where any such Officers be shall be assistant and attendant to the execution of the said Commissions according as by vertue of the said Commissions respectively they shall be commanded And where no such Officers are or where such Officers be if they or any of them shall refuse or neglect such assistance and attendance as aforesaid Then the said Commissioners shall and may procéed without them in the execution of the said Commissions Forrests shall not extend beyond the meets c. so returned And be it further Enacted by the Authority aforesaid That the Forrests whereof the Méets Méers Limits and Bounds be so returned and certified by vertue of any the said Commissions as aforesaid from thenceforth shall not extend nor be extended nor be déemed adjudged or taken to extend any further in any wise then the Méets Méers Limits and Bounds that shall be so returned and certified And that all the places and Territories that shall be without the Méets Méers Limits and Bounds so returned and certified shall be and are hereby declared to be from thenceforth free to all intents and purposes as if the same had never béen Forrest or so reputed Any Act or Acts matter or thing whatsoever to the contrary thereof notwithstanding Grounds deafforrested shall be excluded Provided and be it further Enacted by Authority aforesaid That all and every the grounds Territories or places which have béen or are De-afforrested or mentioned to be De-afforrested in or by any Letters Patents Charters or otherwise since the said twentieth year of the Reign of our said late Soveraign Lord King James shall be excluded and left out of the Méets Méers Limits and Bounds of the Forrests which are to be enquired of returned and certified by vertue of the said Commissions or any of them respectively And shall be and hereby are declared and Enacted to be utterly De-afforrested frée and exempt to all intents and purposes as if the same had never béen at all Forrest or so reputed Any thing in this present Act contained or any other Act matter or thing whatsoever to the contrary in any wise notwithstanding Tenants Owners c. of lands excluded shall enjoy their ancient commission c. Provided nevertheless and be it Enacted That the Tenants Owners and Occupiers and every of them of Lands and Tenements which shall be excluded and left out of the Méets Méers Limits or Bounds of the Forrests to be returned and certified by vertue of any the said Commissions shall or may use and enjoy such Common and other profits and easements within the Forrest as anciently or accustomably they have used and enjoyed Any thing in this present Act contained or any Act or Ordinance made in the thrée and thirtieth year of King Edward the first or any Custome or Law of the Forrest or any other matter or thing to the contrary thereof notwithstanding CAP. XVII Scotland A confirmation of the Treaty of Pacification between England and Scotland with the Commissions and Articles thereupon EXP. CAP. XVIII For securing by publick Faith the remainder of the friendly assistance and relief promised to those of Scotland Scotland EXP. CAP. XIX The Office of Clerk the Market allowed and regulated for the reformation of Weights and Measures Grievances by Clerks of the Market and anequality in weights and measures FOrasmuch as the undue execution of the Office of Clerk of the Market hath béen very grievous unto divers of his Majesties most loving Subjects who have béen much troubled by unnecessary Summons and charged with exactions of divers sums of Money by colour of the said Office and in regard the said evils have partly arisen by means of an inequality of Weights and Measures throughout this Kingdom◠and by granting
but that the same during the continuation of such Lease Leases or other Agreements shall be payed delivered and performed in such measure and form as the same hath been payed delivered and performed before the making of this Act And that such measure Water measures to be continued that is commonly called Water-measure in any Ports Maritime Towns or other places shall be still used and continued as formerly the same hath béen Any thing in this Statute contained to the contrary hereof in any wise notwithstanding The general issue may be pleaded Provided also That no Iustice or Iustices of the Peace Mayor Bailiff or other head Officer Churchwardens Overséers or any other authorized by this Statute for the due execution thereof in any point shall be sued impleaded or otherwise impeached for doing or executing their said Offices respectively And if any Suit or Suits hereafter shall be Commenced against them or any of them their Agents or Assistants touching the premisses That then it shall and may be lawful for them and every of them so sued or troubled in any Court or Courts wheresoever to plead the general issue Not Guilty and to give this Statute in Evidence or any other special matter in Evidence Treble costs for unjust vexation And in ease by or upon this Law they or any of them shall be found not guilty or the Plaintiff be Non-suited the Defendant or Defendants shall recover treble Costs against the Plaintiff for his unjust vexation CAP. XX. None shall be compelled to take the Order of Knighthood Writs issued for persons to take the order of Knighthood WHereas upon the pretext of an ancient custom or usage of this Realm of England That Men of full age being not Knights and being seised of Lands or Rents of the yearly value of forty pounds or more especially if their seisin had so continued by the space of thrée years next past might be compelled by the Kings Writ to receive or take upon them the order or dignity of Knighthood or else to make Fine for the discharge or respite of the same Several Writs about the beginning of his Majesties reign issued out of the Court of Chancery for Proclamations to be made in every County to that purpose and for certifying the names of all such persons and for summoning them personally to appear in the Kings presence before a certain day to be there ready to receive the said Order or Dignity Upon return of which Writs and transmitting the same with their Returns into the Court of Exchequer Returns and upon other Writs for further inquiry of the names of such persons issuing out of the said Court of Exchequer Processe by Distringas was thence made against a very great number of persons Distringas many of which were altogether unfit in regard either of Estate or quality Fines to receive the said Order or Dignity and very many were put to grievous Fines and other vexations for the same although in truth it were not sufficiently known how or in what sort or where they or any of them should or might have addressed themselves for the receiving the said Order or Dignity and for saving themselves thereby from the said Fines Process and vexations And whereas it is most apparent that all and every such procéedings in regard of the matter therein pretended is altogether useless and unreasonable May it therefore please your most Excellent Majesty that it be by authority of Parliament declared and Enacted No person shal be compelled to take on him the order of Knighthood nor undergo any fine for that cause And be it declared and Enacted by the Kings most Excellent Majesty and the Lords and Commons in this Parliament assembled and by the Authority of the same That from henceforth no person or persons of what condition quality estate or degrée soever shall at any time be distrained or otherwayes compelled by any Writ or Process of the Court of Chancery or Court of Exchequer or otherwise by any means whatsoever to receive or take upon him or them respectively the Order or Dignity of Knighthood nor shall suffer or undergo any Fine Trouble or Molestation whatsoever by reason or colour of his or their having not received or not taken upon him or them the said Order or Dignity And that all and every Writ or Processe whatsoever and all and every procéeding which shall hereafter be had or made contrary to the intent of this Act shall be déemed and adjudged to be utterly void And that all and every processe procéeding and charge now depending by reason or colour of the said pretended custome or Writs aforesaid or of any the Dependants thereof shall from henceforth cease and stand be and remain discharged and utterly void Any former Law or Custome or any pretence of any former Law or Custome or any other matter whatsoever to the contrary in any wise notwithstanding Stat. 1 E. 2. CAP. XXI Liberty for bringing in of Gun-powder and Salt-peter from Forraign parts and for the free making of Gun-powder in this Realm Mischiefs by prohibiting importing of Gunpowder WHereas the Importation of Gun-powder from forreign parts hath of late times béen against Law prohibited and the making thereof within this Realm ingrossed whereby the price of Gun-powder hath béen excessively raised many powder works decayed this Kingdom very much weakened and indangered the Merchants thereof much damnified many Mariners and others taken prisoners and brought into miserable Captivity and Slavery many Ships taken by Turkish and other Pyrates and many other inconveniences have from thence insued and more are likely to ensue if they be not timely prevented Liberty to all to import gun-powder Be it therefore declared and Enacted by the Kings most Excellent Majesty and the Lords and Commons in this present Parliament assembled and by the Authority of the same That it shall and may be lawful to and for all and singular persons as well Strangers as natural born Subjects of this Realm to import and bring into this Kingdom any quantities of Gun-powder whatsoever paying such Customes and Duties for the same as by authority of Parliament shall be limited and set down And be it further Declared and Enacted by the Authority aforesaid All Subjects may make and sell Gun-powder and import Salt-peter That it shall and may be lawful to and for all and singular his Majesties Subjects of this his Realm of England to make and sell any quantities of Gun-powder at his and their will and pleasure and also to bring into this Kingdom any quantities of Salt-peter Brimstone or any other materials necessary or requisite for the making of Gun-powder And lastly Be it Enacted by the Authority aforesaid That if any person or persons Penalty for putting in execution Letters Patents Proclamations c. against this liberty from and after the tenth day of August which shall be in the year of our Lord God One thousand six
and singular the said Pleas Writs Bills Actions Suits Plaints Process Precepts and other the Premises aforesaid shall stand continue and be good and effectual in Law to all Intents and Purposes as if the said Returns and dayes and every of them had béen actually kept and holden in all and every the said Courts Any Law Statute Custome or Vsage to the contrary thereof in any wise notwithstanding The said Writs Process Pleas c. returnable pleadable at a certain day And be it further Enacted by the Authority aforesaid That all Pleas Writs Bills Actions Suits Plaints Process Precepts and other thing or things whatsoever aforesaid pleadable or to be pleaded Returnable or to be Returned or having day in any manner whatsoever at any of the said Returns or any day or dayes certain after any of the said Returns Be and are hereby continued and adjourned unto and shall and may be Pleaded Returned Heard and Determined in the respective Courts aforesaid at or on the fifth Return of the said Term of late called In the morrow of the Ascension of our Lord And that all parties in any Pleas Writs Bills Actions Suits Plaints Process or other thing or things whatsoever having dayes given them at any of the said four first Returns or at any other day or dayes certain after any of the said Returns in the said Courts or any of them by vertue of this present Act have the said Return of late called In the morrow of the Ascension of our Lord prefixed them therein And that all Sheriffs Officers and other Ministers whatsoever and every of them respectively kéep in their hands all Writs Bills Process and Precepts and all other things whatsoever in them directed respectively Returnable or to be Returned in the several Courts aforesaid at the said four first Returns or any of them in or at any day certain as aforesaid until the said fifth Return of late called The morrow of the Ascension of our Lord and then Return the same into the said several Courts respectively That such proceedings may be then had thereupon as should have béen had in case the said four first Returns had béen kept and holden And be it further Enacted by the Authority aforesaid That no Writs Process Plaints Process Writs Pleas c. under certain titles and names may be prosecuted and proceeded upon Pleas Informations Indictments or Iudicial proceedings had Commenced or prosecuted before the fifth day of May in the said year of our Lord one thousand six hundred sixty in the Name Stile Title or Test of Custodes Libertatis Angliae Authoritate Parliamenti or in the Name Stile Title or Test of The Keepers of the Liberty of England by Authority of Parliament or in the Name Stile Title or Test of Oliver Lord Protector of the Commonwealth of England Scotland and Ireland and the Dominions thereunto belonging or in the Name Stile Title or Test of Oliver Lord Protector of the Commonwealth of England Scotland and Ireland and the Dominions and Territories thereunto belonging or in the Name Stile Title or Test of Richard Lord Protector of the Commonwealth of England Scotland and Ireland and the Dominions and Territories thereunto belonging shall be put without day abated quashed or discontinued by his Majesties most just re-assumption of the actual Exercise of his Kingly Government in this Kingdom nor shall the same be cause of Errour Abatement or Discontinuance but that all such Writs Process Plaints Pleas Informations Indictments and Iudicial Procéedings and all Commissions for taking of Answers or Examination of Witnesses Commission for taking of Fines and Warrants of Attorney Guardians or Prochein-Amy shall stand and be continued and shall and may be procéeded upon prosecuted and returned notwithstanding the same were commenced or prosecuted in English and notwithstanding the present happy Change and Restitution of his Majesties Name and Stile in Iudicial Procéedings And be it further Enacted by the authority aforesaid Process and proceedings in English in Courts of Iustice to continue EXP. That one pretended Act made in the year of our Lord 1650. entituled An Act for turning the Books of the Law and all Process and Proceedings in Courts of Justice into English shall stand and be in force as if the same had béen a good and effectual Act from the first Return of Easter Term in the year of our Lord 1651. untill the first day of August in the year of our Lord 1660. and no longer And whereas by one other pretended Act made in the said year of our Lord 1650. entituled An Act touching Corn and Meal It was Enacted or mentioned to be Enacted That from and after the twentieth day of November 1650. It should and might be lawfull to and for any person or persons Defendant or Tenant for or by reason of any matter to be pleaded set forth or alledged in Bar to any Action Real Personal or mixt in any Court of Record to plead the General Issue of Not Guilty or the like General Issue proper to the Nature of the Action or Suit commenced and for his or their Discharge or Acquitting to give any such matter in evidence to the Iury that shall try the same and that the said matter shall be as available to such person or persons Defendant or Tenant to all intents and purposes as if the said matter had béen specially pleaded set forth or alledged in Bar of such action Be it further Enacted That the said pretended Act Pleading the General Issue as touching the pleading of the General Issue shall by authority hereof stand and be in full force and effect according to the Tenor thereof until the said first day of August as if the same had béen a good and effectual Act of Parliament EXP. and no longer Provided alwayes That where the General Issue hath béen since the said twentieth day of November 1660. pleaded or shall before the said first day of August in the said year of our Lord 1660. be pleaded in any action That then upon the Tryal of the said Cause such Evidence shall and may be allowed as if the said pretended Act touching the pleading of the General Issue had béen and continued a good and effectual Act of Parliament not determined or discontinued Provided also That his Majesties Royal assent to the passing of this Bill shall not extend His Majesties Assent to this Bill doth not determine the Session All Writs Patents Commissions c. to issue in the Kings name as formerly or be construed to extend to the determining of the Session of this present Parliament Provided nevertheless and be it Enacted That all Writs Patents and Commissions for Constituting Iustices of either Bench and Barons of the Exchequer Commissions of Oyer and Terminer and Gaol-Delivery and Precepts upon Commissions of Oyer and Terminer and Gaol-Delivery and all other Commissions hereafter to be made by the Clerk of the Crown in the Chancery Charters and Letters Patents under the
for the same in the Custome-house according to the true meaning of this Act that then from the said four and twentieth day of June all the same Wines Goods and Merchandizes whatsoever shall be forfeit to your Majesty the one moyety of the rate thereof to your Majesty and the other moyety to him or them that will seize the same or sue for the same And that it may please Your Majesty Merchants strangers shall be well intreated That all Merchants aswell Denizens as Strangers coming into this Your Realm be well and honestly intreated and demeaned for such things as Subsidy by this Act is granted as they were in the time of Your Noble Progenitors and Predecessors without oppression to them to be done paying the Subsidies aforesaid And be it further Enacted by the authority aforesaid That if any Goods or Merchandize A Proviso for such whose goods be taken by Pirates or perished on the Sea as aforesaid of any Merchant being born Denizen after the said four and twentieth day of June hath béen or at any time hereafter during Your Majesties life shall be taken by any Enemies or Pyrates upon the Sea or perished in any Ship or Ships that shall happen to be taken or perished during Your Majesties Life whereof the Subsidies and other Duties aforesaid are or shall be duly paid or agréed for as aforesaid and that duly proved before the Treasurer of England Commissioners of the Treasury or Chief Baron of the Exchequer for the time being by the examination of the same Merchants if they be alive or of their Executors or Administrators if they be dead or by two credible Witnesses at the least sworn or other reasonable Witness and proof sworn then the same Merchant or Merchants his or their Executors or Administrators shall or may newly ship in the same Port where the goods and Merchandize aforesaid were or shall be Customed so much other Merchandize or Goods as the same goods or Merchandize are or shall be lost as aforesaid shall amount unto in custome without paying of any thing for the same so as the same Proof be recorded and allowed of in the Court of Exchequer The Customs of any goods shipped in Carracks or Gallies and certified unto the Collectors of the Customes of the Port where the same Wares or Merchandizes are to be newly shipped without Custome as aforesaid And further That every Merchant-Denizen who shall hereafter Ship any Goods or Merchandize in any Carrack or Gally shall pay to your Majesty all manner of Customs and all the subsidies aforesaid as any Alien born out of the Realm Provided alwayes that it shall and may be lawfull to all and every Your Subjects Shipping of Herrings at his and their will and pleasure to convey and transport out of this Realm in Ships and other Vessels of any the Subjects of this Realm all and every kind of Herrings and other Sea fish to be taken on the sea by any the Subjects aforesaid from or out of any Port or Harbor of this Realm to any place out of your Majesties Dominions without paying any Custome Subsidy or Poundage-moneys for the same Herrings or other Fish so carried or transported during your Majesties life any thing herein before contained to the contrary notwithstanding And because no rates can be Imposed upon Merchandize No rates to be imposed on Merchandize without authority of Parliament imported or exported by Subjects or Aliens but by common consent in Parliament Be it further Enacted and Declared by the Authority aforesaid that the Rates intended by this present Act shall be the rates mentioned and expressed in one Book of Rates intituled The Rates of Merchandize That is to say the Subsidy of Tonnage the Subsidy of Poundage and the Subsidy of Woollen cloths or old Draperies as they are rated and agréed on by the Commons House of Parliament A book of rates agreed by the Commons house of Parliament set down and expressed in this Book to be paid according to the Tenor of the Act of Tonnage and Poundage from the four and twentieth day of June inclusively in the twelfth year of his Majesties Reign during his Majesties Life and subscribed with the hand of Sir Harbottle Grimston Baronet Speaker of the House of Commons Which said Book of Rates composed and agréed on by Your Majesties said Commons and also every Article rule and clause therein contained shall be and remain during Your Majesties Life as effectual to all intents and purposes as if the same were included particularly in the Body of this present Act. And it is further Enacted That during the continuance of this present Grant The fees of the Custome Officers where the Goods Exported or Imported amount to the value of five pounds or more the Customers and Collectors and all other his Majesties Officers in the several Ports shall take and receive such Fées and no other as were taken in the Fourth year of the late King James until such time as the said Fées shall be otherwise setled by Authority of Parliament Provided alwayes That no Person or Persons who after the Four and twentieth of June A Proviso for such as paid before the 24. Iuly 1660. in the year One thousand six hundred and sixty and before the Four and twentieth of July in the same year have paid received or collected any Duties or Customes according to the Rates used in April One thousand six hundred and sixty shall be molested or any way Impeached for or concerning the payment or Receipt of the said duties or any other duties by this Act Imposed And it is hereby further Declared That no person who hath shipped any Goods since the said four and twentieth of June and before the said four and twentieth of July shall be liable to the payment of any duties therefore other then such as were used to be paid in the said moneth of April One thousand six hundred and sixty Goods which may be exported immediately after the passing this Act. Provided alwayes and be it Enacted by the Authority aforesaid That it shall and may be lawful for any Person or Persons immediately from and after the passing of this Act to transport ship and carry out of this Kingdome or out of any Port thereof by way of Merchandize any of these Commodities Goods and Merchandizes following That is to say Iron Armour Bandeléers Bridle-Bitts Halbert Heads and Sharps Holsters Muskets Carbines Fowling-Peices Pistols Pike-Heads Sword or Rapier-Blades Saddles Snaffles Styrropes Calveskins dressed or undressed Geldings Oxen Shéep-skins dressed without the Wooll and all sorts of Manufactures made of Leather paying the respective Rates appointed by this Act and no other any Law Statutes Prohibitions and Customes to the contrary notwithstanding Goods which may be exported being at certain pâ—â—ses And be it further Enacted by the Authority aforesaid That it shall and may be lawful immediately after the passing of this Act for any person or
persons to ship carry out and transport by way of Merchandize these several sorts of Goods following that is to say Gun-powder when the same doth not excéed the price of five pounds the Barrel And Wheat Rye Pease Beans Barley Mault and Oats Béef Pork Bacon Butter Chéese Candles when the same do not excéed in price at the Ports from whence they are Laden and at the time of their Lading these prises following That is to say Wheat the Quarter Forty shillings Rye Beans and Pease the Quarter Twenty four shillings Barley and Mault the Quarter twenty shillings Oats the Quarter Sixtéen shillings Béef the Barrel Five pounds Pork the Barrel Six pounds ten shillings Bacon the pound Six pence Butter the Barrel Four pounds ten shillings Chéese the Hundred One pound ten shillings Candles the dozen pound Five shillings paying the respective Rates appointed by this Act and no more Any former Law Statute Prohibition or Custome to the contrary in any wise notwithstanding His Majesty by Proclamation may prohibit transporting Gun-powder Arms and Ammunition out of England 1. Stat. 17. Car. 1. cap. 21. An additional Subsidy upon Wines over and above the forementioned rates Security to be given by the Importer The said Subsidy to be repaid upon exportation Provided alwayes That it shall be frée and lawful for his Majesty at any time when he shall sée cause so to do and for such time as shall be therein expressed by Proclamation to prohibit the Transporting of Gun-powder or any sort of Arms or Ammunition into any parts out of this Kingdome Any thing in this Act contained to the contrary notwithstanding And be it further Enacted by the Authority aforesaid That over and above the Rates herein before mentioned there shall be paid unto your Majesty of every Ton of Wine of the Growth of France Germany Portugal or Madera brought into the Port of London or elsewhere the sum of thrée pounds of currant English money within the space of Nine moneths after the Importing And of every Ton of all other Wines brought in as aforesaid the sum of Four pounds of like currant Money within the space of Nine months after the Importing thereof For the payment of which duties accordingly the Importer shall give good Security And if any of the said Wines for which the additional Duty in this clause mentioned is paid or secured at the Importation be Exported within twelve moneths after their Importation then the foresaid additional Duty in this clause mentioned shall be returned or the security discharged as to so much as shall be so Exported And if at the Importation the Importer shall pay for the same ready money he shall be allowed after the Rate of Ten per Cent. for a year All Wines discharged of Excise And be it further Enacted That from and after the said Four and twentieth day of July all manner of Wines whatsoever to be Imported in the Port of London or elsewhere shall be fréed and discharged of and from the Imposition of Excise Prisage wines not to pay any custome or subsidy Provided and it is hereby Declared and Enacted That the prisage of Wines or prise-Wines ought not to pay Tonnage nor Custome and shall not be charged with the payment of any Custome Subsidy or sum of money Imposed upon Wines by this Act or any thing therein contained Stat. 13 Car. 2. cap. 7. CAP. V. For continuing the Excise untill the Twentieth of August 1660. EXP. Stat. 13 Car. 2. cap. 7. CAP. VI. For the present Nominating of Commissioners of Sewers His Majesty not yet having constituted any Treasurer of England or Chief Justice of either Bench according to the Stat. of 20 H. 8. EXP. and the said Statute of H. 8. to continue in force CAP. VII Marquess of Ormond An Act for restoring unto James Marquess of Ormond All his Honours Manors Lands and Tenements in Ireland whereof he was in possession on the Three and twentieth day of October One thousand six hundred forty and one or at any time since PR CAP. VIII For continuing the Excise till the Five and twentieth Day of December One thousand six hundred and sixty EXP. Stat. 13 Car. 2. cap. 7. CAP. IX For the speedy Provision of Money for Disbanding and Paying off the Forces of this Kingdom both by Land and Sea by a contribution of all persons according to their several Ranks and Degrees EXP. CAP. X. Explanations of certain defaults in an Act Entituled An Act for the speedy Provision of Money for Disbanding and Paying off the Forces of this Kingdom both by Land and Sea CAP. XI The Kings Majesties most gracious Free and General Pardon Indempnity and Oblivion THe Kings most Excellent Majesty taking into His Gracious and Serious consideration the long and great Troubles Discords and Wars The Causes and Ends of this Pardon and Indempnity that have for many years past béen in this Kingdom and that divers of His Subjects are by occasion thereof and otherwise faln into and be obnoxious to great pains and penalties Out of a hearty and pious Desire to put an end to all Suits and Controversies that by occasion of the late Distractions have arisen or may arise betwéen all His Subjects The General Pardon And to the intent that no Crime whatsoever committed against His Majesty or His Royal Father shall hereafter rise in Iudgment or be brought in Question against any of them to the least endamagement of them either in their Lives Liberties Estates or to the prejudice of their Reputations by any Reproach or Term of Distinction And to bury all Séeds of future Discords and remembrance of the former as well in his own Breast as in the Breasts of His Subjects one towards another And in performance of His Royal and Gracious Word signified by His Letters to the several Houses of Parliament now assembled and His Declarations in that behalf published Is pleased that it may be Enacted And be it Enacted by the Kings most Excellent Majesty with the advice and consent of the Lords and Commons in this present Parliament assembled First That all and all manner of Treasons Misprisions of Treason Murthers Felonies Offences Crimes Contempts and Misdemeanors Counselled Commanded Acted or done since the first day of January in the year of Our Lord One thousand six hundred thirty seven by any person or persons before the Twenty fourth day of June in the year of Our Lord One thousand six hundred and sixty other then the persons hereafter by name excepted in such manner as they are hereafter excepted by vertue or colour of any command power Authority Commission or Warrant or Instructions from his late Majesty King Charles or His Majesty that now is or from any other person or persons deriving or pretending to derive authority mediately or immediately from both or either of their Majesties or by vertue or colour of any Authority derived mediately or immediately of or from both Houses or either House of
and are hereby from henceforth Discharged And also the Kings Majesty is contented That it be further Enacted by Authority of this present Parliament and be it Enacted by the Authority aforesaid That this His said Frée Pardon Indempnity and Oblivion shall be as good and effectual in the Law to every of his said Subjects Bodies Corporate and others before rehearsed in for and against all things which be not hereafter in this present Act Excepted and Foreprized as the same Pardon Indempnity and Oblivion should have béen if all Offices Contempt Forfeitures Causes Matters Suits Quarrels Iudgments Executions Penalties and all other things not hereafter in this present Act Excepted and Foreprized had béen particularly singularly especially and plainly named rehearsed and specified and also pardoned by proper and express Words and Names in their Kinds Natures and Qualities by Words and Terms thereunto requisite to have béen put in and expressed in this present Act of Frée Pardon Indempnity and Oblivion And that his said Subjects nor any of them nor the Heirs Executors or Administrators of any of them nor the said Bodies Corporate and others before named and rehearsed nor any of them be nor shall be Sued Vexed or Inquieted by or on the behalf of the Kings Majesty his Heirs or Successors in their Bodies Goods Chattels Lands or Tenements for any manner of Matter Cause Contempt Misdemeanor Forfeiture Trespass Offence or any other thing Suffered Done or committed before the said twenty fourth day of June One thousand six hundred sixty against His late Majesty King Charles or His Majesty that now is His Crown Dignity Prerogative Laws or Statutes but onely for such Matters Causes and Offences as be Excepted and Foreprized by this present Act out of the same any Statute or Statutes Laws Customs or Vsages heretofore had made or used to the contrary in any wise notwithstanding And that all and every the Kings said Subjects and all and singular Bodies Corporate and others before rehearsed may by him or themselves or by his or their Deputy or Deputies or by his or their Attorney or Attorneys according to the Laws of this Realm plead and minister this present Act of Frée Pardon for his or their Discharge of or for any thing that is by vertue of this present Act Pardoned Discharged Given or Granted without any Fée or other thing paying to any person or persons for wriiing or entry of the Iudgements or other cause concerning such Plea Writing or Entry but onely sixtéen pence to be paid to the Officer or Clerk that shall enter such Plea Matter or Iudgement for the Parties Discharge in that behalf any Law Statute Vsage or Custom to the contrary notwithstanding And furthermore the Kings Majesty is contented and pleased that it be Enacted This Pardon c. to be expounded in all Courts most beneficial for the Subject and be it Enacted by the authority aforesaid That this His said Frée Pardon Indemntty and Oblivion by the general Words Clauses and Sentences before rehearsed shall be reputed déemed adjudged expounded allowed and taken in all manner of Courts of his Highness and elsewhere beneficial and available to all and singular the said Subjects Bodies Corporate and others before rehearsed and to every of them in all things not in this present Act excepted or foreprized without any ambiguity question or other delay whatsoever it shall be to be made pleaded objected or alleadged by the King our Soveraign Lord His Heirs or Successors or by His or any of their general Attorney or Attorneys or by any person or persons for his Highness or any of His Heirs or Successors And furthermore be it Enacted by the King our Soveraign Lord The Penalty of any Officer c. that shall go about to disquiet or trouble any person pardoned by this Act. and the authority aforesaid That if any Officer or Clerk of any of His Highness Courts commonly called the Chancery Kings-Bench and Common-pleas or of his Exchequer or any other Officer or Clerk of any other of His Highness Courts within this Realm at any time of the passing of this present Act make out or write out any manner of Writs Process Summons or other Precepts whereby any of the said Subjects or of the said Bodies Corporate or others before rehearsed or any of them shall be in any wise arrested attached distrained summoned or otherwise vexed inquieted or grieved in his or their Bodies Lands Tenements Goods or Chattels or in any of them for or because of any manner of thing pardoned or discharged by vertue of this Act of Frée Pardon Or if any Sheriff or Escheator or any of their Deputy or Deputies or any Bayliff or other Officer whatsoever by colour of his or their Office or otherwise after the passing of this present Act do levy receive take or withhold of or from any person or persons any thing pardoned or discharged by this Act That then every such person so offending and thereof lawfully convicted or condemned by any sufficient testimony witness or proof shall yield and pay for recompence thereof to the party so grieved or offended thereby his or their treble damages besides all costs of the Suit and shall also forfeit and lose to the Kings Majesty for every such default ten pounds And nevertheless all and singular such Writs Process and Precepts so to be made for or upon any manner of thing pardoned or discharged by this present Act of Frée Pardon Indemnity and Oblivion shall be utterly void and of none effect Except and alwayes foreprized out of this Frée and General Pardon Exceptions out of his Pardon All Murder not comprised in the first clause of this Pardon excepted Pyracy excepted Buggery Rapes and wilful taking away any Maid excepted all Murders done or committed by any person or persons other then such which are pardoned and discharged in the first clause of pardon above mentioned And also excepted and alwayes foreprized out of this General and Frée Pardon all and every the offences of Piracy and Robbery upon the Seas not done in relation to the Diffrences and Wars aforesaid and every procuring or abetting of any such Offendors and the comforting and receiving of them or any of them or any goods taken by way of such Piracy or Robbery upon the Seas as aforesaid And also excepted the detestable and abominable Vice of Buggery committed with Mankind or Beast And also excepted all Rapes and carnal Ravishments of Woman And also excepted all Ravishments and wilful taking away or marrying of any Maid Widow or Damsel against her will or without the assent or agréement of her Parents or such as then had her in custody and also all Offences of aiding comforting procuring and abetting of any such Ravishment wilful taking or Marrying had committed or done And also excepted all Offences made Felony by a certain Act made and ordained Entiuled Double Marriages excepted Witchcraft excepted Accompts of certain Treasurers and Receivers
que use Cestuy que trust and every of them their Heirs Executors Administrators and Assigns respectively as if this Act had not béen made and as if the said person or persons had not béen excepted attainted or convicted Any Law Statute Vsage or Custome to the contrary thereof in any wise notwithstanding Provided alwayes That this Act nor any thing therein contained Fabric◠Lands Church Goods and Vtensils shall not extend to Indempnifie any person or persons whatsoever who have entred into any Messuage Lands Tenements and Hereditaments called Fabrick Lands or possest themselves of any Rent or Revenues given for the repair of any Cathedral or other Church or who have Sacrilegiously enriched themselves by converting the Plate or Vtensils and Materials of or belonging to such Churches to their own private use and advantage for or in respect of the said Crimes onely Stat. 13 Car. 2. cap. 7. CAP. XII Which Judicial Proceedings shall be good and effectual in Law and which not BE it Enacted and it is Enacted by His Majesty and the Lords and Commons in Parliament assembled and by the Authority of the same That no Fines nor final Concords Which Acts and Proceedings shall not be avoided Chirographs nor Proclamations of Fines nor any Recoveries Verdicts Iudgments Statutes Recognizances nor Inrolments of any Déeds or Wills or of any such Fines Proclamations Recoveries Verdicts Iudgments Statutes or Recognizances nor any Exemplifications of them nor any of them nor any Inquisitions Indictments Presentments Informations Decrées Sentences Probats of Wills nor Letters of Administration nor any Writs or Actings on or Returns of Writs Orders or other Procéedings in Law or Equity had made given taken or done or depending in the Courts of Chancery Kings-Bench Vpper Bench Common-Pleas and Court of Exchequer and Courts of Exchequer-Chamber or any of them sitting at Westminster or in the Courts of the Great Sessions in Wales the Courts of any Counties Palatine or Dutchy of Lancaster or Town of Berwick upon Tweed or in any other inferiour Courts of Law or Equity or by any the Iudges Clerks Officers Sheriffs Coroners or Ministers or others Acting in Obedience to them or any of them or by any the Courts of Admiralty Delegates Iustices of Assize Nisi Prius Oyer and Terminer Gaol-Delivery Iustices of the Peace Commissioners of Sewers Bankrupts or Charitable Vses nor any Actings Process Procéedings nor Executions thereupon had made given done or suffered in the Kingdom of England since the First of May One thousand six hundred forty two shall be avoided for want or defect of any Legal Power in the said Courts Iudges Commissioners Iustices or any of them or for or by reason that the Premisses or any of them were commenced prosecuted had made held or used in the Name Stile or Title of the late King or in the Name Stile Title or Test of Custodes Libertatis Angliae Authoritate Parliamenti Or in the Name Stile Title or Test of The Keepers of the Liberty of England by Authority of Parliament Or in the Name Stile Title or Test of Oliver Lord Protector of the Commonwealth of England Scotland and Ireland and the Dominions thereunto belonging Or of Oliver Lord Protector of the Commonwealth of England Scotland and Ireland and the Dominions and Territories thereunto belonging Or the Name Stile Title or Test of Richard Lord Protector of the Commonwealth of England Scotland and Ireland and the Dominions and Territories thereunto belonging or for or by reason of any alteration of the said Names Stiles or Titles Or for that the said Fines Recoveries Process Pleadings Procéedings and other things before mentioned Or the Entry and Enrolment of them or any of them were in the Latine or English But that all and every such Fines Recoveries and other things above mentioned and the Actings Doings and Procéedings thereupon shall be of such and of no other Force Effect and Vertue then as if such Courts Iudges Iustices Commissioners Officers and Ministers had acted by vertue of a True Iust and Legal Authority and as if the same and the Entry and Enrolment thereof were in Latine and as if the several Acts and Ordinances or pretended Acts or Ordinances made by both or either Houses of Parliament or any Convention assembled under the name of a Parliament or by Oliver Cromwell late stiled Protector of the Commonwealth of England Scotland and Ireland and the Dominions thereto belonging and his Council Warranting or Directing such Procéedings had béen Good True and Effectual Acts of Parliament Fines Levied without Entry of Licentia concordandi And whereas since the death of the late King several Fines have béen Levied without any Entry or due Entring of any sum paid pro licentia concordandi commonly called the Kings Silver and without Entry or due Entry of any sum given to the party for the Concord And also whereas in the Term of St. Michael last past several Fines were Levied and Recorded in the Court of Common Pleas before one Iudge onely of the said Court Be it Enacted That the said Fines and Proclamations thereupon and every of them shall be good and effectual notwithstanding the defects aforesaid Fines and Recoveries of Lands in Com Palatin Durham And be it also further Enacted That all Fines Proclamations of Fines Recoveries and other Iudicial procéedings in the Court of Common Pleas at Westminster since the death of His late Majesty King Charles the First Had Levied or Suffered of any Lands lying in the County Palatine of Durham shall be good and effectual notwithstanding the said Lands were lying in the said County Palatine The Illegal Acts and Proceedings of that High Court of Iustice not allowed Provided That this Act or any thing there in contained shall not be Construed Deemed or Adjudged to make good allow confirm or countenance any the Procéedings in the late Illegal and Vn-warranted High Courts of Iustice or so called or any of them And whereas since the first day of May in the year of our Lord One thousand six hundred forty one and before the Five and twentieth day of April in the year of our Lord One thousand six hundred and sixty there were divers persons that Adhered to both Houses of Parliament who for or in respect of such their adherence were Indicted Charged or Impeached of Treason And whereas since the said first Day of May in the Year of our Lord One thousand six Hundred Forty one and before the said Five and twentieth day of April in the Year of our Lord One thousand six hundred and sixty divers persons who adhered to His Majesty or to the late King were for such their adherence Charged Impeached or Indicted of High Treason Indictments c. and all Grants thereupon made void Be it further Provided and Enacted That the said Charges Impeachments Indictments and all Exigents Outlawries Convictions and Attainders thereupon and all Letters Patents and Grants thereupon made of any Manors Lands Tenements or
assembled and by the Authority of the same and it is hereby Enacted The Court of Wards and Liveries Primer-Seisin c. taken away That the Court of Wards and Liveries and all Wardships Liveries Primer-Seisins and Ouster-le-mains Values and forfeitures of Marriages by reason of any Tenure of the Kings Majesty or of any other by Knights-service and all mean Rates and all other Gifts Grants Charges incident or arising for or by reason of Wardships Liveries Primer-Seisins or Ouster-le-mains be taken away and discharged and are hereby Enacted to be taken away and discharged from the said twenty fourth day of February One thousand six hundred forty five any Law Statute Custom or Vsage to the contrary hereof in any wise notwithstanding Fines for alienations c. taken away 1 Car. 1. cap. 3. And that all Fines for Alienations Seizures and Pardons for Alienations Tenure by Homage and all Charges incident arising for or by reason of Wardship Livery Primer-Seisin or Ouster-le-main or Tenure by Knights-service Escuage and also Aide pur file marrier pur faier fits Chivalier and all other Charges incident thereunto be likewise taken away and discharged from the said Twenty fourth day of February One thousand six hundred forty and five any Law Tenures by Knights service taken away Statute Custom or Vsage to the contrary hereof in any wise notwithstanding And that all Tenures by Knights-Service of the King or of any other person and by Knights-Service in Capite and by Soccage in Capite of the King and the Fruits and consequents thereof happened or which shall or may hereafter happen or arise thereupon or thereby be taken away and discharged Any Law Statute Custome or usage to the contrary hereof in any wise notwithstanding And all Tenures of any Honors Manors Lands Tenements or Hereditaments or any Estate of Inheritance at the Common-Law held either of the King or of any other person or persons Bodies Politick or Corporate are hereby Enacted to be turned into frée and common Soccage to all intents and purposes from the said Twenty fourth day of February One thousand six hundred forty five and shall be so construed adjudged and déemed to be from the said Twenty fourth day of February One thousand six hundred forty five and for ever thereafter turned into frée and common Soccage Any Law Statute Custome or usage to the contrary hereof in any wise notwithstanding Tenures by domage escuage c. discharged And that the same shall for ever hereafter stand and be discharged of all Tenure by Homage Escuage Voyages-Royal and charges for the same Wardships incident to Tenure by Knights-Service and values and forfeitures of marriage and all other charges incident to tenure by Knights-service And of and from Aide pur file marrier and Aide pur faier fitz Chivalier any Law Statute Vsage or Custom to the contrary in any wise notwithstanding And that all Conveyances and Devises of any Mannors Lands Tenements and Hereditaments made since the said 24th of February shall be expounded to be of such effect as if the same Mannors Lands Tenements and Hereditaments had béen then held and continued to be holden in frée and common Soccage only any Law Statute Custome or usage to the contrary hereof in any wise notwithstanding And be it further ordained and enacted by the authority of this present Parliament The Acts of 32 H. 8. cap. 6. 33 H 8. cap. 22. repealed That one act made in the reign of King Henry the 8th Entituled An Act for the establishment of the Court of the Kings Wards And also one Act of Parliament made in the 33. year of the reign of the said King Henry the 8th concerning the Officers of the Court of Wards and Liveries and every Clause Article and Matter in the said Acts contained shall from henceforth be repealed and utterly void And be it further Enacted by the authority aforesaid All tenures to be created by the King hereafter shall be free and common soccage That all tenures hereafter to be created by the Kings Majesty his Heirs or Successors upon any gifts or grants of any Mannors Lands Tenements or Hereditaments of any Estate of Inheritance at the common law shall be in frée and common soccage and shall be adjudged to be in free and common soccage only and not by Knights Service or in Capite and shall be discharged of all Wardship value and forfeiture of marriage Livery Primer-Seizin Ouster le main Aide pur faier fits Chivalier and pur file marrier any Law Statute or reservation to the contrary thereof in any wise notwithstanding Provided nevertheless and be it Enacted That this Act or any thing therein contained Proviso for rents certain herriots c. shall not take away nor be construed to take away any Rents certain Herriots or Suits of Court belonging or incident to any former Tenure now taken away or altered by vertue of this Act or other Services incident or belonging to Tenure in common Soccage due or to grow due to the King Majesty or mean Lords or other private person Fines for Alienations due by particular customs of Mannors or the fealty and distresses incident thereunto And that such relief shall be paid in respect of such Rents as is paid in case of the death of a Tenant in common Soccage Provided always and be it enacted That any thing herein contained shall not take away nor be construed to take away any Fines for Alienation due by particular customs of particular Mannors places other then fines for alienations of lands or Tenem holden immediately of the K. in Capite Provided also and be it further Enacted That this Act or any thing therein contained Tenures in Frank Almoigne Copy of court Roll. shall not take away or be construed to take away Tenures in Frank Almoigne or to subiect them to any greater or other services then now are nor to alter or change any Tenure by Copy of Court Roll or any services incident thereunto nor to take away the honorary services of Grand Serjeanty other then of Wardship Marriage and value of Forfeiture of Marriage Escuage Voyages Royal and other charges incident to Tenure by Knights Service Honorary services and other then Aide pur faier fitz Chivalier and Aide pur file marrier And be it further Enacted by the authority aforesaid That where any person hath or shall have Parents may dispose of the custody of children during their mâ—nority and Child or Children under the age of 21 years and not married at the time of his death That it shall and may be lawful to and for the Father of such child or children whether born at the time of the decease of the Father or at that time in ventre sa mere or whether such Father be within the age of 21 years or of full age by his Deed executed in his life time or by his last Will and Testament in writing in the presence of
Kingdom of England Dominion of Wales and Town of Berwick upon Tweed by retail for above Eightéen pence the quart And that no Gascoigne or French Wines whatsoever shall be sold by Retail above eight pence the quart And that no Rhenish Wines whatsoever shall be sold by retail above Twelve pence the quart And according to these rates The Penalties for a greater and lesser quantity all and every the said Wines shall and may be sold upon pain and penalty that every such person or persons who shall utter or sell any of the said Wines by retail that is to say by Pint Quart Pottle or Gallon or any other greater or lesser Retail-measure at any rate excéeding the Rates hereby limited do and shall forfeit for every such Pint Quart Pottle Gallon or other greater or lesser quantity so sold by retail the sum of Five pounds the one moyety of which forfeiture shall be to our Soveraign Lord the King His Heirs and Successors and the other moyety to him or them that shall sue for the same to be recovered in manner and form as aforesaid Provided nevertheless The Lord Chancellor c. may set the Prises of Wines yearly or alter the same That it shall and may be lawful to and for the Lord Chancellor of England Lord Treasurer Lord President of the Kings Councel Lord Privy Seal and the two Chief Iustices or Five Four or Thrée of them And they are hereby Authorized yearly and every year betwéen the twentieth of November and the last day of December and no other times to set the Prises of all and every the said Wines to be sold by retail as aforesaid at higher or lower rates then are herein contained so that they or any of them cause the Prises by them set to be written and open Proclamation thereof to be made in the Kings Court of Chancery yearly in the Term time or else in the City Burrough or Towns Corporate where any such Wine shall be sold And that all and every the said Wines shall and may be sold by retail at such prises as by them or any Five Four or thrée of them shall be set as aforesaid from time to time for the space of one whole year to commence from the first day of February next after the setting thereof and no longer and no greater prises under the pains and penalties aforesaid to be recovered as aforesaid and afterwards And in default of such setting of prises by the said Lord Chancellor of England Lord Treasurer Lord President of the Kings Councel Lord Privy Seal and the two Chief Iustices or Five Four or Thrée of them as aforesaid at the respective Rates and Prises set by this Act and under the penalties as aforesaid to be recovered as aforesaid Stat. 13 Car. 2. cap. 7. CAP. XXVI The levying of the Twelve Moneths Assessment commencing the 24th of June 1659. and the six Moneths Assessment commencing the Twenty Fifth of December 1659. EXP. Stat. 13 Car. 2. cap. 7. CAP. XXVII Four hundred and twenty thousand pounds by an Assessment of Threescore and ten Thousand pounds by the Moneth Granted for Six Moneths for Disbanding the Remainder of the Army and paying off the Navy with Rules and Instructions for the same EXP. Stat. 13 Car. 2. cap. 7. CAP. XXVIII Further supplying and explaining certain defects in an Act Intituled An Act for the provision of money for Disbanding and paying off the Forces of this Kingdom both by Land and Sea EXP. Stat. 13 Car. 2. cap. 7. CAP. XXIX Seventy thousand pounds to be raised for the further supply of His Majesty EXP. Stat. 13 Car. 2. cap. 7. CAP. XXX The Attainder of several persons Guilty of the Horrid Murther of His late Sacred Majesty King Charles the First IN all humble manner shew unto Your most Excellent Majesty Your Majesties most dutiful and loyal Subjectts the Lords and Commons in Parliament Assembled That the Horrid and Execrable Murther of Your Majesties Royal Father The horrid murder of King Charles the first how first contrived and plotted our late most Gracious Soveraign Charles the First of ever blessed and glorious memory hath béen committed by a party of wretched men desperately wicked and hardned in their Impiety who having first plotted and contrived the ruine and destruction of this excellent Monarchy and with it of the true Reformed Protestant Religion which had béen so long protected by it and flourished under it found it necessary in order to the carrying on of their pernicious and traiterous designs to throw down all the Bullwarks and Fences of Law and to subvert the very being and constitution of Parliament that so they might at last make their way open for any further attempts upon the Sacred Person of his Maiesty himself And that for the more easy effecting thereof they did first seduce some part of the then Army into a compliance and then kept the rest in subjection to them partly for hopes of preferment and chiefly for fear of losing their imployments and arrears untill by these and other more odious arts and devices they had fully strengthened themselves both in power and faction which being done they did declare against all manner of Treaties with the person of the King even then while a Treaty by advice of both Houses of Parliament was in being Remonstrate against the Houses of Parliament for such procéedings seize upon his Royal person while the Commissioners were returned to the House of Parliament with his Answer and when his Concessions had béen Voted a ground for peace seize upon the House of Commons seclude and imprison some Members force out others and there being left but a small remnant of their own Creatures not a tenth part of the whole did séek to shelter themselves by this weak pretence under the name and Authority of a Parliament and in that name laboured to prosecute what was yet behind and unfinished of their long intended Treason and Conspiracy To this purpose they prepared an Ordinance for erecting a prodigious and unheard of Triennal which they called An High Court of Justice for Tryal of his Majesty and having easily procured it to pass in their House of Commons as it then stood moulded ventured to send it up from thence to the Péers then sitting who totally rejected it whereupon their rage and fury increasing they presume to pass it alone as an Act of the Commons and in the name of the Commons of England and having gained the pretence of Law made by a power of their own making pursue it with all possible force and cruelty until at last upon the thirtieth day of January one thousand six hundred forty and eight His Sacred Majesty was brought unto a Scaffold and there publickly Murthered before the Gates of his own Royal Palace And because by this Horrid action the Protestant Religion hath received the greatest wound and reproach and the people of England the most insupportable shame and infamy that was
That all and every the Goods Debts and other the Chattels personal whatsoever of them the said Oliver Cromwell Henry Ireton John Bradshaw Thomas Pride whereof at the time of their respective deaths they or any of them or any other in trust for them or any of them stood possessed in Law or Equity All their goods personal estate forfeited vested in his Majesty and all the Goods Debts and other the Chattels personal whatsoever of them the said John Lisle William Say Valentine Wauton Edward Whalley John Barkstead Edmond Ludlow Sir Michael Livesey John Okey John Hewson William Goffe Cornelius Holland Thomas Challoner William Cawley Miles Corbet Nicholas Love John Dixwell Andrew Broughton Edward Dendy Thomas Harrison Adrian Scroop John Carew John Jones Thomas Scot Gregory Clement Hugh Peters Francis Hacker John Cook Daniel Axtel Sir Hardress Waller William Heveningham Isaac Penington Henry Martin Gilbert Millington Robert Titchbourn Owen Row Robert Lilburn Henry Smith Edmond Harvey John Downs Vincent Potter Augustine Garland George Fleetwood Simon Meyne James Temple Peter Temple Thomas Wayte Whereof they were possest or any for them 11 Feb. 1659. whereof upon the eleventh day of February One thousand six hundred fifty nine they or any of them or any other in trust for them or any of them stood possessed either in Law or Equity shall be déemed and adjudged to be forfeited unto and are hereby vested and put into the actual and real possession of Your Majesty without any further Office or Inquisition thereof hereafter to be taken or found Provided alwayes and be it Enacted by the Authority aforesaid That no Conveyance Proviso for conveyances by any of the offenders Assurance Grant Bargain Sale Charge Lease Assignment of Lease Grants and Surrenders by Copy of Court-Roll Estate Interest Trust or limitation of any Vse or Vses of or out of any Manors Lands Tenements or Hereditaments not being the Lands nor Hereditaments of the late King Quéen or Prince or of any Arch-bishops Bishops Deans Deans and Chapters nor being Lands or Hereditaments sold or given for the Delinquency or pretended Delinquency of any person or persons whatsoever by vertue or pretext of any Act Order Ordinance or reputed Act Order or Ordinance since the first day of January One thousand six hundred forty one nor any Statute Statutes Iudgments c. before the 9th of Sept. 1659. Iudgment or Recognizance had made acknowledged or suffered to any person or persons Bodies Politick or Corporate before the twenty ninth day of September One thousand six hundred fifty nine by any of the Offenders before in this Act mentioned or their Heirs or by any other person or persons claiming by from or under them or any of them other then the wife or wives For money bona fide lent c. Conveyances in trust made before the â—â— of April 166â— to any the said Offenders child or children heir or heirs of such person or persons or any of them for money bona fide to them or any of them paid or lent nor any Conveyance Assurance Grant or Estate made before the twenty fifth of April One thousand six hundred and sixty by any person or persons to any of the Offenders aforesaid in Trust and for the benefit of any other person or persons not being any of the offenders aforesaid or in trust for any Bodies Politick or Corporate shall be impeached defeated made void or frustrated hereby or by any of the Convictions and Attainders aforesaid but that the same shall be held and enioyed by the Purchasers Grantées Lessées Assigns Cestuy que use Cestuy que trust and every of them their Heirs Executors Administrators and Assigns respectively as if this Act had not béen made and as if the said Offenders had not béen by this Act or by any other course or procéedings of Law convicted or attainted so as the said Conveyances Such conveyances to be enrolled in the Court of Exchequer before the first of Ian. 1662. and all and every the Grants and Assurances which by vertue of this Act are and ought to be held and enjoyed as aforesaid shall before the first of January which shall be in the year of our Lord One thousand six hundred sixty two be entred and enrolled of Record in His Majesties Court of Exchequer and not otherwise Any thing in this Act herein before contained to the contrary in any wise notwithstanding Proviso for the Marquess of Worcester c. Provided alwayes and be it Enacted by the Authority aforesaid That all and singular the Manors Lands Tenements and Hereditaments which at any time heretofore were the Lands and possessions of Henry late Marquess of Worcester and Edward now Marquess of Worcester and Henry Lord Herbert Son and Heir apparent of the said Edward Marquess of Worcester or any of them whereof or wherein the said Oliver Cromwell or any other person or persons in trust for him or to his use or any other the persons attainted by this Act or otherwise or any person or persons in trust for them or any of them had or claimed or pretended to have any Estate Right Title Possession or Interest at any time before or since the decease of the said Oliver Cromwell shall be and hereby are vested and setled in and shall be held and enjoyed by the said Marquess of Worcester and the said Henry Lord Herbert in such manner and form and for such Estate and Estates with such powers and priviledges as they formerly had in the same respectively Any thing in this present Act contained or any Act Conveyance or Assurance heretofore made or acknowledged by the said Edward Marquess of Worcester and Henry Lord Herbert or either of them unto the said Oliver Cromwell or any other person or persons in trust for or to the use of the said Oliver Cromwell or any Act or Conveyance made or done by the said Oliver Cromwell or by any in trust for him to any person whatsoever to the contrary notwithstanding Saving alwayes to all and every person and persons Saving Bodies Politick and others their respective Heirs Successors Executors and Administrators all such Right Title and Interest in Law and Equity which they or any of them have or ought to have of into or out of any the Premisses not being in trust for any the said Offenders nor derived by from or under the said Offenders since the twenty fifth day of March which was in the year of our Lord One thousand six hundred forty six And that they the said person and persons Bodies Politick and other their respective Heirs Successors Executors and Administrators and every of them in all and every such case where his and their Entry was lawful upon such Offender or Offenders or the Heirs or Assigns of such Offender or Offenders in or upon the said twenty fifth day of March one thousand six hundred forty and six or at any time since may without Petition Monstrans
the said Isles of Jersey and Guernsey or either of them or to any such wooll to be shipped or loaden aboard in any ship or other vessel by or for the only use or behoof of any the Inhabitants of the said Isles of Jersey or Guernsey or either of them in the Port aforesaid to be exported and transported into the said Isles of Jersey or Guernsey or either of them so as such person and persons that shall so ship or lay aboard such wool into any ship or other Vessel do before the shipping or laying aboard such wool deliver unto the Customer Comptroller Surveyor or Searcher of the Port of Southampton aforesaid out of which the same wooll is to be exported a writing under the Seal or Seals of the respective Governors of the same Isles of Jersey and Guernsey unto which the said wooll is to be transported or of his or their Deputy or Deputies respectively the which writing shall purport and express that the party named in such writing is authorised and appointed to export or to cause to be exported out of the Port aforesaid so much wooll expressing the number of the Tods to the same Isle to be used or manufactured in one of the same Isles or in some of the members or parts of the same and that such party so authorised and appointed to export or cause to be exported that wooll hath before the making and sealing of that writing entred into sufficient Bond to his Majesties use for the landing of the said wooll in that Isle And to the intent that the quantity of wooll to be exported out of the Port of Southampton aforesaid into the said Isles or either of them in any one year accompting the year to begin from the first day of January next ensuing and so yearly from the first day of January may not excéed the quantity hereunder specified that is to say unto the Isle of Jersey Two thousand Tods and no more of unkeamed wooll and unto Guernsey Alderney Sarke One thousand Tods and no more of unkeamed wooll and unto Alderney Two hundred Tods and no more of unkeamed wooll and unto Sarke One hundred Tods of unkeamed wooll and no more every Tod not excéeding thirty two pounds And be it Enacted by the authority aforesaid That the Governor of the said Isle of Jersey or his Deputy for whom he will answer shall not make to any Person or Persons any writing or writings such as is above specified to authorise or appoint such Person or Persons as aforesaid to fetch export or transport out of the Port of Southampton aforesaid unto the said Isle of Jersey in one year accompting the year from the first day of January One thousand six hundred and sixty aforesaid any greater quantity of wooll then Two thousand Tods in any one year and that the Governor of the said Isle of Guernsey or his Deputy for whom he will answer shall not make to any Person or Persons any writing or writings such as is above specified to authorize and appoint such person or persons as aforesaid to fetch export or transport out of the Port above specified unto the said Isles of Guernsey with Alderney and Sarke in any one year accompting the year from the first day of January aforesaid any greater quantity of wooll then one thousand Tods for Guernsey Two hundred Tods for Alderney and one hundred Tods for Sarke in any one year and that the Customer of the Port of Southampton aforesaid shall kéep a true accompt of all the said quantity of Woolls so by him permitted to be loaden by vertue of this Act and shall not permit any greater quantity of Woolls to be loaden then by this Act is prescribed in any one year to either of the said Islands respectively under any pretence whatsoever upon the penalty of the forfeiture of his place and the sum of One hundred pounds in money one moyety whereof to the Kings Majesty His Heirs and Successors and the other moyety to him or them that will sue for the same in any Court of Record wherein no Essoign Protection or Wager of Law shall be allowed And if any of the Governors aforesaid or any of their or either of their Deputy or Deputies of the said Isles or either of them shall give grant or make any Licence or Licences for exporting from Southampton aforesaid into the said Isles respectively of any greater quantity of such Wooll then is before by the true meaning of this Act limited and appointed in that behalf That then the respective Governor or Governors of such of the said Isles shall forfeit and pay to Kings Majesty His Heirs or Successors the sum of Twenty pounds of lawful money of England for every Tod of Wooll which shall be so licensed to be exported over and above the rate or porportion of Wooll in and by this Act or the true meaning thereof limited or appointed And be it further Enacted by the Authority aforesaid That the respective Governors aforesaid or their respective Deputies or any their Clerks Officers or Servants for the granting making or sealing of every such writing of Licence as is aforesaid and for the entring a Remembrance of the same into some Book which they shall have and kéep for that purpose may have and take the sum of Twelve pence and no more upon pain of forfeiting to the party grieved the sum of Five shillings for every penny which shall be taken over and above the said sum of twelve pence in and by this Act allowed to be taken and so after that proportion the said penalty or Forfeiture for the taking above Twelve pence as aforesaid to be recovered by Bill Plaint or Information in any Court of Record at Westminster or elsewhere wherein no Injunction Protection Priviledge Essoyne or Wager of Law shall be admitted or allowed St. 13 Car. 2. cap. 13. CAP. XXXIII The Confirmation of Marriages VVHereas by vertue or colour of certain Ordinances or certain pretended Acts or Ordinances divers marriages since the beginning of the late troubles have béen had and solemnized in some other manner then hath béen formerly used and accustomed Marriages since the ◠May 1642. confirmed Now for the preventing and avoiding of all doubts and questions touching the same It is Enacted by the Kings most Excellent Majesty with the advice and assent of the Lords and Commons in Parliament Assembled and by Authority of the same That all Marriages had or Solemnized in any of his Majesties Dominions since the first day of May in the year of Our Lord One thousand six hundred forty and two before any Iustice of Peace or reputed Iustice of Peace of England or Wales or other his Majesties Dominions and by such Iustice or reputed Iustice so pronounced or declared And all Marriages within any of His Majesties Dominions since the same first day of May in the year of Our Lord One thousand six hundred forty two had or Solemnized according to the
Car. 1. cap. 7. The Parliament begun 3. of No. 1640. not in being Stat. 13 Car. 2. cap. 1. And to the end that no man hereafter may be misled into any seditious or unquiet demeanor out of an opinion that the Parliament begun and held at Westminster upon the third day of November in the year of Our Lord One thousand six hundred and forty is yet in being which is undoubtedly dissolved and determined and so is hereby declared and adjudged to be fully dissolved and determined or out of an opinion that there lies any obligation upon him from any Oath Covenant or Engagement whatsoever No Legislative power in either or both Houses of Parliament without the King to endeavour a change of Government either in Church or State or out of an Opinion that both Houses of Parliament or either of them have a Legislative Power without the King All which Assertions have béen seditiously maintained in some Pamphlets lately Printed and are daily promoted by the active enemies of our Peace and Happiness Be it therefore further Enacted by the Authority aforesaid That if any person or persons at any time after the Four and twentieth day of June in the year of our Lord One thousand six hundred sixty and one shall malitiously and advisedly by writing Printing Preaching or other speaking express publish utter declare or affirm That the Parliament begun at Westminster upon the Third day of November in the year of our Lord One thousand six hundred and Forty is not yet dissolved or is not determined or that it ought to be in being or hath yet any continuance or existence or that there lies any Obligation upon him or any other person from any Oath Covenant or Engagement whatsoever to endeavour a change of Government either in Church or State or that both Houses of Parliament or either House of Parliament have or hath a Legislative Power without the King Premunire or any other words to the same effect That then every such person and persons so as aforesaid offending shall incur the danger and penalty of a Premunire mentioned in a Statute made in the Sixtéenth year of the Reign of King Richard the Second The Solemn League and Covenant unlawful and illegally imposed Certain Orders and Ordinances of both or either Houses of Parliament declared void Proviso the said Orders c. may be made use of according to the Act of Indempnity Stat. 12 Car. 2. cap. 11. And it is hereby also declared That the Oath usually called the Solemn League and Covenant was in it self an unlawfull Oath and imposed upon the Subjects of this Realm against the Fundamental Laws and Liberties of this Kingdom and that all Orders and Ordinances or pretended Orders and Ordinances of both or either Houses of Parliament for imposing of Oaths Covenants or Engagements Levying of Taxes or Raising of Forces and Arms to which the Royal assent either in Person or by Commission was not expresly had or given were in their first creation and making and still are and so shall be taken to be null and void to all intents and purposes whatsoever Provided nevertheless That all and every person and persons Bodies Politick and Corporate who have béen or shall at any time hereafter be questioned for any thing acted or done by colour of any the orders or Ordinances herein before mentioned and declared to be null and voyd and are Indempnified by an Act entituled An Act of free and General Pardon Indempnity and Oblivion made in the Twelfth year of His Majesties Reign that now is or shall be Indempnified by anâ— Act of Parliament shall and may make such use of the said Orders and Ordinances for their Indempnity according to the true intent and meaning of the said Act and no other as he or they might have done if this Act had not béen made any thing in this Act contained to the contrary notwithstanding No person to be prosecuted for any offences in this Act other then Treason unless by special order from his Majesty And within six moneths after the offence committed Treasons and offences within this Act to be proved by two witnesses viva vâ—â—â— Provided alwayes That no person be prosecuted for any of the offences in this Act mentioned other then such as are made and declared to be high Treason unless it be by Order of the Kings Majesty his Heirs or Successors under his or their Sign Manual or by Order of the Council Table of his Majesty his Heirs or Successors directed unto the Attorney-General for the time being or some other of the Council learned to his Majesty his Heirs or Successors for the time being nor shall any person or persons by vertue of this present Act incur any of the penalties herein before mentioned unless he or they be prosecuted within six moneths next after the Offence committed and indicted thereupon within thrée moneths after such prosecution any thing herein contained to the contrary notwithstanding Provided alwayes and be it Enacted That no person or persons shall be indicted arraigned condemned convicted or attainted for any of the Treasons or Offences aforesaid unless the same Offender or Offenders be thereof accused by the Testimony and deposition of two lawful and credible Witnesses upon Oath which witnesses at the time of the said Offender or Offenders arraignment shall be brought in person before him or them face to face and shall openly avow and maintain upon Oath what they have to say against him or them concerning the Treason or Offences contained in the said Indictment unless the party or parties arraigned shall willingly without violence confess the same Proviso for the Priviledg at Debates in Parliament For repeal or alteration of Laws or redressing publick Grievances Provided likewise and be it Enacted That this Act or any thing therein contained shall not extend to deprive either of the Houses of Parliament or any of their Members of their just ancient Fréedom and Priviledg of debating any matters or business which shall be propounded or debated in either of the said Houses or at any Conferences or Committées of both or either of the said Houses of Parliament or touching the repeal or alteration of any old or preparing any new Laws or the redressing of any publick Grievance but that the said Members of either of the said Houses and the Assistants of the House of Péers and every of them shall have the same fréedom of spéech and all other Priviledges whatsoever as they had before the making of this Act any thing in this Act to the contrary thereof in any wise notwithstanding Provided alwayes and be it Ordained and Enacted Proviso for Peerage and Peers That no Péer of this Realm shall be tryed for any offence against this Act but by his Péers And further That every Péer who shall be convicted of any offence against this Act after such conviction be disabled during his life to sit in Parliament unless his Majesty
alwayes That this Act or any thing therein contained shall not extend or be construed to extend to give unto any Arch-Bishop Bishop or any other Spiritual or Ecclesiastical Iudg Officer or other person or persons aforesaid any power or authority to exercise execute inflict or determine any Ecclesiastical Iurisdiction Censure or Coertion which they might not by Law have done before the year of our Lord 1639 nor to abridg or diminish the Kings Majesties Supremacy in Ecclesiastical Matters and Affairs nor to confirm the Canons made in the year 1640. nor any of them nor any other Ecclesiastical Laws or Canons not formerly confirmed allowed or Enacted by Parliament or by the established Laws of the Land as they stood in the year of the Lord 1639. CAP. XIII The Arrears of the Excise and New Impost vested in His Majesty BE it Declared and Enacted by the Kings most Excellent Majesty All Moneys owing upon Excise by any Laws or Ordinances vested in his Majesty by and with the advice and consent of the Lords and Commons assembled in Parliament and by the Authority thereof That all and every sum and sums of money any wayes due or owing from or by any person or persons whatsoever for or touching the Imposition or Duty called the Excise heretofore imposed and made payable upon Béer Ale or any other Commodities by any Laws or pretended Laws or Ordinances and all Debts therefore owing whether by Obligation or upon Accompt from Farmers of Excise or any other person or persons whatsoever or any of their Securities and not pardoned by his Majesties most Gratious Act of Pardon and Oblivion be and are hereby vested and setled in the Kings Majesty his Heirs and Successors and that his Sacred Majesty his Heirs and Successors may from time to time and at all times hereafter have demand sue for and recover the same of all and every person and persons their Heirs Executors and Administrators having Assets who are any way accomptable for the same or any part thereof and from his and their respective Sureties and Securities as if the same Duties of Excise had béen lawfully Assessed Imposed and Collected and as if the several pretended Acts Orders and Ordinances Assessing and Imposing the same had béen good true legal and effectual Acts of Parliament and had in express words given and granted all and every the said Duties of Excise or new Impost unto his Majesty and as if the Obligations and Recognizances entred into by the respective Sureties and Securities had at the time of entring into the same béen taken in his Majesties Name according to the form prescribed in the Statute made in the Thrée and thirtieth year of the Reign of King Henry the Eight 33 H. 8. c. 39. Provided alwayes That all and every person and persons accomptable by vertue of this Act Proviso for allowances St. 12 Car. 2. cap. 11. shall have all such due allowance in his or their accompts as all such persons whose accompts are accepted in an Act Intituled An Act of Free and General Pardon Indempnity and Oblivion have or ought to have Provided alwayes Proviso no person to be questioned unless he be such before the 25 of December 1662. All persons accomptable shall have authority to levy and recover all Arrears That no person shall be questioned or molested for any of the Duties herein or hereby vested in his Majesty unless he shall be sued or prosecuted with effect before the Five and twentieth day of December which shall be in the year of our Lord One thousand six hundred sixty two Provided also and be it Enacted by the Authority aforesaid That all persons accomptable to his Majesty by this Act shall have power and authority and are hereby enabled to sue for levy and recover from any person or persons who do stand indebted unto them in any sum of money for the Duty or Impost of Excise for which they are hereby accomptable all sums of money and Arrears unsatisfied in as full and ample manner and form as they might have received and levied the same when they first grew due CAP. XIV The Confirmation of an Act Entituled An Act for Encouraging and Increasing of Shipping and Navigation and several other Acts both Publick and Private mentioned therein WHereas during the late difficulties and exigencies of affairs in the absence of his most Excellent Majesty and in reference to his return from beyond the Seas into these his Majesties Dominions The Lords and Commons being assembled at Westminster the Five and twentieth day of April in the twelfth year of his Majesties Reign were from thence and after his Majesties return continued untill the nine and twentieth day of December then next following and now last past and then dissolved by his Majesty in which time several Acts were passed by his Majesty by and with the advice and consent of the said Lords and Commons assembled as aforesaid which being of necessary use are fit to be continued and confirmed although the manner of the said assembling enforced by the difficulties and exigencies aforesaid which then lay upon the Nation is not to be drawn into example Be it therefore Enacted by the Kings most Excellent Majesty by and with the advice and consent of the Lords and Commons in this present Parliament Assembled and by the Authority of the same That all and singular the Acts made or mentioned to be made by his said Majesty by and with the advice or consent of the Lords and Commons upon or since the said Five and twentieth day of April herein after particularly mentioned and expressed that is to say One Act Entituled An Act for the encouraging and increasing of Shipping and Navigation One other Act St. 12 Car. 2. cap. 18. St. 12 Car. 2. cap. 32. St. 12 Car. 2. cap. 36. St. 12 Car. 2. cap. 34. St. 12 Car. 2. cap. 13. St. 12 Car. 2. cap. 6. Entituled An Act for Prohibiting the Exportation of Wooll Wool-fells Fullers Earth or any kind of Scouring Earth One other Act Entituled An Act Impowring the Master of the Rolls for the time being for to make Leases for years in order to new build the old Houses belonging to the Rolls One other Act Entituled An Act for prohibiting the Planting Setting or Sowing of Tobacco in England and Ireland One other Act Entituled An Act for restraining the taking of Excessive Usury One other Act Entituled An Act for the present nominating of Commissioners of Sewers One other Act Entituled An Act for the Incorporating of the Master and Wardens of the Company of Haberdashers LONDON to be Governors of the Free-School and Alms-houses in Newport in the County of Salop of the Foundation of William Adams and for Setling of Lands and Possessions on them for maintenance thereof and other charitable Uses And all and every the Clauses Sentences and Articles in them and every of them contained shall be and hereby are Ratified and Confirmed and Enacted and Declared
six hundred fifty and nine by any of the Offenders before in this Act mentioned or their Heirs or by any other person or persons claiming by from or under them or any of them other then the Wife or Wives Child or Children Heir or Heirs of such person or persons or any of them for money bona fide to them or any of them paid or lent or other valuable consideration nor any conveyance assurance Conveyances and assurances made before the 25th of April 1660. grant or Estate made before the five and twentieth day of April One thousand six hundred and fifty by any person or persons to any of the Offenders aforesaid in trust and for the benefit of any other person or persons not being any of the Offenders aforesaid or in Trust for any Bodies politick or Corporate shall be Impeached defeated made voide or frustrated hereby or by any of the Convictions and Attainders aforesaid But that the same shall be held and enjoyed by the Purchasers Grantées Lessées Assigns Cestuy que use Cestuy que trust and every of them their Heirs Executors Administrators and Assigns respectively as if this Act had not béen made so as the said Conveyances and all and every the Grants and Assurances which by vertue of this Act are and ought to be held and enjoyed as aforesaid shall before the first day of January which shall be in the year of our Lord So as they be inrolled in the Exchequer before the first of Ian. 1662. One thousand six hundred sixty and two be entred and enrolled of Record in his Majesties Court of Exchequer and not otherwise any thing in this Act herein before contained to the contrary in any wise notwithstanding And be it further Enacted by the Authority aforesaid That William Lord Mounson William Lord Mounson Sir Henry Mildmay Sir James Harrington Robert Wallop and John Phelps degraded Sir Henry Mildmay Sir James Harrington Robert Wallop Esquire and John Phelps and every of them shall be and are hereby degraded from and made uncapable of all and every the Titles of Honour Dignities and Preheminences which they or any of them now have or which at any time hereafter may descend unto them And that neither they nor any of them shall at any time hereafter have hear or use the Name Stile Addition or Title of Lord Baronet Knight Esquire or Gentleman or any of them nor shall use or have any Coats or Escutcheons of Arms whatsoever nor any other legal Title or addition whatsoever but shall be for ever reputed and are hereby declared to be Persons of Dishonour and Infamy And further That they the said William Mounson Henry Mildmay James Harrington William Mounsor Hen◠Mildmay James Harrington Robert Wallop John Phelps shall be drawn to Tyburn as persons executed for treason Robert Wallop and John Phelps and every of them shall upon the seven and twentieth day of January which shall be in the year of our Lord One thousand six hundred sixty one or so soon after as they shall be apprehended carried to the Tower of London and from thence drawn upon sledges with Ropes about their Necks and according to the manner of persons executed for High Treason quite through the stréets of London unto the Gallowes at Tiburn and from thence in like manner be brought back again to the Tower of London and there or in such other Prison as his Majesty shall think fit continue Prisoners and suffer pains of Imprisonment for and during the Term of their Natural Lives Provided alwayes Proviso for executors of the said persons and legacies That no Executor or Administrator to any of the dead Persons whose Estate is forfeited by this Act shall at any time hereafter be sued or molested for any Debt or Legacy by them paid as Executor or Administrator to any person or persons to whom the same was due or bequeathed and was by the said Executor or Administrator paid bona fide but the respective Legatées who have received any such Legacies from the said Executors shall be accomptable to the Kings Majesty for all such Legacies as they have respectively received and shall pay the same to the Kings most Excellent Maiesty Provided alwayes That nothing in this Act shall be construed to forfeit the Term Estate Proviso for Sir William Lewes or Interest which Sir William Lewes of Borden in the County of Southampton Baronet had or hath in the custody of the Park called East-mean Park in the aforesaid County and in the game of Conies therein for the term of thrée years to come from our Lady-day last being the remaining years of a greater term he the said Sir William being formerly possessed thereof by an Assignment made by John Allen Executor of the said Francis Allen the which said Park and Premisses being part of the Possessions of the Bishop of Winchester the said Sir William Lewes hath surrendred unto the said Bishop and hath now taken a new Lease thereof for thrée lives from the Bishop of Winchester the which said Lease for thrée lives so made by the said Bishop unto the said Sir William Lewes shall for and notwithstanding this Act or any thing therein contained remain firm and good unto the said Sir William Lewes according to the true meaning of his said Lease saving alwayes to all and every person and persons Bodies politick and others their respective Heirs Successors Executors and Administrators all such Estate Right and Title and Interest in Law and Equity which they or any of them have or ought to have of in to or out of any the Premisses not being in Trust for any the said Offenders nor derived by from or under the said offences since the five and twentieth day of March one thousand six hundred forty six saving alwayes and reserving to Cuthbert Collingwood Esquire and George Collingwood Gent. his Son their or either of their Heirs and Assigns and the Farmers and Tenants of the said Cuthbert and George Collingwood or either of them and of their Heirs and Assigns all such Right Title of Entry and Action Vse Interest and Possession which they or any of them or any in trust for them or any of them have or had or ought to have of in to or out of the Mannors Townships Villages Hamlets and Precincts of Islington Whitingham Barton Throunton Fawden Keynton West-Brunton East-Brunton Dunnington Blakedon alias Blagdon and Wetslade or any of them in the County of Northumberland and of in to or out of the Lands Tenements Hereditaments Rights Members and Appurtenances to them or any of them belonging or appertaining as if this Act had never béen made Proviso for Rachel Powre Provided also that this Act nor any thing herein contained shall extend to preiudice the Estate and Interest in Law or Equity of Rachel Powre Widow of in and to one Copyhold Messuage and Mill thereunto belonging with their Appurtenances Scituate lying and being in Chepmansford in the
to 12 ◠a lawful Oath 16 Car. 2. c. 4. and contrary to the Word of God from and after the four and twentieth day of March in this present year of our Lord One thousand six hundred sixty and one shall wilfully and obstinately refuse to take an Oath where by the Laws of the Realm he or she is or shall be bound to take the same being lawfully and duly tendred or shall endeavour to perswade any other person to whom any such Oath shall in like manner be duly and lawfully tendred to refuse and forbear the taking of the same or shall by Printing Writing or otherwise go about to maintain and defend that the taking of an Oath in any case whatsoever is altogether unlawful And if the said persons commonly called Quakers shall at any time after the said four and twentieth day of March depart from the places of their several habitations and assemble themselves to the number of five or more of the age of sixtéen years or upwards at any one time in any place under pretence of joyning in a Religious worship not authorized by the Laws of this Realm that then in all and every such cases the party so offending being thereof lawfully convict by verdict of twelve men or by his own confession or by the notorious evidence of the fact shall lose and forfeit to the Kings Majesty his Heirs and Successors for the first offence such sum as shall be imposed upon him or her not excéeding five pounds And if any person or persons being once convicted of any such offence shall again offend therein and shall in form aforesaid be thereof lawfully convicted shall for the second offence forfeit to the King our Soveraign Lord his Heirs and Successors The second offence such sum as shall be imposed upon him or her not exceeding ten pounds The said respective penalties to be levied by distress and Sale of the parties goods so convicted by warrant of the parties before whom they shall be so convicted rendring the overplus to the owners if any be and for want of such distress or non-payment of the said penalty within one wéek after such conviction that then the said parties so convicted shall for the first offence be committed to the Common-Goal or house of Correction for the space of thrée months and for the second offence during six moneths without bail or Mainprize there to be kept at hard labour which said monyes so to be levyed shall be paid to such person or persons as shall be appointed by those before whom they shall be convicted to be imployed for the increase of the stock of the House of Correction to which they shall be committed and providing materials to set them on work And if any person after he in form aforesaid hath béen twice convict of any of the said offences shall offend the third time and be thereof in form aforesaid lawfully convict that then every person so offending and convict The third offence shall for his or her third offence abjure the Realm or otherwise it shall and may be lawful to and for his Majesty his Heirs and Successors to give order and to cause him her or them to be transported in any Ship or Ships to any of his Majesties Plantations beyond the Seas And it is Ordained and Enacted by the Authority aforesaid Who may hear and determine the offences within this Act. That all and every Iustice of Oyer and Terminer Iustices of Assize and Goal-delivery and the Iustices of the Peace shall have full Power and Authority in every of their open and General Sessions to enquire hear and determine all and every the said Offences within the limits of their Commission to them directed and to make Process for the execution of the same as they may do against any person being indicted before them of Trespass or lawfully convicted thereof And be it also Enacted That it shall and may be lawful to and for any Iustice of Peace Mayor or other chief Officer of any Corporation within their several Iurisdictions to commit to the Common Goal or bind over with sufficient Sureties to the Quarter-Sessions any person or persons offending in the Premisses in order to his or their conviction aforesaid Provided alwayes and be it hereby further Enacted That if any of the said persons How persons submitting may be discharged from the penalties shall after such conviction as aforesaid take such Oath or Oaths for which he or she stands committed and also give security that he or she shall for the time to come forbear to meet in any such unlawful Assembly as aforesaid that then and from thenceforth such person and persons shall be discharged from all the penalties aforesaid any thing in this Act to the contrary notwithstanding Provided alwayes and be it Ordained and Enacted by the Authority aforesaid Lords of the Parliament That all and singular Lords of the Parliament for every third offence committed against the tenor of this Act shall be tryed by their Péers and not otherwise CAP. II. For repairing the High-wayes and Sewers and paving and keeping clean of the Streets in and about London and Westminster and for reforming of Annoyances and Disorders there and for the Regulating and Licensing of Hackney Coaches and for the enlarging of several strait and inconvenient Streets and Passages FOrasmuch as the Common High-wayes leading unto and from the Cities of London and Westminster and the Suburbs thereof and other places within the present Wéekly Bills of Mortality by reason of the multitude of Houses lately built and through the stopping and filling up the Ditches and Sewers and neglect of timely reparations are at present and for some years past have béen so miry and foul as is not only very noisom dangerous and inconvenient to the Inhabitants thereabouts but to all the Kings Liege People riding and travelling to and from the said Cities May it therefore please Your most Excellent Majesty that it may be Enacted And be it Enacted by the Kings most Excellent Majesty by and with the advice and consent of the Lords Spiritual and Temporal and the Commons in this present Parliament Assembled Commissioners to be named by his Majesty under the Great seal for Surveying and cleansing the Streets High-wayes and by the Authority of the same That for the Surveying Ordering and managing of the said High-wayes Stréets Allies and other Passages within the said Cities and places aforesaid and all things necessary for the Repairing Paving or kéeping clean thereof there be from henceforward Commissioners to be nominated by his Majesty under the Great Seal of England not excéeding the number of one and twenty besides such other Commissioners as are by this Act nominated and appointed whereof the Surveyor of his Majesties Works for the time being to be alwayes one that shall have their place of meeting at the Office of his Majesties Works in Scotland-yard or at some one other place as they or
that are under 16 foot in length The Militia or the Isle of Purbeck Provided also And be it Enacted by the Authority aforesaid That the Militia of the Island of Purbeck shall remain separate from the County of Dorset as heretofore hath béen used And that his Majesties Lieutenant of the said Island and his Deputies or any thrée or more of them for the time being shall have power for the Levying Arraying Mustering and conducting of such number of Foot for the defence of the said Island in such manner and by such ways and means as heretofore hath béen used and also to use and execute within the said Island all and every the powers which by the true intent of this Act Power to his Majesty to raise 70000 l. per annum for three years upon occasion EXP. any of his Majesties Lieutenants or his or their Deputies or any of them might in any respective County use or execute Provided nevertheless And be it Enacted by the Authority aforesaid That in case of apparent danger to the present Government it shall and may be lawfull for His Majesty at any time or times that the same shall so happen during the space of thrée years from the five and twentieth day of June in the year One thousand six hundred sixty and two to raise such sum or sums of money for the defraying of the whole or such part of the Militia aforesaid as his Majesty shall find himself obliged to imploy in order to the quiet and security of this Nation the said sum not excéeding Seventy thousand pounds in one whole year And the same to be raised by his Majesties Lieutenants or in their absence as aforesaid by their Deputies in their respective Counties according to the rules and directions in an Act in this present Parliament For the raising of Eighteen moneths Assessment after the rate of Seventy thousand pounds per mensem as also to continue the space of thrée years from the aforesaid five and twentieth day of June and no longer Any thing in this Act or any other to the contrary notwithstanding Be it also Enacted That all Constables Tything-men or other Officer or Officers Such as have provided Parish Arms before the 24. of June 1660. how to be re-imbursed EXP. who since the Four and twentieth of June One thousand six hundred and sixty have paid or disbursed or before the settlement of the Militia to be established by vertue of this Act shall pay or disburse any moneys for buying of Arms or defraying of Charges of Souldiers set or to be set upon their respective Parishes shall be re-imbursed the same by those who have refused to pay their proportions thereof And in case he or they shall refuse to pay the same then to be levied by distress and sale of Goods rendring the Overplus to the Owner or Owners by Warrant under the Hand and Seal of the Lieutenant or Lieutenants or in his or their absence or otherwise by their direction when they are not absent of any two of their Deputies directed to the respective Constables Tything-men or other Officer or Officers aforesaid of their respective Parishes Provided alwayes And it is hereby further Enacted and Declared No man charged shall be forced to serve in person but may find a sufficient man for him That no person charged with the finding of Horse or Foot or with contributing thereunto as aforesaid shall be compellable to serve in his or their proper person but may according to such proportion as they are or shall respectively be charged by this Act find one or more fit or sufficient Man or Men qualified according to this Act to be approved by his or their Captain respectively subject nevertheless to be altered upon appeal to the Lieutenant or in his absence as aforesaid to his Deputy-Lieutenants or any two of them as there shall be cause And that every such person or persons so found and provided shall and hereby are required to serve as a Souldier and Souldiers in such manner and under such penalties as are before appointed in this Act No person listed may desert the service or be discharged or Altered but by leave upon reasonable cause And that every person or persons who shall serve in his or their own persons who are also to be approved of as aforesaid or such person or persons as shall be accepted in his or their stead shall at the next Muster of such Troop or Company in which he or they are to serve give in his or their Christian and Sir-names and places of abode unto such person as the Lieutenant or in his absence as aforesaid or by his direction when he is not absent any two Deputy-Lieutenants shall appoint to the end the same may be listed And that from thenceforth such person so listed shall not be exchanged or desert the said Service or be discharged thereof but by the leave and order of the Lieutenant or two Deputy-Lieutenants or his Captain upon reasonable cause subject nevertheless upon appeal to be determined as aforesaid first obtained in writing under his or their hands and seals under pain that such person departing from the said service without leave as aforesaid The penalty shall forfeit the sum of 20 l. to be levied upon his Goods and Chattels in such manner as is by this Act appointed for the levying of other penalties and for non-payment or want of distress then every such person to be committed to the Common Gaol of the the County for any time not excéeding thrée moneths without bail or mainprise any thing in this Act to the contrary in any wise notwithstanding Provided always and be it Enacted Proviso for the Tinners of Devon and Cornwall That nothing in this Act contained shall extend to put any new charge of Arms upon the Tinners in the Counties of Devon and Cornwall other then the Tax mentioned in the former Proviso But that the Lord Warden of the Stannaries for the time being in pursuance of his Majesties Commission in that behalf and such as he shall Commissionate and Authorize under him according to the Rules and Directions before mentioned in this Act shall and may have and use the like Powers and Array Assess Arm Muster and Exercise the said Tinners within the said Counties and either of them as hath béen heretofore used and according to the ancient Priviledges and Customs of the said Stannaries observing the Rules and Proportions appointed by this Act Any thing in this Act to the contrary notwithstanding Provided always And be it Enacted by the Authority aforesaid Proviso for the Militia of London That his Majesties Lieutenants that are or shall be Commissionated for the Militia of the City of London may and shall continue to list and levy the Trained Bands and Auxiliaries of the said City as to number and quality of the persons in such manner as was used in forming the present Forces now raised by his Majesties
Collegiate Church within England and Wales shall at their proper costs and charges before the Twenty fifth day of December One thousand six hundred sixty two obtain under the Great Seal of England a true and perfect printed Copy of this Act and of the said Book annexed hereunto to be by the said Deans and Chapters and their Successors kept and preserved in safety for ever and to be also produced and shewed forth in any Court of Record as often as they shall be thereunto lawfully required And also there shall be delivered true and perfect Copies of this Act and of the same Book into the respective Courts at Westminster and into the Tower of London to be kept and preserved for ever among the Records of the said Courts and the Records of the Tower to be also produced and shewed forth in any Court as néed shall require which said Books so to be exemplified under the Great Seal of England shall be examined by such persons as the Kings Majesty shall appoint under the Great Seal of England for that purpose and shall be compared with the Original Book hereunto annexed and shall have power to correct and amend in writing any Error committed by the Printer in the Printing of the same Book or of any thing therein contained and shall certifie in writing under their Hands and Seals or the hands and seals of any thrée of them at the end of the same Book that they have examined and compared the same Book and find it to be a true and perfect Copy which said Books and every one of them so exemplified under the Great Seal of England as aforesaid shall be déemed taken adjudged and expounded to be good and available in the Law to all intents and purposes whatsoever and shall be accounted as good Records as this Book it self hereunto annexed Any Law or Custome to the contrary in any wise notwithstanding Proviso for the Kings Professor of Law in Oxford Provided also That this Act or any thing therein contained shall not be prejudicial or hurtful unto the Kings Professor of the Law within the Vniversity of Oxford for or concerning the Prebend of Shipton within the Cathedral Church of Sarum united and annexed unto the place of the same Kings Professor for the time being by the late King James of blessed memory Provided alwayes Proviso concerning the 3â—th Article agreed in the Convocation Anno 1562. That whereas the Six and thirtieth Article of the Nine and thirty Articles agréed upon by the Archbishops and Bishops of both Provinces and the whole Clergy holden at London in the year of our Lord One thousand five hundred sixty two for the avoiding of diversities of Opinions and for establishing of consent touching true Religion is in these words following viz. That the Book of Consecration of Archbishops and Bishops and Ordaining of Priests and Deacons lately set forth in the time of King Edward the Sixth and confirmed at the same time by Authority of Parliament doth contain all things necessary to such Consecration and Ordaining neither hath it any thing that of it self is superstitious and ungodly And therefore whosoever are Consecrated or Ordered according to the Rites of that Book since the second year of the aforenamed King Edward unto this time or hereafter shall be Consecrated or Ordered according to the same Rites We decree all such to be rightly orderly and lawfully Consecrated and Ordered It be Enacted And be it therefore Enacted by the Authority aforesaid That all Subscriptions hereafter to be had or made unto the said Articles by any Deacon Priest or Ecclesiastical person or other person whatsoever who by this Act or any other Law now in force is required to subscribe unto the said Articles shall be construed and be taken to extend and shall be applied for and touching the said Six and thirtieth Article unto the Book containing the form and manner of Making Ordaining and Consecrating of Bishops Priests and Deacons in this Act mentioned in such sort and manner as the same did heretofore extend unto the Book set forth in the time of King Edward the Sixth mentioned in the said Six and thirtieth Article Any thing in the said Article or in any Statute Act or Canon heretofore had or made to the contrary thereof in any wise notwithstanding Provided also That the Book of Common Prayer The Common Prayer used by Authority of Parliament 1. Eliz. to be used untill Bartholomew Day 1662. EXP. and Administration of the Sacraments and other Rites and Ceremonies of this Church of England together with the form and manner of Ordaining and Consecrating Bishops Priests and Deacons heretofore in use and respectively established by Act of Parliament in the First and Eighth years of Quéen Elizabeth shall be still used and observed in the Church of England until the Feast of St. Bartholomew which shall be in the year of our Lord God One thousand six hundred sixty and two EXP. as to this last Clause CAP. V. For Regulating the Making of Stuffs in Norfolk and Norwich WHereas divers abuses and deceipts have of late years béen had and used in the making of Worsteds and other Stuffs commonly called Norwich Stuffs and in the Réeling of Yarnes whereof the said Stuffs are either wholly or in part made which tends to the debasing of the said Manufacture unto the prejudice of the publique which said Trade of Weaving of Stuffs hath of late times béen very much increased and great variety of new sorts of Stuffs have béen invented 7 E. 4. cap. 1. so that the Power given by the Statute of the Seventh of Edward the Fourth Chapter the First is not sufficient for the Regulating of the same And that the number of the Wardens by the same Act appointed being but Eight are too few for the Governing and Ordering the same Trade by which means the same Manufacture will soon be lost if not prevented and carried into forreign Nations to the great diminution of His Majesties Customs and turning out of the work many thousands of poor people For prevention of which abuses deceipts and evils The number of Wardens and Assistants of Master Weavers in Norwich how and when to be chosen It is Enacted by the Kings most Excellent Majesty with the advice and consent of the Lords Spiritual and Temporal and Commons Assembled in Parliament and by the Authority of the same That there shall be Twelve Wardens and Thirty Assistants all which are to be Master-Weavers within the County of the City of Norwich and County of Norfolk sir of which said Wardens and fiftéen of the said Assistants shall be chosen the first Monday after Pentecost in the year of our Lord God One thousand six hundred sixty and two and from thenceforth yearly and every year on the next Monday after Pentecost at some publique place by the Master-Weavers or the greater part of them present of the said City and County of Norwich And the other six
seisure as aforesaid he or they shall forfeit for every such offence the sum of Twenty pounds for the uses and to be recovered as aforesaid And if any of the said Artificers and Dealers in cutting of Leather do refuse to be present with the said Searchers whensoever the same shall be desired by the said Master and Wardens of the Company of the Curriers or such persons thereto assigned by them as aforesaid then for every such default the persons so refusing shall forfeit the sum of Ten pounds for the uses and to be recovered as aforesaid CAP. VIII An Act for Distribution of Threescore thousand pounds amongst the truly Loyal and Indigent Commission-Officers and for Assessing of Offices and Distributing Moneys thereby raised for their further Supply EXP. CAP. IX For Relief of Poor and Maimed Officers and Souldiers who have faithfully served His Majesty and His Royal Father in the late Wars FOrasmuch as divers of His Majesties Loyal and Faithful Subjects who out of the sense of their Duty and Allegiance to his Majesties Royal Father of ever Blessed and Glorious Memory and to His Majestie that now is have during the late Wars wherein they have béen Imployed both by Sea and Land as Officers Souldiers and Mariners in the said Service exposed themselves to the utmost hazard of their Lives loss of their Limbs and utter ruine of their Fortunes and for whose Subsistence and Relief there is not yet any competent Provision made Nor for the Relief of the Widows and Orphans of such as have died or béen slain in the said Service And to the end that such as have béen eminent for their Loyalty and Sufferings The inducement and ground of this Act. in so good and just a Cause as the Defence of His Majesties Royal Person and Government may not passe without some Mark of Favour or Reward to be set upon them And that others may thereby receive all due Encouragement for the time to come to continue Loyal and Faithful to His Majesties Service according to their bounden Duty Be it Enacted by the Kings most Excellent Majesty 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 from the First day of this present Parliament every Parish within this Realm of England and Dominion of Wales and Town of Berwick upon Tweed shall be charged wéekly to the payment of such sum of Money as formerly they have béen rated by vertue of a Statute made in the Forty third year of Quéen Elizabeth Chapter the third 43 El. cap. 3. concerning the Relief of Mariners and Souldiers for and to such end and purpose How Parishes may be charged assessed and levied And likewise such further sum of Money over and besides the same as by His Majesties Iustices of the Peace in their next Quarter-Sessions to be held after the Feast of Easter next ensuing or the major part of them or at any other Quarter-Sessions to be hereafter by them held shall be adjudged méet to be Assessed upon every Parish or Chappelry that hath distinct Parochial Officers so as the said additional sum excéed not the sum of Two shillings and six pence nor be under the sum of Thrée pence each wéek for each such Parish or Chappelry the same to be levied in manner and form by such persons and under such penalties as by the said Statute of Quéen Elizabeth is Enacted and Declared And to be paid to the Treasurers for the Maimed Souldiers Treasurer for Maimed Souldiers appointed by the Iustices of the County or Liberty by vertue of this Act and the Statute of Quéen Elizabeth aforesaid Which said Treasurers shall be ordered to issue out and account for the same in such manner and under such penalties as by the said Statute is further Enacted and Declared And be it further Enacted by the Authority aforesaid â—fficers â—â—â—ldiers or â—â—â—triners Maimed or indigent how to be relieved That every Officer Souldier or Mariner maimed indigent aged or disabled in body for work in the Service of His said late Majesty or His Majesty that now is during the late Wars or which are so Impoverished by their Sufferings under any of the late Vsurped Powers as that they are destitute of any competent Subsistence or Livelihood and have continued Faithful to his Trust and not deserted the same by taking up Arms against His said late Majesty or His Majesty that now is or otherwise shall forthwith repair to the place where he was last setled before he took up Arms with a Certificate of his Service and hurts received under the hand of his Captain or other Commissionated Officer And shall also repair unto the two next Iustices of the Peace in the County where such his Setling was And the said two Iustices upon the Examination of the Truth of such Certificate which the said two Iustices are hereby impowred to take upon Oath of the party and of such Witnesses as he shall produce shall by Warrant unto the Treasurer assign him Relief until the next Quarter-Sessions to be holden for that County or Liberty at which time a yearly Pension shall be by the said Iustices or the major part of them granted in Manner and Form and with Power of Revocation or Alteration as by the said Statute is further declared and directed And in case that the Captain or Officer appointed to make such Certificate be dead the said two Iustices shall have Power upon Request made to them in behalf of the party maimed or aged indigent or disabled as aforesaid by Persons of Credit to give such Relief as in case of Examination as aforesaid Widowes and Orphans of Souldiers And as touching the Widows and Orphans of such as have died or suffered death in the said Service It is hereby further Enacted by the Authority aforesaid That over and besides such Relief as they shall gain by their Work and Labour and shall be allowed by the Charity and Benevolence of the Parish Town or Hamlet where they are setled who are hereby required to have them in special regard the Treasurers for the Maimed Souldiers for such County shall allow such further Relief from time to time as shall be adjudged méet by the two next Iustices of the Peace of such County And the said Relief shall be paid out of the Surplusage of such Stock of Maintenance as shall remain in the hands of the said Treasurers after such Pensions and payment of them made and of which Surplusage and Allowance made unto such Widows and Orphans the said Treasurers shall give account from time to time and the same distribute in such manner as by the Iustices shall be directed and according to the Statute aforesaid Treasurers High-Constables c. to be called to Accompt for Moneys received And be it further Enacted by the Authority aforesaid That the Iustices of Peace in every County or Liberty or any
of the Peace That the said Iustices of Peace shall cause all the said Accounts of the several Hearths and Stoves within the respective Counties to be Inrolled by the Clerk of the Peace of the said respective Counties Ridings in Yorkshire and Divisions in Lincolnshire and also a Duplicate thereof in Parchment under the Hands and Seals of thrée or more of the Iustices of Peace of the respective Counties and places aforesaid who are hereby required to sign the same to be returned into his Majesties Court of Exchequer within one moneth next after such account delivered unto them at their respective Quarter-Sessions aforesaid upon pain that the Clerk of the Peace of every such County Riding or Division respectively offending therein shall forfeit to his Majesty his Heirs and Successors the sum of Two hundred pounds for the first moneth and for the second moneth he shall so neglect every such Clerk of the Peace shall forfeit and lose his or their place and office and the same shall become void accordingly which forfeiture and penalty shall be recovered and levied as this Act directs And to the intent that the Revenue hereby arising to his Majesty How the Moneys arising shall be collected received and paid into the Exchequer may from time to time be paid into his Exchequer with as little charge as may be Be it Enacted by the Authority aforesaid That the respective Treasurers and other Officers of the Inns of Court Inns of Chancery Colledges and other Societies aforesaid within their respective Iurisdictions and the several Petty-Constables Tithing-men Head-boroughs and such other Officers within the respective Limits Liberties and Iurisdictions shall every half year within Six days after the said duty shall grow due as aforesaid collect gather and receive the same from the several Occupiers of the said Hearths and Stoves and upon payment thereof shall give several Acquittances without taking any thing for such Acquittances unto the several persons who shall pay the same And that such Acquittances shall be a full and perfect discharge to every such person who shall pay the same against His Majesty His Heirs and Successors so that no person who shall have such Acquittance shall be molested sued or vexed or put to any charge in His Majesties Court of Exchequer or else where Distress and sale of goods in default of payment And be it further Enacted by the Authority aforesaid That in case any person who is hereby charged or intended to be charged to pay any sum or sums of money as aforesaid shall refuse or neglect to pay the same that then every person or persons who is hereby Authorized to collect the same shall and may levy the same by distress and sale of the goods of the person and persons so refusing or neglecting rendring unto the said person and persons the overplus of such money as shall remain in their hands by the said sale after the said duty and necessary charges of levying the same is discharged as aforesaid The duty of Constables Treasurers and Officers impowered to Collect the said duties And be it further Enacted by the Authority aforesaid That the aforesaid Constables Treasurers and other Officers who are hereby Authorized to collect the aforesaid duties shall within Twenty days next after the aforesaid times at which the said duties shall be due to His Majesty as aforesaid pay unto the High Constables of the several Hundreds and respective Limits all such money as they shall receive for the aforesaid duties receiving an Acquittance without paying any thing for the same The allowance for Collecting and deducting Two pence in the pound for their pains in collecting the same And shall also then in writing under his hand deliver unto the said High Constable the names of the persons of whom they receive the same and also the names of such persons who ought to have paid the respective duties yearly charged upon them and have not paid the same where no distress can be had Within what time the money ought to be paid to the High Sheriff And be it further Enacted That the High Constables of the several hundreds and respective limits shall within ten days next after their several receipts from the said Constables Headboroughs Tithingmen and other Officers pay unto the High Sheriffs of every County all such money as they shall so receive deducting a penny in the pound for their pains and shall also then deliver or cause to be delivered unto the said High Sheriffs the several returns which they received from the Constables and other Officers aforesaid And when the High Sheriff ought to pay the same into the Exchequer And the respective Sheriffs shall within thirty days after he or they shall receive the said moneys from the respective Collectors return the same together with the names of such persons who are defaulters and had no distress to be found into His Majesties Court of Exchequer deducting Four pence out of every Twenty shillings and so after that rate whereof Thrée pence to be for the Sheriffs own use as a reward of his pains in receiving and returning the same and One penny to be paid by the Sheriff to the Clerk of the Peace for his pains to be recovered by the said Clerk of the Peace by Action of Debt London Middlesex Provided always and be it Enacted That the High Sheriff of London and Middlesex for the time being for London and so much of the County of Middelsex as lies within the Bills of Mortality other then the Inns of Court and Chancery and the High Sheriff of Surrey for the time being for the Burrough of Southwark Surrey Southwark and all other Sheriffs of any other City or Town being a County of it self for such Cities and Towns respectively shall be and are hereby made Collectors of and for the several duties arising within their several and respective limits For which end and purpose and in those places onely the Constables Tithingmen Headboroughs and other Officers shall deliver unto the Sheriffs of the Cities and places aforesaid Duplicates of the same Accompts of Hearths and Stoves which the said Constables Headboroughs Tithingmen and other Officers are appointed by this Act to take from time to time and to deliver to the Iustices of Peace to be Inrolled as aforesaid And the said Sheriffs of the Cities and places last before mentioned are hereby enabled to levy the said duties and required to give Acquittances without any Fées as fully and amply to all intents and purposes as in this Act is appointed to be done by any other Collectors And the said Sheriffs shall from time to time within Forty days after the said Duties shall be payable by vertue of this Act make payment of all the moneys levied into His Majesties Exchequer with a perfect List of the names of such persons as shall make default of payment where no distress can be found to be taken Any thing in this
the contrary in any wise notwithstanding Proviso for owners of ships that have offended and shall first discover the same Provided always That if any Owner of any Ship or Vessel or any Master or Mariner knowing of such transportation of such shéep wool woolfels mortlings shorlings yarn made of wool wool-flocks Fullers earth Fulling clay or Tobacco-pipe clay shall within thrée moneths next after the knowledg thereof or after his return into the Kingdom of England or Ireland or into the said Town of Berwick or Dominion of Wales aforesaid give the first information bona fide before any of the Barons of either of the Courts of the Exchequer in England or Ireland for the time being or before the head Officer of any Port where he shall first arrive upon his or their Oath of the number and quantity of the goods mentioned in this Act so carryed conveyed and transported and by whom where and in what ship or vessel and afterwards shall be ready upon reasonable warning by Process to justify and prove the same that then such Owner and Owners Master Mariner and Mariners shall not be punished for felony by vertue of this Act but shall nevertheless be subject to all other penalties and forfeitures in this or any other Act contained for the Offence aforesaid and all such Exportation Transportation carrying or conveying of any the goods Common nusance Who may hear and determine the said offences wares or commodities in this Act mentioned is hereby declared and adjudged to be a common and publick Nusance And for the better execution of this Act be it further Enacted that all Iustices of Assize Iustices of Goal-delivery and Iustices of Peace shall enquire of all the premisses in their General Quarter-Sessions and hear and determine the same and that all Mayors Bailiffs and other head Officers of Cities Burroughs and Towns not having Iurisdiction to try felony shall enquire of all and every Offence within this Act not made felony and hear and determine the same CAP. XIX Importing of Foreign Wool-cards Card-wire or Iron-wire prohibited WHereas by the Acts of Parliament made in the third year of King Edward the fourth and the nine and thirtieth year of Quéen Elizabeth 3 E. 4. ca. 4. â—9 El. c. 14. and several other Statutes before that time made It is Enacted amongst other things therein contained that no Cards for wool nor Iron thread commonly called white wire shall be Imported sent or conveyed into this Realm of England wherein the best Iron thread or wire for making wool-cards is made and by the said manufacture of making and drawing of wire and wool-cards very many poor people of this Kingdom and their families have béen imployed and maintained and the wool-cards made thereof are of great concernment to this Kingdom for the good making of woollen Cloth And whereas contrary to the said Statutes not only much Foreign Card-wire but also Foreign wool-cards have béen in these late times Imported into this Kingdom and also within the same many old wool-cards are by ill disposed persons for their private lucre bought up and the old Iron-wire of the said old wool-cards being very weak and insufficient for the well carding of wool is put into new leather and new boards and so uttered and sold to ignorant people for new wool-cards to their great detriment and the indamaging of their work carding of wool and the cloth made thereof By all which very great inconveniencies have béen found by experience of Clothiers in their making of English Cloth which is lately much debased and decayed and wherein this Nation is greatly concerned to uphold and encourage the well making thereof in and by all wayes and means in any wise conducible thereunto Be it therefore Enacted by the Kings most Excellent Majesty by and with the advice and consent of the Lords Spiritual and Temporal and the Commons assembled in Parliament No Foreign wool-cards card-wire or iron wire for wool-cards may be imported And it is hereby Enacted by the Authority aforesaid That no Foreign wool-cards or Foreign Card-wire or Iron-wire for making of wool-cards be Imported into this Kingdom of England Dominion of Wales or any parts thereof nor used within the same nor any Card-wire taken out of old Cards be from henceforth put into new leather and new Card-boards nor any such wool-cards made thereof be put to sale upon the pains penalties and forfeitures hereafter following that is to say Every person or persons who shall import or bring any Foreign wool-cards or Foreign Card-wire or Iron-wire for making of wool-cards into this Kingdom of England The penalty Dominion of Wales or any parts thereof or make any wool-cards of any such old Card-wire as aforesaid or put the same to sale shall forfeit the said wool-cards and Card-wire or Iron wire for making wool-cards or the value thereof if the same be not seised the one half part thereof to the Kings Majesty and the other half part thereof to such person or persons who shall first seise or sue for the same by Action of Debt Plaint Bill Information or Indictment in any of his Majesties Courts of Record at Westminster or within the County City Burrough or Town Corporate where such offence shall be committed wherein no Essoign Protection Wager of Law or Injunction shall be allowed or admitted Proviso for amending of old wool-cards Provided always That this Act shall not extend to hinder the Owners of any wool-cards to cause them to be amended for their own use or to transport or sell for Transportation onely any their old overworn wool-cards in any parts beyond the Seas out of his Majesties Dominions CAP. XX. Provision of Carriage by Land and by Water for the use of His Majesties Navy and Ordnance WHereas by an Act Entituled An Act for taking away the Court of Wards and Liveries 12 Car. 2. cap. 24. and Tenures in Capite and by Knights Service and Purveyance and for setling a Revenue upon His Majesty in lieu thereof It was amongst other things Enacted for the reasons and recompence therein expressed That from thenceforth no Person or Persons by any Warrant Commission or Authority under the Great Seal or otherwise by colour of buying or making provision or purveyance for his Majesty or any Quéen of England for the time being or of any the Children of any King or Quéen of England that shall be or for his their or any of their Houshold shall take any Cart Carriage or other thing whatsoever of any the Subjects of his Majesty his Heirs or Successors without the free and full consent of the Owner or Owners thereof had and obtained without Menace or Enforcement nor shall summon warn take use or require any of the said Subjects to furnish or find any Horses Oxen or other Cattel Carts Ploughs Wayns or other Carriages for the use of his Majesty his Heirs or Successors or of any Queen of England or of any Child or Children
and by Authority thereof that from and after the Feast of St. Michael the Arch-angel which shall be in the year of our Lord One thousand six hundred sixty and two for and during the term of Five years next ensuing the date of this present Act it shall and may be lawful for the respective Iustices of Peace of the said respective Counties or the major part of them at any General Sessions of the Peace to be holden for the said Counties respectively on the behalf of the said Counties or either of them from time to time as they shall sée occasion to make an Order in open Court of Sessions for charging according to their several Proportions all and every the several Inhabitants of the said respective Counties for the safeguard and securing of the said severall Counties and Inhabitants thereof from all injury violence spoil and rapine of the Moss-Troopers aforesaid Provided That the said County of Northumberland be not by force of this Act at any time charged above the sum of Five hundred pounds in the year nor the said County of Cumberland charged above the sum of two hundred pounds in the year And for this end and purpose the said several Iustices of Peace of the respective Counties aforesaid are hereby impowred and authorized at any their General Quarter Sessions aforesaid to appoint and imploy from time to time if occasion require any person or persons to have the Conduct and Command of a certain number of men not excéeding the number of Thirty men in the County of Northumberland and Twelve in the County of Cumberland whereby the Malefactors aforesaid may be searched out discovered pursued apprehended and brought to tryal of the Law And all and every the said Iustices of Peace of the respective Counties aforesaid or the major part of them at any General Sessions of the Peace to be holden for the said Counties or either of them respectively are hereby further impowred and authorized by force of this present Act to make and issue forth their respective Warrants under their hands for the levying and collecting any sum or sums of money ordered to be paid for and towards the safeguard and securing of the said Counties respectively as aforesaid and to give full power to the several Constables and other Officers to raise levy and collect the said money and all and every the Inhabitants of the said several Counties according to their respective proportionable Estates in Lands or Goods by Distress and Sale of Goods rendering the overplus if there be any to the respective Owner or Owners And the said Iustices of Peace in the said several Counties or any one of them respectively are hereby also authorized to examine any Complaint made against the Collectors and Constables or any other Officers or Ministers of Iustice whatsoever or any of them or any other refractory person or persons whatsoever that at any time hereafter shall refuse neglect or fail to give obedience to this Act or shall do any act or acts in disturbance or obstruction thereof and to bind over such person or persons to the next Quarter Sessions according to the known Laws of the Land to the end such person or persons may be procéeded withall according to Iustice And the said respective Iustices of Peace as aforesaid are hereby further Impowred and Authorized on behalf of the said several Counties respectively to appoint a Treasurer to receive from the said Collectors the Moneys by them Collected and to pay over the same according to the Orders they shall receive from the said Iustices at the General Sessions of the Peace to be holden for the said respective Counties And the said Iustices are also Impowred to agrée and article with such person or persons yearly as they shall think fit to imploy in the said Service and to take sufficient Security of them for the faithful and most effectual performance thereof for the best safeguard advantage and benefit of the people according to the true intent and meaning of this Act. And in case any person or persons shall in pursuance of this Act be imployed in the Border-Service and shall at any time hereafter wilfully and corruptly or for any sinister respect whatsoever neglect or forbear to Discover or Apprehend or to bring to Tryal any of the said persons called Moss-Troopers as aforesaid and shall be convicted thereof according to Law he or they shall from thenceforth be disabled and made uncapable for ever after to manage or take upon him or them the said Imployment and to suffer such Fine and Imprisonment according to the quality of his or their offence as the Iustices of Peace at their General Sessions shall think fit to inflict Provided nevertheless and be it hereby Declared That it shall be lawful for the Iustices of Peace of either of the said Counties as aforesaid respectively at any time hereafter to moderate or lessen the said charge if they sée cause Provided that this Act shall continue and be in force for five years and no longer Provided always and be it further Enacted by Authority aforesaid That for better suppression and punishment of the said Moss-Troopers flying out of England into Scotland or out of Scotland into England 4 Jac. cap. 1. 7 Jac. cap. 1. the Statutes made in the several Sessions of Parliament in the Fourth and Seventh years of King James shall be revived and put in execution according to their true intent 18 Car. 2. cap. 3. Continued for Seven years from the expiration of this Act. CAP. XXIII An Additionall Act concerning matter of Assurance used amongst Merchants WHereas by an Act of Parliament made in the Thrée and fortieth year of the Reign of Quéen Elizabeth of happy memory 43 El. cap. 12. Entituled An Act concerning matters of Assurances used amongst Merchants Encouragement of Merchants and Trade The Parliament then taking into Consideration by all good means to comfort and encourage the Merchants of this Kingdome thereby to advance and increase the Wealth of this Realm her Majesties Customs and the strength of shipping and for preventing of divers mischiefs in the said Act mentioned It was Enacted That it should and might be lawful for the Lord Chancellor or Lord Kéeper of the Great Seal of England for the time being to award forth under the Great Seal of England one general or standing Commission to be renewed yearly at the least and otherwise so often as unto the Lord Chancellor or Lord Kéeper should séem méet for the hearing and determining of Causes arising on Policies of Assurance such as then were or then after should be entred within the Office of Assurance of the City of London which Commissions should be directed to the Iudge of the Admiralty for the time being the Recorder of London for the time being Two Doctors of the Civil Law Two Common Lawyers and eight grave or discréet Merchants or any five of them which Commissioners or the greater part of them which
herein contained The eights and duties of Aulnage saved shall extend or be construed to extend to take away any of the Rights Duties or Customs of or belonging to the Office and Place of his Majesties Aulnager or his Deputy or Deputies within the said West-Riding But that he or they shall or may from time to time do and perform all and every matter and thing to him or them belonging according to the Laws and Statutes of this Realm And also receive all Fées due and accustomed to the said Office belonging in as large and ample manner as he or they might or ought to have done before the making of this present Act Any thing herein contained to the contrary thereof in any wise notwithstanding Provided always and it is further Enacted by the Authority aforesaid That neither the said Supervisers Masters Wardens and Assistants nor any of them Proviso that Rates of wages of workmen may not be set by colour of this Act. nor any other person or persons frée of the said Corporation of Broad Woollen Clothiers shall by any Authority derived from this Act or by colour thereof set or impose any other or lesser Rates or Wages upon any inferiour Workmen Servants or Labourers to be imployed by them or any of them in the said Manufacture then such as shall be from time to time allowed and approved of by the Iustices of the Peace in their Quarter-Sessions according to the Laws and Statutes touching Labourers in that case made and provided Provided also That this Act continue to the end of the First Session of the next Parliament The Continuance of this Act. and no longer CAP. XXXIII For preventing Abuses in Printing Seditious Treasonable and Unlicensed Books and Pamphlets and for Regulating of Printing and Printing-Presses WHereas the well-government and Regulating of Printers and Printing-Presses is matter of Publick care and of great Concernment especially considering Regulating of Printing of great Concirnment that by the general Licentiousness of the late Times many evil-disposed persons have béen encouraged to Print and Sell Heretical Schismatical Blasphemous Seditious and Treasonable Books Pamphlets and Papers and still do continue such their unlawful and exorbitant practice to the high dishonour of Almighty God the endangering the peace of these Kingdoms and raising a disaffection to His most Excellent Majesty and His Government For prevention whereof no surer means can be advised then by reducing and limiting the number of Printing-Presses and by ordering and setling the said Art or Mystery of Printing by Act of Parliament in manner as herein after is expressed The Kings most Excellent Majesty by and with the Consent and Advice of the Lords Spiritual and Temporal and Commons in this present Parliament assembled Pamphlets and Books prohibited to be printed published or sold doth therefore Ordain and Enact and be it Ordained and Enacted by the Authority aforesaid That no person or persons whatsover shall presume to Print or cause to be Printed either within this Realm of England or any other His Majesties Dominions or in the parts beyond the Seas any Heretical Seditious Schismatical or offensive Books or Pamphlets wherein any Doctrine or Opinion shall be asserted or maintained which is contrary to Christian Faith or the Doctrine or Discipline of the Church of England or which shall or may tend or be to the scandal of Religion or the Church or the Government or Governors of the Church State or Common-wealth or of any Corporation or particular person or persons whatsoever nor shall Import Publish Sell or dispose any such Book or Books or Pamphlets nor shall cause or procure any such to be Published or put to Sale or to be bound Stitched or Sewed together And be it further Ordained and Enacted by the Authority aforesaid That no private person or persons whatsoever shall at any time hereafter Print or cause to be Printed any Book or Pamphlet whatsoever unless the same Book and Pamphlet together with all and every the Titles Epistles Prefaces Proems Preambles Introductions Tables Dedications and other matters and things thereunto annexed Entry of printed Books with the Register of the Company of Stationers London be first Entred in the Book of the Register of the Company of Stationers of London Except Acts of Parliament Proclamations and such other Books and Papers as shall be appointed to be Printed by vertue of any Warrant under the Kings Majesties Sign Manual or under the hand of one or both of His Majesties Principal Secretaries of State and unless the same Book and Pamphlet and also all and every the said Titles Epistles Prefaces Proems Preambles Introductions Tables Dedications and other matters and things whatsoever thereunto annexed or therewith to be Imprinted shall be first lawfully Licensed and Authorized to be Printed by such person and persons only as shall be constituted and appointed to License the same according to the direction and true meaning of this present Act herein after expressed Who may Licence Books concerning the Common Laws to be-Printed and by no other that is to say That all Books concerning the Common Laws of this Realm shall be Printed by the special allowance of the Lord Chancellor or Lord Kéeper of the Great Seal of England for the time being the Lords Chief Iustices and Lord Chief Baron for the time being or one or more of them or by their or one or more of their appointments And that all Books of History concerning the State of this Realm or other Books concerning any Affairs of State Books of History and Affairs of State Concerning Heraldry shall be Licensed by the Principal Secretaries of State for the time being or one of them or by their or one of their appointments And that all Books to be Imprinted concerning Heraldry Titles of Honour and Armes or otherwise concerning the Office of Earl Marshal shall be Licensed by the Earl Marshal for the time being or by his appointment or in case there shall not then be an Earl Marshal shall be Licensed by the Thrée Kings of Armes Garter Clarencieux and Norroy or any two of them whereof Garter Principal King of Armes to be one Divinity Physick Philosophy or other Science And that all other Books to be Imprinted or Reprinted whether of Divinity Physick Philosophy or whatsoever other Science or Art shall be first Licensed and allowed by the Lord Archbishop of Canterbury and Lord Bishop of London for the time being or one of them or by their or one of their appointments or by either one of the Chancellors or Vice-Chancellors of either of the Vniversities of this Realm for the time being Provided always that the said Chancellors or Vice-Chancellors of either of the said Vniversities shall onely License such Books as are to be Imprinted or Reprinted within the limits of the said Vniversities respectively but not in London or elsewhere not medling either with Books of the Common Laws or matters of State or
Enacted That all and every person and persons which since the five and twentieth day of March One thousand six hundred sixty and two have acted or done any thing in the dismantling of any Cities or Towns or demolishing of Walls and Fortifications thereof or relating thereunto shall be and are hereby indempnified and saved harmless And whereas some doubt hath arisen upon the said Act what Estates shall be charged with or toward Foot Be it therefore Enacted and Declared by the Authority aforesaid How persons may be charged with arms and for what estates That no person who hath an Estate of the yearly value of two hundred pounds or personal Estate of the value of two thousand four hundred pounds chargeable by the said Act shall be charged with or toward the finding any Foot and it shall be lawful for the respective Lieutenants and Deputies or any three or more of them to charge according to the proportions in the said Act any person who hath an Estate of the yearly value of one hundred pounds and under the yearly value of two hundred pounds or who hath a personal Estate of twelve hundred pounds and under the value of two thousand four hundred pounds chargeable by the said Act with or towards the finding of Foot or toward the finding of Horse as to their judgment shall séem most expedient for his Majesties Service Yet nevertheless this shall not be construed to extend to make any alterations in the provisions in the said or this Act concerning the Forces to be charged or raised in Cities Corporations and Port-Towns Provided always and be it Enacted by the Authority aforesaid That the Lord Warden of the Cinque-Ports to antient Towns and their Members and in his absence The Cinque-Ports his Lieutenant or Lieutenants shall and may put in execution within the said Ports Towns and Members all the Powers and Authorities given and granted by this and the said former Act and to execute and perform all and every the things therein contained in the like manner as the respective Lieutenants of the Counties and their Deputies may do and may kéep up and continue the usual numbers of Souldiers in the said Ports Towns and Members unless they find cause to lessen the same And that the Inhabitants of the said Ports Towns and Members being in regard of their scituation on the Sea-coasts charged with a greater proportion of Arms and Armed men then other parts of the Kingdom shall not be charged with Arms or Armed men in the Counties adjacent for their Estates there lying save only for such proportion as they are lyable unto and either are not or shall not be charged with within the said Ports Towns and Members Any thing in this Act contained to the contrary in any wise notwithstanding St. Martins Parish in Stamford Baron in Lincolnshire Provided always and be it Enacted by the Authority aforesaid That the Inhabitants and Revenues of or in the Parish of Saint Martin called Stamford Baron in the Suburbs of the Borough and Town of Stamford on the South-side of the Waters there called Welland may be Assessed and Charged to find and serve in the Trained Bands of the County of Lincoln as formerly according to the said mentioned Act and this present Act by the Lieutenant and Deputy-Lieutenants for the County of Lincoln for the time being in such manner as any persons or estates within the said County of Lincoln may be by them assessed and charged to the purposes aforesaid And they of Saint Martin aforesaid are hereby declared to be well and legally assessed and charged by the said Lieutenant and Deputy-Lieutenants respectively CAP. V. For Regulating Select Vestries FOr prevention of the evils which may arise from Vestry-men not Conforming to the Government and Discipline of the Church of England as it now is by Law established Be it Enacted by the Kings most Excellent Majesty by the Advice and with the Consent of the Lords Spiritual and Temporal and of the Commons in this present Parliament Assembled That all and every person who now is a Vestry-man or member of any Vestry within any Parish in the Cities of London and Westminster Borough of Southwark and wéekly Bills of Mortality and in all other Cities Boroughs and Towns Corporate where Select Vestries are used in the Kingdom of England All Vestry-men shall take and subscribe the Declaration in 14 Car. 2. c. 4. on or before the Nine and twentieth day of September next And all and every person who at any time hereafter shall be elected to be a Vestry-man or member of any Vestry within any Parish in any the places aforesaid within one moneth after such his Election shall before the respective Archbishop Bishop or Ordinary Vicar-General or Chancellor of the Diocess make and subscribe the Declaration and Acknowledgment enjoyned in the late wholsom good Act Entituled An Act for the Uniformity of Publick Prayers and Administration of Sacraments and other Rites and Ceremonies and for establishing the Form of Making Ordaining and Consecrating Bishops Priests and Deacons in the Church of England in these words following I A. B. Do declare That it is not lawful upon any pretence whatsoever to take up Arms against the King and that I do abhor that Traiterous Position of taking Arms by His Authority against His Person or against those that are Commissionated by him And that I will conform to the Liturgy of the Church of England as it is now by Law established And I do declare That I do hold there lies no Obligation upon me or on any other person from the Oath commonly called The Solemn League and Covenant to endeavour any change or alteration of Government either in Church or State And that the same was in it self an unlawful Oath and Imposed upon the Subjects of this Realm against the known Laws and Liberties of this Kingdome The penalty And that all and every such person who shall neglect or refuse to do the same within the respective times aforesaid shall ipso facto be deprived of such his place of Vestry-man and of being a Member of such Vestry to all intents and purposes And such place shall be actually void as if such person were naturally dead Any Vsage or Custom to the contrary notwithstanding And that from and after such neglect or refusal it shall be lawful for all persons who shall have right of Election or nomination of such Vestry-man or member of such Vestry to procéed to election or nomination of some other discréet person of the respective Parish in the room of such person so neglecting or refusing as aforesaid And if such person so to be elected in the room of such person so neglecting or refusing as aforesaid shall also neglect or refuse to make and subscribe the said Declaration and Acknowledgment in manner and time aforesaid whereby such place shall again become void or if such persons who shall have right of Election or nomination
Brewers shall be sued or prosecuted for any penalty or forfeiture by him or them incurred for or by reason of any mis-entry or short Entry if he or they shall within the space of one wéek after the delivery of such Copy as aforesaid certifie his or their Entry according to the said Return or otherwise discharge himself Be it Enacted That from and after the said First day of September One thousand six hundred sixty thrée and as often as there shall be occasion Two able Artists shall be appointed Skilful Gagers to be made and to take an oath one of them by His Majesties Commissioners Farmers or Sub-Commissioners for Excise and the other by the Brewers of any City or place which said Artists shall take an Oath which Oath any one Iustice hath hereby power to administer to take and compute the just Contents and Gage of all Coppers Fat 's Tuns Backs and Coolers and all other Brewing-Vessels of that nature belonging to all or any Brewer or Brewers of Béer or Ale to sell and to deliver and give under their hands one Copy of the particular Contents of all such Vessels to the aforesaid Commissioners Farmers and Sub-Commissioners and another true Copy thereof to each and every such respective Brewer which Computation by the Artists aforesaid shall answer and be according to the measures and proportions exprest in the said former Acts for Excise Commissioners or Farmers not to act as Iusticesces of the peace in matters touching the Excise And be it further Enacted That no Commissioner Farmer or Sub-Commissioner for the Excise or Common Brewer of Ale or Béer to sell or Inn-kéeper whatsoever shall from and after the said First day of September have power to act in or execute as a Iustice of the Peace any of Powers Clauses or things contained in any of the Laws made for and concerning the Excise or in this present Act And if any of the said persons shall presume to act or execute any thing contrary hereunto It is hereby further Declared That all such things so acted or executed by any of them are and shall be utterly void and null to all intents and purposes And whereas by the said recited Acts it is Enacted That no person shall be compelled by the Commissioners or Sub-Commissioners of Excise to Travel for the making of his Entries or Payment of the Duties of Excise or other Clause whatsoever touching or concerning the same if he live in a Market-Town Market Towns out of the said Town and if he live out of a Market-Town then to no other place then to the next Market-Town to his habitation in the same County on the Market-day And nevertheless the Commissioners and Sub-Commissioners or their Officers have not accordingly kept Officers in the Market-Towns in many Counties within England and Wales whereby such Entries and Payments for the Duties of Excise might be had and made and yet do take and levy the Penalties and Forfeitures in the said Acts mentioned for non-Entry and Payment of the Duty and do otherwise thereupon grieve and vex His Majesties Subjects contrary to the true intent and meaning of the said Acts Be it therefore Enacted by the Authority aforesaid That from and after the said First day of September in the year of our Lord One thousand six hundred sixty and thrée the Commissioners Farmers or Sub-Commissioners in each County within England and Wales shall constitute and appoint Officers to attend in Market-Towns touching receits and duties of Excise or depute under their hands and seals such person or persons as they shall think néedful in each respective Market-Town to be there upon every Market-day in some known and publick place for the receiving of the said Entries and Duties of Excise and for performing all other matters and things touching the said Duty according to the said Acts and this present Act which said person and persons so constituted or deputed and the place where they intend to hold or kéep such Office being on the next Market-day after such Constitution or Deputation published in full and open Market shall attend at such Office on every Market-day in such Market-Town and shall keep the said Office open from Nine of the Clock in the morning until Twelve of the Clock at Noon and from Two of the Clock in the Afternoon until Five of the Clock in the Afternoon And in case such Office shall not be so kept and attended in each Market-Town respectively the Commissioners Farmers Sub-Commissioners or other person or persons so neglecting or refusing to do the same shall for every Market-day forfeit Ten pounds the one half to the Kings Majesty His Heirs and Successors and the other half to him or them that will Inform and Sue for the same in any of His Majesties Courts of Record by Action of Debt Bill Plaint or Information wherein no Essoign Protection or Wager of Law shall be admitted or allowed And such person as shall come to such Market-Town to make such Entry or Payment of the Duties The Penalty and shall tender the same according to the said Acts and be able to prove such Tender by the Oath of one or more sufficient Witnesses shall not be liable to any Penalty or Forfeiture imposed by the said Acts for such wéekly or monthly Entries or Payments as should have béen made or paid on such Market-day any Article Clause or Thing in any or either of the said Acts or this present Act to the contrary notwithstanding And be it further Enacted by the Authority aforesaid That from after the first day of September At what times only Brewers may carry out their deer No common Brewer of Béer or Ale shall Sell Deliver or Carry out any Béer or Ale to any his Customers either in whole Cask or by the Gallon in any City Town-Corporate or Market-Town before notice given to an Officer of Excise but betwéen the hours of the day hereafter mentioned That is to say From the Twenty fifth day of March to the Twenty ninth day of September yearly betwéen the hours of Thrée of the Clock in the morning and Nine of the Clock in the evening and from the Nine and twentieth day of September to the Five and twentieth day of March yearly betwéen the hours of Five of the Clock in the morning and Seven of the Clock in the evening upon pain that every Brewer doing contrary hereunto shall for every such Offence forfeit and lose the sum of Twenty shillings for every Barrel of Béer or Ale that shall be so carried out contrary to the true meaning of this Act to be Levied and Recovered as in and by this present Act is hereafter enacted and appointed And be it further Enacted by the Authority aforesaid That if any common Brewer Inn-Kéeper Victualler or other Retailer of Béer or Ale shall at any time after the First day of September after an accompt hath béen taken by the said Gager or Gagers of
Lodging or Chamber shall not make or cause to be made an Account or shall omit in his Account required to be made by this Act any Hearth or Stove he shall for every such Hearth or Stove he shall so omit forfeit the sum of Forty shillings Penalty upon Constables for neglect Provided also That if any Petty Constable Headborough or Tythingman to whom such Accounts as aforesaid shall come shall neglect to transmit the same together with a Book or Roll in manner and time aforesaid to the respective High Constable or other like Officer as aforesaid or shall make default in giving such notice as aforesaid or in comparing the Account with two substantial Inhabitants as aforesaid shall forfeit for every such offence the sum of Five pounds High-Constables Provided also That if any High-Constable or other like Officer as aforesaid shall neglect to compare the said Original Accompts and the said Book or Roll or to transmit the same in manner and time aforesaid he shall for every such Offence forfeit the sum of Ten pounds All which before mentioned Forfeitures and Penalties shall be recovered by Action of Debt Bill Plaint or Information in any of his Majesties Courts of Record the one half to the use of his Majesty the other half to the use of him or them that shall sue for the same Prejudice by charge of annual officers remedied And whereas His Majesties said Revenue setled by the aforesaid Act hath béen much prejudiced by Annual changing of Petty Constables Headboroughs Tythingmen High-Constables and Sheriffs to whom the Collecting and Receipt of His Majesties said Revenue is thereby intrusted Be it therefore Enacted by the Authority aforesaid That the changing of such Annual Officers or leaving of their said Offices shall not excuse or disable any person who shall be Constable Headborough Tythingman High-Constable or Sheriff at the time that any Revenue or Duty shall grow due or payable by the said Act from Collecting Distraining and Receiving respectively such Revenue or Duty so grown due but that every such person in such case is hereby enabled and required to do all things respectively as to such Revenue or Duty so growing due as if he had continued Constable Headborough Tythingman High-Constable or Sheriff Any thing in the said Act to the contrary notwithstanding Penalty for neglecting to distrain receive or pay over the said duty Provided also and be it Enacted by the Authority aforesaid That if any person who by the said or this Act ought to Collect Distrain for Receive or Pay over any the said Revenue shall neglect or refuse to do his duty therein for every wéek he shall neglect or refuse he shall forfeit the sum of Twenty shillings to be recovered in manner and by such person or persons as the aforesaid Forfeitures by this Act are to be recovered All persons may be called in aid to distrain Provided also and be it Declared and Enacted by the Authority aforesaid That in all cases which by this or the aforesaid Act any Petty Constable Headborough or Tythingman may enter into the house of any person or he may distrain the Goods of any person he may call to his aid any two sufficient Inhabitants of the respective Townships or Precincts who are hereby enjoyned to assist him therein Sheriffs appointed Collectors may make their Deputies Provided also and be it Enacted and Declared by the Authority aforesaid That where any Sheriff is by the aforesaid Act appointed to be Collector of any part of the said Revenue that such Sheriff may execute the said place of Collector by such Deputy or Deputies as to him shall séem meet being thereunto appointed under the Great Seal of his Office or under his own hand and seal Any thing in the said Act to the contrary notwithstanding Treasurers and Officers of the Inns of Court Chancery Colledges c. Provided also and be it Enacted by the Authority aforesaid That the respective Treasurers and other Officers of the respective Inns of Court Inns of Chancery Colledges and other Societies chargeable by the aforesaid Act for their Hearths and Stoves shall do all things as the respective Constables by this Act are enjoyned to do under the like Penalties though without any Warrant from the respective Iustices of the Peace And that every Occupier of any House Edifice Lodging or Chamber within any the respective Inns of Court Inns of Chancery Colledges and Societies aforesaid shall do all things and under the like Penalties as are required by this Act of any Occupier of any House Edifice Lodging or Chamber elsewhere Provided always and be it Enacted by the Authority aforesaid Westminster That the High Bayliff of Westminster for the time being or his or their Deputy or Deputies may within the City and Liberties of Westminster from and after the Eight and twentieth day of September next Collect and Levy the said Duty and put in execution all the Powers of the said former Act and this present Act as amply as any Sheriffs who by the said former Act are made Collectors may do within their respective Limits and Iurisdictions appointed to them by the said Act And the said Bailiff for the time being shall be subject to the same Penalties and Duties as the said Sheriffs are and shall receive the same reward and the Sheriff of Middlesex for the time being is discharged from putting in execution the Trust aforesaid in the said City and Liberty of Westminster from the said Eight and twentieth day of September saving onely for the Collecting of such arrears as then shall happen to be And the Constables and Headboroughs and other Officers within the said City and Liberty of Westminster shall deliver unto the said Bailiff Duplicates of all Accounts of Hearths and Stoves and do all other things in such manner as by the said Act they ought to have done unto the said Sheriffs any thing in the said or this Act to the contrary notwithstanding Provided alwayes and be it Enacted by the Authority aforesaid That the Bailiff of the Burrough of Southwark for the time being his Deputy or Deputies may within the said Burrough Southwark and other Liberties of Southwark from and after the Eight and twentieth day of September next Collect and Levy the said Duty and put in execution all the Powers of the said former Act and this present Act as amply as any Sheriffs who by the said former Act are made Collectors may do within their respective Limits and Iurisdictions appointed to them by the said Act and the said Bailiff for the time being shall be subject to the same Penalties and Duties as the said Sheriffs are and shall receive the same reward and the Sheriff of Surrey for the time being is discharged from putting in execution the trust aforesaid in the said Burrough and Liberties of Southwarke from the said Eight and twentieth day of September And the Constables and other Officers within
of Law or Equity wherein no Protection Wager of Law or Essoign shall lie Provided also Proviso for Daniel Oneale Esquire EXP. That nothing herein contained shall make void the Grant made by His Majesty to Daniel Oneale Esquire of the Office of Post-Master-General or general Letter-Office or Post-Office for four years and one quarter of a year from the said Five and twentieth day of March in the year of our Lord One thousand six hundred sixty and thrée under the yearly Rent of One and twenty thousand five hundred pounds for all the said Term Except the last Quarter which is paid aforehand so as the said Rents be paid unto his said Highness James Duke of York and to the Heirs Males of his Body begotten or to be begotten Provided also And it is hereby further Enacted and Declared That it shall and may be lawful for the Kings Majesty His Heirs and Successors at any time or times during the said Estate Tail by Warrant under His Privy-Seal to charge any Sum or several Sums of Money not excéeding in the whole the Sum of Five thousand thrée hundred fourscore and two pounds ten shillings to be paid out of the profits of the Office of Post-Master-General to the which said Sum of Five thousand thrée hundred fourscore and two pounds ten shillings the several Sums and Payments now already charged thereupon do in the whole amount the Grant of which Sums are not to be avoided by this Act And which said Sums of Money not excéeding the said Sum of Five thousand thrée hundred fourscore and two pounds ten shillings to be granted by His Majesty as aforesaid are and shall be by Authority of this Act confirmed and made in full force His Majestie may nominate the Post-Master-General Provided further That the Kings most Excellent Majesty His Heirs and Successors shall have the nomination of the Post-Master-General of the said Post-Office and shall from time to time nominate and appoint such person and persons as he or they shall please to be Post-Master-General of the said Office and may grant the same Office with the Power and Authority thereunto belonging and the said Rates of Portage in the said Act mentioned either for site or term of years not exceeding One and Twenty years to such person or persons as he or they shall think fit under the most improved yearly Rent that can be reasonably had or gotten for the same by the said Duke or the Heirs males of his Body begotten or to be begotten without Fines the said yearly Rent to be reserved and payable to the said Duke and to the Heirs males of His Body begotten or to be begotten and also under such Covenants Conditions and Agréements as the said Duke or the Heirs males of his body begotten or to be begotten shall think fitting Any thing in this present Act contained to the contrary notwithstanding The Duke may joynture any wife in a third part of the Profits Provided alwayes and it is hereby Declared That it shall and may be lawful to and for the said James Duke of York and the Heirs males of his Body begotten and to be begotten to settle any part of the said Premisses not excéeding a Third part of the clear yearly value over and above all Charges and Reprises for a Ioynture for his or their Wife or Wives and also to Lease any other part of the said Premisses for any number of years not excéeding One and Twenty years and not excéeding one other third part of the clear yearly value of the Premisses over and above all other Charges and Reprises in order to raise Portions for his or their younger Children Proviso for the Vniversities Provided also That this Act or any thing therein contained shall not in any wise be prejudicial to the Priviledge of the two Vniversities of this Land or either of them or to the Chancellor or Schollars of the same or their Successors but that they may use and enjoy such Priviledges as heretofore they have lawfully used and enjoyed Any thing herein to the contrary notwithstanding Proviso for the company of Vintners of London Provided also That this Act or any thing therein contained shall not extend or be prejudidicial to the Master Wardens and Fréemen and Commonalty of the Mystery of Vintners of the City of London or to any other City or Town Corporate but that they may use and enjoy such Liberties and Priuiledges as heretofore they have lawfully used and enjoyed Any thing herein contained to the contrary in any wise notwithstanding Provided also And be it Enacted by the Authority aforesaid That this Act or any thing therein contained Proviso for the Borough of St. Albans shall not in any wise extend to debar or hinder the Mayor and Burgesses of the Borough of Saint Albans in the County of Hertford or their Successors from enjoying using and exercising of all such Liberties Powers and Authorities to them heretofore granted by several Letters Patents under the Great Seal of England by Quéen Elizabeth and King James of famous Memories for the Erecting Appointing and Licensing of Thrée several Wine-Taverns within the Borough aforesaid for and towards the maintenance of the Frée-School there but that the same Liberties Powers and Authorities shall be and are hereby established and confirmed and shall remain and continue in and to the said Mayor and Burgesses and their Successors to and for the Charitable use aforesaid and according to the tenour of the Letters Patents aforesaid as though this Act had never béen made Any thing herein contained to the contrary in any wise notwithstanding Proviso for the Vniversity Letters Provided always That all Letters and other things may be sent or conveyed to or from the two Vniversities in manner as heretofore hath béen used Any thing herein to the contrary notwithstanding CAP. XV. The Manufactures of making Linnen Cloth and Tapistry encouraged The inconvenience by importing foreign materials of Linnen and Tapistry Hangings VVHereas vast quantities of Linnen Cloth and other Manufactures of Hemp and Flax and of Tapistry Hangings are daily Imported into this Kingdom from Foreign parts to the great Detriment and Impoverishment thereof the Moneys and quick-stock of this Kingdome being thereby daily exhausted and diminished and the poor thereof unimployed while the Materials for the making of such Hangings are here more plentiful and better and cheaper then in those places from whence they are Imported And Flax and Hemp might be had here in great abundance and very good if by setting up the Manufactures of such Commodities as are made thereof it would be taken off the hands of such as sow and plant the same Encouragement of English Manufactures For the Encouragement therefore of those Manufactures Be it Enacted and it is hereby Enacted by the Kings most Excellent Majesty by and with the Advice and Consent of the Lords Spirituall and Temporall and Commons in this present Parliament Assembled
Annuntiation of the blessed Virgin Mary by even and equal portions an exact and just Account of the numbers of all which Fire-Hearths and Stoves is thereby Enacted to be taken and returned into his Majesties Court of Exchequer And the Moneys and Revenues due and payable for the same to be collected levied and paid to his Majesty by such persons and Officers in manner and form as by the said Acts is prescribed Nevertheless by reason of some defects in the said Act and great negligence of the said Officers and other persons in not returning the exact numbers of the said Fire-Hearths and Stoves and not duly Collecting Levying and paying into his Masties Exchequer the full Revenue due for the numbers returned at the times appointed and by sundry fraudulent practises to elude the said Acts the said Revenue is much diminished and not duly answered For remedy thereof and for the better ascertaining and collecting the said Revenue for the future Be it Enacted by the Kings most Excellent Majesty 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 to and for the Kings Majesty his Heirs and Successors from and after the Four and twentieth day of June One thousand six hundred sixty four from time to time by and with the Advice of the Lord High Treasurer Chancellour Vnder-Treasurer and Barons of the Court of Exchequer for the time being or any thrée of them whereof the Lord High Treasurer or Chancellor of the Exchequer to be one to constitute and appoint such person or persons as his Majesty his Heirs and Successors shall think méet to be the Officer or Officers for the receiving and collecting and answering the duty arising by the said Fire-Hearths and Stoves by vertue of the said several Acts and for viewing and numbring of the several Chimney-hearths and Stoves mentioned in the said Acts and for the inspecting and examining the several Rolls Certificates and Returns thereof made and to be made from time to time into his Majesties Court of Exchequer in pursuance of the said Acts or any other thing belonging to the same which Officers or any of them shall have full power to examine and supervise the Rolls and Numbers of Fire-hearths and Stoves already returned into the said Court of Exchequer And being accompanied with the Constable or the Tithing-man Treasurer Vnder-Treasurer or other publick or proper Officer of the place who are hereby required to attend and assist upon this occasion and in all Parishes and places where there are no Constables Tithingmen or other publick Officer as aforesaid there without any such Assistance to enter in the day time into any dwelling or other House Edifice Lodgings and Chambers aforesaid And to search and examine whether there be any more Fire-hearths and Stoves in the same then were formerly returned or certified and what Fire-hearths or Stoves are increased or decreased since the former Certificate After which search and examination the said Officer with a Constable or Tythingman or Officers as aforesaid shall have liberty to make the like search and examination once every year And if they shall find any variance in the number returned both the Officer or Officers appointed by his Majesty and the Constable or Tythingman or other Officer as aforesaid to certifie the same under his and their hands to the Clerk of the Peace which Certificate they are hereby enjoyned to make And after approbation thereof by the Iustices of the Peace at their Sessions the same to be certified to his Majesties Remembrancer in the Exchequer and the Officer or Officers so appointed by his Majesty unto the same shall from and after the said Four and twentieth day of June One thousand six hundred sixty four have power to collect and levy the Revenue and Duties so given to his Majesty as aforesaid and all arrears of the same And be it further Enacted That the said Duty shall from time to time be paid after the Feast days of Saint Michael the Arch-Angel and the Annuntiation of the Virgin Mary yearly unto such Officer as shall be appointed by vertue of this present Act to receive the same upon demand thereof made by such Officer or his Deputy at the House Chamber or place where the same Duty shall arise or grow due And that in case of refusal or default of such payment thereof by the space of one hour after such demand the said Officer or his Deputy may at any time with the assistance of a Constable Tythingman or other Officer as aforesaid in the day time levy the said Duty and all the Arrearages thereof by distress and sale of the goods of the party or parties so refusing or making default restoring to the party or parties the over-plus of the value of such goods over and above the Duty and Arrearages thereof then behind and over and above the necessary charges of taking such Distress which Charges shall in no case excéed the one moyety of the Duty and Arrearages thereof so levied Provided always and be it Enacted That no Owners Proprietors or Occupiers of the said Fire-hearths or Stoves shall be charged distrained or molested for the said Duty or any Arrearages thereof at any time after the space of two years next after the Duty hereafter shall become due to his Majesty his Heirs or Successors Nor for any arrearages of the said Duty already incurred after the space of two years from the Four and twentieth day of June One thousand six hundred sixty and four And in case of violent opposition or injury done by any person or persons to any such Officer or his Deputy in the due execution of this Act and the same proved by Oath before any one Iustice of the Peace or Chief Magistrate or Magistrates of the City Town or place dwelling near unto the place who are hereby authorized to administer the said Oath It shall and may be lawful to and for such Iustice of the Peaee Magistrate or Magistrates to punish such offender or offenders if he shall find cause by Imprisonment in the common Goal for any time not excéeding the space of one moneth And from and after the said Four and twentieth day of June One thousand six hundred sixty four all Officers formerly appointed to collect the said Duty shall be discharged from the future collecting and levying the same otherwise then as they are directed by this Act And the said Officer and Officers so appointed by his Majesty to collect this Duty shall pay the same into his Majesties Exchequer to the ends in the said former Acts mentioned Provided That no person or persons shall be employed as aforesaid unless he and they shall first give in sufficient Security to his Majesty his Heirs and Successors for the due collecting levying and paying in of the said Revenue or such part thereof as shall be committed to their respective
Trusts and shall likewise take a Corporal Oath before one or more of the Barons of the Exchequer or before such persons as shall be authorised to take such Security and Oath by Commission from the said Court of Exchequer for the due and faithful execution thereof according to the Laws Enacted to that purpose And that they shall not exact or demand any Fée or sum of money for execution thereof from any Subject but onely from the Kings Majesty under pain of being disabled to execute the said Office or Imployment And upon legal Conviction of any such Crime to render treble damage to the party grieved And shall sign and deliver Acquittances for moneys by them received without any Fée or Reward whatsoever And every such Acquittance shall be a final Discharge as in the said first Act is provided And be it further Enacted by the Authority aforesaid That if any person occupying any Hearth or Stove chargeable to his Majesty shall leave or relinquish any House Edifice Lodging or Chamber before any of the half-yearly Feasts whereon the same is appointed to be paid to his Majesty his Heirs and Successors In every such case the next Occupier thereof shall be chargeable with the same for the said half year And if any person shall fraudulently stop up deface cover or conceal any Chimney-Hearth or Stove chargeable by the said Act and the same be proved either by confession of the party or upon Oath before one Iustice of Peace or chief Magistrate or by their view he shall for such offence pay double the value of the Duty for the same to be levied as aforesaid And be it likewise Enacted That if any person within one year last past hath or hereafter shall let the Lands Gardens Orchards or Out-houses formerly belonging to any Dwelling-house or Cottage apart from the same or shall divide any house into several dwellings or let out the same to any such persons who by reason of their poverty may pretend to be exempted from payment of the said Duty by any Clause or Clauses in the former Acts That in every such case such person shall pay the said Duty in as ample manner as they ought to have done before that time And that no person or persons inhabiting any Dwelling-house not being an Alms-house exempted by the former Act within any City Burrough Corporation Market-Town or Parish which hath or shall have in it more than two Chimneys Fire-hearths or Stoves shall be exempted from payment of the Duties thereon imposed by colour of any exemption or pretext whatsoever And if any question or difference shall arise about the taking any Distress or levying any money by vertue of this Act the same shall be heard and finally determined by one or more of the Iustices of the Peace near adjoyning or chief Magistrate of the place respectively upon complaint in that behalf And be it further Enacted That every Collector who shall be authorised and appointed by vertue of this Act to receive any of the said Duties shall truly answer and pay all such moneys as he shall receive for the said Duties into his Majesties Receipt of Exchequer half-yearly within Thrée moneths after the Feast of Saint Michael the Arch-Angel or the Annunciation of the blessed Virgin Mary happening next after the time the same moneys grew due to his Majesty by vertue of the said Acts and under the penalty of the loss of his Office And the Iustices of Peace and chief Magistrates Constables and other his Majesties Officers within their several Limits and Iurisdictions are hereby authorised and required to give assistance from time to time to such Officers as shall be appointed by his Majesty his Heirs and Successors for the collecting of the said Duty according to the true meaning of the said former Acts and this present Act. Provided That no person or persons shall be questioned for any arrears due on or before our Lady day One thousand six hundred sixty four who shall produce to the Collector a Certificate approved or to be approved of by the two next Iustices of Peace for their exemption from the said Duty for that time according to the Rules prescribed in the said first recited Act nor any person who hath truly paid the said Duty and shall if it be required make proof thereof before any one Iustice of Peace or other chief Magistrate of the place Any thing therein contained or any Return made into his Majesties Exchequer to the contrary thereof in any wise notwithstanding Provided also and be it Enacted by the Authority aforesaid That all and every such Officer or Officers as shall be at any time appointed by his Majesty his Heirs and Successors for the collecting gathering and receiving of the several sums of money now or hereafter to grow due unto his Majesty his Heirs and Successors for or in respect of the said Duty arising upon the Fire-hearths and Stoves shall satisfie and pay unto the respective Petty-Constables and Clerks of the Peace of this Kingdom all such allowances as are by any former Act or Acts given and allowed unto them as well for their pains and labour heretofore as hereafter to be taken by them as in and by the former Acts concerning Fire-hearths and Stoves are limited and appointed Any thing in this Act to the contrary notwithstanding CAP. IV. Seditious Conventicles suppressed WHereas an Act made in the Five and thirtieth year of the Reign of our late Soveraign Lady Quéen Elizabeth entituled An Act to retain the Queens Majesties Subjects in their due Obedience 35 El. cap. 1. declared to be in force hath not béen put in due Execution by reason of some doubt of late made whether the said Act be still in force although it be very clear and evident And it is hereby Declared That the said Act is still in force and ought to be put in due execution For providing therefore of further and more spéedy remedies against the growing and dangerous practises of Seditious Sectaries Further remedy against Seditious Sectaries and other disloyal persons who under pretence of Tender Consciences do at their Méetings contrive Insurrections as late Experience hath shewed Be it Enacted by the Kings most Excellent Majesty by and with the Advice and Consent of the Lords Spiritual and Temporal and Commons in this present Parliament assembled and by the Authority of the same That if any person of the age of Sixtéen years or upwards being a Subject of this Realm at any time after the first day of July which shall be in the year of our Lord One thousand six hundred sixty and four shall be present at any Assembly Conventicle or Méeting Vnlawful Conventicles and Meetings under pretence of exercise of Religion forbidden under colour or pretence of any exercise of Religion in other manner then is allowed by the Liturgy or practice of the Church of England in any place within the Kingdom of England Dominion of Wales and Town of Berwick
and their heirs and successors respectively by and according to his and their tenures estate title and interest which he or they had in the Mannors Lands or Tenements for or in respect of which he or they claimed or inclosed the said quantity or quantities of the said Wastes as abovesaid Provided always and be it Enacted by the Authority aforesaid That the said Commissioners and every of them before he or they take upon him or them the execution of any the Powers or Authorities hereby given them other then the administring the Oath following to one another which they shall have Authority by this present Act to administer to one another shall take the Oath following viz. The oath to be taken by Commissioners I A. B. am not interessed in possession reversion or remainder of in or to the said Fens or any part thereof And shall and will without favour or affection hatred or malice truly and impartially according to the best of my skill and knowledg execute and perform all and every the Powers and Authorities in me established by this Act of Parliament Which Oath any one of the said Commissioners are hereby authorised to administer The places of the Commissioners â—â—tting And that the places where the said Commissioners shall sit to hear order and determine the matters referred to them by this Act shall be at the Towns of Stamford Market-Deeping or Spalding in the said County of Lincoln And the said Commissioners or any seven or more of them are hereby directed by Warrant under their hands and seals to declare the places and times of their méeting The same Warrant to be published in open Market in the said Towns of Stamford Market-Deeping and Spalding betwéen the hours of twelve and two upon some Market-day one and twenty dayes at least before the said time or times of méeting to the end all persons concerned may have sufficient time and notice to attend And shall have power and Authority by Warrant under the hands and seals of any thrée or more of them Their power and manner of proceeding to summon parties and witnesses to appear before them And in case any controversy or difference shall happen to arise betwéen or amongst the said Commissioners before any Iudgment or Determination given by them in the premisses touching or concerning the exposition of the words of this Act or the powers or authorities thereby to them given Then the Lord Chief Iustice of the Kings Bench the Lord Chief Iustice of the Common-Pleas and the Lord Chief Baron of his Majesties Court of Exchequer for the time being are hereby constituted and established a Iudicature and they or any two of them are hereby authorized to hear adjudg and determine such controversies and differences And their Iudgment or determination thereof certified under their hands seals shall be observed and shall be likewise certified together with the Iudgments and determinations of the said Commissioners into the Petty-bag there to be kept on Record as aforesaid CAP. XII The River Avon to be made Navigable from Christ-Church to the City of New-Sarum WHereas the making Navigable and passable with Barges Boats Lighters and other Vessels the River Avon in the Counties of Wilts and Southampton from the Town of Christ-Church in the said County of Southampton to the City of New-Sarum in the said County of VVilts And if néed require the making of a new Haven may with Gods blessing be of great advantage and benefit not only to the said Counties but also to the Publick by import and export of Commodities and increase of Commerce and Trade and of able Seamen and Watermen and most profitable and necessary for the said City of New-Sarum for the conveyance thereby of Fewel and other necessaries to the said City whereof there is now great scarcity and far greater is like to grow if some help therefore be not provided besides the extraordinary preservation of the High-ways in and near the said City and County Commissioners how to be appointed for making the river Avon navigable Be it therefore Enacted by the Kings Majesty by and with the advice and consent of the Lords Spiritual and Temporal and Commons in this present Parliament assembled and by the Authority of the same That the Lord Chancellor or Lord Kéeper of the Great Seal of England for the time being at any time after the end of this present Session of Parliament shall and may nominate appoint and authorize by Commission under the Great Seal of England such person or persons Bodies Politick and Corporate as to him shall séem fit and are willing to undertake the making Navigable the said River of Avon from the said Town of Christ-Church to the said City of New-Sarum And to make a new Haven if néed require for Ships and Vessels near the said Town of Christ-Church Which said Vndertakers so nominated and appointed as aforesaid are hereby authorized and shall have full power and authority by this present Act to make Navigable or passable by Barges Boats Lighters or other Vessels the said River of Avon from the said Town of Christ-Church to the City of New-Sarum aforesaid And for that purpose to cleanse scour and open the same and to cut or dig the Banks of the same and to take away or remove all Wears or other Impediments that may hinder Navigation either in sailing or haling of Boats with Horses Men or otherwise to amend or alter such Bridges and High-ways as may hinder the said Passages and Navigation and to open prepare and make all Wears Sasses Locks and Turn-pikes fit for the said Passage And likewise to cleanse scour open or cut and dig the Banks of any other Stream Brook Ditch or Water-course that shall to them séem convenient for the better making the said River Navigable and passable for Boats Barges Lighters and other Vessels And likewise to make and erect any Wharfs Sasses Locks Turnpikes or pens for Water in or near the said River or Passage that shall be fit or necessary for the same and to bring lay and work all Materials requisite for the making erecting and repairing of the said Locks or Turnpikes upon the said River or Passage and to cut such and so many new Channels and Trenches as to them shall séem convenient for altering the course of the said River of Avon in bringing the same to the City of New-Sarum as aforesaid as also for the bringing in any other River or Water-course into the said River and to do all other things necessary and convenient for the said River and Passages new Channels Wharfs Sasses Locks Wears Turnpikes Penns for Water and the said Bridges Ways and Passages and for the altering repairing kéeping using and amending of the same or any of them or any part of them from time to time hereafter as oft as néed shall require and also if néed require to make a commodious Haven and Port near the said Town of Christ-Church for the Entry
of Mountgomery Two hundred and nine pounds six shillings six pence The County of Pembroke the sum of Two hundred forty seven pounds one shilling seven pence thrée farthings The County of Radnor the sum of One hundred thirty one pounds eightéen shillings six pence thrée farthings The Town of Haverford-West the sum of Eleven pound nine shillings seven pence And be it further Enacted by the Authority aforesaid Commissioners named in the former Act shall have the same power for executing this Act. That all and every the persons who are nominated in and by the said former Act to be Commissioners of and for the several and respective Counties Cities Burroughs Towns and Places therein mentioned shall likewise be and so are hereby appointed to be Commissioners for execution of this present Act within the said several and respective Counties Cities Burroughs Towns and places for which they were nominated in the aforesaid Act and shall have and execute the like Powers and Authorities Rules and Directions touching the better Assessing Collecting Levying Receiving and Paying the said Fifty two thousand fourscore and thrée pounds six shillings and eight pence by the Moneth during the said Twenty four moneths as in and by the aforesaid Act were given to the said Commissioners touching the better Assessing Collecting Levying Receiving and Paying the said Thréescore and eight thousand eight hundred and ninetéen pounds and nine shillings by the Moneth payable as aforesaid And all and every person or persons who shall be liable unto or any ways concerned or imployed in the Assessing Collecting Levying Receiving or Paying any of the moneys by this Act imposed shall have like Benefits Advantages and Discharges and shall be subject to like Penalties and Forfeitures in case of any neglect or refusal to pay their respective Assessments or to perform their respective Duties as any other person or persons liable unto or concerned or imployed in the Assessing Collecting Levying Receiving or Paying any of the moneys by the said former Act imposed or to have or be subject unto as fully and amply as if the same Clauses Matters and Things had béen in this Act particularly repeated and Enacted To the end that the Monethly Assessments which will remain due and payable by vertue of the said former Act and the monethly Additions thereunto made by vertue of this present Act may be duly answered and paid in as aforesaid The first meeting 8. Jan. And be it further Enacted That the several Commissioners shall meet together at the most usual and common place of meeting as in the said Act is directed on or before the Tenth day of January next to put this Act and the said former Act in execution according to the best of their Iudgments and Discretions and shall then if they see cause subdivide themselves as by the said Act is further directed concerning the said former Assessment And further That they meet at least three Weeks before each Quarterly Payment of the said several Assessments for the purposes aforesaid And that the said Eight Quarterly Payments of Fifty two thousand fourscore and three pounds six shillings eight pence by the Moneth amounting in each Quarter to the sum of One hundred fifty six thousand two hundred and fifty pounds shall be Assessed Collected Levied and paid to the Receivers of the several Counties appointed or that shall be appointed by His Majesty and by them answered and paid into His Majesties Exchequer on the days and times mentioned and expressed in the said Act for payment of the said first Assessment Moneys lent to his Majesty or Wares how to be secured 18 Car. 2. cap. 1. And to the intent that all money to be lent to Your Majesty and moneys that shall be due upon such Contracts for Wares and Goods which shall be delivered for this service may be well and sufficiently secured out of the moneys arising and payable by this Act Be it further Enacted by the Authority aforesaid That there be provided and kept in His Majesties Exchequer to wit in the Office of the Auditor of the Receipt one Book or Register in which Book or Register all moneys that shall be paid into the Exchequer by this Act shall be entred and registred apart and distinct from the moneys paid or payable to Your Majesty on the before mentioned Act and from all other moneys or Branches of Your Majesties Revenue whatsoever And that also there be one other Book or Registry provided or kept in the said Office of all Orders and Warrants to be made by the Lord Treasurer and Vnder-Treasurer or by the Commissioners of the Treasury for the time being for payment of all and every Sum and Sums of money to all persons for Moneys lent Wares or Goods bought or other payments directed by His Majesty relating to the service of His War And that no moneys leviable by this Act be issued out of the Exchequer during this War but by such Order or Warrant mentioning that the Moneys payable by such Order or Warrant are for the service of Your Majesty in the said War respectively That also there be the like Book or Register provided and kept by the said Auditor of all moneys paid out or issued by vertue of such Orders and Warrants That it shall be lawful for any person or persons willing to lend any money or to furnish any Wares Victuals Necessaries or Goods on the Credit of this Act at the usual times when the Exchequer is open to have access unto and view and peruse all or any of the said Books for their Information of the state of those moneys and all Ingagements upon them for their better Encouragement to lend any moneys or furnish any Goods or Wares as aforesaid And that the respective Officers and their Deputies and Clerks in whose custody such Books be or shall be shall be assistant to such persons for their better and speedier satisfaction in that behalf That all and every person and persons who shall lend any moneys to Your Majesty and pay the same into the Receipt of the Exchequer shall immediately have a Tally of Loan struck for the same and an Order for his repayment bearing the same Date with his Tally in which Order shall be also a Warrant contained for payment of Interest for forbearance after the Rate of six per Cent. per annum for his consideration to be paid every six moneths until the repayment of his Principal And that all person and persons who shall furnish Your Majesty Your Officers of the Navy or Ordnance with any Wares Goods Victuals or other Necessaries for the service aforesaid shall upon Certificate of the Commissioners and Officers of the Navy or of the Master or Commissioners and Officers of the Ordnance or some of them without delay forthwith have made out to them Warrants or Orders for the payment of the moneys due or payable unto them which Certificates the said Officers of Your Navy Commissioners and Officers of the
shillings Canon Prebendary Every person of the Degrée of a Canon or Prebendary of any Cathedral or Collegiate Church excepting such sole Prebendary who is a sole Corporation and his Prebend not Rated in the Exchequer at above Thirty pounds Doctor of Divinity Law Physick shall pay the sum of Fifty shillings Every person of the Degrée of a Doctor in Divinity Law or Physick shall pay the sum of Five pounds Doctors of Divinity not beneficed Provided always That no Doctor of Divinity not having any Benefice or Ecclesiastical preferment shall be charged for his Title or Dignity of Doctor by vertue of this Act nor the Widow of any Ecclesiastical person shall be charged for the third part according to the Title or Dignity of her late Husband And be it further Enacted by the Authority aforesaid That for the better Assessing Ordering and Levying of the several sums of money so as aforesaid limited and appointed to be paid and for the more effectual putting of this present Act in execution such persons shall by vertue of this Act be Commissioners for the several and respective Counties Who shall be Commissioners to execute this Act. Cities Boroughs Towns and Places within the Kingdom of England Dominion of Wales and Town of Berwick upon Tweed as are nominated and appointed Commissioners for putting in execution the Powers in a former Act of this Parliament 16 17 Car. 2. cap. 1. entituled An Act for granting a Royal Ayd unto the Kings Majesty of Twenty four hundred threescore and seventeen thousand and five hundred pounds to be raised levied and paid in the space of Three years And be it further Declared and Enacted by the Authority aforesaid That these persons hereafter named shall be added Commissioners for the several Counties Places and Precincts respectively and shall exercise the same power as if they had béen named in the said former Act Viz. Bedford For the County of Bedford Villiers Charnock Humphrey Monox John Beecher Thomas Daniel John Gardiner Esquires _____ Horne Peter Harman Gent. Berks. For the County of Berks Sir William Craven Knight John Kingsmill Esquire John Withwick Edward Keat Charles Fettiplace William Bowles senior Esquires John Munday William Packer Richard House Gent. _____ Gilly Esquire Hugh Barker Doctor of Physick Bucks For the County of Bucks Sir Charles Clever Knight Sir Timothy Tyrrel Knight and Baronet Sir Frederick Hyde Thomas Catesby Edward Stafford Esquires Matthew Archdel Gent Sir John Busby For the Town of Buckingham George Robbins Cambridge For the County of Cambridge Sir John Jacob Baronet Sir Ralph Bovey Baronet Roger Pepys Esq Gerrard Russel Esq For the Town of Cambridge Rowland Simpson Alderman Ely For the Isle of Ely William Legat Anthony Fisher Peter Diamond Esquires Chester For the City and County of the City of Chester Thomas Cooper Alderman Edward Bradshaw Esq Richard Burd Alderman Richard Minshal Richard Taylor John Poolie Robert Harvy Aldermen Cornwall For the County of Cornwall John Trelawney of Trelawen Thomas Vivian John Moulesworth Esquires William Inch Abel French Nicholas Trebarfoot Edward Herle Edward Hoblin Nicholas Herle Walter Leech George Spry William Bond Thomas Dodson Iohn Arundel Iohn Tregygle William Thomas Anthony Tanner John Barret Thomas Penhallow Iohn Tamlin Iohn Verman Richard Williams Iohn Williams Esquires William Kegwin Henry Edwards Arthur Painter Gent. Cumberland For the County of Cumberland John Warwick Richard Lamplugh Miles Penington Joseph Patrickson Iohn Senhouse William Orphaur Ferdinando Hudleston Leonard Dykes Hugh Ascue Richard Patrickson John Punsonbee Esquires Devon For the County of Devon Christopher Lord Torington Richard Duke Gydeon Heydon Richard Lee Richard Hillersdon Samuel Roll Arthur Ashford John Bluet William Bragg Matthew Halls Edmund Parker John Mallet Esquires Sir Iohn Stowel Iohn Chichester Esquire Exon. For the City and County of Exon John Mallet Esquire Doctor Edward Masters Chancellor of the Diocess Eustace Budgell Gent. Derby For the County of Derby George Savile Robert Ashton John Gell Iohn Low Iohn Du◠Esquires Andrew Clayton Robert Moore Gent. Richard Merchant Alderman Edward Abney Esquire Dorset For the County of Dorset Robert Cullyford William Frampton Robert Williams Henry Henly junior Humphrey Weld Esquires the High Sheriff for the time being Iohn Ellesdon Salomon Andrews Iohn Gallop Gentlemen Pool For the Town and County of Pool the Mayor for the time being William Okeden Allen Skutt Gentlemen Durham For the County Palatine of Durham Sir George Fletcher Baronet Robert Shaftoe Humphrey Wharton Thomas Craddock Christopher Saunderson John Jeffreyson Esquires Robert Newhouse Edward Arden Gent. Essex For the County of Essex Sir John Archer one of the Iustices of the Common Pleas Philip Saltenston Thomas Cullum Esquires Timothy Midleton Esq Sir James Russet Edward Shelton Francis Mildmay Colchester For the Town of Colchester Sir Harbotle Grimstone Baronet Master of the Rolls John Eldred senior Iohn Eldred junior Esquires Harwich For the Town of Harwich and Dover-Court the Mayor for the time being Sir Cappel Luckin Knight and Baronet Iohn Eldred junior Esquire Mr. George Coleman Daniel Smith Captain Hunter Alderman Sack Samuel Newton Alderman Robinson Alderman Garriot Alderman Hawks Gloucester For the County of Gloucester Sir John Treacy Sir William Juckson Sir Iohn Newton Baronets Sir Francis Fane Knight of the Bath Sir Iohn Poynts Knight John Merideth Iohn Vaughan Thomas Carpender William Oldesworth John Browning Thomas Veel of Simons Hall Edward Smith George Brett Roger Lingan Robert Loggin Esquires VVilliam Hancock Conway Whitton Thomas Smith Richard Jones of Hanham Thomas Wise Richard Hart Gent. City of Gloucester For the City and County of the City of Gloucester Sir Bainham Throckmorton Knight and Baronet Mr. Thomas Aram Merchant Mr. Iohn Marston Colonel Richard Atkins William Cook Esquire Hereford For the County of Hereford James Pitts Francis Pember of Elsdon Robert Minors of Treagoe Edward Scrimshaw Iohn Bridge of Priors-Court Esquires John Burch of Garnston Iohn Curver of Upton Henry Milbourne William Driver Gilbert Hare Gent. City of Hereford Bridstock Herford Esquire Humphrey Diggs Humphrey Howarth James Wellington Gent. Hertford For the County of Hertford Sir Thomas Brograve Sir Robert Joscelyne Baronets Sir John Witterong Knight and Baronet Sir Charles Cleaver Knight Robert Dicer Iohn Cesar Ralph Radcliffe Francis Shalcross Edward Chester Thomas Tooke Esquires Richard Taverner King of Hempstead Joseph Edmonds Charles Cesar George Nodes George Poyner Joseph Hatch Charles Crouch Thomas James Iohn Dagnoll Gentlemen VVilliam Glascock Esquire Saint Albons For the Burrough of Saint Albans Joshua Lomax Edward Crosby Thomas Rotheram William Rugg William Rance Aldermen Iohn Dogget Huntington For the County of Huntington Sir Iames Beverly Iohn Dryden Anthony Hammon Major Dean of Godmanchester Kent For the County of Kent Sir Thomas Monins Sir Thomas Peirse Baronets Sir Iohn Shaw Knight and Baronet Sir Nicholas Strode Knight Edward Master Elwin VVyat William VViseman Esquires The Mayor of Maidstone for the time being Canterbury For the City and County of Canterbury William
aforesaid And upon due Examination or knowledge thereof abate defalk increase or inlarge the said Assessment And the same so abated increased or inlarged shall be Estreated by them into the Exchequer in manner aforesaid And to that end the said Commissioners are hereby required to méet together for the Determining of such Complaints and Appeals accordingly And be it further Enacted That every person rated for his Office shall be rated In what places Persons shall be rated for Offices or otherwise and pay for his said Office in the place where the said Office is executed And every person to be otherwise rated shall be rated and the sum or sums on him or her set and levied at such places where he or she and with his or her Family shall be resident at the time of the execution of this Act And that all persons not being Housholders nor having a certain place of above and all Servants shall be Taxed at the place where they are resident at the time of the execution of this Act thrée moneths before the execution of this Act. Provided always That if any person having several Mansion-houses or places of Residence Persons doubly charged may be discharged upon Certificate shall be doubly charged by vertue of this Act That upon Certificate made by two or more of the Commissioners for the County City or place which Certificate the said Commissioners are required to give without delay Fée or Reward of his or their last personal Resiâ—ence under their Hands and Seals of the sum or sums there charged upon him or them and in what capacity or respect he or they were so charged and upon Oath made of such Certificate before the Commissioners to whom such Certificate shall be tendred which Oath the said Commissioners are hereby authorized to administer Then the person and persons so doubly charged shall for so much as shall be so certified be discharged in every other County City or place And if any person at the time of the Assessing shall be out of the Realm such person shall be rated where such person was last abiding within the Realm Persons changing their dwelling by fraud to avoid the Tax And if any person that ought to be Taxed by vertue of this Act by changing his place of residence or by fraud or covin shall escape from the Taxation and not be Taxed and the same proved before the Commissioners or two of them or two Iustices of the Peace of the County where such person dwelleth or is resident at any time within Six moneths next ensuing after such Tax made Every person that shall so escape from the said Taxation and payment shall be charged Penalty upon proof thereof at the double value of so much as he should or ought to have béen Taxed by the Act The said double value upon Certificate thereof made into the Exchequer by the Commissioners or Iustices before whom such proof shall be made to be Levied of the Goods Lands and Tenements of such persons towards the Supply aforesaid And be it further Enacted That the Commissioners which shall be within any County or Place within their respective limits or the major part of them Commissioners to taxe one another shall Tax and Assess every other Commissioner joyned with them and the Commissioners within their Division shall Assess every Assessor within their Division And as well all sums upon every the said Commissioners and Assessors as the Assessments made and presented by the Presenters as aforesaid shall be Written Estreated Levied and Gathered as it should and ought to have béen as if the said Commissioners had not béen named Commissioners Provided always and it is hereby declared Decrâ— That the several Rates and Taxes to which the Lords and Péers of this Realm shall be liable by vertue of this Act shall be received by a Collector to be nominated by the Péers which said Collector shall cause the same to be paid into His Majesties Receipt of Exchequer at Westminster upon or before the aforesaid thirtieth day of April Provided That this Act shall not extend to the Inhabitants of Scotland Ireland Scotland Ireland Jersey Guernsey Jersey or Guernsey for or concerning any such personal Estate as aforesaid which they or any other to their use have within the places aforesaid And be it further Enacted by the Authority aforesaid That the respective Treasurers of His Majesties Navy and Ordnance are hereby authorized and required to take and retain unto themselves Allowances to the Treasurers of the Navy and such as shall be respectively imployed by and under them One peny in the pound and no more out of the moneys raised by vertue of this Act and paid unto and issued out by them to any person or persons in pursuance thereof to be allowed unto them in their respective Accompts And be it further Enacted That if any Assessor Collector Receiver or other person appointed by the Commissioners shall wilfully neglect or refuse to perform his Duty in the due and spéedy Execution of this present Act The said respective Commissioners Assessors Collectors or Receivers neglecting their duties or any thrée or more of them may and shall by vertue of this Act impose on such person or persons so refusing or neglecting their Duties any Fine not excéeding the sum of Twenty pounds for any one offence the same to be Levied and Certified as aforesaid into His Majesties Court of Exchequer Penalty and charged upon the respective Receiver-general amongst the rest of the Rates aforesaid and the said Commissioners or any two or more of them may or shall from time to time call for and require an Accompt from the respective Receiver-general of all the Moneys received by him of the said Head-collectors and of the payment thereof into His Majesties Receipt of Exchequer according to the direction of this Act And in case of any failer in the premisses the said Commissioners or any two or more of them are hereby required to cause the same to be forthwith levied and paid according to the true intent and meaning of this Act. And in case of any controversie arising betwéen the said Commissioners concerning the said Rates or Assessments the Commissioners that shall be concerned therein shall have no voice but shall withdraw during the debate of such controversie until it be determined by the rest of the Commissioners And all questions and differences that shall arise touching any of the said Rates Taxes Assessments or Levies shall be heard and finally determined by two or more of the Commissioners upon complaint thereof to them made by any person or persons thereby grieved without further trouble or Suit in Law Controversies and questions about the rates how to be determined And the said Receiver-general shall give Acquittances gratis to the said Head-collectors for all moneys of them received and the said Head-collectors shall also give Acquittances gratis to the Sub-collectors for all such
upon this Act may be Assigned over And be it further Enacted by the Authority aforesaid That every person or persons to whom any moneys shall be due by vertue of this Act after Warrant or Order entred in the Book of Register aforesaid for payment thereof his Executors Administrators or Assigns by Indorsement of his Order or Warrant may assign and transfer his Right Title Interest and Benefit of such Warrant or Order or any part thereof to any other which being notified in the Office of the Auditor of the Receipt aforesaid and an entry and memorial thereof also made in the Book of Registry aforesaid for Warrants which the Officers shall on request without Fée or charge accordingly make shall intitle such Assignée his Executors Administrators and Assigns to the benefit thereof and payment thereon And such Assignée may in like manner Assign again and so Toties quoties and afterwards it shall not be in the power of such person or persons who have made such Assignments to make void release or discharge the same or any the moneys thereby due or any part thereof Persons sued for executing this Act may plead the general issue And be it further Enacted by the Authority aforesaid That if any Action Plaint Suit or Information shall be commenced or prosecuted against any person or persons for what he or they shall do in pursuance or in execution of this Act such person or persons so sued in any Court whatsoever shall or may plead the general Issue Not guilty and upon any Issue joyned may give this Act and the special matter in Evidence And if the Plaintiff or Prosecutor shall become Nonsuit or forbear further prosecution or suffer Discontinuance or if a Verdict pass against him the Defendant and Defendants shall recover their treble Costs for which they shall have the like remedy as in any Case where Costs by the Law are given to Defendants CAP. II. Cattel may not be imported from Ireland and other parts beyond the Seas nor Fish taken by Foreigners WHereas by an Act of this present Parliament entituled An Act for the Encouragement of Trade amongst other things some Provision was made for the preventing of coming in of vast Numbers of Cattel 1◠Car. 2. cap. 5. Stat. 3. whereby the Rents and Values of the Land of this Kingdome were much fallen and like dayly to fall more to the great Prejudice Detriment and Impoverishment of this Kingdom which nevertheless hath by experience béen found to be ineffectual and the continuance of any Importation either of the Lean or Fat Cattel dead or alive herein after specified not onely Vnnecessary but very Destructive to the welfare of this Kingdome Be it therefore Enacted by the Kings most Excellent Majesty by and with the Advice and Consent of the Lords Spiritual and Temporal and Commons in this present Parliament Assembled That such Importation from and after the second day of February Importation of Cattel a common Nusance in this present year One thousand six hundred sixty and six is a publick and common Nusance and shall be so adjudged déemed and taken to be to all intents and purposes whatsoever And that if any great Cattel Shéep or Swine or any Béef Pork or Bacon except for the necessary Provision of the respective Ships or Vessels in which the same shall be brought not exposing the same or any part thereof to Sale shall from and after the said second day of February by any wise whatsoever be Imported or brought from beyond Seas into this Kingdom of England Dominion of Wales or Town of Berwick upon Tweed That then it shall and may be lawful for any Constable The Penalty Tything-man Headborough Church-wardens or Overséers of the Poor or any of them within their respective Liberties Parishes or Places to take and seize the same and kéep the same during the space of Eight and fourty hours in some publick or convenient place where such Seizure shall be made within which time if the Owner or Owners or any for them or him shall make it appear unto some Iustice of the Peace of the same County where the same shall be so seized by the Oath of two credible Witnesses which Oath the said Iustice of Peace is hereby impowred and required to administer That the same were not Imported from Ireland or from any other place beyond the Seas not herein after Excepted after the said second day of February Then the same upon the Warrant of such Iustice of Peace shall be delivered without delay But in default of such Proof and Warrant then the same to be forfeited One half thereof to be disposed to the use of the Poor of the Parish where the same shall be so found or seized the other half to be to his or their own use that shall so seize the same And for the better encouragement of the Fishery of this Kingdom Be it further Enacted by the Authority aforesaid That if any Ling Herring Cod or Pilchard fresh or salted Encouragement of Fishery dryed or bloated or any Salmons Eels or Congers taken by any Foreigners Aliens to this Kingdom shall be Imported uttered sold or exposed to sale in this Kingdom That then it shall and may be lawful for any person or persons to take and seize the same The one half thereof to be disposed of to the use of the Poor of the Parish where the same shall be so found or seized the other half to his or their own use which shall so seize the same Provided always That nothing in this Act shall be construed to hinder the Importation of Cattel from the Isle of Man in this Kingdom of England Isle of Man so as the number of the said Cattel do not excéed Six hundred Head yearly And that they be not of any other Bréed then of the Bréed of the Isle of Man And that they be landed at the Port of Chester or some of the Members thereof and not elsewhere This Act to continue until the end of Seven years and from thence to the end of the First Session of the next Parliament CAP. III. A former Act for preventing of Theft and Rapine upon the Northern Borders of England Continued WHereas an Act was made in the Fourtéenth year of the Reign of our Soveraign Lord the King that now is entituled 14 Car. 2. cap. 22. An Act for preventing of Theft and Rapine upon the Northern Borders of England which Act is very near expiring and hath béen found very necessary for the preservation of those places from that great number of Lewd Disorderly and Lawless persons that usually frequented thereabouts Be it therefore Enacted by the Kings most Excellent Majesty by and with the Advice and Consent of the Lords Spiritual and Temporal and Commons in this present Parliament Assembled That the said Act and every Clause and Clauses therein contained and all and every the Powers and Authorities thereby given be continue and remain
Patents Indentures or other Writings under his great Seal of England or Seal of the Court of Exchequer of any Manors Lands Tenements or Hereditaments parcel of the possessions of the said Dutchy of Cornwall or annexed to the same shall be good and effectual in Law according to the purport and content of the said Leases against our said Soveraign Lord the Kings Maiesty his Heirs and Successors and against all and every person or persons that shall hereafter have inherit or enjoy the said Dukedom of Cornwall by force of any Act of Parliament or other limitation whatsoever Except they be made for above 3â— years or 3 lives c. Provided alwayes That every such Lease so to be made of any Manors Lands Tenements or Hereditaments in possession shall be made but for thrée Lives or fewer or for one and thirty years or under or some other tearm of years determinable upon one two or thrée lives and not above And if such Leases be made in reversion That then the same together with the Estates in possession do not excéed thrée Lives or the terme of one and thirty years and not in any wise dispunishable of waste The ancient Rent to be reserved and if none anciently a reasonable Rent And so as upon every such Lease shall be reserved the ancient or most usual rent or such rent as hath béen yielded or payed for the greater part of twenty years next before the making of the said Leases and shall be reserved due and payable by or to him or her that shall have the Inheritance or other Estate of the said Manors Lands Tenements or Hereditaments And where no such rent hath béen reserved or payable that then upon every such Lease there shall be reserved a reasonable rent not being under the twentieth part of the clear yearly value of the Manors Lands Tenements or Hereditaments contained in such Lease All covenants c. contained in such Leases shall be good And be it further Ordained and Enacted by Authority of this present Parliament That all Covenants Conditions and Reservations and other Agréements contained in every Lease so to be made as aforesaid shall be good and effectual in Law according to the words and contents of the same as well for and against them to whom the reversion of the same Manors Lands Tenements or Hereditaments shall come as for and against them to whom the said Leases shall come respectively As if our said Soveraign Lord the Kings Majesty at the time of the making of such Covenants Conditions and Reservations and other Agréements were seized of an absolute and indefeizible Estate in Fée-simple in the same Manors Lands Tenements or Hereditaments Saving always to all and every person and persons The right of others saved bodies Politick and Corporate their heirs and successors executors administrators and assigns other then our said Soveraign Lord the Kings Majestie and his Heirs and all and every person and persons that shall hereafter have inherit or enjoy the said Dukedom of Cornwall by force of any Act of Parliament or other limitation whatsoever all such rights titles estates customs interests terms claims and demands whatsoever of what kind nature or quality soever of in to or out of the said Manors Lands Tenements or Hereditaments or any of them as they or any of them had or ought to have had before the making of this Act to all intents and purposes and in as large and ample manner and form as if this Act had never béen had or made This Act or any thing therein contained to the contrary notwithstanding CHAP. III. An Act for the Ease in obtaining of Licenses of Alienation and in the Pleading of Alienations with Licence or of Pardons of Alienations without Licence in the Court of Exchequer or elsewhere Stat. 12. Car. 2. cap. 24. All Fines Seizures and Pardons for Alienations and all incidents thereunto are taken away and discharged CHAP. IV. Forreigners as well as Inhabitants shall not be permitted to tipple in Inns Ale-houses c. 21 Jac. 5. WHereas in the last Parliament it was Enacted That if any person or persons whatsoever his or their haâ—itation or abiding be should after be found upon view or his own confession or proof of one witness to be tippling in any Inn Ale-house or Victualling-house 1 Jac. 5. 4 Jac. 5. such person or persons should be thenceforth adjudged and construed to be within the Statutes of the first and fourth years of the late Kings Majesties reign King James of famous memory The one intituled An Act to restrain the inordinate haunting of tippling in Inns Ale-houses and other Victualling-houses And the other intituled An Act to repress the odious and loathsom sin of Drunkenness as if he or they had inhabited and dwelled in the City Town Corporate Market town Village or Hamlet where the Inn Alehouse or Victualling-house was or should be where he or they should be so found tippling should incur the like penalty and the same to be in such sort levied and disposed as in the said Act is expressed concerning such as there inhabit but no punishment by any or either the said Acts or by any other Statute is inflicted upon the Inn-kéeper Alehouse-kéeper or Victualler that permits or suffers such person or persons not there inhabiting to tipple in his Inn Ale-house or Victualling-house The Inn-keeper c. that permits a forreigner to tipple in his house shall â—â—eâ—r the penalty provided by 2 Jac. â— For remedy whereof Be it Enacted That every Inn-kéeper Alehouse-kéeper and other Victualler that at any time after the end of this Session of Parliament shall permit and suffer any person or persons not inhabiting in the City Town Corporate Market town Village or Hamlet where such Inn Alehouse or Victualling-house is or shall be to tipple in the said Inn Alehouse or Victualling-house contrary to the true intent of any or either of the said former Statutes the said Inn-kéeper Alehouse-kéeper and Victualler so offending shall incur the same penalty and in such manner to be proved levied and disposed as in the former Statute of the first year of his said late Majesties reign is appointed for permitting such to tipple as dwell in the same City Town corporate Market town Village or Hamlet And be it further enacted That the kéepers of Taverns Vintners and Victuallers to be within this and the other Statutes and such as do sell Wine in their houses and do also kéep Inns or Victualling in their houses shall be taken to be within the said two former Statutes and also within this Statute CAP. V. Three entire Subsidies granted by the Spiritualty EXP. CAP. VI. Two entire Subsidies granted by the Temporalty EXP. CAP. VII This Session of Parliament by reason of the encrease of the Sickness and other inconveniencies of the season requiring a speedy Adjournment nevertheless shall not determine by his Majesties Royal assent to this and some other Acts. EXP. ANd
all Statutes and Acts of Parliament Acts that are to have continuance shall remain in foâ—ce which are to have continuance unto the end of this present Session shall be of full force after the said Adjournment until this present Session be fully ended and determined And if this Session shall determine by dissolution of this present Parliament then all the Acts aforesaid shall be continued until the end of the first Session of the next Parliament And all Statutes and Acts of Parliament When the Acts which are now to pass shall take effect which before the said Adjournment shall pass by his Majesties royal Assent shall be put in execution immediately after forty dayes after the said Adjournment notwithstanding that by the words or letter of the said Acts or any of them they be limited to take effect or be put in execution from or at any time after the end of this present Session Anno Reg. Caroli Regis Angliae Scotiae Franciae Hiberniae Tertio AT the Parliament began at Westminster the Seventeenth day of March Anno Dom. 1627. in the Third year of the Reign of our most gracious Soveraign Lord CHARLES by the grace of God of England Scotland France and Ireland King Defender of the Faith c. And there continued until the Twenty sixth day of June following and then prorogued unto the twentieth day of October next ensuing To the high pleasure of Almighty God and to the weal publick of this Realm were enacted as followeth A Declaration of divers Rights and Liberties of the People to the Kings most Excellent Majesty HVmbly shew unto our Soveraign Lord the King the Lords Spiritual and Temporal The Petition of Right and Commons in Parliament assembled That whereas it is declared and Enacted by a Statute made in the time of the Reign of King Edward the First 34 Ed. 1. commonly called Statutum de Tallagio non concedendo That no Tallage or Aid shall be laid or levied by the King or his Heirs in this Realm without the good will and assent of the Archbishops Bishops Earls Barons Knights Burgesses and other the Fréemen of the Commonalty of this Realm And by Authority of Parliament holden in the five and twentieth year of the reign of King Edward the third 25 Ed. 3. Rot. Parl. it is declared and Enacted That from thenceforth no person should be compelled to make any Loans to the King against his will because such Loans were against reason and the Franchise of the Land 1 Ed. 3. 6. 11 R. 2. 9. 1 R. 3. 2. And by other Laws of this Realm it is provided That none should be charged by any Charge or Imposition called a Benevolence nor by such like charge By which the Statutes before mentioned and other the good Laws and Statutes of this Realm your Subjects have inherited this Fréedom That they should not be compelled to contribute to any Tax Tallage Aid or other like charge not set by common consent in Parliament Yet nevertheless of late divers Commissions directed to sundry Commissioners in several Counties with instructions have issued by means whereof your People have béen in divers places assembled and required to lend certain sums of Money unto your Majesty and many of them upon their refusal so to do have had an Oath administred unto them not warrantable by the Laws or Statutes of this Realm and have béen constrained to become bound to make Appearance and give Attendance before your Privy Councel and in other places and others of them have béen therefore imprisoned confined and sundry other ways molested and disquieted And divers other Charges have béen laid and levied upon your People in several Counties by Lord-Lievetenants Deputy-Lievetenants Commissioners for Musters Iustices of Peace and others by command or direction from your Majesty or your Privy Councel against the Laws and frée Customs of this Realm 9. H. 3. 29. And where also by the Statute called The great Charter of the Liberties of England It is declared and Enacted That no Fréeman may be taken or imprisoned or be disseised of his Fréehold or Liberties or his frée Customs or be outlawed or exiled or in any manner destroyed but by the lawful judgement of his Péers or by the Law of the Land 28. Ed. 3. 3. And in the eight and twentieth year of the reign of King Edward the third it was declared and Enacted by Authority of Parliament That no man of what estate or condition that he be should be put out of his Land or Tenements nor taken nor imprisoned nor disherited nor put to death without being brought to answer by due process of Law St. 37. Ed. 3. 18. St. 38 Ed. 3 9. St. 42 Ed. 3. 3. St. 17. R. 2. 6. Nevertheless against the tenor of the said Statutes and other the good Laws and Statutes of your Realm to that end provided divers of your Subjects have of late béen imprisoned without any cause shewed And when for their deliverance they were brought before your Iustices by your Majesties Writs of Habeas corpus there to undergo and receive as the Court should order and their Kéepers commanded to certifie the causes of their detainer no cause was certified but that they were detained by your Majesties special command signified by the Lords of your Privy Councel and yet were returned back to several Prisons without being charged with any thing to which they might make answer according to the Law 25. Ed. 3. 9. And whereas of late great Companies of Souldiers and Mariners have béen dispersed into divers Counties of the Realm and the Inhabitants against their wills have béen compelled to receive them into their houses and there to suffer them to sojourn against the Laws and Customs of this Realm and to the great grievance and vexation of the People 25. Ed. 3. 9. And whereas also by Authority of Parliament in the five and twentieth year of the raign of King Edward the third it is declared and Enacted That no man should be fore-judged of life or limb against the form of the Great Charter and Law of the Land 9. H. 3. 28. 25. Ed 3. 4. 28. Ed. 3. 3 And by the said Great Charter and other the Laws and Statutes of this your Realm no man ought to be adjudged to death but by the Laws established in this your Realm either by the Customs of the same Realm or by Acts of Parliament And whereas no offendor of what kinde soever is exempted from the procéedings to be used and punishments to be inflicted by the Laws and Statutes of this your Realm Nevertheless of late divers Commissions under your Majesties great Seal have issued forth by which certain persons have béen assigned and appointed Commissioners with power and authority to procéed within the Land according to the Iustice of Martial Law against such Souldiers and Mariners or other dissolute persons joyning with them as should commit any Murther Robbery Felony Mutiny
or other outrage or misdemeanor whatsoever and by such summary course and order as is agréeable to Martial Law and as is used in Armies in time of War to procéed to the trial and condemnation of such Offendors and them to cause to be executed and put to death according to the Law Martial By pretext whereof some of your Majesties Subjects have béen by some of the said Commissioners put to death when and where if by the Laws and Statutes of the Land they had deserved death by the same Laws and Statutes also they might and by no other ought to have béen judged and executed And also sundry grievous Offendors by colour thereof claiming an exemption have escaped the punishments due to them by the Laws and Statutes of this your Realm by reason that divers of your Officers and Ministers of Iustice have unjustly refused or forborn to procéed against such Offendors according to the same Laws and Statutes upon pretence that the said Offendors were punishable onely by Martial Law and by Authority of such Commissions as aforsaid Which Commissions and all other of like nature are wholly and directly contrary to the said Laws and Statutes of this your Realm The Petition They do therefore humbly pray your most excellent Majesty That no man hereafter be compelled to make or yield any Gift Loan Benevolence Tax or such like charge without common consent by Act of Parliament And that none be called to make answer or take such Oath or to give attendance or be confined or otherwise molested or disquieted concerning the same or for refusal thereof And that no Fréeman in any such manner as is before mentioned be imprisoned or detained And that your Majesty would be pleased to remove the said Souldiers and Mariners and that your People may not be so burthened in time to come And that the foresaid Commissions for procéeding by Martial Law may be revoked and annulled And that hereafter no Commissions of like nature may issue forth to any person or persons whatsoever to be executed as aforesaid lest by colour of them any of your Majesties Subjects be destroyed or put to death contrary to the Laws and Franchise of the Land All which they most humbly pray of your most excellent Majesty as their Rights and Liberties according to the Laws and Statutes of this Realm And that your Majesty would also vouchsafe to declare That the awards doings and procéedings to the prejudice of your People in any of the premisses shall not be drawn hereafter into consequence or example And that your Majesty would be also graciously pleased for the further comfort and safety of your People to declare your royal will and pleasure That in the things aforesaid all your Officers and Ministers shall serve you according to the Laws and Statutes of this Realm as they tender the Honor of your Majesty and the Prosperity of this Kingdom Stat. 17 Car. cap. 14. CAP. I. A restraint of divers abuses committed on the Lords day FOrasmuch as the Lords day commonly called Sunday is much broken and prophaned by Carriers Waggoners Carters Wain-men Butchers and Drovers of Cattle to the great dishonor of God and reproach of Religion Be it therefore enacted by the Kings most excellent Majesty and the Lords Spiritual and Temporal and by the Commons in this present Parliament assembled and by the Authority of the same That no Carrier with any Horse or Horses A Carrier c. that travels upon the Lords day shall forfeit 20. s. nor Waggon-men with any Waggon or Waggons nor Car-men with any Cart or Carts nor Wain-man with any Wain or Wains nor Drovers with any Cattel shall after forty days next after the end of this present Session of Parliament by themselves or any other travel upon the said Day Butchers that sell or kill victual upon that day shall forfeit 6. s. 8. d. upon pain that every person and persons so offending shall lose and forfeit twenty shillings for every such offence Or if any Butcher by himself or any other for him by his privity or consent shall after the end of the said forty daies kill or sell any Victual upon the said Day That then every such Butcher shall forfeit and lose for every such offence the sum of six shillings and eight pence The said offences and every of them being done in view of any Iustice of Peace Mayor or other head Officer of any City or Town corporate within their limits respectively or being proved upon Oath by two or more witnesses or by the confession of the party offending before any such Iustice Mayor or head Officer within their several limits respectively wherein such offence shall be committed To which end every such Iustice Mayor or head Officer shall have power by this Act to minister an Oath to such witness or witnesses All which sums or penalties shall or may be levied by any Constable After conviction and by warrant from a Iustice c. the Constables c. may levy the said forfeitures to the use of the poor or they may be recovered by Suit or Church-warden by Warrant from any such Iustice or Iustices of the Peace Mayor or other head Officer as aforesaid within their several limits where such offence shall be committed or done by distress and sale of the Offendors goods rendring to the party the over-plus or shall be recovered by any person or persons that will sue for the same by Bill Plaint or Information in any of his Majesties Courts of Record in any City or Town corporate before his Majesties Iustices of the Peace in their General Sessions of the Peace All which forfeitures shall be employed to and for the use of the poor of the Parishes where the said offences shall be committed or done saving onely that it shall be lawful to and for any such Iustice Mayor or head Officer out of the said Forfeitures to reward any such person or persons that shall inform or otherwise prosecute any person or persons offending against this present Act according to their discretions so that such reward excéed not the third part of the Forfeiture Provided that such Bill Plaint or Information shall be commenced sued and prosecuted in the County City or Town corporate where such offence shall be committed and done and not elsewhere wherein no Essoin Protection or Wager of Law shall be allowed to the Defendant Provided always That it shall be lawful for any Constable or Church-warden that shall have any Suit or Action brought against them for any Distress by them or any of them to be taken by force of this present Act to plead the general Issue and to give the special matter in Evidence Provided likewise That no person or persons whatsoever shall be impeached by this Act unless he be thereof questioned within six moneths after the Offence committed Provided further That this Act shall not in any sort abridge or take away the Authority of the Court Ecclesiastical
obstinate and incorrigible For remedy whereof Be it Enacted by the Authority of this present Parliament That if any person or persons He that keeps an Alehouse c. without license shall forfeit 20. s after forty days next ensuing the end of this present Session of Parliament shall upon his own authority not being thereunto lawfully licensed take upon him or them to kéep a common Alehouse or Tippling house or use commonly selling of Ale Béer Syder or Perry That then every such person or persons shall for every such Offence forfeit and lose the sum of twenty shillings of currant money of England to the use of the poor of the Parish where such offence shall be committed The same offence being viewed and séen by any Mayor Bailiff or Iustice of Peace or other head Officer within the several limits or confessed by the party so offending or proved by the oath of two witnesses to be taken before any Mayor Bailiff or other head Officer or any one or more Iustice or Iustices of the Peace The Constables or Church-wardens shall levy the said forf to the use of the Poor who by vertue of this Act shall be authorised to minister the said oath to any person or persons that can or will justifie the same being within the limits of their said Commission The said penalty to be levyed by the Constables or Church-wardens of the parish or parishes where the said offence shall be committed Who shall be accountable therefore to the use of the poor of the said parish by way of distress to be taken and detained by warrant or precept from the said Mayor Bailiff Iustice or Iustices or other head Officer by whom the said offence shall be viewed or before whom the same shall be confessed or proved as aforesaid and for default of satisfaction within thrée daies next ensuing The party that is not able to pay the forf shall be whipped the said distress to be by the said Constables or Church-wardens apprised and sold and the overplus to be delivered to the party or parties offending and this to be only for the first offence And if such offender or offenders shall not have sufficient Goods and Chattels whereby the said twenty shillings may be levyed by way of distress as aforesaid or shall not pay the said sum of twenty shillings within six daies after such conviction as aforesaid That then the said Mayor Bailiff Iustice or Iustices or other head Officer before whom the said Offender shall be convicted as aforesaid shall commit all and every the said offender or offenders to some Constable or Constables or other inferiour Officer or Officers of the City Borough Town Parish or Hamlet where the offence shall be committed or the party apprehended to be openly whipped for the said offence as the said Iustice or Iustices shall limit or appoint And be it Enacted by the authority aforesaid The officer neglecting to punish the offender shall be imprisoned or pay ten shillings That if any Constable or inferiour Officer shall neglect to execute the said precept or warrant or do refuse or do not execute by himself or some other to be by him appointed upon the offender the punishment limited by this Statute that in that case it shall and may be lawful for the said Mayor Bailiff Iustice or Iustices of Peace or other head Officer to commit the Constable or other inferiour Officer so refusing or not executing the said punishment by himself or some other to the common Gaol of the said County City or Town corporate there to remain without bail or mainprise untill the said Offender or Offenders shall be by the said Constable or Constables or other inferiour Officer so refusing or not executing the said punishment or some by his or their procurement punished and whipped as is above limited and declared or untill he or they so neglecting or refusing shall have paid the sum of forty shillings of lawful money of England unto the use of the poor of the parish for their said contempt And be it further Enacted For the second and third offence the offender shall be committed to the house of correction that if the said Offender or Offenders being an unlicensed Alehouse-keeper shall offend in any of the premisses the second time and be thereof lawfully convicted in manner and forme aforesaid That then the said Mayor Bailiff Iustice or Iustices of the Peace or other head Officer shall commit him her or them unto the house of Correction there to remain for the space of one moneth and be dealt withall as idle lewd and disorderly persons And if such Person or Persons shall again offend and shall be thereof convicted as aforesaid that then the said offender and offenders for every such offence shall be committed unto the said house of Correction as aforesaid there to remain until by the order of the Iustices in their general Sessions for the County City Borough or Franchise he she or they shall be delivered from thence Provided alwayes that such offender or offenders as shall be punished by vertue of this act The offender punished by this act shall not be again punished by 5 6 Ed. 6. 25. contra Alehouses kept in the time of Fairs excepted shall not be punished again for the same offence by the former Act made in the fifth year of King Edward the sixth aforementioned And that such offender or offenders as shall be punished by vertue of the before mentioned Act made in the fifth year of King Edward the sixth shall not be punished again for the same offence by vertue of this present Act nor any thing therein contained Provided alwayes That in such Towns and places where any Fair or Fairs shall be kept that for the time only of the same Fair or Fairs it shall be lawful for every person or persons to use common selling of Ale or Béer in Booths or other places there for the relief of the Kings Subjects that shall repair unto the same in such like manner and sort as hath béen used and done in times past this Act or any thing therein contained to the contrary notwithstanding St. 11 H. 7. 2. 1 Jac. 9. 4 Jac. 10. 21 Jac. 7. 1 Car. 4. CAP. IV. Divers Statutes made perpetual others continued and some others repealed 1 El. 17. When Corn may be transported c. BE it Enacted by the authority of this present Parliament That one Act made in the first year of the reign of the late Quéen Elizabeth intituled An Act for the preservation of spawn and fry of fish except the proviso in the said Act mentioned that the same Act shall not extend to the Rivers of Twéed nor Waters or Rivers whereof the Quéen was answered of any yearly rent or profit nor to Farmers Owners or Occupiers of the Rivers of Wye Vske 13 El. 20. and other Rivers in the said proviso mentioned or contained One Act made in the thirteenth year
time wherein the said offence shall be committed CAP. XI A Repeal of the Branch of a Statute primo Elizabethae concerning Commissioners for Causes Ecclesiastical VVHereas in the Parliament holden in the first year of the reign of the late Quéen Elizabeth late Quéen of England there was an Act made and established Intituled An Act restoring to the Crown the antient Jurisdiction over the State Ecclesiastical and Spiritual St. 1 Eliz. 2 and abolishing all Forreign Power repugnant to the same In which Act amongst other things there is contained one Clause Branch Article or Sentence whereby it was Enacted to this effect Namely That the said late Quéens Highness her Heirs and Successors Kings or Quéens of this Realm should have full power and authority by vertue of that Act by Letters Patent under the Great Seal of England to assign name and authorite when and as often as her Highness her Heirs or Successors should think méet and convenient and for such and so long time as should please her Highness her Heirs or Successors such person or persons being natural born Subjects to her Highness her Heirs or Successors as her Majesty her Heirs or Successors should think méet to exercise use occupy and execute under her Highness her Heirs and Successors all manner of Iurisdictions Priviledges and preheminence in any wise touching or concerning any Spiritual or Ecclesiastical Iurisdiction within these her Realms of England and Ireland or any other her Highnesse Dominions and Countries and to visit reform redresse order correct and amend all such errors heresies schismes abuses offences contempts and enormities whatsoever which by any manner Spiritual or Ecclesiastical power Authority or Iurisdiction can or may lawfully be reformed ordered redressed corrected restrained or amended to the pleasure of Almighty God the increase of vertue and the conservation of the Peace and Vnity of this Realm And that such person or persons so to be named assigned authorized and appointed by her Highness her Heirs or Successors after the said Letters Patents to him or them made and delivered as aforesaid should have full power and Authority by vertue of that Act and of the said Letters Patents under her Highness her Heirs or Successors to exercise use and execute all the Premisses according to the tenor and effect of the said Letters Patents any matter or cause to the contrary in any wise notwithstanding And whereas by colour of some words in the aforesaid Branch of the said Act High Commission Court whereby Commissioners are Authorized to execute their Commission according to the tenor and effect of the Kings Letters Patents and by Letters Patents grounded thereupon the said Commissioners have to the great and insufferable wrong and oppression of the Kings Subjects used to fine and imprison them and to exercise other Authority not belonging to Ecclesiastical Iurisdiction restored by that Act and divers other great mischiefs and inconveniences have also ensued to the Kings Subjects by occasion of the said Branch and Commissions issued thereupon and the executions thereof Therefore for the repressing and preventing of the aforesaid abuses mischiefs and inconveniencies in time to come Be it Enacted by the Kings most Excellent Majesty The said branch of the stat 1 El. c. 2. repealed and the Lords and Commons in this present Parliament Assembled and by the Authority of the same That the foresaid Branch Clause Article or Sentence contained in the said Act and every word matter and thing contained in that Branch Clause Article or Sentence shall from henceforth be repealed annulled revoked annihilated and utterly made void for ever any thing in the said Act to the contrary in any wise notwithstanding Rep. St. 13 Car. 1. cap. 11. And be it also Enacted by the Authority aforesaid that no Archbishop Bishop Power taken away from Archbishops Bishops and other Ecclesiastical persons and Courts Exp. St. 13. Car. 2. c. 12. nor Vicar-General nor any Chancellor Official nor Commissary of any Arch-bishop Bishop or Vicar-General nor any Ordinary whatsoever nor any other Spiritual or Ecclesiastical Iudg Officer or Minister of Iustice nor any other person or persons whatsoever exercising Spiritual or Eccesiastical Power Authority or Iurisdiction by any Grant License or Commission of the Kings Majesty his Heirs or Successors or by any power or authority derived from the King his Heirs or Successors or otherwise shall from and after the first day of August which shall be in the year of our Lord God one thousand six hundred forty and one award impose or inflict any pain penalty fine amerciament imprisonment or other corporal punishment upon any of the Kings Subjects for any contempt misdemeanor crime offence matter or thing whatsoever belonging to Spiritual or Ecclesiastical cognizance or Iurisdiction Oath ex officio St. 13 Car. 2. cap. 12. or shall ex officio or at the instance or promotion of any other person whatsoever urge enforce tender give or minister unto any Churchwarwarden Sydeman or other person whatsoever any corporal Oath whereby he or she shall or may be charged or obliged to make any presentment of any crime or offence or to confess or to accuse himself or her self of any crime offence delinquency or misdemeanor or any neglect matter or thing whereby or by reason whereof he or she shall or may be lyable or exposed to any censure pain penalty or punishment whatsoever upon pain and penalty that every person who shall offend contrary to this Statute Penalty treble damages and one hundred pounds shall forfeit and pay treble damages to every person thereby grieved and the sum of One hundred pounds to him or them who shall first demand and sue for the same which said Treble damages and sum of One hundred pounds shall and may be demanded and recovered by Action of Debt Bill or Plaint in any Court of Record wherein no priviledg Offendors convicted disabled from any office or imployment by the Kings Letters Patents Essoin protection or wager of Law shall be admitted or allowed to the Defendant And be it further Enacted That every person who shall be once convicted of any act or offence prohibited by this Statute shall for such act or offence be from and after such conviction utterly disabled to be or continue in any office or imployment in any Court of Iustice whatsoever or to exercise or execute any power authority or jurisdiction by force of any Commission or Letters Patents of the King his Heirs or Successors And be it further Enacted That from and after the said first day of August No new Court to be erected with the like power no new Court shall be erected ordained or appointed within this Realm of England or Dominion of Wales which shall or may have the like power jurisdiction or Authority as the said High Commission Court now hath or pretendeth to have But that all and every such Letters Patents Commissions and Grants made or to be made by his
hundred fourty and one shall put in execution any Letters Patents Proclamation Edict Act Order Warrant Restraint or other Inhibition whatsoever whereby the Importation of Gun-powder Salt-peter Brimstone or other the materials aforementioned or any of them from Forraign parts or the making of Gun-powder within this Realm shall be any way prohibited or restrained That then the said person and persons so offending shall incur and sustain the pains penalties and forfeitures contained and provided in the Statute of provision and premunire made in the Sixtéenth year of King Richard the Second CAP. XXII A Subsidy granted to the King of Tunnage Poundage and other sums of Money Tunnage Poundage payable upon Merchandize Exported and Imported from the 9th of August 1641. to the first of December next EXP. CAP. XXIII An Act for the better raising and Levying of Mariners Sailers and others Mariners for the present guarding of the Seas EXP. CAP. XXIV For Relief of Captives taken by Turkish and other Pyrats Captive and one per Cent. on Customable goods for three years to be paid and received by the Lord Mayor and Chamberlain of London for that purpose EXP. CAP. XXV A Subsidy granted to the King of Tunnage Poundage c. from the last of November 1641. Tunnage Poundage to the first of February next and the like until the second of July 1642. EXP. CAP. XXVI For the better Raâ—sing and Levying of Mariners Sailers and others Mariners for the present guarding of the Seas EXP. CAP. XXVII Persons in Holy Orders shall not exercise certain temporal powers and authorities Persons in Holy Orders REP. Stat. 13 Car. 1. cap. 2. CAP. XXVIII For the better Raising and Levying of Souldiers for the present defence of the Kingdoms of England and Ireland Souldiers EXP. CAP. XXIX A Subsidy granted to the King of Tunnage and Poundage Tunnage Poundage and other sums of Money payable upon Merchandize Exported and Imported from the last of January 1641. to the 25th of March next ensuing EXP. CAP. XXX A Contribution and Loan towards the Relief of Ireland Contribution EXP. CAP. XXXI A Subsidy granted to the King of Tunnage and Poundage Tunnage Poundage and other sums of Money payable upon Merchandize exported and imported from the second of May 1642. to the second of July next following EXP. CAP. XXXII For the Raising and Levying of Moneys for the necessary defence and great affairs of the Kingdoms of England and Ireland and for the payment of Debts undertaken by the Parliament Ireland EXP. CAP. XXXIII An Act for the speedy and effectual reducing of the Rebels in Ireland EXP. CAP. XXXIV Certain Clauses explaining another Act for the reducing the Rebels in Ireland EXP. CAP. XXXV Corporations and Bodies Politick enabled to partake of the benefit of an Act for reducing the Rebels in Ireland EXP. CAP. XXXVI A Subsidy granted to the King of Tunnage Poundage and other sums of Money Tunnage Poundage payable upon Merchandize exported and imported from the 14th of March 1641. to the third of May next ensuing EXP. CAP. XXXVII For the further advancement of an effectual and speedy Reduction of the Rebels in Ireland EXP. Anno Regni Caroli II. Regis Angliae Scotiae Franciae Hiberniae Duodecimo AT the Parliament begun at Westminster the Five and twentieth day of April Anno Dom. 1660. In the Twelfth Year of the Reign of Our most Gracious Soveraign Lord CHARLES the Second by the Grace of God of England Scotland France and Ireland King Defender of the Faith c. And there continued until the Nine and twentieth day of December then next following and then Dissolved by his Majesty To the high pleasure of Almighty God and to the weal publick of this Realm were Enacted as followeth CAP. I. The Assembling and Sitting of this present Parliament St. 17 Car. 1. cap. 7. St. 13 Car. 2. cap. 1. The Parliament begun 3 Nov. 16 Car. declared to be dissolved St. 13 Car. 2. cap. 1 The Lords and Commons now sitting declared to be the two Houses of Parliament FOr the preventing all Doubts and Scruples concerning the Assembling Sitting and Procéeding of this present Parliament Be it Declared and Enacted and it is Declared and Enacted by the King our Soveraign Lord and by the Lords and Commons in Parliament assembled and by Authority of the same That the Parliament begun and holden at Westminster the third day of November in the Sixtéenth year of the Reign of the late King CHARLES of blessed Memory is fully Dissolved and Determined And that the Lords and Commons now sitting at Westminster in this present Parliament are the Two Houses of Parliament and so shall be and are hereby Declared Enacted and Adjudged to be to all Intents Constructions and purposes whatsoever notwithstanding any want of the Kings Majesties Writ or Writs of Summons or any Defect or Alteration of or in any Writ or Writs of Summons or any other Defect or Default whatsoever as if this Parliament had béen Summoned by Writ or Writs in his Majesties Name according to the usual Form and as if His Majesty had béen present in person at the Assembling and Commencement of this present Parliament Provided alwayes That this Parliament may be dissolved by his Majesty after the usual manner as if the same had béen summoned by Writ or Writs in his Majesties Name The Kings assent to this Act shall not determine this Session Provided also and it is hereby Enacted That His Majesties Royal Assent to this Bill shall not determine this present Session of Parliament CAP. II. An Act for putting in Execution an Ordinance mentioned in the said Act for an Assessment of 70000 l. per mensem for three Months EXP. CAP. III. Process and Judicial Proceedings Continued WHereas the four first Returns of Easter Term in the year One thousand six hundred sixty of late called from Easter day in fiftéen dayes from Easter day in thrée wéeks from Easter day in one Moneth and from Easter day in five wéeks or any of them cannot be conveniently kept or holden Now for avoiding all manner of discontinuances whatsoever which by occasion thereof should or might happen or be in any Matter or cause whatsoever Process Writs c. shall not be discontinued for not holding certain dayes of Return in any the Courts at Westminster Be it Enacted by the Kings most Excellent Majesty and the Lords and Commons Assembled in Parliament That no Pleas Writs Bills Actions Suits Plaints Process Precepts or other thing or things whatsoever Pleaded Returned or Depending or having day or dayes in any of the said Courts in or at the said several Returns or any of them or at any other day or dayes certain after any of the said Returns shall be in any wise discontinued or put without day for or by reason of the not kéeping or holding of the said Returns or dayes or any of them but that all
them who being disguised by Frocks and Vizors did appear upon the Scaffold erected before Whitehal upon the thirtieth of Ianuary one thousand six hundred forty and eight All which persons for their execrable Treason in sentencing to death or signing the Instrument for the horrid Murder or being instrumental in taking away the precious Life of our late Sovereign Lord Charles the first of Glorious Memory are left to be procéeded against as Traytors to His late Majesty according to the Laws of England and are out of this present Act wholly excepted and foreprized But ingard the said Owen Row Augustine Garland Edmond Harvey Henry Smith Persons that appeared and rendred themselves Henry Martin Sir Hardress Waller Robert Titchbourn George Fleetwood James Temple Thomas Wait Simon Meyn William Heveningham Isaac Penington Peter Temple Robert Lilburn Gilbert Millington Vincent Potter Thomas Wogan and John Downs have personally appeared and rendred themselves according to the Proclamation bearing Date the sixth day of Iune one thousand six hundred and sixty to Summon the persons therein named who gave Iudgement and Assisted in the said Horrid and Detestable Murther of our said late Sovereign to appear and render themselves and do pretend thereby to some favour upon some conceived doubtful Words in the said Proclamation Be it Enacted by this present Parliament and the Authority of the same upon the humble desires of the Lord and Commons in Parliament assembled That if the said Owen Row Augustine Garland Edmond Harvey Henry Smith Henry Martin Sir Hardress Waller Robert Titchburn George Fleetwood James Temple Tho. Wait Simon Meyn William Heveningham Isaac Penington Peter Temple Robert Lilburn Gilbert Millington Vincent Potter Thomas Wogan and John Downs or any of them shall be legally Attainted for the Horrid Treason and Murther aforesaid That then nevertheless the Execution of the said person and persons so Attainted shall be supended until his Majesty by the Advice and Assent of the Lords and Commons in Parliament shall order the Execution by Act of Parliament to be passed for that purpose Except also out of this present Act Oliver Cromwel deceased Henry Ireton deceased John Bradshaw deceased and Thomas Pride deceased Provided That nothing in this Act contained shall extend to discharge the Lands Tenements The Lands and Goods of the persons rendring themselves not excepted St. 13 Car. 2. ca. 15. Goods Chattels Rights Trusts and other the Hereditaments late of the said O. Cromwel Henry Ireton John Bradshaw and Thomas Pride or of Isaac Ewer deceased Sir John Danvers deceased Sir Thomas Maleverer Baronet deceased William Purefoy deceased John Blackiston deceased Sir William Constable Baronet deceased Richard Dean deceased Francis Allen deceased Peregrin Pelham deceased John Moor deceased John Aldred alias Alured deceased Humphry Edwards deceased Sir Gregory Norton Baronet deceased John Venn deceased Thomas Andrews Alderman deceased Anthony Stapely deceased Thomas Horton deceased John Fry deceased Thomas Hamond deceased Sir John Bourchier deceased of and from such pains penalties and forfeitures as by one other Act of Parliament intended to be hereafter passed for that purpose shall be expressed and declared And also excepted out of this present Act William Lord Mounson James Challoner Persons excepted for other penalties not extending to life St. 13. Car. 2. ca. 15. Sir Henry Mildmay Sir James Harrington John Phelps and Robert Wallop All which persons did Act and sit in that Trayterous Assembly which in the moneth of Ianuary one thousand six hundred forty eight Acted and procéeded against the Life of our late Sovereign King Charles the first of blessed Memory and are therefore reserved to such pains penalties and forfeitures not extending to Life as by another Act intended to be passed for that purpose shall be imposed on them And also except Sir Arthur Hesilrig for and in respect onely of such pains penalties and forfeitures not extending to Life as by one Act intended to be hereafter passed for that purpose shall be inflicted and imposed Provided alwayes That John Hutchinson Esquire and Francis Lassels Persons made incapable of any Offices shall be and are hereby made for ever incapable to Execute any Place or Office of Trust Civil or Military within this Kingdom And that the said Francis Lassels shall pay unto our Sovereign Lord the King one full years value of his Estate Any thing herein before contained to the contrary notwithstanding Provided alwayes That this Act or any thing therein contained Sir Henry Vane Iohn Lambert excepted shall not extend to the pardoning or to give any other benefit whatsoever unto Sir Henry Vane John Lambert or either of them but that they and either of them are and shall be out of this present Act wholly excepted and foreprized Penalty of certain persons if they shall after the first of September 1660. accept any Office Provided That if William Lenthal William Burton Oliver Saint-John John Ireton Alderman Colonel William Sydenham Colonel John Desborow John Blackwel of Moreclake Christopher Pack Alderman Richard Keeble Charles Fleewood John Pyne Richard Dean Major Richard Creed Philip Nye Clerk John Goodwyn Clerk Sir Gilbert Pickering Colonel Thomas Lister and Colonel Ralph Cobbet shall after the first day of September one thousand six hundred and sixty accept or exercise any Office Ecclesiastical Civil or Military or any other publique employment within this Kingdom of England Dominion of Wales or Town of Berwick upon Tweed that then such person or persons as do so accept or execute as aforesaid shall to all intents and purposes in Law stand as if he or they had béen totally excepted by name in this Act. Persons that gave Sentence upon any in the illegal High Courts of Iustice Provided likewise That all those who since the fifth of December one thousand six hundred forty eight did give sentence of death upon any person or persons in any of the late Illegal and Tyrannical High Courts of Iustice in England or Wales or Signed the Warrant for Execution of any person there Condemned except Colonel Richard Ingolsby and Colonel Matthew Thomlinson shall be and are hereby made incapable of bearing any Office Ecclesiastical Civil or Military within the Kingdom of England or Dominion of Wales or of serving as a Member in any Parliament after the first day of September one thousand six hundred and sixty Provided also and it is Enacted That all and every the persons appointed Trustées in a late pretended Act or Ordinance made in the year of our Lord Persons intrusted by Ordinance 1649. about Tithes shall be accomptable one thousand six hundred forty nine for and concerning Tithes appropriate Oblations Obventions Pensions Portions of Tithes appropriate Offerings Fée-farm Rents issuing out of the Tithes therein mentioned First-fruits and other things and Enacted or mentioned to be Enacted to be vested setled adjudged or déemed to be in the actual sesin or possession of such person and persons in the said pretended Act or Ordinance mentioned
priviledges of Parliament and both Houses thereof now Assembled or that hereafter shall be called and assembled Provided alwayes and be it enacted That all and every pretended Indictment or Indictments Out-lawries Inquisitions and all Procéedings thereon of High Treason against any Person or Persons whatsoever for Levying War against the late Tyrant Oliver Cromwell the pretended Kéepers of the Liberty of England or any other Vsurped Power Indictments of Treasons c. for levying wars against Oliver Cromwell c. made void shall be from henceforth void and of none effect in Law And that all Grants Conveyances Leases Devices Assurances Statutes Recognizances and Iudgments for Debt Damages heretofore had made or suffered by any person or his heirs whose Conviction Vtlagary or Attainder is by this Act discharged or made void shall be of the same force and effect as if no such Conviction Outlawry or Attainder had béen Stat. 13 Car. 2. cap. 7. CAP. XIII None shall take above Six Pounds for the loan of an Hundred Pounds for a Year Abatement of interest advantagious to Trade FOrasmuch as the Abatement of Interest from Ten in the Hundred in former times hath béen found by notable experience Beneficial to the Advancement of Trade and Improvement of Lands by good Husbandry with many other considerable advantages to this Nation especially the reducing of it to a nearer Proportion with Forreign States with whom We Traffique And whereas in fresh memory the like fall from Eight to Six in the Hundred by a late constant practise hath found the like Success to the general contentment of this Nation as is visible by several Improvements And whereas it is the endeavour of some at present to reduce it back again in practice to the allowance of the Statute still in force to Eight in the Hundred to the great discouragement of Ingenuity and Industry in the Husbandry Trade and Commerce of this Nation The penalty and forfeiture of taking above six in the hundred Be it for the Reasons aforesaid Enacted by the Kings most Excellent Majesty and the Lords and Commons in this present Parliament assembled That no Person or Persons whatsoever from and after the Twenty Ninth day of September in the Year of our Lord One thousand six hundred and sixty upon any Contract shall from and after the said Twenty Ninth of September take directly or indirectly for Loan of any Monies Wares Merchandise or other Commodities whatsoever above the value of Six Pounds for the Forbearance of one Hundred Pounds for a Year and so after that Rate for a greater or lesser Sum or for a longer or shorter time And that all Bonds Contracts and Assurances whatsoever made after the time aforesaid for payment of any Principal or money to be lent or covenanted to be performed upon or for any Vsury whereupon or whereby there shall be reserved or taken above the Rate of Six pounds in the Hundred as aforesaid shall be utterly void And that all and every person or persons whatsoever which shall after the time aforesaid upon any Contract to be made after the said Twenty Ninth of September take accept and receive by way or means of any corrupt Bargain Loan Exchange Cheivisaunce Shift or Interest of any Wares Merchandise or other thing or things whatsoever or by any deceitful way or means or by any covin engine or deceitful conveyance for the forbearing or giving day of payment for one whole year of and for their money or other thing above the sum of six pounds for the forbearing of One hundred pounds for a year and so after that Rate for a greater or lesser Sum or for a longer or shorter Term shall forfeit and lose for every such offence the treble value of the moneys wares merchandise and other things so Lent Bargained Sold Exchanged or Shifted The Forfeiture of a Scrivener that shall take above five shillings for the forbearance of an hundred pounds for a year and above twelve pence for making a Bond. And be it further Enacted by the Authority aforesaid That all and every Scrivener and Scriveners Broker and Brokers Solicitor and Solicitors Driver and Drivers of Bargains for Contracts who shall after the said Twenty ninth day of September take or receive directly or indirectly any sum or sums of money or other reward or thing for Brokage Soliciting Driving or Procuring the Loan or forbearing of any sum or sums of money over and above the Rate or Value of five shillings for the Loan or forbearing of one hundred pounds for a year and so rateably or above Twelve pence for making or renewing of the Bond or Bill for the Loan or for forbearing thereof or for any Counter-Bond or Bill concerning the same shall forfeit for every such Offence Twenty pounds and have Imprisonment for half a year The one moyety of all which Forfeitures to be to the King our Soveraign Lord his Heirs and Successors And the other moyety to him or them that will sue for the same in the same County where the several Offences are committed and not elsewhere by Action of Debt Bill Plaint or Information in which no Essoign Wager of Law or Protection to be allowed Stat. 13 Car. 2. cap. 13. CAP. XIV A Perpetual Anniversary Thanksgiving on the Nine and twentietth day of May for His Majesties Happy Restauration The wonderful Power and Goodness of God in the Restauration◠of his Majesty FOrasmuch as Almighty God the King of Kings and sole Disposer of all Earthly Crowns and Kingdoms hath by his All-swaying Providence and Power miraculously demonstrated in the view of all the World his Transcendent Mercy Love and Graciousness towards His most Excellent Majesty CHARLES the Second by his Especial Grace of England Scotland France and Ireland King Defender of the true Faith and all his Majesties Loyal Subjects of this his Kingdom of England and the Dominions thereunto annexed by his Majesties late most wonderful glorious peaceable and joyful Restauration to the actual possession and exercise of his undoubted hereditary Soveraign and Regal Authority over them after sundry years forced extermination into Forreign parts The unanimous and cordial affection of the Lords and Commons in Parliament and People in general by the most Trayterous Conspiracies and Armed Power of Vsurping Tyrants and execrable perfidious Traytors and that without the least opposition or effusion of blood through the unanimous cordial Loyal Votes of the Lords and Commons in this present Parliament assembled and passionate desires of all other his Majesties Subjects which unexpressible Blessing by Gods own most wonderful Dispensation was compleated on the Twenty Ninth day of May last past being the most memorable Birth-Day not onely of his Majesty both as a Man and Prince but likewise as an Actual King and of this and other His Majesties Kingdoms all in a great measure new born and raised from the dead on this most joyful Day wherein many Thousands of the Nobility Gentry Citizens
under whose office and limits such Brewer Retailer Distiller or Makers of the Liquors aforesaid doth dwell and inhabit Returns made by the gagers leaving a true Copy of such Return in Writing under his hand with such Brewer Retailer Distiller or Makers of the Liquors aforesaid And such Reports or Returns of the said Gagers shall be a Charge upon the said Brewers Makers and Retailers respectively And if any such Common Brewer or Retailer shall refuse to permit any such Gager or Gagers to enter his Brew-house or any other place aforementioned or to gage or take accompt of his Brewing vessels or of any such Béer Ale Worts Perry Syder Strong-water Aquavite Metheglin or other the Liquours aforesaid such Brewer Retailer or Distiller shall be forthwith forbidden by the said Gager or Gagers to sell carry out or deliver to any of his Customers any Béer Ale Strong-water Aquavite or other the Liquors aforesaid And if any such Brewer Retailer or Distiller of any the liquors aforesaid after such warning given shall sell carry or deliver out the same or any part thereof not having paid and cleared the duty of Excise such person and persons shall besides the forfeiture of double the value forfeit and lose the sum of five pounds as aforesaid for every offence to be levied and recovered upon his or their Goods and Chattels in manner and form as hereafter in this Act is provided And for the avoiding of all incertainty and dispute What shall be reckoned a barrel of beer touching the returns made or to be made by the Gagers of any béer or ale so brewed as aforesaid Be it Enacted and declared by the Authority aforesaid That every six and thirty gallons of béer taken by the gage according to the Standard of the Ale-quart four whereof shall make the gallon remaining in the custody of the Chamberlains of his Majesties Exchequer shall be reckoned accompted and returned by the Gager for a barrel of Béer And every two and thirty gallons of ale The barrel of Ale taken by the Gage according to the same Standard shall be in like manner reckoned accompted and returned for a Barrel of ale and all other the Liquors aforesaid according to the Wine-gallon Provided alwayes and be it Enacted and Ordained by the Authority aforesaid That no Brewers or Retailers of béer and ale shall take any more in the price thereof upon sale of the same then according to the usual rates and prizes Saving that every common Brewer shall and may take and receive of all and every person and persons to whom he shall sell and deliver any Ale or Béer the Excise thereupon due as aforesaid over and above the usual Rates and Prizes And be it Enacted by the Authority aforesaid That for the better encouragement of all Common Brewers and makers of Béer or Ale to make due entry and payment thereof according as by this Act is appointed the said common Brewer not selling the same by retail for and in consideration of waste by fillings and leakage of their Béer and Ale shall have and be allowed out of the said Returns made by the Gagers the several allowances and abatements hereafter mentioned Abatements and allowance to be made for waste and leakage that is to say upon every thrée and twenty Barrels of Béer whether strong or small returned by the said Gagers thrée Barrels And upon every two and twenty Barrels of Ale whether strong or small returned by the Gagers two Barrels which said Allowances and Abatements the said Commissioners to be appointed as aforesaid and their Sub-Commissioners are hereby authorized to allow and make accordingly Provided alwayes Forfeiture for false entries That where any common Brewer shall wittingly or willingly make a false entry and be convicted for the same before the Commissioners to be appointed as aforesaid or any two of them or before such other person or persons as are hereafter by this Act appointed in that case such Brewer or Brewers shall forfeit and lose over and besides the penalties before mentioned the said allowance so to be made for six moneths then next ensuing And be it Enacted and Ordained by the Authority aforesaid No Ale or bre◠to be delivered to the retayler before the rate be paid That no Béer or Ale shall be delivered in by such Brewer or Maker thereof to any Victualler or other Retailer thereof untill the rate which by such Victualler or Retayler is to be payed over and above the price of the said Béer or Ale for or in respect of this Duty be first payed and satisfied by the said Victualler or Retayler to the Brewer or Maker thereof Provided alwayes Beer and ale sold in Fair◠That if any person or persons shall brew and sell by retail any small quantities of béer or ale in any Fair within this Realm or Dominions aforesaid who is not otherwise any common or usual Brewer or Retayler thereof and shall before any such selling and retailing thereof well and truly pay and satisfie the duty due for the same to the Commissioners or Sub-Commissioners within whose Limits or Division the said Fair shall be held or to their Officers thereunto appointed Then such person or persons so brewing or retailing the same and for so much and no more nor otherwise shall be freed and discharged from all penalties and forfeitures in and by this Act before mentioned and imposed Any thing therein contained to the contrary notwithstanding Provided nevertheless that it shall and may be lawful to and for the said Commissioners and Sub-Commissioners respectively The Commissioners may compound with any In-keeper Retailer or Victualler to compound for this Duty with any Inn-kéeper Victualler Alehouse-kéeper or Retailer of Béer Ale and other the Liquors aforesaid within their respective Divisions from time to time and in such manner and form as may be most for the advantage and improvement of the receipts thereof Any thing in this Act before contained to the contrary notwithstanding Any the rates in this Act may be farmed for three years And it is further Ordained and Enacted by the Authority aforesaid That the Lord Treasurer or Commissioners of the Treasury for the time being or such other person or persons as His Majesty shall appoint shall have power and are hereby authorised and impowered from time to time to treat contract conclude and agrée with any person or persons for or concerning the Farming of all or any the Rates Duties and Charges in this Act mentioned upon Béer Ale Perry Syder or other the Liquors aforesaid in any the respective Counties Cities or Places of this Realm or Dominions thereof as may be for the greatest benefit and advantage of the said Receipt so as the same excéed not the term of Thrée years And be it further Enacted That every such Contract Bargain and Agréement of the Lord Treasurer or Commissioners of the Treasury or other persons aforesaid on behalf of His Majesty
on the one part and the person or persons farming on the other part shall be good and effectual in Law to all intents and purposes Provided alwayes to the end the aforesaid duty may be paid with most ease to the people It is hereby further Enacted Persons contracting that be nominated by the Iustice of the Peace in every County shall have the refusal of any Farm That the Lord Treasurer Commissioners of the Treasury or other persons aforesaid shall not within six moneths after the Commencement of this Act treat conclude or agrée with any person or persons touching the Farming of this duty upon Béer and Ale in any the respective Counties or Places of this Realm or Dominions thereof other then with such person or persons as by the Iustices of Peace of the said Counties or places or the major part of them at their publick Quarter Sessions shall be nominated and appointed in that behalf which person or persons is to have the first refusal of any such Farm respectively and may take the same Any thing in this Act to the contrary thereof in any wise notwithstanding Provided that the said duty shall not be let to any other person or persons then to the person or persons recommended by the Iustices under the rate that it shall be tendred to and refused by such person or persons so recommended Forfeitures offences within this Act where determined And be it further Enacted and Ordained by the Authority aforesaid That all forfeitures and offences made done and committed against this Act or any clause or article therein contained shall be heard adjudged and determined by such person or persons and in such manner and form as hereafter in and by this Act is directed and appointed that is to say all such forfeitures and offences made and committed within the immediate limits of the chief Office in London shall be heard adjudged and determined by the said chief Commissioners and Governors of Excise appointed by His Majesty or the major part of them or by the Commissioners for Appeals and regulating of this duty or the major part of them in case of Appeal and not otherwise And all such forfeitures and offences made and committed within all or any other the Counties Cities Towns or Places within this Kingdom or Dominions thereof shall be heard and determined by any two or more of the Iustices of the Peace residing near to the place where such forfeitures shall be made or offence committed And in case of neglect or refusal of such Iustices of the Peace by the space of 14 dayes next after complaint made and notice thereof given to the Offender then the Sub-Commissioners or the major part of them appointed for any such City County Town or Place shall and are hereby impowered to hear and determine the same And if the party find himself aggrieved by the Iudgment given by the said Sub-Commissioners Appeals by parties grieved he shall and may appeal to the Iustices of the Peace at the next Quarter Sessions who are hereby impowered and authorised to hear and determine the same whose Iudgment therein shall be final which said Commissioners for Appeals and regulating of this duty and the chief Commissioners for Excise and all Iustices of Peace and Sub-Commissioners aforesaid respectively are hereby authorised and strictly enjoyned and required upon any complaint or information exhibited and brought of any such forfeiture made or offence committed contrary to this Act to summon the party accused and upon his appearance or contempt to procéed to the examination of the matter of Fact and upon due proof made thereof either by the voluntary confession of the party or by the oath of one or more credible witnesses which Oath they or any two or more of them have hereby power to administer to give Iudgment or Sentence according as in and by this Act is before ordained and directed And to award and issue out Warrants under their hands for the levying of such forfeitures penalties and fines as by this Act is imposed for any such offence committed upon the Goods and Chattels of the Offender and to cause Sale to be made of the said Goods and Chattels if they shall not be redéemed within fourtéen days rendring to the party the overplus if any be and for want of sufficient Distress to imprison the party offending till satisfaction be made Provided nevertheless That it shall and may be lawful Fines and forfeitures may be mitigated to and for the said respective Iustices of Peace Commissioners for Excise or any two of them or their Sub-Commissioners respectively from time to time where they shall sée cause to mitigate compound or lessen such forfeiture penalty or fine as in their discretion they shall think fit And that every such mitigation and payment thereupon accordingly made shall be a sufficient discharge of the said penalties and forfeitures to the persons so offending so as by such mitigation the same be not made less than double the value of the duty of Excise which should or ought to have béen paid besides the reasonable costs and charges of such Officer or Officers or others as were imployed therein to be to them allowed by the said Iustices any thing in this Act to the contrary in any wise notwithstanding And it is hereby further Enacted and Ordained That all Fines How the fines and forfeitures shall be imployed Forfeitures and Penalties mentioned in this Act all necessary charges for the recovery thereof being first deducted shall be imployed thrée fourth parts thereof to and for the use of the Kings Majesty and the other 4th part to the Discoverer or Informer of the same And for the better managing collecting securing levying and recovering of all and every the said rates and charges of Excise hereby imposed and set upon all or any of the Commodities before mentioned to the end the same may be paid and disposed of according to the intent of this present Act Be it further Enacted and Ordained by the authority aforesaid and it is hereby Enacted That one principal Head-Office shall be erected and continued in the City of London or within ten miles thereof from time to time as long as his Majesty shall think fit for this duty unto which all other Offices for the same within England and Wales and the Town and Port of Berwick shall be subordinate and accomptable Which said Office shall be managed by such Officers as shall be appointed by the Kings Majesty as aforesaid who or any two of them Commissioners and Governors for managing the Receipts of Excise are hereby appointed and constituted Commissioners and Governours for the management of His Majesties Receipt of the Excise and to sit in some convenient place in the City of London or within ten miles thereof from time to time as long as his Majesty shall think fit And be it Enacted by the Authority aforesaid That no person or persons shall be capable of
within a Wéek after he made his Entry or ought to have made his Entry as aforesaid shall pay double the value of the Duty And that every Inn-kéeper Alehouse-kéeper Victualler or other Retailer who shall not pay and clear off within a Moneth after he made his Entry or ought to have made his Entry as aforesaid shall pay double the value of the Duty The said respective forfeitures to be levyed upon their Goods and Chattels in such manner and form as hereafter in this Act is Ordained and directed Provided that no such person as aforesaid shall be compelled by the Commissioners or Sub-Commissioners of Excise In what places Entries shall be made to travel for the making of the said Entries or payment of the said Duties or other cause whatsoever touching or concerning the same if he live in a Market Town out of the said Town if he live out of a Market Town then to no other place then to the next Market Town to his habitation in the same County on the Market day The powers of the Commiss oners to appoint Gagers The powers of the Gagers And be it further Enacted and Ordained by the Authority aforesaid That the Commissioners who shall be appointed by his Majesty for putting this Act in execution and their Sub-Commissioners in their respective circuits and divisions shall hereby have power to constitute under their Hands and Seals such and so many Gagers as they shall find néedful Which Gagers and every of them shall at all times as well by Night as by Day And if by Night then in the presence of a Constable or other lawful Officer be permitted upon their request to enter the House Brew-house Distilling-house and all other Houses and Places whatsoever belonging to or used by any Brewer Inn-kéeper Victualler or other Retailer of Béer Brewing or Making the same as aforesaid or by any Distiller of Strong-Waters or Retailer of other the Liquors aforesaid And to Gage all Coppers Fat 's and Vessels in the same and to take an accompt of Béer Ale Worts Perry Strong-Waters Aquavite Metheglin or other the Liquors aforesaid in the said Houses Places and Vessels from time to time Brewed or Made and Distilled and thereof to make Return or Report in Writing to the said Commissioners or Sub-Commissioners of Excise under whose Office and Limits such Brewer Retailer Distiller or Maker of the Liquors aforesaid doth dwell and inhabit leaving a true Copy of such Return in writing under his hand with such Brewer Retailer Distiller or Makers of the Liquors aforesaid And such Reports or Returns of the said Gagers shall be a charge upon the said Brewers Makers and Retailers respectively And if any such common Brewer Maker or Retailer shall refuse to permit any such Gager or Gagers to enter his Brew-house or any other places aforementioned or to gage or take accompt of his Brewing-Vessels or any such Béer Ale Worts Perry Syder Strong-Water Aquavite Metheglin or other the Liquors aforesaid such Brewer Retailer or Distiller shall be forthwith forbidden by the said Gager or Gagers to sell carry out or deliver to any of his Customers any Béer Ale Strong-Water Aquavite or other the Liquors aforesaid And if any such Brewer Penalty for selling c. not having cleared the Excise Retailer or Distiller of any the Liquors aforesaid after such warning given shall sell carry or deliver out the same or any part thereof not having paid and cleared the duty of Excise such person and persons shall besides the forfeiture of double the value forfeit and lose the sum of Ten pounds as aforesaid for every offence to be levyed and recovered upon his or their Goods and Chattels in manner and form as hereafter in this Act is provided Proportions to be observed in returns of Gagers And for the avoiding of all Incertainty and dispute touching the returns made or to be made by the Gagers of any Béer or Ale so Brewed as aforesaid Be it enacted and declared by the Authority aforesaid That every six and thirty Gallons of Béer taken by the Gage according to the Standard of the Ale-quart four whereof shall make the Gallon remaining in the custody of the Chamberlains of his Majesties Exchequer shall be reckoned accompted and returned by the Gager for a Barrel of Béer And every two and thirty Gallons of Ale taken by the Gage according to the same Standard shall be in like manner reckoned accompted and returned for a Barrel of Ale And all other the Liquors aforesaid according to the Wine-gallon Brewers and Retailers to observe the usual rates and prizes Provided alwayes and be it Enacted and Ordained by the Authority aforesaid That no Brewers or Retailers of Béer and Ale shall take any more in the price thereof upon Sale of the same then according to the usual Rates and Prices saving that every common Brewer shall and may take and receive of all and every person and persons to whom he shall sell and deliver any Béer or Ale the Excise thereupon due as aforesaid over and above the usual Rates and Prizes Encouragement to Brewers to make true Entries And be it Enacted by the Authority aforesaid That for the better encouragement of all common Brewers or Makers of Béer or Ale to make due entry and payment thereof according as by this Act is appointed the said common Brewer not selling the same by Retail for and in consideration of waste by fillings and leakage of their Béer and Ale shall have and be allowed out of the said Returns made by the Gagers Allowance for Waste and Leakage the several allowances and abatements hereafter mentioned that is to say upon every thrée and twenty Barrels of Beer whether strong or small returned by the said Gagers thrée Barrels And upon every two and twenty Barrels of Ale whether strong or small returned by the Gagers two Barrels which said allowances and abatements the said Commissioners to be appointed as aforesaid and their Sub-Commissioners are hereby authorized to allow and make accordingly Forfeiture for making false Entrâ—es Provided alwayes That where any common Brewer shall wittingly or willingly make a false Entry and be convicted for the same before the Commissioners to be appointed as aforesaid or any two of them or before such other person or persons as are hereafter by this Act appointed in that case such Brewer or Brewers shall forfeit and lose over and besides the penalties before mentioned the said allowance so to be made for six moneths then next ensuing No Beer c. to be delivered by the Brewer until the Excise be paid by the Retailer And be it Enacted and Ordained by the Authority aforesaid That no Béer or Ale shall be delivered in by such Brewer or Maker thereof to any Victualler or any Retailer thereof untill the Rate which by such Victualler or Retailer is to be paid over and above the price of the said Béer or Ale for or in respect
of this duty be first paid and satisfied by the said Victualler or Retailer to the Brewer or Maker thereof Provided alwayes That if any person or persons shall brew and sell by retail any small quantities of béer or ale in any Fair within this Realm Proviso for Beer and Ale sold in Fairs or Dominions aforesaid who is not otherwise any common or usual Brewer or Retailer thereof and shall before any such selling and retailing thereof well and truly pay and satisfie the duty due for the same to the Commissioners or Sub-Commissioners within whose Limits or Division the said Fair shall be held or to their Officers thereunto appointed Then such person or persons so brewing or retailing the same and for so much and no more nor otherwise shall be freed and discharged from all penalties and forfeitures in and by this Act before mentioned and imposed Any thing therein contained to the contrary notwithstanding Provided nevertheless that it shall and may be lawful to and for the said Commissioners The Commissioners may compound for the Excise in their Divisions and Sub-Commissioners respectively to compound for this Duty with any Inn-kéeper Victualler Alehouse-kéeper or Retailer of Béer Ale and other the Liquors aforesaid within their respective Divisions from time to time and in such manner and form as may be most for the advantage and improvement of the receipts thereof Any thing in this Act before contained to the contrary notwithstanding And it is further Ordained and Enacted by the Authority aforesaid That the Lord Treasurer The power of the Lord Treasurer c. to contract for farming any the rates or duties in this Act. or Commissioners of the Treasury for the time being or such other person or persons as His Majesty His Heirs and Successors shall appoint shall have power and are hereby authorised and impowered from time to time to treat contract conclude and agrée with any person or persons for or concerning the Farming of all or any the Rates Duties and Charges in this Act mentioned upon Béer Ale Perry Syder or other the Liquors aforesaid in any the respective Counties Cities or Places of this Realm or Dominions thereof as may be for the greatest benefit and advantage of the said Receipt so as the same excéed not the term of Thrée years And be it further Enacted That every such Contract Bargain and Agréement of the Lord Treasurer or Commissioners of the Treasury or other persons aforesaid on behalf of His Majesty on the one part and the person or persons farming on the other part shall be good and effectual in Law to all intents and purposes Provided alwayes to the end the aforesaid duty may be paid with most ease to the people Persons to be approved by the Iustices of the Peace c. within six moneths to have the refusal of contracting for the Excise in these respective Counties It is hereby further Enacted That the Lord Treasurer Commissioners of the Treasury or other persons aforesaid shall not within six moneths after the Commencement of this Act treat conclude or agrée with any person or persons touching the Farming of this duty upon Béer and Ale in any the respective Counties or Places of this Realm or Dominions thereof other then with such person or persons as by the Iustices of Peace of the said Counties or places or the major part of them at their publick Quarter Sessions shall be nominated and appointed in that behalf which person or persons is to have the first refusal of any such Farm respectively and may take the same Any thing in this Act to the contrary thereof in any wise notwithstanding Provided that the said duty shall not be let to any person or persons then to the person or persons recommended by the Iustices under the rate that it shall be tendred to and refused by such person or persons so recommended And be it further Enacted and Ordained by the Authority aforesaid Forfeiture and offences within this Act how to be determined That all forfeitures and offences made done and committed against this Act or any clause or article therein contained shall be heard adjudged and determined by such person or persons and in such manner and form as hereafter in and by this Act is directed and appointed that is to say all such forfeitures and offences made and committed within the immediate limits of the chief Office in London shall be heard London adjudged and determined by the said chief Commissioners and Governors of Excise appointed by His Majesty or the major part of them or by the Commissioners for Appeals and regulating of this duty or the major part of them in case of Appeal and not otherwise Counties Cities c. within this Kingdom And all such forfeitures and offences made and committed within all or any other the Counties Cities Towns or Places within this Kingdom or Dominions thereof shall be heard and determined by any two or more of the Iustices of the Peace residing near to the place where such forfeitures shall be made or offence committed Neglects of the Iustices And in case of neglect or refusal of such Iustices of the Peace by the space of fourtéen dayes next after complaint made and notice thereof given to the Offender then the Sub-Commissioners or the major part appointed for any such City County Town or Place shall and are hereby impowered to hear and determine the same And if the party find himself aggrieved by the Iudgment given by the said Sub-Commissioners he shall and may appeal to the Iustices of the Peace at the next Quarter Sessions who are hereby impowered and authorised to hear and determine the same whose Iudgment therein shall be final which said Commissioners for Appeals and regulating of this duty and the chief Commissioners for Excise and all Iustices of Peace and Sub-Commissioners aforesaid respectively are hereby authorised and strictly enjoyned and required upon any complaint or information exhibited and brought of any such forfeiture made or offence committed contrary to this Act to summon the party accused and upon his appearance or contempt to procéed to the examination of the matter of Fact and upon due proof made thereof either by the voluntary confession of the party or by the oath of one or more credible witnesses which Oath they or any two or more of them have hereby power to administer to give Iudgment or Sentence Levying the forfeitures according as in and by this Act is before ordained and directed And to award and issue out Warrants under their hands for the levying of such forfeitures penalties and fines as by this Act is imposed for any such offence committed upon the Goods and Chattels of the Offender and to cause Sale to be made of the said Goods and Chattels if they shall not be redéemed within fourtéen days rendring to the party the overplus if any be and for want of sufficient Distress to imprison the party
offending till satisfaction be made Power to mitigate the forfeitures Provided nevertheless That it shall and may be lawful to and for the said respective Iustices of Peace Commissioners for Excise or any two of them or their Sub-Commissioners respectively from time to time where they shall sée cause to mitigate compound or lessen such forfeiture penalty or fine as in their discretion they shall think fit And that every such mitigation and payment thereupon accordingly made shall be a sufficient discharge of the said penalties and forfeitures to the persons so offending so as by such mitigation the same be not made less than double the value of the duty of Excise which should or ought to have béen paid besides the reasonable costs and charges of such Officer or Officers or others as were imployed therein to be to them allowed by the said Iustices any thing in this Act to the contrary in any wise notwithstanding How the forfeitures shall be imployed And it is hereby further Enacted and Ordained That all Fines Forfeitures and Penalties mentioned in this Act all necessary charges for the recovery thereof being first deducted shall be imployed thrée fourth parts thereof to and for the use of the Kings Majesty and one fourth part to the Discoverer or Informer of the same And for the better managing collecting securing levying and recovering of all and every the said rates and charges of Excise hereby imposed and set upon all or any of the Commodities before mentioned One principal Office of Excise erected in London to the end the same may be paid and disposed of according to the intent of this present Act Be it further Enacted and Ordained by the authority aforesaid and it is hereby Enacted That one principal Head-Office shall be erected and continued in the City of London or within ten miles thereof from time to time as long as his Majesty shall think fit for this duty unto which all other Offices for the same within England and Wales and the Town and Port of Berwick shall be subordinate and accomptable Which said Office shall be managed by such Officers as shall be appointed by the Kings Majesty as aforesaid who or any two of them are hereby appointed and constituted Commissioners and Governours for the management of His Majesties Receipt of the Excise and to sit in some convenient place in the City of London or within ten miles thereof from time to time as long as his Majesty shall think fit And be it Enacted by the Authority aforesaid That no person or persons shall be capable of intermedling with any Office or Imployment relating to the Excise until he or they shall before two or more Iustices of Peace in the County where his or their imployments shall be or before one of the Barons of the Exchequer take the Oaths of Allegiance and Supremacy which Oaths they have hereby power to Administer together with this Oath following Mutatis Mutandis The Oath YOU shall swear to execute the Office of _____ truly and faithfully without Favour or Affection and shall from time to time true Accompt make and deliver to such person and persons as His Majesty shall appoint to receive the same and shall take no Fee or Reward for the Execution of the said Office from any other person than from His Maiesty or those whom His Majesty shall appoint in that behalf London Westminster c. to be under the management of the chief Office And be it further Enacted by the Authority aforesaid That every such Iustice of Peace shall certify the taking of such Oath to the next Quarter-Sessions there to be Recorded And it is further Enacted That all parts of the Cities of London and Westminster with the Burrough of Southwark and the several Suburbs thereof and Parishes within the wéekly Bills of Mortality shal be under the immediate care inspection and management of the said Head-Office and such and so many subordinate Commissioners All Commissioners c. to be nominated by his Maiesty and Sub-Commissioners and other Officers and Ministers for the Execution of the Premisses shall be from time to time nominated and appointed by His Maiesty his Heirs and Successors in all and every other the Counties Cities Towns and Places within this Kingdom of England Dominion of Wales and Port of Berwick as from time to time his Majesty his Heirs and Successors shall think fit And it is hereby further Enacted That the said Office of Excise in all places where it shall be appointed shall be kept open from eight of the Clock in the morning Times in which the Office shall be kept open till twelve of the Clock at noon and from two of the Clock in the Afternoon till five of the Clock in the Afternoon for the due execution and performance of all and every the matters and things in this Act appointed and required And it is further hereby Enacted That the said Chief Commissioners of Excise or the major part of them shall from time to time issue forth and pay such sum and sums of money as shall from time to time be received collected or levyed by vertue of this Act into his Majesties Receipt of Exchequer The general â—â—â—ue pleadable in any action upon this Statute Provided alwayes and be it Enacted That if any person or persons shall at any time be sued or prosecuted for any thing by him or them done or executed in pursuance of this Act he or they shall and may plead the general issue and give this Act in evidence for his defence and if upon the Tryal a Verdict shall pass for the Defendant or Defendants or the Plaintiff or Plaintiffs be Non-suit then such Defendant or Defendants shall have double costs to him or them awarded against such Plaintiff or Plaintiffs Writs of Certiorari no supersedeas Provided also and be it Enacted That no Writ or Writs of Certiorari shall supersede Execution or other Procéedings upon any Order or Orders made by the Iustices aforesaid in pursuance of this Act but that Execution and other procéedings shall and may be had and made thereupon any such Writ or Writs or allowance thereof notwithstanding Proviso as to the Act of General pardon Provided That this Act or any thing therein contained shall not extend or be construed to extend in any matter to weaken or invalidate one Act of this present Parliament Entituled An Act of Free and General Pardon Indempnity and Oblivion but that every Clause Article Matter and thing therein mentioned and comprised shall notwithstanding this Act or any matter or thing therein remain good and valid and be of the same force vertue and effect as if this Act had never béen made Provided alwayes and be it further Enacted That this Act or any thing therein contained Proviso concerning Ed. Backwell shall not be prejudicial to Edward Backwell Alderman of London as to the sum of twenty eight thousand four hundred
and fifty pounds or any part thereof by him advanced upon the Credit of several Orders of this present Parliament and by them charged on the receipt of the Grand Excise that is to say the sum of Five thousand pounds payable to his Majesties Surveyor-General for the repair of his Majesties houses charged by vertue of an Order of the sixth of September 1660. with Interest for the same the sum of ten thousand pounds advanced to her Highness the Princes Royal being charged with Interest by an Order of the 13th of September 1660. the sum of ten thousand pounds payable to her Majesty the Quéen of Bohemia being charged together with Interest by an Order of the 13th of September 1660. the sum of thrée thousand four hundred and fifty pounds payable for Provisions for Dunkirk by Order of the 26th of November 1660. which sum of twenty eight thousand four hundred and fifty pounds together with Interest for the same according to the tenor of the said Orders after the rate of six per Cent. shall be paid to the said Edward Backwell or his Assigns out of the Grand Excise and the Arrears thereof in course as is by the said Orders appointed and in case the same shall fall short in payment by the Twenty fifth of December One thousand six hundred and sixty that then the remainder shall continue secured to him out of the whole Excise in course as aforesaid and that no other payments be made out of the Excise but what is appointed by this present Parliament in course to precede the same untill the said debt due to the said Edward Backwell be satisfied and that in case any part of the monies due to Alderman Backwell be paid out of that part of the Excise which shall grow due to the Kings Majesty that then his Majesty shall be reimbursed the same out of the first monies that shall come in of the Arrears of Excise that will be due the said twenty fifth of December Stat. 13 Car. 2. cap. 7. CAP. XXV The Selling of Wines by Retail and for preventing Abuses in the Mingling and Corrupting of Wines and for setting the Prices thereof FOR the better Ordering of Selling of Wines by Retail in Taverns and other places and for the preventing of Abuses therein Be it Enacted by the Kings most Excellent Majesty by and with the consent of the Lords and Commons in Parliament Assembled and by the Authority of the same That no person or persons whatsoever from and after the Five and twentieth day of March one thousand six hundred sixty one unless he or they be authorized and enabled in manner and form as in this present Act is prescribed and appointed shall sell or utter by retail that is by the Pint Quart Pottle or Gallon or by any other greater or lesser retail measure any kind of Wine or Wines to be drunk or spent within his or their Mansion-houses or houses or such other place in his or their tenure or occupation or without such Mansion-house or houses or such other place in his or their tenure or occupation by any colour craft or mean whatsoever The penalty of unlawful uttering wine by retail upon pain to forfeit for every such offence the sum of five pounds the one moyety of every such penalty to be to our Soveraign Lord the King the other moyety to him or them that will sue for the same by Action of Debt Bill Plaint or Information in any of the Kings Courts of Record in which Action or Suit no Essoign Wager of Law or Protection shall be allowed And be it further Enacted by the Authority aforesaid That it shall and may be lawful to and for his Majesty his Heirs and Successors from time to time His Majesty may issue out Commissions to license the uttering wine to issue out under His or their Great Seal of England one or more Commission or Commissions directed to two or more persons thereby Authorizing them to License and give Authority to such person or persons as they shall think fit to sell and utter by retail all and every or any kind of Wine or Wines whatsoever to be drunk and spent as well within the house or houses or other place in the tenure or occupation of the party so Licensed as without in any City Town or other place within the Kingdom of England Dominion of Wales and Town and Port of Berwick upon Tweed and such persons as from time to time or at any time hereafter shall be by such Commission or Commissions as aforesaid in that behalf appointed shall have power and authority and hereby have power and authority to treat and contract for License authority and dispensations to be given and granted to any person or persons for the selling and uttering of Wines by retail in any City Town or other place as aforesaid according to the rules and directions of this present Act and the true intent and meaning thereof and not otherwise any Law Statute Vsage or Custome to the contrary in any wise notwithstanding And be it further Enacted by the authority aforesaid His Majesties Agents for granting wine Licenses may grant Licenses not exceeding 21 years if the person so long live Rent reserved but no â—ine to be taken That such persons as shall be Commissioned and appointed by his Majesty his Heirs or Successors as aforesaid shall be and be called His Majesties Agents for granting Licenses for the selling and uttering of Wine by retail And his Majesties said Agents are hereby authorized and enabled under their Seal of Office the same to be appointed by his Majesty to grant Licence for the selling and uttering of Wines by retail to any person or persons and for any time or term not excéeding 21 years if such person and persons shall so long live and for such yearly rent as they can or shall agrée and think fit so as no Fine be taken for the same But that the rent and sums of money agréed upon and reserved be paid and answered half yearly by equal portions during the whole Term. Licenses only to such as personally use the Trade And be it further Enacted by the Authority aforesaid That such Licence shall not be given or granted but to such who shall personally use the Trade of selling or uttering of Wines by retail or to the Landlord and owner of the house where the person using such Trade shall sell and utter Wine by retail Wine Licenses not assignable The King may appoint Officers as he shall think fit nor shall the same be assignable nor in any wise beneficial or extensive to indemnify any person against the penalties of this present Act except the first taker And be it further Enacted by the Authority aforesaid That it shall and may be lawful to and for his Majesty His Heirs and Successors to constitute and appoint such and so many other Officers and Ministers as a Receiver Register Clerk Controller Messenger
or the like for the better carrying on of this service Not exceeding six pence in the pound for their salaries The Revenue to be paid into the Exchequer and not to be charged with any gift or Pension as He and they shall think fit so as the Salaries and Wages of all such Officers to be appointed together with the Salary or wages of his Majesties said Agents do not excéed six pence in the pound of the Revenue that shall hence arise And be it further Enacted by the Authority aforesaid That the Rents Revenues and sums of Money hence arising except what shall be allowed for the Wages and Salaries of such Officers and Ministers which is not to excéed six pence out of every pound thereof shall be duly and constantly paid and answered into his Majesties Receipt of Exchequer and shall not be particularly charged or chargable either before it be paid into the Exchequer or after with any gift or Pension And his Majesties said Agents are hereby enjoyned and required to return into the Court of Exchequer The Agents to return into the Exchequer in Michaelmas Easter Terms what Licenses they have granted every Michaelmas and Easter Terms upon their Oaths which Oaths the Barons of the Exchequer or any one of them are hereby authorized to administer a Book fairly written containing a full and true account of what Licences have béen granted the preceding half year and what Rents and sums of money are thereupon reserved and have béen paid or are in arrear together with the securities of the persons so in arrear to the end due and spéedy process may be made out according to the course of the Exchequer for the recovery of the same Proviso for the two Vniversities and their priviledges Provided alwayes That this Act nor any thing therein contained shall not in any wise be prejudicial to the priviledg of the two Vniversities of the Land or either of them nor to the Chancellors or Scholars of the same or their Successors but that they may use and enioy such priviledges as heretofore they have lawfully used and enjoyed any thing herein to the contrary notwithstanding Proviso for the Society of the Vintners of London Provided also That this Act or any thing therein contained shall not extend or be prejudicial to the Master Wardens Fréemen and Commonalty of the Mystery of Vintners of the City of London or to any other City or Town Corporate but that they may use and enjoy such Liberties and Priviledges as heretofore they have lawfully used and enjoyed any thing herein contained to the contrary notwithstanding Proviso for the Burrough of St. Albans Provided also and be it Enacted by the Authority aforesaid That this Act or any thing therein contained shall not in any wise extend to debar or hinder the Mayor and Burgesses of the Burrough of St. Albans in the County of Hertford or their Successors from enjoying using and exercising of all such Liberties Powers and Authorities to them heretofore granted by several Letters Patents under the Great Seal of England by Queen Elizabeth and King James of famous memories for the erecting appointing and Licensing of thrée several Wine-Taverns within the Burrough aforesaid for and towards the maintenance of the Frée-School there but that the same Liberties Powers and Authorities shall be and are hereby established and confirmed and shall remain and continue in and to the said Mayor and Burgesses and their Successors to and for the charitable use aforesaid and according to the tenor of the Letters Patents aforesaid as though this Act had never béen made any thing herein contained to the contrary in any wise notwithstanding Fâ—es of the Officers Provided also That it shall not nor may be lawfull to or for any Officer or Officers to be appointed by his Majesty for the carrying on of this service to take demand or receive any Fées Rewards or sums of money whatsoever for or in respect of this Service other then five shillings for a Licence Four pence for an Acquittance and six pence for a Bond under the penalty of ten pounds one moyety thereof to the Kings Majesty the other moyety to the person or persons who shall sue for the same by Action of Debt Bill Plaint or Information wherein no Wager of Law Essoign or Protection shall be allowed any thing herein or any other matter or thing to the contrary notwithstanding There shall be no mixture of other wines or things And it is hereby further Enacted by the Authority aforesaid That no Merchant Vintner Wine-Cooper or other person selling or retailing any Wine shall mingle or utter any Spanish Wine mingled with any French Wine or Rhenish Wine Syder Perry Honey Sugar Syrups of Sugar Molasses or any other Syrups whatsoever nor put in any Isinglass Brimstone Lime Raisins Iuice of Raisins Water nor any other Liquor nor Ingredients nor any Clary or other herb nor any sort of flesh whatsoever And that no Merchant Vintner Wine-Cooper or other person selling or retailing any Wine shall mingle or utter any French Wines mingled with any Rhenish Wines or Spanish Wines Syder Perry Stummed Wine Vitriol Honey Sugar Syrup of Sugar Molasses or any Syrups whatsoever nor put in any Isinglas Brimstome Lime Raisins Iuice of Raisins Water nor any other Liquor or Ingredients nor any Clary or other herb nor any sort of flesh whatsoever And that no Merchant Vintner Wine-Cooper or other person selling or retailing any wine shall mingle or utter any Rhenish-Wine mingled with any French Wines or Spanish Wines Syder Perry Stummed Wine Vitriol Honey Sugar Syrups of Sugar Molasses or any other Syrups whatsoever nor put in any Isinglass Brimstone Lime Raisins Iuice of Raisins Water nor any other Liquor or Ingredients nor any Clary or other herb nor any sort of flesh whatsoever The penalties or mingling or abusing any Wines And that all and every person and persons committing any of the offences aforesaid shall incur the pains and penalties herein after mentioned That is to say Every Merchant Wine-Cooper or other person selling any sort of Wines in gross mingled or abused as aforesaid shall forfeit and lose for every such offence one hundred pounds And that every Vintner or other person selling any sorts of Wine by retail mingled or abused as aforesaid shall forfeit and lose for every such offence the sum of Forty pounds of which forfeitures one moyety shall go unto the Kings Maiesty his Heirs and Successors the other moyety to the Informer to be recovered in any Court of Record by Action of Debt Bill Plaint or Information wherein no Essoign Protection or Wager of Law shall be allowed Provided alwayes And be it Enacted That from and after the first day of September The Prises of Wines One thousand six hundred sixty and one no Canary-Wines Muskie or Alegant or other Spanish or swéet Wines shall be sold or uttered by any person or persons within his Majesties
possible for the enemies of God and the King to bring upon us whilst the Fanatick Rage of a few Miscreants who were as far from being true Protestants as they were from being true Subjects stands imputed by our Adversaries to the whole Nation We therefore your Majesties said dutiful and Loyal Subjects the Lords and Commons in Parliament Assembled do hereby renounce abominate and protest against that Impious fact the execrable Murther and most unparallel'd Treason committed against the Sacred person and life of our said late Soveraign Your Maiesties most Royal Father and all procéedings tending thereunto and do beséech Your most Excellent Majesty that it may be declared That by the undoubted and Fundamental Laws of this Kingdom neither the Péers of this Realm nor the Commons nor both together in Parliament nor the people collectively or representatively nor any other persons whatsoever ever had have hath or ought to have any Coercive power over the persons of the Kings of this Realm And for the better vindication of our selves to posterity and as a lasting Monument of our otherwise inexpressible detestation and abhorrency of this villanous and abominable Fact We do further beséech Your most Excellent Majesty that it may be Enacted And be it hereby Enacted by the Kings most Excellent Majesty A yearly Anniversary of Humiliation on the â—0th of Ian. for ever by and with the advice and consent of the Lords and Commons in this present Parliament Assembled That every thirtieth day of January unless it falls out to be upon the Lords day and then the day next following shall be for ever hereafter set apart to be kept and observed in all the Churches and Chappels of these Your Majesties Kingdoms of England and Ireland Dominion of Wales and Town of Berwick upon Tweed and the Isles of Jersey and Guernsey and all other Your Majesties Dominions as an Anniversary day of Fasting and Humiliation to implore the Mercy of God that neither the guilt of that Sacred and Innocent Blood nor those other sins by which God was provoked to deliver up both us and our King into the hands of cruel and unreasonable men The attainder of the persons actively instrumental in the Murther of his late Majesty may at any time hereafter be visited upon us or our posterity And whereas Oliver Cromwel deceased Henry Ireton deceased John Bradshaw deceased and Thomas Pride deceased John Lisle William Say Sir Hardress Waller Valentine Wauton Thomas Harrison Edward Whalley William Heveningham Isaac Penington Henry Martin John Barkstead Gilbert Millington Edmund Ludlow Sir Michael Livesey Robert Titchbourn Owen Row Robert Lilburn Adrian Scroop John Okey John Hewson William Goffe Cornelius Holland Thomas Challoner John Carew John Jones Miles Corbet Henry Smith Gregory Clement Thomas Wogan Edmond Harvy Thomas Scot William Cawley John Downs Nicholas Love Vincent Potter Augustine Garland John Dixwel George Fleetwood Simon Meyne James Temple Peter Temple Daniel Blagrave Thomas Wayte John Cook Andrew Broughton Edward Dendy William Hewlet Hugh Peters Francis Hacker Daniel Axtel are notoriously known to have béen wicked and active Instruments in the prosecution and compassing that Trayterous Murther of his late Majesty for which the said Sir Hardress Waller Thomas Harrison William Heveningham Isaac Penington Henry Martin The names of the persons cryed and legally attainted Gilbert Millington Robert Titchbourn Owen Row Robert Lilbourn Adrian Scroop John Carew John Jones Henry Smith Gregory Clement Edmond Harvy Thomas Scot John Downs Vincent Potter Augustine Garland George Fleetwood Simon Meyne James Temple Peter Temple Thomas Wayte John Cook William Hewlet Hugh Peters Francis Hacker and Daniel Axtel have already received their Tryal at Law and by Verdict or their own Confession have béen convicted and by Iudgment of Law thereupon had do now stand duly and legally attainted of whom ten persons that is to say Thomas Harrison Adrian Scroop John Carew John Jones Thomas Scot The ten persons executed Gregory Clement John Cook Hugh Peters Francis Hacker and Daniel Axtel have most deservedly suffered the pains of death and béen executed according to Law and the said John Lisle The persons fled William Say Valentine Wauton Edward Whalley John Barkstead Edmond Ludlow Sir Michael Livesey John Okey John Hewson William Goffe Cornelius Holland Thomas Challoner Miles Corbet William Cawley Nicholas Love John Dixwell Daniel Blagrave Andrew Broughton and Edward Dendy are fled from Iustice not daring to abide a Legal Tryal May it therefore please your Majesty that it may be Enacted And be it Enacted by the Authority of this present Parliament The persons dead before they could be brought to tryal attainted The persons fled attainted That the said Oliver Cromwell deceased Henry Ireton deceased John Bradshaw deceased and Thomas Pride deceased shall by vertue of this Act be adjudged to be Convicted and Attainted of High Treason to all intents and purposes as if they and every of them respectively had béen Attainted in their lives And also that John Lisle William Say Valentine Wanton Edward Whalley John Barkstead Edmond Ludlow Sir Michael Livesey John Okey John Hewson William Goffe Cornelius Holland Thomas Challoner William Cawley Miles Corbet Nicholas Love John Dixwell Daniel Blagrave Andrew Broughton Edward Dendy and every of them stand and be adjudged and by Authority of this present Act Convicted and Attainted of High Treason Their Lands Tenements c. forfeited vested in his Majesty And that all and every the Manors Messuages Lands Tenements Rents Reversions Remainders Possessions Rights Conditions Interests Offices Fées Annuities and all other the Hereditaments Leases for years Chastels real and other things of that nature whatsoever they be of them the said Oliver Cromwell Henry Ireton John Bradshaw Thomas Pride John Lisle William Say Valentine Wauton Edward Whalley John Barkstead Edmond Ludlow Sir Michael Livesey John Okey John Hewson William Goffe Cornelius Holland Thomas Challoner William Cawley Miles Corbet Nicholas Love John Dixwell Daniel Blagrave Andrew Broughton Edward Dendy Thomas Harrison Adrian Scroop John Carew John Jones Thomas Scot Gregory Clement Hugh Peters Francis Hacker John Cook Daniel Axtel Sir Hardress Waller William Heveningham Isaac Penington Henry Martin Gilbert Millington Robert Titchbourn Owen Row Robert Lilbourn Henry Smith Edmond Harvey John Downs Vincent Potter Augustine Garland George Fleetwood Simon Meyne James Temple Peter Temple Thomas Wayte which they or any of them or any other person or persons to their or any of their uses or in trust for them or any of them had the Five and twentieth day of March Whereof they were seised or any for them 25 March 1646. in the year of our Lord One thousand six hundred forty and six or at any time since shall stand and be forfeited unto Your Majesty Your Heirs and Successors and shall be déemed vested and adjudged to be in the actual and real possession of your Majesty without any Office or Inquisition thereof hereafter to be taken or found And also
de droyt Ouster le maine or other Suit to his Maiesty enter on the premisses in his Majesties possession or in the possession of his Successors and Patentées their Heirs or Assigns in such manner to all intents as he or they might have done on the possession of the said Offenders their Heirs or Assigns in or upon the said twenty fifth day of March or at any time since Any thing in this Act to the contrary in any wise notwithstanding Proviso for such as have received paid their Rents to the Offenders Provided also That all and every person and persons which have received any of the Rents or mean profits of in or out of any the Lands Tenements and Hereditaments Chattels real or Possessions of any of the Offender or Offenders in this Act mentioned before the Eleventh day of February One thousand six hundred fifty and nine and have paid or accounted for the same before she said Eleventh day of February One thousand six hundred fifty and nine unto the said Offender or Offenders or their Assigns or to any claiming from or under them shall be clearly and for ever acquitted and discharged of and from the same against the Kings Majesty His Heirs and Successors any thing herein contained to the contrary notwithstanding Proviso for Richard Ingoldsby Provided alwayes That it shall and may be lawful to and for Richard Ingoldsby to retain and kéep or otherwise to sell and dispose all and singular the Goods and Chattels formerly belonging to Sir Hardress Waller in the Kingdom of Ireland untill two thousand pounds for which the said Richard Ingoldsby in the year One thousand six hundred fifty eight stood joyntly bound with the said Sir Hardress Waller unto James Brooks of the City of York Alderman and was then counter-secured by a Iudgment upon his Lands and since by a Déed of Bargain and Sale of the said Goods and Chattels in Ireland be fully paid together with the Interest thereof he the said Richard Ingolsby accounting for and paying the full overplus thereof if any shall be unto our Soveraign Lord the King Any thing herein before contained to the contrary notwithstanding St. 13 Car. 2. cap. 7. CAP. XXXI Leases and Grants from Colledges and Hospitals Confirmed CAP. XXXII Exportation of Wooll Woolfells Fullers Earth or any kind of Scouring Earth Prohibited FOR the better preventing and avoiding of such Losses and Inconveniencies as have happened and daily do and may happen to the Kingdom of England and Dominion of Wales and to the Kingdom of Ireland by and through the secret and subtile exportation and transportation and by and through the subtile carrying and conveying away of Wooll Woolfels Mortlings Shorlings Yarn made of Wooll Woolflocks Fullers Earth and Fulling Clay out of and from the Kingdoms and Dominion aforesaid and for the better setting on work the poor people and Inhabitants of the Kingdoms and Dominion aforesaid And to the intent that the full and best use and benefit of the principal native Commodities of the same Kingdoms and Dominion may come redound and be unto and amongst the Subjects and Inhabitants of the same and not unto or amongst the Subjects and Inhabitants of the Realm of Scotland or of any Forreign Realms or States as the same now of late in some great measure hath done and is further likely to do if some severer punishment than heretofore be not speedily inflicted upon such Offenders as shall be Actors or Assistants in and to such Exportation and Transportation and in and to such carrying and conveying thereof as aforesaid Be it Enacted by the Kings most Excellent Majesty No person after the 14. of Jan. 1660. shall export any Sheep or Wooll Wool-fells Mortlins Shorlings Yarn Woolflocks Fullers Earth Fulling Clay the Lords and Commons in this present Parliament assembled and by the Authority of the same That no person or persons whatsoever from and after the fourtéenth day of January One thousand six hundred and thréescore shall directly or indirectly Export Transport carry or convey or cause or procure to be Exported Transported carried or conveyed out of or from the Kingdom of England or Dominion of Wales or Town of Berwick upon Tweed or out of or from the Isles of Jersey or Guernsey with Sarke and Alderney being under the Government of Guernsey aforesaid or out of or from any of them or out of or from the Kingdom of Ireland aforesaid into any parts or places out of the Kingdoms Isles or Dominion aforesaid any Shéep or Wooll whatsoever of the bréed or growth of the Kingdoms of England or Ireland or Isles or Dominion aforesaid Or any Woolfells Mortlings or Shorlings or any Yarn made of Wooll or any Woolflocks or any Fullers Earth or any Fulling Clay whatsoever nor shall directly or indirectly pack or load Nor carry load or board any Sheep Wooll c. or cause to be packed or loaded upon any Horse Cart or other Carriage or Load or lay on board or cause to be loaden or laid on board in any Ship or other Vessel in any Place or Port within the Kingdoms of England or Ireland or Town of Berwick or Isles or Dominion aforesaid any such Shéep Wool Wool-fells Mortlings Shorlings Yarn made of Wooll or Woolflocks or any Fullers Earth or Fulling Clay to the intent or purpose to export transport carry or convey the same or to cause the same to be exported transported carried or conveyed out of the Kingdoms of England and Ireland Town of Berwick Isles or Dominion aforesaid or with intent or purpose that any other person or persons should so export transport carry or convey the same into any parts or places out of the Kingdoms of England and Ireland Town of Berwick Isles or Dominion aforesaid into the Kingdom of Scotland or any forreign parts And be it further Enacted by the Authority aforesaid That no Wooll Woolfells Mortlings No Wooll Woolfells c. after the 14. of Ian. 1660. to be carried into Wales Ireland c. Except Shorlings Yarn made of Wooll Woolflocks or any Fullers Earth or Fulling Clay shall be from and after the fourtéenth day of January in the year of our Lord one thousand six hundred and thréescore exported transported carried or conveyed out of the Kingdom of England and Dominion of Wales or Town of Berwick or Kingdom of Ireland or out of any Port or Place of the said Kingdoms respectively unto the Isles of Jersey or Guernsey or to Sarke or Alderney except as in this Act shall be hereafter limited or appointed And be it further Enacted by the authority aforesaid The Penalties That all and every the Offender and Offenders offence and offences aforesaid shall be subject and lyable to the respective pains penalties and forfeitures hereafter following That is to say The said Shéep Woolls Woolfells Mortlings Shorlings Yarn made of Wooll Woollflocks Fullers Earth and Fulling Clay so exported transported carried conveyed packed or loaden contrary to the
true intent of this Act shall be forfeited and that every offender and offenders therein shall forfeit twenty shillings for every such Shéep and thrée shillings for every pound weight of such Wooll Woolfells Mortlings Shorlings Yarn made of Wooll Woollflocks Fullers Earth or Fulling Clay And also the Owners of the said Ships or Vessels knowing such offence shall forfeit all thei◠Interest in the said Ships or Vessels with all their Apparrel and Furniture to them and every of them belonging And that the Master and Mariners thereof knowing such offence and wittingly and willingly aiding and assisting thereunto shall forfeit all their Goods and Chattels and have Imprisonment for the same thrée moneths without Bail or Main-prise the one moyety of which said penalties and forfeitures shall be to the Kings Majesty His Heirs and Successors and the other moyety to him that will sue for the same by Action of Debt Bill Plaint or Information in any of His Majesties Courts of Record or before the Iustices of Assize or in the General Quarter Sessions of the Peace In which Suit no Essoyn protection or wager of Law shall be allowed The penalty upon any Merchant that shall transport woolls c. And be it further Enacted That if any Merchant or other person or persons shall after the said fourtéenth day of January transport or cause to be transported any Shéep Wooll Woolfells Mortlings Shorlings Woollen Yarn Woolflocks Fullers Earth or Fulling Clay contrary to the true intent of this Act and be thereof lawfully convicted That then he shall be disabled to require any Debt or Accompt of any Factor or others for or concerning any Debt or Estate properly belonging to such offender Proviso Provided alwayes and it is nevertheless declared That this Act or any thing therein contained shall not be construed to take away any greater pains or penalties inflicted or to be inflicted for any the offences aforesaid by vertue of any former Act of Parliament now in force Offences against this Act where to be tryed And be it also further Enacted by the authority aforesaid That every offence that shall be done or committed contrary to this Act shall and may be inquired of and heard examined tryed and determined in the County where such Shéep Wooll Woolfells Mortlings Shorlings Yarn made of Wooll Woolflocks Fullers Earth or Fulling Clay respectively shall be so packed loaden or laid aboard as aforesaid contrary to this Act or else in the County where such Offenders shall happen to be apprehended or arrested for such offence in such manner and form and to such effect to all intents and purposes as if the same offence had béen wholly and altogether done and committed at and in such County They to be Prosecuted within a year after the offence committed Any person may seize goods contrary to this Act loaded with intent to be transported and shall have the moyety thereof Provided alwayes and be it Enacted by the Authority aforesaid That no person or persons whatsoever shall at any time hereafter be impeached for any offence aforesaid unless such person or persons shall be prosecuted within the space of one year next ensuing such offence committed And be it further Enacted by the Authority aforesaid That it shall and may be lawful to and for any person or persons to seize take and challenge to his or their own use and behoof and to the use of the King His Heirs and Successors all and all manner such Shéep Wooll Woolfells Mortlings Shorlings Yarn made of Wooll Woollflocks Fullers Earth and Fulling Clay as he or they shall happen to sée finde know or discover to be laid aboard in any Ship or other Vessel or Boat or to be brought carried or laid on shore at or near the Sea or any Navigable River or Water to the intent or purpose to be exported transported or conveyed out of the Kingdoms of England or Ireland Town of Berwick Isles or Dominion aforesaid contrary to the true meaning of this Act or to be packed or loaden upon any Horse Cart or other Carriage to the intent or purpose to be conveyed or carried into the Kingdom of Scotland aforesaid and that such person or persons as shall happen so to seize take or challenge any such Shéep Wooll Woolfells Mortlings Shorlings Yarn made of Wooll Woolflocks Fullers Earth or Fulling Clay as aforesaid shall have the full moyety thereof to all intents and purposes Proviso such person shall not be evidence against the offender Provided alwayes That such Person or Persons as shall make any such Seizure or challenge aforesaid to his or their own use shall not be admitted or allowed to give in Evidence upon his or their Oath or Oaths against any Person or Persons which shall happen to be indicted accused or questioned by vertue of this Act or any thing therein contained Forfeiture of the ship if the owner be an Alien or not Inhabiting in England And furthermore be it Enacted by the Authority aforesaid That all and every ship Vessel Hulk Barge or Boat of what kind soever whereof any Alien born or whereof any natural born Subjects not inhabiting within the Realm of England shall be owner or part-owner and wherein any Shéep Wooll Woolfells Mortlings Shorlings Yarn made of Wool Woolflocks Fullers Earth or Fulling Clay shall happen to be shipped put or laid aboard contrary to the true meaning of this Act shall be forfeited to the Kings Majesty His Heirs and Successors Provided alwayes That this Act shall not extend to any Lamb Skin ready drest and prepared fit and useful for Furr or Lynings Proviso Provided also That this Act shall not in any wise extend to the transporting carrying or conveying away of any such Woolfells or Pelts with such Wooll upon them or to any Beds stuffed with Flocks which shall be carried or imployed in any Ship or other Vessel for necessary use only of and about the Ordnance or other thing in or concerning such Ship or Vessel or only for the necessary use of any the Persons in such Ship or Vessel passing or being and which shall not be sold or uttered in any Forreign parts out of the Kingdoms of England or Ireland Ireland Berwick or Town of Berwick Isles or Dominion aforesaid nor to the exporting transporting carrying or conveying of any Wether-shéep or of the Wooll growing upon any such Wether-shéep to be carried alive in any Ship or other Vessel for and towards the only necessary food or diet of or for the Company or Passengers or other Persons therein and for and towards none other purpose Proviso Southampton Jersey Guernsey Provided alwayes and be it further Enacted That this Act or any thing therein contained shall not extend to any such Wooll to be exported or transported out of or from the Port of Southampton only unto the aforesaid Isles of Jersey and Guernsey by or for the only use or behoof of any the Inhabitants of
continue any such foot-post Horse-post Coach-post or pacquet-Boat as aforesaid which said several and respective Forfeitures shall and may be sued for and recovered by Action or Actions of Debt plaint or Information in any of his Majesties Courts of Record wherein no Essoigne priviledge protection or Wager of Law shall be admitted Proviso where any Post-master doth not provide and the said several and respective forfeitures that shall happen from time to time to be recovered shall be and remain the one moyety thereof to his Majesty and his Heirs and Successors and the other moyety thereof to such person or persons who shall or will inform against the Offender or Offenders against this present Act and shall or will sue for the said forfeitures upon the same Provided alwayes That if any post-Master of any respective place doth not or cannot furnish any person or persons riding in Post with sufficient horses within the space of one half hour after demand That then such person or persons are here understood to be left at liberty to provide themselves as conveniently they can And the persons who shall furnish such horses shall not therefore be liable unto any Penalties or Forfeitures contained in this Act. Provided alwaies That if through default or neglect of the Post-Master General aforesaid Proviso touching Post-masters that do not sufficiently provide horses c. any person or persons riding in Post shall fail as aforesaid of being furnished with a sufficient Horse or Horses for his or their use after demand as aforesaid That in every such case the said Post-Master General shall forfeit the sum of Five pounds sterling the one moyety to his Majesty his Heirs and Successors and the other moyety to him or them who shall sue for the same in any Court of Record to be recovered by Bill Plaint or other Information wherein no Essoigne Protection or other Wager in Law shall be admitted Provided alwayes and be it Enacted Proviso That nothing herein contained shall be understood to prohibit the carrying or recarrying of any Letters or pacquets to or from any Town or place to or from the next respective Post-Road or Stage appointed for that purpose But that every person shall have frée Liberty to send and imploy such persons as they shall think fit for to carry the said Letters or Pacquets as aforesaid without any forfeiture or penalty therefore Any thing contained in this Act to the contrary notwithstanding Proviso against carrying any pacquet out of England in any forreign vessels Provided alwayes That if the Pacquet or Maile shall be carryed out of England into any part beyond the Seas in any ship or Vessel which is not of English built and Navigated with English Seamen That in every such case the said post-Master General shall forfeit the sum of one hundred pounds Sterling The one moyety to his Majesty His Heirs and Successors and the other moyety to him or them who shall sue for the same in any Court of Record to be recovered by Bill Plaint or other Information wherein no Essoigne Protection or other Wager in Law shall be allowed Oaths of Allegiance and Supremacy Provided also and be it Enacted by the Authority aforesaid That no person or persons shall be capable of having using or exercising the Office of post-Master General or any other Imployment relating to the said Office unless he or they shall first take the Oaths of Allegiance and Supremacy before any two Iustices of the peace of the respective Counties wherein such person or persons are or shall be resident which said Iustices are hereby Authorized to administer the said oaths accordingly Proviso Truro Penrin Kendall Lancaster Penrith Carlisle Grimsby Post-Master to continue constant posts Provided also and be it Enacted by the Authority aforesaid That a Letter or pacquet-post shall twice every wéek come by the way of Truro and Penrin to the Town of Marketiew alias Marhasion in the County of Cornwall and once a wéek to Kendal by the way of Lancaster and to the Town of Penrith in Cumberland by the way of Newcastle and Carlisle and to the City of Lincoln and the Burrough of Grimsby in the County of Lincoln Any thing in this Act contained to the contrary thereof in any wise notwithstanding Provided also and be it Enacted by the Authority aforesaid That such post-master General to be from time to time appointed by his Majesty His Heirs and Successors as aforesaid shall continue constant posts for carriage of letters to all places though they lye out of the post-roads as hath béen used for the space of thrée years last past at the rates herein before mentioned under pain of forfeiture for every omission Five pounds to be recovered by Action Suit or plaint in any his Majesties Courts of Record the one moyety to the use of his Majesty the other moyety to the use of the Informer And for the better management of the said post-Office and that the people of these Kingdomes may have their intercourse of Commerce and trade the better maintained and their Letters and advises conveyed carried and recarried with the greatest spéed security and convenience that may be Penalty for every omission The Post-master c. to observe such orders as his Majesty shall make Be it further Enacted That the said post-Master General so nominated appointed and constituted as aforesaid and his Deputies shall from time to time observe and follow such orders rules directions and instructions for and concerning the settlement of convenient posts and Stages upon the several roads in England Scotland and Ireland and other his Majesties Dominions and the providing and kéeping of a sufficient number of horses at the said several Stages as well for the carrying and conveying of the said letters and pacquets as for the horsing of all thorow-posts and persons riding in post by warrant or otherwise as aforesaid as his Majesty his heirs and Successors shall from time to time in that behalf make and ordain And that his Majesty his heirs and Successors may grant the said Office of post-master General His Maiesty may grant the said office for life or years not exceeding 25. years together with the powers and Authorities thereunto belonging and the several rates of portage above mentioned and all profits priviledges fées perquisites and emoluments thereunto belonging or to belong either for life or term of years not excéeding one and twenty years to such person or persons and under such Covenants conditions and yearly rents to his said Majesty his Heirs and Successors reserved as his said Majesty his heirs and Successors shall from time to time think fit for the best advantage and benefit of the Kingdom No horses to be seized without consent of the owners Provided alwayes and be it Enacted by the Authority aforesaid That no person shall have power to take use or seize any horses for the service mentioned in this Act without the consent of the
owners thereof Any usage or pretence or any thing in this Act contained to the contrary thereof in any wise notwithstanding Proviso for the rates of all In land letters Provided alwayes and be it Enacted by the Authority aforesaid That all Inland Letters sent by any Pacquet Post established by this Act as aforesaid do and shall pay the rates and prices before mentioned at such Stage where they are last delivered only unless the party that delivers the Letters desireth to pay elsewhere Any thing in this Act to the contrary notwithstanding Provided alwayes That all Letters and other things may be sent or conveyed to or from the Two Vniversities in manner as heretofore hath béen used Any thing herein to the contrary notwithstanding Stat. 13 Car. 2. cap. 7. CAP. XXXVI The Master of the Rolls for the time being impowred to make Leases for years in order to new build the old Houses belonging to the Rolls Pr. St. 13 Car. 2. cap. 6. CAP. XXXVII An Act for making the Precinct of Covent-Garden Parochial PR Anno Regni Caroli II. Regis Angliae Scotiae Franciae Hiberniae Decimo Tertio AT the Parliament begun and holden at Westminster the Eight day of May Anno Dom. 1661. In the Thirteenth Year of the Reign of Our most Gracious Soveraign Lord CHARLES the Second by the Grace of God of England Scotland France and Ireland King Defender of the Faith c. And there continued until Tuesday the Thirtieth of July 1661. and from that day the said Parliament was adjourned unto the Twentieth of November then next following To the pleasure of Almighty God and to the Weal publick of this Realm were Enacted as followeth CAP. I. For Safety of His Majesties Person and Government against Treasonable and Seditious Practices THe Lords and Commons assembled in Parliament déeply weighing and considering the miseries and calamities of well nigh twenty years before your Majesties happy Return The grounds and Inducements of this Act. and withall reflecting upon the causes and occasions of so great and deplorable conclusions do in all humility and thankfulness acknowledg Your Majesties incomparable Grace and Goodness to your People in your Frée and General Pardon Indempnity and Oblivion by which your Majesty hath béen pleased to deliver your Subjects not only from the punishment but also from the reproach of their former miscarriages which unexampled Piety and Clemency of Your Maiesty hath enflamed the hearts of us your Subjects with an ardent desire to express all possible zeal and duty in the care and preservation of your Majesties Person in whose Honour and Happiness consists the good and welfare of your People and in preventing as much as may be all Treasonable and Seditious Practices and Attempts for the time to come And because the growth and encrease of the late Troubles and Disorders did in a very great measure procéed from a multitude of Seditious Sermons Pamphlets and Spéeches daily preached printed and published Seditious Sermons Pamphlets and Speeches with a transcendent boldness defaming the Person and Government of Your Majesty and Your Royal Father wherein men were too much encouraged and above all from a wilful mistake of the Supream and lawful Authority whilst men were forward to cry up and maintain those Orders and Ordinances Oaths and Covenants to be Acts Legal and Warrantable which in themselves had not the least colour of Law or Iustice to support them from which kind of distempers as the present age is not yet wholly fréed so posterity may be apt to relapse into them if a timely remedy be not provided We therefore the Lords and Commons in Parliament assembled having duly considered the premisses 13 El. cap. 1. and remembring that in the Thirtéenth year of the Reign of Quéen Elizabeth of ever blessed memory a right good and profitable Law was made for preservation of her Majesties Person Do most humbly beséech your most Excellent Majesty that it may be Enacted What shall be adjudged Treason during the life of the King and be it Enacted by the Kings most Excellent Majesty by and with the Advice and Consent of the Lords and Commons in this present Parliament assembled and by Authority of the same That if any person or persons whatsoever after the Four and twentieth day of June in the year of our Lord One thousand six hundred sixty and one during the natural life of our most Gracious Soveraign Lord the King whom Almighty God preserve and bless with a long and prosperous Reign shall within the Realm or without compass imagine invent devise or intend death or destruction or any bodily harm tending to death or destruction maim or wounding imprisonment or restraint of the person of the same our Soveraign Lord the King or to deprive or depose him from the Stile Honour or Kingly name of the Imperial Crown of this Realm or of any other his Majesties Dominions or Countries or to levy War against his Majesty within this Realm or without or to move or stir any Forreiner or Strangers with Force to invade this Realm or any other his Majesties Dominions or Countries being under his Majesties Obeysance Being declared and proved by two witnesses And such compassings Imaginations Inventions Devices or Intentions or any of them shall express utter or declare by any Printing Writing Preaching or Malicious and advised speaking being legally convicted thereof upon the Oaths of two lawful and credible witnesses upon tryal Convicted by due course of Law or otherwise convicted or attainted by due course of Law then every such person and persons so as aforesaid offending shall be déemed declared and adjudged to be Traytors and shall suffer pains of death and also lose and forfeit as in cases of High Treason Offences during his Majesties life which disable persons to bear any Office And be it further Enacted by the Authority aforesaid That if any person or persons at any time after the Four and twentieth day of June in the year of our Lord One thousand six hundred sixty and one during his Majesties life shall maliciously and advisedly publish or affirm the King to be an Heretick or a Papist or that he endeavours to introduce Popery or shall maliciously and advisedly by writing printing preaching or other speaking express publish utter or declare any words sentences or other thing or things to incite or stir up the people to hatred or dislike of the Person of his Majesty or the established Government then every such person and persons being thereof Legally convicted shall be disabled to have or enjoy and is hereby disabled and made incapable of having holding enjoying or exercising any place office or promotion Ecclesiastical Peerage Civil or Military or any other imployment in Church or State other then that of his Péerage and shall likewise be lyable to such further and other punishments as by the Common Laws or Statutes of this Realm may be inflicted in such cases Stat. 17
be drawn into example for the time to come 1 R. 3. ca. 2. CAPr V. For preventing Tumults and Disorders upon pretence of preparing or presenting publick Petitions or other Addresses to his Majesty or the Parliament Tumultuous and disorderly preparing petitions a great occasion of the late wars and calamities VVHereas it hath béen found by sad experience that Tumultuous and other Disorderly solliciting and procuring of Hands by private Persons to Petitions Complaints Remonstrances and Declarations and other Addresses to the King or to both or either Houses of Parliament for alteration of matters established by Law redress of pretended grievances in Church or State or other publick Concernments have béen made use of to serve the ends of Factious and Seditious persons gotten into power to the violation of the publick Peace and have béen a great means of the late unhappy Wars Confusions and Calamities in this Nation for preventing the like mischief for the future No person after the 1 Aug. 1661. shall sollicite or procure any petition c. for altering any established law in Church or state Be it Enacted by the Kings most Excellent Maiesty by and with the consent of the Lords and Commons Assembled in Parliament and by the Authority of the same That no person or persons whatsoever shall from and after the first of August One thousand six hundred sixty and one Sollicite Labour or procure the getting of Hands or other Consent of any persons above the number of twenty or more to any Petition Complaint Remonstrance Declaration or other Address to the King or both or either Houses of Parliament for alteration of matters established by Law in Church or State unless the matter thereof have béen first consented unto and Ordered by thrée or more Iustices of the County or by the Major part of the Grand Iury of the County or division of the County where the same matter shall arise at their publick Assizes or General Quarter Sessions or if arising in London by the Lord Mayor Aldermen and Commons in Common Councel assembled And that no person or persons whatsoever shall repair to his Majesty or both or either of the Houses of Parliament upon pretence of presenting or delivering any Petition Complaint Remonstrance or Declaration or other Addresses accompanied with excessive number of People nor at any one time with above the number of Ten persons upon pain of incurring a penalty not excéeding the sum of one hundred pounds in money and thrée moneths Imprisonment without Bail or Mainprize for every offence to be prosecuted at the Court of Kings Bench or at the Assizes or General Quarter Sessions within six moneths after the offence committed and proved by two or more credible witnesses Proviso Provided alwayes that this Act or any thing therein contained shall not be construed to extend to debar or hinder any person or persons not excéeding the number of Ten aforesaid to present any publick or private Grievance or Complaint to any Member or Members of Parliament after this Election and during the continuance of the Parliament or to the Kings Majesty for any Remedy to be thereupon had nor to extend to any Address whatsoever to his Majesty by all or any of the Members of both or either Houses of Parliament during the sitting of Parliament but that they may enjoy their fréedom of Access to his Majesty as heretofore hath béen used CAP. VI. The Militia declared to be in the King and for the present Ordering and Disposing the same The command of the Militia by Sea and land the undoubted right of his Majesty FOrasmuch as within all His Majesties Realms and Dominions the sole Supream Government Command and Disposition of the Militia and all Forces by Sea and Land and of all Forts and Places of strength is and by the Laws of England ever was the undoubted Right of His Majesty and his Royal Predecessors Kings and Quéens of England and that both or either of the Houses of Parliament cannot nor ought to pretend to the same nor can nor lawfully may raise or levy any War Offensive or Defensive against His Majesty his Heirs or lawful Successors and yet the contrary thereof hath of late years béen practised almost to the Ruine and Destruction of this Kingdom and during the late usurped Governments many evil and Rebellious Principles have béen distilled into the minds of the People of this Kingdom which unless prevented may break forth to the disturbance of the Peace and Quiet thereof And whereas an Act is under consideration for exercising the Militia An Act under consideration touching the Militia with most safety and case to the King and his People which Act cannot as yet be perfect Be it therefore Enacted by the Kings most Excellent Majesty by and with the Advice and Consent of the Lords and Commons assembled in Parliament That the Militia and Land-Forces of this Kingdgom and of the Dominion of Wales and Town of Berwick upon Tweed now under the Power of Lieutenants or their Deputies shall be exercised ordered and managed until the Five and twentieth day of March next ensuing in such manner as the same now is actually exercised ordered and managed according to such Commissions and Instructions as they formerly have or from time to time shall receive from his Majesty And whereas since the Twenty fourth of June One thousand six hundred and sixty there have béen Insurrections by occasion whereof divers of his Majesties good Subjects have béen murthered and for the securing the Peace of the Nation and preventing further disorders divers persons suspected to be Fanaticks Sectaries or Disturbers of the Peace have béen Assaulted Arrested Detained or Imprisoned and divers Arms have béen seised and Houses searched for Arms or suspected persons Be it therefore further Enacted by the Authority aforesaid That all and every person and persons who have or shall have acted Persons who have Acted by commission of Lieutenancy or done any thing in execution of any Commission or Commissions of Lieutenancy issued by the Kings Majesty that now is or by colour of them or any of them touching or concerning the same or any of them or relating thereunto shall be and are hereby saved harmless and indempnified in this behalf And also all Magistrates Iustices of the Peace Officers and Ministers of Iustice and all persons that have or shall have acted by or under them or by their or any of their Commands since the said Twenty fourth day of June One thousand six hundred and sixty until the twentieth day of July One thousand six hundred sixty and one as to any assaulting arresting detaining or imprisoning any person suspected to be Fanatick Sectary or Disturber of the Peace or seising of Arms or searching of Houses for Arms or for suspected persons shall be and are hereby saved harmless and indempnified in that behalf Provided That neither this Act nor any thing therein contained Proviso shall after the Five
care be taken in the Conducting and Stéering of the Ships that through wilfulness negligence or other defaults none of his Majesties Ships be stranded or run upon any Rocks or Sands or split or hazarded upon pain that such as shall be found guilty therein be punished by Fine Imprisonment or otherwise as the offence by a Court-Martial shall be adjudged to deserve XXVI Burning a Ship All persons that shall willingly burn or set fire on any Ship or Magazine or Store of Powder or Ship Boat Ketch Hoy or Vessel or Tackle or Furniture thereto belonging not appertaining to an Enemy or Rebel shall be punished with death XXVII Sleeping upon Watch. No Man in or belonging to the Fléet shall sléep upon his Watch or negligently perform the Duty imposed on him or forsake his station upon pain of death or other punishment as the circumstances of the Case shall require XXVIII Murthers All Murthers and wilful Killing of any persons in the Ship shall be punished with death XXIX Robbery and Theft All Robbery and Theft committed by any person in or belonging to the Fléet shall be punished with death or otherwise as the Court-Martiall upon consideration of circumstances shall find méet XXX Provost-Marâ—ial prisoners No Provost-Marshal belonging to the Fléet shall refuse to receive or kéep any Prisoner committed to his charge nor suffer him to escape being once in his custody nor dismiss him without order upon pain of being lyable to the same punishment which should have béen inflicted upon the party dismissed or permitted to escape or such other punishment as the Court-Martial shall think fit XXXI Apprehending offenders All Captains Officers and Sea-men shall do their endeavours to detect apprehend and bring to punishment all offenders and shall assist the Officers appointed for that purpose therein upon pain to be procéeded against and punished by the Court-Martial at discretion XXXII Sodomy If any person or persons in or belonging to the Fléet shall commit the unnatural and detestable sin of Buggery or Sodomy with Man or Beast he shall be punished with death without mercy XXXIII Misdemeanors and Disorders at Sea All other Faults Misdemeanors and Disorders committed at Sea not mentioned in this Act shall be punished according to the Laws and Customs in such Cases used at Sea XXXIV And it is hereby further Enacted The Lord High Admirals power to grant Commissions to call Court Martialls That the Lord High Admiral for the time being shall by vertue of this Act have full power and Authority to grant Commissions to inferiour Vice-Admirals or Commander in chief of any Squadron of Ships to call and assemble Court-Martials consisting of Commanders and Captains and no Court-Martial where the pains of death shall be inflicted shall consist of less then five Captains at least the Admirals Lieutenant to be as to this purpose estéemed as a Captain and in no case wherein sentence of Death shall pass by vertue of the Articles aforesaid or any of them except in case of Mutiny there shall be execution of such Sentence of Death without the leave of the Lord High Admiral if the offence be committed within the Narrow-Seas But in case any of the offences aforesaid be committed in any Voyage beyond the Narrow-Seas whereupon Sentence of death shall be given in pursuance of the aforesaid Articles or of any of them then Execution shall not be done but by Order of the Commander in chief of that Fléet or Squadron wherein Sentence of death was passed XXXV And be it further Enacted and Declared That the Iudge-Advocate of any Fléet Iudg Advocate of any fleet to administer an oath for tryal of offences Court Martiall for the time being shall have full power and Authority to administer an Oath to any person or witness in order to the Examination or Tryal of any of the offences aforesaid and in the absence of a Iudg-Advocate the Court-Martial shall have full power and Authority to appoint any person to administer an Oath to the purpose aforesaid Provided also and be it further Enacted by the Authority aforesaid Proviso touching the powers of the Lord Admiral That this Act or any thing or things therein contained shall not in any manner of wise extend to give unto the Lord Admiral of England for the time being or to any his Vice-Admirals Iudg or Iudges of the Admiralty his or their Deputy or Deputies or to any other the Officers or Ministers of the Admiralty or to any others having or claiming any Admiral Power Iurisdiction or Authority within this Realm and Wales or any other the Kings Dominions any other power right Iurisdiction Preheminence or Authority then he or they or any of them lawfully have hath or had or ought to have and enjoy before the making of this Act other then for such of the offences specified in the several Articles contained in this Act as hereafter shall be done upon the main Sea or in Ships or Vessels being and hovering in the main Stream of great Rivers only beneath the Bridges of the same Rivers nigh to the Sea within the Iurisdiction of the Admiralty and in none other places whatsoever and committed only by such persons as shall be in actual Service and pay in His Majesties Fléet or Ships of War CAP. X. For preventing the unlawfull Coursing Hunting or Killing of Deer For the better preventing of the unlawful Coursing Hunting Taking or Killing of Déer Vnlawfull hunting or killing of Deer by many Idle Loose and disorderly persons Be it Enacted by the Kings most Excellent Majesty and by the advice and Consent of the Lords and Commons in Parliament Assembled and by the Authority of the same That if any person or persons shall from and after the first day of August next unlawfully course kill hunt or take away any Red or Fallow Déer in any Forrest Chase Purleiw Paddock Wood Park or other Ground where Déer are or have béen usually kept within the Realm of England or Dominion of Wales without the consent of the Owner or person chiefly intrusted with the custody thereof or shall be aiding or assisting therein and shall be convicted thereof by the confession of the party or by the Oath of one or more credible witnesses before one or more Iustices of the Peace who are hereby impowred to administer an Oath to that purpose such person being prosecuted for such offence within six moneths after such offence done that then every person so offending shall forfeit for every such offence the sum of Twenty pounds to be levied by way of Distress upon the Goods and Chattels of every such Offender by Warrant under the Iustices hand before whom such conviction shall be made The Penalty the one moyety of the said Twenty pounds to be given to the Informer and the other moyety to the Owner of the Déer And for want of sufficient Distress the Offender shall be committed to the House of Correction
against him for discharging such prisoner Delayes in Suites by reason of 15 dayes between the Teste and Retorn of writs remedyed in actions personall And whereas very many Suits Commenced by Original Writs have béen protracted and long delayed from Iudgment and Execution by reason of the necessity of having fiftéen dayes at the least betwéen the dayes of the Teste and the dayes of Return of Writs now used in personal Actions and also in Actions of Ejectione Firmae for Lands and Tenements For remedy thereof and for the more easie expediting Trials and the better and more spéedy executing of Iudgments for the time to come Be it further Enacted by the Authority aforesaid That in all Actions of Debt and all other personal Actions whatsoever and also in all Actions of Ejectione firmae Ejectione firmae for Lands or Tenements now depending or which at any time hereafter shall be depending by Original Writ in either of His Majesties Courts aforesaid after any issue therein ioyned to be tried by a Iury and also after any Iudgment had or obtained or to be had or obtained in either of the Courts aforesaid Venire facias Habeas Corpora Jurator Distringas Jurator Fieri fac Capias ad satisfaciendum Capias ad satisfaciendum where Exigent lyeth after Iudgment or to make the Bail appear excepted 3. Jac. cap. 8. Touching staying executions by Supersedeas or Writs of Errour and what actions it may be stayd There shall not néed to be fiftéen dayes betwéen the Teste day and the day of Retorn of any Writ or Writs of Venire facias Habeas Corpora Juratorum or Distringas Juratores Writs of Fieri facias or Writs of Capias ad satisfaciendum and that the want of Fiftéen dayes between the Teste day and the day of Retorn of any such Writ shall not be nor shall be assigned taken or adjudged to be any matter or Cause of Errour any Law Custome Statute Course or Vsage to the contrary thereof in any wise notwithstanding Provided nevertheless that this Act nor any thing therein contained shall not Extend or be construed to Extend to any Writ of Capias ad Satisfaciendum whereon a Writ of Exigent after Iudgment is to be awarded nor to Capias ad Satisfaciendum against the Defendant in Order to make any Bail liable but that the same continue and be as if this Act had never béen made And whereas by an Act of Parliament made in the third year of the Reign of our late Soveraign Lord King James of Blessed Memory a very good Law was made for avoiding unnecessary delayes of Execution Whereby it is Enacted That no Execution shall be stayed or delayed upon or by any Writ of Errour or Supersedeas thereupon to be sued for the reversing of any Iudgment to be given in any Action or Bill of Debt upon any single Bond for Debt or upon any Obligation with Condition for payment of money onely or upon Action or Bill of Debt for Rent or upon any Contract sued in any of His Highness Courts of Record at Westminster or in the Counties Palatine of Chester Lancaster or Durham or in His Highness Courts of Great Sessions in any of the Twelve Shires of Wales unless such person or persons in whose name or names such Writ of Error shall be brought with two sufficient Sureties such as the Court wherein such Iudgment is or shall be given shall allow of shall first before such stay made or Supersedeas to be awarded be bound to the party for whom any such Iudgment was or should be given by Recognizance to be acknowledged in the same Court in double the sum adiudged to be recovered by the said former Iudgment to prosecute the said Writ of Error with effect and also to satisfie and pay if the said Iudgment shall be affirmed all and singular the Debts Damages and Costs adjudged or to be adjudged upon the former Iudgment And all Costs and Damages to be also awarded for the same delaying of Execution which Law hath béen found by experience to be very good and beneficial to the Common-Wealth And forasmuch as divers other Cases within the same mischief by delayes and staying of Execution by Writs of Error and Supersedeas thereupon are not provided for by the said Statute For further remedy against delayes and staying of Executions in the several Actions hereafter specified Be it further Enacted and Ordained by the Authority aforesaid In what Actions execution may be stayed by writ of Error by this Statute That from and after the twentieth day of January in the year of our Lord One thousand six hundred sixty and one no Execution shall be stayed in any of the Courts aforesaid by any Writ or Writs of Error or Supersedeas thereupon after any Verdict and Iudgment thereupon obtained in any Action of Debt grounded upon the Statute made in the second year of the Reign of the late King Edward the sixth for not setting forth of Tythes nor in any Action upon the Case upon any promise for payment of money Actions sur Trover Action of Covenant Detinue and Trespass unless such Recognizance and in such manner as by the said recited former Act is directed shall be first acknowledged in the said Court where such Iudgment is given And be it also Enacted by the Authority aforesaid The Defendant to have double Costs for delays of his Execution by writ of Error That if any person or persons after the said day shall Sue or Prosecute any Writ or Writs of Error for Reversal of any Iudgment whatsoever given after any Verdict in any of the Courts aforesaid and the said Iudgment shall afterwards be affirmed then every such person or persons shall pay unto the Defendant or Defendants in the said Writ or Writs of Error his or their double Costs to be assessed by the Court where such Writ of Error shall be depending for the delaying of Execution Provided nevertheless that this Act nor any thing therein contained Popular actions or upon a penal Law Indictments c. not within this Statute shall not extend to any Action Popular nor unto any other Action which is or hereafter shall be brought upon any penal Law or Statute except Debt for not setting out Tythes as aforesaid nor to any Indictment Presentment Inquisition Information or Appeal any thing herein before expressed to the contrary thereof notwithstanding CAP. III. An Act for Granting unto the Kings Majesty Twelve hundred and threescore thousand pounds to be Assessed and Levied by an Assessment of Threescore and ten thousand pounds by the Moneth for Eighteen Moneths EXP. CAP. IV. For enabling the Kings Majesty to make Leases Grants and Copies of Offices Lands Tenements and Hereditaments parcel of his Highness Dutchy of Cornwall or annexed to the same and for Confirmation of Leases and Grants already made WHereas a great part of the Lands part of and annexed to the Dutchy of Cornwall Stat. 22 Jac.
cap. 29. have béen held by sundry Leases thereof made for years and for one two and thrée lives by means whereof the Tenants have fixed Estates have béen encouraged to improve and manure the same and have improved the same and therein laid out great sums of Money in Building and otherwise to the great advantage of the Publick And whereas for Twenty years and more now last past no such Leases have béen legally made so that it is probable most of the Tenants Estates will be determined or near determination ere that there can be any Estates well and legally renewed unless remedy therefore be provided by means whereof Waste Spoil and Dilapidation are likely to happen the Lands worn out and decayed and great disturbance and impoverishment to the Tenants And whereas on the like consideration King Charles the First was by special Law enabled to make such Leases Be it Enacted by our Soveraign Lord the King 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 all Leases or Grants already made Leases by the King of Lands c. of the Dutchy of Cornwall made good or hereafter to be made within the space of thrée years now next ensuing by our said Soveraign Lord the King by Letters Patents Indentures or other Writings under His Great Seal of England or Seal of the Court of Exchequer or by Copy of Court-Roll according to the Customs of the respective Mannors of any Offices Parks Lands Tenements or Hereditaments other then Honors Lordships or Mannors parcel of the possessions of the said Dutchy of Cornwall or annexed to the same shall be good and effectual in Law according to the Purport and Contents of the said Leases Grants and Copies against our said Soveraign Lord the Kings Majesty his Heirs and Successors and against all and every person or persons that shall hereafter have inherit or enjoy the said Dukedome of Cornwal by force of any Act of Parliament or other limitation whatsoever Leases for above 31 years or three lives excepted Provided alwayes That every such Lease so to be made of any Parks Lands Tenements or Hereditaments in Possession shall be made but for thrée lives or fewer or for one and thirty years or under or some other term of years determinable upon one two or thrée lives and not above And if such Leases be made in Reversion That then the same together with the Estates in Possession do not excéed thrée lives or the term of one and thirty years and not in any wise dispunishable of Waste Not to be diâ—punishable of Waste The ancient rent to be reserved and so as upon every such Lease shall be reserved the ancient or most usual rent or more or such Rent as hath béen yielded or paid for the greater part of twenty years next before the making of the said Leases and shall be reserved due and payable by or to him or her that shall have the Inheritance or other Estate of the said Parks Lands Tenements or Hereditaments and where no such Rent hath béen reserved or payable That then upon every such Lease there shall be reserved a reasonable Rent not being under the fourth part of the clear yearly value of the Parks Lands Tenements or Hereditaments contained in such Lease Covenants conâ—â—sions in such leases grants or c. shall be good And be it further Ordained and Enacted by Authority of this present Parliament That all Covenants Conditions and Reservations and other Agréements contained in every Lease Grant or Copy heretofore made or hereafter so to be made as aforesaid shall be good and effectual in Law according to the words and contents of the same as well for and against them to whom the Reversion of the same Lands Tenements or Hereditaments shall come as for and against them to whom the Interest of the said Leases Grants or Copies shall come respectively as if our Soveraign Lord the Kings Maiesty at the time of the making of such Covenants Conditions and Reservations and other agréements were seised of an absolute Indefeasible Estate in Fée-simple in the same Lands Saving of others Rights Tenements or Hereditaments Saving alwayes to all and every person and persons Bodies Politick and Corporate their Heirs and Successors Executors Administrators and Assigns other then our said Soveraign Lord the Kings Maiesty and his Heirs and all and every person and persons that shall hereafter have inherit or enjoy the said Dukedom of Cornwall by force of any Act of Parliament or other limitation whatsoever all such Rights Titles Estates Customs Interests Terms Claims and demands whatsoever of what kind nature or quality whatsoever or in to or out of the said Offices Lands Tenements or Hereditaments or any of them as they or any of them had or ought to have had before the making of this Act to all intents and purposes and in as large and ample manner and form as if this Act had never béen had or made this Act or any thing therein contained to the contrary notwithstanding ACTS made in the Parliament begun and holden the 8th of May Anno 13 Caroli Secundi Regis And Continued to the 19th of May 14 Caroli Regis And thence Prorogued to the 18th of February then next following CAP. I. Certain Persons called Quakers and others refusing to take lawful Oaths VVHereas of late times certain persons under the names of Quakers and other names of Separation Quakers seperations denying to take an Oath have taken up and maintained sundry dangerous Opinions and Tenents and amongst others that the taking of an Oath in any case whatsoever although before a lawful Magistrate is altogether unlawful and contrary to the Word of God and the said persons do daily refuse to take an Oath though lawfully tendred whereby it often happens that the truth is wholly suppressed and the Administration of Iustice much obstructed And whereas the said Persons under a pretence of Religious Worship do often assemble themselves in great numbers in several parts of this Realm to the great endangering of the Publick Peace and Safety and to the terror of the People by maintaining a secret and strict correspondence amongst themselves and in the mean time separating and dividing themselves from the rest of his Majesties good and loyal Subjects and from the Publick Congregations and usual places of Divine Worship For the redressing therefore and better preventing the many Mischiefs and dangers that do and may arise by such dangerous Tenents and such unlawful Assemblies Be it Enacted by the Kings Most Excellent Majesty by and with the advice and consent of the Lords Spiritual and Temporal and Commons Assembled in Parliament and by Authority of the same That if any person or persons who maintain that the taking of an Oath in any case whatsoever although before a lawfull Magistrate is altogether unlawful The penalty for refusing
paving the Ways and Stréets to be levied by Distress by Warrant under the Hands and Seals of Five or more of the other Commissioners that shall be appointed for the Paving and mending of the Stréets and High-Wayes And be it further Enacted by the Authority aforesaid That no Hackney Coachmen so licensed The several rates allowed for Hackney Coaches shall presume to take for his Hire in or about the Cities of London and Westminster above the rate of ten shillings for a day reckoning twelve hours to the day and by the hour not above eightéen pence for the first hour and twelve pence for every hour after and that no Gentleman or other person shall pay from any of the Inns of Court or thereabouts to any part of St. James or City of Westminster except beyond Tuttle-street above Twelve pence and the same prizes from the same places to the Inns of Court or places thereabouts and from any of the said Inns of Court or thereabouts to the Royal-Exchange twelve pence and if to the Tower of London or to Bishops-gate-stréet or Aldgate or thereabouts eightéen pence and so from the same places to the said Inns of Court as aforesaid The penalty for exacting more and the like rates from and to any place at the like distance with the places before mentioned And if any Coachman shall refuse to go at or shall exact more for his hire then the several rates hereby limited he shall for every such offence forfeit the sum of ten shillings And be it further Enacted That every Coach so licensed as aforesaid shall pay to the Commissioners that shall be appointed for the regulating and Licensing of Hackney-Coaches the yearly rent of five pounds and no more whereof fifty shillings shall be paid at or before the twenty sixth day of May One thousand six hundred sixty and two and the sum of five and twenty shillings at or upon the Feast day of St. Michael the Archangel next coming and Twenty five shillings at the Feast of the Nativity of our Lord Christ and from henceforward to be paid Quarterly at the four most usual Feasts of the Year by equall portions that is to say at the Annunciation of the Blessed Virgin St. John the Baptist St. Michael the Arch-angel and the Nativity of our Lord Christ which said sum and sums of money the said Commissioners for the Hackney-Coaches shall from time to time pay or cause to be paid to the Commissioners appointed for the paving and amending of the Stréets and High-wayes within this Bill contained or to such Treasurer or Receiver as they shall appoint and the said Commissioners for Hackney-Coaches shall likewise from time to time certify to the Commissioners appointed for the paving of the Stréets and High-wayes the names and dwellings of all such persons as they shall license to drive or kéep Hackney-Coaches together with the several Figures or Marks of distinction which are appointed to belong and be affixed to the several Coaches to the intent that discovery may the better be made of any abuses that shall be committed if any shall presume to affix the Figure or Mark of distinction to any Coach which belong of right to another and whereby the Commissioners for the paving and amending the Stréets and High-wayes shall be enabled to call the said Commissioners for the Hackney-Coaches to a true and due accompt And in case any overplus shall be of the Moneys appointed by this Act to be raised for the Paving and Mending the Wayes and Stréets as aforesaid then such overplus shall be imployed towards the Enlargement of such Stréets or places as are to be enlarged by vertue of this Act. And be it further Enacted by the Authority aforesaid That every Load of Hay Every load of hay and straw rated towards mending the street which from the first day of May One thousand six hundred sixty and two shall be brought and stand to be sold upon any the Wayes hereby in this Act expressed and adjudged fit to be new paved shall pay six pence for every Load and likewise every Cart of Straw to be sold in the said places shall after the said day pay two pence which said sums shall be paid to the Commissioners which shall be appointed for the Paving and Amending the High-wayes and Stréets or such as they shall appoint for and towards the Paving of the Stréets and High-wayes And be it further Enacted by the Authority aforesaid That all Fines Rents How the penalties upon this Act may be levied Forfeitures and Penalties as shall grow due and payable to the said Commissioners by this Act shall be levied by Distress upon the Goods and Chattels of the Offender or Offenders by Warrant under the hands and Seals of the Commissioners or any five or more of them which shall be appointed by his Majesty which shall be sold within fourtéen dayes and the Overplus returned to the Owner and in default of Distress or not payment the person or persons so offending or neglecting to pay shall lye in Prison without Bail or Mainprize till he or they have paid such Rent Fine Forfeiture and Penalty as was due from him or them And the said Commissioners for the Stréets and Wayes The Commissioners may appoint a Treasurer Clerk other Officers for the service or any Five or more of them so met as aforesaid are hereby impowred to appoint a Treasurer or Collector and Clerk to attend them or such other Officer or Officers as they shall find necessary for the carrying on of the said Service with such moderate Allowances as shall be fit and in case any person shall propose to carry away the ashes dirt and other filth for all or any the places aforesaid at less rates then the yearly Raker or Vndertaker can or will perform the same the said Commissioners shall have power and are hereby authorized to contract with such person and for such term as they shall think fit and they are also to require an accompt from time to time of all Scavengers within the said places and all other person or persons that shall receive or disburse any moneys for the purposes in this Bill contained And may hear and determine all differences about paving and cleansing the streets as often as they or any Five or more of them so met as aforesaid shall think fitting and necessary and shall hear and determine all Disputes and Differences concerning the Right and Duty of Paving and kéeping clean any of the Stréets Lanes or Allies or publick yards within the places aforesaid The power duties of Scavengers and Rakers Provided alwayes That the respective Scavengers Rakers or other Vndertakers shall have liberty by the approbation of the said Commissioners or any five or more of them so met as aforesaid to lodg their Ashes Dust Dirt or other filth in such vacant publick places in or near the Stréets or High-wayes as shall be thought convenient by the said
Walls or before any Noblemens Houses Buildings or Walls or before any other publick houses Buildings or places whatsoever respectively And be it further Enacted by the Authority aforesaid That from and after the first day of May No Barrels Tymber coaches or other things to be see or mended in the streets The Penalty The duty of the Scavengers Rakers weekly One thousand six hundred sixty and two no person or persons shall Hoop Wash or cleanse any Pipes Barrells or other Casks or Vessels in any the Stréets Lanes or open Passages aforesaid nor shall set out empty Coaches to make or mend or rough Timber or Stones to be sawn or wrought in the Stréets on the Penalty of twenty shillings for every Offence And be it further Enacted by the Authority aforesaid That the Rakers Scavengers or other Officers thereunto appointed every day in the Wéek except Sundayes and other Holidayes shall bring or cause to be brought Carts Dung-pots or other fitting Carriages into all Stréets and places within their respective Wards Parishes Charges and Divisions where such Carts or Carriages can pass and at or before their approach by a Bell Horn Clapper or otherwise shall make distinct and loud noise and give notice to the Inhabitants of their coming and make the like noise and give the like notice in every Court Alley or Place into which the said Carts cannot pass and abide and stay there a convenient time in such sort that all persons concerned may bring forth their respective Ashes Dust Dirt Filth and Soil to the respective Carts or Carriages so staying as aforesaid all which the said Rakers Scavengers or other Officers aforesaid shall daily carry or cause to be carried away upon pain to forfeit forty shillings for every offence or neglect respectively And be it further Enacted by the Authority aforesaid That all the open Stréets All open streets to be paved and so kept by the several housholders Lanes and Alleyes within the said Cities and Places aforesaid excepting only the new Paving of such Stréets and Places for which any of the Inhabitants have contributed and paid their respective Proportions to the Commissioners before named according to the rates aforesaid shall be forthwith sufficiently repaired or Paved and from time to time hereafter maintained and kept sufficiently repaired or Paved at the costs and charges of the Housholders in the same Stréets Lanes and Alleys respectively in manner following that is to say every of the said Housholders to repair and pave and to kéep repaired and paved the Stréets Lanes or Alleys before his house and so far as his housing Walls or Building extend unto the Channel or middle of the same Stréet Lane or Alley upon pain to forfeit Twenty shillings for every Perch or Rod and after that Rate for a greater or lesser quantity for every Default The penalty for not paving and of Twenty shillings a wéek for every wéek after untill the same shall be sufficiently paved and amended Provided alwayes That such ancient Stréets Lanes and Alleys within the said Cities Proviso for the Borough of Southwark or either of them the Suburbs and Liberties thereof and Borough of Southwark as by custom and usage have béen repaired and paved in other manner shall be hereafter repaired paved and maintained in such sort and manner and by such person and persons as have heretofore used to repair pave and maintain the same under the penalties aforesaid Any thing in this Act contained to the contrary thereof in any wise notwithstanding And be it further Enacted by the Authority aforesaid Candles or lights to be hung out every night from Michaelmas to Lady-day That every housholder within the said Cities the Suburbs and Liberties thereof and in all other the places aforesaid whose house adjoyns unto and is next the stréet from Michaelmas untill our Lady-day yearly shall every night set or hang out Candles or Lights in Lanthorns or otherwise in some part of his house next the Stréet to enlighten the same for Passengers from such time as it shall grow dark untill nine of the Clock in the Evening upon pain to forfeit the sum of one shilling for every default Who may convict persons offending and upon view or otherwise levy the penalties by this Act. And for the more speedy Reformation and punishment of all and every the offences aforesaid Be it further Enacted by the Authority aforesaid That every one of his Majesties Iustices of either Bench and Barons of his Exchequer and every Iustice of Peace of the said Cities of London and Westminster and places aforesaid within their several limits respectively shall have power and Authority upon his own knowledg or view confession of the party or proof of one credible witness upon Oath before him which oath by vertue of this Act such Iustice shall have power to administer to convict any person or persons of any the offences aforesaid whereby such person or persons so convict shall incur the Penalties and forfeitures aforesaid one moyety whereof shall be disposed and imployed for and towards the reparation paving and cleansing of the stréet or place where the offence shall be committed and as much or all of the other moyety as the Iustice shall think fit for him or them that shall discover and prosecute the same in case the said conviction be by such discovery and prosecution and if the conviction be by the view or knowledg of such Iustices then the said whole penalty to go and be imployed for and towards the repairing paving and cleansing of the said stréets or place and shall be levied by distress and sale of the Goods and Chattels of the offender by Warrant under the hand and seal of any such Iustice to be directed to the Constable or any other Officer of the same Parish rendring the surplusage to the party and in default of distress or not payment of the said penalties within six dayes after demand thereof or notice in writing left at the house or dwelling place of the offender by the said Constable or any other Officer the said offender not being a Péer of this Realm shall be committed to the Common Goal of the said County or City respectively by the Warrant of any such Iustice under his hand and Seal there to remain without Bail or Mainprize untill payment And for the better raising and levying of moneyes to defray the charges and pay the Wages of the said Scavengers Rakers or other Officers imployed in cleansing of the Stréets Lanes Alleyes and other places aforesaid and carrying of the said ashes dirt filth and soil Be it further Enacted by the Authority aforesaid Rates and taxes to be made for defraying the charges and wages of Scavengers and others That within the City of London and Liberties thereof the Scavengers Rakers and such like Officers shall be elected and the Rates Taxes and Assesments for Scavengers Rakers and such like Officers wages for cleansing the
Commission And in regard of the extraordinary duties which the Forces of the said City that now are and formerly were raised in Order to his Majesties happy Restauration have of late and may again be put to for the safety of his Majesties Person and for suppressing or preventing of Insurrections That it shall and may be lawful for his Majesties Lieutenants of the said City by Warrant from his Majesty to impose and levy yearly in the same so much money as they shall find néedful for defraying the Arrears of those first raised for his Majesties happy Restauration and the Arrears and necessary charge of those that now are and shall be raised with the Ammunition and other incident expences of their Militia in such manner as the present Assessment is now levied and not excéeding in any one year the proportion of One moneths Tax which the said City now pays towards the Tax of Seventy thousand pounds by the moneth And shall be accomptable for the same as by this Act is Ordained Any thing in this Act to the contrary of this Proviso in any wise notwithstanding Proviso for the Officers of Militia of cities and towns corporate Provided always That no Officer or Souldier of the Militia or Trained Bands belonging to any City Borough or Town Corporate being a County of it self or to any other Corporation or Port-Town who have used and accustomed to be Mustered only within their own Precincts shall be compellable to appear out of the Precincts or Liberties of the same City Borough Town-Corporate or Port-Town at any Muster or Exercise only and every of the said Cities Boroughs Towns-Corporate and Port-Towns are hereby chargeable to find their usual Number of Souldiers unless the respective Lieutenants find cause to lessen the same Any thing in this Act to the contrary notwithstanding Covenants between Landlords and Tenants for providing Arms not to be avoyded by this Act. Provided That this Act or any thing herein contained shall not extend to avoid any Covenant or Agréement which hath béen or shall be made betwéen any Landlord and Tenant concerning the finding Horses or Arms or the bearing or paying of any Tares Rates or other charges by any Tenant either by general or special Covenants but that the said Taxes Rates or other Charges shall be born and paid by all respective Tenants according to the said Covenants and Agréements Any thing in this Act to the contrary thereof in any wise notwithstanding Isle of Wight Provided That this Act or any thing therein contained shall not extend to make any alteration in the Isle of Wight as to the Militia in that place either to raise Horse or Foot within the said Island in any other manner then hath béen formerly and is now used and practised there Militia of the Tower Dâ—vision in Middlesex Provided also And be it Enacted That whereas the Militia of the Tower-Division in the County of Middlesex commonly known by the name of the Tower-Hamlets are and alwayes have béen under the Command of his Maiesties Constable or Lieutenant of the Tower for the Service and Preservation of that his Royal Fort That it shall and may be lawful for his Majesties Constable or Lieutenant of the Tower for the time being to continue to levy the Trained Bands of the said Division or Hamlets of the Tower in such manner and form as to the number and quality of persons as was observed in forming the present Forces thereof Any thing in this Act to the contrary notwithstanding Proviso touching compelling men to march out of this Kingdom Provided That neither this Act nor any matter or thing therein contained shall be déemed construed or taken to extend to the giving or declaring of any power for the transporting of any the Subjects of this Realm or any way compelling them to march out of this Kingdom otherwise then by the Laws of England ought to be done Peers of the Realm how to be charged Provided always And be it Enacted by the Authority aforesaid That no Péer of this Realm shall be charged with Horse Horse-men and Arms or Foot-souldiers and Arms otherwise or in any other manner then is herein after expressed that is to say that his Majesty his Heirs and Successors shall and may from time to time issue out Commissions under the great Seal of England to so many Péers not fewer then twelve as his Majesty his Heirs and Successors shall think fit who or any five or more of them shall have power from time to time to Assess all and every or any the Péers of this Realm according to the Limitations and Proportions in this Act appointed for the finding of horse Horse-men and Arms or Foot-Souldiers and Arms and for other the purposes in this Act mentioned except the Monethly Taxes which are to be levied as is before prescribed in this Act and shall have power to put in execution all and every the Powers and Authorities of this Act as well for laying Assessments as imposing of penalties Imprisonment of the person of any Péer of this Realm only excepted which Assessment or Charge so made together with such penalties as shall be so imposed imprisonment as aforesaid onely excepted shall be from time to time respectively certified to the respective Lieutenants of each County to the intent that the said Charge may be born and the penalties not before excepted levied according to the intent of this Act And that in case there shall be any default in performance of any thing to be done or paid by any Péer by vertue of this Act that then it shall be lawful for the respective Lieutenants Deputy-Lieutenants or any thrée of them to cause Distresses to be taken for the same in any of the lands of such Defaulter within their said Counties or Limits respectively And in case satisfaction shall not be given within the space of one wéek after such Distress taken then such Distresse to be sold for the performance of the said Service and the charge incident thereunto and the Overplus if any be to be restored to the Owner And if a Tenant of any Péer of this Realm shall be distrained for such default as aforesaid the Tenant so distrained is hereby enabled to deduct the sum levied out of his next Rent CAP. XIV There shall be Uniformity of Publique Prayers and administration of Sacraments other Rites and Ceremonies And of Ordaining and Consecrating Bishops Priests and Deacons in the Church of England VVHereas in the first year of the late Quéen Elizabeth there was one Vniforme Order of Common Service and Prayer and of the Administrations of Sacraments Rites and Ceremonies in the Church of England agréeable to the Word of God and usage of the Primitive Church compiled by the Reverend Bishops and Clergy set forth in one Book entituled The Book of Common Prayer and Administration of Sacraments and other Rites and Ceremonies in the Church of England and enjoyned to be
Westminster Winchester or Eaton or any of them other then what is prescribed and appointed to be used in and by the said Book And that the present Governour or Head of every Colledge and Hall in the said Vniversities and of the said Colledges of Westminster Winchester and Eaton within one month after the Feast of St. Bartholomew which shall be in the year of our Lord One thousand six hundred sixty and two And every Governour or Head of any the said Colledges or Halls hereafter to be elected or appointed within one month next after his Election or Collation and Admission into the same Government or Headship shall openly and publickly in the Church Chappel or other publick place of the same Colledg of Hall and in the presence of the Fellows and Scholars of the same Subscription to the 39 Articles mentioned in the Stat. 13 El. cap. 12. or the greater part of them then Resident Subscribe unto the Nine and thirty Articles of Religion mentioned in the Statute made in the Thirtéenth year of the Reign of the late Quéen Elizabeth And unto the said Book and declare his unfeigned assent and consent unto and approbation of the said Articles and of the same Book and to the use of all the Prayers Rites and Ceremonies Forms and Orders in the said Book prescribed and contained according to the form aforesaid And that all such Governours or Heads of the said Colledges and Halls or any of them as are or shall be in Holy Orders shall once at least in every Quarter of the year not having a lawful Impediment openly and publickly Read the morning Prayer and Service in and by the said Book appointed to be Read in the Church Chappel or other publick place of the same Colledge or Hall upon pain to lose and be suspended of and from all the Benefits and Profits belonging to the same Government or Headship by the space of Six months by the Visitor or Visitors of the same Colledge or Hall And if any Governour or Head of any Colledge or Hall Suspended for not Subscribing unto the said Articles and Book or for not Reading of the Morning Prayer and Service as aforesaid shall not at or before the end of Six months next after such suspension Subscribe unto the said Articles and Book and declare his consent thereunto as aforesaid or Read the Morning Prayer and Service as aforesaid then such Government or Headship shall be ipso facto void Who may use the Service in Latin Provided alwayes That it shall and may be lawful to use the Morning and Evening Prayer and all other Prayers and Service prescribed in and by the said Book in the Chappels or other publick places of the respective Colledges and Halls in both the Vniversities in the Colledges of Westminster Winchester and Eaton and in the Convocations of the Clergies of either Province in Latine any thing in this Act contained to the contrary notwithstanding Lecturers And be it further Enacted by the Authority aforesaid That no person shall be or be received as a Lecturer or permitted suffered or allowed to preach as a Lecturer or to Preach or Read any Sermon or Lecture in any Church Chappel or other place of Publick Worship within this Realm of England or the Dominion of Wales and Town of Berwick upon Tweed unless he be first approved and thereunto Licensed by the Archbishop of the Province or Bishop of the Diocess or in case the Sée be void by the Guardian of the Spiritualties under his Seal and shall in the presence of the same Archbishop or Bishop or Guardian Read the Nine and thirty Articles of Religion mentioned in the Statute of the Thirtéenth year of the late Quéen Elizabeth with declaration of his unfeigned assent to the same And that every person 13 El. cap. 12. and persons who now is or hereafter shall be Licensed Assigned Appointed or Received as a Lecturer to Preach upon any day of the week in any Church Chappel or place of Publick Worship within this Realm of England or places aforesaid the first time he Preacheth before his Sermon shall openly publickly and solemnly Read the Common Prayers and Service in and by the said Book appointed to be read for that time of the day and then and there publickly and openly declare his assent unto and approbation of the said Book and to the use of all the Prayers Rites and Ceremonies Forms and Orders therein contained and prescribed according to the form before appointed in this Act And also shall upon the first Lecture-day of every month afterwards so long as he continues Lecturer or Preacher there at the place appointed for his said Lecture or Sermon before his said Lecture or Sermon openly publickly and solemnly Read the Common Prayers and Service in and by the said Book appointed to be read for that time of the day at which the said Lecture or Sermon is to be preached and after such Reading thereof shall openly and publickly before the Congregation there assembled declare his unfeigned assent and consent unto and approbation of the said Book and to the use of all the Prayers Rites and Ceremonies Forms and Orders therein contained and prescribed according to the form aforesaid And that all and every such person and persons who shall neglect or refuse to do the same shall from thenceforth be disabled to preach the said or any other Lecture or Sermon in the said or any other Church Chappel or place of publick Worship until such time as he and they shall openly publickly and solemnly Read the Common Prayers and Service appointed by the said Book and Conform in all points to the things therein appointed and prescribed according to the purport true intent and meaning of this Act. Provided alwayes That if the said Sermon Lectures in Cathedral or Collegiate Churches or Lecture be to be Preached or Read in any Cathedral or Collegiate Church or Chappel it shall be sufficient for the said Lecturer openly at the time aforesaid to declare his assent and consent to all things contained in the said Book according to the form aforesaid And be it further Enacted by the Authority aforesaid The Penalty upon persons disabled that Preach 15 Car. 2. cap. 6. in fine That if any person who is by this Act disabled to preach any Lecture or Sermon shall during the time that he shall continue and remain so disabled preach any Sermon or Lecture That then for every such offence the person and persons so offending shall suffer Thrée months Imprisonment in the Common Goal without bail or mainprise And that any two Iustices of the Peace of any County of this Kingdom and places aforesaid and the Mayor or other chief Magistrate of any City or Town Corporate within the same upon Certificate from the Ordinary of the place made to him or them of the offence committed shall and are hereby required to commit the person or persons so offending to the
Goal of the same County City or Town Corporate accordingly Provided alwayes and be it further Enacted by the Authority aforesaid Common Prayer to be read before every Lecture and the Lecturer to be present That at all and every time and times when any Sermon or Lecture is to be Preached the Common Prayers and Service in and by the said Book appointed to be Read for that time of the day shall be openly publickly and solemnly Read by some Priest or Deacon in the Church Chappel or place of Publick Worship where the said Sermon or Lecture is to be Preached before such Sermon or Lecture be preached And that the Lecturer then to Preach shall be present at the Reading thereof Provided nevertheless That this Act shall not extend to the Vniversity Churches Proviso for Sermons and Lectures in the Vniversities in the Vniversities of this Realm or either of them when or at such times as any Sermon or Lecture is Preached or Read in the said Churches or any of them for or as the publick Vniversity Sermon or Lecture but that the same Sermons and Lectures may be preached or read in such sort and manner as the same have béen heretofore preached or read this Act or any thing herein contained to the contrary thereof in any wise notwithstanding And be it further Enacted by the Authority aforesaid That the several good Laws The Lawes and Statutes formerly made for Vniformity of Common Prayer confirmed and to be executed for punishing offendors against this Law and Statutes of this Realm which have béen formerly made and are now in force for the Vniformity of Prayer and Administration of the Sacraments within this Realm of England and places aforesaid shall stand in full force and strength to all intents and purposes whatsoever for the establishing and confirming of the said Book Intituled The Book of Common Prayer and Administration of the Sacraments and other Rites and Ceremonies of the Church according to the use of the Church of England together with the Psalter or Psalms of David pointed as they are to be sung or said in Churches and the form or manner of Making Ordaining and Consecrating of Bishops Priests and Deacons herein before mentioned to be joyned and annexed to this Act and shall be applied practised and put in ure for the punishing of all offences contrary to the said Lawes with relation to the Book aforesaid and no other Provided alwayes and be it further Enacted by the Authority aforesaid Letanies and Collects relating to the King Queen c. That in all those Prayers Letanies and Collects which do any way relate to the King Quéen or Royal Progeny the Names be altered and changed from time to time and fitted to the present occasion according to the direction of lawful Authority True printed Copies of the Book of Common Prayer to be provâ—ded in all Parishes and Churches Provided also and be it Enacted by the Authority aforesaid That a true Printed Copy of the said Book Entituled The Book of Common Prayer and Administration of the Sacraments and other Rites and Ceremonies of the Church according to the use of the Church of England together with the Psalter or Psalms of David pointed as they are to be sung or said in Churches and the form and manner of Making Ordaining and Consecrating of Bishops Priests and Deacons shall at the costs and charges of the Parishioners of every Parish-Church and Chappelry Cathedral Church Colledg and Hall be attained and gotten before the Feast-day of St. Bartholomew in the year of our Lord One thousand six hundred sixty and two upon pain of forfeiture of thrée pounds by the moneth for so long time as they shall then after be unprovided thereof by every Parish or Chappelry Cathedral Church Colledge and Hall making default therein Proviso for the Bishops of Hereford St. Davies Asaph Bangor Landaff Provided alwayes and be it enacted by the Authority aforesaid That the Bishops of Hereford St. Davies Asaph Bangoâ— and Landaff and their Successors shall take such order among themselves for the souls health of the Flocks committed to their Charge within Wales That the Book hereunto annexed be truly and exactly Translated into the Brittish or Welsh Tongue and that the same so Translated and being by them or any thrée of them at the least viewed perused and allowed be Imprinted to such number at least so that one of the said Books so Translated and Imprinted may be had for every Cathedral Collegiate and Parish Church and Chappel of Ease in the said respective Diocesses and places in Wales where the Welsh is commonly spoken or used before the First day of May One thousand six hundred sixty five And that from and after the Imprinting and publishing of the said Book so Translated the whole Divine Service shall be used and said by the Ministers and Curates throughout all Wales within the said Diocesses where the Welsh Tongue is commonly used in the Brittish or Welsh Tongue in such manner and form as is prescribed according to the Book hereunto annexed to be used in the English Tongue differing nothing in any order or form from the said English Book for which Book so Translated and Imprinted the Church-Wardens of every the said Parishes shall pay out of the Parish-money in their hands for the use of the respective Churches and be allowed the same on their Accompt And that the said Bishops and their Successors or any thrée of them at the least shall set and appoint the price for which the said Book shall be sold And one other Book of Common Prayer in the English Tongue shall be bought and had in every Church throughout Wales in which the Book of Common Prayer in Welsh is to be had by force of this Act before the First day of May One thousand six hundred sixty and four and the same Book to remain in such convenient places within the said Churches that such as understand them may resort at all convenient times to read and peruse the same and also such as do not understand the said Language may be conferring both Tongues together the sooner attain to the knowledg of the English Tongue Any thing in this Act to the contrary notwithstanding and until Printed Copies of the said Book so to be Translated may be had and provided The Form of Common Prayer established by Parliament before the making of this Act shall be used as formerly in such parts of Wales where the English Tongue is not commonly understood And to the end that the true and perfect Copies of this Act and the said Book hereunto annexed may be safely kept and perpetually preserved and for the avoiding of all disputes for the time to come True and perfect Copies of this Act and the Book of Common Prayer by whom and how to be had and kept Be it therefore Enacted by the Authority aforesaid That the respective Deans and Chapters of Every Cathedral or
Liberty or Limit wherein the same lieth by distress and sale of the Goods as is aforesaid Accompts to be given by the Surveyors yearly of all Money raised for mending the High-ways And be it further Enacted by the Authority aforesaid That every person so Elected and taking upon him or them the Office of Surveyor or Surveyors as aforesaid shall within one moneth next after the expiration of the year wherein he executed the said Office as Surveyor of the High-ways make and yield up to the Inhabitants of the Parish Town Village or Hamlet at some publick Méeting to be appointed by the said Inhabitants a perfect Accompt in Writing under his and their Hands of all the Moneys he or they received or paid within his or their year for or by reason of his or their Office namely of whom and what received and to whom and what paid and what Moneys are in arrear and unpaid either for Assessments Fines Forfeitures Penalties and charitable Gifts and if any overplus be in his or their hands he or they shall return and pay the same to the next Surveyors or one of them for the use of the Parish Town Village or Hamlet to be disbursed in and about the High-ways in the following year And if the said Surveyor or Surveyors shall not make such an Account and Payment as before any two Iustices of the Peace living near to or in the said Parish shall and may upon complaint unto them made examine the business upon Oath and upon default found in the Surveyor or Surveyors shall and may commit him or them to the Common-Goal of that County City Riding Town-Corporate Liberty or Limit there to remain until he hath made a true and perfect Account and Payment as aforesaid Who may enquire hear and determine offences against this Act. And be it further Enacted That all and every Iustices of Assise Oyer and Terminer and Iustices of the Peace shall have power and authority and are hereby enabled and impowred to inquire after hear and determine all matters concerning charitable Gifts for the making amending and kéeping in repair any Common High-ways Pavements Stréets and Cawseys within the limits of their Commission and to make Orders therein for the due imployment of such charitable gifts according to the true intent and meaning of the Donors thereof Except gifts to the aforesaid uses made to any Colledg Hall Frée-School or Hospital which have Visitors of their own and also to hear and determine all offences defaults and defects in Surveyors or others concerning the premisses Appeal allowed to persons grieved 43 El. cap. 4. In what cases only a Certiorari may be allowed to remove any Indictment c. upon this Act. Provided That if any person be agrieved with such Order they shall have liberty to appeal to the Court of Chancery as in the case of a Decrée made upon the Statute of Charitable Vses And be it further Enacted by the Authority aforesaid That from and after the First day of May One thousand six hundred sixty and two no Certiorari shall be allowed to remove any Information Indictment Presentment Order or other procéedings in the Quarter-Sessions of for or concerning any matter or thing in this Act unless the party or parties against whom any such Information Indictment Presentment Order or other procéedings shall be had by vertue of this Act shall before the allowance of such Certioraries become bound to the person or persons prosecuting in the sum of Forty pounds with such sufficient sureties as the Iustices of Peace at their said Quarter-Sessions of the Peace shall think fit with condition to pay unto the said prosecutors within one moneth after the conviction of such parties indicted their full costs and damages to be ascertained upon their Oaths and that in default thereof it shall be lawful for the said Iustices to procéed to trial of such Indictments any such Writs of Certiorari to remove the same Indictments notwithstanding Laycock Bridge in Com. Wilts And whereas at a general Quarter-Sessions held for the County of Wilts It was at the humble Petition of the Petitioners of Laycock and other Inhabitants of the said County Ordered That one ancient Bridge called Foot-Bridge leading thorow the said Parish betwéen London Bath and Bristol being more commodious for all Passengers than on◠other Bridge in the said Parish called Rey-Bridge should be repaired and made passable for all Carts Waggons and Carriages with the Materials of Rey-Bridge which was thereby Ordered to be taken down which Order was accordingly put in execution in the said County and Parish Be it therefore Enacted by the Authority aforesaid That the said Parishioners and all others imployed by them in the pulling down the said Bridge called Rey-Bridge and imploying the Materials thereof as aforesaid shall be and are hereby indemnified from all suits troubles and molestations whatsoever touching or concerning the same and that the said Parishioners of Laycock and other the aforesaid Inhabitants shall not hereafter be compelled by Information or Indictment or any other way be made chargeable with the re-building of the said Bridge called Rey-Bridge otherwise than for the maintaining the said Bridge sufficient for Horse and Pack as it now stands any Law or Statute to the contrary in any wise notwithstanding Wildes of Surrey Sussex Kent Provided likewise and be it Enacted That this Act shall not extend to exempt any Owner Farmer or Lessée of any Iron work or other person within the Wildes of the Counties of Surrey Sussex or Kent for carrying so many load of Cinder Gravel Stones and other materials or contributing such sums of money towards the amending and repairing of the High-ways as they are obliged to by any former Acts. 14 15 H 8. cap. 6. 39 El. ca. 19. And be it further Provided and Enacted That where the Iustices of the Peace of any County at their General Quarter-Sessions or any two of such Iustices near to any Parish Township or Hamlet shall be fully satisfied that the High-ways and Bridges within the same may and will be sufficiently amended and repaired according to former usage without the help of this Act that then and in such Cases only there shall no Assessment be made within the same for and towards their reparations by vertue of this Act. Provided always And be it further Enacted by the Authority aforesaid That the Iustices of Peace of the County of Middlesex in their publick Sessions of the Peace shall have power and authority to make Orders for erecting or setting up a new Bridge of Brick or Stone fitting for the passage of Carts and Carriages in the room and place of a Bridge now only passable for Foot and Horse called Stratford-Bridge in the Parish of Hillingdon in the said County Stratford Bridge Hillingdon Middlesex or in some other more convenient place near thereunto at the present charge of the whole County for the erecting of the same but
to be upheld repaired and maintained after it be so erected at the charge of the Lord of the Mannor wherein the said Bridge now standeth proportionable to the charge he is now at for maintaining the Horse-Bridge and the residue of the charge to be born by the Parishioners of the said Parish For which purpose the said Iustices of the Peace at their said publick Sessions are hereby enabled to make respective rates accordingly so as the sum to be assessed for the erecting the said Bridge excéed not the sum of One hundred pounds and the said Iustices are to take care that the said Bridge be finished by or before the First day of August in the year of our Lord God One thousand six hundred sixty and thrée And be it Enacted by the Authority aforesaid Bridges to have sufficient Walls or Posts and Rails That the said Surveyors do take care that all and every Bridge or Bridges within their respective limits shall before the Feast of St. Michael One thousand six hundred sixty and two have sufficient walls or posts and rails of each side thereof four foot high at the least and that the said walls or posts and pails be from time to time kept in sufficient repair Provided always And be it Enacted by the Authority aforesaid Proviso for chusing Surveyors for the year 1662. EXP. That the Surveyors of the High-ways named for the year One thousand six hundred sixty and two shall within twenty days after the publication of this Act procéed to do and execute all things in this Act for the said year One thousand six hundred sixty two And where there are no Surveyors of the High-ways chosen for the said year One thousand six hundred sixty two they shall be chosen within twenty days after publication of this Act by such persons as by this Act is appointed and being so chosen they shall hereafter do and execute all things according to the tenor of this Act. Provided also And be it Enacted by the Authority aforesaid That where any Lands are let Tenants to bear the charges of Assessments for High-ways the Tenant and Occupier thereof shall pay the Assessment and bear all charges for the mending of the High-ways and not the Landlord except where there is or shall be any agréement betwéen the said Landlord and the Tenant to the contrary Provided also and be it further Enacted The continuance of this Act. That the power of raising and levying money by vertue of this Act shall continue in force for thrée years only from the Five and twentieth day of March One thousand six hundred sixty and two and no longer but that all other Powers and Clauses in this Act shall continue and stand in force until the end of the first Session of the next Parliament and no longer CAP. VII Exportation of Leather and Raw Hides out of the Realm of England restrained WHereas notwithstanding the many good Laws before this time made and still in force 5 E. 6. cap. 15. 6 El. cap. 22. 8 El. cap. 14. 18 El. cap. 9. prohibiting the Exportation of Leather out of this Realm and the penalty by those Acts imposed by the cunning and subtilty of some persons and the neglect of others who ought to take care thereof there are such quantities of Leather daily exported to forreign parts that the price of Leather is grown to those excessive Rates that many Artificers working Leather cannot furnish themselves with sufficient store thereof for the carrying on of their Trades and the poor sort of people are not able to buy those things made of Leather which of necessity they must make use of For redress of which griefs Be it Enacted by the Kings most Excellent Majesty by and with the Advice and Consent of the Lords Spiritual and Temporal and the Commons in this present Parliament assembled That from and after the First day of May now next ensuing no person or persons whatsoever shall carry or transport or cause to be carried or transported out of England into Scotland Ireland or into any of the Isles belonging to this Kingdom What Skins or Hides Tanned may not be transported or to any parts beyond the Seas the Skins or Hides Tanned or Vntanned of any Ox Stéer Bull Cow or Calf otherwise or in any other manner then is by this present Act directed And be it further Enacted by the Authority aforesaid That none of the Skins or Hides aforesaid which shall happen to be taken from any of the beasts aforesaid within any Island whatsoever belonging to the Kingdom of England except Ireland shall be transported out of that Island to any other place but into the Kingdom of England upon pain of forfeiture for every such offence double the value of Skins or Hides The Penalty so to be transported out of the said Island or any of them to any other place then into the Kingdom of England the same forfeiture to be sued for and disposed as hereafter in this Act is directed And for the better preventing of such mischiefs as are intended to be remedied by this Act Be it Enacted by the Authority aforesaid What Leather must be bought onely in open Fairs or Markets for selling Leather The Penalty That all Red Tanned Leather made of the Hides or Skins of any of the Beasts aforesaid of what kind or nature soevâ—â— shall be bought onely in the open and common Fair or Market used for the putting of Leather to sale and not in any House Tanners Yard Shop or other place whatsoever on pain that such person or persons that shall not accordingly do the same shall for every such offence forfeit the same Leather or the value thereof and the contract for the sale thereof shall be void and all such Leather shall be Searched and Sealed by the Searchers and Sealers thereunto appointed before the same be put to Sale and upon such sale shall be Registred and a true Entry thereof made both by the Buyer and Seller who are both to be present at such Registring thereof and both their names and places of abode entred into the Book of the said Register on pain that every such Buyer or Seller that shall not accordingly do the same shall for every such offence forfeit the same Leather or the value thereof and the forfeiture shall be recovered and imployed in such manner as hereafter in this Act is directed Penalty for Transportation of any Leather or Raw-Hides And be it further Enacted by the Authority aforesaid That if any person or persons shall be found guilty of the Transportation of any Leather or Raw Hides of any of the Beasts aforesaid excepting such Calve-skins and Shéep-skins dressed without the Wooll as by Law may be Transported contrary to the provision of this Act he shall from thenceforth be disabled to Trade or Deal in Leather for the future and shall for every such offence forfeit the sum of Five hundred pounds to be
sued for and disposed as hereafter in this Act is directed Provided nevertheless That this Act or any thing therein contained shall not extend to the Prohibiting the Transportation of any Leather made into Boots 5 E. 6. cap. 15. 1 Mar. cap. 8. Parl. 2. Quaere If those two Statutes be Repealed by this Proviso Who may search and seize Leather or Hides intended to be Transported Shooes or Slippers but that the same may be Transported Any thing in this Act contained to the contrary notwithstanding And be it further Enacted by the Authority aforesaid That it shall and may be lawful to and for the respective Masters and Wardens of the Cordweyners Sadlers Girdlers and Curriers of the City of London and their Deputies and all Customers Comptrollers Farmers of Customes Supervisors Searchers and other Officers belonging to the Customs and to and for all Iustices of the Peace Mayors and chief Officers of Corporations within this Realm Dominion of Wales or Town of Berwick upon Tweed from time to time as well by Land as Water to Search for and seize any Leather or Raw Hides wrought or unwrought cut or uncut packed up or unpacked intended or purposed to be Transported by any person or persons into any parts beyond the Seas or into Scotland other then Calves-skins and Shéep-skins as aforesaid Shaving of Leather by Tanners And whereas divers Tanners do shave cut and rake their upper-leather Hides all over and the necks of their backs and buts to the great impairing thereof and the extream prejudice of the Kingdom Be it therefore Enacted by the Authority aforesaid That every Tanner who after the Nine and twentieth day of September in the year of our Lord One thousand six hundred sixty and two The Penalty shall commit any such offence as aforesaid shall forfeit all the said Leather Backs Buts or Calve-skins so shaved cut or raked or the value thereof and it shall be lawful for the Searchers and Sealers of Leather to seize the same Leaden-Hall London And be it further Enacted That the Market for Leather in Leaden-Hall in London shall be kept on the Tuesday as now it is Any Law Vsage or Custom to the contrary in any wise notwithstanding How the Penalties shall be recovered And be it further Enacted by the Authority aforesaid That all the penalties and forfeitures and every sum and sums of money for any offence or offences herein before mentioned shall be recovered by Action of Debt Bill Plaint Information to be brought for the same in any Court or Courts at Westminster or in any Court or Courts of Records in the City Town County or place where the said offence shall be committed wherein no Wager of Law Protection or Essoign shall be admitted neither shall the same be removed out of the said County City or Town-Corporate the one half of the said forfeitures to be to the use of the Kings Majesty his Heirs and Successors and the other half thereof to the use of the Informer or Informers that shall sue for the same Transportation of Leather declared a common Nusance Leather for necessary use of Ships in Voyages Artificers dealing in cutting of Leather in London or within three miles thereof Provided also and be it Enacted That all such Exportation or Transportation of any Hides or Leather contrary to this Act is hereby adjudged and declared to be a common and publick Nusance Provided nevertheless That this Act shall not extend or be construed to prohibit the carrying or conveying of any such Hides or Leather which shall be vsed or imployed for the necessary vse or provision of any Ship or Vessel in any Voyage beyond the Seas and which shall not be sold in any forreign parts so as the number do not excéed Six Raw Hides and Thrée Tanned Hides Provided alwayes nevertheless And be it further Enacted by the Authority aforesaid That all and every Artificer dealing in cutting of Leather or other person or persons whatsoever which shall hereafter buy any Red Tanned Leather within the City of London or thrée miles thereof shall before the next Market-day within the said place for sale of Leather give Notice thereof to one or more of the Company of Curryers then exercising and using the Art and Mystery of a Curryer within the said City of London and thrée miles thereof and within thrée wéeks after such notice shall deliver or cause to be delivered the said Leather so bought except such part thereof as shall be used for Soals without being curryed tallowed or dressed unto the said Curryer or Curryers to whom such notice was given to the intent that the same may be curryed tallowed or otherwise dressed as is directed and appointed by one Act made in the First year of King James 1 Jac. cap. 22. Chapter twenty second touching the Duty of Tanners Curryers Shoemakers and others upon penalty of the forfeiture of Six shillings eight pence for every Back But Hide or Calves-skin so bought and not delivered as aforesaid for the uses and to be recovered as aforesaid And whereas it is Enacted amongst other things Leather used in London or within three miles to be searched and allowed by the Wardens of the Curriers there The Penalty by the said Act made in the First year of King James That no person or persons shall by any means occupy or put in any Made-wares within the City of London or thrée miles of the same City any Curryed Leather before the same shall be searched and allowed by the Wardens of the Curryers of London for the time being or such persons as they shall thereto assign and be Sealed with a Seal therefore to be prepared upon pain that every Shoemaker and other Artificer Cutter of Leather offending against that Article should forfeit for every Hide or Skin otherwise curryed or imployed as is aforesaid Six shillings eight pence and the value of every such Hide or Skin Be it therefore further Enacted by the Authority aforesaid That the Master and Wardens of the Company of Curryers for the time being or such persons as they shall thereto assign shall from time to time and at all seasonable times in the day time enter into any Warehouse Shop Celler or other place within the said City of London or thrée miles of the same City belonging unto any of the said Cordwainers Sadlers Girdlers or other person or persons being Artificers dealing in cutting Leather and in the presence of any two or more of them to search for and seize all such Leather intended to be Prohibited to be used by the said Clause Branch or Article as aforesaid as also for all Wares made of such Leather and if any such person or persons Artificers or Dealers as aforesaid shall oppose Penalties for opposing the Search or refuse to permit the said Master and Wardens of the Company of Curriers or such persons as they shall thereto assign to make any such search or
Act to the contrary notwithstanding And the said Sheriffs shall deduct out of their payments Four pence in the pound whereof Thrée pence to be for themselves and One penny for the Clerk of the Peace to be recovered as aforesaid Officers of the Exchequer shall discharge persons who pay the duties without any Fee And that His Majesties Officers in his said Court of Exchequer shall discharge all such persons who paid their respective Duties without taking any Fées for the same and shall also issue out Process to levy the said duty upon such persons who shall fail in payment thereof where no distress can be found to be taken according to this Act. The said Revenue shall be paid into the Exchequer And not charged with any grant or Pension And be it further Enacted by the Authority aforesaid That the Revenue and Sum of money arising by vertue of this Act Except what shall be allowed to the aforesaid Officers and Ministers for Collecting the same shall be duly and constantly paid and answered into His Majesties Court of Exchequer and shall not be particularly charged or chargeable either before it be paid into the Exchequer or after with any Gift Grants or Pension whatsoever And that all and every Grants of any such Pensions and all and every clause of Non obstante therein contained shall be and is hereby declared to be utterly void and all and every the persons to whom such Grants are passed shall be and are hereby made Accomptants unto His Majesty Grantees of the same shall be accomptanes His Heirs and Successors and shall pay back all sums of money received by pretence of such Grant and the Court of Exchequer shall be and is hereby enjoyned to Issue out Process accordingly And be it further Enacted by the Authority aforesaid That if any Action Bill Plaint Suit Persons acting upon this Statute being sued therefore may plead the general Issue or Information shall be Commenced or Prosecuted against any person or persons for what he or they shall do in pursuance or execution of this Act such person or persons so Sued shall and may plead the general Issue Not guilty And upon Issue joyned may give this Act and the special matter in Evidence and if the Plaintiff or Prosecutor shall become Nonsuit or suffer discontinuance or if a Verdict pass against him or if upon a Demurrer Iudgement pass against him Treble Costs to the Defendants the Defendant shall recover treble Costs for which there shall be like remedy as in any case where Costs by Law are given to the Defendants And be it further Enacted by the Authority aforesaid Increases of Hearths or Stoves which may happen That where any Increase or Decrease of such Hearths or Stoves shall hereafter happen that an account in writing of the same shall be had and made in like manner as the same is directed to be first taken returned and inrolled by this Act and a Duplicate thereof sent into the Exchequer in such sort as is before directed Decreases how discharged And from thenceforth the Owner or Occupier of such House where such Decrease is shall be discharged proportionably without any further pleading in the Exchequer Provided always That no person or persons shall be charged prosecuted Arrerages not to be charged or sued for but within 2 years next after they become due or brought to account for the Arrerages of any Duty or Arrerages of Revenue raised by this Act unless the said Suit shal commence within two years and be brought to a Iudgement within four years and the Duty levied within five years next after the same shall grow due Provided always That no person who by reason of his poverty Poor people exempted or the smallness of his Estate is exempted from the usual Tares Payments and Contributions towards the Church and Poor shall be charged or chargeable with any the Duties by this Act Imposed Any thing herein before to the contrary notwithstanding Provided always and be it hereby Enacted That if the Church-wardens and Overséers of the Poor of the Parish together with the Minister of the same or any two of them whereof the Minister to be one shall in writing under their hands yearly certifie their belief that the house wherein any person doth Inhabit is not of greater value then of Twenty shillings per annum upon the full improved Rent And that neither the person so Inhabiting nor any other using the same Messuage hath useth or occupieth any Lands or Tenements of their own or others of the yearly value of Twenty shillings per annum nor hath any Lands Tenements Goods or Chattels of the value of Ten pounds in their own possession or in the possession of any other in trust for them That then in such case upon such Certificate made to the two next Iustices of Peace and allowed for which Certificate and allowance no Fée shall be paid the person on whose behalf such Certificate is made shall not be returned by the Constable or other Officer And the said house is hereby for that year discharged of and from all the Duties by this Act imposed Any thing herein to the contrary notwithstanding Provided also and be it Enacted by the Authority aforesaid That if any person or persons Further Penalty upon any person that shall accept or procure any pension Gift or grant for years c. bodies Politick or Corporate shall at any time hereafter procure or accept of from the Kings Majesty His Heirs or Successors any Pension Gift or Grant for years life or any other Estate or any sum or sums of money out of the Revenue arising by vertue of this Act that then such person or body Politick or Corporate procuring or accepting the same shall forfeit double the value of such Pension Gift or Grant The one moyety of which forfeiture shall be to the use of the poor of the Parish or Parishes where the said Offenders be or inhabit to be recovered by the Church-wardens the other moyety to him that will sue for the same by Action of Debt Bill Plaint or Information Provided that this Act Blowing houses Stamps Furnaces Kilns Ovens Hospitals or any thing herein contained shall not extend to charge any Blowing-house and Stamp Furnace or Kiln or any private Oven within any of the houses hereby charged nor any Hearth or Stove within the scite of any Hospital or Alms-house for the relief of poor people whose Endowment and Revenue doth not excéed in true value the sum of One hundred pounds by the year Provided The payments and duties charged only upon the Occupiers That the payments and duties hereby charged shall be charged only on the Occupier for the time being of such Hearth or Stove dwelling in such house whereto such Hearth or Stove shall be belonging his Executors or Administrators and not on the Landlord who Let or Demised the same his Heirs Executors or Assigns
One hundred pounds and the Cocquet Certificate or Return shall be invalid and of none effect and if any Goods Wares or Merchandizes brought or coming into any Port Haven or Créek within the Kingdom of England Dominion of Wales or Port and Town of Berwick from any other Port Haven or Créek within the Kingdom of England or Dominions aforesaid by Port Cocquet Transire Let-pass or Certificate in Ships or Vessels shall be landed or put on shore before such Cocquet Transire Let-pass or Certificate shall be delivered to such Person or Persons which are or shall be appointed by his Majesty for manageing his Customs the Customer or Collector and Comptroller of the Port or Place of their Arrival or to their Deputy or Deputies and a Warrant or Sufferance made and given from such person or persons Customer or Collector and Comptroller or their Deputy and Deputies aforesaid for the landing and discharging thereof And be it further Enacted by the Authority aforesaid That if any Goods Wares Goods secretly conveyed beyond Sea uncustomed and undiscovered by the officers or Merchandizes for which the Duties of Subsidy or Custom are due and payable to the Kings Maiesty shall be secretly conveyed on Board any Ship or Vessel before the Custom and Subsidy thereof be duly answered and paid and shall escape the discovery thereof by the Officers of the Customs or others and be carried into the parts beyond the Seas in such case the Owners or Proprietors of such Goods Wares or Merchandizes or other person or persons who shall have so shipped or caused the same to be shipped and transported shall forfeit the double value of the Goods The penalty computed according to the Book of Rates Except for Coal which so secretly Exported as aforesaid shall pay double the Custom and Duty to be Collected and Levied in such manner as by the Act of Tunnage and Poundage is directed and appointed Be it further Enacted by the Authority aforesaid For preventing frauds in louring strangers goods That for preventing of frauds in colouring of strangers Goods and otherwise every Merchant or other passing any Goods Wares or Merchandizes Inwards or Outwards shall by himself or his known servant Factor or Agent subscribe one of his Bills of every Entry with the mark number and contents of every parcel of such Goods as are rated to pay by the piece or measure and weight of the whole parcel of such Goods as are rated to pay by the weight without which the Officers of the Customs shall not suffer any Entry to pass And that no children of aliens under the age of Twenty one years be permitted to be Traders or any Goods or Merchandizes to be entred in their names Be it also hereby Enacted That upon any Actions There shall be no party Iury in actions or suits concerning customs Suits and Informations that shall be brought commenced or entred upon any Law or Statute concerning the Kings Majesties Subsidies of Tunnage and Poundage or Ships or Goods to be forfeited by reason of unlawful Importation or Exportation there shall not be any Party Iury but such only as are the natural and frée-born Subjects of the King his Heirs or Successors And whereas allowances given to Merchants and others for defects and damages upon Goods Allowances for defects and damages in goods how to be made and Five per centum generally upon all Goods Imported and Twelve per centum upon Wines every Merchant or others having the aforesaid allowances inwards shall in person upon Oath by himself or by his known Servant or Factor demand and receive the moneys due upon Debenturs for such forreign Goods Exported by such Certificate with such abatements and allowances as were made and given to him upon the Importation and if he be found fraudulently to ship out less in quantity or value then is expressed in his Certificate the Goods therein mentioned or the value thereof shall be forfeited and the Owner or Merchant shall lose the benefit of receiving back any part of the Subsidy for those Goods and if any Goods shipped out by Certificate as aforesaid shall be landed again in the same or any other Port or Place within the Kingdom of England Dominion of Wales and Town and Port of Berwick unless in case of Distress to save the Goods from perishing which shall be presenly made known to the Person or Persons which are or shall be appointed by His Majesty to manage His Customs and Principal Officers of the Port no allowance shall be demanded or made for those Goods and the said Goods or value thereof shall be forfeited and lost Be it further Enacted by the Authority aforesaid That all Goods Goods brought from or carried into Scotland by land shall pass through Barwick or Carliâ—e Wares or Merchandize that shall be brought out of or carried into the Kingdom of Scotland by Land into or out of the Kingdom of England Dominion of Wales or Port and Town of Berwick shall pass and be carried by and through some of the Towns and Passages hereafter named that is to say by and through Berwick or Carlile and then and there pay the Custom and Subsidy granted and due to the Kings Majesty by an Act of this present Parliament Entituled 12 Car. 2. cap. 4. A Subsidy granted to the King of Tunnage and Poundage and other Sums of Money payable upon Merchandize Exported and Imported And if any Goods Wares or Merchandize prohibited or uncustomed coming out of Scotland into England or going out of England into Scotland shall pass by or beyond the Towns Ports and Places aforenamed without due entry and payment of the Customs That then all such Goods Wares and Merchandize or the value thereof shall be forfeited and lost And whereas in and by an Act of Parliament in the First year of Quéen Elizabeth 1 El. cap. 11. When and where Merchandize shall be landed and custom paid of famous memory directing when and where Merchandize shall be landed and Customs paid it is amongst divers other things Enacted and Ordained That no Goods Wares or Merchandize shall be shipped or loaden aboard any Ship or Vessel or landed or discharged out of or from any Ship or Vessel but in or upon some such open Place Key or Wharf Places Keys or Wharfs Except the Port of Hull as her Highness her Heirs and Successors should therefore assign or appoint by vertue of her Highness Commission or Commissions within the Port of London and in all Ports Creeks Havens or Roads as in and by the said Act doth and may at large appear And whereas notwithstanding the aforesaid Act there are some Ports Créeks and places where Customers Collectors and Comptrollers and Searchers their servants had then time out of mind béen resident to which no such Commissions were sent nor places keys nor wharfs appointed as by the said Act was directed And whereas also since that time by reason of the alteration of
charged upon those Commodities by or under the name of Subsidy or Poundage And in case of Exportation there shall be repaid and allowed to the English-man Exporter the sum of Thrée pounds Ten shillings per Tun and to the Alien Four pounds Fiftéen shillings per Tun to be repaid according to the Rules of the Book of Rates now established And whereas the Ingenious Industry of these times hath taught the Dyers of England the Art of fixing the Colours made of Logwood Logwood or Blockwood alias Blockwood so as that by experience they are found as lasting and serviceable as the Colours made with any other sort of Dying-wood whatsoever 23 El. cap. 9. And whereas by a Statute made in the thrée and twentieth year of the Reign of Quéen Elizabeth of famous Memory Entituled Logwood and Blockwood shall not be used in Dying of Cloth 39 El. cap. 11. c. And by another Statute made in the Nine and thirtieth year of the aforesaid Quéen Elizabeth Entituled The Penalty for mixing or using of Logwood in Dying Cloth or other Stuff all Logwood alias Blockwood that shall be found within this Kingdom shall be forfeited and openly burned with divers other Pains Penalties and Forfeitures upon such as shall use the same in Dying-Cloth or other Commodities as by the said several Acts aforesaid may and doth appear Be it further Enacted by the Authority aforesaid That the aforesaid Statutes and either of them be and are hereby Repealed and made void as to all Clauses Articles Provisions and Penalties in any wise relating to the prohibition or use of Logwood alias Blockwood And that from and after the first day of February One thousand six hundred sixty and one It shall and may be lawful to and for any person or persons freely to import into this Kingdom of England Dominion of Wales and Town and Port of Berwick upon Tweed any quantities of Logwood alias Blockwood and fréely to use the same in Dying or Colouring any sort of Goods or Manufacture whatsoever the aforesaid two Statutes or any other Law Statute Vsage Custom Patent of priviledge Proclamation or other Restraint Matter or Thing to the contrary thereof in any wise notwithstanding Imposition upon Logwood imported 12 Car. 2. cap. 18. Provided That such Importation be according to the Rules prescribed and enjoyned in the late Act Entituled An Act for encouraging and encreasing of Shipping and Navigation and paying a Subsidy to the Kings Majesty His Heirs and Successors for every Tun of the said Logwood alias Blockwood so to be Imported after the rate of Five pounds and after that rate for any greater or lesser quantity according to such Rules and under such Penalties as are provided for all other Imported Goods in a late Act Entituled An Act of Subsidy granted to the King of Tunnage and Poundage 12 Car. 2. ca. 4. and other Sums of Money payable upon Merchandize Exported and Imported Excepting onely that for all of the said Commodities Exported according to the Rules of the Book of Rates there shall be repaid to the Exporter the Sum of Four pounds per Tun the said Rate for Logwood alias Blockwood to be Collected and Levied for such time and in such manner as by the Act of Tunnage and Poundage is directed and appointed And be it further Enacted That all Actions Suits and Informations to be had and commenced upon the Act For incouraging and increasing of Shipping and Navigation or any Clause or Article therein may be entred and prosecuted in his Majesties Court of Exchequer at Westminster That upon all such Suits and Informations to be brought upon the Act of Tunnage and Poundage and the Act aforesaid or any other Act or Statute concerning the Importation of Goods or Merchandize from the parts beyond the Seas Onus probandi of property of goods claimed to lie upon the Owner or Claimer if the property thereof be claimed by any person or persons as the Importer thereof in such case Onus Probandi shall lie upon the Owner or Claimer thereof Provided that in case the seizure or Information shall be made upon any Clause or Thing contained in the late Act Entituled An Act for the incouraging and increasing of Shipping and Navigation Commission and time to examine witnesses beyond the Sea that then the Defendant or Defendants shall on his or their request have a Commission out of the High Court of Chancery to examine Witnesses beyond the Seas and have a competent time allowed for the return thereof before any tryal shall be had upon the Case according to the distance of place where such Commission or Commissions are to be executed and that the Examination of Witnesses so returned shall be admitted for evidence in Law at the Tryal as if it had béen given Viva voce by the Examinate in Court Any Law Statute or Vsage to the contrary in any wise notwithstanding And be it also Enacted and Ordained by the Authority aforesaid In what cases Writs of delivery may be granted That no Writ of Delivery shall be granted out of the Court of Exchequer for Goods Seized but upon good Security and that for Goods perishable onely or in cases where the Informer shall deferor delay his coming to as spéedy a Tryal as the Course of that Court will permit and shall be thereby Ordered and Directed And be it further Enacted by the Authority aforesaid That one Moyety of all the Forfeitures before in this Act mentioned and appointed shall be to the Kings Majesty his Heirs and Successors and the other Moyety to such person or persons as shall Seize or Sue for the same by Bill Plaint or Information in his Majesties Court of Exchequer or any other his Majesties Courts of Record wherein no Essoin Protection or Wager of Law shall be allowed And be it further Enacted and Ordained That all Officers belonging to the Admiralty All Officers and persons to be aiding the Officers and persons for management of the Customs Captains and Commanders of Ships Forts Castles and Block-houses as also all Iustices of the Peace Mayors Sheriffs Bailiffs Constables and Headboroughs and all the Kings Majesties Officers Ministers and Subjects whatsoever whom it may concern shall be aiding and assisting to all and every person and persons which are or shall be appointed by his Majesty to manage his Customes and the Officers of his Majesties Customes and their Respective Deputies in the due Execution of all and every Act and Thing in and by this present Act required and enjoyned And all such who shall be aiding and assisting unto them in the due execution hereof shall be defended and saved harmless by vertue of this Act. And be it hereby also Enacted That all Deputies Clerks and Servants about the Customs to be sworn for their truth and faithfulness therein Clerks and Servants which now have any place or Office in or about the Customs and Subsidies by and under the Commissioners
and is remaining which President Deputy-President and Treasurer for the time being respectively shall for ever hereafter in name and fact be Bodies Politick and Corporate in Law to all intents and purposes and shall have a perpetual Succession and may Sue or Plead or be Sued and Impleaded by the name of the President and Governours for the Poor of the respective places aforementioned in all Courts and places of Iudicature within this Kingdom and the Dominion of Wales and the Town of Berwick upon Tweed and by that Name every of the said Corporations shall and may without License in Mortmain purchase or receive any Lands Tenements or Hereditaments not excéeding the yearly value of Thrée thousand pounds per annum of the Gift Alienation or Devise of any person or persons who are hereby without further License enabled to give the same and any Goods Chattels or sums of Money whatsoever to the use intent and purposes hereafter limited and appointed And the each respective Corporation or any Seven of them shall have hereby Power and Authority from time to time to méet and kéep Courts for the ends and purposes in this Act expressed at such time and place as shall be appointed by the said President his Deputy or the Treasurer who are hereby required upon the desire of any Four of the said Corporation at any time to cause a Court to be warned accordingly And shall have hereby Authority from time to time to make and appoint a Common-Seal for the use of the said Corporation And it is further Enacted by the Authority aforesaid The powers of the said President and Governours of the said Corporations That it shall and may be lawful to and for the said President and Governours of the said Corporations for the time being or any two of them or to or for any person authorized and appointed by them or any two of them from time to time to apprehend or cause to be apprehended any Rogues Vagrants Sturdy Beggars or Idle or disorderly persons within the said Cities and Liberties Places Divisions and Precincts and to cause them to be kept and set to work in the several and respective Corporations or Work-houses and it shall and may be lawful for the major part of the Iustices of Peace in their Quarter-Sessions to signify unto his Majesties Privy Council the names of such Rogues Vagabonds Idle and Disorderly persons and Sturdy Beggars as they shall think fit to be Transported to the English Plantations and upon the approbation of his Majesties Privy Council to the said Iustices of Peace signified which persons shall be Transported it shall and may be lawful for any two or more of the Iustices of the Peace them to Transport or cause to be Transported from time to time during the space of thrée years next ensuing the end of this present Session of Parliament to any of the English Plantations beyond the Seas there to be disposed in the usual way of Servants for a term not excéeding Seven years A stock for supply of the work how to be provided in London Westminster Middlesex Surrey And be it further Enacted by the Authority aforesaid That if the President and Governours of any of the said Corporations shall certify under their common Seal their want and defect either of a present stock for the Foundation of the Work or for supply thereof for the future and what sum or sums of Money they shall think fit for the same to the Common-Council of the said City of London and the Burgesses and Iustices of Peace in their Quarter-Sessions of the said City of Westminster and the Liberties thereof or the Iustices of the respective Counties of Middlesex and Surrey assembled in either Quarter-Sessions That thereupon the Common-Council of the said City of London the Burgesses of the said City of Westminster and the Iustices of Peace of the said Cities and Counties in their Quarter-Sessions assembled are hereby required from time to time to set down and ascertain such competent sum and sums of money for the purposes aforesaid not excéeding one years rate from time to time usually set upon any person for or towards the relief of the Poor and the same to proportion out upon the several Wards Precincts Counties Divisions Hundreds and Parishes as they shall think fit And thereupon the Aldermen Deputies and Common-Council-men of every Ward in the City of London and Burgesses and Iustices of the Peace of the City of Westminster and the Liberties thereof and Iustices of the Peace of the said Counties of Middlesex and Surrey shall have power and Authority and are hereby required equally and indifferently according to the proportions appointed as aforesaid for the several Wards Precincts Cities and Parishes as aforesaid to tax and rate the several Inhabitants within the said respective Wards Precincts and Parishes as well within Liberties as without with which Tax if any person or persons find him or themselves agrieved supposing the same to be unequal he or they shall and may make their complaint known to the Iustices of the Peace at the next open Sessions who shall take such final order therein as in like cases is already by the Law provided And it is further Enacted by the Authority aforesaid That it shall and may be lawful to and for any Alderman of the City of London or his Deputy or the Burgesses and Iustices of Peace of the City of Westminster and the Liberties thereof or any two or more of them or any two Iustices of Peace of the respective Counties of Middlesex and Surrey by their Warrant under their Hands and Seals to authorize the Church-wardens or Overséers for the Poor within the places and Parishes aforesaid to demand gather and receive of every person and persons such sum and sums of money as shall be Assessed upon them by vertue of the Taxations and Contributions aforesaid And for default of payment within ten dayes after demand thereof made or notice in writing left at the dwelling-house or lodging of every person so Assessed to levy the same by distress and sale of the goods of every such person and after satisfaction made to restore the surplusage to the party so distrained Stocks formerly in London for relief of the poor how to be paid And be it Enacted by the Authority aforesaid That all Stocks raised for the relief and imployment of the Poor in the City of London and Liberties thereof which was in the hands of a Corporation heretofore appointed in the said City for that service or in the hands of any other person or persons whatsoever before the Nine and twentieth day of September which was in the year of our Lord One thousand six hundred and sixty commonly called the Feast of St. Michael the Archangel or at any time since together with all the Arrears of money formerly alloted for that Service or Legacies given to the same end shall be payable to the Treasurer of the Corporation or Corporations
or persons which he hath forfeited by the Statute aforesaid made in the nine and thirtieth year of the Quéen And whereas Constables Headboroughs or Tithingmen are or may be at great charge in relieving conveying with Passes and in carrying Rogues Vagabonds and sturdy Beggars to Houses of Correction or the Work-houses herein mentioned and as yet have no power by Law to make Rates to reimburse themselves Be it therefore Enacted by the Authority aforesaid That all Constables Headboroughs and Tithingmen so out of purse as aforesaid together with the Church-wardens and Overséers of the poor and other Inhabitants of the said Parish shall hereby have power and Authority to make an indifferent Rate Power to make rates and to tax all the Occupiers of Lands and Inhabitants and all other persons chargeable by the Statute of the thrée and fortieth of Elizabeth concerning the Office and Duty of Overséers for the poor within the said Parish which Rate being confirmed under the hands and Seals of any two Iustices of Peace 43 El. cap. 2. as aforesaid the said Constable Headborough or Tithingmen shall have power by Warrant under the hands and Seals of two Iustices of Peace to levy by distress and sale of the goods of any person or persons refusing to pay the same rendring the overplus to the Owner if any shall be Putative fathers of Bastard-children running away how to be proceeded against And whereas the putative Fathers and lewd Mothers of Bastard-Children run away out of the Parish and somtimes out of the County and leave the said Bastard children upon the charge of the Parish where they are born although such putative Father and Mother have Estates sufficient to discharge such Parish Be it therefore Enacted by the Authority aforesaid That it shall and may be lawful for the Church-wardens and Overséers for the poor of such Parish where any Bastard-Child shall be born to take and seise so much of the Goods and Chattels and to receive so much of the Annual Rents or profits of the Lands of such putative father or lewd mother as shall be ordered by any two Iustices of Peace as aforesaid for or towards the discharge of the Parish to be confirmed at the Sessions for the bringing up and providing for such Bastard-Child And thereupon it shall be lawful for the Sessions to make an Order for the Church-wardens or Overséers for the poor of such Parish to dispose of the goods by Sale or otherwise or so much of them for the purposes aforesaid as the Court shall think fit and to receive the rents and profits or so much of them as shall be ordered by the Sessions as aforesaid of his or her Lands Persons sued for matters in this Act may plead the General Issue And if any person or persons shall be sued for any matter or thing which he shall do in execution of this Act he may plead the General Issue and give the special matter in Evidence And if the Verdict shall pass for the Defendant or if the Plaintiff be Nonsuited or Discontinue his Suit the Defendant shall recover treble Damages Lancashire Cheshire Derbyshire Yorkshire Durham Cumberland Westmerland 43 El. cap. 2. Whereas the Inhabitants of the Counties of Lancashire Cheshire Derbyshire Yorkshire Northumberland the Bishoprick of Durham Cumberland and Westmerland and many other Counties in England and Wales by reason of the largeness of the Parishes within the same have not nor cannot reap the benefit of the Act of Parliament made in the thrée and fortieth year of the Reign of the late Quéen Elizabeth for relief of the poor Therefore be it Enacted by the Authority aforesaid That all and every the poor néedy impotent and lame person and persons within every Township or Village within the several Counties aforesaid shall from and after the passing of this Act be maintained kept provided for and set on work within the several and respective Township and Village wherein he she or they shall inhabit or wherein he she or they was or were last lawfully setled according to the intent and meaning of this Act and that there shall be yearly chosen and appointed according to the rules and directions in the said Act of the thrée and fortieth year of Quéen Elizabeth mentioned two or more Overséers of the poor within every of the said Townships or Villages who shall from time to time do perform and execute all and every the Acts powers and authorities for the necessary relief of the poor within the said Township or Village and shall lose forfeit and suffer all such pains and penalties for non-performance thereof as is limited mentioned and appointed in and by the said in-part-recited Act. And be it further Enacted by the Authority aforesaid That the Iustices of Peace within the said Counties shall have and enjoy such and the like powers and authorities to raise and levy moneys and to do and execute all and every such other Act and thing whatsoever within every Township or Village within the said County where they are Iustices as is given limited and appointed unto and for them to do and execute within any Parish or Parishes in and by the said Act made in the said thrée and fortieth year of the said late Quéen Elizabeth under such and the like pains and penalties for the non-performance of their Duties to be levyed and disposed of as is nominated and expressed in the said Act. Power of the Iustices to transport rogues and vagabonds Provided alwayes and be it Enacted by the Authority aforesaid That it shall and may be lawfull for the Iustices of Peace in any of the Counties of England and Wales in their Quarter-Sessions Assembled or the major part of them to Transport or cause to be Transported such Rogues Vagabonds and sturdy Beggars as shall be duly convicted and adjudged to be incorrigible to any of the English plantations beyond the Seas Proviso for the Dean and chapter of Westminster Provided also That neither this Act nor any thing therein contained shall extend to be or be construed expounded or taken to the prejudice or infringement of any the franchises rights liberties or priviledges heretofore granted by the Kings and Quéens of this Realm his Majesties Royal Predecessors to the Dean and Chapter of the Collegiate Church of St. Peter in Westminster The continuance of divers parts of this Act. Provided always That this Act as to all the matters therein contained excepting what relates unto the Corporations mentioned and constituted thereby shall extend and be in force untill the nine and twentieth day of May One thousand six hundred sixty five and the end of the first Session of the next Parliament then next ensuing and no longer CAP. XIII Importation of Forreign Bonelace Cut-work Imbroidery Fringe Band-strings Buttons and Needle-work prohibited VVHereas great numbers of the Inhabitants of this Kingdom are imployed in the making of Bonelace Band-strings Buttons Néedlework Fringe and Imbroideries who
by their industry and labour have attained and gained so great skill and dexterity in the making thereof that they make as good of all sorts thereof as is made in any Forreign parts by reason whereof they have béen heretofore able to relieve their poor Neighbours and maintained their Families and also enabled to set on work many poor children and other persons who have very small means or maintenance of living other then by their labours and endeavours in the said Art And whereas the persons so imployed in the said Mystery have heretofore served most parts of this Kingdom with Bonelace Band-strings Buttons Néedlework and Imbroidery And for the carrying on and managing of the said Trade they have procured great quantities of Thread and Silk to be brought into the Kingdom from Foreign parts whereby his Majesties Customs and Revenues have béen much advanced until of late that great quantities of Foreign Bonelace Band-strings Néedlework Cut-work Fringe Silk Bonelace Buttons and Imbroidery were brought into this Kingdom by Foreigners and Inhabitants of this Kingdom and sold to Shop-kéepers and others Dealers in the said Commodity as well by Whole-sale as Retail without ever entring of the same in any of his Majesties Custom-houses or paying any Duty or Custom for the same by means whereof the said Trade and calling is of late very much decayed those imployed in the said Calling very much impoverished the Manufacture much decreased and great quantities thereof already made left on their hands that make it His Majesty defrauded and deceived in his Customs and many thousand poor people formerly kept on work in the said Art like to perish for want of imployment there being daily great sums of money exported out of this Kingdom for the buying and fetching in of the said Commodity to the great impoverishment of the Nation by the Consumption of the Bullion and Treasure thereof and contrary to several Statutes made in the first of King Richard the Third 1 R. 3. cap. 12. 3 E. 4. cap. 4. 19 H. 7. cap. 21 5 Eliz. cap. 7. in the third of King Edward the fourth in the ninetéenth of King Henry the Seventh and the fifth of Quéen Elizabeth and to a late Proclamation made by his Majesty that now is dated the twentieth day of November last for the putting the said Laws in execution For redress whereof and prevention of the like mischiefs for the future and the better relief comfort and subsistence of those imployed in the said Art and Manufacture And for the quickning reviving explaining amending and more effectual execution of the said Statutes Be it Enacted by the Kings most Excellent Majesty 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 no person or persons whatsoever shall from and after the Twenty fourth day of June One thousand six hundred sixty two sell or cause to be sold or offer to sale within the Kingdom of England or Dominion of Wales or export any Foreign Bonelace Cut-work Foreign bone-lace cut-work imbroidery fringe band-strings prohibited to be sold or imported from beyond Sea Imbroidery Fringe Band-strings Buttons or Néedlework made of Thread Silk or any or either of them in parts beyond the Seas or Import bring in send or convey or cause to be brought in sent or conveyed into the Kingdom of England or Dominion of Wales any such Foreign Bonelace Cut-work Fringe Imbroidery Band-strings Buttons or Néedlework made of Thread Silk or any or either of them beyond the Seas after the first day of May which shall be in the said year of our Lord One thousand six hundred sixty and two upon pain that all and every person or persons who shall sell or cause to be sold or offer to sale any such Foreign Bonelace Cut-work Imbroidery Fringe Band-strings Buttons or Néedlework shall forfeit and lose for every offence by him committed contrary to this Act the sum of Fifty pounds and the whole Bonelace Cut-work Imbroidery Fringe Band-strings Buttons or Néedlework so sold or caused to be sold or offered to sale And upon further pain That all and every person or persons who shall Import bring in send or convey or cause to be brought in sent or conveyed into this Kingdom of England or Dominion of Wales any such Bonelace Cut-work The penalty Imbroidery Fringe Band-strings Buttons or Néedlework shall forfeit and lose for every offence by him committed contrary to this Act the sum of One hundred pounds and the whole Bonelace Cut-work Imbroidery Fringe Band-strings Buttons or Néedle-work so Imported brought in sent or conveyed or caused to be Imported brought in sent or conveyed contrary to the form and effect of this present Act as aforesaid One moyety to the King the other to the prosecutor The Moyeties of all which Forfeitures to be to the use of our Sovereign Lord the Kings Majesty his Heirs and Successors and the other Moyety to him or them that shall sue for the same in any of the Kings Courts of Record by Bill Plaint Action of Debt Information or otherwise wherein no Essoign Protection or Wager of Law shall be allowed at every time and as often as any person shall be found to offend in selling importing conveying or bringing in as aforesaid Every Iustice of Peace may grant Warrants to search for Manufactures prohibited by this Act And be it further Enacted by the Authority aforesaid That for the preventing of the Importing of the said Manufactures as aforesaid upon complaint and Information given to the Iustices of the Peace or any or either of them within their respective Counties Cities and Towns Corporate at times reasonable he or they are hereby authorized and required to issue forth his or their Warrants to the Constables of their respective Counties Cities and Towns Corporate to enter and search for such Manufactures in the Shops being open or Ware-houses and dwelling-houses of such person or persons as shall be suspected to have any such Foreign Bonelaces Imbroidery Cut-work Fringe Band-strings Buttons or Néedlework within their respective Counties Cities and Towns-Corporate and to seize the same any Act Statute or Ordinance to the contrary thereof in any wise notwithstanding The time limited for actions upon this Act. Provided always and be it hereby Enacted and Declared That all Informations Actions and Suits that shall be commenced for any offence committed against this Law shall be brought and commenced within twelve Moneths after the discovery of such offence Any former Act or Law to the contrary notwithstanding CAP. XIV Direction for Prosecution of such as are Accountable for Prize-Goods 12 Car. 2. c. 11 VVHereas in the Act of Frée and General Pardon Indempnity and Oblivion made in the Twelfth Year of your Majesties Reign and since confirmed by another Act Intituled An Act for confirming Publick Acts 13 Car. 2. c. 7. made in the thirtéenth year of your
Majesties Reign there is amongst other exceptions excepted all and singular the Accounts of all Prize-Goods and of all moneys and other Duties grown due or contracted upon the sale or disposition of them or any of them By vertue whereof and of another Act made in the said thirtéenth year of your Majesties Reign 13 Car. 2. c. 3. Intituled An Act for the Declaring Vesting and Setling of all such Moneys Goods and other things in his Majesty which were received levied or collected in these late times and are remaining in the hands or possession of any Treasurers Receivers Collectors or others not Pardoned by the Act of Oblivion all and singular Prizes and Ships and Goods whatsoever seized or taken for Prize since the thirtieth of January in the year One thousand six hundred forty two by colour or pretence of any of the late pretended Authorities or by pretence or colour of any Power or Authority derived or pretended to be derived from or under them or any of them or otherwise for or upon any pretence of any publick use And all Captures and Seisures of Prizes and Tenths of Prizes to or under pretence of any publick use And all the moneys arising or due or contracted for upon the Sales and Dispositions of them or any of them yet unpaid or unaccounted for in whose hands soever the same be or by whomsoever owing are rightly vested in your Majesty And all the Buyers and Receivers and Injoyers thereof not having yet truly accounted for or paid for the same stand chargeable to your Majesty Now for that as well by a pretended Act made in the year one thousand six hundred forty nine the Buyers of Ships and goods taken Pretended Act. 1649. The reason for suing for prize-goods in the Court of Admiralty or seised and sold for Prize were in case of any failer of performing their contract to be convented in the Court of Admiralty and in case they were condemned there to pay the money by them contracted for then the same to be levied by execution of the said Court And for that by reason of other pretended Acts and Ordinances made in those times all the matters touching Prize and Captures and Seisures and Tenths of Prizes were referred to the said Court of Admiralty and all the Processes Exhibites Writings Examinations Depositions Procéedings Passages Condemnations Sentences Decrées and Orders touching and concerning Prizes and Captures and Seisures of Prizes and tenths of Prizes of what sort soever were had taken made and done in the said Court of Admiralty and do all or most of them there remain So that the said Court of Admiralty being thereof possessed and best acquainted therewith and with all the passages thereof It will be the readiest and quickest way for your Majesty to Sue for the same in that Court which being there Sued for may probably amount to considerable sums of money May it therefore please your Majesty that it may be Enacted And be it Enacted by the Kings most Excellent Majesty by and with the advice and consent of the Lords Spiritual and Temporal and Commons in this present Parliament assembled and by the Authority of the same That all and every Collectors and Treasurers Sub-Collectors and Vnder-Treasurers of Prize-goods Commissioners and Sub-Commissioners of Prize-goods and all and every their Cashéers Officers Rep. 16 17 Car. 2. cap. 6. Deputies and Receivers and all and every Admirals Vice-Admirals Captains of Ships Officers and Mariners and all and every other person and persons whatsoever to whom such Prizes were delivered or to whose hands they came at any time since the said thirtieth of January One thousand six hundred forty and two and before the nine and twentieth of May One thousand six hundred and sixty or that did surprize or receive to or for the publick use or by pretence thereof any Ships Plate Iewels Bullion Money Silver Gold Arms Ammunition Wares Merchandizes or any manner of Goods whatsoever seised or taken for Prize within the times aforesaid and that have not yet truly accounted for and paid in the same or the just provenues and values thereof and all and every person and persons by whom or to or for whose use the same or any of them were sold or who had and enjoyed the same or any part thereof and are still behind and have not paid the moneys contracted for and arising or due upon such sales or any of them and all Securities by them or any of them given for their just dealing in their Offices or Places or any thing concerning the said Prizes or any of them shall be chargeable to your Majesty for the said premisses and all the Dependencies thereof respectively in the said Court of Admiralty and shall and may be by your Majesties Advocate and by such other of your Majesties Councel in that Court as Your Majesty shall please particularly to nominate and commit that affair unto and by special Warrant under your Sign Manual to appoint to sue for the same in your Majesties Name and to and for your Majesties use to be sued and convened in the said Court of Admiralty and either called to account or otherwise by such suit and in such manner as may be most available for your Majesty be there procéeded against sued and prosecuted in due course according to their respective cases for all and every the said Prizes Ships Goods Moneys and Premisses received or had by them and still in arrear and wherewith they are as aforesaid chargeable The Court of Admiralty impowred to proceed upon suits for prize-goods taken at any time since Ian. 30. 1642. and before 29 May 1660. and not accounted for And the said Court of Admiralty is hereby enabled and authorized to procéed thereupon according to the Laws and course of that Court and to do and minister right and Iustice therein with all things thereto requisite And to give sentences and final Decrées and condemnations therein as by the rules of Iustice ought to be and that in the most spéedy manner and to put in execution and finally to execute and levy all and every sum and sums and whatever shall be adjudged sentenced or condemned by and according to the rules and course of Executions in the said Court and that without any manner of Let Disturbance Hinderance Obstruction or Impediment whatsoever that your Majesty may be for the same satisfied and paid according to right and Iustice Provided always and be it further hereby Enacted and Declared by the Authority aforesaid Proviso for the saving all Rights of the Lord High Admiral That all such Rights as during the Reign of your Majesties Royal Father of Blessed memory or your Majesties Reign belonged and appertained unto the Lord High Admiral of England or Lord Warden of the Cinque Ports for the time being by vertue of the said Office and have béen at any time since the year of our Lord One thousand six hundred forty and eight usurped possessed
or seised by any person or persons Bodies Politick or Corporate and not having accounted for the same to any Authority or pretended Authority Vsurping the Government of this Nation and not pardoned by the Act of Oblivion That all such person or persons Bodies Politick or Corporate shall account and pay the same to his Royal Highness James Duke of York your Majesties onely Brother Lord High Admiral of England or Lord Warden of the Cinque Ports upon suit for the same in the High Court of Admiralty Any thing in this Act the absence of the Lord High Admiral during these late troubles or the persons not having béen imployed or authorized by the said Lord High Admiral to the contrary in any wise notwithstanding Provided alwayes and be it Enacted by the Authority aforesaid How in defect of Iurisdiction in the Admiralty suit may be in the Exchequer That in case of defect of Iurisdiction in the Court of Admiralty for the recovering and levying of any such Prizes Goods matters and things aforesaid That then in such case upon Certificate thereof from the said Court of Admiralty made into his Majesties Court of Exchequer spéedy procéedings shall be had in the said Court of Exchequer for the recovering and levying of the Prizes Goods matters and things aforesaid according to Law and Iustice CAP. XV. The Trade of Silk-throwing regulated VVHereas the Company of Silk-throwers within the City of London and Liberties The Silk-throwers of London incorporated by Patent 5 Car. 1. and all their Servants and Apprentices within four Miles thereof were quinto Caroli primi Incorporated and made one Body Politick and are known by the name of the Master Wardens Assistants and Commonalty of the Trade Art or Mystery of Silk-throwers of the City of London And whereas the said Trade is of singular use and very advantagious to this Commonwealth by imploying the poor there being imployed by the said Company in and about the City of London as is expressed in their Petition above forty thousand men women and children who otherwise would unavoidably be burthensome to the places of their aboad And whereas the present Governours of the said Company by their Petition pray an enlargement of their Charter whereby they may be the better enabled to avoid the many deceits and inconveniencies they daily méet withal by Intruders who have not béen brought up Apprentices to the said Trade and others who settle themselves beyond the limits of their said Charter on purpose to avoid the Searchers and Supervision of the said Governours by which means they are at liberty to make and vend what Wares they please to the disparagement of the said Trade and discouraging of the Petitioners and all others of the said Trade that have duly served Apprentice thereunto according to the known Laws of this Nation For remedy whereof Be it Enacted by the Kings most Excellent Majesty by and with the advice and consent of the Lords Spiritual and Temporal and the Commons in this present Parliament Assembled and by Authority of the same None shall use the trade of a silk-thrower but such as have served as apprentices seven years That from and after the twenty fifth day of December which shall be in the year of our Lord One thousand six hundred sixty and two no person or persons whatsoever shall directly or indirectly use exercise continue or set up the said Trade Art of Mystery of a Silk-thrower within this Realm of England unless such as are or shall be Apprentices to the said Trade or shall have served seven years Apprentiship thereunto at the least upon pain that every person so offending contrary to this Act shall pay The penalty forfeit and lose the sum of forty shillings for every moneth the said person shall use or exercise the said Trade the one moyety thereof to the use of his said Majesty his Heirs and Successors and the other moyety thereof to such person or persons as shall sue for the same in any of the Courts of Record within this Realm of England Before whom to be recovered or before any the Iustices of Oyer and Terminer or the Iustices of the Peace at their Quarter-Sessions of the Peace by Action of Debt Bill Plaint or Information or by any other lawful ways or means whatsoever wherein no Protection Wager of Law or Essoign shall be allowed And for the better enabling of the said Master Wardens Assistants and Commonalty of Silk-throwers and their Successors in their Government Be it further Enacted by the Authority aforesaid That all and every person and persons whatsoever now using or exercising as Masters the said Art Every person using the trade in London and Westminster shall enter himself of the said corporation And be subject to the laws orders thereof The penalty Trade or Mystery or such as have served as Apprentices to the said Trade by the space of seven years at the least within the said Cities of London and Westminster and the several Suburbs thereof or within twenty miles compass of them or either of them shall before the twenty fifth day of December which shall be in the year of our Lord one thousand six hundred sixty and two be admitted and are hereby enjoyned to enter themselves into the said Society or Corporation and to perform and be subject and obedient to all such Statutes Laws Orders Ordinances and Constitutions as are or shall be made or ordained for or concerning the Exercise Regulation or Government of the said Art Trade or Mystery or of any person or persons using or exercising the same upon pain of forfeiture of the sum of forty shillings for every moneth he or they shall use or exercise the said Trade after the said twenty fifth day of December One thousand six hundred sixty and two the one moyety thereof to the use of his said Majesty his Heirs and Successors and the other moyety thereof to such person and persons as shall sue for the same in any the Courts of Record within this Realm of England or before any the Iustices of Oyer and Terminer or the Iustices of Peace at their Quarter-Sessions of the Peace by Action of Debt Bill Plaint or Information or by any other lawful wayes or means whatsoever wherein no Protection Wager of Law or Essoin shall be allowed Provided That such Laws Orders Ordinances and Constitutions so made or which shall be made be not contrary but agréeable with the Laws and Statutes of this said Realm and the Customs of the said City of London The power of the masters wardens and assistants And be it further Enacted by the Authority aforesaid That the said Masters Wardens Assistants and Commonalty and their Successors shall and may have and enjoy and that it shall and may be lawful to and for them from time to time and at all times hereafter to do perform and execute within the said Cities of London and Westminster and the several Suburbs thereof
his Majesties Exchequer before the four and twentieth of June one thousand six hundred sixty and two and have or shall have notice thereof by Process out of the Court of Exchequer or otherwise served upon his person or left at his house or last known place of Habitation before the nine and twentieth of September one thousand six hundred sixty and two and shall not before the first day of Easter Term then next ensuing perfect their Accounts touching the said Charge that then the Charge against all and every such person or persons shall be taken as a Debt by Writing Obligatory or Recognizance taken and acknowledged to the Kings Majesty according to the Statute aforesaid and that in both the said Cases Process shall be awarded as is used for recovery of debts due to his Majesty according to the Statute as aforesaid against him or them and against all and every their Sureties not pardoned or discharged by the said Act of Oblivion and his and their respective Lands Tenements Goods and Chattels and Debts and the said Charge to continue in force only until the Accounts shall be perfected and the Accountants discharge them thereof in due manner in the said Court of Exchequer with such allowances as are given by the said Act of Oblivion and untill payment made unto his Majesty of all such sums of money as shall be found due upon the determination of his or their Accounts CAP. XVII Relief of Collectors of Publick Moneys and their Assistants and Deputies BE it Enacted by the Kings most Excellent Majesty by and with the Advice and Consent of the Lords Spiritual and Temporal and the Commons in Parliament now assembled and by Authority of the same Collectors others imployed in levying money by vertue of any Act of Parliament being sued may plead the general issue That all Collectors and other Persons who have levied or Collected or shall Levy or Collect any sum or sums of money or other act done or shall do in order to the same by vertue of any Act of Parliament now in force or of any other Act Order or Ordinance allowed to be put in Execution by any such Act of Parliament as aforesaid and who is or shall be sued for or concerning the same by any other then the Kings Majesty his Heirs and Successors he and they may plead the General Issue and thereon give the special matter in evidence for his excuse and justification And that all and every person or persons already sued or impleaded for any the Causes aforesaid may notwithstanding any plea or demurrer already made by any such Defendant have liberty to change such his Plea and to plead the General Issue if he shall think fit so to do Provided always that neither this Act nor any thing therein contained shall extend or be construed to extend to authorize the levying or collecting of any sum or sums of money which are pardoned by the late Act 12 Car. 2. c. 11 Entituled An Act of Free and General Pardon Indempnity and Oblivion CAP. XVIII Exporting of Sheep Wool Wool-fells Mortlings Shorlings Yarn made of Wool Wool-flocks Fullers-Earth Fulling-Clay and Tobacco-pipe-Clay Prohibited WHereas against the Laws of this Kingdom great number of Shéep and great quantities of Wooll Wool-fels Mortlings Shorlings Yarn made of Wool Wool-flocks Fullers Earth or Fulling-Clay are secretly Exported Transported carried and conveyed out of the Kingdom of England Dominion of Wales the Town of Berwick upon Tweed and Kingdom of Ireland into the Kingdom of Scotland and into Foreign parts to the great decay of the Woollen Manufactures the ruine of many Families and the destruction of the Navigation and Commerce of the Kingdoms Town and Dominion aforesaid which is like daily to increase if some further remedy be not provided and further penalties imposed upon the Offenders therein Be it therefore Enacted by the Kings most Excellent Majesty by and with the Advice and consent of the Lords Spiritual and Temporal and Commons in this present Parliament assembled and by the Authority of the same That if any person or persons shall from and after the first day of August Exporting or carrying of sheep wooll woolfels mortlings shorlings yarn woolflocks Fullers earth Fulling clay out of England Wales or Ireland One thousand six hundred sixty and two directly or indirectly Export Transport Carry or Convey or shall cause to be Exported Transported Carryed or Conveyed out of or from the Kingdom of England Dominion of Wales or Town of Berwick upon Tweed or after the first day of January One thousand six hundred sixty and two out of the Kingdom of Ireland into any parts or places out of the Kingdoms or Dominion aforesaid or into the Kingdome of Scotland any Shéep or Wool whatsoever of the bréed or growth of the Kingdoms or Dominion aforesaid or any Wool-fells Mortlings Shorlings Yarn made of Wool Wool-flocks or any Fullers Earth or Fulling-Clay whatsoever or shall directly or indirectly pack or load or cause to be packed or loaden upon any horse Cart or other Carriage or shall load or lay on board or cause to be loaden or laid on board in any Ship or other Vessel in any place within the Kingdoms of England or Ireland Dominion of Wales or Town of Berwick upon Tweed aforesaid any such Shéep Wooll Wool-fels Mortlings Shorlings Yarn made of Wooll Wool-flocks Fullers Earth or Fulling Clay to the intent or purpose to Export Transport Carry or convey the same or to cause the same to be Exported Transported Carryed or conveyed out of the Kingdoms of England or Ireland the Dominion of Wales or Town of Berwick upon Tweed aforesaid into the Kingdom of Scotland or into any Foreign parts that then every such offence shall be adjudged Felony Made Felony and the Offender or Offenders being duly Convicted shall suffer and forfeit as in case of Felony Aiders and assisters therein shall be adjudged Felons And be it further Enacted by the Authority aforesaid That every Owner of any such Ship or other Vessel every owner of every horse Cart or Carriage upon which any Shéep Wooll Wool-fels Mortlings Shorlings Yarn made of Wool Woolflocks Fullers Earth or Fulling Clay shall be so Exported Transported carryed or conveyed as aforesaid or to any such intent or purpose as aforesaid knowing thereof and being wittingly and willingly aiding assisting or consenting thereunto and also every Master and Mariner of or in such Ship or other Vessel wherein any such Shéep Wooll Wool-fels Mortlings Shorlings Yarn made of Wooll Woolflocks Fullers Earth or Fulling Clay shall be so exported transported carryed or conveyed or loaden or laid on Board as aforesaid to any such intent or purpose as aforesaid knowing thereof and being wittingly and willingly aiding assisting or consenting thereunto and also every Factor or servant or other person whatsoever and every Customer Comptroller Waiter Searcher Surveyor or other Officer or person whatsoever knowing thereof and being wittingly or willingly
aiding assisting or consenting thereunto shall be and shall be adjudged and taken to be a felon and every Offender and Offenders therein being duly convicted shall suffer and forfeit as in case of felony And be it further Enacted by the Authority aforesaid That every offence Offences against this Act where to be examined tryed which shall be done or committed contrary to this Act shall and may be enquired of and heard examined tryed and determined in the County where such Shéep Wool Woolfels Mortlings Shorlings Yarn made of Wool Woolflocks Fullers Earth or Fulling Clay respectively shall be so Packed laden or laid on board as aforesaid or else in the County where such Offender shall happen to be apprehended or arrested for such offence in such manner and form and to such effect to all intents and purposes as if the same offence had béen wholly done and committed in the same County Provided also that every Baron and other Péer of this Realm Peers which shall be indicted or accused as principal or accessary in or to any offence made felony by this Act shall have his her or their Tryal by his her or their Péers as in cases of felony at the Common Law Provided always and be it Enacted by the Authority aforesaid None to be impeached unless within one year next after the offence committed That no person or persons whatsoever shall at any time hereafter be impeached for any offence made felony by this Act unless such person or persons shall be thereof indicted within the space of one year next ensuing such offence committed And forasmuch as great quantities of Wool Woollen yarn and Wool-flocks are close packed and pressed together with serues and other unlawful engines into Butts Pipes Hogsheads Chests and other Cask and Vessels and into Sacks Baggs and other wrappers made of Wool or Linen and under colour of Bales Sacks Baggs Packs and Casks of other Goods and otherwise great quantities of the same are daily loaden on board of Ships or other Vessels and so are carryed conveyed exported and transported out of the Kingdoms Town of Berwick and Dominion aforesaid and also great quantities are daily carryed and laid at or near the Coasts of the Sea or some Navigable Rivers into Store-houses and Barns and by night are laid on board of Shallops and other Vessels belonging to Aliens and so carryed and exported out of the Kingdoms Town of Berwick and Dominion aforesaid Be it therefore Enacted by the Authority aforesaid That from and after the said first day of August Scrues and unlawful Engines for pressing together of wool not to be used no person or persons shall press together with any Scrues Presses or other Engines into any Sack Pack Bag or other wrapper or shall put press pack or stean any Wool whatsoever or any Yarn made of Wool into any Butt Pipe Hogshead Chest or any other Cask or Vessel upon any pretence whatsoever or shall carry or lay or cause to be carried or laid at or near the Shore or Coasts of the Sea or of any Navigable River or into any house or place near adjoyning thereunto any such Wool Wool-flocks or Yarn made of Wool with intention to export transport carry or convey the same out of the Kingdoms of England or Ireland Town of Berwick upon Tweed or Dominion of Wales into the Kingdom of Scotland or into any Foreign parts under the penalty of the loss and forfeiture of all such Wool The penalty Wool-flocks and Yarn made of Wool as shall be so packed or pressed or put or laid into Cask or carried and laid near to the Sea-shoar or to any Navigable River as aforesaid or the value thereof And whereas great quantities of Fullers Earth or Fulling Clay Fulling clay Tobacco-pipe clay not to be exported are daily carried and exported under the colour of Tobacco-pipe Clay Be it therefore Enacted by the Authority aforesaid That no Tobacco-pipe Clay shall from and after the first day of August One thousand six hundred sixty and two be exported transported carried or conveyed out of or from the Kingdom of England Town of Berwick upon Tweed or after the first day of January One thousand six hundred sixty and two out of or from the Kingdom of Ireland or the Dominion of Wales The penalty into the Kingdom of Scotland or into any Foreign parts or into any Port or place out of the Kingdoms or Dominion aforesaid under the penalty of thrée shillings for every pound of Tobacco-pipe Clay which shall be exported or transported contrary to this Act. And be it further Enacted by the Authority aforesaid That from and after the first day of August One thousand six hundred sixty and two no Packs Sacks Bags or Cask of any Wool Packs of wool woolfels c. shall not be carryed but in the day time Wool-fels Mortlings Shorlings Yarn made of Wool Wool-flocks Fullers Earth Fulling Clay or Tobacco-pipe Clay shall be laid or loaden on any horse cart or other carriage whatsoever or shall be carried or conveyed by land to or from any place or places within the Kingdom of England Town of Berwick or Dominion aforesaid nor after the first day of January One thousand six hundred sixty two in the Kingdom of Ireland but in the day time and at seasonable hours that is to say from and after the first day of March to the nine and twentieth day of September yearly betwéen the hours of four of the clock in the morning and eight of the clock in the evening and from the nine and twentieth day of September to the first day of March yearly betwéen the hours of seven of the clock in the morning and five of the clock in the evening The penalty under the penalty of the loss and forfeiture of all such goods or the value thereof the one moyety of all which forfeitures mentioned in this Act to be to the use of the King his Heirs and Successors and the other moyety to him or them that will sue for the same by Action of Debt Bill Plaint or Information in any Court of Record in which no Essoign Protection or Wager of Law shall be admitted or allowed Provided nevertheless Proviso concerning the Act. That this Act or any thing therein contained shall not extend or be construed to extend to repeal disanul and make void any the Penalties Clauses or Provisoes mentioned in one Act of this present Session of Parliament made against the transportation of Wool Wool-fels Fullers Earth or any kind of Scouring Earth 12 Car. 2. c. 32 13 Car. 2. c. 14 or to the prohibiting of the loading on board of any Ship or Vessel of any Weather-sheep Wool Wool-flocks or other goods mentioned in this Act that by the aforesaid Act is permitted to be loaden on board of any Ship or Vessel for the necessary use or provision of such ship or vessel as aforesaid Any thing in this Act contained to
by the Authority aforesaid That every Chéese-monger or other person whatsoever which shall sell to any person or persons any Kilderkin or Kilderkins Firkin or Firkins Pot or Pots or other Cask of Butter made after the said First day of June Cheese-mongers and all sellers of butter by the Kilderkin or c. shall deliver the full quantity to the Retailer which shall be in the year of our Lord One thousand six hundred sixty and Two shall deliver in every such Kilderkin Firkin and other Cask and Pot respectively the full quantity and due quality appointed by this Act and not less or in default thereof shall be liable to make satisfaction to him or them that buy the same for what shall be wanting according to the price for which the same was sold And be it further Enacted by the Authority aforesaid That from and after the said First day of June None shall repack butter which shall be in the year of our Lord One thousand six hundred sixty and two no Chéese-monger or other person or persons whatsoever shall repack for sale any Butter in any Kilderkin Firkin The penalty or other Cask or Pot whatsoever upon pain and penalty that every Chéese-monger or other person whatsoever which shall repack any Butter into any Kilderkin or Kilderkins Firkin or Firkins Cask or Casks Pot or Pots to sell the same again shall for every Firkin Cask or Pot so packed forfeit the sum of Double the value of all such Butter And for the better discovery of all frauds and abuses which shall be committed against this Act Be it further Enacted by the Authority aforesaid That every Farmer and other person persons packing up Butter in Kilderkins Firkins or any other Cask whatsoever for sale do from after the said First day of June which shall be in the year of our Lord One thousand six hundred sixty two pack up his Butter into good sufficient Cask Farmers and other sellers shall set their marks of the weight upon good and sufficient Casks made of sound dry well-seasoned Timber and shall set upon every Firkin and Cask whatsoever when the same is throughly and fully seasoned in water a continuing visible mark of the just Weight of the empty Cask and do likewise set upon every Kilderkin Firkin and Cask when the same is filled with Butter the first Letter of his or their Christian name and his or their Sirname at length with an Iron brand upon pain and penalty that every Farmer or other person or persons whatsoever offending in not putting on the Mark of such Weight of Kilderkin And their names Firkin or other Cask after seasoning or not setting the first Letter of his or their Christian name and his or their Sirname at length on every Firkin and Cask as aforesaid shall for every such offence respectively forfeit the sum of Ten shillings for every Hundred weight of Butter and so proportionably for a greater or lesser quantity that shall be in every such Cask Potters shall set their weight of every pot burnt and their names And be it further Enacted by the Authority aforesaid That every Potter shall set upon every Pot which he shall sell for packing up of Butter the just weight which shall be of every such Pot when it is burnt together with the first Letter of his or their Christian name and his or their Sirname at length upon pain and penalty that every Potter which shall not so do shall forfeit pay for every Pot which he shal expose to sale for the use aforesaid whereupon he shall not have first set the just Weight and the first Letter of his Christian name and his Sirname at length as aforesaid the sum of One shilling and that no Farmer or other person whatsoever shall expose to sale any Butter packed up in any other Pot than such as shall be marked by the Potter as aforesaid upon penalty of Two shillings for every Pot of Butter which he shall expose to sale as is not so marked all and every of which said Offences are to be enquired of sued for heard and determined in the Sessions of Peace for the County City Borough Town or Liberty or in the Court of Record of the City Borough Town or Liberty wherein such offence shall be committed by Action of Debt Indictment Information or Presentment How to be disposed wherein no Essoign Protection or Wager of Law shall be allowed to the Defendant and the one half of all such Forfeitures shall be to the use of the poor people inhabiting within the Parish where such offence shall be from time to time committed to be paid to the Church-Wardens and Overséers of the poor of and in such Parish and the other half to him or them that will sue for the same Double Costs besides his double Costs thereby expended Provided That every Suit and Information which shall be brought upon this Act Within what made suit must be begun upon this Act. shall be commenced within four moneths after the sale of such Butter CAP. XXVII For Repairing of Dover-Harbour WHereas it is found by long experience that Dover-Harbour is and hath béen of very great use and benefit to the Merchants of this Realm and others passing through the Narrow Seas whereunto they have and do enter to avoid imminent danger of Tempests Pirats or the Common Enemy in time of War And whereas the said Harbour of late by Tempests and the violence of the Sea hath béen much broken ruined and decayed and in great danger of being lost unless timely prevented by repairing thereof which cannot be without great charges and expences as well in the present repair as in the future maintenance of the same whereof his Majesty being Informed and minding the good and safety of Merchants and Sea-faring men hath of late of his Majesties goodness and liberality bestowed a great sum of money in and about the repairing of the said Harbour which yet is not sufficient to carry on that work and to secure it for the future And to the end that the same may be from time to time maintained and kept in good repair for the use and benefit of Merchants and Sea-faring men And that such provision for the maintenance thereof may now be made 1 Jac. cap. 32. as by an Act of Parliament made in the First year of his Majesties Grand-father King James of ever blessed memory hath béen formerly done and provided for Be it Enacted by the Kings most Excellent Majesty by and with the Advice and Consent of the Lords Spiritual and Temporal and the Commons in this present Parliament assembled and by the Authority of the same That from and after the Four and twentieth day of June next ensuing during the space of seven years thence next following there shall be paid by the Master Duties payable at and towards the Repair of Dover-Harbour or Owner of every Ship
Vessel or Crayer whereof any of his Majesties Subjects of England shall be Owners or Part-owners of the burthen of Twenty Tuns or upwards and not excéeding the burthen of Two hundred and fifty Tun for every Voyage Loading or Discharging within this Realm or to or from any Foreign Countrey beyond the Seas and passing to or from London or for from to or by Dover or coming into the Harbour there not having a Cocquet testifying his payment before for the Voyage towards the Repair of Dover-Harbour the sum of Thrée pence for every Tun of the burthen of every such Ship Vessel or Crayer except Vessels loaden with Sea-Coals or Grind-stones or Purbeck or Portland-stone and for every Chauldron of Sea-coals or Tun of Grind-stones peny half-peny the same to be paid to the Customer or Collector of Customs or Subsidies or their Deputies within this Realm in such Port from whence such Ship Vessel or Crayer shall set forth or where such Ship Vessel or Crayer shall arrive before they load or unload the Goods therein The Accompt of the number of the said number of the said Tuns to be made according to the Entry of Goods in every Ship Vessel or Crayer in the Custom-house and no Entry thereof to be allowed in any Office of Customs or Subsidies without true information before made by oath of the Master Owner or Shipper of such Ship Vessel or Crayer concerning the burthen thereof and payment by him made of the sums aforesaid of which payment the Master Owner or Shipper paying the same shall have allowance of the Merchants according to the rate of the Goods in the same Ship Vessel or Crayer by way of Average And the Customer or Collector or his Deputy receiving the sums aforesaid or any of them shall disburse and pay the same from time to time to the Treasurer of the said Harbour for the time being or such person or persons as he shall assign to receive the same to be expended in and about the repair of the said Harbour And every Customer or Comptroller or their Deputies that shall make any Entries of Customs or Subsidies of any Goods in the said Ships Vessels or Crayers before such Information as aforesaid concerning the burthen thereof shall be made or before payment made of the sums before limited to be paid by this Act or shall make any wilful default in not collecting the said sums or any of them or not paying the same over from time to time to the Treasurer of the said Harbour for the time being or such person or persons as he shall assign to receive the same as aforesaid shall forfeit to the use of the Reparations of the said Harbour Ten pounds for every such default to be recovered by Action of Debt in any Court of Record by the Warden and Assistants of the said Harbour for the time being in which Suit no Essoign Protection or Wager of Law shall be allowed Who shall inspect and oversee the Repairs Provided alwayes and be it Enacted by the Authority aforesaid That it shall and may be lawful to and for the Master and Wardens of the Trinity-House of London for the time being to appoint such person or persons as they shall think fit to inspect and oversée the repairs and works to be made for the security of the said Harbour And that they may once every year during the term of seven years aforesaid require an accompt of the respective Collectors of the Duties aforesaid and the Treasurer for the said Harbour for the time being of the moneys by them respectively received by vertue of this Act and of the disbursments thereof And if the said Collectors and Treasurer shall not within six wéeks next after demand of such Accompt give in the same accordingly or if thereupon it shall appear that the said money shall not be duly disbursed in and about the said Repair and the Works for the securing and maintenance of the said Harbour according to the intent of this Act or if the said Harbour shall within the time aforesaid be sufficiently repaired and secured That then the said Master and Wardens shall inform the Lords of his Majesties Privy Council thereof who shall and may thereupon and to that purpose are hereby impowred to suspend or cause all and every further payments by vertue of this Act to cease and determine if they shall sée cause Proviso for Ships belonging to Weymouth Melcomb-Regis Lime Regis Provided always and be it Enacted by the Authority aforesaid That all Ships and Vessels belonging to the Ports of Weymouth and Melcombe-Regis and Lime-Regis in the County of Dorset having a Peire and Cob of their own which by reason of their poverty at present they are not able to maintain shall be exempt from contributing or paying any thing to the Harbour of Dover mentioned in this Act Any thing herein contained to the contrary notwithstanding so as they shall bring Certificate made upon Oath before the Mayor and under the Common Seal of the said respective Corporations That the said Ships and Vessels do properly belong thereunto And that the Inhabitants of the said respective Corporations are Owners of the major part of the said Vessels Provided always and be it hereby Enacted That this Act or any thing herein contained shall not extend to Authorize the Collection of more then the sum of Twenty two thousand pounds in the whole And then the said Collection to cease CAP. XXVIII Pilchard Fishing in the Counties of Devon and Cornwal Regulated Fishery of great concernment to this Nation WHereas the Publick Honour Wealth and Safety of this Realm as well in the the maintenance of Trade and support of Navigation as in many other respects doth in an high degrée depend upon the improvement and incouragement of the Fishery And forasmuch as of late years there have divers pernicious disorders and abuses by the licentiousness of the times crept in and yet continue evidently destructive to that Trade for prevention and redress whereof there is no Law hitherto particularly provided in the growing evils occasioned by Driving-Nets and other fraudulent and injurious practises to the extream damage of the Fishery Be it therefore Enacted by the Kings most Excellent Majesty by and with the Advice and Consent of the Lords Spiritual and Temporal and the Commons in Parliament assembled Times prohibited to Fish in Cornwall and Devon and it is Enacted by the Authority aforesaid That from and after the Five and twentieth day of May One thousand six hundred sixty and two no person or persons shall in any year from the First day of June till the last of November presume to take Fish in the high Sea or in any Bay Port Créek or Coast of or belonging to Cornwal or Devon with any Drift-Net Trammel or Stream-Net or Nets or any other Nets of that sort or kind Penalty unless it be at the distance of one League and an half at least from the
it was further Enacted That no Groats or Half-groats shall be moulten by any man to make Vessel or other thing thereof upon the same pain And whereas divers persons do elude the said Statutes as well Goldsmiths as others by melting Silver-Coyns of this Realm above the value of Groats to the great diminishing of the Silver-Coyn of this Realm and the hindrance of the Commerce of the same Be it therefore Enacted by the Kings most Excellent Majesty by and with the Advice and Consent of the Lords Spiritual and Temporal and the Commons in this present Parliament assembled and by Authority of the same That no person or persons whatsoever shall after the Twentieth day of December One thousand six hundred sixty two None shall melt currant Silver Money The Penalty wilfully melt or cause to be melted any of the currant Silver-money of this Realm upon pain not only of forfeiture of the same but also of the double value of any such Coyn so melted the one half to his Majesty his Heirs and Successors the other half to the Informers who shall sue for the same upon Action of Debt Bill Plaint or Information in any of His Majesties Courts at Westminster in which no Essoign Wager of Law or Protection shall be allowed And moreover That the said person or persons offending contrary to the Tenor of this Act if he or they be a Fréeman or Fréemen or priviledged person or persons of any City or Corporation within this Kingdom of England shall upon legal conviction for the same be forthwith disfranchised and made uncapable of exercising the Trade of a Goldsmith or any other Mystery by vertue of the Priviledges of the City or Corporation of which he or they are members And if the said person or persons offending and convict as aforesaid shall not be a Fréeman or Fréemen or priviledged person or persons of any City or Corporation as aforesaid then he or they shall suffer imprisonment without Bail or Mainprize for the space of Six moneths next ensuing his or their Conviction as aforesaid CAP. XXXII The Manufacture of Broad Woollen Cloth within the West-Riding of the County of York Regulated WHereas divers abuses and deceits have of late years béen had and used in the Manufacture of Broad Woollen Cloth made within the West-Riding of the County of York and the spinning and deceitful working thereof which tends to the great debasing and undervaluation of the said Manufacture both at home and also in Forreign parts where the same is usually vended For prevention of all which abuses and deceipts It is Enacted by the Kings most Excellent Majesty by the Advice and Consent of the Lords Spiritual and Temporal and Commons Assembled in Parliament That from and after the next Monday after Easter which shall be in the year of our Lord God One thousand six hundred sixty and two there be and shall be a Corporation to continue for ever within the said West-Riding of the County of York consisting of all the Iustices of the Peace of the said West-Riding for the time being A Corporation of Clothiers in the West-Riding of Yorkshire Two Masters Ten Wardens Twelve Assistants and Commonalty All which said Masters Wardens and Assistants are to be of the ablest and best experienced Clothiers within the said West-Riding and such as have served and béen brought up in the Trade and Mystery of Clothing by the space of seven years according to the Laws and Statutes of this Realm One of which said Masters Five of which said Wardens and Six of which said Assistants shall be chosen the first Monday after Pentecost then next following and from thenceforth to be yearly and every year chosen upon the next Monday after Pentecost at some publique place by the Frée Clothiers of the said West-Riding inhabiting within the Parish of Leeds in the said County of York the greater part of them present at such Election and the other Master Five Wardens and Six Assistants shall be chosen upon the same days at some publique place by the Frée Clothiers inhabiting out of the said Town and Parish of Leeds or the greater part of them present at the said Election of the parts adjacent within the said West-Riding And in case any of the said Masters Wardens and Assistants after their said respective Elections do happen to die that then it shall and may be lawful at any Court to be holden next after such Decease to Elect others in their respective places And the said Wardens Masters and Assistants respectively shall within eight days after their first Choice and Election take the Oaths of Allegiance and Supremacy which any two Iustices of the Peace within the West-Riding whereof one to be of the Quorum have hereby power to Administer and also the ensuing Oath Viz. I A. B. do swear The Oath to be taken by the Master Wardens and Assistants That I will well faithfully and honestly perform and discharge the Office of a Master of the Corporation of the Free Clothiers according to the best of my Skill Power and Knowledge So help me God And the like Oath and Oaths to be Administred to the Wardens and Assistants respectively mutatis mutandis And for ever after the said Iustices of the Peace Masters Wardens and Assistants and their Successors or any Thirtéen of them shall and have hereby power to Administer the like Oath or Oaths to such Officer or Officers faithfully and honestly to perform and discharge his and their said Office and Offices to which he or they are and shall be so chosen by this Act at any Court to be by them holden in manner hereafter declared And it is further Enacted by the Authority aforesaid That the said Iustices of the Peace Who shall be of the said Corporation for ever and how called Masters Wardens and Assistants for the time being together with the said Frée Clothiers of the said West-Riding shall for ever hereafter in name and in fact be one Body Politique and Corporate in Law to all intents and purposes and shall have a perpetual Succession and be called by the name of the Supervisors Masters Wardens Assistants and Commonalty of the Trade or Mysterie of Clothiers for the well making of Broad Woollen Cloth within the West-Riding of the County of York and that they shall be enabled to Plead and Sue and to be Sued and Impleaded by that name in all Courts and Places of Iudicature within this Kingdom And by that name shall and may without Licence in Mortmain purchase take or receive any Lands Tenements or Hereditameats of the Gift Alienation or Demise of any person or persons who are hereby without further Licence enabled to transfer the same and any Goods and Chattels whatsoever for the use and benefit of the Corporation aforesaid not excéeding the yearly value of Two hundred pounds And for the better Regulation of the said Goverment of the said Trade and Manufacture the said Iustices of the Peace Masters
power to Administer as followeth The Oath to be taken by Searchers I A. B. do swear that I shall well and truly execute the Office of Searcher of Broad Woollen Cloth within the West-Riding of the County of York according to the Laws and Statutes of this Realm and according to the best of my Skill and Knowledge So help me God And be it further Enacted That if any Searcher shall fail in the due Execution of his Office contrary to his Oath and Laws and Statutes in that case made and provided every such Searcher shall forfeit and lose for such Fault or not setting to such Seal of Lead as aforesaid Five pounds Penalty upon Searchers And that it shall and may be lawful to and for any other Searcher in the West-Riding taking with him one of the said Wardens of the said Corporation to research any of the said Clothes Any thing in any former Statute to the contrary thereof in any wise notwithstanding The Authority and power of the Searchers And it is further Enacted That it shall and may be lawful to and for all and every such Searcher and Searchers from time to time so often as occasion shall require to enter into any Shop house Ware-house or any other place in the day-time of any Clothiers Drapers Cloth-Workers or of any other person or persons whatsoever where any of the said Cloths shall be within the said West-Riding to search for all suspected Cloth And in case of resistance the party so resisting shall forfeit the sum of Ten pounds the one half thereof to His Majesty the other half to the use of the said Corporation And if upon such Search any Broad-Cloth shall be found made of or mixed with Flocks Thrums Goats hair or other deceitful Wooll the said Cloth shall be and is hereby Declared and Enacted to be forfeited And that it shall and may be lawful to and for the said Iustices Masters Wardens and Assistants or any thirteen of them at any Court to be by them held as aforesaid to dispose thereof in such manner as by the Laws and Statutes of this Realm the same ought to be disposed None may make broad Cloth but such as have served as apprentizes so Clothiers for 7. years or have been exercised in the Trade for that time The Penalty Housholders and houswifes may not make Cloth to sell not being free of the said Trade The Penalty And be it further Enacted That no person or persons within the said West-Riding who hath not served as an Apprentice to the Trade of Clothier for the space of Seven years or have not béen exercised therein by the like space of seven years before shall make any Broad-Cloth to sell under the penalty of five pounds for every Moneth that he she or they shall continue to exercise the said Trade excepting such persons only as now be in the actual use and exercise of the said Trade That one moyetie thereof to be paid to the Kings Majesty His Heirs and Successors and the other moyetie to the use of the said Corporation And that no Housholder or Houswife within the said West-Riding or elsewhere within the said County not being frée of the said Trade of Clothiers or not having béen exercised therein as aforesaid or not being the widow of any such person as aforesaid shall from the Feast of Pentecost next ensuing make or cause to be made any Woollen Cloth whatsoever unless it be to the use of themselves their Children and Families but not to sell upon pain to forfeit double the value for every Piece of Cloth so made and exposed to sale one moyetie thereof to His Majesty the other moyetie to any person who shall sue for the same in any of His Majesties Courts of Record wherein no Essoin Protection or Wager of Law shall be allowed Power to appoint a Clerk Register Treasurer and other Officers And it is further Enacted by the Authority aforesaid That the said Iustices Masters Wardens and Assistants or any thirtéen of them are hereby impowred to nominate and appoint a Clerk a Register and Treasurer and such other Officer and Officers to sée the due execution of the several Powers given by this Act as they in their Discretions shall think méet and to give them an Oath or Oaths for the due execution of their several places as aforesaid And it is further Enacted by the Authority aforesaid That all Fines How the fines and forfeitures shall be levied Forfeitures and Penalties imposed or to be levied by virtue of this Act the means and recovery whereof is not otherwise herein provided for and set forth shall be levied by distress and sale of the offender or offenders Goods and Chattels by Warrant from the said Iustices Masters Wardens and Assistants or any thirtéen of them rendring the overplus to the Owner thereof upon demand And be it further Enacted by the Authority aforesaid Counterfeiting the Seal of the Corporation That if any person or persons whatsoever shall counterfeit the Seal of the said Corporation he or they so offending shall forfeit the sum of Twenty pounds of often as such person or persons shall upon due proof be found guilty of the same which said forfeiture is to be levyed by distress and sale of the Offenders Goods The Penalty rendring the overplus to the Owner thereof upon demand and for want of such distress such person and persons to be committed to the Common Goal of the County where he or they shall be found by Warrant under the Hand and Seal of any one of the Iustices of the Peace of the said County there to remain without Bail or Mainprize for the space of six moneths or until such person or persons shall have paid the Fine as aforesaid And be it Enacted That all and every Article All clauses in any other Statute contrary to this Act concerning Clothing Repealed Clause and Sentence in any Act of Parliament heretofore made touching and concerning the said abuses of Broad Woollen Clothes in this Act mentioned and being repugnant or contrary to any Article and Sentence in this Act shall as touching the said Clothes only made within the said West-Riding from and after the Feast of St. John Baptist which shall be in the year of our Lord God One thousand six hundred sixty and two be utterly void to all intents and purposes whatsoever And in all Actions and Suits that shall be brought against any person or persons for Acting in any thing according to the true intent and meaning of this Act the person or persons so sued or molested Persons sued for executing this Act may plead the generall Issue shall or may plead the general Issue of Not guilty and give the special matter in evidence and shall recover double Costs in every such case if the Verdict pass for such person or persons or that the Plaintiff or Plaintiffs be Non-suit therein Provided always That nothing
Government Books belonging to particular persons nor any Book or Books the right of Printing whereof doth solely and properly belong to any particular person or persons without his or their Consent first obtained in that behalf Every Licenser shall have a written copy of the Book licenced And be it Enacted by the Authority aforesaid That every person and persons who by vertue of this present Act are or shall be appointed or authorized to License the Imprinting of Books or Reprinting thereof with any Additions or Amendments as aforesaid shall have one written Copy of the same Book or Books which shall be so Licensed to be Imprinted or Reprinted with the Titles Epistles Prefaces Tables Dedications and all other things whatsoever thereunto annexed How and where the said Copy shall be kept which said Copy shall be delivered by such Licenser or Licensers to the Printer or Owner for the Imprinting thereof and shall be solely and intirely returned by such Printer or owner after the Imprinting thereof unto such Licenser or Licensers to be kept in the publick Registries of the said Lord Archbishop or Lord Bishop of London respectively or in the Office of the Chancellor or Vice-Chancellor of either the said Vniversities or with the said Lord Chancellor or Lord Kéeper of the great Seal for the time being English Books how to be Licensed or Lords Chief Iustices or Chief Baron or one of them or the said Principal Secretaries of State or with the Earl Marshal or the said Kings of Armes or one of them of all such Books as shall be Licensed by them respectively And if such Book so to be Licensed shall be an English Book or of the English Tongue there shall be two Written Copies thereof delivered to the Licenser or Licensers if he or they shall so require one Copy whereof so Licensed shall be delivered back to the said Printer or Owner and the other Copy shall be reserved and kept as is aforesaid to the end such Licenser or Licensers may be secured that the Copy so Licensed shall not be altered without his or their privity And upon the said Copy Licensed to be Imprinted he or they who shall so License the same shall Testifie under his or their hand or hands That there is not any thing in the same contained that is contrary to the Christian Faith or the Doctrine or Discipline of the Church of England or against the State or Government of this Realm or contrary to good life or good manners or otherwise as the nature and subject of the Work shall require which License or Approbation shall be Printed in the beginning of the same Book with the Name or Names of him or them that shall Authorize or License the same All Books from beyond Sea shall be brought to the Port of London only for a Testimony of the allowance thereof And be it further Enacted by the Authority aforesaid That every Merchant of Books and person and persons whatsoever who doth or hereafter shall Import or bring any Book or Books into this Realm from any parts beyond the Seas shall Import the same in the Port of London only and not elsewhere without the special License of the Archbishop of Canterbury and Bishop of London for the time being or one of them who are hereby authorized to grant Licenses for that purpose and shall before such time as the same Book or Books or any of them be delivered forth or out of his or their hand or hands or exposed to Sale give and present a true Note or Catalogue in writing of all and every such Book or Books unto the Lord Archbishop of Canterbury and Lord Bishop of London for the time being or to one of them and no Merchant or other person or persons whatsoever which shall import or bring any Book or Books into the Port of London aforesaid from any parts beyond the Seas shall presume to open any Dry-Fats Bales And not to be opened or uttered until viewed by the Archbishop of Canterbury Bishop of London or some other by one of them appointed Packs Maunds or other Fardles of Books or wherein Books are nor shall any Searcher Waiter or other Officer belonging to the Custom-house upon pain of losing his or their place or places suffer the same to pass or to be delivered out of his or their hands or Custody before such time as the Lord Archbishop of Canterbury and the Lord Bishop of London for the time being or one of them shall have appointed some Scholar or learned man with one or more of the said Company of Stationers and such others as they shall call to their Assistance to be present at the opening thereof and to view the same And if there shall happen to be found any Heretical Seditious Scandalous Schismatical or other dangerous or offensive Book or Books or any part of such Book or Books Printed in English they shall forthwith be brought to the said Lord Archbishop of Canterbury and Lord Bishop of London for the time being or to one of them or to some publick place to be assigned and chosen by the said Lord Archbishop Hereticall Seditious or dangerous Books Imprinted upon ported how to be proceeded upon and Lord Bishop for the time being to the end the person and persons which Importeth or causeth the said Offensive Books to be Imported may be procéeded against as an offender against this present Act And also that such further course may be taken concerning the same offensive Book or Books as by the said Lord Archbishop and Bishop for the time being shall be thought fitting for the suppressing thereof And be it further Enacted by the Authority aforesaid That no person or persons shall within this Kingdom or elsewhere Imprint or cause to be Imprinted nor shall Import or bring in or cause to be Imported or brought into this Kingdom from or out of any other His Majesties Dominions nor from any other parts beyond the Seas any Copy or Copies Book or Books or part of any Book or Books or Forms of blank Bills or Indentures for any His Majesties Islands Printed beyond the Seas or elsewhere Copies of Books Forms of blank Bills or Indenturs whereof any have Letters Patents for sole Printing which any person or persons by force or vertue of any Letters Patents granted or assigned or which shall hereafter be granted or assigned to him or them or where the same are not granted by any Letters Patents by force or vertue of any Entry or Entries thereof duly made or to be made in the Register Book of the said Company of Stationers or in the Register Book of either of the Vniversities respectively have or shal have the right Priviledge Authority or Allowance solely to Print without the consent of the Owner or Owners of such Book or Books Copy or Copies Form or Forms of such blank Bills nor shall Binde Stitch or put to Sale any such Book or Books or
are hereby impowered to hear and examine the said Offence and to commit the said Offender and Offenders to the Common Gaol of the County where he or they shall be apprehended And no Master Printer or Master Founder of Letters for Printing shall from henceforth imploy either to work at the Case or Press or otherwise about his Printing any other person or persons then such only as are English-men and Fréemen or the Sons of Fréemen or Apprentices to the said Trades or Mysteries of Printing or Founding of Letters for Printing respectively And for the better discovering of Printing in Corners without License Be it further Enacted by the Authority aforesaid That one or more of the Messengers of his Majesties Chamber Who may search houses and Shops for suspected Books and Papers by Warrant under his Majesties Sign Manual or under the Hand of one or more of his Majesties Principal Secretaries of State or the Master and Wardens of the said Company of Stationers or any one of them shall have power and authority with a Constable to take unto them such assistance as they shall think néedful and at what time they shall think fit to search all Houses and Shops where they shall know or upon some probable reason suspect any Books or Papers to be printed bound or stitched especially Printing-Houses Book-sellers Shops and Ware-houses and Book-binders Houses and Shops and to view there what is imprinting binding or stitching and to examine whether the same be Licensed and to demand a sight of the said License and if the said Book so imprinting binding or stitching shall not be Licensed then to Seize upon so much thereof as shall be found imprinted together with the several Offenders and to bring them before one or more Iustices of the Peace who are hereby authorized and required to commit such Offenders to prison there to remain until they shall be tried and acquitted or convicted and punished for the said Offences And in case the said Searchers shall upon their said Search find any Book or Books or part of Books unlicensed which they shall suspect to contain matters therein contrary to the Doctrine or Discipline of the Church of England or against the State and Government Then upon such suspition to seise upon such Book or Books or part of Book or Books and to bring the same unto the said Lord Archbishop of Canterbury and Lord Bishop of London for the time being or one of them or to the Secretaries of State or one of them respectively who shall take such further course for the suppressing thereof as to them or any of them shall séem fit And be it Ordained and Enacted by the Authority aforesaid That all and every Printer and Printers of Books Founder and Founders of Letters for Printing and all and every other person and persons working in or for the said Trades Offenders against this Act how to be punished who from and after the Tenth day of June in in the year One thousand six hundred sixty and two shall offend against this present Act or any Article Clause or Thing herein contained and shall be thereof Convicted by Verdict Confession or otherwise shall for the first offence be dis-enabled from exercising his respective Trade for the space of thrée years and for the second offence shall for ever thence-after be disabled to use or exercise the Art or Mystery of Printing or of Founding Letters for Printing shall also have and receive such further punishment by Fine Imprisonment or other Corporal Punishment not extending to Life or Limb as by the Iustices of the Court of Kings Bench or Iustices of Oyer and Terminer or Iustices of Assize in their several Circuits or Iustices of the Peace in their several Quarter Sessions shall be thought fit to be inflicted The which said Iustices of the Peace in their several Quarter Sessions shall have full power and authority to hear and determine all and every offence and offences that shall be committed against this Act or against any branch thereof upon Indictment or Information by any person or persons to be taken before them in their Sessions of Peace respectively and shall yearly certifie into the Court of Exchequer as in other like Cases they are bound to do the Fines by them imposed for any the offences aforesaid and shall and may also by vertue hereof award process and execution for the taking or punishing such Offenders as in any other Case they lawfully may do by any the Laws and Statutes of this Realm Printed Copies to be sent to his Majesties Library and the two Vniversities And be it further Enacted by the Authority aforesaid That every Printer shall reserve thrée printed Copies of the best and largest Paper of every Book new printed or reprinted by him with Additions and shall before any publick Vending of the said Book bring them to the Master of the Company of Stationers and deliver them to him one whereof shall be delivered to the Kéeper of His Majesties Library and the other two to be sent to the Vice-Chancellors of the two Vniversities respectively for the use of the publick Libraries of the said Vniversities Proviso for the priviledges of the two Vniversities Provided always That nothing in this Act contained shall be construed to extend to the prejudice or infringing of any the just Rights and Priviledges of either of the two Vniversities of this Realm touching and concerning the Licensing or Printing of Books in either of the said Vniversities Peers Houses Provided always That no Search shall be at any time made in the House or Houses of any the Péers of this Realm or of any other person or persons not being frée of or using any of the Trades in this Act before mentioned but by special Warrant from the Kings Majesty under His Sign Manual or under the Hand of one or both of His Majesties Principal Secretaries of State or for any other Books then such as are in printing or shal be printed after the Tenth of June 1662. And thing in this Act to the contrary thereof in any wise notwithstanding Proviso for Book-sellers and Stationers London Provided also That neither this Act nor any thing therein contained shall extend to prohibit any Book-seller who hath served seven years and is frée of the Company of Stationers London from importing or bringing into this Realm any Books ready bound not formerly prohibited which have been printed ten years before the said Importation Any thing in this or any other Act to the contrary notwithstanding Persons selling books in Westminster-Hall Provided also and be it further Enacted by the Authority aforesaid That neither this Act nor any thing therein contained shall be construed to prohibit any person or persons to Sell Books or Papers who have sold Books or Papers within Westminster-Hall the Palace of Westminster or in any Shop or Shops within Twenty yards of the great Gate of Westminster-Hall aforesaid before
such Rate is made whereby they shall have power for their several Counties to raise upon the Parishes that lie in or near the said Road and so will have a benefit therefrom such sum or sums of money as they shall sée fit and convenient for the spéedy effecting of the said Repairs before mentioned which said sum and sums so to be rated as aforesaid shall be paid to the Surveyors for the respective County where such Rate is made or to their Receiver or Collector to be imployed for the repairing of the said Ways and places afore-mentioned and not otherwise And in case any person shall refuse to pay such rate so to be made That it shall and may be lawful for the said Surveyors or their said Receivers and Collectors to distrain for such sum or sums of money and the distress to sell rendring the overplus to the Owners Provided always and it is Enacted by the Authority aforesaid That the said money so advanced by the said several Towns in the said respective Counties shall again be repayed with Interest by the several Surveyors for the several Counties as it doth arise out of the said Toll every County paying for what is so borrowed within its own County and no further And be it further Enacted by the Authority aforesaid That if any person or persons not having any lawful cause to be allowed as aforesaid The Penalty for refusing to take the Office of Surveyor shall neglect or refuse to take upon him or them the said Office of Surveyor being thereunto nominated and chosen according as by this Act is appointed or to do or perform his or their duty in the due and spéedy execution of this present Act the said Iustices of the Peace for the several and respective Counties where such Surveyor or Surveyors dwell at their Quarter-Sessions shall and may hereby have power to impose on such person or persons so refusing or neglecting such Fine or Fines not excéeding Ten pounds upon each person so refusing or neglecting as to them shall séem méet and to cause the same to be levied by distress and sale of his or their Goods rendring to the party so distrained the overplus if any shall be Fines and Forfeitures upon this Act how to be paid and disposed And be it further Enacted by the Authority aforesaid That all Fines or Forfeitures to be imposed or incurred by vertue of this Act shall be paid to the Surveyors for the time being or any thrée of them or the Treasurers of the said Surveyors for the said respective Counties for and towards the repairing of the said High-ways and places aforesaid And in case of refusal or if any person or persons so chosen to take upon him or them the said Office shall happen to die or shall for any lawful impediment be discharged from the said Office that then some other fit person or persons within that County shall be appointed by two or more Iustices in the said County living near the said High-way and places aforesaid in the place of him or them that shall so refuse die or be discharged and the person or persons so chosen shall and are hereby required upon notice thereof to him or them given under the hands and seals of the said Iustices by whom he or they shall be so chosen to take upon him or them the said Office of Surveyor and to execute the same in such manner and under such and the like penalties as if he or they had béen chosen by the Iustices at their Sessions of the Peace in manner as aforesaid Suits upon this Act shall be laid in the proper County And the Defendant may plead the general Issue And be it further Enacted by the Authority aforesaid That if any Suit shall be commenced against any person for any thing done in pursuance of this present Act That in every such case the Action shall be laid in the said respective Counties where the Cause doth arise and not elsewhere and the Defendant in such Action so to be brought may plead the general Issue and give this Act and the special matter in evidence at any Tryal to be had thereupon and that the same was done in pursuance and by Authority of the said Act And if it shall so appear to be done and that such Action shall be brought in any other County That then the Iury shall find for the Defendant and upon such Verdict or if the Plaintiff shall be non-suited or discontinue his Action after the Defendant shall have appeared or if upon Demurrer Iudgment shall be given against the Plaintiff the said Defendant shall have and recover his double Costs Double Costs and have the like remedy for the same as any Defendant hath in any other case by Law Toll not to be paid twice in the same day Provided always That no person or persons having occasion to passe any place where the Toll is taken and return the same day with the same Horse Coach Waggon or other Carriage or with Cattel shall be compelled in the same day to pay the said Toll a second time Any thing in this Act to the contrary notwithstanding Provided also That all and every person and persons who by Law are chargeable towards the repairing of the said High-ways and places aforesaid shall still remain so chargeable Any thing in this Act to the contrary thereof in any wise notwithstanding The continuance of this Act for 11. years only Proviso for exempting certain persons and things from paying any Toll Provided also That neither this Act nor any thing therein contained shall extend to any further time or be of force any longer then the term of Eleven years to be accounted from the passing of this Act Any thing in this Act to the contrary notwithstanding Provided always That all and every person and persons passing through the respective places appointed for the receiving of Toll as aforesaid viz. at Wades-Mill for the County of Hertford at Caxton for the County of Cambridge and at Stilton for the County of Huntington and coming immediately and primarily to and from the several Parishes of Standen Thundridge Ware and Bengeo adjacent to Wades-Mill in the said County of Hertford and Stowe great Papworth little Papworth Borne and Elsley adjacent to Caxton in the said County of Cambridge and Yaxley Washingley Glatton Cunington Waddon and Stibbington adjacent to Stilton in the said County of Huntington shall have a liberty to carry any quantity or quantities of Stones Sand Stones Gravel c. Lime or Gravel Dung Mould and Compost of any nature or kind whatsoever Brick Chalk or Wood And that they and all Carts with Hay or Corn in the Straw at Hay-time Hay Corn in Harvest 〈◊〉 Pâ—â—ugh 〈◊〉 Impâ— of Hâ— or Harvest Ploughs Harrows and other Implements of Husbandry and all other things whatsoever imployed in the Husbanding Stocking and Manuring of their several and respective Lands in the said several
and respective Parishes shall pass to and fro through the said respective places where such Toll is to be received as aforesaid without paying any thing for their respective passing through the same Any thing in this present Act to the contrary thereof in any wise notwithstanding Provided also And be it Enacted Proviso touching money received overplus and remaining at the end of 11. years That if it shall happen that at the end and expiration of the term of the Eleven years aforesaid that the Receiver or Receivers Collector or Collectors then in being or any of them of the aforesaid Tolls or any part thereof in all and every of the said Counties made and to be made shall upon their or any of their accounts made and to be made for the several and respective Receipts of the Tolls aforesaid have any sum or sums of money in their or any of their hands more then they or any of them have expended as aforesaid That then such Receiver and Receivers Collector and Collectors and every of them shall bring in all and every sum and sums of money so remaining in their or any of their hands unto the Iustices of the Peace of the said several and respective Counties where such Receiver or Receivers Collector or Collectors shall live or have received the said several sum or sums at the next General Quarter-Sessions for the Peace which shall happen to be after their said several Accounts so to be made as aforesaid upon pain of forfeiting double the Sum which shall be in their or any of their hands upon the said Account which said Sum and Penalties shall be recovered by distresse and sale of the parties Goods so refusing to do the same by Warrant under the Hands and Seals of any two Iustices of the Peace of the said several Counties And that the said Iustices of the Peace at their said several Quarter-Sessions in their several Counties are hereby impowred and enabled to dispose of the said several sum and sums of money and all the said Penalties into the hands of such person and persons and upon such Securities as they shall approve of to and for a Stock for the repairing of the said several High-ways according to the intent and meaning of this Act and not otherwise Provided also And be it further Enacted by the Authority aforesaid Huntington That if the Iustices of the Peace for the County of Huntington or any four of them dwelling next to the said High Road Stilton shall adjudge some other place more convenient then Stilton for receiving the Toll for the said County That then it shall and may be lawful for the said Iustices of Peace as aforesaid to appoint some other place upon the High Road within their said County to receive the aforesaid Toll instead of Stilton Any thing in this Act to the contrary notwithstanding And that it shall and may be lawful for all and every Souldier and Souldiers upon their March Souldiers in Marching and Posts exempted and all persons riding Post to passe through any the places in this Act mentioned without paying any Toll Provided also That if at any time before the expiration of the Eleven years aforesaid Proviso for cealing the Toll within the 11. years the said High-ways shall be well and sufficiently amended and repaired and so adjudged by the Iustices of the Peace at the Quarter-Sessions for their several and respective Counties aforesaid That then from and after such Adjudication made and Re-payment of such moneys as shall have béen borrowed the aforesaid Toll in the said County shall cease and determine Any thing aforesaid to the contrary notwithstanding Continued 16 17 Car. 2. cap. 10. CAP. II. Unlawful Cutting or Stealing or Spoiling of Wood and Under-woods and Destroyers of young Timber-Trees punished WHereas in one Act of Parliament made in the Thrée and fortieth year of the Reign of the late Quéen Elizabeth Entituled 43 El. cap. 7. An Act to avoid and prevent divers misdemeanors in idle and lewd persons among other things it is Enacted The punishment for cutting and spoyling any Woods That all and every such lewd person and persons that shall cut or spoil any Woods or Vnder-woods Poles or Trées standing and their Procurer or Procurers Receiver or Receivers knowing the same and being thereof lawfully Convicted by his or their own confession or by the testimony of one sufficient Witness upon Oath before some one Iustice of Peace or other Head-Officer of the County or place where such offence was committed shall give the party or parties satisfaction for his or their Damages for the first fault And if such Offender or Offenders shall by such Iustice of Peace or Head-Officer be thought not able or sufficient or if such Offender or Offenders do not make such satisfaction as aforesaid That then the said Iustice of Peace or Head-Officer shall commit the said Offender or Offenders to the Constable or other inferior Officer to receive the punishment of Whipping as in the said Act more fully doth appear And whereas it is found by daily experience especially in and about London and other great Towns where a great number of such idle and lewd persons do shelter themselves that this Act hath not sufficiently prevented the said mischief of cutting and spoiling of Woods and Vnderwoods as was intended as well because the said offences are committed in such a close and clandestine manner that there is none Witnesses to them but such as are partakers to the offence as also because the said punishment is too small for so great a fault which is not only prejudicial and hurtful to the Owners of the said Woods but very mischievous and damageable to the Commonwealth Be it therefore Enacted by the Kings most Excellent Majesty by and with the Advice and Consent of the Lords Spiritual and Temporal and the Commons in this present Parliament assembled and by the Authority of the same That from and after the Four and twentieth day of June next ensuing Who may apprehend Wood-stealers every Constable Headborough or any other person in every County City Town-Corporate or other place where they shall be Officers or Inhabitants shall and may by vertue of this present Act have full Power and Authority to apprehend or cause to be apprehended all and every person or persons they shall suspect having or carrying or any wayes conveying any burthen or bundles of any kind of Wood Vnder-wood Poles or young Trées or Bark or Bast of any Trées or any Gates Stiles Posts Pales Rails or Hedgewood Broom or Furze Search in Houses of suspected persons and by Warrant under the Hand and Seal of any one Iustice of the Peace directed to any Officer such Officer shall have power to enter into and search the Houses Out-houses Yards Gardens or other places belonging to the Houses of all and every person or persons they shall suspect to have any kind of Wood
time or times during the space of thrée years from the Twenty fourth day of July in the year of our Lord One thousand six hundred sixty and thrée to Summon and Continue together so many of the said Trained Forces within their respective Counties and Precincts 14 Car. 2. cap. 3. and so long as they shall judge convenient in lieu of certain days appointed for Exercise and Musters by the said Act Entituled An Act for Ordering the Forces in the several Counties of this Kingdom No Troop to be kept upon duty above 14 days Provided always And be it Enacted That any Troop Company or Souldiers may be so kept upon such Duty by vertue hereof fourtéen days and no longer in any one year Commissioned Foot-Officers discharged from finding Arms. Provided always And be it Enacted That every Commissioned Foot-Officer in the Train-Bands or Militia of this Kingdom setled according to Act of Parliament shall be and is hereby exempted and excused from finding and contributing towards the finding and contributing towards the finding any Horse Horse-man or Arms or Foot-Souldier and Arms for his whole Estate if at any time it is charged but for one Horse or a less charge or for such part of his Estate as is or shall be charged with one Horse if his whole Estate be charged with a greater charge then one Horse in the County or Lieutenancy where he so serves as a Foot-Officer in respect of the expence which the said Imployment doth necessarily engage him in Any thing in the said Acts to the contrary notwithstanding The Duty of Constables in executing Warrants of the Lieutenants or Deputies Be it also Enacted and Ordained That each Constable Tything-man or other Officer of any Parish or place under the penalty for every neglect of forfeiting Forty shillings shall and do by vertue of a Warrant directed to him from the respective Lieutenants and Deputy-Lieutenants or any thrée or more of them Levy all arrears and proportions of money unpaid that were set or charged for the Raising Training and Arraying the Trained Bands and Forces actually raised and in being before the passing of the said mentioned Act by the Distress and sale of the Goods of any person or persons refusing to pay the same rendring back the overplus if any the charge of Distress and Sale being first deducted Troopers and Souldiers shall be subject to Exercise and Duty Be it also Enacted That every Trooper or Foot-Souldier at any time raised by vertue or according to the directions of this present Act shall be subject to such Exercise and Duty as others charged or raised by the said mentioned Act shal accordingly upon like pains penalties observe and kéep all the respective Orders and Directions of the said Act and of this present Act and shall suffer the same penalties for committing any of the respective crimes and offences exprest in the said Act which said pains and penalties are in the like cases to be imposed and levied in the same manner and by the same ways and means as are set down in the said Act. And whereas the fourth part of one moneths Assessment in each County A fourth part or a moneths assesment how to be disposed after the rate of Seventy thousand pounds by the moneth is by the said Act yearly appointed for furnishing Munition and other necessaries Be it Enacted and delared by the Authority aforesaid That the said respective Lieutenants and Deputies or any thrée or more of them shall from time to time have power to dispose of so much of the said fourth part to the inferiour Officers imployed in or about the said respective Forces for their pains and encouragement as to them the said Lieutenants and Deputies or any thrée or more of them shall seem expedient Provided always and be it Enacted Persons sued for matters done by this Act may plead the general issue That it shall be lawful to every person and persons that shall have any Action or Suit brought against him or them for any thing done in execution of this or the said Act to plead the General Issue and to give the special matter in Evidence and if Iudgment shall be given for the Defendant or if the Plaintiff shall become Nonsuit or discontinue his Suit then he shall recover double Costs Provided also and be it Enacted Double costs to the Defendant That no Action or Suit shall be brought against any person for any thing done in execution or by pretence of the execution of this or the said Act unless the said Action or Suit be laid in the proper County and commenced within six moneths next after such cause of Action Provided and be it further Enacted by the Authority aforesaid That one Clause contained in a certain Act Entituled An Act declaring the sole right of the Militia to be in the King 13 Car. 2. c. 6 and for the present Ordering and disposing of the same and made for the Indempnifying of all persons acting in the Militia from the four and twentieth of June One thousand six hundred and sixty to the twentieth of July One thousand six hundred sixty and one as touching the Assaulting Detaining or Imprisoning any person suspected to be a Fanatick Sectary or Disturber of the Peace Fanatick Sectaries or seizing of Arms or searching of houses for Arms or for suspected persons shall be construed to Commence and take effect and shall be good and effectual in Law for the Indempnifying of all persons whatsoever acting in the Militia of this Kingdom for any the matters aforesaid betwixt the second day of February One thousand six hundred fifty nine and the four and twentieth of June One thousand six hundred and sixty inclusive by vertue or colour of any Authority or Command whatsoever any thing in the said Act or in any other Act to the contrary thereof in any wise notwithstanding And be it further Enacted by the Authority aforesaid That the several forfeitures How the forfeitures and penalties upon this Act may be levyed Penalties and payments by this present Act Imposed Set or Directed not otherwise by this present Act provided to be Levied Sued for or Recovered shall or may in case of default be Levied or Recovered by Warrant under the hands and Seals of the respective Lieutenants and Deputy-Lieutenants or any thrée or more of them upon the Goods and Chattels of the Offender and by Sale of the same rendring the party the overplus if any be And if sufficient of the Goods and Chattels of such Offender cannot be found or had whereof to levy such forfeiture payment or penalty then the said respective Lieutenants and Deputy-Lieutenants or any thrée or more of them shall have power and are hereby authorized by like Warrant under their hands and seals to commit such Offender to Prison untill he shall make satisfaction according to the said forfeiture payment or penalty And it is further Declared and
Acknowledgment before the respective Archbishop Bishop or Ordinary of the Diocess or Vice-Chancellor aforesaid respectively And that every such Parson Vicar Curate or Lecturer shall procure a Certificate under the Hand and Seal of the respective Archbishop Bishop or Ordinary of the Diocess who are hereby required and enjoyned upon demand to make and deliver such Certificate And shall publickly and openly read the same together with the Declaration or acknowledgment aforesaid upon some Lords day within thrée moneths then next following such subscription in his Parish Church where he is to officiate in the presence of the Congregation then assembled in the time of Divine Service And be it further Enacted and Declared by the Authority aforesaid That every subscription already made or hereafter to be made before any Vicar-General or Chancellor to any Archbishop or Bishop or Commissary to the Archbishop of Canterbury or any other Bishop is and shall be as effectual and beneficial in Law to all intents and purposes to every person and persons which have or shall make such subscription as aforesaid as if the same had béen made before the Archbishop or Bishop of the Province or Diocess respectively Any thing in the aforesaid Act to the contrary notwithstanding Provided also That every person who shall have benefit by this Act shall make such allowance for serving the Cure since the 24th of August 1662. as shall be judged fit by the Ordinary of the place and shall pay and discharge all Tenths Pensions and other Charges wherewith the Benefice to which he is by this Act restored hath béen or might be legally charged since the day aforesaid Persons prohibited to Preach 14 Car. 2. c. 4. And whereas some doubt hath arisen whether persons prohibited to preach by the said Act are in the same plight as to punishment with persons disabled by the said Act to preach Be it Declared and Enacted by the Authority aforesaid That the penalties by the said Act to be inflicted upon any person disabled by the said Act to preach for any offence against the said Act shall in like manner be inflicted upon every person so offending that is prohibited by the said Act to preach Any thing doubt or ambiguity in the said Act to the contrary notwithstanding CAP. VII Trade Encouraged Tillage FOrasmuch as the encouraging of Tillage ought to be in an especial manner regarded and endeavoured and the surest and effectuallest means of promoting and advancing any Trade Occupation or Mystery being by rendring it profitable to the Vsers thereof And great quantities of Land within this Kingdom for the present lying in a manner waste and yielding little which might thereby be improved to considerable profit and advantage if sufficient Encouragement were given for the laying out of Cost and labour on the same and thereby much more Corn produced greater numbers of people horses and cattel imployed and other Land also rendred more Valuable Be it Enacted by the Kings most Excellent Majesty with the Advice and Consent of the Lords Spiritual and Temporal and the Commons in this present Parliament Assembled and by the Authority thereof And it is hereby Enacted That from and after the first day of September in the year of our Lord 1663. and from thence forward when the prizes of Corn and Grain Winchester measure Corn not exceeding certain rates may be transported do not excéed the rates hereafter following at the Havens or places where the same shall be shipped or loaden viz The Quarter of Wheat Eight and forty shillings The Quarter of Barley or Malt Eight and twenty shillings The Quarter of Buck-wheat Eight and twenty shillings The Quarter of Oats Thirtéen shillings and four pence The Quarter of Rye Two and thirty shillings The Quarter of Pease or Beans Two and thirty shillings currant English money That then it shall be lawful for all and every person and persons to ship load carry and transport any of the said Corns or Grains from the Havens or places where they shall be of such prizes unto any parts beyond the Seas as Merchandise Any Law Statute or Vsage to the contrary notwithstanding paying such Rates for the same and none other as are to be paid when the same might have béen Transported by one Act passed this present Parliament Entituled 12 Car. 2. c 4. A Subsidy granted to the King of Tunnage and Poundage When corn may be imported and what custom to be paid And it is hereby further Enacted by the Authority aforesaid That when the prizes of the aforesaid Corns and Grains do not excéed the Rates above mentioned respectively Winchester-measure at the Haven or place into which any of them shall be imported from any part beyond the Seas there shall be paid for the Custom and Poundage of every Quarter of Wheat five shillings and four pence and for every Quarter of Rye four shillings and for every Quarter of Barley or Malt two shillings and eight pence and for every Quarter of Buck-wheat two shillings and for every Quarter of Oats one shilling four pence and for every Quarter of Pease or Beans four shillings And it is hereby further Enacted by the Authority aforesaid That when the prizes of Corn or Grain Winchester-measure do not excéed the rates following at the Markets Havens or Places where the same shall be bought viz. The Quarter of Wheat Eight and forty shillings the Quarter of Rye two and thirty shillings the Quarter of Barley or Mault eight and twenty shillings the Quarter of Buck-wheat eight and twenty shillings the Quarter of Oats thirtéen shillings and four pence the Quarter of Pease or Beans two and thirty shillings That then it shall be lawful for all and every person and persons not Forestalling nor Selling the same in the same Market within thrée moneths after the buying thereof to buy in open Market and to lay up and kéep in his or their Granaries or Houses and to sell again such Corn or Grain of the kinds aforesaid as without fraud or coven shall have béen bought at or under the prïces before expressed without incurring any penalty Any Law Statute or Vsage to the contrary notwithstanding And in regard his Majesties Plantations beyond the Seas are inhabited and peopled by his Subjects of this his Kingdom of England Plantations beyond the Sea For the maintaining a greater correspondence and kindness betwéen them and kéeping them in a firmer dependance upon it and rendring them yet more beneficial and advantagious unto it in the further employment and encrease of English Shipping and Sea-men Vent of English Woollen and other Manufactures and Commodities rendring the Navigation to and from the same more safe and cheap and making this Kingdom a Staple not only of the Commodities of those Plantations but also of the Commodities of other Countries and Places for the supplying of them and it being the usage of other Nations to kéep their Plantations Trade to themselves Be it Enacted and it is
by the Kings most Excellent Majesty by and with the Consent of the Lords Spiritual and Temporal and of the Commons in this Parliament Assembled and by Authority of the same That no common Brewer Inn-keeper Victualler or other Retailer of Béer or Ale shall at any time after the First day of September Notice to be geven of all brewing Vessels One thousand six hundred sixty thrée without giving notice thereof at the next Office of Excise or to the Commissioners Farmers or Sub-Commissioners of Excise or one of them within the Limits and Iurisdiction of whose Office he or they do or shall Inhabit Erect Set up Alter or Enlarge any Tun Fat Back Cooler or Copper and shall make use of any of them for the Brewing or making any Béer or Ale or Worts or shall make use of or kéep any private and concealed Store-house Cellar or other place for the laying of any Béer or Ale or Worts in Cask other then such as are already openly set up erected and made use of in his common and usual Brew-house and now openly discovered and known upon pain to forfeit the sum of Fifty pounds for every Tun The Penalty Fat Back Copper and Cooler set up and made use of without such notice given as aforesaid and contrary to the true intent and meaning hereof And that all and every other person or persons in whose occupation any House Messuage Out-house or other place whatsoever is or shall be where any such private and concealed Tun Back Cooler or Store-house shall be found and discovered shall also forfeit and lose the sum of Fifty pounds to be levied and recovered in manner and form as in by this present Act is hereafter Directed and Ordained And moreover every such private and concealed Tun Fat Back Copper or Cooler so discovered and found as aforesaid or altered or enlarged together with all Béer Ale or Worts therein being shall and may be taken up seized carried away and delivered to the Overséers for the Poor to be sold for the use of the Poor or distributed amongst them And be it further Enacted by the Authority aforesaid That from and after the Eighth day of November in the year of our Lord One thousand six hundred sixty and five Commissioners for regulating may not Farm the Excise 12 Car. 2. cap. 23. no person or persons whatsoever nominated by his Majesty to be in Commission for the Regulating of his Majesties Revenue of Excise or for the exercise of any the Powers or Authorities mentioned in an Act Entituled A Grant of certain Impositions upon Beer Ale and other Liquors for the increase of His Majesties Revenue during His life Or one other Act Entituled An Act for taking away the Court of Wards and Liveries and Tenures in Capite by Knights Service and Purveyance and for setling a Revenue upon his Majesty in lieu thereof or in this present Act 12 Car. 2. cap. 24. shall presume to Farm the said Revenue of his Majesty either directly or indirectly by obtaining Letters Patents to him or themselves thereof or any person or persons whatsoever intrusted for him or them or to or for his or their use benefit or behoof Nor that any person or persons whatsoever being a Farmer of the said Revenue shall be any way capable to be nominated a Commissioner for the Regulating his Majesties said Revenue of Excise or exercising any Powers or Authorities concerning the same But if any person or persons who stands thus disabled as aforesaid to be nominated a Commissioner shall become a Farmer and shall in either of the said cases nevertheless presume directly or indirectly to act as a Commissioner Farmer or Sub-Commissioner to execute the Powers and Authorities aforesaid either alone or joyntly with other persons that are Farmers or else with any other who are not Farmers shall from and after such his acting lose the benefit of his said Farm The Penalty and be thenceforth totally for ever disabled to be either Farmer of the said Revenue or Commissioner for the regulating thereof and exercizing the Powers aforesaid And that all and every act and acts done by any Commissioner or Commissioners or Sub-Commissioners being Farmer or Farmers by him or themselves or joyntly with others who are not Farmers shall be void in Law and of none effect And that all and every person or persons any way molested or troubled by the command and authority of such Commissioner or Commissioners acting by him or themselves or together with others who are not Farmers or Commissioners may bring his Action at Law for the same in any of his Majesties Courts at Westminster and thereby recover his Damages against any such Commissioner or Commissioners any Law or Statute to the contrary notwithstanding And that all and every Letters Patents to be made from and after the Tenth day of April in the year of our Lord One thousand six hundred sixty and thrée enabling any Farmer or Farmers of the Excise to be Commissioner or Commissioners or Sub-Commissioners shall be utterly void and of none effect Any thing in any of the said Acts to the contrary notwithstanding And that if any Commissioner or Sub-Commissioner Commissioners or Sub-Commissioners who by colour or vertue of any Letters Patents are now both Commissioners or Sub-Commissioners for regulating the said Revenue and likewise Farmers of the said Revenue The penalty for giving any false and corrupt judgment to the Brewers damage shall give any false and corrupt Iudgment in advancement of the benefit of his or their said Farm to the Brewers damage contrary to Law he or they shall forfeit for every such Iudgment so falsly and corruptly given double Costs to the Party so injured by the said corrupt and false Iudgment And in case any person shall unjustly complain of any Iudgment of the Commissioners or Sub-missioners as aforesaid and so shall be found upon his Appeal the said party shall forfeit double Costs to the said Commissioners for such unjust vexations to be recovered by Information Bill or Plaint in any Court of Record And be it further Enacted by the Authority aforesaid That from and after the First day of September in the year of our Lord One thousand six hundred sixty and thrée The duty of Gagers in making Entries all and every Gager or Gagers of the Excise who shall take an accompt of any Béer or Ale brewed or made by any common Brewer shall wéekly after such common Brewer hath made or ought to have made his Entry at the Office of Excise and not otherwise make and deliver to such common Brewer at his house or to some of his servants in his behalf a true Copy under his or their hand of such Return or Report as he or they have made thereof to the Commissioners or Sub-Commissioners of Excise respectively upon pain to forfeit for every neglect or refusal the sum of Forty shillings Provided nevertheless That no such common Brewer or
and payable for the same be fully satisfied and paid And that every Warrant for the landing or delivering of any such Forreign Liquors shall be Signed by the hand of the said Officer or Collector of the Excise in the said Port or Place respectively upon pain that all such Foreign Liquors as shall be landed put on shore or delivered contrary to the true intent and meaning hereof or without the presence of an Officer or Waiter for the Excise or the value thereof shall be forfeited and lost the one moyety to the Kings Majesty and the other moyety to him or them who shall or will Seise Inform or Sue for the same to be recovered of the Importer or Proprietor thereof And that no person or persons whatsoever bringing any Exciseable Liquors except Béer Ale Sider Perry and Metheglin into any part or place of this Realm by Coast Cocquet Transire or Certificate nor any person or persons to whom the same or any of them shall be consigned shall land or cause any such Exciseable Liquors except before excepted to be landed or put on shore without making or causing due Entry to be made of the same with the Officer or Officers of the Excise for the time being appointed to receive and take such Entries within the Port or Place where the same shall be landed upon pain in every such case as aforesaid to forfeit double the value of the said Liquors landed or put on shore contrary to the true intent and meaning hereof Appeals in causes of Excise Provided also and be it further Enacted and Ordained by Authority aforesaid That no Appeal in any Cause of Excise whatsoever shall be admitted until the Party Appellant shall have first Deposited and laid down the single Duty of Excise in the hands of the Commissioners Farmers or Sub-Commissioners of Excise within whose Iurisdiction or Division the said Cause was originally heard and determined and have given Security to the Commissioners of Appeal or Iustice of the Peace respectively where such Cause is to be finally Adjudged for all such Fine Forfeiture and Penalty as upon such hearing and determination was Adjudged against him And that if upon the hearing and determining of any such Appeal the said Original Iudgment shall happen to be reversed and made null then and in every such case the said Commissioners Farmers or Sub-Commissioners of Excise in whose hands the said single Duty of Excise was deposited shall restore and deliver back the same or as much thereof as shall be adjudged by the Commissioners of Appeals or Iustices of the Peace respectively to the said Appellant and the party originally prosecuted shall pay him double Costs But in case the first Iudgment shall be affirmed the party Appealing shall pay the like Costs unto the Commissioner or Commissioners complained of Any thing in this Act or any other Act or Statute whatsoever to the contrary thereof contained in any wise notwithstanding Excise upon Vinegar-beer And be it further Enacted by Authority aforesaid That all and every person or persons whatsoever Brewing or Making any Béer whether in a common Brew-house or otherwise for sale or to convert into Vinegar for sale shall pay for every Barrel of such Vinegar-Béer so made and brewed the several and respective sums already imposed and set by any the Acts of Excise above mentioned upon Vinegar-Béer brewed by any common Brewer in any common Brew-house Any thing in the said Acts or either of them to the contrary notwithstanding Colledges and Halls in the Vniversity And is it hereby further Declared That every Colledge and Hall in either of the Vniversities which before the Duty of Excise was imposed did brew their own Béer and Ale within their own Precincts and size it out to their respective Members within their own Precincts only are not liable to the payment of any Duty of Excise for the same either by this or any the forementioned Acts. Provided also and be it Enacted That all Differences Appeals and Complaints that shall happen and arise betwéen party and party Complaints to be determined in the proper counties in order to the payment of the Duty of Excise shall be heard and determined in the proper County or in the several Ridings and Divisions of Yorkshire and Lincolnshire where they shall arise and not elsewhere Commissioners or Farmers may take no Fees And be it further Enacted by the Authority aforesaid That no Farmer Commissioner Sub-Commissioner or other Officer of Excise shall directly or indirectly take or receive any Mony Fée or Reward for or concerning the taking of any Bond or giving any Receipt or Note in Writing relating to the Excise to or from any person or persons whatsoever upon pain that every such person so offending shall for every such offence forfeit the sum of Ten shillings Who may hear and determine matters upon this Act. And be it further Enacted by the Authority aforesaid That the Iustices of the Peace or any two or more of them or Chief Magistrates in the several Counties Cities Divisions and Places within England and Wales respectively shall méet once in every moneth in their respective Divisions or oftner if there shall be occasion to hear determine and to adjudge all matters and offences against this or the aforesaid Acts. How the penalties upon this Act shall be disposed and recovered And be it further Enacted by the Authority aforesaid That one third part of all Fines Penalties and Forfeitures not herein otherwise disposed shall be to the Kings Majesty His Heirs and Successors one other third part to the poor of the Parish where the Offence shall be committed the other third part to him that shall inform and sue for the same And that all Fines Penalties and Forfeitures for which no remedy is Ordained for recovery thereof by this Act shall be recovered by Action of Debt Bill Plaint or Informations in any Court of Record within such County City or Corporation where the Offence shall be committed or by such other ways and means and in such manner as by the said former Act is directed and appointed Appeals for matters in London and the limits thereof Provided alwayes That after the said Third day of September no Appeal in any Matter or Cause of Excise within the immediate Limits of the Chief Office of London nor within the Limits of the present Farm of London during the continuance of such Farm shall be admitted unless the same be brought within Two Moneths next after the first Iudgment and notice thereof given or left at the Dwelling-house of the party or parties concerned therein nor shall any Appeal in any Matter or Cause of Excise in any other County City Town or Place be admitted unless the same be brought within Four Moneths after the first Iudgment and notice given as aforesaid Any thing in this Act to the contrary notwithstanding Provided nevertheless And it is hereby Enacted That no
the said Burrough and Liberties shall deliver unto the said Bailiff Duplicates of all Accompts of Hearths and Stoves and do all other things in such manner as by the said Acts they ought to have done unto the said Sheriffs Any thing in the said former or this Act to the contrary notwithstanding Provided always and be it Enacted by the Authority aforesaid That it shall and may be lawful to and for the Lord High Treasurer of England Allowance to Clerks of the the Peace of the several Counties and the Chancellor of His Majesties Court of Exchequer or either of them to give and make such further allowance unto the Clerks of the Peace of the respective Counties of this Kingdom for their labour and pains in and about the Writing Engrossing and Returning into His Majesties Court of Exchequer the Duplicates and Returns of the several Constables in Parchment over and besides what is allowed by the said first recited Act as the said Lord High Treasurer and Chancellor or either of them shall think méet and convenient the same allowance not excéeding One penny in the pound by the year Any thing in the said former or in this Act to the contrary notwithstanding CAP. XIV The Profits of the Post-Office and Power of Granting Wine-Licenses setled on His Royall Highnesse the Duke of York and the Heirs Males of his Body WHereas the Lords and Commons being assembled at Westminster the Five and twentieth day of April Anno Domini One thousand six hundred and sixty in the Twelfth Year of the Reign of our most Gracious Sovereign Lord Charles the Second by the Grace of God of England Scotland France and Ireland King Defender of the Faith c. were there continued untill the Nine and twentieth day of December next following and then Dissolved In which time a certain Act was made Entituled 12 Car. 2. cap. 25. An Act for the better Ordering the selling of Wines by Retail and for preventing Abuses in the mingling corrupting and vitiating of Wines and for setling and limiting the prices of the same Whereby it was Enacted That no person or persons whatsoever from and after the Five and twentieth day of March in the year of our Lord One thousand six hundred sixty and one unless he or they should be authorized and enabled in manner and form as by the said Act is appointed shall sell or utter by Retail any kind of Wine or Wines to be spent in his or their Mansion-house or Houses or other place by any means whatsoever upon pain of forfeiting for every such offence the Sum of Five pounds the one moyety thereof to the King and the other moyety to him or them that will sue for the same And it was further thereby Enacted That it should be lawful for His Majesty his Heirs and Successors from time to time to issue out under his or their Great Seal of England One or more Commission or Commissions directed to two or more persons thereby authorizing them to license and give authority to such person or persons as they should think fit to sell and utter by Retail all and every or any kind of Wine or Wines to be drunk and spent as well within the house or houses or other place in the Tenure or Occupation of the party so Licensed as without in any City Town or other place within the Kingdom of England Dominion of Wales and Town of Berwick upon Tweed and such Commissioners are to Contract for selling and uttering of Wines by Retail in any City or other place as aforesaid in such manner and form and under such Provisoes as in the said Act is mentioned And it is further provided by the said Act That the Rents Revenues and Sums of money arising by the said Act should be duly and constantly paid and answered into His Majesties Receipt of Exchequer and not be charged or chargeable either before it be paid into the Exchequer or after with any Gift or Pension as by the said Act amongst divers other Provisoes and Clauses may more at large appear And also one other Act was at the same time made Entituled An Act for Erecting and Establishing a Post-Office 12 Car. 2. cap. 34. Whereby it is Enacted That from thenceforth there should be one general Letter-Office erected and established in some convenient place within the City of London from whence all Letters and Pacquets may be sent into any part of the Kingdom of England Scotland and Ireland or other of His Majesties Dominions or unto any Kingdom or Country beyond the Seas And that one Master of the said General Letter-Office shall be from time to time appointed by the Kings Majesty His Heirs and Successors by His or their Letters Patents under the Great Seal of England The Office of Post-Master General by the name and stile of His Majesties Post-Master-General which said Post-Master and his Deputy and Deputies by him thereunto sufficiently authorized and his and their Servants and Agents and no other person shall have the receiving ordering or sending Post of all Letters and Pacquets whatsoever to be sent to and from the places aforesaid except as therein and thereby is excepted And it was thereby provided That such Post-Master-General and his Deputy and Deputies may demand have receive and take for the Portage of all such Letters which he shall convey as aforesaid and for the providing and furnishing horses for thorough-Posts according to the Rates therein mentioned And that His Majesty His Heirs and Successors may Grant the said Office of Post-Master-General with the Powers and Authorities thereunto belonging and the several Rates of Portage therein mentioned and all Profits Priviledges Fées Perquisits and Emoluments thereunto belonging either for life or term of years not excéeding One and twenty years to such person and persons and under such Covenants Conditions and yearly Rents to His said Majesty His Heirs and Successors reserved as he or they shall from time to time think fit As by the said Act amongst divers other Clauses and Provisoes therein contained may more at large appear Both which Acts have béen confirmed by this present Parliament Now forasmuch as the Kings most Excellent Majesty is graciously pleased out of His Princely care and great love and affection to His most entirely beloved Brother James Duke of York for and towards the Maintenance and Support of the said Duke his State and Dignity to Grant and Assign all and every the Power and Powers Authority and Authorities of giving License to any person or persons to Sell or Vtter by Retail all and every or any kind of Wine or Wines whatsoever with all Rents Sum or Sums of Money Revenues Profits and Emoluments whatsoever that shall or may arise from or out or by reason of such power of Licensing the Retailing of Wines or Forfeitures for Retailing of Wines without such Licenses unto the said James Duke of York and to the Heirs males of his Body begotten or to be
begotten And also all the Rents Sum and Sums of money and Revenues that shall arise grow and become due of or from the said General Letter-Office or Post-Office or Office of Post-Master-General unto the said James Duke of York and the Heirs males of his Body begotten or to be begotten Be it therefore Enacted and Declared by the Kings most Excellent Majesty by and with the advice and consent of the Lords Spiritual and Temporal and the Commons in this present Parliament assembled The Powers of granting Wine Licenses entailed upon the Duke of York and by the Authority of the same That the said James Duke of York and the Heirs males of his Body begotten or to be begotten shall have all and every the Powers and Authorities aforesaid to give and grant Licenses to such person or persons as he or they shall think fit to Sell and Vtter by Retail all and every or any kind of Wine or Wines whatsoever to be drunk and spent as well within the house and houses or other place in the Tenure or Occupation of the party so Licensed as without in any City Town or other place whatsoever within the Kingdom of England Dominion of Wales and Town and Port of Berwick upon Tweed Together with all Benefits and Profits thereof And also that the said Duke and the Heirs males of his Body begotten or to be begotten shall have that moyety of the Forfeitures and Penalties which by the said recited Act is given to his Majesty His Heirs and Successors And it is hereby further Declared That all and every other person or persons which from time to time or at any times hereafter shall be by the said James Duke of York and the Heirs males of his Body begotten or to be begotten appointed authorized or deputed Agent or Agents Commissioner or Commissioners to Treat and Contract for giving Licenses and Dispensations to any person or persons for the Selling and Vttering Wines by Retail in any City or Town or other place as aforesaid shall have the full and sole power and authority to Treat and Contract for giving Licenses to any person or persons for the Selling and Vttering Wines by Retail in any City Town or other place as aforesaid any Law Statute Grant Vsage or Custom to the contrary in any wise notwithstanding in as full and ample manner as the Kings Agents or Commissioners might do by vertue of the said recited Act. And be it further Enacted by the Authority aforesaid That such person or or persons as shall be appointed by the said James Duke of York or the Heirs males of his body begotten or to be begotten under his or their Hand and Seal for granting Licences for Selling and Vttering Wines by Retail are hereby enabled under such Seal as the said Duke or the Heirs males of his Body begotten or to be begotten shall appoint to grant Licenses for the Selling and Vttering Wines by Retail to any person or persons or for any time or times not excéeding One and Twenty years if such persons shall so long live and for such Yearly Rents and under such Conditions as they shall think fit so as no Fine be taken for the same but that the Rents or Sums of money so agréed for and reserved shall be duly paid at the times and places agréed for the payment thereof for which Rents so reserved in case the same shall not be paid the said Duke and the Heirs males of his Body begotten or to be begotten shall and may have power by this Act to sue for the same by Bill Plaint or Action of Debt in any of His Majesties Courts of Record at Westminster or elsewhere in his own Name or to sue for the same in His Majesties Name in the Court of the Exchequer at the Election of the said Duke and the Heirs males of his body begotten or to be begotten And that the discharge of the said James Duke of York and of the Heirs males of his body begotten or to be begotten or of his or their Receiver General for the time being shall be a full and effectual discharge to all intents and purposes for all such moneys as have or shall be received by vertue of the Act for Wine-Licenses Provided always That the Kings Majesty His Heirs and Successors shall not during the continuance of the said Estate Tayl by himself or Agents grant any Commission or Commissions License or Licenses for the Selling or Vttering of any Wines by Retail And also Provided That nothing in this Act contained shall make void any Contracts Leases or Agréements that have béen made by His Majesties Agents for granting Licenses for Selling and Vttering Wines by Retail in pursuance of the said Act but the same Contracts Leases and Agréements shall remain in such force as they were before the making of this Act and that the Rents thereupon reserved and all Arrears thereof shall be paid unto the said Duke and to the Heirs males of his Body begotten or to be begotten And be it further Enacted by the Authority aforesaid That all the yearly Rents Rents and profits arising by the Letter-Office Sum or Sums of money Revenues Issues and Profits whatsoever that shall grow due accrew or be payable unto His Majesty His Heirs and Successors for or by reason of the said general Letter-Office or Post-ffice or Office of Post-Master General or annexed incident or belonging to the said Post-Office or general Letter-Office or Office of Post-Master-General or Issuing out of the same or accrewing or growing due for or by reason of the same shall be and hereby are vested and setled by vertue of this Act upon the said James Duke of York and the Heirs males of his Body begotten or to be begotten with full and sole power from time to time for the said Duke and the Heirs males of his Body begotten or to be begotten his and their Receivers-General to receive all and every the said Rents Issues and Profits accrewing for or issuing out of the said Office and from time to time to give Discharges for the money so received Provided always And be it Enacted by the Authority aforesaid Not to be paid into the Exchequer That none of the said yearly Rents Issues and Profits arising growing due accrewing or issuing out of the said general Letter-Office or Post-Office or Office of Post-Master-General shall for and during the said Estate Tail be paid into the Exchequer but only to the said Duke and to the Heirs males of his Body begotten or to begotten his or their Receiver-General for the time being And also that it shall and may be lawful to and for the said Duke and for the Heirs males of his Body begotten or to be begotten in the name of His Majesty How to be recovered his Heirs or Successors or in his or their own name to sue for the same by Bill Plaint Information Action of Debt or otherwise in any Court or Courts
for fishing in New-found-land The penalty shall burn destroy or steal any Boat Cask Salt Nets or other Vtensils for Fishing or making of Oyl or other goods or Merchandize left in any Harbour in New-found-land or Greenland by English or burn pull down or destroy any house built by English in New-found-land or Greenland to live in during the Fishing season or Stage built by them in either of the said places for the saving or ordering of Fish or making of Oyl upon pain of the loss of double the value of what shall be by them stoln burnt or destroyed to be recovered in any of his Majesties Courts in New-found-land or Greenland respectively or in any Court of Record in England by Bill Plaint or other Action wherein no Essoign Protection or Wager in Law shall be allowed A repeal of the Statute concerning Madder 14 Car. 2. c. 30 And whereas upon the humble Petition and complaint of the Merchants and Salters of the City of London it doth appear That some sorts of Madder very useful for Dying cannot be Imported so pure and clean as by one Act passed the last Session of this present Parliament Intituled An Act for the Importation of Madder pure and unmixed is directed and appointed Be it Enacted and it is hereby Enacted by the Authority aforesaid That the said Act and every Clause and Thing therein contained be from henceforth utterly void and repealed to all intents purposes and Constructions whatsoever CAP. XVII An Act for setling the Dreining of the Great Level of the Fenns called Bedford Level VVHereas certain Moors Marshes Fenny and Low surrounded Grounds within the Counties of Northampton Norfolk Suffolk Lincoln Cambridg and Huntington and the Isle of Ely were called the Great Level of the Fenns And after several fruitless undertakings for Dreining the same were upon the Desires of many persons of Worth and Interessed in the same declared to be a Great and Noble Work and of much Concernment to the whole Countrey and at their earnest desire undertaken to be Dreined by Francis late Earl of Bedford according to a Law of Sewers made at Kings Lynne in the sixth year of the Reign of the late King Charles of glorious memory which said Level is bounded as followeth viz. Eastward from the Bridg and Cawsey of Stoake unto Brandon-Bridg upon the Vplands of Northold Methold Feltwell Hockwold and Wilton in the County of Norfolk and from Brandon-Bridg unto the end of Worlington-Load upon Mildenhall River The great level of the fens how bounded upon the Vplands of Brandon the Low grounds of Wainsford excluding the same the Vplands of Sakingheath the Low grounds of Earsewell excluding the same And the Vplands of Mildenhall in the County of Suffolk Southward from Worlington-Load unto Burwell Block upon the Vplands of Freckingham Istham Fordham Soham and Wickin in the County of Cambridg and excluding the Low grounds of Burwell Landward and other places lying Eastward from Burwell Block aforesaid and from thence unto the Mill near Anglisey Abby upon the Vplands of Burwell Reach Swaffham Pryor Swaffham Bulbeck and Botsham in the County of Cambridg and from thence unto the Ferry-place at Clayhith upon the Vplands called Quyhall the Low Ground called Low-Fenne and the Vplands of Hormingsey and Clayhith in the said County excluding the Low grounds called Low Fenne and Offenne and from the said Ferry-place unto Over-Load upon the Vplands of Water-Beach Cottenham Rampton Winelingham and Over in the said County of Cambridg and upon the Low grounds of Swacy in the said County excluding the same Westward from Erith unto the Dam lately made upon the River Neane near Standground upon the Vplands of Somersham and the Soake thereof Warbois Wistow Berry Ramsey Upwood Raveley Wood-walton Sawtrey Connington Glatton and Holme Caldecott Denton Stilton Yaxley Fasset and Standground in the County of Huntington excluding the Low grounds lying on the North side of the River of Owse above Erith and from the said Dam unto Peterborough Bridg upon the said River of Neane and from thence unto the Ferry-place near Waldron Hall upon the Vplands of Peterborough and the Soake thereof in the County of Northampton and Northward from the said Ferry-place near Waldron Hall unto Crowland Bridg upon the River of Welland and from thence to Dowsedale upon the Bank of Great Porland and from thence unto Guyhurne upon the Southea Bank and from thence unto Tilnehurne upon the Bank of the Fenne Ground called Waldersea and from thence unto Elme Leame at Grangers House upon the Bank of the Fenne Ground called Coldham and from thence unto the River of Neane near Thurlings in Upwell upon the Bank of Needham called Bishops Dike and from thence unto Weil Creek at the North-west corner of Wassingham Fenne upon the Bank of the Grounds in Upwell and Outwell called Playfield and Churchfield excluding the aforesaid Fennes and Grounds called Waldersea Coldham Needham Playfield and Churchfield and from thence unto Salters-Load upon the New Podyke Bank and from thence unto the mouth of the River Wissey upon the River Owse and from thence unto Helgey Bridg upon the River Wissey and from thence unto the Vplands at the end of the Bank of the Grounds late of Edmond Skipwith Esquire deceased upon the said Bank and from thence unto Stoake Bridg upon the Vplands of Roxham Deereham Weereham Wretton and Stoake in the said County of Norfolk Except the imbanked Grounds late of Edmond Skipwith Esquire lying on the North side of the River of Owse And whereas the said Francis late Earl of Bedford was to have for his recompence of effecting that difficult work onely Ninety five thousand Acres of the said Grounds with convenient High-wayes and Passages to the same And the New River Cutts and Dreynes to be made by the said Earl and his Assigns and the Banks of the same and the Forelands in the inside of the said Banks not to exceed Sixty foot in breadth Which was a work of so Great and Publick Concernment that his said late Majesty gave great Encouragement to the said Francis late Earl of Bedford and others whom he had taken in to be Adventurers and Participants with him therein upon the Covenants Conditions and Agréements contained and specified in and by a certain Indenture of Fourtéen parts bearing date the seven and twentieth day of February in the seventh year of the Reign of his said late Majesty and his Royal Assurance to further it by his Concurrence to an Act of Parliament for establishing thereof and did by Letters Patents under the Great Seal of England Incorporate the said late Earl his Adventurers and Participants to have Succession for ever and in order to the effecting thereof the said late Earl and his Adventurers and Participants bestowed great sums of money for perfecting the same and after his death and some interruptions William now Earl of Bedford son and heir to the said Earl Francis with divers of his Adventurers and Participants
Bayliffs and Conservators respectively Provided That none be capable to be or continue Governour or Bayliffs That hath not four hundred Acres or more of the said Ninety five thousand Acres nor to be a Conservator that hath not two hundred Acres or more of the said Ninety five thousand Acres nor any of the Commonalty to have a voice in Elections that hath not one hundred Acres or more of the said Ninety five thousand Acres And that the said Governour Bailiffs and Conservators or any of them shall and may be removed by the said Governour Bailiffs and Conservators and Commonalty or the greater number of them present at their publick méetings whereof the said Governour or one of the Bayliffs to be one and new chosen in the place of him or them so dead or removed Accounts to be made by all Officers and Agents imployed And the said Governour Bayliffs and Commonalty also shall have further power to have demand and receive an Account from all and every the Officers Agents and Servants their Executors and Administrators heretofore imployed or hereafter to be imployed for the receiving and paying of money for or in relation to the carrying on of the Works of the Dreining of the said great Level and shall and may sue for and recover the same and that all Arrears of Rent already incurred upon or out of any part of the said Ninety five thousand Acres upon any Contract or Lease of the said Premisses or any part or parcel thereof shall be received and recovered as if the said pretended Act had béen a good and effectual Act And if any Suit be commenced against the said Corporation In Suits against any imployed by this Act the defendant may plead the general issue or any person for any matter or thing done in pursuance of this Act then he or they shall or may plead the General Issue and give the special matter in Evidence upon any Tryal to be had touching the same which shall be as good and effectual in Law as if the same had béen specially pleaded and the Iury upon the Tryal to give a Verdict accordingly Lands of persons attainted and titles under them vested in the King Provided always and be it further Enacted by the Authority aforesaid That as touching and concerning such part and parcel of the said Eighty thrée thousand Acres whereof any person or persons attainted or that shall be attainted was or were in possession at any time since the Nine and twentieth day of May in the year of our Lord One thousand six hundred fourty and nine under pretended Sales thereof respectively made by colour of the said pretended Act or under any other Title or pretended title whatsoever The Kings most Excellent Majesty his Heirs Successors and Assigns shall have the same and like benefit advantage and interest in all and every the said parts and parcels of the said Eighty thrée thousand Acres and no other then as the said persons so attainted or which shall be attainted could or ought to have by vertue of this Act in case they had not béen so attainted or shall not be attainted And whereas the Shares Lots Parts and Proportions of and in the said Ninety five thousand Acres which in pursuance of the said Indenture of Fourtéen parts and by vertue or intention of the said Act and Law of Sewers made at Lyn do belong and appertain to the said Samuel Sandys the elder or his Trustées Sir William Terringham Sir Richard Onslow and other the Assignées and Trustées of Henry late Earl of Arundel and Surrey deceased Arthur Earl of Anglesey Thomas Lord Culpeper Robert Phillips Robert Scawen and to divers other persons the Participants of the said Earl Francis and Parties of the said Indenture or their respective Heirs Executors Administrators or Assigns are now possessed and enjoyed by divers persons who took contracted for or accepted of or by such who claim and derive their interest and title from and under such persons as did take contract for or accept of pretended Estates or Conveyances of the same made or pretended to be made by certain persons mentioned in and by the said pretended Act of the Nine and Twentieth day of May One thousand six hundred fourty and nine to have Authority to sell the Shares Lots Parts and Proportions of such of the Adventurers and Participants of the said Earl Francis and of their respective Heirs and Assigns as should refuse or make default of payment of such Taxes as should by colour and in pursuance of the said pretended Act be imposed upon them respectively in respect of their Shares and Lots in or out of the said Ninety five thousand Acres Be it therefore Enacted by the Authority aforesaid That the said Governour Bayliffs and Commonalty of the said Company of Conservators of the said Great Level of the Fenns and their Successors shall Actually stand seised and possessed of all and every the Shares Lots Parts and Proportions last mentioned in trust nevertheless to and for the use and behoof of the said Samuel Sandys the Elder or his Trustées in trust for him Sir William Terringham Sir Richard Onslow and others the said Assignées and Trustées of Henry late Earl of Arundel and Surrey deceased Arthur Earl of Anglesey Thomas Lord Culpepper Robert Phillips Robert Scawen and of their respective Heirs and Assigns and to and for the respective uses and behoofs of the said other persons the Participants of the said Earl Francis and Parties to the the said Indenture of Fourtéen parts and of their respective Heirs and Assigns now out of possession of their respective Shares Lots Parts and Proportions of the said Ninety five thousand acres as heretofore in or about the Moneth of October in the Thirtéenth year of the Reign of the late King Charles of ever blessed memory were respectively allotted severed set forth or divided for or as the respective Shares Lots Parts and Proportions of such of the Adventurers the Participants of the said Earl Francis and Parties to the said Indenture of Fourtéen parts their respective Heirs Executors Administrators and Assigns from and under whom the said Samuel Sandys the Elder or his Trustées Sir William Terringham Sir Richard Onslow and others the Assignées and Trustées of Henry late Earl of Arundel and Surrey deceased Arthur Earl of Anglesey Thomas Lord Culpepper Robert Phillips Robert Scawen and the said other persons the Participants of the said Earl Francis and their respective Heirs Executors Administrators and Assigns now out of possessions of their respective Shares Lots Parts and Proportions do respectively claim and derive their said Shares Lots Parts and Proportions And the said Governour Bayliffs and Commonalty of the Company of Conservators are hereby authorized and required to execute respective Estates of the said Shares Lots Parts and Proportions accordingly subject and lyable nevertheless with the residue of the said Ninety five thousand acres in equal proportion to all taxes and charges to be laid
and imposed by vertue of this Act for preservation of the said Great Level from drowning And whereas the persons now in possession of the said last mentioned Shares Lots Parts and Proportions of the said Ninety five thousand acres whereof pretended Estates and Conveyances were taken contracted for or accepted of as aforesaid do pretend that they or those under whom they do respectively claim and derive their right title or pretensions to the said Shares Lots Parts and Proportions respectively have laid out and disbursed for Taxes for and towards the maintenance preservation and repair of the works of the said Great Level heretofore Erected by the Earl Francis and his Participants and for and towards their erection of new and necessary works for the better and more effectual Dreyning of the said Great Level and for building upon the said Shares Lots Parts and Proportions more moneys then the cléer rents issues and profits of the said Shares Lots Parts and Proportions have amounted to since the said respective pretended Estates and Conveyances were first taken contracted for accepted as aforesaid Be it therefore Enacted by the Authority aforesaid And it is hereby Enacted That the Chief Iustice of the Court of Kings Bench the Chief Iustice of the Court of Common-Pleas The Chief Iustice of the Kings bench and others made a Iudicature to hear and determine differences the Chief Baron of the Court of Exchequer and the Iustices of the said Court of Common-Pleas for the time being or any two or more of them are hereby constituted appointed and erected a Iudicature or Commissioners to Hear Order Iudge Decrée and Determine upon Bills and Answers to be Exhibited or otherwise as they shall think fit betwéen the said persons who are now in the Possession of the said respective Shares Lots Parts and Proportions and the respective Heirs and Assigns of the said persons now in possession as aforesaid And the said Sir Richard Onslow and other the said Assignées and Trustées of the said Henry late Earl of Arundel and Surrey deceased Arthur Earl of Anglesey Thomas Lord Culpepper the said Samuel Sandys the elder or his Trustées Sir William Terringham Robert Phillips Robert Scawen and the said other persons Participants of the said Earl Francis and their respective Heirs and Assigns who are now out of the possession of the said Shares Lots Parts and Proportions respectively and to whom respective Estates are by vertue of this Act to be executed of the same as aforesaid And the said Iudicature or Commissioners or any two or more of them are hereby authorized out of the said Shares Lots Parts and Proportions to Order Adjudge Decrée and Determine to either of the said Parties respectively such recompence and allowance as they the said Iudicature or Commissioners or any two or more of them shall see cause And for the better enabling the said Iudicature or Commissioners to procéed to the hearing ordering adjudging decréeing and determining and for putting in due and spéedy execution such Order Iudgement Decrée and Determination as they or any two or more of them shall make betwéen the said parties It is hereby further Enacted by the Authority aforesaid That they the said Iudicature or Commissioners or any two or more of them shall have such and the like power and authority as the High Court of Chancery hath in cases before the said Court depending and for putting in execution the Decrées of the said Court. The power and authority of the said Iudicature And to the end that the said Iudicature may be the better enabled to Iudge of the Rights and Pretensions of either party Be it further Enacted by the Authority aforesaid That in every Decrée or Determination which they shall make by vertue and in pursuance of this Act they shall have regard to the sum and sums of money actually disbursed and expended by either party in the Works of Dreyning the said Great Level Directions for their decrees and proceedings and in the preservation and reparation of the same and also to the respective Times of such Disbursements and expence defalking thereout such sum and sums of money as have béen received by either party their Tenants or Assigns for the Rents Issues and Profits of the same and abating out of the Interest of the Money disbursed by either party so much as the Interest of the Money received by such party for the Rents Issues and Profits of the same doth amount unto And to the intent that the persons who by the true intent and meaning of this Act are to be put into possession of any part of the said Eighty thrée thousand acres may not by undue delayes or by any other means or pretensions be kept out of the possession of the same Be it further Enacted by the Authority aforesaid That at any time or times after the expiration of Six moneths after the Passing of this Act it shall and may be lawful to and for the said Samuel Sandys the elder and his Trustées for him Sir Richard Onslow and others the Assignées and Trustées of Henry late Earl of Arundel and Surrey deceased Arthur Earl of Anglesey Thomas Lord Culpepper Sir William Terringham Robert Phillips and Robert Scawen their and every of their respective Heires and Assigns and to and for the Participants of the said Earl Francis Parties to the said Indenture of Fourtéen parts their and every of their respective heirs and assigns whose Lands Shares Lots Parts and Proportions of and in the said Ninety five thousand acres were sold or pretended to be sold for non-payment of Taxes by vertue of the said pretended Act of the Nine and twentieth day of May in the year of our Lord One thousand six hundred forty and nine to bring their respective Action or Actions of Trespass or Trespass and Ejectment in His Majesties Court of Kings Bench or Court of Common-Pleas at Westminster against any person or persons whatsoever possessing withholding or occupying the same although the said Governour Bayliffs and Conservators or so many and such of them as are thereunto authorized by this present Act have not or shall not execute estates pursuant to this present Act to such person or persons hereby enabled to bring such Action or Actions and such person or persons shall recover such Lands Shares Lots Parts and Proportions of the said Ninety five thousand acres as they respectivly shall make and derive title and claim unto as Participants of the said Francis Earl of Bedford parties to the said Indenture of Fourtéen parts or as the respective Heirs or Assigns of the said respective Participants parties to the said Indenture of Fourtéen parts as if the said Governour Bayliffs and Conservators had duely executed respective Estates of such respective Lands Shares Lots parts and Proportions of the said Ninety five thousand acres according to the true intent and meaning of this Act And such person or persons his and their respective Heirs and Assigns shall have and
hold the same Lands Shares Lots parts and proportions as fully and effectually as if the said Governour Bayliffs and Conservators had executed respective Estates thereof subject nevertheless to such Decrée as the said Iudicature or Commissioners before nominated and appointed shall make touching or concerning the Premises and also subject to the payment of all Taxes to be laid and imposed by vertue of this Act and no other And whereas there are several sums of money amounting to Four thousand pounds or thereabouts in arrear for Taxes laid and imposed since the Nine and twentieth day of September 4000 l. in arrear for Taxes upon whom to be laid in the yeare of our Lord One thousand six hundred fifty and eight upon several parts of the said Ninety five thousand acres subjected by this Act to the Iudicature aforesaid and for Penalties incurred for non-payment of the same by vertue or colour of some Act or authority or pretended Act or authority Be it therefore Enacted by the authority aforesaid That the said Commissioners or Iudicatory or any two of them aforesaid shall have Power and authority and are hereby required in such adjudication as they shall make touching the Lands subjected to their Iudicature as aforesaid to Direct Order and Decrée upon what Persons or Lands the said Sums of Money so in Arrear for Taxes and Penalties as aforesaid shall be charged and the said Taxes and Penalties shall be accordingly levyed upon such Persons or Lands and in such manner and by such ways and means as shall be Directed Ordered and Decréed by the Iudicature aforesaid or any two of them And as if such Direction Order and Decree had béen particularly hereby Enacted Complaints by particular persons and Parishes And whereas particular persons and Parishes do conceive and alledge That the Dreining of one place hath Drowned and made worse the Lands in other places And whereas divers persons likewise do alledge and complain That the said Ninety five thousand acres in many places are not indifferently set out or allotted according to the Law made at Lyn in the Sixth year of the late King Charles nor according to Agréement made with the Countrey But in many places greater quantities have béen taken from the Owners Commoners and Townships then ought to have béen And that some Lands have béen taken as belonging to one Parish and County which in truth did belong to another And in many places the allotments have béen taken very inconvenient for the Townships which ought not to have béen by the said Agréement And whereas the Dreining aforesaid and future maintenance of the said Great Level ought to be without prejudice to Navigation And because all Complaints which have béen made and all prejudices which have béen or shall be done to particular Persons Parishes and Places cannot by this Act be sufficiently provided for and remedied Be it further Enacted by the Authority aforesaid That Sir John Tracy Knight Commissioners hearing the said Complaints and Differences Sir Charles Mordant Sir Nicholas L' Strange Baronets Sir William Hovel Knight Edward Pepis Humphrey Beddingfield Nicholas Stileman Esquires for the County of Norfolk Sir Nicholas Bacon Knight of the Bath Sir Lyonel Tolimach Baronet Sir John Duncombe Knight Sir Edmond Pooley Knight Sir George Reve Knight and Baronet Sir George Weneve Knight Thomas Waldegrave Esquire for the County of Suffolk Sir Dudley North Sir Thomas Wendy Knights of the Bath Levinus Bennet Esq Robert King John Pepis Doctors of the Law Thomas Crouch Francis North Esquires for the County of Cambridge Sir Thomas Sclater Baronet L' Strange Colthrop John Millecent Thomas Hall John Sotheby Esquires John Bing Esquire and William Wren Esquire for the Isle of Ely Sir Francis Compton Knight Robert Appreece Sutton Ashfield Esquires Anthony South Doctor of the Law Robert Payne Richard Nayler _____ Ferrers of Gedding Esquires for the County of Huntington Sir William Dudley Knight and Baronet Maurice Tresham Francis Kirkham Lewis Palmer Christopher Thursby Francis Lane George Tresham Esquires for the County of Northampton Sir Charles Hussey Sir John Newton Baronets Sir Thomas Meeres Sir Anthony Irby Knights Sir Anthony Oldfield Baronet Richard Brownlow Daniel Rhodes Esquires for the County of Lincoln shall be and are hereby made and constituted the present Commissioners for the purpose herein mentioned And for the supplying the number of the Commissioners of the said respective Counties in case of death or other avoidance or incapacity Be it also Enacted That within Thrée moneths after such death or Notice of such avoidance or incapacity of the remaining Commissioners of each respective County of which such Commissioners who died or became incapable were or the major part of them shall from time to time nominate and appoint by Déed under their Hands and Seals to be enrolled in Chancery some other person or persons residing within the said County of which the said Commissioners who died or became incapable The Power and Authority of the said Commissioners were to be Commissioners in the place and stead of him or them so dying or becoming incapable which said Commissioners hereby constituted or hereafter to be constituted in manner aforesaid or any seven or more of them be are and shall be hereby Authorized and Impowred from time to time to hear and determine such Complaints Controversies Differences and Grievances as are in this Act expressed relating to or concerning or occasioned by the Dreining and Maintaining the said Great Level of any Parish or Township or of any person or persons as well within or without the said Level in such manner as is herein after expressed And that the said Commissioners hereby constituted or hereafter to be constituted in manner aforesaid or any seven or more of them shall from time to time have power and authority and are hereby required at or before the Eight and twentieth day of September which shall be in the year of our Lord One thousand six hundred sixty and six to give or make satisfaction out of the said Ninety five thousand Acres to such Parish or Township Person or Persons whose Lands or Interest therein either within or without the said Level shall after the First day of May One thousand six hundred sixty and thrée be made worse in quality or condition by the aforesaid Dreining or Works then they were before the Vndertaking the Dreining of the said Level in the Sixth year of the Reign of our late King Charles of blessed memory and proportionable to the Losses the owners of or persons interessed in such Lands shall hereafter receive by reason of their Lands being made worse in Quality or Condition by any such Works and Dreining as aforesaid and shall also have power at any time within Four years from the Four and twentieth day of June in the year of our Lord One thousand six hundred sixty and thrée to alter change and restore such parts and parcels of the said Ninety five thousand Acres as
Majesty and the Quéen◠Majesty their Heirs Successors and Assigns to continue in the possession usage disposal of the Bank called Dousedale Bank being on the south side of His Majesties Demean Lands Dousedale Bank called Port sand belonging to their Mannor of Crowland being part therof and to have such ancient Passages and Currents as of right have béen used and accustomed for the avoidance of water through the same into the River South Eae as if this Act had never béen made Provided always and be it Enacted by the authority aforesaid How and for what time Archbishops Bishops c. may make leases That it shall and may be lawful to and for every Archbishop Bishop Dean and Chapter and all Colledges and Halls in either Vniversity and all Bodies Politique and Corporate who are or shall be Lords of Mannors or have or shall have right of Soil or Common in the Wastes within this said Level or within such other Towns Parishes and Places into which the Works of the Dreyning aforesaid do or shall extend and who are by this Act impowred to improve set out inclose divide and sever such proportion or proportions as to them shall or may respectively belong or appertain out of the said Commons and Wastes within the said Level to demise by Indenture all and every the said such proportion or proportions as to them shall or may respectively belong or appertain out of the said Commons or Wastes within the said Level which have not by express Words and under any particular Rent béen at any time formerly demised for any Term or Number of Years not excéeding One and twenty Years so as upon every such Demise or Lease be reserved the fourth part of the true Yearly value to be ascertained by the Commissioners aforesaid or any seven of them due and payable Yearly during the said Term to him or them and his and their Successors Provided always and be it Declared by and with the consent of all Parties concerned That neither this Act nor any thing therein contained shall extend or be construed to extend to alter the possession of Thomas Chicheley Esquire of or from Six hundred seventy one acres parcel of the Lot now claimed to belong to the said Trustées of Henry late Earl of Arundel and Surrey and Two hundred thirty one acres Parcel of the Lot now cliamed to belong to the said Sir William Terringham or from any part thereof by him the said Thomas Chicheley now enjoyed under Purchasers by Sales for non-payment of Taxes upon the dispute betwéen the old and new Adventurers But that the said Corporation shall execute Conveyances of the said respective proportion unto the said Thomas Chicheley his Heirs and Assigns Any thing herein contained to the contrary thereof in any wise notwithstanding Provided always and be it Enacted That all such Right or Rights as any Lord or Lords of any Mannor or Mannors Liberties Hundred or half hundred have heretofore had within their respective Mannor or Mannors Liberties Hundred or half hundred within or without the said Level to Waifes Strayes Felons Goods Priviledges of Arrests Escheats and all other Royalties not prejudicial to the Dreining be hereby saved to them their Heirs Successors and Assigns severally and respectively Any thing in this Act to the contrary thereof notwithstanding Provided always That this Act or any thing therein contained shall not be interpreted to infringe or any way to weaken an Act made the Fourth year of the Reign of King James 4 Jac. cap. 13. Entituled An Act for the Dreining of certain Fenns and Low Grounds within the Isle of Ely subject to hurt by Surrounding containing about Six thousand acres compassed about with certain Banks commonly called and named The Ring of Waltersea and Coldham but the said Act shall stand in full force and vertue Any thing in this present Act to the contrary notwithstanding Provided also That whereas divers Lands in and near adjoyning unto the said Great Level have béen cut through for the better conveying of the Waters from the same and for upholding or repairing the Banks and Workes there without making satisfaction to the respective Owners of the said Lands for the damage they have sustained by such cutting Be it further Enacted That the said Commissioners for the time being or any seven or more of them upon complaint to them made of such damage sustained as aforesaid without recompence for the same shall be and are hereby impowered to award and Decrée such recompence and satisfaction to the party and parties grieved according to their respective damages sustained by such cutting as to the said Commissioners for the time being or any seven or more of them shall be adjudged reasonable the said recompence and satisfaction to be made and given by the said Corporation within six moneths next after such Award or Decrée made and in default thereof the said Commissioners or any seven or more of them shall and may and are hereby impowered to Rate and Tax the said 95. thousand Acres and to Distrain thereupon for the payment of such Rate or Tax and the Distress taken thereupon to sell or dispose as they shall think fit rendring the overplus if any be to the Owners for the payment and satisfaction of such moneys and damages as shall be so Awarded Any thing in this Act to the contrary thereof notwithstanding Provided nevertheless That in case the Iudicature hereby established The Barons of the Exchequer impowred to hear and determine differences between parties shall not within Twelve moneths from the First day of August next hear and determine all the matters by this Act to them referred concerning the said 95000. acres all and every such person and persons whose Complaints shall be then undetermined may make their applications to the Barons of His Majesties Court of Exchequer who are hereby established a Court of Iudicature and sufficiently authorized to hear and determine all such controversies and differences betwéen the said parties in as large and ample manner to all intents and purposes as the Iudicature hereby established might have done and such Iudgment Order or Decrée of the said Court of Exchequer shall be in all things observed and be effectual as if the said Barons had béen made the only Iudicature by this Act. Lessees of the King Provided always and be it Enacted by the Authority aforesaid That the Lessées of the Kings Majesty his Heirs and Successors of the said Ten thousand Acres or of any part thereof and the Assigns of such Lessées and every or any of them shall be capable to be elected and chosen into the Office or Place Offices or Places of Governor Bayliffs and Conservators aforesaid and to vote in such elections and choice and in all other matters as fully to all intents and purposes as any other Members of the Corporation Owners of any part of the said Ninety five thousand acres may be elected and chosen vote in
such election and choice or in any other matter so as such Lessées and their Assignées respectively have and be Lessées or Owners of double the quantity or number of Acres parcel of the said Ten thousand Acres as by vertue of this Act is required to qualifie any person to be elected and chosen into the Office or Place of Governor Bayliff or Conservator respectively and to vote in such elections and choice or in any other matter touching the said Level and so as such Leases or Assignments they claim by be entred with the Register Any thing before in this Act to the contrary notwithstanding Provided always and be it Enacted by the Authority aforesaid That this Act shall not extend to Impeach or make void any Obligation given to David Offley Gentleman conditioned for his quiet enjoyment of a certain parcel of Land purchased by him in the said Level but that the said David Offley may sue and prosecute his several Action or Actions upon the said Obligation as if he had béen evicted or removed from his Estate therein by due course of Law How Breaches shall be made good And be it further Enacted by the Authority aforesaid That if any Breaches happen in any of the Banks Sasses Sluces Tunnels or other Works within the said Great Level or in any the Works made without the said Great Level for carrying the waters of the said Great Level to their Out-fall at Sea by reason of some inevitable accidents the same shall be repaired and made good in convenient time by and at the Charges of the said Corporation and their Successors but no other Charge shall be laid upon the said Corporation or their Successors for or in respect of such Breaches nor for or in respect of any Breaches that have happened heretofore in any of the said Banks Sasses Sluces or other Works nor shall the said Corporation be inforced to give to any other person any recompence for any loss or damage which hath or shall happen by reason of their making necessary and sufficient Banks for the defending of the said Level from being overflown and for the leading of the waters of the said Level in their Channels as now they run unto their Out-fall at Sea Proviso for persons that have exchanged their Lands Provided nevertheless and be it Enacted That where any Participant under Francis Earl of Bedford or the Heirs or Assigns of any such Participant hath exchanged his or their Share or Lot of the said Ninety five thousand Acres or any part thereof for any other Lands parcel of the said Ninety five thousand acres which were claimed and held under such pretended Sales for non-payment of Taxes since One thousand six hundred forty and nine It shall and may be lawful to and for such Participant and Participants and his and their Heirs and Assigns to enter again upon the same Lands so given in exchange and to have and retain the same in his and their possession Any thing in this Act to the contrary notwithstanding Subject nevertheless in all things to such Iudgment and Determination as the Iudicature hereby construed shall make concerning the same Provided always That no ascertatining or dividing of the said Dreyned or new improved Lands by the said Commissioners as aforesaid shall conclude the Kings Majesty his Heirs Successors or Assigns or any other person or persons as to the bounds of Parishes to any other intent or purpose then subjecting the same to Taxes and Contributions and Episcopal Iurisdictions and not as to the Right of Tythes or any other purpose whatsoever nor shall be or be used in evidence concerning the same Commons and Wasts in Bedford Level inclosed Provided also and be it further Enacted by the Authority aforesaid That if any person or persons having right of Common in any of the Mannors Wastes Commons or Lands within the said Great Level of the Fenns called Bedford Level or any other person or persons whatsoever at any time after such Division or Inclosure made or set out as aforesaid shall break throw down disturb obstruct or by any means hinder or lay open the said Improvements and Inclosures at in or after the making thereof or the Hedges Ditches or Fences of the same or any part thereof shall destroy and shall be thereof convicted by two credible Witnesses upon Oath before two Iustices of the Peace of the County where such Disturbance or Destruction shall be made Every such person or persons so convicted as aforesaid shall forfeit for every such offence the sum of twenty pounds to be levied by Distress vpon the Goods and Chattels of every such offender or offenders by Warrant under the hands and seals of the said Iustices of the Peace before whom such conviction shall be made the one moyety to the Informer and the other moyety to such person or persons against whom the said Offence is or shall be committed or for want of such sufficient distress the Offender shall be committed to the House of Correction or Common Goal for thrée Moneths without Bail or Mainprise at the said Iustices Discretion Provided always and it is hereby Enacted and Declared by the Authority aforesaid That from and after the first day of August which shall be in the year of our Lord One thousand six hundred sixty and eight no Tax or Taxes excéeding Two shillings the Acre in any one year shall be assessed After the year 1668. Taxes shall not exceed 2 s. in the pound laid or levied upon the said Ten thousand Acres by this Act vested in the Kings Majesty his Heirs Successors and Assigns or upon any part thereof or upon the Two thousand Acres hereby vested in the Assigns of the said Earl of Portland but in case the Taxes to be assessed upon the said Eighty thrée thousand Acres hereby vested in the said Corporation shall not amount unto so much in proportion as Two shillings an Acre according to the proportion for each acre Then a proportionable abatement shall be made out of the said Two shillings per Acre which shall be charged yearly by an equal Rate upon every acre of the said Ten thousand acres and the said Two thousand acres according to the Rate imposed upon every acre of the said Eighty thrée thousand acres whether the same shall be assessed by an Acre-Tax or a Pound-Rate or by any other way Any thing herein contained to the contrary notwithstanding And it is further Declared That the Assessing Laying and Levying of Taxes upon the said Ten thousand acres or upon the said Two thousand acres or any part thereof after the said First day of August which shall be in the said year of our Lord One thousand six hundred sixty and eight by the way of an Acre-taxe shall not extend nor be interpreted or construed to extend to compel or conclude the said Corporation to Assess Lay or Levy any Tax or Taxes upon the said Eighty thrée thousand acres hereby vested in the said
Corporation or upon any part thereof by the way of an Acre-Tax Anno XVI Caroli II. Regis CAP. I. Parliaments shall be held once in Three years at the least And an Act for the preventing of Inconveniences happening by the long Intermission of Parliaments Repealed WHereas the Act made in the Parliament begun at Westminster the Third day of November in the Sixtéenth year of the Reign of our late Soveraign Lord King Charles of blessed memory Entituled 16 Car. 1. cap. 1. An Act for the preventing of Inconveniences happening by the long Intermission of Parliaments is in derogation of his Majesties just Rights and Prerogative inherent to the Imperial Crown of this Realm for the Calling and Assembling of Parliaments And may be an occasion of manifold mischiefs and inconveniencies and much endanger the Peace and Safety of his Majesty and all his Liege People of this Realm Be it therefore Enacted by the Kings most Excellent Majesty by and with the Advice and Consent of the Lords Spiritual and Temporal and the Commons in this present Parliament Assembled and by the Authority of the same That the said Act entituled A Repeal of the said Act. An Act for the preventing of Inconveniences happening by the long Intermission of Parliaments And all and every the Articles Clauses and Things therein contained is shall be and are hereby wholly Repealed Annulled and utterly made Void And are hereby declared to be Null and Void to all intents and purposes whatsoever as if the said Act had never béen had or made Any thing in the said Act contained to the contrary in any wise notwithstanding And because by the Ancient Laws and Statutes of this Realm 4 E. 3. cap. 14. 36 E. 3. cap. 10. made in the Reign of King Edward the Third Parliaments are to be held very often Your Majesties humble and Loyal Subjects the Lords Spiritual and Temporal and the Commons in this present Parliament Assembled most humbly do beséech Your most Excellent Majesty That it may be Declared and Enacted And be it Declared and Enacted by the Authority aforesaid That hereafter the sitting and holding of Parliaments shall not be intermitted or discontinued above Thrée years at the most but that within Thrée years from and after the determination of this present Parliament and so from time to time within Thrée years after the determination of any other Parliament or Parliaments or if there be occasion more oftner Your Majesty Your Heirs and Successors do issue out Your Writs for calling assembling and holding of another Parliament to the end there may be a frequent calling assembling and holding of Parliaments once in Thrée years at the least CAP. II. An Act for preventing of Abatements of Writs of Error upon Judgments in the Exchequer WHereas by a Statute made in the One and thirtieth year of the Reign of the late Quéen Elizabeth It is Enacted That the not coming of the Lord Chancellor 31 El. cap. 1. and Lord Treasurer or either of them at the day of Adjournment in any Suit of Error depending 31 E 3. cap. 12. by vertue of the Statute of the One and thirtieth year of the Reign of King Edward the Third therein mentioned concerning Error made in the Exchequer shall not be any Discontinuance of any such Writ of Error But if both the Chief Iustices of either Bench or any one of the said great Officers the Lord Chancellor or Lord Treasurer shall come to the Exchequer-Chamber and there be present at the day of Adjournment in such Suit of Error It shall be no Discontinuance but the Suit shall procéed in Law to all intents and purposes as if both the Lord Chancellor and Lord Treasurer had come and béen present at the day and place of Adjournment Which Statute doth not provide a Remedy in case the said Lord Chancellor and Lord Treasurer or either of them shall not be present at the Days and Times of the Returns of such Writs of Error although it be within the same mischief Iustice being delayed And the parties in such Cases being put to begin new Suits to their great Charges and prejudice by reason of the absence and not coming of the said great Officers Be it therefore Enacted by the Kings most Excellent Majesty by and with the Advice and Consent of the Lords Spiritual and Temporal and the Commons in Parliament Assembled and by Authority of the same The not comâ—ing of the Lord Chancellor or Lord Treasurer That the not coming of the Lord Chancellor and Lord Treasurer or either of them at the day of Return of any Writ of Errour to be sued forth by vertue of the said Statute made in the said One and thirtieth year of the Reign of the said King Edward the Third shall not cause any Abatement or Discontinuance of any such Writ of Error But if both the Chief Iustices of either Bench or either of them or any one of the said great Officers the Lord Chancellor or Lord Treasurer shall come to the Exchequer-Chamber and there be present at the day of Return of any such Writ of Error it shall be no Abatement or Discontinuance But the Suit shall procéed in Law to all intents and purposes as if both the Lord Chancellor and Lord Treasurer had come and béen present at the day and place of Return of such Writ Provided always That no Iudgment shall be given in any such Suit or Writ of Error unless both the Lord Chancellor and the Lord Treasurer shall be present thereat CAP. III. For Collecting the Duty arising by Hearth-Money by Officers to be appointed by His Majesty 14 Car. 2. cap. 10. WHereas by an Act made in the Parliament begun at Westminster the Eighth day of May in the Thirtéenth year of his Majesties Reign that now is Entituled An Act for Establishing an Additional Revenue upon His Majesty his Heirs and Successors for the better Support of His and their Crown and Dignity And by another Act made in the second Session of the said Parliament 15 Car. 2. cap. 14. in the Fiftéenth year of the Reign of his said Majesty Entituled An Additional Act for the better Ordering and Collecting the Revenue arising by Hearth-money It was Enacted and Ordained That from and after the Five and twentieth day of March in the year of our Lord One thousand six hundred sixty and two every Dwelling and other House and Edifice and all Lodgings in Inns of Court Inns of Chancery Colledges and other Societies that are or hereafter shall be erected within the Kingdom of England Dominion of Wales and Town of Berwick upon Tweed other then such as are therein excepted shall be and are charged with the Annual payment to the Kings Majesty his Heirs and Successors for every Fire-Hearth and Stove within every such House Edifice Chambers and Lodgings the sum of Two shillings by the year to be paid yearly at the Feasts of Saint Michael the Arch-Angel and of the
that purpose And that the respective Sheriffs shall be allowed or paid from the King upon their respective Accompts in the Exchequer all such charges by them expended for Conveying Embarquing and Transporting of such persons which shall be allowed by the said respective Courts from whence they received their respective Warrants and which shall not have béen by any of the ways aforementioned paid secured or reimbursed unto them as aforesaid How the offender may be discharged upon payment of 100 l. Provided always and be it further Enacted That in case the offender so Indicted and Convicted for the said Third offence shall pay into the hands of the Register or Clerk of the Court or Sessions where he shall be Convicted before the said Court or Sessions shall be ended the sum of One hundred pounds That then the said offender shall be discharged from Imprisonment and Transportation and the Iudgement for the same Punishment of offenders after the third offence And be it further Enacted That the like Imprisonment Indictment Arraignment and Procéedings shall be against every such offender as often as he shall again offend after such Third offence Nevertheless is dischargeable and discharged by the payment of the like sum as was paid by such offender for his or her said offence next before committed together with the additional and increased sum of One hundred pounds more upon every new offence committed the said respective sums to be paid as aforesaid and to be disposed of as followeth viz The one Moyety for the Repair of the Parish Church or Churches How the said penalty of 100 l. shall be disposed Chappel or Chappels of such Parish within which such Conventicle Assembly or Méeting shall be held and the other Moyety to the Repair of the High-ways of the said Parish or Parishes if néed require or otherwise for the amendment of such High-ways as the Iustices of the Peace at their respective Quarter-Sessions shall direct and appoint And if any Constable Headborough or Tythingman shall neglect to execute any the said Warrants made unto them for Sequestring Distraining and Selling any of the Goods and Chattels of any offender against this Act for the Levying such sums of money as shall be imposed for the first or second offence he shall forfeit for every such neglect the sum of Five pounds of lawful money of England the one moyetie thereof to the King and the other moyetie to him that will sue for the same in any of the Kings Courts of Record as is aforesaid And if any person be at any time Sued for putting in Execution any of the powers contained in this Act Persons sued for executing this Act may plead the General issue and recover treble Costs such person shall and may plead the general Issue and give the special matter in evidence And if the Plaintiff be Non-suit or a Verdict pass for the Defendant thereupon or if the Plaintiff discontinue his Action or if upon Demurrer Iudgement be given for the Defendant every such Defendant shall have his or their treble Costs Felony to escape after conviction or to returne after Transportation And be it further Enacted That if any person against whom Iudgement of Transportation shall be given in manner aforesaid shall make escape before Transportation or being Transported as aforesaid shall return unto this Realm of England Dominion of Wales and Town of Berwick upon Tweed without the special License of His Majesty His Heirs and Successors in that behalf first had and obtained That the party so escaping or returning shall be adjudged a Felon and shall suffer death as in case of Felony without benefit of Clergy and shall forfeit and lose to His Majesty all his or her Goods and Chattels for ever and shall further lose to His Majesty all his or her Lands Tenements and Hereditaments for and during the life only of such offender and no longer And that the wife of any such offender by force of this Act shall not lose her Dower nor shall any Corruption of blood grow or be by reason of any such offence mentioned in this Act But that the heir of every such offender by force of this Act shall and may after the death of such offender have and enjoy the Lands Tenements and Hereditaments of such offenders as if this Act had not béen made Seditious and Tumultuous Meetings and Conventicles And for better preventing of the mischiefs which may grow by such Seditious and Tumultuous Méetings under pretence of Religious Worship Be it further Enacted by the authority aforesaid That the Lieutenants or Deputy-Lieutenants or any Commissioned Officers of the Militia or any other of His Majesties Forces with such Troops or Companies of Horse or Foot And also the Sheriffs and Iustices of Peace and other Magistrates and Ministers of Iustice or any of them joyntly or severally within any of the Counties or Places within this Kingdom of England Dominion of Wales or Town of Berwick upon Tweed with such other assistance as they shall think méet or can get in readiness with the soonest on Certificate made to them respectively under the hand and seal of any one Iustice of the Peace or Chief Magistrate as aforesaid of his particular Information or knowledge of such unlawful Méetings or Conventicles held or to be held in their respective Counties or places And that he with such assistance as he can get together is not able to suppress or dissolve the same shall and may and are hereby required and enjoyned to repair unto the place where they are so held or to be held and by the best means they can to dissolve and dissipate or prevent all such unlawful Méetings and take into their custody such of those persons so unlawfully assembled as they shall judge to be the Leaders and Seducers of the rest and such others as they shall think fit to be procéeded against according to Law for such their Offences The penalty of suffering Conventicles in private houses And be it Enacted by the Authority aforesaid That every person who shall wittingly and willingly suffer any such Conventicle unlawful Assembly or Méeting aforesaid to be held in his or her House Out-house Barn or Room Yard or Back-side Woods or Grounds shall incur the same penalties and forfeitures as any other Offender against this Act ought to incur and be procéeded against in all points in such manner as any other offender against this Act ought to be procéeded against Gaolers may not let priso-committed upon this Act to go at large Provided also And be it Enacted by the authority aforesaid That if any Kéeper of any Gaol or House of Correction shall suffer any person committed to his custody for any offence against this Act to go at large contrary to the Warrant of his Commitment according to this Act or shall permit any person who is at large to joyn with any person committed to his Custody by vertue of
this Act in the exercise of Religion differing from the Rites of the Church of England then every such Kéeper of a Gaol or House of Correction shall for every such offence forfeit the sum of Ten pounds to be Levied Raised and Disposed by such persons The Penalty and in such manner as the penalties for the first and second offences against this Act are to be Levied Raised and Disposed Provided always That no person shall be punished for any offence against this Act Within what time offenders must be prosecuted unless such Offender be prosecuted for the same within Thrée moneths after the offence committed And that no person who shall be punished for any offence by vertue of this Act shall be punished for the same offence by vertue of any other Act or Law whatsoever Provided also and be it Enacted Marryed women how to be punished That Iudgement of Transportation shall not be given against any Feme-Covert unless her husband be at the same time under the like Iudgement and not discharged by the payment of money as aforesaid but that instead thereof she shall by the respective Court be committed to the Goal or House of Correction there to remain without Bail or Mainprise for any time not excéeding Twelve moneths unless her Husband shall pay down such sum not excéeding Forty pounds to redéem her from Imprisonment as shall be imposed by the said Court the said sum to be disposed by such persons and in such manner as the Penalties for the first and second offence against this Act are to be disposed Provided also and be it Enacted by the Authority aforesaid That the Iustices of the Peace How Iustices of the Peace may enter into houses suspected for Conventicles and chief Magistrate respectively Impowered as aforesaid to put this Act in execution shall and may with what aid force and assistance they shall think fit for the better execution of this Act after refusal or denial Enter into any House or other place where they shall be informed and such Conventicle as aforesaid is or shall be held Provided That no Dwelling-house of any Péer of this Realm The houses of Peers whilst he or his Wife shall be there resident shall be searched by vertue of this Act but by immediate Warrant from His Majesty under His Sign Manual or in the presence of the Lieutenant or one of the Deputy-Lieutenants or two Iustices of the Peace whereof one to be of the Quorum of the same County or Riding Nor shall any other Dwelling-house of any Péer or other person whatsoever be entred into with force by vertue of this Act but in the presence of one Iustice of the Peace or chief Magistrate respectively except within the City of London where it shall be lawful for any such other Dwelling-house to be entred into as aforesaid in the presence of one Iustice of the Peace Alderman Deputy-Alderman or any one Commissioner of the Lieutenancy for the City of London Provided also and be it Enacted by the Authority aforesaid What persons may be not committed to the house of Correction That no person shall by vertue of this Act be committed to the house of Correction that shall satisfie the said Iustices of the Peace or Chief Magistrate respectively That he or she and in case of a Feme-Covert that her Husband hath an Estate of Frée-hold or Copy-hold to the value of Five pounds per annum or personal estate to the value of Fifty pounds Any thing in this Act to the contrary notwithstanding And in regard a certain Sect called Quakers and other Sectaries Persons served with Process refusing to take an Oath 14 Car. 2. cap. 1. are found not only to offend in the matters provided against by this Act but also to obstruct the procéeding of Iustice by their obstinate refusal to take Oaths lawfully tendered unto them in the ordinary course of Law Therefore be it further Enacted by the Authority aforesaid That if any person or person being duly and legally served with Process or other Summons to appear in any Court of Record except Courts-Léet as a Witness or returned to serve of any Iury or ordered to be examined upon Interrogatories or being present in Court shall refuse to take any Iudicial Oath legally tendered to him by the Iudge or Iudges of the same Court having no legal Plea to justifie or excuse the refusal of the same Oath or if any person or persons being duly served with Process to answer any Bill exhibited against him or them in any Court of Equity or any Suit in any Court Ecclesiastical shal refuse to answer such Bill or Suit upon his or their Corporal Oath in cases where the Law requires such answer to be put in upon Oath or being summoned to be a Witness in any such Court or ordered to be examined upon Interrogatories shall for any cause or reason not allowed by Law refuse to take such Oath as in such cases is required by Law That then and in such case the several and respective Courts wherein such refusal shall be made shall be The Penalty and are hereby enabled to Record Enter or Register such refusal which Record or Entry shall be and is hereby made a Conviction of such offence And all and every person and persons so as aforesaid offending shall for every such offence incur the Iudgement and Punishment of Transportation in such manner as is appointed by this Act for other offences Provided always That if any the person or persons aforesaid shall come into such Court How such persons may be acquitted and take his or their Oath in these words I do swear that I do not hold the taking of an Oath to be unlawful nor refuse to take a◠Oath on that account Which Oath the respective Court and Courts aforesaid are hereby authorized and required forthwith to tender administer and register before the Entry of the Conviction aforesaid or shall take such Oath before some Iustice of the Peace who is hereby authorized and required to administer the same to be returned into such Court such Oath so made shall acquit him or them from such punishment Any thing herein to the contrary notwithstanding Provided always That every person convicted as aforesaid in any Courts aforesaid other then His Majesties Court of Kings Bench or before the Iustices of Assize or General Gaol-Delivery shall by Warrant conteining a Certificate of such Conviction under the hand and seal of the respective Iudge or Iudges before whom such Conviction shall be had be sent to some one of His Majesties Gaols in the same County where such Conviction was had there to remain without Bail or Mainprize until the next Assizes or General Gaol-Delivery where if such person so convicted shall refuse to take the Oath aforesaid being tendered unto him by the Iustice or Iustices of Assize or Gaol-Delivery then such Iustice or Iustices shall cause Iudgement of Transportation to be
is thereby much diminished and Merchants discouraged from lading their goods on board English Ships to the decay of Shipping In the preservation whereof the wealth honour and safety of this Nation is so much concerned To which the said Masters are encouraged by a practice used towards them by the Turks and others who after they have taken out the goods as an encouragement to Masters of Ships to yield do not only restore the Ship with such goods as are claimed by the Masters or Sea-men but many times pay unto the Masters all or some part of the Freight which hath many times caused suspition of treachery in the said Masters to the great dishonour of the English Nation For the prevention thereof for the future and for the better encouragement to Merchants as well Foreigners as English to Freight and use English Ships Be it Enacted by the Kings most Excellent Majesty by and with the Advice and Consent of the Lords Spiritual and Temporal and Commons Assembled in Parliament and by Authority of the same English Ships not to be yielded up to Turks or Pyrats That where any Goods or Merchandizes shall be laden on board any English Ship which Ship shall be of the burthen of Two hundred Tuns or upwards and mounted with sixtéen Guns or more if the Master or Commander shall yield up the said Goods to any Turkish Ships or Vessels or to any Pyrats or Sea-Rovers whatsoever without fighting That then and in such case the Master shall upon proof thereof made in the high Court of Admiralty be from thenceforth incapable of taking charge of any English Ship or Vessel as Master or Commander thereof The Penalty And if he shall at any time thereafter presume to take upon him to Command any English Ship or Vessel he shall suffer Imprisonment by warrant from the said Court during the space of six moneths for every offence And in case the persons so taking the said Goods shall release give back or let pass the Ship or shall pay unto the said Master any sum or sums of money or any goods in lieu of money for freight or other reward or gift That in all or any such cases the said goods or money so given or the value thereof as also the Masters part of such Ship her Tackle Apparel and Furniture so released given back or let pass out of which the said goods were taken shall be lyable to repair the persons whose Goods were so delivered or taken by Action in the High Court of Admiralty And in case the Commanders or Masters part of the Ship Tackle Apparel and Furniture together with such money and goods given as aforesaid shall not be sufficient to repair all the damages sustained then the Reparations to be recovered on the Masters or Commanders part of the Ship to be divided pro Rata amongst the persons prosecuting and proving their damages and the persons damaged to have their Action against the Master for the remainder And be it further Enacted by the Authority aforesaid Masters of Ships That no Master of any such English Ship as aforesaid being at Sea and having discovered any Ship to be a Turkish Ship Pyrat or Sea-Rover shall depart out of his Ship upon any pretence whatsoever lest by his detention on board any such Ship the safety of his own Ship be hazarded And be it further Enacted That if the Master of any English Ship or Vessel though not of the Burthen of Two hundred Tuns or mounted with Sixtéen Guns as aforesaid shall yield his said Ship unto any Turkish Ship Pyrat or Sea-Rover not having at the least double his number of Guns without fighting Every such Master shall be liable to all and every the penalties in this Act contained And be it further Enacted by the Authority aforesaid Process out of the Court of Admiralty That upon Process made out of the High Court of Admiralty It shall and may be lawful to and for all Commanders of his Majesties Ships of War or the Commanders of any other English Ships to seize such Ships or Masters so offending according to the said Process in such case to be issued and the same to bring or send in custody into any Ports of His Majesties Dominions there to be procéeded against according to the intent and meaning of this Act. Provided that none be hereby encouraged to violate the Rights oâ— the Ports of any Foreign Prince or State in amity with the Kings Majesty Mariners or inferiour officers declining to fight And be it further Enacted by the Authority aforesaid That if the Mariners or inferiour Officers of any English Ship laden with Goods and Merchandizes as aforesaid shall decline or refuse to fight and defend the Ship when they shall be thereunto commanded by the Master or Commander thereof or shall utter any words to discourage the other Mariners from defending the Ship The Penalty That every Mariner who shall be found guilty of declining or refusing as aforesaid shall lose all his wages due to him together with such goods as he hath in the Ship and suffer Imprisonment not excéeding the space of Six moneths and shall during such time be kept to hard labour for his or their maintenance Provided always That if any Ship shall have béen yielded as aforesaid contrary to the will and endeavour of the Master or Commander by the disobedience of his Mariners testified by their having laid violent hands on him That in such case the Master or Commander shall not be liable to the sentence of Incapacity as aforesaid nor to any Action for the losses sustained by the Merchants unless he shall have received back from the takers thereof his Ship or some recompense gift or reward as aforesaid And be it further Enacted by the Authority aforesaid That every Mariner who shall have laid violent hands on his Commander whereby to hinder him from fighting in defence of his Ship and Goods committed to his trust shall suffer death as a Felon And for the better encouragement to Captains Masters Officers and Sea men to defend their Ships Encouragement to Captains and Sâ—amen to defend their Ships Be it Enacted by the Authority aforesaid That when any English Ship shall have béen defended by fight and brought to her designed Port in which fight any of the Officers or Sea men shall have béen wounded it shall and may be lawful to and for the Iudge of His Majesties High Court of Admiralty or his Surrogate or the Iudge of the Vice-Admiralty within which the Ship shall arrive at her return upon Petition of the Master or Seamen of such Ship so defended as aforesaid to call unto him such and so many as he shall be informed to be Adventurers or Owners of the Ship and Goods so defended and by advice with them to raise and levy upon the respective Owners and Adventurers by Process out of the said Court such sum or sums of money as himself with the
Cardiffe sir Richard Lloyd Knight Arthur Trevor Esquire sir Edward Mansel sir Edward Stradling sir Edward Thomas Baronets sir John Awbry Knight and Baronet sir VVilliam Lewis sir Thomas Lewis sir Richard Basset Knights John Greenuff Evan Seys Sergeant at Law William Basset Doctor of Laws Robert Thomas Miles Button Thomas Lewis William Basset of Bewpre William Herbert of Swansey Edmond Thomas Bussy Mansel Herbert Evans Thomas Matthew Humphrey Windham David Jenkins Gabriel Lewis William Thomas Thomas Stradling Thomas Carne John Van John Gibbs Tho. Thomas David Matthew Lamerock Stradling Thomas Evans Edmond Gammage Richard Loughers VVilliam Herbert of Killy-Bebel John Carne Henry Basset Edward Herbert of Cogan David Evans John Lewellin Merioneth For the County of Merioneth Maurice VVilliams Esquire High Sheriff sir Richard Wynne Baronet sir John Owen sir Richard Lloyd sir John Wynne Knights William Salisbury VVilliam Price William Vaughan of Corseggedal Lewis Lloyd Howel Vaughan Maurice Wynne Vincent Corbet John Pugh John Lloyd Hugh Nanney Robert Wynne Roger Mostin Richard Wynne Griffith Lloyd Lewis Owen William Vaughan of Caithle Iohn Nanney Edmond Meirick Humphrey Hughes Ioh. Vaughan Rowland Vaughan Rich. Anwil Ellis Edwards VVill. Tueir Ioh. Morgans Esq Iohn Owen of Hanwooddowilth Rich. Jones Anthony Poole Griffith-Iohn Lewis Richard Nanney Gent. Henry Wynne Morrice Williams Esquires Evan Lloyd of Rhiwgech Richard Lloyd of Carrog Gentlemen Montgomery For the County of Montgomery sir Iohn Witterong High Sheriff sir Henry Herbert Edward Herbert Andrew Newport Esquires sir Matthew Price sir Richard Corbet Baronets sir Edward Lloyd Knight Iohn Pursell Richard Herbert Richard Owen Robert Layton John Blayney John Pugh Francis Buller Charles Salisbury Edmond Waring John Price of Parke Roger Mostin Matthew Morgan William Penrid junior Thomas Maurice Edward Glyn of Glin Edward Evans of Rhidicorrow John Whitingham David Powel Thomas Juckes John Mathews the elder John Mathews the younger Edward Edwards of Collfrin John Bladwell Tho. Winde Tho. Corbet Robert Lee Tho. Jones Henry Pursell Vincent Peirce VVilliam Eyton Richard Mitton John Kiffin Francis Fitzherbert Edward Price of Glanmahely Robert Griffiths Arthur Wevor William Browne Edward Herbert Esquires Evan Vaughan Llodowick Lewis Iohn Bright of Mellington Meredith Lloyd of Brynellen Iohn Oakley Rowland Oakley Edward Wittingham Samuel Biggs Humphrey Nicholas Iohn Lloyd of Coney Hugh Davyes of Trewilan Ellis Lloyd Iohn Bunner Henry Griffiths of Benthall Morgan Evans Gentlemen Haverford West For the Town and County of Haverford West The Mayor for the time being Sir William Moreton Knight One of His Majesties Serjeants at Law Sir John Stepney Baronet Sir Hugh Owen Knight and Baronet Rowland Laughorne William Philips Richard Walter George Haward Thomas Cozens Esquires VVilliam Williams Henry Bowen Lewis Barron John Williams William Brown Aldermen William Davies Esquire John Barlow John Thomas Matthew Prynn William Williams junior John Lloyd Richard Jones Gabriel Wade Gentlemen Pembrook For the County of Pembrook Sir William Moreton Knight one of His Majesties Sergeants at Law Sir Erasmus Philipps Sir John Stepney Baronets Sir Hugh Owen Sir John Lort Knights and Baronets Sir Harbert Perrott Knight Griffith Dawes Arthur Owen Essex Megrick Rowland Laughorne Hugh Owen Lewis Barlow Hugh Bowen Henry White William Philipps Walter Cuny James Bowen Isaac Lloyd George Haward William Scouerfield William Mordant Thomas Corbert David Morgan James Lloyd George Owen Esquires Thomas Warren Thomas Powell Hugh Laughorne Thomas Owen John Matthias John Laughorne Thomas Wogan John Lort William Owen of Camdog Thomas Lloyd John Thomas Town of Pembrook For the Town of Pembrook The Mayor for the time being Matthew Bowen Richard Browne Gentlemen Town of Tenby For the Town of Tenby The Mayor for the time being Richard Wyat Rice Barrow David Palmer Gentlemen Radnor For the County of Radnor Sir Richard Lloyd Knight Arthur Trevor Esquire Sir Henry Williams Baronet Sir Edward Harley Knight of the Bath Sir Robert Harley Knight George Gwyn Richard Fowler James Price Thomas Corbet Henry Williams Lewis Morgan John Wallcott Thomas Harley Samuel Powell Nicholas Tayler Evan Davies Andrew Philipps Charles Lewis Henry Probert Herbert Weston James Beck One of His Majesties Sergeants at Arms Henry Stedman Griffith Jones Hugh Powell Richard Meredith Thomas Ecleston Robert Cutler Esquires Francis Rickards John Rickards Rowland Higgins Gentlemen The Bailiff of New-Radnor for the time being Marmaduke Bull Gentleman And be it further Enacted and Declared That the several Commissioners aforesaid shall méet together at the most usual and common place of meeting within each of the said Counties How the Commissioners shall meet and divide themselves Cities Boroughs Towns and Places respectively on or before the tenth day of March now next ensuing And the said Commissioners or so many of them as shall be present at the said first General Meeting or the Major part of them are hereby authorized and required to put this present Act in execution according to the best of their Iudgments and Discretions and shall then if they see cause subdivide and distribute themselves so into lesser numbers as two or more of the said Commissioners may be appointed for the service of each Hundred or other Division and as may best conduce to the carrying on of His Majesties service hereby required And for the more effectual performance thereof Be it Enacted and Declared Their power within the several Divisions and Hundreds That the Commissioners at their foresaid first General Meeting or the Major part of them shall agrée and set down in writing who and what number of the said Commissioners shall act in each of the said Divisions or Hundreds To the end that there be no failer in any part of the due execution of the service by this Act required And be it Enacted and Declared by the Authority aforesaid That the Commissioners within the several Divisions or Hundreds or any two or more of them are hereby authorised and required to cause the said several Proportions charged on the respective Divisions and on every Parish and Place therein for the said thrée years Assessment to be equally assessed and taxed And to appoint two or more Assessors in each Parish or Place for the perfecting thereof who are hereby required with all care and diligence to assess the same equally by a Pound-rate upon all Lands Tenements Hereditaments Annuities Rents Parks Warrens Goods Chattels Stock Merchandize Offices other then Iudicial and Military Offices and Offices relating to the Navy under the Command of the Lord High Admiral and Offices within His Majesties Houshold Tolls Profits and all other Estates both Real and Personal within the Limits Circuits and Bounds of their respective Parishes and Places And be it further Enacted by the Authority aforesaid 2064â—8 l. â—6 s. 08 d. the first three moneths payment how to be paid That the sum of Two hundred and six thousand four hundred fifty and eight pounds six shillings eight pence being the first of the said twelve quarterly Payments hereby imposed shall be assessed collected levied
their duty in execution of this Act. And be it further Enacted and Declared by the Authority aforesaid That if any Person or Persons shall wilfully neglect or refuse to perform his or their duty in the due and speedy execution of this present Act the said respective Commissioners or any Three or more of them have hereby Power to impose on such Person or Persons so refusing or neglecting their duties such Fine or Fines as to them shall be thought fit and to cause the same to be levied by Distress and Sale of his and their Goods Provided that no Fine to be imposed by any of the said Commissioners shall for any one Offence exceed the Sum of Twenty pounds And that all Fines that shall be imposed by vertue of this Act shall be paid to the respective Receivers-General and by them to the Receipt of His Majesties Exchequer Collectors and Sub-collectors receiving mony and not paying the same And it is further Enacted and Declared That if any Collector or Sub-collector that shall by vertue of this Act be appointed for the Receipt of any Sum or Sums of Money thereby to be Assessed shall neglect or refuse to pay any Sum or Sums of Money which shall by him be received as aforesaid and not pay the same as in and by this Act is directed and shall detain in his or their hands any money received by them or any of them and not pay the same as by this Act is directed the Commissioners of each County City or Town respectively or any Two or more of them in their respective Divisions are hereby Authorised and Impowred to imprison the Person and seize and secure the Estate both Real and Personal of such Collector or Sub-collector to them respectively belonging or which shall descend or come into the hands or possession of their Heirs Executors or Administrators where-ever the same can be discovered and found And the said Commissioners who shall so seize and secure the Estate of any Collector or Sub-collector shall be and are hereby impowred to appoint a time for the general Meeting of the Commissioners of such County City or Town and there to cause publick notice to be given at the place where such Meeting shall be appointed ten days at least before such General Meeting And the Commissioners present at such General Meeting or the major part of them in case the Moneys detained by Collectors or Sub-collectors be not paid or satisfied as it ought to be according to the Directions of this Act shall and are hereby impowred and required to sell and dispose of all such Estates which shall be for the cause aforesaid seized and secured or any part of them and satisfie and pay such County and Place the Sum that shall be so detained in the hands of such Collector or Sub-collector and return the Overplus deducting necessary Charges to such Collector or Sub-collector their Heirs Executors and Administrators respectively Collectors and Sub-collectors to be called to give an accompt to the Commissoners at the expiration of this Act. And it is hereby further Enacted and Declared That at the expiration of the respective times in this Act prescribed for the full payment of the said quarterly Assessments the several and respective Commissioners or any Two of them within their Division and Hundred shall and are hereby required to call before them the chief Collectors and Sub-collectors within each respective Division and Hundred to examine and assure themselves of the full and whole Payment of the particular Sum and Sums of Money charged upon the said Division Hundred and every Parish and Place therein and of the due Return of the same into the hands of the Receivers-General of the said County City Town and Place respectively And by such Receiver-General to the Receipt of His Majesties Exchequer to the end there may be no failer in the payment of any part of the Assessment by vertue of this Act to be assessed and paid nor any Aâ—rears remain chargeable upon any the said Counties Cities Towns or places respectively And in case of any faileriâ—n the premisses the said Commissioners or any Two of them are hereby to cause the same to be forthwith levied and paid according to the true intent and meaning of this Act. Commissioners concerned in any Controversie to withdraw and not vote And it is hereby Enacted and Declared That in case any Controversie arise concerning the said Assessments or the dividing apportioning or payment thereof which concern any of the Commissioners by this Act appointed that the Commissioners so concerned in the said Controversie shall have no Voice but shall withdraw at the time of the Debate of any such Controversie until it be determined by the rest of the Commissioners No exemption of any priviledged Place or Person Fee-Farm Rents And be it hereby Enacted and Declared That no Priviledged Place or Person Body Politick or Corporate within the Counties Cities and Towns aforesaid shall be exempted from the said Assessments and Taxes and that they and every of them and also all Fée-Farm Rents and all other manner of Rents Payments sums of moneys and Annuities issuing out of any Lands within City or County shall be liable towards the payment of every sum by this Act to be taxed and levied And all the Tenants of every Fée-Farm Rent other Rent sums of money or Annuities aforesaid are hereby directed and authorised to pay them proportionably according to the Rates and Assessments by this Act appointed and directed And all such Tenants shall be hereby saved and kept harmless by authority of this Act from any further payment of such portion of any such Rent Rents Sums or Annuities either to the Exchequer or to any other person or persons to whom any such Rent Rents Sums of Moneys or Annuities as aforesaid should or ought to be paid to all intents or purposes whatsoever as fully and as amply as if they had paid the same into the Exchequer or to any person or persons to whom the same is reserved or become due Provided Proviso for Colledges and Halls in the Vniversities Windsor Eaton Winton Westminster Hospitals c. That nothing contained in this Act shall be extended to charge any Colledge or Hall in either of the Vniversities or the Colledges of VVindsor Eaton VVinton or VVestminster or any Hospitals for or in respect of the Scites of the said Colledges or Halls or Hospitals nor any Master Fellow or Schollar of any such Colledge or Hall or in any other Free-Schooles or any Reader Officer or Minister of the said Vniversities Colledges or Schooles or of any Hospitals or Alms-houses for or in respect of any stipend wages or profit whatsoever arising or growing due to them in respect of the said several Places and Imployments in the said Vniversities Colledges Schooles Hospitals or Alms-houses nor to Charge any of the Houses or Lands belonging to Christ's Hospital Saint Bartholomewes Bridewell Saint Thomas and Bethlehem Hospital
in the City of London and Burrough of Southwark or any of them for or in respect of any Rents or Revenues payable to the said Hospitals being to be received and disbursed for the immediate use and relief of the Poor in the said Hospitals Provided That no Tenants that hold or enjoy any Lands or Houses by Lease Tenants to be assessed for the over value of their Lands or any other Grant from any of the said Hospitals do claim and enjoy any freedom exemption or advantage by this Act but that all the Houses and Lands which they so hold shall be rated and assessed for so much as they are yearly worth over and above the Rents reserved and payable to the said Hospitals Provided also London That where any Person inhabiting within the City of London hath his dwelling house in one of the Parishes or Wards therein and hath any Goods Wares or Merchandize in one or more of the other Parishes or Wards within the same that then such Person shall be charged taxed and assessed for such his Goods or Merchandize in the Parish or Ward where he dwelleth and not elsewhere in the said City Provided nevertheless That no Clause or Proviso in this Act shall extend to the lessening or abatement of the full sum by this Act appointed to be taxed levied and paid There shall be no abatement of the full sum in this Act. but that the same be fully assessed taxed levied collected and paid in the several and respective Counties Cities and Towns aforesaid in such manner and form and to such uses as herein before mentioned and declared And that the several and respective Commissioners The Commissioners to give accompt to the Lord Treasurer and every of them shall from time to time give a true and perfect accompt of all their doings and procéedings in the execution of this Act to the said Lord Treasurer or to other such Persons as His Maiesty shall appoint Provided alwayes and be it hereby Enacted and Declared Assessing by a pound-rate That in case the way or manner of assessing by a Pound-rate shall prove any way prejudicial or obstructive to the said spéedy bringing in of the Assessment or any part thereof appointed by this Act that then and in all such cases the respective Commissioners or any two of them are hereby authorized to order and direct their respective Assessors who are hereby required to procéed accordingly to assess the respective Sums charged on the respective Counties Cities and Burroughs Towns and places mentioned in this Act according to the most just and usual way of Rates held and practised in such Counties Cities Burroughs Towns and places respectively Any thing in this Act to the contrary thereof contained in any wise notwithstanding Provided always That nothing in this Act contained shall be construed to alter change determine Contracts and Covenants between Landlord and Tenant or make void any Contracts Covenants or Agréements whatsoever between the Landlord and Tenant touching the payment of Taxes or Assessments any thing herein before mentioned to the contrary notwithstanding Provided always and be it further Enacted and Declared by the Authority aforesaid All places and divisions to be rated as formerly That for the avoiding of all obstructions and delays in collecting the sums by this Act to be rated and assessed all Places Constablewicks Divisions and Allotments which have used to be rated and assessed shall pay and be assessed in such County Hundred Rape and Wapentake as the same hath heretofore usually béen assessed in and not elsewhere And be it further Enacted by the Authority aforesaid That if any Action Plaint Suit or Information shall be commenced or prosecuted against any person or persons for what he or they shall do in pursuance or in execution of this Act Persons sued for executing this Act may give the general issue in Evidence such person or persons so sued in any Court whatsoever shall or may plead the General Issue Not Guilty And upon any Issue joyned may give this Act and the special matter in Evidence And if the Plaintiff or Prosecutor shall become Non-suit or forbear further Prosecution or suffer Discontinuance or if a Verdict passe against him the Defendants shall recover their Treble Costs for which they shall have the like Remedy as in any case where Costs by the Law are given to Defendants Treble-Costs Proviso for Salop and Stafford Provided alwayes That nothing in this Act shall extend or he construed to invalidate a Decree lately made in the high Court of Chancery for the quieting of Suits between the Counties of Salop and Stafford and for the setling all future Payments to be imposed on certain Lands in Sheriff-Hales with the County of Salop Sheriff-Hales And for exempting the said Lands from paying hereafter with the County of Stafford But that the said Decrée shall remain in such and no other force as it did before the making of this Act any thing herein to the contrary notwithstanding Provided alwayes and be it Enacted by the Authority aforesaid That all Spiritual Promotions and all Lands Spiritual promotions and lands c. Possessions or Revenues annexed to and all Goods and Chattels growing or renewed upon the same or elsewhere appertaining to the Owners of the said Spiritual Promotions or any of them which are or shall be charged or made contributory by this Act towards the Payments aforesaid during the time therein appointed shall be absolutely freed and discharged from the two last of the four Subsidies granted by the Clergy to His Majesty His Heirs and Successors by an Act made in a former Session of this present Parliament Entituled An Act for confirming of four Subsidies granted by the Clergy 15 Car. 2. cap. 10. Any clause or thing in the said Act to the contrary notwithstanding Head-collectors shall give acquittances without fee. Provided alwayes and be it Enacted by the Authority aforesaid That the several Head-Collectors which shall be appointed according to this Act shall from time to time at every Payment appointed thereby give unto the several Sub-collectors within their respective Precints upon the Payment of the whole Sum due at such times of Payment from their respective Parishes Constablewicks or places within each of their Collections several Acquittances under their Hands without taking any thing for the same And that in like manner at every time of Payment appointed by this Act Receiver-General the Receiver-General of each County shall give unto the several Head-Collectors aforesaid upon the Payment of the whole Sum due for their Hundred or Division respectively at each time of Payment aforesaid several Acquittances under their Hands and Seals without taking any thing for the same which said Acquittances of the Head-collectors shall be a full and perfect Discharge to the Sub-collectors And the said Acquittances of the Receiver-General shall be a sufficient Discharge to the Head-collectors and
paratus est verificare or Hoc paratus est verificare per Recordum or for not alledging Prout patet per Recordum or for that there is no right Venue so as the Cause were tried by a Iury of the proper County or Place where the Action is laid Nor any Iudgment after Verdict Confession by Cognovit Actionem or Relicta verificatione shall be reversed for want of Misericordia or Capiatur or by reason that a Capiatur is entred for a Misericordia or a Misericordia is entred where a Capiatur ought to have been entred Nor for that Ideo concessum est per Curiam is entred for Ideo consideratum est per Curiam nor for that the Increase of Costs after a Verdict in an Action or upon a Nonsuit in Replevin are not entred to be at the request of the party for whom the Iudgement is given nor by reason that the Costs in any Iudgment whatsoever are not entred to be by consent of the Palintiff but that all such Omissions Variances Defects and all other matters of like nature not being against the right of the matter of the suit nor whereby the Issue or Trial are altered shall be amended by the Iustices or other Iudges of the Courts where such Iudgements are or shall be given or whereunto the Record is or shall be removed by Writ of Error Proviso for Appeals Indictments Actions upon penal Laws other then for Customs and Subsidies Provided alwayes and be it further Enacted by the Authority aforesaid That this Act or any thing therein contained shall not extend to any Writ Declaration or suit of Appeal of Felony or Murder nor to any Indictment or Presentment of Felony Murder Treason or other matter nor to any Processe upon any of them nor to any Writ Bill Action or Information upon any penal Statute other then concerning Customes and Subsidies of Tunnage and Poundage Any thing in this Act contained to the contrary thereof in any wise notwithstanding And be it further Enacted by the Authority aforesaid That from and after the Twentieth day of March III. In what cases execution shall not be stayed by Writ of Error but upon Recognizance entred according to ◠Jac. cap. 8. in the Year of our Lord One thousand six hundred sixty and four no Execution shall be stayed in any of the aforesaid Courts by Writ of Error or Supersedeas thereupon after Verdict and Iudgment thereupon in any Action personal whatsoever unless a Recognizance with Condition according to the Statute made in the Third year of the Reign of our late Soveraign Lord King James shall be first acknowledged in the Court where such Iudgement shall be given And further That in Writs of Error to be brought upon any Iudgement after Verdict in any Writ of Dower or in any Action of Ejection◠Firmae no execution shall be thereupon or thereby stayed unless the Plaintiff or Plaintiffs in such Writ of Error shall be bound unto the Plaintiff in such Writ of Dower or Action of Ejectione firmae in such reasonable sum as the Court to which such Writ of Error shall be directed shall think fit with Condition that if the Iudgment shall be affirmed in the said Writ of Error or that the said Writ of Error be discontinued in default of the Plaintiff or Plaintiffs therein or that the said Plaintiff or Plaintiffs be nonsuit in such Writs of Error that then the said Plaintiff or Plaintiffs shall pay such Costs Damages and sum and sums of Money as shall be awarded upon or after such Iudgment affirmed Discontinuance or Nonsuit had And to the end that the same sum and sums and damages may be ascertained Proviso touching judgment in Dower and Ejectione firmae It is further Enacted That the Court wherein such Execution ought to be granted upon such Affirmation Discontinuance or Nonsuit shall issue a Writ to enquire as well of the mean profits as of the damages by any Waste committed after the first Iudgment in Dower or in Ejectione firmae And upon the Return thereof Iudgment shall be given and Execution awarded for such Mesne-profits and damages and also for Costs of Suit Provided That this Act nor any thing therein contained shall not extend to any Writ of Error to be brought by any Executor or Administrator nor unto any Action popular To what actions this Act shall not extend nor unto any other Action which is or hereafter shall be brought upon any Penal Law or Statute except Actions of Debt for not setting forth of Tythes nor to any Indictment Presentment Inquisition Information or Appeal Any thing herein before expressed to the contrary thereof in any wise notwithstanding Provided always That this Act shall continue in force for three years The continuance of this Act. and to the end of the next Session of Parliament after the expiration of the said thrée years and no longer CAP. IX The Chancellour of the Dutchy impowred to grant Commissions for taking Affidavits within the Dutchy-Liberties FOr the greater ease and benefit of the Inhabitants within the County Palatine of Lancaster and other places within several other Counties of this Kingdom within the Survey of the Court of Dutchy-Chamber at VVestminster in the taking of Affidavits in the County to be made use of and read in Causes depending and to be depending within the said Court Be it Enacted by the Kings most Excellent Maiesty by and with the advice and consent of the Lords Spiritual and Temporal and Commons in this present Parliament assembled and by the Authority of the same That the Chancellor of the said Dutchy and County Palatine of Lancaster for the time being shall and may by one or more Commission or Commissions from time to time as need shall require impower what and as many persons as he shall think fit and necessary within the said County Palatine and other Dutchy Liberties to take and receive all and every such Affidavit or Affidavit's as any person or persons shall be willing and desirous to make before any of the persons so impowred in or concerning any cause matter or thing depending or hereafter to be depending in the said Court of Dutchy-Chamber as Masters of Chancery in Extraordinary do use to do which said Affidavits shall be filed in the Office of the Clerk of the Court of the Dutchy and then be read and made use of in the said Court to all intents and purposes as other Affidavits taken in the said Court now are Provided That for the taking of every such Affidavit the person or persons so impowred and taking the same shall for so doing receive only the Sum or Fée of Twelve pence and no more CAP. X. An Act for Repairing the High-ways within the County of Hertford continued WHereas by a late Act of Parliament Intituled An Act for repairing the High-ways within the Counties of Hertford Cambridg and Huntington It was Enacted 15 Car. 2. c. 1. That for the Repairing of
the ancient High-way and Post-road leading from London to York London York Lincolnshire and from London into Lincolnshire there should be a Toll paid at a certain place in every of the said several and respective Counties and for Hertfordshire at Wades-Mill in the said County which said Toll so set is by the said Act to continue the space of eleven years and no longer with this provision That if the Iustices of the Peace at their Quarter Sessions in the respective Counties shall before the expiration of eleven years adjudg the said Repairs to be sufficiently done that from thenceforth it should cease And whereas divers Gentlemen within the County of Hertford have heartily set themselves to take care for the repairing of the said ways within their County And in order thereunto finding that money could not be advanced by the Toll in so speedy a manner as to repair those ruinous ways And that none would lend their money on that Security did upon their own credits borrow thirtéen hundred pounds on Interest to effect the work intended by the said Act which sum accordingly is laid out together with such money as hath procéeded from the Toll before mentioned in the repair of the said High-way by which means they have so amended the said Road lying in that County leading from London to York that they have made the same from a Road impassable to be to the satisfaction of all that travel that way very passable and convenient but by reason of the great sum expended and laid out so borrowed as aforesaid the Toll will not be sufficient to repay the same within the years mentioned in the former Act with Interest for the same and to finish the said work Hertford Cambridg Norfolk New-Market Puckeridge Barley And whereas there is a Road in the said County of Hertford that leads from London to Cambridg and so into Norfolk and likewise to New-Market and so into Suffolk and other parts which goes out of the forementioned Road at the end of the Town of Puckeridge and so leadeth to Barly in the said County of Hertford which is very ruinous and requires as much the help of the Toll in many places as the forementioned Road did May it therefore please Your Majesty that it be Enacted and be it Enacted by the Kings most Excellent Majesty by and with the advice and consent of the Lords Spiritual and Temporal and the Commons in this present Parliament Assembled and by Authority of the same That the Toll aforementioned to be taken at VVades-Mill for the County of Hertford II. The full taken at Wades-Mill continued that by the former Act was to continue for eleven years and no longer shall continue for the said County of Hertford for the space of One and twenty years and no longer the said Term to commence from the time mentioned in the Act before mentioned and the money arising therefrom to be imployed for the payment of the Debt aforesaid with Interest and also for further Repair of the High-way It is further Enacted and Declared by the Authority aforesaid That the persons impowred in the forementioned Act for the repair of the High-ways within the County of Hertford shall have the same power to repair the said High-ways leading from Puckeridge to Barley in the said County For repairing the high-way from Puckeridg to Barley as they have to repair the High-way in the said County leading from London to York And that they shall and may apply such part of the Toll thereunto having an equal care of both High-ways as they in their Iudgments shall find néedful Any thing in the said former Act to the contrary notwithstanding Caxton And whereas by the former recited Act a Toll was erected and set to be taken at the Town of Caxton in the County of Cambridge for and towards the repairing the High-ways in the said County the said Toll doth prove useless and will not answer the end for which the same was intended by reason of the Inconveniency of the place where the same was set Arrington-bridg Be it therefore Enacted by the Authority aforesaid That the said Toll be and is hereby removed from the said Town of Caxton unto Arrington-Bridg or the Town of Arrington as shall séem most convenient by the Iustices of the Peace of the said County at their next Easter General-Quarter-Sessions of the Peace in the County aforesaid And that the same Toll shall be taken and received at Arrington-Bridg or Arrington-Town aforesaid according to the Rates and by the same ways and means as in the former Act was appointed and declared and to be imployed to the uses purposes and intents therein also declared any thing to the contrary in any wise notwithstanding A charge of six pence in the pound for repairing the said high-ways Provided always That all and every person and persons who by Law are chargeable towards the repairing of the said High-ways and Places aforesaid shall still remain so chargeable and pay six pence in the pound yearly according to the true value of their Estate for and towards the repair of the said High-ways during the time of the continuance of this Toll any thing in this Act to the contrary thereof in any wise notwithstanding III. The collector of the toll how to account weekly And be it further Enacted by the Authority aforesaid That the Collector of this Toll shall wéekly account to the Receiver-General for the whole money received by vertue of this or the said former Act And the next Iustice of the Peace for the said County shall hereby have power to give an Oath to the said Collectors for the making of a true and perfect account of the money so received which said account so made shall be returned into the next General-Quarter-Sessions to be held for the said County by the Iustice of Peace before whom such Oath was taken Proviso touching the continuance or determining the said toll Provided also That if at any time before the expiration of the said term of One and twenty years the said High-ways shall be well and sufficiently amended and repaired and so adjudged at the publick Quarter Sessions for the County of Hertford and that such Sum or Sums of money as is already borrowed and laid out or shall be borrowed and laid out for the use aforesaid be repaid with interest for the same That from and after such Adjudication made and repayment of such money so borrowed and laid out as aforesaid the aforesaid Toll in the said County shall cease and determine Proviso for adjudication of the amendment of the said high-ways And be it further Enacted by the Authority aforesaid That in case the Highways within the said County of Hertford shall be sufficiently amended and that the Iustices of the Peace at their Quarter-Sessions shall fail to make an Adjudication thereof That then in such default of the said Iustices of the Peace
it shall and may be lawful to and for the Iustices of Assize for the said County of Hertford to make such Adjudication which being entred with the Clerk of the Assizes shall be estéemed a good Adjudication of the amendment of the said Highways And that then and from thenceforth the said Debt being fully satisfied to such as shall have advanced any moneys thereupon the said Toll shall cease and determine any thing in this Act to the contrary thereof in any wise notwithstanding And whereas in this present Act it is provided That all and every person and persons who by Law are chargeable towards the repairing of the said High-ways and places aforesaid shall still remain so chargeable and pay six pence in the pound yearly according to the true value of their Estates for and towards the repair of the said High-ways during the time of the continuance of the said Toll Be it therefore Provided and Enacted by the Authority aforesaid That the aforesaid sum of six pence in the pound shall be paid unto the Treasurer appointed to receive the aforesaid Toll How the said six pence in the pound shall be paid and â—evied in like manner as the said Toll is appointed to be paid by the aforesaid Act And for default of payment of the said Rate of six pence in the pound in manner as aforesaid by the space of six dayes after demand made That it shall and may be lawful for the Surveyors of the High-ways for the time being and they are hereby impowred to levy the same by Distress and Sale of the Goods of the party refusing to pay the same acccordingly restoring the Overplus if any be to the Owner CAP. XI For Draining of the Fenn called Deeping-Fenn and other Fenns therein mentioned WHereas at a Session of Sewers holden at Bourne in the County of Lincoln the twentieth day of August in the one and fortieth year of the Reign of Quéen Elizabeth for the recovery and Draining of certain Fenns in Holland and Kestiven in the County of Lincoln called or known by the names of Deeping-Fenn Pinchbeck and Spalding South-Fenn Thurlby-Fenn Deeping Pinchbeck Thurlby Bourn and Croyland fens Bourn-South-Fenn and Croyland-Fenn alias Goggushland It was by the Commissioners then and there assembled Ordered and Decréed That the sum of twelve thousand pounds should be levied and gathered upon the Lords and Inhabitants of certain Towns in Kestiven and Holland Commoners in the said Fenns for Draining the same and should be paid in to certain persons therein nominated to receive the same at or before the tenth day of September then next ensuing which said sum being neglected to be paid the said Fens by reason thereof could not be Drained acccording to the Form by the said Law intended The said Commissioners therefore well tendring the great profit that would arise to all persons concerned and to the Commonwealth in general if the same might be Drained at several Sessions of Sewers held at Market-Deeping the twentieth day of September in the said one and fortieth year of Quéen Elizabeth and at Market-Dâ—â—ping aforesaid the twentieth day of August in the two and fortieth year of the Reign of the said Quéen did Ordain and Decrée That the said Fens and Marsh-Grounds should be forthwith taken in hand to be Drained and that Thomas Lovell Esquire a man skilful in works of that nature should be admitted to undertake the same under the Covenants therein mentioned And in pursuance thereof the said Thomas Lovell did undertake the said Works and made some progress therein and afterwards one third part of the said several Fens were by the said Commissioners of Sewers set out by Metes and Bounds and allotted to the said Thomas Lovell in recompence of his costs charges and endeavours applied and expended therein And after A third part assigned and set out to Thomas Lovel the said third part was by the said Commissioners of Sewers decréed to the said Thomas Lovell and his heirs in recompense of his said work of Draining and of his charges and expences therein to have and to hold to the said Thomas Lovell his heirs and assigns for ever And whereas by an Act of Parliament made at Westminster in the first year of King James Intituled An Act for relief of Thomas Lovell Esquire the above recited Decrées of Sewers were Ratified and Confirmed And the said third part of the said Fens and Marsh-grounds as they were allotted and set out by the said Commissioners were by the said Act Ordained Enacted and Established to be held by the said Thomas Lovel his Heirs and Assigns for ever under the Provisoes Conditions and Appointments in the said Decrées and Act of Parliament mentioned and expressed as by the said Act of Parliament and Decrées of Sewers more fully may appear And whereas the said Thomas Lovel immediately after the making the said Act of Parliament entred into the said Lands set out and assigned as a third part of the said several Fens and by vertue of the said Decrées and Act of Parliament became seised thereof and he and his heirs and Assigns have ever since till of late years held and enjoyed the same untill by some neglect in the Assigns of the said Thomas Lovel and failer in the Maintaining Scowring and Cleansing the said Banks Rivers Sewers and other Works necessary thereunto occasioned by some differences arising betwéen the said Assigns of the said Thomas Lovel and the Lords Owners and Commoners of the said Fens about the enjoyment of some additional recompence allotted to the said Assigns of the said Thomas Lovel by a subsequent Law of Sewers made at Spalding not onely the said Fens and Marsh-grounds are returned into their antient condition of being hurtfully surrounded and annoyed with waters but a great and considerable part of some adjacent Towns of Holland have béen overflowed and laid desolate and many habitations and families who formerly lived comfortably there utterly ruined and destroyed thereby and yet continue in manifest danger in all seasons of wet weather and flouds to fall into the said calamities which great mischief is by long and indubitable experience found to arise principally from several imperfections in the said Decrées and Acts of Parliament To the end therefore that the said Countrey being in its own nature very rich and fertile and wherein the King and Quéens Majesty his Mother have large Possessions and many ancient Families and Inhabitants their whole subsistence may not longer remain in such manifest danger of being utterly lost nor the Commonwealth continue longer deprived of those advantages which would arise from the performance of the said Works Be it Enacted by the Kings most Excellent Maiesty by and with the consent of the Lords Spiritual and Temporal and Commons in this present Parliament assembled and by the Authority of the same That the said Decrées and Act of Parliament above mentioned and every Clause Article and Thing therein contained A certain Act and decrees
High Bridge over Spalding River be not finished before the five and twentieth of March One thousand six hundred and seventy That then the said Trustées Spalding-brid◠their heirs and assigns or the survivor of them shall forfeit the full and just sum of one hundred and fifty pounds to Peircy Church Esquire his Executors or Assigns which shall and may be raised by the Commissioners of Sewers for the time being at the publick Sessions by sale of part of the said third part of the said Fens or of the said thrée thousand five hundred Acres therein mentioned and be by them accordingly paid over to the said Peircy Church his Executors or Assigns and the person and persons and their heirs to whom such sale shall be made shall and may for ever then after hold and enjoy the same by vertue of such sale and of this present Act any thing herein to the contrary notwithstanding And be it further Enacted by the Authority aforesaid That for the better preservation of the said Banks environing the said Fens or made within the said Fens for the defence of the same Preservation of the Banks it shall and may be lawful to and for the said Trustées their heirs and assigns or the survivor of them to cut the ground lying betwéen the outring-Banks and the said Rivers or either of them to take earth manure and litter for repairing the said Banks so often as néed shall require or to them shall séem méet and convenient so that such cutting be not extended or made above six score foot distant from the said Banks and to erect make and kéep such and so many sufficient Bars and Slakers and in such places as shall séem most fit and convenient to the said Trustées their heirs and assigns or the survivor of them The Slakers to take off the surplusage of Waters and the Bars to hinder the passage of Horsmen and drifts of Cattel over the same Banks in the times hereafter prohibited And to the end that the Banks should not be impaired by horsemen drifts of shéep horses beasts and other Cattel It is hereby Enacted by the Authority aforesaid That no person or persons whatsoever except as hereafter is excepted shall at any time or times hereafter in any year betwéen Michaelmas-day and the first day of May drive or cause to be driven any Horses Oxen Shéep or any other kind of Cattel over or upon any of the said Banks without first paying to them the said Trustées their heirs and assigns or the survivor of them after the rate of four pence for every score of Shéep and for every other Beast the sum of four pence which they their heirs and assigns are hereby authorized to demand and receive Provided nevertheless and be it Enacted That all and every the Lords Proviso for owners and commoners Owners and Commoners of or in all or any part of the said Fens shall have frée liberty at all times of the year for them their Horses Servants and Cattel to pass and repass upon any Bank or Banks Drove or Droves in or compassing the said Fens without paying any thing for so doing if such person or persons claiming such fréedom do not usually buy Shéep or Cattel and trade that way to London with such Cattel or Shéep as are not of their own féeding for a Moneth before And be it Enacted by the Authority aforesaid Horsemen and cattel landing upon the banks That no person or persons whatsoever kéeping a Horse-boat either at Croyland Cloote Deeping Baston Eastcoate Pinchbeck Spalding or Cowbet shall land any horsemen with their horses or cattel upon any the said Banks at any time hereafter betwéen Michaelmas day and the first day of May but at Waldrome-Hall Baston Spoute Dovehurne Cloote or Croyland without licence first thereunto had and obtained from the said Trustées their heirs and assigns or the survivor of them upon pain and forfeiture to be made and paid for every horse and neat beast six pence and for every score of shéep four pence to the said Trustées their heirs and assigns or the survivor of them And that no manner of person or persons shall draw any Boat on or over any the Banks in or compassing the said Fens but in such places only as are or shall be appointed for that purpose And it is further Enacted by the Authority aforesaid That no Swine of what sort soever Swine ringed or unringed be put upon the said Fens or any of them betwéen the said Banks and the Wearditches but that they shall be put into the Fens at usual places where other Cattel are put in And that the Swine so put shall be ringed upon pain of every Hog so found unringed to forfeit to them the said Trustées their heirs or assigns or the survivor of them the sum of two pence for every time so found to be levied by distress and impounding of such Hog or Hogs And it is further Enacted by the Authority aforesaid That the said Trustées their heirs and assigns or the survivor of them their or any of their Tenants Farmers or Ground-holders of any part of the said third part or of the said Fen or of the said five thousand Acres shall not have any time hereafter use or claim any Common of Pasture or other Commonage of Pasturing in any part of the remainder of the said Fens nor any of them nor in the North Fen of Pinchbeck and Spalding Poor Inhabitants nor any part thereof by vertue or pretence of his or their residence there But all and every the Inhabitants that may hereafter be upon any part of the said third part or upon any part of the said five thousand Acres and are not able to maintain themselves shall be maintained and kept by the said Trustées their heirs and assigns and the survivor of them and never become chargeable in any kind to all or any the respective Parishes wherein such Inhabitant or Inhabitants shall reside or dwell any Statute or Law to the contrary hereof in any wise notwithstanding And be it further Enacted by the Authority aforesaid That no water shall be let or taken out of the Rivers of Gleane or Welland Water shall not be set out of the rivers of Glean and Welland or any other the said Dreyn or Dreyns by any Sluce Cut or Tunnel without the licence of the said Trustées their heirs or assigns or the survivor of them or by Order of six Commissioners of Sewers who likewise are to take order that such Cut or Cuts made for the taking thereof shall be made up again at the charge of the person or persons for whose benefit the same were made but for necessary houshold uses by such as now lye by some Law of Sewers already setled And in case any abuse of the said Tunnels happen to be that then the said Trustées their heirs or assigns or the survivor of them their servants or agents shall have power
excepted but shall wilfully and negligently suffer the said Fens and Wastes or the most part of the same to be again drowned and overflowed by the space of five years at any time after the expiration of the said seven years and the same be found and adjudged hurtfully surrounded in default of the said Trustées their heirs and assigns or the survivor of them contrary to this Act by twelve Commissioners of Sewers or the greater number of them whereof six to be of the parts of Holland and six of Kestiven of which twelve Commissioners thrée of either of the said parts to be of the Quorum upon their view or inquisition or presentment of Iury that the same hath so long continued drowned and that Iudgment be certified of Record into the High Court of Chancery under their hands and seals or the greater number of them That then and from thenceforth the trust of the said Trustées their heirs and assigns or the survivor of them of in and to the said third part and the said other parts and proportions added and allotted for a further recompence as aforesaid for the said Earl and Countess of Berkshire Lord Howard of Charlton Lord Bruce Countess of Stamford Lord Grey and other persons in remainder as aforesaid and all and every estate and estates whatsoever by them granted conveyed or in any manner executed of all or any the said third part or other proportions added and allotted for further recompence to any person or persons whomsoever in execution pursuance or discharge of their said trust or otherwise shall cease determine and be utterly void to all intents and purposes whatsoever and not to be helped altered or relieved in any Court or by any course of Law or Equity and that then and from thenceforth the said Trustées their heirs and assigns or the survivor of them shall stand and be seised of all the said third part and the additional allotments in trust to permit and suffer the said Commissioners of Sewers of Kestiven and Holland to take perceive and receive the whole Rents Issues and profits to the end the same may be laid out and expended for the regaining of the said Fens and to defray the charge which the Country shall or may be put unto to preserve themselves and their other Lands from being surrounded or damnified by the said waters in default of maintaining of the said Banks and doing other the said works which ought to have béen made and repaired by the said Trustées their heirs and assigns or the survivor of them And upon further trust likewise That the said Trustees their heirs and assigns or the survivor of them shall and will from time to time and at all times make and execute such estate and estates as twelve Commissioners of Sewers of the parts of Holland and Kestiven whereof thrée of each part to be of the Quorum shall by writing under their hands and seals direct and appoint And be it Enacted and declared That all such estate and estates so by them made shall be and be and be deemed and taken to be good and effectual in Law to all intents and purposes as if the same were in this present Act particularly and by proper names mentioned and expressed And be it further Enacted by the Authority aforesaid That if the said Trustées their heirs or assigns or the survivor of them shall not or do not at or before the said term of seven years well and truly pay or cause to be paid the full and just sum of one hundred pounds of lawful money of England into the hands of such person or persons as the said Commissioners of Sewers in their publick Sessions from time to time shall appoint to receive the same That then and in such case it shall and may be lawful to and for the said Commissioners of Sewers by an Order in writing under their hands and seals to Authorize such person or persons as they shall think fit to enter into any the said Lands part of the said third part allotted to the said Thomas Lovel out of any the Fens by him formerly undertaken to be Dreyned and the said Additional Lands and out of the Rents Issues and profits thereof to raise the same sum of one hundred pounds to the end the same shall and may be by them imployed and laid out South-Dozens and Hawthorn bank in and about the necessary maintenance and reparation of the Banks above mentioned called the South Dozens and Hawthorne Bank and so from time to time and at all times as the said one hundred pounds or any part thereof shall be as abovesaid expended in and about the said Banks as aforesaid if the same be not again supplied by the said Trustees their heirs or assigns or the survivor of them within six moneths then next following then it shall be in the power of the said Commissioners of Sewers out of the Rents Issues and profits aforesaid to raise the same or so much thereof as shall not be supplyed as abovesaid from time to time and at all times as occasion shall require How meetings and by-laws may be made for management of the dreyning Provided always and be it Enacted by the Authority aforesaid That it shall and may be lawful to and for such person and persons their heirs and assigns or any three or more of them to whom the said Trustees their heirs or assigns or the survivor of them shall make or execute any estate or estates of the said ten thousand thirty six Acres before mentioned or any part thereof as Adventurers under the said Trustees their heirs or assigns or the survivor of them in Dreyning the said Fens at all times and from time to time from and immediately after execution of the said estate and estates to summon call and hold meetings of themselves their Agents and Workmen at such place and places by warrant under three or more of their hands and seals or under the hand and seal of their common Clerk for the time being for the making altering or confirming and with power and authority hereby granted unto them their heirs executors administrators and assigns for making and to make By-laws for the better Government and more orderly management of the said work of Dreyning the said Fens within themselves respectively And also be it further Enacted by the Authority aforesaid That at all and every meeting and meetings as aforesaid to be held It shall and may be lawful and they are hereby thereunto impowred for any three or more of the said Vndertakers their heirs executors administrators and assigns By whom rates and taxes may be made for the saâ—d work to assess rate tax and charge all and every the respective Owner or Owners their heirs executors administrators and assigns and every of them of all and every the said ten thousand and thirty six Acres aforesaid by an equal and proportionable Acre-tar with any sum or sums of money as they shall
Road safety and preservation of Ships that may resort thither as well in peril of Storms as otherwise to lade or unlade their Goods and to alter repair and amend the same or any part of it from time to time as oft as néed shall require And to the end that the making the said River Navigable and passable for Barges Boats Lighters and other Vessels and the erecting and making the said Haven Channels Sasses Locks Wears Turnpikes Penns for Water Wharfs Bridges Ways and Passages as aforesaid or other things may not be any way prejudicial to the Inheritance Possession or profit of any person or persons Bodies Politick or Corporate whatsoever that have any Lands Tenements Wears or Hereditaments adjoyning unto the said River or Streams Brooks new Chanels and Passages as aforesaid or any of them or through which the same shall be made or cut as aforesaid Satisfaction to parties endamaged in any of their lands Be it therefore Enacted by the Authority aforesaid That the said Vndertakers before they do meddle with the Lands Inheritance Possession or Profit of any person or persons Bodies Politick or Corporate shall first agrée with such persons Bodyes Politick or Corporate for the loss or damage that any of them shall or may any way receive by the making or altering the said Haven Channels Wharfs Sasses Locks Wears and Passages or procure some Order therein to be made by the Commissioners to be Assigned for that purpose as hereafter in this present Act is expressed And for the better effecting of the premisses and the due rating of the value of the things to be compounded for by the true intent of this Statute if the Parties shall not agrée Be it Enacted by the Authority aforesaid Commissioners for compounding with persons so damnifide That at the request and charges of the said Vndertakers One or more Commission or Commissions under the Great Seal of England shall be granted to Edward Earl of Clarendon Lord Chancellor of England Thomas Earl of Southampton Lord High Treasurer of England Philip Earl of Pembroke and Mountgomery William Lord Herbert of Cardiffe Henry Lord Viscount Cornbury George Lord Bishop of Winchester and the Bishop of Winchester for the time being John Lord Bishop of Sarum and the Bishop of Sarum for the time being William Lord Sands Robert Lord Brook Anthony Lord Ashly Chancellor of the Exchequer Sir Edward Nicholas Knight One of His Majesties most Honourable Privy-Council Sir Robert Hyde Knight Lord Chief Iustice of the Kings Bench Sir Wadham Windham Knight one of the Iustices of the Kings Bench Sir George Grubham How Baronet Sir Joseph Ash Baronet Sir John Nicholas Knight of the Bath sir John Low Knight sir Robert Mason Knight sir Thomas Mompesson Knight sir John Clobery Knight Stephen Fox Esquire Clerk of the Gréen-Cloth and one of the Citizens for the City of New-Sarum John Joyce Mayor of the City of New-Sarum and the Mayor of the City for the time being Richard Coleman Esquire Recorder of the City of New-Sarum and the Recorder of the same City for the time being Francis Roll Esquire High Sheriff of the County of Southampton Lawrence Hyde Esquire Humphrey VVeld Esquire Edward Hyde of Hatch Esquire Richard How Esquire John Holt the elder of the Close of the City of New-Sarum Esquire George Vennerd of the City of New-Sarum Esquire Edward Manning Esquire Richard Compton Esquire Thomas Knowles Esquire Philip Lee Esq Walter Bockland Esq VVilliam Swanton Esq Roger Gallop Esq Edward Hooper of Huncourt Esq Will. Tulse Esq John Hobby Esq Henry Tulse Esquire Henry VVhitehead Esq The Mayor of VVilton for the time being and the Mayor of Christ-Church for the time being Samuel Percival Esquire VVilliam Lisle Esquire and Philip Percival Gentleman The power of the said Commissioners Which said Commissioners or any seven or more of them not being Parties concerned shall have full power and Authority and are hereby impowred and Authorized by examination of witnesses upon Oath which Oath they or any seven or more of them have hereby power to administer or by any other lawful ways or means to examine here and determine all and all manner of Controversies Debates and Questions which shall happen and arise betwéen any persons whatsoever touching or concerning any matter or thing relating to the aforesaid Premisses or any part thereof And to appoint determine and decree what and how much satisfaction every such person or persons Body politick or Corporate shall have for or in respect of the loss to be by him her or them sustained notice being first given of their Méeting by Papers publickly affixed to the Church-doors or set up in the Market-places of the City of New-Sarum and the Towns of Christ-Church and Ringwood Ten days at the least before their Méeting declaring the time and place of their Meeting And also notice in writing being first left at the Dwelling-house of every Party concerned or at their usual place of abode or with some Tenant or Occupier of some House Land or Tenement of such party within fiftéen Miles of the said River Which said Determination Sentence and Decrée set down declared and pronounced by the said Commissioners or any seven or more of them and the Price and Recompence by them limited shall bind all Parties therein concerned in Possession Reversion or Remainder or otherwise and as well Infants Feme Coverts as others and their Heirs in Fée-Simple or in Tail and their Executors Administrators and Assigns and all claiming by from or under him her or them or any of them which Order Sentence and Decrée shall be set down in writing under the Hands and Seals of the said Commissioners or any seven or more of them within six wéeks after the first Resort to them for that cause according to this Act the same to be kept among the Records of the Sessions of the Peace for the City of New-Sarum by the Clerk of the Peace for the time being of the said City Transcripts whereof shall be delivered to the several Clerks of the Peace of the respective Counties of VVilts and Southampton to be by them kept upon Record amongst the Records of the Sessions of the said respective Counties All which shall be taken adjudged and déemed good and sufficient Evidence and proof in any Court of Record whatsoever And that upon payment of such sum or sums so ordered or agréed upon to the said persons concerned or tender thereof made at his or their Dwelling-house or the house of his or their Tenant of some Tenement house or Land of theirs within fiftéen miles of the said River and if they have no such Dwelling-house Land or Tenement or if upon such tender at their said Dwelling-house or the House Land or Tenement of such Tenant as aforesaid they refuse or are not ready to receive the same That upon payment of the said sum to the Mayor and Commonalty of the City of New-Sarum in the Council-Chamber of the said City
for the use of such persons It shall then and not before be lawful to and for the said Vndertakers and their Work-men and Servants to dig and make or cause to be digged and made the said Haven Channels Wharfs Sasses Locks and Passages or do any such other Act for which any such Agréement or Order shall be made as aforesaid And be it further Enacted That when any of the said Commissioners shall happen to dye How Commissioners dying or renouncing may be supplyd or become unfit for or renounce the Service That then and so often it shall be lawful to and for the said Lord Chancellor or Lord Keeper of the Great Seal of England for the time being from time to time to supply appoint and authorize One or so many Commissioners of the Counties of VVilts Southampton or Dorset of the Nobility or Knights and principal Gentlemen of the said Countries dwelling or having Estates within fifteen miles of the said River as shall make and fill up the before mentioned number of Commissioners which said Commissioners so supplyed appointed and authorized as aforesaid not excéeding the number before mentioned nor being under the number of One and thirty or any seven or more of them shall from thenceforth have like Power and Authority in all things as those Commissioners which are expresly named in this Act And that the Commissioners and such as from time to time for the future shall be supplyed as aforesaid or any seven or more of them have like Power and Authority to Survey the said Haven and River and all Wharfs Sasses Locks Wears Turnpikes Penns for water and all Ditches Sewers and Streams running into the said River and the Mills Mill-damms Floodgates Walls Banks and Bridges now made or hereafter to be made and built upon the same and all Impediments Decays Loss and Annoyances in the same and make like Process to inquire thereof and to set such Fines Penalties and to make such Orders and Decrées for altering amending or removing the same as any Commissioners of Sewers by any Law Statute or Commission of Sewers are enabled to do in other Rivers and Places Any Law or Statute to the contrary notwithstanding And be it further Enacted by the Authority aforesaid That the said Vndertakers authorized as aforesaid for the making the said Haven and Passages from time to time shall have full power and authority by and with the consent of the said Commissioners or any seven or more of them to make Orders and Constitutions for the good and orderly usage of the said Haven and Passages and for all Wharfs The power to make orders and constitutions Sasses Locks Wears and Turn-pikes and for all Ships and Vessels Barges Lighters Boats Boat-men Passengers Carriages and Rates for Carriages by or through the said Haven or Passages and all things concerning the same and to set lay and execute such reasonable Pains and Punishments upon the Breakers thereof To impose penalties upon the breakers as to them in discretion shall séem méet and reasonable which said Orders and Constitutions being put in Writing under the Hands and Seals of the said Vndertakers and being allowed by the said Commissioners or any Seven or more of them under their several Hands and Seals and by the Iustices of Assize of the said several Counties of VVilts and Southampton which shall be at the time of the Signing Sealing and Publishing of the said Orders as aforesaid shall be binding to all persons whatsoever any Law or Vsage to the contrary notwithstanding The said Orders and Constitutions to be kept amongst the Records of the Sessions of the Peace for the City of New-Sarum by the Clerk of the Peace for the time being of the said City Transcripts whereof shall be delivered to the several Clerks of the Peace of the respective Counties of Wilts and Southampton to be by them kept upon Record amongst the Records of the Sessions of the said respective Counties All which shall be taken adjudged and déemed good and sufficient Evidence and proof in any Court of Record whatsoever Nevertheless the Iustices of Assize for the Counties of Wilts and Southampton Persons grieved may appeal to the Iustices of Assise upon complaint to them made by any persons grieved with the said Taxations Assessments Charges Orders Constitutions Pains and Penalties or any of them shall and may abridge moderate alter or reform the same as they shall find just cause such Orders to be under the Hands and Seals of the said Iustices and to be kept among the Records of the Sessions as aforesaid And the respective Commissioners and Iudges of Assize as aforesaid are from time to time to take special care in the manner of the laying and assessing of the said Rates and ordering and disposing of the said Haven Passages and Wharf that all opportunity for the Vndertakers or any other to engross the Commodities of the said Countrey or impose upon the Markets may be prevented The Vndertakers to have the Taxes upon Carts Carriages c. And be it Enacted by the Authority aforesaid That the said Vndertakers authorized as aforesaid for the making the said Haven and Passages respectively and their several and respective Heirs and Assigns for ever having first given satisfaction as aforesaid shall have hold peaceably and quietly receive demand take and enjoy all and every the said Rates Profits and Advantages whatsoever which shall or may from time to time and at all times hereafter be made arise grow or become due or payable for the Carriages of Wood Coals Corn Salt or any other Merchandises Commodities or Carriages whatsoever by any Ship or Vessel Barge Boat Lighter or otherwise up or down the said Haven River new Channels or the said Sasses Locks Wears Turn-pikes Penns for water Cranes Wharfs or any of them and also shall have and receive as aforesaid all Penalties imposed by the said Orders as aforesaid and in case of Refusal or Denial of Payment Penalties and how to recover the same shall and may sue for the same by Action of Debt in any Court of Record in which Action no Wager of Law Essoign or Protection shall be allowed or may distrain or make stoppage of the said Goods or Vessels till they shall be satisfied for the same And that all Fines and Amerciaments which shall be imposed as aforesaid for any Annoyances and Offences which shall be at any time hereafter committed to the hurt or prejudice of the said River or any thing thereunto appertaining shall be to the only use benefit and behoof of the said respective Vndertakers their several and respective Heirs Successors and Assigns for ever And for that the Barges Boats Lighters or other Vessels must of necessity in some places and at some times be haled up by strength of Men Horses Winches Engines or other means in that behalf convenient Drawing and haling of Barges c. upon the Banks Be it therefore Enacted by Authority of this
have a Mayor and Aldermen and particular Iustices of the Peace by Charter or Commission or Bayliff or Bayliffs or other Chief Officer or Officers and other Assistants by like Charter and where two or more Churches or Chappels or a Church a Chappel the Parishes thereunto belonging do lie within the said Corporation or Liberties thereof convenient to be united In such cases the Bishop of the Diocese where such Parish and Parishes are with the consent of the Mayor Aldermen and Iustices of the Peace Bayliff or Bayliffs or other Chief Officer or Officers or the major part of them and of the Patron or Patrons of such Church or Churches Chappel or Chappels shall or may according to due form of Law unite the said Churches or Chappels or Church and Chappel or any of them and shall appoint at which Church or Chappel Churches or Chappels the said Parishioners and Inhabitants of the said Parishes or places to which the said Churches or Chappels or Church and Chappel do belong shall usually méet for the worship of God and which of the said Churches or Chappels or Church or Chappel shall be united and annexed unto the other which shall be the Church Presentative unto which all Presentations shall thereafter be only made unto which the Parishioners shal resort as their proper Church And after such Order made the said Churches or Chappels or Church and Chappel shall accordingly for ever stand united And the Parishioners Landholders and Inhabitants of the said Parishes and places belonging to such Churches or Chappels or Church and Chappel so united and annexed shall as they or any of them become void and from thenceforward pay all such Tythes and other Duties as belong or did belong to the Incumbent of any of the said Churches or Chappels or Church and Chappel so united and annexed unto the Incumbent of the said Presentative Church or Chappel unto which the said other Churches or Chappels or Church or Chappel shall be so united and annexed Parishes shall remain distinct notwithstanding such Vnion of Churches And it is hereby also Enacted That notwithstanding any such Vnion to be made by vertue hereof each of the Parishes so united shall continue distinct as to all Rates Taxes Parochial Rites Charges and Duties and all other Priviledges Liberties and respects whatsoever other then what is herein before mentioned and specified And Churchwardens shall be elected and appointed for each Parish as they were before such union made How and when such Vniting shall take effect And it is further Enacted and Provided That where one or more of the said Churches or Chappels or Church and Chappel so united and annexed shall be full at the time of making such Vnion That then the said Vnion shall take effect for every such Church or Chappel And how severall Patrons shall present upon the first Avoidance after such Vnion made And that the several Patrons of the said Churches and Chappels so Vnited shall and may present by turns to that Church onely which shall remain and be presentative from time to time in such order as the said Bishop with the consent of the said Mayor Aldermen and Iustices of Peace Bayliff or Bayliffs or other chief Officer or Officers within such Parishes or the major part of them and of the Patron or Patrons of such Church or Churches Chappel or Chappels shall determine and decrée for the preservation of their respective Rights therein respect being therein had to the difference of the values of the yearly Maintenance belonging to such Churches or Chappels or any of them Saving unto the Kings Majesty His Heirs and Successors all the Tenths and First-Fruits of all such Churches and Chappels so to be Vnited according to the rates and valuations at which the said Churches and Chappels are Rated and Valued in the Office of First-Fruits and Tenths in His Majesties Court of Exchequer And also reserving all Procurations and Pensions to all persons to whom they are now and have béen formerly or shal be hereafter due and payable Any thing herein contained notwithstanding How Vnions must be registred Provided always That no Vnion of Parishes or places to be made by vertue of this Act shall commence or be effectual in Law until it be Registred in the Register Book of the Bishop of the Diocese which the Register is hereby required to do Parishes having 10 l. maintenance may not be Vnited Provided always That no Vnion made by vertue hereof shall be good and effectual where the setled Maintenance belonging to the Parsons Vicars and Incumbents of the Church or Chappel or Churches or Chappels so Vnited shall excéed the sum of One hundred pounds per annum cléer and above all Charges and Reprises unless the respective Parishioners or the major part of them under their hands desire otherwise Incumbents oâ— sâ—ch Vnited Pâ—â— shes must be graduates of the Vniversity Provided always And be it Enacted That every Minister setled as aforesaid the Incumbent of any Church or Chappel or Churches or Chappels united according to this Act shall be the full and lawful Incumbent thereof to all intents and purposes so as such Minister be a Graduate in one of the Vniversities of this Kingdom Owners of Impropriations may bestow and annex mâ—intenance to the Churches where they lie And be it further Enacted by the Authority aforesaid That every Owner or Proprietor Owners or Proprietors of any Impropriation Tythes or Portion of Tythes in any Parish or Chappelry within the Kingdom of England or Dominion of Wales is are and shall be by vertue of this Act inabled and impowred to give or bestow unite and annex the same or any part thereof unto the Parsonage or Vicarage of the said Parish Church or Chappel where the same do lie or arise or settle the same in Trust for the benefit of the said Parsonage or Vicarage or of the Curate and Curates there successively where the Parsonage is Impropriate and no Vicar indowed according to his or their respective Estates Without license of Mortmain without any License of Mortmain Any Law or Statute to the contrary notwithstanding Parsons and Vicars not having setled means of 100 l. per annum may purchase and annex lands or rents without license in Mortmain And be it further Enacted That if the setled Maintenance of such Parsonage Vicarages Churches and Chappels so united or of any other Parsonage or Vicarage with Cure in the Kingdom of England or Dominion of Wales shall not amount to the full sum of One hundred pounds per annum cléer and above all charges and reprises That then it shall be lawful for the Parson Vicar and Incumbent of the same and his successors to take receive and purchase to him and his successors Lands Tenements Rents Tythes or other Hereditaments without any License of Mortmain Any Law or Statute to the contrary notwithstanding CAP. IV. A Former Act for Regulating the Press
pounds eight shillings six pence half-peny The County of Dorset the sum of Two thousand thrée hundred sixty and two pounds two pence half-peny The Town and County of Pool the sum of Ninetéen pounds five shillings eleven pence farthing The County of Durham the sum of Five hundred sixty and eight pounds eightéen shillings two pence farthing The County of York with the City and County of the City of York and Town of Kingstone upon Hull the sum of Six thousand ninety and four pounds thirtéen shillings nine pence thrée farthings The County of Essex the sum of Five thousand four hundred forty and thrée pounds four shillings eleven pence thrée farthings The County of Gloucester the sum of Thrée thousand one hundred seventy and seven pounds two shilings nine pence farthing The City and County of the City of Gloucester the sum of Sixty and nine pounds four shillings thrée pence farthing The County of Hereford the sum of One thousand nine hundred eighty and eight pounds one shilling five pence thrée farthings The County of Hertford the sum of Two thousand thrée hundred sixty and four pounds five shillings and eight pence half-peny The County of Huntington the sum of One thousand one hundred and thirtéen pounds five shillings and six pence The County of Kent with the City and County of the City of Canterbury the sum of Five thousand eight hundred forty and four pounds thirtéen shillings two pence half-peny The County of Lancaster the sum of One thousand seven hundred sixty and eight pounds nine shillings and ten pence half-peny The County of Leicester the sum of One thousand nine hundred and five pounds eleven shillings and nine pence thrée farthings The County of Lincoln with the City and County of the City of Lincoln the sum of Four thousand five hundred twenty and thrée pounds seventéen shillings and two pence farthing The City of London with the Liberty of S. Martins le Grand the sum of Eight thousand nine hundred forty and four pounds fourtéen shillings two pence thrée farthings The County of Middlesex with the City and Liberty of VVestminster the sum of Thrée thousand nine hundred thirty and six pounds and ten pence The County of Monmouth the sum of Six hundred eighty and five pounds two shillings nine pence thrée farthings The County of Northampton the sum of Two thousand four hundred eighty and thrée pounds eightéen shillings thrée pence farthing The County of Nottingham with the Town and County of the Town of Nottingham the sum of One thousand five hundred thirty and four pounds seven shillings two pence half-peny The County of Norfolk the sum of Five thousand nine hundred twenty and one pounds seven shillings four pence farthing The City and County of the City of Norwich the sum of Thrée hundred and sixtéen pounds four shillings four pence farthing The County of Northumberland with the Towns of Newcastle and Berwick upon Tweed the sum of Six hundred fifty and four pounds seventéen shillings eleven pence farthing The County of Oxon the sum of One thousand nine hundred ninety and four pounds seventéen shillings four pence farthing The County of Rutland the sum of Four hundred twenty and two pounds eight shillings one peny farthing The County of Salop the sum of Two thousand one hundred and fourtéen pounds twelve shillings eight pence farthing The County of Stafford the sum of One thousand four hundred ninety and seven pounds fiftéen shillings nine pence half-peny The City and County of the City of Litchfield the sum of Two and twenty pounds sixtéen shillings nine pence farthing The County of Somerset the sum of Four thousand eight hundred sixty and eight pounds eightéen shillings ten pence thrée farthings The City and County of the City of Bristol the sum of Thrée hundred and fifty pounds six shillings six pence farthing The County of Southampton with the Town and County of Southampton and the Isle of VVight the sum of Thrée thousand eight hundred forty and six pounds six shillings and seven pence The County of Suffolk the sum of Five thousand seven hundred ninety and four pounds fiftéen shillings thrée pence farthing The County of Surry with the Burrough of Southwark the sum of Two thousand eight hundred and five pounds eleven shillings six pence half-peny The County of Sussex the sum of thrée thousand one hundred ninety and nine pounds fiftéen shillings one peny thrée farthings The County of VVarwick with the City and County of the City of Coventry the sum of Two thousand ninety and four pounds fiftéen shillings eleven pence The County of Worcester the sum of One thousand eight hundred fifty and one pounds ten shillings ten pence The City and County of the City of VVorcester the sum of Ninety seven pounds nine shilllings and thrée farthings The County of Wilts the sum of Thrée thousand four hundred fifty and five pounds seven shillings one peny half-peny The County of Westmerland the sum of Two hundred and thrée pounds fiftéen shillings eight pence half-peny The Isle of Anglesey the sum of Two hundred and twenty pounds fiftéen shillings and ten pence The County of Brecknock the sum of Four hundred ninety six pounds six shillings six pence The County of Cardigan the sum of One hundred eighty five pounds sixtéen shillings eleven pence thrée farthings The County of Carmarthen the sum of Four hundred seventy eight pounds ten shillings thrée half-pence The County of Carnarvan the sum of Two hundred fifty and seven pounds eleven shillings thrée farthings The County of Denbigh the sum of Thrée hundred ninety and two pounds thirtéen shillings eight pence half-peny The County of Flint the sum of Two hundred and eight pounds sixtéen shillings thrée pence thrée farthings The County of Glamorgan the sum of Six hundred sixty and five pounds fourtéen shillings one peny thrée farthings The County of Merioneth the sum of One hundred seventy and seven pounds one shilling and nine pence thrée farthings The County of Montgomery the sum of Four hundred eighty and five pounds eightéen shillings and eight pence The County of Pembroke the sum of Five hundred seventy and thrée pounds eleven shillings seven pence thrée farthings The County of Radnor the sum of Thrée hundred and six pounds five shillings two pence thrée farthings The Town of Haverford West the sum of Twenty and six pounds thirtéen shillings And be it further Enacted Commissioners named in the former Act 16 17 Car. 2. cap. 1. That all and every the Persons who are appointed to act as Commissioners for execution of the said former Act shall likewise be and so are hereby constituted and appointed to be Commissioners for execution of this present Act within the several and respective Counties Cities Burroughs Towns and Places for which they were formerly appointed and shall have and execute like Powers and Authorities Rules and Directions touching the better assessing collecting levying receiving and paying the said One hundred and twenty thousand
nine hundred and two pounds fiftéen shillings and eight pence And all and every person or persons who shall be liable to or any wayes concerned or imployed in the assessing collecting levying receiving or paying of the Moneys by this Act imposed shall have like benefits advantages and discharges and shall be subject to like penalties and forfeitures in case of any neglect or refusal to pay their respective Assessment or to perform their respective duties as any other person or persons lyable unto or concerned or imployed in the assessing collecting levying receiving or paying any of the said former Assessments ought to have or be subject unto as fully and amply as if all and every the clauses matters and things to the said former Assessments relating had béen again in this Act repeated and Enacted The meeting of the Commissioners And be it further Enacted That the several Commissioners shall méet together at the most usual and common place of méeting vpon or before the Tenth day of January One thousand six hundred sixty seven to put this Act in Execution And that the said One hundred and twenty thousand nine hundred and two pounds fiftéen shillings and eight pence shall be assessed collected levied and paid unto the Receivers of the several Counties appointed or to be appointed by His Maâ—esty and by them answered and paid into his Majesties Exchequer upon or before the Fiftéenth day of February One thousand six hundred sixty and seven Anno XVIII Caroli II. Regis CAP. I. Moneys raised by a Poll and otherwise towards the Maintenance of the present War MOst Gracious Soveraign We Your Majesties most Obedient and Loyal Subjects the Commons now in Parliament Assembled having taken into our serious Consideration the many and urgent Occasions which at this time do press Your Majesty to an extraordinary Expence of Treasure for the Defence of Your Majesties Kingdoms and Dominions and in most thankful acknowledgment of Your Majesties just and tender Care of the welfare of Your People A Free Gift presented to his Majesty towards the carrying on the Warre Do most humbly present unto Your Majesty a Frée Gift of several Sums of money towards the carrying on of the present War to be Levied in such manner as is hereafter expressed and do beséech your Majesty to accept thereof And that it may be Enacted And be it Enacted by the Kings most Excellent Majesty by and with the Advice and Consent of the Lords Spiritual and Temporal and of the Commons in this present Parliament Assembled and by the Authority of the same That all and every person and persons Bodies Politique and Corporate Guilds or Fraternities within this Kingdom of England Dominion of Wales or Town of Berwick upon Tweed having any personal Estate in such Debts owing to them within the Realm or without Of Personal Estates in Debts and Moneys which he or they do not account or estéem as desperate over and besides such just Debts as he she or they shall bona fide owe or in ready moneys shall yield and pay unto His Majesty for every Hundred pounds in such Debts and ready Moneys the sum of Twenty shillings to be Assessed Imposed Levied and Collected in manner herein after mentioned Debts and Moneys not chargeable by this Act. Provided always That no sum of Money which hath béen lent unto his Majesty upon the Security of the Act Passed at Oxford in the Seventéenth year of his Majesties Reign entituled An Act for granting the Sum of Twelve hundred and fifty thousand pounds to the Kings Majesty for His present further Supply or lent by the City of London upon the Security of His Majesties Revenue arising by Hearth-money 17 Car. 2. cap. 1. at the rate of Sir per Cent. and which at the time of the execution of this present Act shall be unpaid nor any sum of money which shall be lent unto his Majesty upon the Security of this present Act or upon the Security of any other Act of Parliament passed or to be passed during this present Session of Parliament at the rate of Sir per Cent. shall be Rated or Assessed by vertue of this Act Any thing herein contained to the contrary notwithstanding Commissioners and Officers chargeable And be it further Enacted by the Authority aforesaid That all and every person and persons Commissioner or Commissioners having using or exercising any Office Place or publick Imployment whatsoever such persons who are or shall be in Muster and Pay at Land or Sea onely excepted and all and every their Deputies Agents Clerks Secondaries Substistutes and other their inferiour Ministers and Servants whatsoever who are already Taxed in and to the said Monethly Assessment for and in respect of their Offices Agencies and Imployments shall likewise pay vnto his Majesty over and above the several sums with which they are or shall be Charged in or to the said Monethly Assessment the sum of Twelve pence for every Twenty shillings which he or they do receive in one year by vertue of any Fées Profits Perquisites or other Advantages to him or them accruing or by reason or occasion of their several Offices Agencies and Imployments And such who are not already Taxed in and by the said Monethly Assessment for and in respect of their Commissions Offices Agencies and Imployments shall yield and pay unto His Majesty the full sum of Thrée shillings for every Twenty shillings which he or they do receive in one year by vertue of any Fées Profits Perquisites or other advantages to him or them accruing or by reason or occasion of their several and respective Commissions Offices Agencies and Imployments The said several sums of Twelve pence in every Twenty shillings and Thrée shillings in every Twenty shillings to be Assessed Imposed Levied and Collected in such manner as is herein after mentioned Allowing to every such Officer and Commissioner one Third part of the Annual Salary or Sum of money he shall so receive for and towards his or their charge of executing any such Commission Office or Place before mentioned And be it further Enacted by the Authority aforesaid Pensions and Stipends from his Majesty That all and every other person and persons having or claiming to have any Pension or yearly Stipend or Annuity by vertue of any Gift or Grant from His Majesty under his Great Seal or Privy Seal shall pay unto his Majesty the sum of Thrée shillings for every Twenty shillings by the year so given or granted as aforesaid to be Assessed Imployed Levied and Collected in such manner as is herein after mentioned And be it further Enacted by the Authority aforesaid That all Sergeants at Law Counsellors Sergeants at Law Counsellors Attorneys Sollicitors Scriveners Advocates Proctors Notaries Physitians Attorneys Sollicitors and Scriveners and all Advocates Proctors and publick Notaries and all and every person and persons practising the Art of Physick shall pay unto His Majesty the sum of Two shillings
in course And that the Gold and Silver brought in and Coyned as aforesaid shall be in the same order delivered to the respective bringers in thereof their Executors Administrators or Assigns successively without preference of one before the other and not otherwise And if any undue preference be made in Entring of any Gold or Silver or delivering out of any money Coyned contrary to the true intent and meaning of this Act by any Officer or Officers of the Mint or Mints Penalty then the party or parties offending shall be liable by Action of Debt or in the Case to pay the value of the Gold or Silver brought in and not Entred and Delivered according to the true intent and meaning and direction of this Act as aforesaid with Damages and Costs to the party or parties grieved and shall be fore-judged from his or their Place or Office And if such preference be unduly made by any of his or their Deputy or Deputies Clerk or Clerks without direction or privity of his or their Master or Masters then such Deputy or Deputies Clerk or Clerks onely shall be liable to such Action Damage and Costs as aforesaid and be for ever after uncapable of serving or bearing Office in any Mint in the Kingdom of England Provided always That it shall not be interpreted any undue preference to incur any penalty in point of Delivery of moneys Coyned if the Officer or Officers What shall not be an undue preference or their Deputies or Clerks shall deliver out or pay any moneys Coyned to any person or persons that do come and demand the same upon subsequent Entries before others that did not come to demand their moneys in their order and course so as there be so much money reserved as will satisfie them which shall not be otherwise disposed of but kept for them And for the more orderly and clear performance thereof Be it Enacted And it is hereby Enacted by the Authority aforesaid That the Master-worker of His Majesties Mint or Mints for the time being shall at the time of the Delivery and Entry of any Gold or Silver in the said Mint or Mints give unto the bringer or bringers in thereof to be Coyned a Bill under his hand denoting the Weight Fineness and Value thereof together with the Day and Order of its Delivery into the said Mint or Mints And for the further Encouragement and Assurance of such as shall bring any Gold or Silver into his Majesties said Mint or Mints to be Coyned Be it Enacted There shall be no seisure or forfeiture c. of any Gold or Silver brought in to be coyned And it is hereby Enacted by the Authority aforesaid That no Confiscation Forfeiture Seizure Attachment Stop or Restraint whatsoever shall be made in the said Mint or Mints of any Gold or Silver brought in to be Coyned for or by reason of any Imbargo breach of the Peace Letters of Mart or Reprisal or War with any Foreign Nation or upon any other accompt or pretence whatsoever But that all Gold and Silver brought into any of his Majesties Mint or Mints within the Kingdom of England to be Coyned shall truly and with all convenient spéed be Coyned and delivered out to the respective bringer or bringers in thereof their Executors Administrators or Assigns according to the Rules and Directions of this Act. And whereas it cannot be reasonably expected that the Expence Waste and Charge in Assaying Melting down and Coynage be born by Your Majesty And for the further encouragement of Coynage Be it Enacted And it is hereby Enacted by the Authority aforesaid An Imposition set upon Wines Vinegar Sider or Beer Imported That for every Tun of Wines Vineger Sider or Béer that shall be Imported or brought into the Port of London or into any other Port Créek or place within the Kingdom of England Dominion of Wales or Town of Berwick upon Tweed from any parts beyond the Seas or Scotland from and after the Twentieth day of December in the year of our Lord One thousand six hundred sixty and six there shall be Levied Collected and paid the sum of Ten shillings And for every Tun of Brandy-wines or Strong-waters that shall be imported as abovesaid the sum of Twenty shillings Brandy-wine Strong-water and so proportionably for a greater or lesser quantity to be Levied Collected and paid at the respective Custom-Houses to the Collectors and other Officers of the Customs for the time being at the Importation of the said Commodities over and above all other Duties charged leviable and payable upon the said Commodities and to be by them distinguished and kept apart from all other moneys by them Collected and Levied upon the same Commodities or upon any other Commodities or Merchandizes whatsoever and to be by the said Collector or Collectors respectively so answered and paid Quarterly into the Receipt of the Exchequer of Your Majesty Your Heirs and Successors there also to be kept distinct and apart from all other moneys arising by the Customs or by any other way or Revenue whatsoever which said Duty they are hereby injoyned to receive and pay according to the several Directions of this Act without any Salary or Fée And be it further Enacted and Declared by the Authority aforesaid That all manner of Wines Vinegar Sider Béer Brandy-wines and Strong-waters Imported as aforesaid shall pay their several and respective Duties imposed by this Act And upon non-payment thereof shall be liable to such and the same pains penalties and forfeitures as in and by the late Acts for Tunnage and Poundage and for Frauds are Enacted and appointed upon non-payment of the Duties by the said Acts imposed upon Goods and Merchandises of the same nature with those mentioned in this Act. Provided always and it is hereby Enacted That for what of the aforesaid Commodities shall be Transported into any parts beyond the Seas within the term and space of one year after the Importation thereof That the Duty paid by this Act for the same shall be repaid by the respective Collectors of the Customs for the time being And it is hereby further Enacted That no moneys leviable and payable by this Act shall be applied or converted to any use or uses whatsoever Moneys leviable upon this Act shall be imployed onely to the use of the Mint other then to the defraying the charge or expence of the Mint or Mints and of the Assaying Melting down Waste and Coynage of Gold and Silver and the encouragement of the bringing in of Gold and Silver into the said Mint or Mints there to be Coyned into the current Coyns of this Kingdom Nor shall any of the said Moneys be issued out of the Exchequer but by Order or Warrant of the Lord Treasurer and Vnder-Treasurer or Commissioners of the Treasury for the time being to the Master and Worker or Masters and Workers of Your Majesties Mint or Mints for the time being and mentioning That they
advice and consent of the Lord Archbishop of Canterbury and the Bishop of London for the time being Provided also And be it Enacted by the Authority aforesaid That the Scites and Materials of such Churches as by this Bill are not intended to be Rebuilt Scites and Materials of Churches to be sold and how imployed together with the Church-yards belonging to such Churches shall be and are hereby vested in the Lord Mayor and Aldermen of the City of London for the time being to the end so much of the said Ground as shall not upon the Rebuilding of the said City be laid into the Stréets be sold and disposed of by the said Lord Mayor and Aldermen or the major part of them for the time being with the consent of the Archbishop of Canterbury and Bishop of London for the time being and the Money raised by such Sale shall be by the said Mayor and Aldermen or the major part of them with the consent of the said Archbishop and Bishop disposed of and imployed for and towards the Rebuilding of such Parish-Churches as by this Act are intended to be Rebuilt and for no other use or purpose whatsoever Provided always That any thing in this Act contained St. Pauls St. Faiths St. Gregories Churches shall not extend or be taken to vest or settle the Church of Saint Paul and Saint Faiths or any part thereof or the Church of Saint Gregories by Saint Pauls or any of them or the Church-yards to any of them belonging or appertaining in the Mayor Aldermen and Commons of the City of London or any of them Any thing in this Act notwithstanding And be it Enacted That for the preventing Inundations and for easiness of Ascent the Stréet called Thames-street and all the Ground betwéen the said Stréet and the River of Thames Thames-street shall be raised and made higher by thrée foot at the least above the surface of the ground as now it lieth Provided also And it is hereby further Enacted by the Authority aforesaid That no House Out-house or other Building whatsoever Cranes and Sheds for present use only excepted shall be built or erected within the distance of Forty foot of such part of any Wall Key or Wharf as bounds the River of Thames from Tower-Wharf to London-Bridge and from London-Bridge to the Temple-Stairs Nor any House Out-house or other Building Cranes onely excepted be Built or Erected within the distance of Thréescore and ten Foot of the middle of any part of the Common-Sewers commonly called or known by the names of Bridewell-Dock Fleet-Ditch and Turmil-Brook from the River of Thames to Clarkenwel upon either side of them before the Four and twentieth day of March which shall be in the year of our Lord One thousand six hundred sixty eight And for the further enabling of the said Mayor and Commonalty and Citizens of the said City of London and their Successors to perform and accomplish the works in this Act mentioned An Imposition upon Coals Be it Enacted by the Authority aforesaid That for all sorts of Coals which from and after the four and twentieth day of June One thousand six hundred sixty seven and before the Four and twentieth day of June One thousand six hundred seventy seven shall be imported and brought into the Port of the City of London or the River of Thames within the liberty of the said City of London upon the same River to be sold by the Chaldron or Tun there shall be paid by way of Imposition thereupon over and besides all other Impositions and Duties due and payable for any sort of the said Coals by vertue of any Law or Statute now in force according to the Rates hereafter mentioned That is to say for such sorts of Coals as are usually sold by the Chaldron for every Chaldron thereof containing Thirty six bushels Winchester measure the sum of Twelve pence and for all such sorts of Coals as are sold by the Tun for every Tun thereof containing Twenty hundred weight the like sum of Twelve pence which said Imposition of Twelve pence for every Chaldron or Tun of Coals shall from time to time during the term aforesaid be answered and paid unto the said Mayor and Commonalty and Citizens and their Successors or to their Deputy or Deputies Officer or Assigns by the Master Owner or Owners or other person or persons taking charge of any Ship or Vessel whereupon the same shall be laden before they shall break Bulk or have a Meter assigned for the measuring or weighing of any Coals aforesaid to be delivered from on board any such Ship or Vessel the same to be paid at such place or places as by the said Mayor and Court of Aldermen shall from time to time be appointed for the receipt thereof Vpon receipt whereof the party appointed to receive the same shall without delay fée or reward deliver a Receipt to the person or persons who shall pay the said Duty which Receipt shall for so much be a sufficient discharge And to the end that the said Imposition may be duly answered and paid without fraud or covin and for the better Levying and Collecting thereof and for discovery of the just quantities of all sorts of Coals to be Imported as aforesaid Be it further Enacted by the Authority aforesaid That the Coal-meters for the City of London appointed or to be appointed and every of them Coal-meters Duty for Levying the same and their respective Deputies in their turn course of attendance respectively so soon as any Ship or Vessel freight with Coals shall be unladen shall forthwith deliver a true Certificate in writing unto the Deputy or Deputies Officers or Assigns of the said Mayor and Commonalty and Citizens who shall be appointed to receive the said Imposition of the sorts quantities and number of Chaldrons or Tuns of Coals respectively which shall be measured or weighed and delivered from on Board any such Ship or Vessel on pain for his or their default therein to be suspended from the execution and benefit of his or their Office or Imployment for one whole year from thence next following And in case it shall appear by such Certificate or otherwise That there was on Board any such Ship or Vessel a greater number of Chaldrons or Tuns of Coals then for which the said Imposition shall have béen answered and paid as aforesaid That then in such case there shall be paid to the said Mayor and Commonalty and Citizens and their Successors for every Chaldron or Tun of Coals so concealed over and above the Imposition aforesaid the sum of Five shillings for which in case of refusal to pay the same such Ship or Vessel or any the Tackle Furniture or Apparel thereof may be attached and detained by Warrant from the Mayor of the said City for the time being until payment thereof Provided nevertheless That if the Importer upon such Certificate delivered in by the Coal-meter shall within four and
twenty hours give in his Post-entry and satisfie and pay the whole Duty for the surplusage of Coals appearing upon the unlading of such Ship or Vessel That then upon such payment the penalty aforesaid shall be discharged How the said Imposition shall be disposed And be it further Enacted That all and every such sum and sums of Money which shall be raised upon the Receipt of the said Imposition of Twelve pence for every Chaldron or Tun of Coals or by such additional Duty in case of concealment as aforesaid shall in the first place be applied and disposed unto and for the satisfaction of such persons whose Grounds shall by vertue and in pursuance of this Act be taken and imployed for the inlarging of the Stréets and narrow Passages within the said City And after satisfaction given for the same the residue of the said Moneys shall be applied and disposed unto and for the satisfaction of such persons whose Grounds shall be imployed for the making of Wharfs or Keys on the North-side of the River of Thames and upon each side of the Sewer called by the name or names of Bridewell-Dock Fleet-Ditch and Turnmill-Brook and also for the building and making such Prisons within the said City as shall be necessary for the safe Custody and Imprisonment of Felons and other Malefactors And the Accompts of Reâ—eiâ—s and disbursements thereof kept And to the end the Moneys to be raised upon the Imposition aforesaid may be duly applied to the uses for which the same is by this Act appointed Be it further Enacted That there shall from time to time be provided and kept in the Chamber of London one or more Book or Books of Vellam or Parchment in which all moneys thereupon to be received shall from time to time be entred and set down And also other like Book or Books wherein the Accompts of all Payments and Disbursements out of the same shall be likewise entred expressing the time when the occasion for which and the name of the person or persons to whom the same were so paid or disbursed And that it shall and may be lawful to and for all and every person and persons that shall or may be in any wise concerned so to do to have frée access unto and view the said respective Books of Receipts and Disbursements at all times when the Chamberlains Office is open without any Fée or Reward to be taken or demanded for the view or inspection thereof And that the Chamberlain of London for the time being before the end of Michaelmas Term in every year shall transmit and upon his Oath deliver into the Receipt of the Exchequer a true Copy or Duplicate of the aforesaid Books of Accompts containing the Receipts and Disbursements of all moneys which shall be raised and paid by or out of the said Imposition upon Coals in the year preceding and ending upon the Four and twentieth day of June next before there to be received gratis by the proper Officer and kept amongst the Records of the said Court where it shall also be lawful for any person or persons who shall be in any wise concerned so to do to have access thereunto and to view and peruse the said Books of Accompts without any Fée or Reward to be taken or received for the same Thomas Morris his Water-House Provided always That it shall and may be lawful for the Water-house called Mr. Thomas Morris his Water-house formerly adjoyning to London-Bridge to be rebuilt upon the place it formerly stood with Timber for the supplying the South-side of the City with water as it for almost this hundred years hath done Any thing in this Act to the contrary in any wise notwithstanding Water-Lane Street Provided also And it is hereby further Enacted by the Authority aforesaid That the Lord Mayor and Aldermen of London may and shall open and inlarge a Stréet or Passage called Water-Lane leading from Fleetstreet to White-Friers-Dock by the River of Thames as also open and inlarge a Stréet or Passage to the said River from Cheap-side through Soper-Lane to Thames-Street and from the Three-Cranes to the Thames And open and inlarge one other Stréet or Passage through Mincing-Lane Mincing-Lane by St. Dunstans in the East to Thames-Street near the Custom-House And to make the said Stréets or Passages twenty four foot in breadth for the conveniency of Trade and better passage of Carts and other Carriages to and from the said River giving notice of what they shall herein resolve to the Proprietors and Persons concerned before the last day of May which shall be in the year of our Lord One thousand six hundred sixty seven and giving them satisfaction for their Ground according to the Rules and Directions of this Act for the inlarging of other Stréets and Places A Scheme of Proportions and Scantlings for Stories Walls and Timbers for the Building of lesser and larger Houses within the City of LONDON Brick Division of Story  Height of Story  Thickness of Walls   Bricks    Foot   Bricks   First sort being the least Houses fronting by-streets Lanes Cellars  6½  To the first floor 2  1½ 1 Story  9  2d 1½  1½ 2 Story  9  3d 1½  1½ Garrets      1  1   Where the Spring prevent not      2  Cellars  6 2 1  To the first Floor 2½  1½ Second sort Houses fronting all streets lanes of note and River of Thames 1 Story  10  2d 2 Thickness of Walls between House and House 1½ 2 Story  10 Thickness of Walls in Front and Reer from the Foundation 3d 2  3 Story Not less in height clear then 9 4th 1½ 1½  Garrets     1  1  1 Story  10  1st 2½  2 Third sort Houses fronting all High-streets and Lanes of note 2 Story  10½  2d 1½  1½ 3 Story  9  3d 1½  1½ 4 Story  8½  4th 1½  1½ Garrets     1  1 Scantlings of Timber for the first sort of Houses   Foot Inches  Inches For the Floors Summers under 15 12 and 8 Wall-plates  7 and 5   Foot at foot 8 6 Inches For the Roof Principal Rafters under 15 at top 5 Single Rafters 4 and 3 Inches  Length Foot Thickness  Depth Joysts to 10 3 7 Inches Garrets-floors  3  6 Scantlings of Timber for the other two sorts of Houses For the Floors Summers or Girders which bear in length from Foot  Foot Breadth Inches  Depth Inches  Thickness Inches Depth Inches 10 to 15 11 and 8 Joysts which bear 10 Foot 3 6 15  18 13  9 3 7 18  21 14  10 3 7 21  24 16  12 3 8 24  26 17
themselves for seven years That if such person or persons for whose life or lives such Estates have béen or shall be granted as aforesaid shall remain beyond the Seas or elsewhere absent themselves in this Realm by the space of Seven years together and no sufficient and evident proof be made of the lives of such person or persons respectively in any Action commenced for recovery of such Tenements by the Lessors or Reversioners in every such case the person or persons upon whose life or lives such Estate depended shall be accounted as naturally dead And in every Action brought for the recovery of the said Tenements by the Lessors or Reversioners their Heirs or Assigns The Iudges before whom such Action shall be brought shall direct the Iury to give their Verdict as if the person so remaining beyond the Seas or otherwise absenting himself were dead What shall be a good challenge to Iurors upon tryal of Lives in being And be further Enacted That in any such Action wherein the life or death of any such person or persons shall come in question betwéen the Lessor or Reversioner and the Tenant in possession it shall and may be lawful for the Lessor or Reversioner to take exception to any of the Iurors returned for the trial of that cause that the greatest part of the real Estate of any of such Iurors is held by Lease or Copy for lives who upon proof thereof shall be set aside as in case of other legal challenges Provided always and be it Enacted by the Authority aforesaid Proviso for Lands held by lives of certain Traytors attainted That nothing in this Act contained shall extend to any Lands held by the life or lives of any person or persons attainted of Treason for the horrid murder of his late Majesty of blessed memory who now conceal or hide themselves which Lands are or have béen vested in His Majesty and are now granted to his Royal Highness the Duke of York but that the course of Evidence heretofore used in such cases shall be had and used Any thing to the contrary in this Act notwithstanding Provided always and be it Enacted Proviso for persons evicted by this not being in truth dead That if any person or persons shall be evicted out of any Lands or Tenements by vertue of this Act and afterwards if such person or persons upon whose life or lives such Estate or Estates depend shall return again from beyond the Seas or shall on proof in any Action to be brought for recovery of the same be made appear to be living or to have béen living at the time of the Eviction That then and from thenceforth the Tenant or Lessée who was outed of the same his or their Executors Administrators or Assigns shall or may re-enter re-possess have hold and enjoy the said Lands or Tenements in his or their former Estate for and during the life or lives or so long term as the said person or persons upon whose life or lives the said Estate or Estates depend shall be living and also shall upon Action or Actions to be brought by him or them against the Lessors Reversioners or Tenants in possession or other persons respectively which since the time of the said Eviction received the Profits of the said Lands or Tenements recover for damages the full Profits of the said Lands or Tenements respectively with lawfull Interest for and from the time that he or they were outed of the said Lands or Tenements and kept or held out of the same by the said Lessors Reversioners Tenants or other persons who after the said Eviction received the Profits of the said Lands or Tenements or any of them respectively aswell in the case when the said person or persons upon whose Life or Lives such Estates or Estates did depend are or shall be dead at the time of bringing of the said Action or Actions as if the said person or persons were then living CAP. VII Disturbances of Seamen and others prevented and to preserve the Stores belonging to His Majesties Navy Royal. WHereas divers Fightings Quarrelings and Disturbances do often happen in about His Majesties Offices Yards and Stores for His Majesties Royal Navy 16 Car. 2. cap. 5. and frequent Differences and Disorders are occasioned in the Office of His Majesties Treasury of the Navy on Pay-days in London Portsmouth and other places of méeting for the Service of the said Navy And that either by the unreasonable Turbulency of Seamen and others attending on Turbulency of Seamen or relating to that Service or their Creditors or by the rudeness of the Officers intrusted with His Maiesties Stores on Land or in His Royal Ships when they are questioned by the Principal Officers and Commissioners of the said Navy either for neglect or Imbezelment of His Majesties Provisions Ammunition or other Equipage of the Navy under their Charge and that not onely to the disturbance of the Peace but sometimes to the danger and hindrance of His Majesties Service both in point of husbanding His Majesties Revenue and also on the dispatch of the Ships on which the Honour and Safety of His Majesty and Kingdom so much depends Which inconveniencies require a spéedie remedy then the ordinary attendance on the Sessions of Peace can give the Parties Accused or Offending being many times bound to Sea and the Principal Officers and Commissioners for want of Authority to suppress such Insolencies and determine such Cases being necessitated to pass by many Offences in which His Majesty might be righted if their necessary attendance on that important Service would permit the prosecution of the Offenders before other ordinary Iudicatures Be it therefore Enacted by the Kings most Excellent Majesty with the Advice and Consent of the Lords Spiritual and Temporal and Commons in Parliament assembled and by the Authority of the same Who may examine and punish offences and disturbances committed by Seamen relating to the Navy That the Treasurer Comptroller Surveyor Clerk of the Acts and the Commissioners of the Navy for the time being or any one or more of them have power and authority to examine and punish all such person and persons whom they upon their enquiry examination or on view in their presence shall find hereafter to make or have made any Disturbance Fighting or Quarrelling in the Yards Stores or Offices aforesaid at Pay-days or on other occasions relating to the Naval Services in such manner as followeth That is to say That they or any one or more of them may punish any the said Offences by Fine Imprisonment or either of them the Fine not excéeding Twenty shillings and Imprisonment not excéeding one week And have power in such cases to commit such persons to the next Gaol or to the custody of the Messenger or Messengers for the time being attendant on them who respectively are to receive and detain such person so offending And that the said principal Officers and Commissioners or the greater number
thereby Be it further Enacted by the Authority aforesaid That there shall be provided and kept in your Majesties Exchequer to wit in the Office of the Auditor of the Receipt one Book or Registry in which all Moneys that shall be paid into the Exchequer arising or payable by this Act shall be entred and registred apart and distinct from all other Moneys paid or payable to your Majesty or to your Heirs or Successors upon any other branch of your Revenue or upon any other account whatsoever And that there be one other Book or Registry provided and kept in the said Office of all Orders and Warrants to be made by the Lord Treasurer or Vnder-Treasurer or by the Commissioners of the Treasury for the time being for payment of all and every sum and sums of Moneys to all persons for Moneys lent Wares Goods or Victuals or other necessaries bought or Ships hired or other payments directed by your Majesty relating to the Service of this War upon the Moneys arising and payable by this Act and that no Moneys levyable by this Act be issued out of the Exchequer but by such Order or Warrant mentioning that the Moneys payable by such Order or Warrant are for the service of your Majesty in the said War respectively during the said War That also there be the like Book or Registry provided and kept by the said Auditor of all Moneys paid out or issued by vertue of such Orders and Warrants and that it shall be lawful for any person or persons willing to lend any Moneys or to furnish any Wares Victuals Ships Goods or other necessaries on the Credit of this Act at the usual times when the Exchequer is open to have access unto and view and peruse all or any of the said Books for their information of the state of those moneys and all ingagements upon them for their better encouragement to lend any moneys or furnish any Goods Wares Victuals Ships or other necessaries as aforesaid And that the Auditor of the Receipt his Deputy or Clerk shall be assistant to such persons for their better and speedier satisfaction in that behalf And that all and every person and persons who shall lend any moneys to your Majesty and pay the same into the Receipt of the Exchequer shall immediately have a Tally of Loan struck for the same and an Order for his repayment bearing the same date with his Tally in which Order shall be also contained a Warrant for payment of Interest for forbearance after the rate of six per cent per annum for his consideration to be paid every six Moneths until the repayment of his Principal And that all person and persons who shall furnish your Majesty your Officers of the Navy or Ordnance with any Wares Goods Ships Victuals or any other necessaries for the service aforesaid shall upon Certificate of the Commissioners and Officers of the Navy or of the Master or Commissioners and Officers of the Ordnance or some of them without delay forthwith have made out to them Warrants or Orders for the payment of the moneys due or payable unto them which Certificates the said Officers of your Navy Commissioners and Officers of the Ordnance shall make without fée charge or delay And that all Orders for repayment of moneys lent shall be Registred in course according to the date of the Tallies respectively and that all Orders signed by the Lord Treasurer and Vnder-Treasurer of the Exchequer for payment of moneys for Goods Wares and Victuals and other necessaries furnished to your Majesty your Officers Master or Commissioners as aforesaid shall be Registred in course according to the time of bringing to the Office of the Auditor of Receipt the Certificates above mentioned and that all Orders so signed for Payments directed by his Majesty shall be entred in course according to their respective Dates and none of the sorts of Orders above mentioned either for Loans of moneys supplies of Wares Goods Victuals Ships or other necessaries or by special direction shall have preference one before another but shall all be entred in their course according to the dates of the Tallies the times of bringing the Certificates and the dates of the Orders for payment directed by his Majesty as they are in point of time respectively before each other And that all and every person and persons shall be paid in course according as their Orders shall stand entred in the said Register-book Be it Orders for payments directed by his Majesty or for moneys lent or for Wares Commodities or other necessaries furnished as aforesaid So as that person his Executors Administrators and Assigns who shall have his Warrant or Order Warrants or Orders first entred in the said Book of Registry shall be taken and accounted as the first person to be paid upon the moneys to come in by vertue of this Act and he or they that shall have his or their Warrants or Orders Warrant or Order next entred shall be taken and accounted the second person to be paid and so successively and in course And that the moneys to come in by this Act shall be in the same order lyable to the satisfaction of the said respective parties their Executors Administrators or Assigns Native or Foreigner successively without preference of one before another and not otherwise and not be divertible to any other use intent or purpose upon any account or reason whatsoever And that no Fee Reward or Gratuity directly or indirectly be demanded or taken of any your Majesties Subjects for providing or making such Books Registers Entries Views Search Certificate in or for payment of money lent or the Interest thereof or for payment of any money upon any Order upon any Contract for Wares and Goods furnished to the use of your Majesties Navy and Ordnance as aforesaid by any of your Majesties Officer or Officers their Deputies or Clerks on pain of payment of treble damages to the party grieved by the party offending with costs of Suit And if the Officer himself take or demand any such Fée or Reward then to lose his place also And if any undue preference of one before another shall be made either in point of Registring contrary to the true meaning of this Act by any such Officer or Officers then the party offending shall be lyable by Action of Debt or on the Case to pay the value of the Debt Damages and Costs to the party grieved and shall be forejudged from his Place or Office And if such preference be unduly made by any his Deputy or Clerk without direction or privity of his Master then such Deputy or Clerk only shall be liable to such Action Debt Damages and Costs and shall for ever after be incapable of the same And in case the Auditor shall not direct the Order or the Clerk of the Pells Record or the Teller make payment according to each persons due place and order as afore directed then he or they shall be judged to forfeit and
and Sewers about London and Westminster shall be repaired and kept and several Streets enlarged 13 Car. 2. 2. Stat. 3. 2 The repairing and enlarging High-ways throughout the Kingdom 14 Car. 2. 6. How the High-ways in the Counties of Hertford Cambridge and Huntington shall be repaired 15 Car. 2. 1. 16 17 Car. 2. 10. Hospitals See Leases Hunting See Forest and Deer JEoâ—ailes See Delays Indempnity See Pardon Ireland 1 Several Statutes for Reducing the Rebels in Ireland 17 Car. 1. 33. c. EXP. Judgment See Execution Delays Error Judicial proceedings 1 Which Process Judicial proceedings in the late times be made good and which not 12 Car. 2. 3. 12 Car. 2. 12. Jurors 1 Of what ability in Free-hold Lands Jurors for tryal of Issues shall be 16 17 Car. 2. 3. 2 No party-Jurors in tryals for Customs due upon Merchandize 14 Car. 2.11 3 Challenges of Jurors who are Lessees for lives ibid. 4 Issues lost by Jurors shall not be saved but by Order of the Judge 16 17 Car. 2. 3. See Lancaster King WHat Rates Inn-keepers shall take for provisions for the Kings Retinne in his Progress 13 Car. 2. 8. 2 See Carriages Knighthood 1 None shall be compelled to take the Order of Knighthood 17 Car. 1. 20. 2 The Kings Person and Government preserved against Treason and Seditious persons 13 Car. 2. 1. See Treason Lancaster 1 HOw Jury-men shall be summoned in the Dutchy of Lancaster 16 17 Car. 2. 3. See Dutchy Leases 1 What Leases to be made by the King of the Dutchy Lands in Cornwal shall be good and confirmed 1 Car. 1. 2. 2 Leases and Grants from Colledges and Hospitals confirmed 12 Car. 2. 31. 3 Leases made by the Master of the Rolls shall be good 12 Car. 2. 36. 4 Leases by the King of Lands and Tenements of the Dutchy of Cornwall confirmed and made good 13 Car. 2. 4. Stat. 2. See Estates Leather 1 The Exportation of Leather and Raw Hides out of England restrained 14 Car. 2. 7. 2 Exportation of Leather declared a Common Nusance ibid. 3 Leather used within London or 3. miles shall be searched and allowed by the Wardens of the Curriers ibid. Liberties 1 Petition and Declaration of divers Liberties of the People called the Petition of Right 3 Car. 1. London 1. Lights shall be hanged forth by the Inhabitants in the Streets in Winter 14 Car. 2. 2. 2. A judicature erected for hearing and determining all differences touching Houses burned and demolished in the Fire there 19 Car. 2. 2. 3. Rules setting forth the order and form to be observed in the Street and re-building of the City of London 19 Car. 2. 3. Madder 1 THe Statute for importing Madder pure and unmixed repealed 15 Car. 2. 16. Manufactures 1 Importing of Forreign Bonelace Cutwork imbroidery Fringe Bandstrings Buttons and Needle-work prohibited 14 Car. 2. 13. 2 The Silk-throwers London incorporated by Patent and the making of the manufacture regulated 14 Car. 2. 5. 3 The manufacture of making Linnen Cloth and Tapistry encouraged 15 Car. 2. 5. Marriages 1 The confirmation of divers Marriages and how issues upon such Marriages shall be joyned and tryed 12 Car. 2. 33. Marriners and Seamen See Ships and shipping Muket See Clerk of the Market Master of the Rolls See Leases Measures See Weights Merchants and Merchandize 1 Merchants strangers shall be well entreated 12 Car. 2. 4. 2 No Tax may be imposed upon Merchandize but by authority of Parliament ibid. 3. Aliens may not exercise the Trade of Merchants or Factors in Asia Africa or America 12 Car. 2. 8. 4 Encouragement of Merchants and Trade 14 Car. 2. 23. 5 Additional matters concerning pollicies of assurance amonst Merchants 14 Car. 2. 23. 6 Aliens Infants may not be Merchants 14 Car. 2. 11. See Ships and shipping Militia See Souldiers Minister 1 Certain Ministers confirmed and others restored to their Benefices 12 Car. 2. 17. Money 1 The penalty for melting currant Silver money 14 Car. 2. 31. 2 How Forreign Coyn and Bullion may be exported 15 Car. 2. 7. 3 Silver-plate or Gold brought to the Mint may be coyned gratis See Coynage Mos -Troopers See Scotland NAvy and Navigation See Ships and Shipping Norwich Stuffs 1. The making Stuffs in Norfolk and Norwish regulated 14 Car. 2. 5. Nusances 1 Nusances in High-ways to be removed 14 Car. 2. 6. 2 Transporting of Leather and Raw-hides declared a common Nusance 18 Car. 2. 1. 3 Importation of Cattel out of Ireland declared a common Nusance 14 Car. 2. 7. Oath THe Oath Ex officio taken away 17 Car. 1. 11. and 13 Car. 2. 12. 2 Certain penalties upon persons refusing to take a lawful oath 13 Car. 2. 1. stat 3. See Quakers See Dutchy Orders and Ordinances of Parliament See Parliament Pardon 1 THe Kings most gracious free and general Pardon indemnity and oblivion 12 Car. 2. 11. 2 All moneys and goods received in late usurpation not pardoned vested in the King 13 Car. 2. 3. 3 The pains and forfeitures upon divers offenders excepted in the act of general pardon 13 Car. 2. cap. 15. 4 The penalties upon Accomptants to the King not pardoned by the Act of Oblivion who shall not proceed and perfect their Accompts within a certain time 14 Car. 2. 16. Parliament 1 The Parliament begun 3 Nov. 16 Car. 1. declared to be dissolved and the penalty upon persons that shall hold or declare the contrary 12 Car. 2. 1. 2 Orders or ordinances of one or both houses of Parliament how not binding without the King 13 Car. 2. 1. 3 Priviledges of debates in Parliament for repeal or alteration of Laws or redress of publique greivances 13 Car. 2. 1. 4 Parliaments shall be held once in three years at the least 16 Car. 2. 1. 5 The Parliament of 12 Car. 2. confirmed 12 Car. 2. 1. Petition 1 The Petition of Right 3 Car. 1. 2 See Ecclesiastical c. Num. 5. 3 None may make unlawful Assemblies upon pretence of petitioning the King or Parliament to alter the Law c. 13 Car. 2. 5. Pilchard Fishing See Fishing Plague See Prisoners Poor 1 The occasion of the encrease of Poor and for their better relief 14 Car. 2. 12. 2 A Work-house at Exeter for relief of the poor there 19 Car. 2. 19. 3 Poor Officers and Souldiers relieved 14 Car. 2. 9. Poll-Money 1 Poll-money according to several Dignities and Degrees granted to His Majesty 18 Car. 2. 1. 19 Car. 2. 6. Pollices of Assurances See Merchants Ports See Dover Post-Office 1 A Post-Office erected for carriage and the several Prices of Letter from Inland and forreign places 12 Car. 2. 35. 2 The penalty upon Post-masters and Officers neglecting or not doing their Duties ibid. 3 The profits of the Post-Office setled upon his Royal Highness the Duke of York in tail 15 Car. 2. 14. Poundage See Tunnage Printing See Books Prize-Goods 1 Direction for prosecution of such as are accomptable for prize-goods 14 Car. 2. 14. 16
appraised value upon loss of his Office Be it further Enacted by the Authority aforesaid No person employed about managing the customs may take any bride or reward to connive at any Entry That if any of the Kings Majesties Officers or other persons appointed to manage His Majesties Customs Searchers Waiters or other person or persons whatsoever deputed and appointed by and under them or any of them or any other Authority whatsoever and imployed in or about the Affairs of the Kings Customs and Subsidies shall directly or indirectly take or receive any bribe recompence or reward in any kind whatsoever or connive at any false Entry of any Goods or Merchandizes whereby the Kings Majesty His Heirs or Successors shall be defrauded or hindred in or of His Customs and Subsidies or other Sums of money or Goods prohibited by the Law to be Imported or Exported into or out of the Kingdom of England Dominion of Wales Town and Port of Berwick be suffered to pass either by way of Importation or Exportation the person or persons therein offending shall forfeit the sum of One hundred pounds The Penalty and be for ever afterwards incapable of any Office or Imployment under the Kings Majesty His Heirs or Successors or any Authority derived from them as also the Merchant Mariner or other person or persons whatsoever who shall give or pay any such Bribe Recompence or Reward as aforesaid shall forfeit the sum of Fifty pounds Provided nevertheless that if any person or persons offending as aforesaid Persons revealing their own offences within two months to be acquitted shall reveal and make known such his or their Offence in Two moneths time to the Treasurer of England the Chancellor Vnder-Treasurer or Barons of the Exchequer he shall for that Offence be clearly acquitted and discharged And be it further Enacted Forreign goods where to be landed and how weighed and numbred That all forreign Goods and Merchandize which by the person or persons which are or shall be appointed by his Majesty for the managing of the Customs and the Customer Collector and Comptroller shall be permitted to be landed and taken up by Bills at sight Bills at view or sufferance shall be landed at the most convenient Keys or Wharfs where the said person or persons so to be appointed Customer or Collector or Comptroller shall appoint and not elsewhere and there or in his Majesties Store-house of the respective Ports at the Election of the said person or persons so to be appointed and Officers shall be measured weighed and numbred by and in the presence of the Officers to be thereunto particularly appointed which said Officers so appointed shall perfect the Entry and thereunto shall subscribe their Names and the next day following shall give Accompt and make report of every respective Entry so perfected as aforesaid to the said person or persons which are or shall be appointed to manage his Majesties Customs Customer or Collector and Comptroller aforesaid without reasonable cause to be allowed by the said person or persons or Officers aforesaid or in default thereof shall forfeit the sum of One hundred pounds Be it also Enacted That no Ship Vessel or Boat Vessels appointed for carrying Letters may not import nor export Merchandise appointed and imployed ordinarily for the Carriage of Letters and Pacquets shall unless it be in such Cases as shall be allowed by the said person or persons which are or shall be appointed to manage his Majesties Customs or Officers aforesaid Import or Export any Goods or Merchandize into or out of the parts beyond the Seas upon the Penalty of the forfeiture of One hundred pounds to be paid by the Master of the said Vessel or Boat with the loss of his place and all Goods and Merchandize that shall be found on Board any such Ship Vessel or Boat shall be forfeited and lost And whereas some Doubts and Disputes have arisen concerning the said late Act For encresing and encouraging of Shipping and Navigation An Explanation of 12 Car. 2. cap. 18. of goods prohibited to be brought from Holland about some of the Goods therein prohibited to be brought from Holland and the Parts and Ports thereabouts Be it Enacted and Declared That no sort of Wines other then Rhenish no sort of Spicery Grocery Tobacco Pot-ashes Pitch Tarr Salt Rozen Deal-Boards Firr Timber or Olive-Oyl shall be imported into England Wales or Berwick from the Netherlands or Germany upon any pretence whatsoever in any sort of Ships or Vessels whatsoever upon penalty of the loss of all the said Goods as also of the Ships and furniture And whereas also by the said Acts For incouraging and increasing of Shipping and Navigation 12 Car. 2. c. 18. Imposition of 5 s. per Tun upon French Vessels an Imposition of Five shillings per Tun is laid upon all Ships or Vessels belonging to any Subjects of the French King which shall come into any Port Harbour Créek or Road of England Ireland Wales or Town of Berwick upon Tweed and shall there lade or unlade any Goods or take in or set on shore any Passengers Yet notwithstanding there is great difficulty in recovering the said Duty because small Shallops come not into Harbours where Officers are but either put their Goods and Passengers on shore or Boats come out of Harbours which privately convey them on shore there being no penalty in the Act against such Offenders Be it therefore Enacted How to be recovered and the penalty That any such Ship or Vessel upon which the above-said Imposition of Five shillings per Tun is due and payable which shall either put on shore or put over into any Boat any Goods or Passengers without payment of Custom and Imposition of Tunnage at any time returning into any Harbour Port or Creek of England or Ireland shall not only pay the Duties formerly due but forfeit the sum of Ten pounds And whatsoever Pilot Water-man or Boat-man which shall from any Harbour Port or Créek go out and bring any Goods from on board such Vessel shall not only be liable to pay the Duty of Tunnage which the said Vessel should have paid but forfeit the sum of Forty pounds Be it also hereby Enacted That Vinegar Perry Rape Cider and Cider-eager of any sort or kind whatsoever Tunnage upon V negar Perry Rape Cyder and Cyder eager Imported from and after the four and twentieth day of June One thousand six hundred sixty and two from Forreign Parts is hereby Rated to pay to the Kings Majesty a Subsidy of Tunnage of Four pounds Ten shillings per Tun Imported by English and Six pounds Imported by Stangers according to the Rate already imposed and set upon French Wines to be Collected and Levied for such time and in such manner as by the Act of Tunnage and Poundage is directed and appointed And the same are by vertue of this Act exonerated and discharged of all further and other Sums heretofore set or
Heirs and all claiming under them all right to the said Rectories and Premisses as hath accrued unto them before the Ninetéenth day of May One thousand six hundred sixty and two And be it further Enacted by the Authority aforesaid That all Tenants Lessées How Tenants and Lessees under such Estates shall pay their Rents and Occupiers of all such Advowsons Rectories Impropriate Gléeb-Lands Tithes and premisses so granted or setled to or upon such Trustées as aforesaid for the uses or purposes aforesaid shall pay all such Rents as shall hereafter grow due and payable to such persons onely unto whom the right and interest of and in the same Advowsons Rectories Gléeb-Lands Tithes and premisses before the said Conveyances or Assurances intended to be annulled and made void by this present Act did or should of right belong or appertain And whereas the said Conveyances and Assurances in and by this Act intended to be made void were some of them of Estates in Fée-simple and some of them long Terms for years made to Trustées Rents and sums appointed for augmentation of certain Vicarages who redemiled the same at and under such yearly Rents and Sums of Money as were then appointed to be the Augmentation of certain Vicarages or maintenance for preaching Ministers since which time many of the Rectories and Lands so Conveyed and Leased have béen absolutely sold and the Redemises thereof granted and assigned by the Owners thereof for the benefit of such purchasers Be it further Enacted and Ordained by this present Parliament and by the Authority of the same That the said Purchasers their Heirs and Assigns shall pay and the said former Owners of the said Lands and Rectories their Executors Administrators and Assigns shall have hold and enjoy the said Rents and sums of Money so reserved for the Augmentation of the said Vicarages and maintenance for Preaching Ministers upon the said several Redemises and shall have the same and the like remedies by Distress or by Action of Debt for the recovery thereof as the said Trustées who Redemised the same should or might have had if this Act had not béen made CAP. XXVI Abuses committed in the Weight and false Packing of Butter Reformed FOrasmuch as Butter is one of the principal Commodities of the product of this Kingdom and is not only of an universal use Expence at home The Contents of a Kilderkin of Butter but very great quantities thereof are Transported beyond the Seas And whereas by Custom time out of mind used every Kilderkin of Butter ought to weigh One hundred thirty and two pounds gross at the least that is to say One hundred and twelve pounds of Neat Butter and the Cask Twenty pounds The Firkin The Firkin of Butter ought to weigh Sixty and four pounds viz. Fifty and Six pounds of good Merchantable Butter Neat and the Cask Eight pounds And the Pot of Butter ought to weigh Twenty pounds The Pot. viz. Fourtéen pounds of good and Merchantable Butter Neat and the Pot Six pounds And whereas great Complaint hath béen made by the Traders in Butter and Chéese That by the Fraudulent dealing and practice of several Farmers Owners and Packers of Butter and by their irregular manner of weighing with Stones Iron Wedges Bricks and other unwarrantable Weights the same quantities of Butter are not put up into the respective Cask and Pots aforesaid and the Kilderkin is Commonly made to weigh Six and twenty pounds and sometimes Eight and twenty pounds and the Firkin to weigh Ten pounds or Twelve pounds and sometimes Thirtéen or fourtéen pounds weight and the Pots are made generally to weigh Seven pounds and some of them Eight pounds or Nine pounds weight and much bad and decayed Butter is mixed and Packed up into Kilderkins Firkins and other Cask and Pots with sound and Good Butter and immoderate quantities of Salt intermixed to the spoil of the same and to the great wrong and abuse of his Majesty in the Victualling of His Navy of Merchants in the Victualling of their Ships and of all Traders in the said Commodity and of all Housholders who buy the same for their expence and to the great dishonour of the English Nation in the parts beyond the Seas and to the bringing of the said Commodity into great disrepute abroad whereby it yields not that price nor is vented there in such quantities as otherwise it would For remedy whereof Be it Enacted by the Kings most Excellent Majesty by and with the advice and consent of the Lords Spiritual and Temporal A Kilderkin of Butter shall contain 112 l. besides the Cask and Commons in this present Parliament Assembled That from and after the First day of June which shall be in the year of our Lord One thousand six hundred sixty and two every Kilderkin of Butter do and shall contain One hundred and twelve pounds Neat or above every pound containing sixtéen Ounces besides the Taxe of the Cask The Firkin 56. l. and not less of good and Merchantable Butter Every Firkin and Butter do and shall contain Fifty six pounds Neat or above besides the weight of the Cask of good and Merchantable Butter and every Pot of Butter do and shall contain fourtéen pounds Neat or above besides the weight of the Pot The Pot 14. l. of good and Merchantable Butter And that no Butter which is Old or Corrupt shall be mixed or packed up into any Kilderkin Firkin or other Cask Vessel or Pot whatsoever with any Butter which is New and Sound No old Butter shall be mixed with new nor any Whay-Butter shall be packed or mixed with any Butter that is made of Cream but that the said respective sorts of Butter shall be packed up severally and apart by themselves and shall not be mixed one with another and that every Cask or Pot of Butter shall be of one sort and goodness throughout such Cask and Pot Nor Whay-butter and that no Butter shall be salted with any great Salt but that all Butter shall be salted and saved with small Salt nor more Salt shall be intermixed with it then shall be néedful for its preservation The penalty upon pain and penalty that every Owner Farmer or Packer of Butter not putting up in each Kilderkin Firkin and Pot of Butter to be sold or to be exposed to sale respectively such quantities as aforesaid or offending in false packing as aforesaid for every such offence shall forfeit the value of all the Butter so false packed and for every offence where any Kilderkin Firkin or Pot shall be found to contain a lesser quantity of Butter then by this Act is appointed six times the value of every pound of Butter that shall be wanting in any such Cask or Pot. And to the intent that the benefit intended by this Act may be extended with full effect to all persons who do either cut out Butter by Retail or expend it Be it further Enacted
Sub-collectors of each Parish or Place which shall be appointed by vertue of this Act shall upon the Collection of the whole summe appointed to be collected by them and payment thereof as is hereby and before appointed have and receive for their pains in collecting and paying the moneys one peny in the pound which the said several Head-Collectors are hereby authorized to pay unto them and the several Head-Collectors which shall be appointed by vertue of this Act shall upon the payment of the whole summe due from their Hundred or Division to the Receiver-General of each County have and receive for their pains in receiving and paying the said moneys one peny in the pound which each Receiver-General is hereby authorised to pay and allow unto them accordingly and also upon the Receipt of the whole Assessment of the County City or Town for which he is appointed Receiver-General in case he hath received the several Duplicates of each Parish or Place therein and not otherwise to allow and pay according to such warrant as shall be in that behalf given by the said Commissioners or any thrée of them one peny in the pound for the Commissioners Clerks for their pains in fair writing the Assessments Duplicates and Copies Provided that no Head-Collectors shall be appointed for any City or Town which is by this Act particularly charged with the payment of any summe towards the Assessment hereby to be levied and for which a Receiver-General is to be appointed excepting within the City of London And be it Enacted and Declared How the money may be levied upon persons refusing to pay That if any Person shall refuse or neglect to pay any summe of money whereat he shall be rated and assessed That then it shall and may be lawful to and for the said Collectors Sub-collectors or any of them who are hereby Authorised and required thereunto to levy the summe assessed by Distress and Sale of the Goods of such persons so refusing or neglecting to pay deducting the summe assessed and reasonable charges of distraining and restore the overplus to the Owner thereof And to break open in the day-time any House and upon Warrant under the Hands and Seals of two or more of the said Commissioners any Chest Trunk or Box or other things where any such Goods are and to call to their Assistance the Constables Tythingmen and Headboroughs within the Counties Cities Towns or places where any refusal neglect or resistance shall be made which said Officers and Forces are hereby required to be aiding and assisting in the premisses as they will answer the contrary at their perils And if any question or difference happen upon taking of such Distresses betwéen the Parties distressed or distrained the same shall be ended and determined by the said Commissioners or any two or more of them And if any person or persons shall refuse or neglect to pay his or their Assessment In what case imprisonment may be for lack of distress and convey his or their Goods or other personal Estate whereby the summe of money so assessed cannot be levied according to this Act then the respective Commissioners or any two or more of them are hereby authorised to imprison the person except a Péer or Péers of this Realm and him and them in prison to detain and keep until the money so assessed and the charges for the bringing in the same be paid and satisfied and no longer And the several and respective Tenants or Tenant of all Houses and Lands Tenants to pay such sums as be rated upon their Landlords which shall be rated by vertue of this Act are hereby required and authorised to pay such summe or summes of money as shall be rated upon such House or Lands and to deduct out of the Rent so much of the said rates as in respect of the said Rents of every such House and Lands the Landlord should or ought to pay and bear And the said Landlords both mediate and immediate according to their respective Interests are hereby required to allow such deductions and payments upon the Receipt of the residue of the Rents And it is Enacted and Declared That every Tenant paying the said Assessment And be acquitted against them for so doing shall be acquitted and discharged for so much money as the said Assessment shall amount unto as if the same had béen actually paid unto such person or persons unto whom his Rents should have béen due and payable And if any difference shall arise betwéen Landlord and Tenant The Commissioners may determine differences between Landlords and Tenants about Rates or any other concerning the said Rates the said several Commissioners or any two or more of them in their several divisions shall and have hereby power to settle the same as they shall think fit And if any Person or Persons shall find him or themselves agrieved in that the Assessors have over-rated him or them and shall within six days after demand made of the summe of money assessed on him or them complain to two or more Commissioners whereof one of the Commissioners who signed or allowed his or their Assessment to be one The said Commissioners or any two or more of them shall have and have hereby power within twelve days after the demand of the Assessment as aforesaid to relieve such person or persons and to charge the same on such other person or persons as they shall see cause And in case the proportions set by this Act upon all and every the respective Counties Cities Towns and Places shall not be fully assessed levied and paid according to the true meaning thereof Rates upon persons not of ability or empty houses or that if any of the said Assessments shall be rated and imposed upon any person not being of ability to pay the same or upon any empty or void House or Land where the same cannot be collected or levied or that through any wilfulness negligence or mistake or accident the said Assessment charged upon each County City Town or Place by vertue of this Act happens not to be paid to the Receiver-General of the respective Counties as in this Act is directed that then in all and every such cases the several and respective Commissioners Assessors and Collectors aforesaid and every of them respectively are hereby authorised and required to assess or re-assess or cause to be assessed or re-assessed levied and paid all and every such sum or sums of money upon the respective Counties Cities Towns and Places or upon any of the Divisions Hundreds and Parishes therein as to the said Commissioners or such number of them as by this Act are authorised to cause the first Assessment hereby required to be made shall séem most agréeable to equity and justice the said new Assessment to be made collected and paid in such manner and by such means as in this Act for this Assessment is delared and directed The punishment of persons neglecting to perform