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A84524 A collection of the statutes made in the reigns of King Charles the I. and King Charles the II. with the abridgment of such as stand repealed or expired. Continued after the method of Mr. Pulton. With notes of references, one to the other, as they now stand altered, enlarged or explained. To which also are added, the titles of all the statutes and private acts of Parliament passed by their said Majesties, untill this present year, MDCLXVII. With a table directing to the principal matters of the said statutes. By Tho: Manby of Lincolns-Inn, Esq.; Public General Acts. 1625-1667 England and Wales.; Manby, Thomas, of Lincolns-Inn. 1667 (1667) Wing E898; ESTC R232104 710,676 360

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and others Commissioners may treat with persons concerned for their Interests in houses obstructing such passage Be it Enacted by the Authority aforesaid That the Lord Mayor of the City of London the Recorder and Aldermen for the time being together with such other Commissioners as his Majesty shall appoint under the Great Seal of England or any five of them shall have full Power and Authority to receive all Subscriptions and payments of voluntary contributions of money or other endowments towards the Amendment and Enlargement of the Stréets and Places before-named or so much of them or any of them as the said Commissioners or any five or more of them shall judg fit and necessary And are hereby further impowred to treat and agree with the Owners and Occupiers of any such Houses as they shall judg fit to be removed rebuilt or pulled down or any part of them and upon payment of such sum or sums of money so agréed upon are hereby authorized to appoint Workmen to pull the said houses down or cause the said Owners or Occupiers to rebuild accordingly and this Act shall be sufficient to indempnify the said Commissioners and all persons authorized by them against the Heirs Executors Administrators or Assigns of any the said Owners or Occupiers as if the same had béen sold by Déed Feoffment Bargain and Sale or other Assurance in the Law and done by Fine and Recovery or any other way whatsoever And if there shall be any persons Bodies Corporate or Collegiate that shall wilfully refuse to treat and agrée as aforesaid or through any disability by Non-age Coverture or a special Entail or other Impediment cannot That in such Cases the said Commissioners are hereby authorized by vertue of this Act to issue out Warrant or Warrants to the Sheriffs of London who are hereby required accordingly to impannel and return a Iury before the said Commissioners or any five of them which Iury upon their Oaths to be administred by the said Commissioners are to enquire and assess such damage and recompence as they shall judg fit to be awarded to the Owners and Occupiers or either of them of any such houses or any part thereof for their respective Estates and Interests in the same as by the said Commissioners shall be adjudged fit to be pulled down for the purposes aforesaid and such Verdict of the Iury and Iudgment of the said Commissioners thereupon and the legal payment or tender of the sum or sums of money so awarded and adjudged shall be binding to all intents and purposes against the said Parties their Heirs Executors Administrators and Assigns and others claiming any Title or Interest in the said Houses or in the ground whereupon they stand or thereunto belonging and shall be a full Authority for the said Commissioners or any five of them to cause the same to be executed and the said Houses accordingly to be removed and pulled down And whereas the Houses that shall remain standing on the other side the said Stréet or Stréets or behind the said houses that shall be so pulled down as aforesaid will receive much advantage in the value of their Rents by the liberty of Ayr and frée recourse for Trade and other conveniencies by such enlargement It is also Enacted by Authority aforesaid That in case of refusal or in capacity What may be done in case of refusal to compound with the Commissioners as aforesaid of the Owners or Occupiers of the said houses to agrée and compound with the Commissioners for the same thereupon a Iury shall and may be Impanelled in manner and form aforesaid to Iudg and Assess upon the Owners and Occupiers of such houses such competent sum or sums of money or Annual Rent in consideration of such Improvement and Melioration as in reason and good Conscience they shall judg and think fit which said sum and sums of money or Rent shall be paid to the Chamberlain of the City of London for the time being and such other Treasurer or Treasurers as shall be appointed by the said Commissioners or any five or more of them who are hereby enabled from time to time to receive and recover the same by Action at Law and whose Receipt shall be a good discharge to the said Owners and Tenants and who are hereby appointed to receive and pay and be accomptable for the same according to such directions as shall from time to time be given them by the said Commissioners and the moneys so raised or Rents so received shall be expended upon the Purchasing or Re-building houses on the other side the Stréet and upon Paving and amending of the Ways and Stréets aforesaid according to the purport of this Act. And the said Verdict of the Iury and Iudgment of the Commissioners in the cases aforesaid shall be sufficient and conclusive in Law to all intents and purposes against the said Owners and Occupiers their Heirs Executors Administrators and Assigns Every Commissioner to take an Oath for the faithful performance of this Act. Provided alwayes And be it further Enacted by the Authority aforesaid That no person shall be enabled to act as a Commissioner to the intents and purposes aforesaid untill he shall first have taken his Corporal Oath before the Lord Chancellor or Lord High Treasurer of England for the time being for the due and impartial execution of the Trusts by this Act committed to him Lord Mayor and Aldermen to be commissioners in London The Dean High steward Deputy-steward and two High Burgesses in Westm The continuance of this Act. Provided also That the Lord Mayor Recorder and Aldermen of the City of London for the time being shall be and are hereby authorized to be Ioynt-Commissioners and to exercise all the Powers of this Act to all the ends and purposes thereof which are to be ordered done or executed within the said City or the Liberties thereof And likewise That the Dean of Westminster the High Steward and his Deputy-Steward and the two High Burgesses of the said City of Westminster for the time being shall be and are hereby authorized to be Ioynt-Commissioners and to exercise all the Powers of this Act to all the ends and purposes thereof which are to be ordered done or executed within the said City of Westminster or the Liberties thereof Any thing in this Act to the contrary notwithstanding This Act to continue and be in force untill the end of the First Session of the next Parliament Anno XIV Caroli II. Regis CAP. III. For Ordering the Forces in the several Counties of this Kingdome The sole and supream power and command of the Militia in the Kings Majesty his heirs and Successors 13 Car. 2. cap. 6. FOrasmuch as within all His Majesties Realms and Dominions the sole and Supream Power Government Command and Disposition of the Militia and of 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
of any of 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 free consent as aforesaid Any Law Statute Custom or Vsage to the contrary notwithstanding Be it notwithstanding 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 in the year of our Lord How carriages shall be provided for his Majesties Navy and Ordnance One thousand six hundred sixty and two as often as the Service of his Majesties Navy or Ordnance shall require any Carriages by Land within the Kingdom of England and Dominion of Wales and Town of Berwick upon Tweed upon notice given in writing by Warrant under the hand and seal of the Lord High Admiral of England for the time being or under the hands and seals of two or more of the principal Officers or Commissioners of his Majesties Navy or under the hand and seal of the Master of his Majesties Ordnance for the time being or under the hand and seal of the Lieutenants of his Majesties Ordnance for the providing of Carriages for the respective service of the Navy or Ordnance unto two or more Iustices of the Peace dwelling near unto the place where the said Iustices of the Peace may and shall immediately issue forth their Warrants to such of the adjacent Parishes Hundreds or Divisions as they shall judge fit within their respective Counties and Divisions not being above Twelve Miles distant from the place of lading for the sending to a certain place and at certain times to be specified and appointed in the said Warrants such numbers of Carriages with Horses or Oxen sufficient for the said service as by the Lord high Admiral of England for the time being or by the Master or Lieutenant of his Majesties Ordnance for the time being or by the principal Officers or Commissioners of his Majesties Navy respectively as abovesaid shall be by writing under their hands and seals required the Owners of which Carriages or their Servants The rates allowed for carriages shall receive for every Load of Timber per mile one shilling for every reputed mile which they shall go laden and for other Provisions the summe of eight pence per mile for every Tun they shall carry And be it further Enacted by the Authority aforesaid That it may and shall be lawful for the Lord High Admiral of England for the time being by Warrant under his hand and seal and also for the principal Officers and Commissioners of his Majesties Navy by Warrants under the hands and seals of any two or more of them as also for the Master of his Majesties Ordnance for the time being by Warrant under his hand and seal and also for the Lieutenant of his Majesties Ordnance by Warrants under the hands and seals of either of them as often as the service of his Majesties Navy or Ordnance respectively shall require any Carriage by Water Impressing of persons ships vessels for carriages to appoint such person or persons as they shall judge fitting to Impress and take up such Ships Hoys Lighters Boats or any other Vessel whatsoever as shall be necessary for the Accommodation of his Majesties said service the Owners of which said Ships Hoys Lighters Boats or other Water-Carriage aforesaid or such as they shall appoint shall receive for the hire of every such Ship Hoy Lighter Boat or other Vessel per Tun according to the Rates usually paid by Merchants from time to time And in case his Majesties Officers and the Owners of such Ships Hoys Lighters Boats or other Vessels shall not agree on the said rates then the rate to be setled by the Brotherhood of Trinity-house of Deptford-Strand And be it further Enacted by the Authority aforesaid Penalty upon such as neglect or refuse That in case any of his Majesties Subjects of this Realm shall refuse or wilfully neglect after reasonable notice to make their appearance with such sufficient carriages by Land or to fit provide and furnish their Ships Hoys Lighters Boats or other Vessels for the service of his Majesties Navy or Ordnance as is before expressed or shall after they have undertaken such service neglect or delay the same that then upon due proof and conviction of such refusal or neglect by the Oath of the Constable or other Officer or two other credible witnesses before the said Iustices of 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 for the Land-Carriages and for the Water-Carriages by the Oath of such person as shall be appointed by the Lord High Admiral the principal Officers or Commissioners of his Majesties Navy the Master of his Majesties Ordnance or the Lieutenant of his Majesties Ordnance as aforesaid or other two credible witnesses before the principal Officers or Commissioners of his Majesties Navy or Master or Lieutenant of his Majesties Ordnance respectively which Oath they shall have likewise power to administer the Party so refusing or neglecting shall for every such refusal or neglect forfeit the sum of Twenty shillings for the Land-carriage and for Carriage by Water treble the freight of such Ship or Vessel not excéeding Fifty pounds in the whole to the Kings Majesties use to be forthwith levied in default of payment upon demand by distress and sale of his Goods and Chattels by Warrant from the said Iustices of the Peace Mayor or other chief Officer or from the principal Officers or Commissioners of his Majesties Navy or Master or Lieutenant of his Majesties Ordnance respectively rendring to the Parties the overplus upon every such Sale if there shall be any the charge of distraining being first deducted The time of continuance in the service Provided always that no Horses Oxen Cart Wayn or other Land-Carriage shall be enforced to Travail more days Iourney from the place where they receive their lading or be compelled to continue longer in the imployment then shall be appointed by the Order of the said Iustices of the Peace and that ready payment shall be made in hand for the said Carriages at the place of lading without delay Present payment to be made according to the aforesaid Rates Provided always That in case any Iustice of the Peace Mayor chief Officer or Constable or any person or persons which shall be appointed by the Lord High Admiral the principal Officers or Commissioners of his Majesties Navy the Master of his Majesties Ordnance or the Lieutenant of his Majesties Ordnance as aforesaid respectively shall take any gift or reward to spare any person or persons No gifts or rewards may be taken by Iustices of the Peace
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
should sit and méet should have full Power and Authority to Hear Examine Order and Decrée all and every such Cause and Causes in a brief and summary course without formalities of pleadings or procéedings with Power to warn Parties to come before them and to examine upon Oath any Witnesses that should be produced and to commit to Prison any Person that should wilfully disobey their final Orders and Decrées And the Commissioners to sit once wéekly upon the Execution of the said Commission with a liberty in the said Act for any person grieved by any such Sentence or Decrée to exhibite his Bill in Chancery for the re-examination of such Sentence or Decrée as by the said Act relation being thereunto had more at large may appear But forasmuch as by the said recited Act without five Commissioners there cannot be a Court and without there be a Court they cannot procéed in the execution of their Commission so much as to summon Parties or Witnesses to appear And in case of neglect or refusal of any Party or Witness to appear they have no power to punish the delay or contempt with Costs or otherwise And it is provided by the said Act That not any Commissioner other then the Iudge of the Admiralty or the Recorder of London shall procéed in the execution of such Commission before he hath taken his Oath before the Lord Maior and Court of Aldermen to procéed uprightly and indifferently betwéen party and party which upon the renewing of the said Commission often proves a great delay there being so many Commissioners to be Sworn and the Court of Aldermen not sitting at sometimes in the year when the said Commissions have happened to be renewed And although the said Commissioners upon their final Sentence have power to commit to Prison any person that shall wilfully disobey their said Sentences or Decrées yet they have no power to make any Order against the Ship or Goods which commonly are the things assured by which Omissions for want of Power given by the said Act the benefits intended by the said Act of Parliament are much retarded and the mischiefs by the Act endeavoured to be prevented much increased For remedy whereof Be it Enacted and Ordained And it is hereby Enacted and Ordained 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 from and after the Four and twentieth day of June which shall be in the year of our Lord One thousand six hundred sixty and two it shall and may be lawful to and for the Lord Chancellor or Lord Kéeper of the Great Seal of England for the time being Three Commissioners impowred to act to issue out yearly or oftner if néed require one standing Commission under the Great Seal of England thereby impowring and authorizing the said Commissioners or any thrée of them whereof a Doctor of the Civil Law or a Barrister at Law of five years standing at the least to be always one to meet and sit and make a Court and procéed in all things in the execution of the said Commission as before by the said Act any Five might have done And that the said Commissioners or any such thrée of them as aforesaid be and hereby are impowred to Summon Parties and Witnesses to appear and in case of contempt or wilful delay in the Witnesses upon the first Summons and tender of reasonable Charges and in the Parties upon their second Summons Costs to punish the Offenders by Imprisonment or Costs for such time and in such manner as shall be reasonable and according to the nature and quality of their offences And that it shall and may be lawful to and for every such Commissioner to procéed in the execution of the said Commission Lord Mayor of London may administer the Oath having first taken an Oath before the Lord Mayor of the City of London for the time being only to procéed uprightly and indifferently betwéen party and party And the said Lord Mayor is hereby Authorized to give such Oath Any thing in the said Act to the contrary notwithstanding And that no person shall procéed in Execution of the said Commission before he be first Sworn before the Lord Mayor of London for the time being to procéed uprightly and indifferently betwéen party and party as formerly he should have béen before the Lord Mayor and Court of Aldermen Be it also Enacted by the Authority aforesaid That in case the said Commissioners Commissions out of the Admiralty Court to examine Witnesses beyond Sea or any such thrée of them as aforesaid shall find cause to examine Witnesses beyond the Seas or any remote parts of his Majesties Dominions for the clearing of any doubt or matter before them depending that in such case by direction of the said Commissioners or any such thrée of them like Commissions or Process shall issue out of the Court of Admiralty as have formerly béen for the purposes aforesaid returnable before the said Commissioners And that the said Commissioners or any such thrée of them shall have also power to give and pass their final Sentence Decrée and Executions as well against the body of the party evicted or his goods as also against the Executors and Administrators of such party so evicted And to Assesse Costs of Suit upon such person or persons as shall be condemned by the Decrée of the said Court as to them shall séem Iust And forasmuch as many Witnesses as Sea-men and others come and spéedily go again to Sea Witnesses going to see how to be examined before before a Court can be summoned by which means the Assured and Assurers are many times much damnified For the preventing of which mischief Be it also Enacted by the Authority aforesaid That it shall and may be lawful to and for any one of the said Commissioners to Administer an Oath to any Witness legally summoned to give testimony timely notice being thereof given to the Adverse party and set up in the Office before such examination to the end such Witness or Witnesses may be cross-examined Provided always That the said Commissioners shall in no case procéed both against person and goods for one and the same debt And provided also Appeal to the Chancery That any thing in this Act contained shall not in any wise extend to prejudice the appeal to the High Court of Chancery given or allowed in the said former Act of Parliament CAP. XXIV An Act Declaratory concerning Bankrupts WHereas divers Noblemen Gentlemen and persons of quality no ways bred up to Trade or Merchandize do oftentimes put in great stocks of money into the East-India Company or Guiney Company and the Fishing Trade and such other publike Societies and receive the procede of those Stocks sometimes in ready monies sometimes in Commodities which they usually sell for money or exchange again by which means the Trade of those Companies is
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
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
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 ●●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
Continued 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 That an Act made in the Fourtéenth year of the Reign of Our Soveraign Lord the King that now is 14 Car. 2. cap. 23. Entituled An Act for preventing Abuses in Printing Seditious Treasonable and Unlicensed Books and Pamphlets and for Regulating of Printing and Printing Presses shall be continued with the Alterations and Additions made in and by this Act and shall remain in force until the end of the First Session of the next Parliament And be it further Enacted That from and after the Six and twentieth day of December One thousand six hundred sixty five Three printed Copies of every Book in London how to be disposed Every Printer within the City of London or in any other place except the Two Vniversities 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 by the said Master of the said Company of Stationers within Ten days after he hath so received the same be delivered to the Kéeper of His Majesties Library and the other two within the said ten days to be sent to the Vice-Chancellour of the two Vniversities respectively for the use of the publick Libraries of the said Vniversities Books printed in the Vniversities And it is further Enacted That the Printers in the said Vniversities and every of them respectively from and after the said Six and twentieth day of December shall deliver one such Printed Copy as aforesaid of every Book so new Printed or reprinted in the said Vniversities or in either of them to the Kéeper of His Majesties Library as aforesaid as also to the Vice-Chancellour of either of the said Vniversities for the time being two other such Printed Copies for the use of the publick Libraries of the said Vniversities respectively And if any of the printers aforesaid or the said Master of the Company of Stationers shall not observe the direction of this Act therein That then he and they so making default in not delivering the said printed Copies as aforesaid shall severally forfeit besides the value of the said printed Copies the sum of Five pounds for every Copy not so delivered as also the value of the said printed Copies not so delivered The same to be recovered by His Majesty His Heirs and Successors and by the Chancellour Masters and Scholars of either of the said Vniversities respectively by Action of Debt Bill Plaint or Information in any of His Majesties Courts of Record at Westminster wherein no Essoyn Protection or Wager of Law shall be allowed CAP. V. Thomas Dolman Joseph Bampfeild and Thomas Scot attainted of High Treason if they render not themselves by a Day IN all humble manner shew unto Your most Excellent Majesty Your Majesties most Dutiful and Loyal Subjects the Lords Spiritual and Temporal and Commons Assembled in Parliament That whereas it is notoriously known that Thomas Dolman Joseph Bampfeild alias Stepner and Thomas Scot Son of Thomas Scot lately Executed as a Most execrable Traitor one of the horrid bloudy murderers of His late Royal Majesty King Charles the First of ever blessed memory contrary to the duty of their Allegiance have most traiterously and wickedly adhered and still do adhere to Your Majesties Enemies beyond the Seas where they as yet remain and commit divers Treasonable acts without any sense of loyalty to Your Majesty or of natural affection to their native Country 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 consent and advice of the Lords Spiritual and Temporal and Commons in this present Parliament Assembled That if the said Thomas Dolman Joseph Bampfeild alias Stepner and Thomas Scot Thomas Dolman Joseph Bampfeild Thomas Scot. shall not return into the Realm of England and render themselves to some or one of His Majesties Iustices of the Peace for the County wherein he or they shall first arrive at or before the first day of February next ensuing and also abide their Legal Trial for such their Treasons Then every of them the said Thomas Dolman Joseph Bampfeild alias Stepner and Thomas Scot not rendering himself as aforesaid or not abiding his Trial aforesaid shall from and after the said First day of February stand and be adjudged attainted of High Treason to all intents and purposes whatsoever and shall suffer and forfeit as a person attaint of High Treason by the Laws of the Land ought to suffer and forfeit And be it further Enacted by the Authority aforesaid Persons beyond Sea by Proclamation are required to return into England That all and every person and persons who now are or hereafter shall be beyond the Seas and whom His Majesty by any of His Royal Proclamations to be issued under the Great Seal of England during the continuance of this War with the States of the United Provinces shall name and require to return into England and render themselves by a certain day therein to be mentioned to some or one of His Majesties Iustices of the Peace for the County wherein he or they shall first arrive and shall not return and render themselves accordingly and abide their legal Trial shall from and after the day to them to be prefixed by such Proclamation stand and be attainted of High Treason to all intents and purposes and shall suffer such pains and penalties and undergo all such forfeitures as persons attainted of High Treason ought to do The time by such Proclamation Three moneths at least Provided That the time to be prefixed by such Proclamation for the persons therein to be named to render themselves be not less then the time and term of Thrée Calendar moneths from and after the Date of such Proclamation And be it further Declared and Enacted by the Authority aforesaid Persons Serving the States of the Vnited Provinces during the War That all and every His Majesties Subjects who from and after the First day of February next ensuing shall at any time during the continuance of the said War serve the States of the United Provinces either by Land or Sea as a Souldier or Seaman on this side the Straights Or from and after the First day of May in the year of our Lord One thousand six hundred sixty and six within the Straights Or from and after the First day of August in the said year One thousand six hundred sixty six in Africa or America or any where beyond the Straights on this side the Equinoctial Or from and after the First day of February in the said year One thousand six hundred sixty six in
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 punishm●●● of some particular offences therein mentioned And by the Statute made in the One and t●●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 ●●●minable in 〈◊〉 Star-Chamber ma● be ●●●●●nable and 〈◊〉 ●●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-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
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 di●●●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 In●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
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
and other his Lieges of this Realm conducted his Majesty unto His Royal Cities of London and Westminster with all possible Expressions of their Ioy and Loyal Affections in far greater Triumph than any of his most Victorious Predecessors Kings of England returned thither from their Forreign Conquest and both his Majesties Houses of Parliament with all Dutiful and Ioyful Demonstrations of their Allegiance publickly received and cordially congratulated His Majesties most happy Arrival and Investiture in his Royal Throne at his Palace at White-Hall Vpon all which considerations this being the Day which the Lord himself hath made and crowned with so many publick Blessings and signal Deliverances both of his Majesty and his People The intent of keeping the said Day from all their late most deplorable Confusions Divisions Wars Devastations and Oppressions to the end that it may be kept in perpetual Remembrance in all Ages to come and that his Sacred Majesty will with all his Subjects of this Realm and the Dominions thereof and their posterities after them might annually celebrate the perpetual memory thereof by sacrificing their unfeigned hearty publick Thanks thereon to Almighty God with one heart and voice in a most devout and Christian manner for all these publick benefits received and conferred on them upon this most joyful Day Be it therefore Enacted by the Kings most Excellent Majesty the Lords and Commons in this present Parliament assembled and by the Authority of the same That all and singular Ministers of Gods Word and Sacraments in every Church Chappel and other usual place of Divine Service and publick Prayer which now are or hereafter shall be within this Realm of England and the respective Dominions thereof and their Successors shall in all succéeding Ages annually celebrate the Twenty Ninth day of May The 29th of May to be annually celebrated by rendring their hearty publick Praises and Thanksgivings unto Almighty God for all the forementioned Extraordinary Mercies Blessings and Deliverances received and mighty Acts done thereon and Declare the same to all the people there assembled and the Generations yet to come that so they may for ever praise the Lord for the same whose Name alone is Excellent and his Glory above the Earth and Heavens And be it further Enacted All persons to resort to some Church Chappel or publique Place of Thanksgiving the said day That all and every person and persons inhabiting within this Kingdom and the Dominions thereunto belonging shall upon the said day annually resort with diligence and devotion to some usuall Church Chappel or Place where such publick Thanksgivings and Praises to Gods most Divine Majesty shall be rendred and there orderly and devoutly abide during the said publick Thanksgivings Prayers Preaching Singing of Psalmes and other Service of God there to be used and ministred And to the end that all persons may be put in mind of their duty thereon and be the better prepared to discharge the same with that piety and devotion as becomes them Be it further Enacted Notice of this Act to be given the next Lords Day before That every Minister shall give notice to his Parishioners publickly in the Church at morning Prayer the Lords Day next before every such Twenty Ninth day of May for the due observation of the said day And shall then likewise publickly and distinctly read this present Act to the people St. 13 Car. 2. cap. 11. CAP. XV. An Act for the speedy Disbanding of the Army and Garrisons of this Kingdom with Instructions for the same EXP. CAP. XVI Souldiers of the Army Disbanded may Exercise Trades WHereas there are divers Officers and Souldiers now in the Kings Majesties Service Souldiers instrumental in His Majesties Restauration under the Command of his Excellency George Duke of Albemarle Captain General of His Majesties Armies who have béen Instrumental by the Blessing of Almighty God to the Happy Restitution and Restoration of his Sacred Majesty unto His Kingdomes and People and to His Iust Right of Government in the Kingdom of England and the Dominions and Territories thereunto belonging some of which are men that used Trades others that were Apprentices to Trades who had not served out their Times and others who are Apt and Fit for Trades many of which the Wars being now ended would willingly Imploy themselves in those Trades they were formerly accustomed unto or which they are apt and able to follow and make use of for the getting of their Living by their Labour and Industry but are or may be hindred from exercising those Trades in certain Cities Corporations and other places within this Kingdom because of certain by-Lawes and Customs of those places and of a Statute made in the Fifth year of the late Quéen Elizabeth Prohibiting the use of certain Trades by any person that hath not served as an Apprentice to such Trade by the space of seven years Such as were in Service under General Monk 25. April 1660. and instrumental in his Majesties restitution may exercise Trades For remedy whereof And to the end that those persons who were in Actual Service under the Command of the said Captain General on the Five and twentieth day of April in the year of our Lord One thousand six hundred and sixty and were Instrumental to the Happy Restitution of the Kings Majestie unto his Iust Right of Government as aforesaid may not be deprived of a Means of Livelyhood May it please your Majesty that it may be Enacted and be it Enacted by the Kings most Excellent Majesty and the Lords and Commons in this present Parliament assembled and by the Authority thereof That all such Officers and Souldiers who were under the Command of the said Captain General on the Five and twentieth day of April Such as have deserted the Service or refuse the Oath of Allegiance excepted in the said year of our Lord One thousand six hundred and sixty and have not since deserted the Service or refused to take the several Oaths of Supremacy and Allegiance unto the Kings Majesty that now is his Heirs and Successors and that have heretofore used or exercised any Trade though they did not serve out the time of their Apprentiship or any other person imployed as aforesaid under the Command of the said Captain General at the time aforesaid that is apt and able to practise any Trade may set up and exercise such several and respective Trades Mysteries or occupations whereunto he or they have béen bound Apprentice and served any Part of his or their time or any Handicraft or other Trade exercised about Manufactures though he was never bound Apprentice to the same Apprentices to enjoy all Immunities as it they had served their Time in manner following that is to say Such of them as have béen Apprentices as aforesaid may set up and exercise such several and respective Trades whereunto he or they have béen so bound Apprentices as fully as if they had served out their
Protection or Wager of Law shall be allowed And be it further Enacted by the Authority aforesaid That for every Ship or Vessel which from and after the Five and twentieth day of December Ships of England Ireland or Wales Sailing to any English plantation of America Asia or Africa shall be bound with sureties to bring goods there loaded into England c. in the year of our Lord one thousand six hundred and fifty shall set sail out of or from England Ireland Wales or Town of Berwick upon Tweed for any English Plantation in America Asia or Africa sufficient bond shall be given with one surety to the chief Officers of the Custom-house of such Port or place from whence the said Ship shall set sail to the value of one thousand pounds if the ship be of less burthen then one hundred Tuns and of the sum of two thousand pounds if the Ship shall be of greater burthen That in case the said ship or vessel shal load any of the said Commodities at any of the said English plantations that the same Commodities shall be by the said ship brought to some Port of England Ireland Wales or to the Port or Town of Berwick upon Tweed and shall there unload and put on shore the same the danger of the Seas only excepted And for all ships coming from any other Port or Place to any of the aforesaid plantations who by this Act are permitted to trade there that the Governor of such English plantations shall before the said ship or Vessel be permitted to load on board any of the said Commodities take Bond in manner and to the value aforesaid for each respective Ship or Vessel That such Ship or Vessel shall carry all the aforesaid Goods that be laden on board in the said ship to some other of His Majesties English Plantations or to England Ships coming from other places to any of those plantations Ireland Wales or Town of Berwick upon Tweed And that every ship or Vessel which shall load or take on board any of the aforesaid Goods untill such Bond given to the said Governor or Certificate produced from the Officers of any Custom-house of England Ireland Wales or of the Town of Berwick that such bonds have béen there ●●ly given shall be forefeited with all her Guns Tackle Apparel and Furniture to be imployed and recovered in the manner as aforesaid And the said Governors and every of them shall twice in every year after the First day of January The respective Governors to return the bonds taken twice yearly to the chief offices of the custom in London One thousand six hundred and sixty return true Copies of all such Bonds by him so taken to the chief Officers of the Customs in London St. 13. Car. 2. cap. 14. CAP. XIX For preventing Frauds and concealments of Customs and Subsidies 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 That if any person or persons at any time after the first day of September One thousand six hundred and sixty Persons which shall convey away any goods without entry agreement for the custome shall cause any Goods for which Custom Subsidy or other Duties are due or payable by vertue of the Act passed this Parliament Entituled A Subsidy Granted to the King of Tunnage and Poundage and other sums of money payable upon Merchandize Exported and Imported to be landed or conveyed away without due entry thereof first made and the Customer or Collector or his Deputy agréed with That then and in such case upon Oath thereof made before the Lord Treasurer or any of the Barons of the Exchequer or chief Magistrate of the Port or place where the offence shall be committed or the place next adjoyning thereunto The penalty it shall be lawful to and for the Lord Treasurer or any of the Barons aforesaid or chief Magistrate of the Port or place where the offence shall be committed or the place next adjoyning thereunto to issue out a Warrant to any person or persons thereby enabling him or them with the assistance of a Sheriff Iustice of Peace or Constable to enter into any house in the day time where such Goods are suspected to be concealed and in case of resistance to break open such houses and to seize and secure the same goods so concealed And all Officers and Ministers of Iustice are hereby required to be aiding and assisting thereunto Provided alwayes That no house shall be entred by vertue of this Act No proceeding against any upon this Act unless within one month after the offence committed The continuance of this Act. Damages and costs against false informers unless it be within the space of one Moneth after the offence supposed to be committed Provided also That this Act shall continue in force unto the end of the first Session of the next Parliament and no longer Provided also That if the Information whereupon any house shall come to be searched shall prove to be false that then and in such case the party injured shall recover his full damages and costs against the Informer by Action of Trespass to be therefore brought against such Informer St. 13 Car. 2. cap. 7. CAP. XX. For raising Sevenscore thousand pounds for the compleat Disbanding of the whole Army and paying off some part of the Navy by a two Moneths Assesment of 70000 l. per mensem beginning from the first of November 1660. EXP. Stat. 13 Car. 2. cap. 6. CAP. XXI An Act for the speedy raising of Seventy thousand pounds for the present supply of His Majesty EXP. Stat. 13 Car. 2. cap. 6. cap. 10. CAP. XXII Bay-making in the Dutch Bay-Hall in Colchester regulated CAP. XXIII Certain Impositions upon Beer Ale and other Liquors For the Encrease of His Majesties Revenue during His Life THe Commons assembled in Parliament in gratitude for an humble acknowledgment of Your Majesties great Grace and Favour to us Your Commons beyond Example of any Your Royal Progenitors expressed in many publick Acts and Declarations to the great rejoycing and general satisfaction of all Your people The ra●es given to his Majesty for life which they desire to answer with returns suitable and excéeding the Examples of any of their Ancestors for the encreasing of your Maiesties Revenue during Your Maiesties Reign which God long continue Do therefore give and grant unto your most Excellent Majesty the Rates and Duties Impositions Charges and sums of Money herein after following And do beséech your Majesty that it may be Enacted And be it Enacted by the Kings most Excellent Maiesty by and with the advice and consent of the Lords and Commons in Parliament Assembled That from and after the twenty fifth day of December One thousand six hundred and sixty there shall be throughout your Maiesties Kingdom of England Dominion of Wales and Town of Berwick upon Tweed
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
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 ●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
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
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
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 3●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
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 soev●● 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
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 ●fficers ●●●ldiers or ●●●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
execution of their Office all and every person and persons so resisting affronting abusing beating or wounding the said Officer or Officers or their Deputies or such as shall Act in their aid or assistance shall by the next Iustice of Peace or other Magistrate be committed to Prison there to remain till the next Quarter-Sessions And the Iustices of the Peace of the said Quarter-Sessions shall and are hereby impowered to punish the Offender by Fine not excéeding One hundred pounds and the Offender is to remain in Prison till he be discharged by Order of the Exchequer both of the Fine and of the Imprisonment or discover the person that set him on work to the end he may be legally procéeded against No goods to be Water-born or landed but in the presence of some Officer of the Customs And be it further Enacted by the Authority aforesaid That if any Wharfinger or Kéeper of any Wharf Crane Key or their servants or any of them shall take up or land or knowingly suffer to be taken up or landed or shall Ship off or suffer to be Water-born at or from any of their said Wharfs Cranes or Keys any Goods Wares or Merchandize prohibited or whereof any Custom Subsidy or other Duties are due and payable unto the Kings Majesty without the presence of some of the Officers of His Majesties Customs thereunto appointed or at hours and times not appointed by Law except in the Port of Hull 1 Eliz cap. 11. as in the Statute of the First year of Quéen Elizabeth Chapter the eleventh is excepted not otherwise or Goods passing by Certificates Waste-Cockquet The Penalty or otherwise without the presence or notice given to one or more of His Majesties Officers That in every such case all and every such Wharfinger and Kéeper of such Wharfe Crane or Key shall forfeit and pay the sum of One hundred pounds And if any Goods or Merchandize shall be Laden or taken in from the Shore into any Bark Hoy Lighter Barge Wherry or Boat to be carried aboard any Ship or Vessel Outwards bound for the parts beyond the Seas or Laden or taken in from or out of any Ship or Vessel coming in and arriving from foreign parts without a Warrant and presence of one or more Officers of the Customs such Bark Hoy Lighter Barge Boat or Wherry shall be forfeited and lost and the Master Purser Boatswain or other Mariner of any Ship Inward bound knowing and consenting thereunto shall forfeit the value of the Goods so unshipped And further That in case any Car-man Porter Water-man or other person or persons whatsoever shall assist in the taking up landing shipping off or carrying away any such Goods Wares or Merchandizes that then such Carman Porter Water-man or other person or persons so offending being apprehended by Warrant of any Iustice of the Peace for that County City or Borough which the said Iustices every of them are hereby Authorized to issue and to examine Witnesses upon Oath concerning such fact and the same being proved by the Oath of Two Witnesses the said Offenders for such first Offence shall and may by such Iustice of the Peace be committed to the next Gaol there to remain till he and they find sufficient Surety to be of the good behaviour for so long time until he they shall be thereof discharged by the Lord Treasurer Chancellor Vnder-Treasurer or Barons of the Exchequer And in case he or they so convicted shall afterwards at any time offend in the like kind then he and they shall and may by any Iustice of the Peace as aforesaid be committed to the next Gaol there to remain for the space of Two Moneths without Bail or Mainprize or until he shall pay unto the Sheriff of that County the sum of Five pounds for the use of His Majesty or until he shall by the Lord Treasurer Chancellor or Vnder-Treasurer or Court of Exchequer be thence discharged Be it further Enacted by the Authority aforesaid That if any Goods Wares or Merchandizes shall be shipped or put on Board to be carried forth to the open Sea from any one Port Goods carryed from one Port to another in England or Wales Créek or Member in the Kingdom of England Dominion of Wales or Port and Town of Berwick to be landed at any other place of this Realm without a Sufferance or Warrant first had and obtained from the said person or persons which are or shall be appointed for managing the Customs and Officers of his Majesties Customs all such Wares and Merchandizes shall be forfeited and lost and that the Master of every Ship or Vessel that shall lade or take in any such Goods Wares or Merchandizes in any Port Member or Créek within this Kingdom of England Dominion of Wales or Town and Port of Berwick to be landed and discharged in some other Port Member or Créek of the said Kingdom of England Dominion of Wales or Town and Port of Berwick shall before the Ship or Vessel be removed or carried out of the Port where he shall take in his lading take out a Cocquet or Cocquets and become bound to the Kings Majesty with good Security in the value of the Goods Wares and Merchandizes aforesaid for Delivery and Discharge thereof in the Port or place for which the same shall be entred as aforesaid or in some other Port or place within the said Kingdom of England Dominion of Wales or Port and Town of Berwick and the dangers and accidents of the Seas excepted to return a Certificate within Six moneths after the date of such Cocquet and Cocquets under the Hands and Seals of the Kings Majesties Officers Signed also by some of the said person or persons which are or shall be appointed by His Majesty for managing the Customs or their Deputy or Deputies in every respective Ports Members or Créeks where the same shall be landed and discharged to His Majesties Officers of the Customs to whom such security hath béen given as aforesaid that such Goods Wares and Merchandizes were there landed and discharged accordingly Officers of any Port making false certificate upon the penalty of the forfeiture of the Bond and Security aforesaid And be it hereby further Enacted That if any Officer of any Port Member or Créek shall grant or make any false Certificate of any Goods or Merchandizes which should have béen landed out of any Ship or Vessel That such Officer shall lose his Imployment and moreover forfeit the sum of Fifty pounds The Penalty and suffer one years Imprisonment without bail or mainprize and be incapable of serving his Majesty in any place of Trust concerning his Customs and be further liable to such Corporal punishment as the Court of Exchequer shall think fit Counterfeiting Cocquets Certificates c. The penalty And if any person whatsoever shall Counterfeit Rase or Falsifie any Cocquet Certificate or Return Transire Let-pass or any other Custom-house Warrant he shall forfeit
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
for the Establishing the Form of Making ●4 Car. 2. 〈◊〉 4 Ordaining and Consecrating of Bishops Priests and Deacons in the Church of England according to the said Act or any other subsequent Act. And whereas they or some of them and divers other person and persons not Ordained according to the Form of the Church of England and as have since the Act of Oblivion taken upon them to Preach in unlawful Assemblies Conventicles or Méetings under colour or pretence of Exercise of Religion contrary to the Laws and Statutes of this Kingdom have setled themselves in divers Corporations in England sometimes Thrée or more of them in a place thereby taking an opportunity to distill the poysonous Principles of Schism and Rebellion into the hearts of His Majesties Subjects to the great danger of the Church and Kingdom 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 Persons restrained from Inhabiting in Corporations and by the Authority of the same That the said Parsons Vicars Curates Lecturers and other persons in holy Orders or pretended holy Orders or pretending to holy Orders and all Stipendaries and other persons who have béen possessed of any Ecclesiastical or Spiritual Promotion and every of them who have not declared their unfeigned assent and consent as aforesaid and subscribed the Declaration aforesaid and shall not take and subscribe the Oath following The Oath I A. B. Do Swear That it is not lawful upon any pretence whatsoever to take 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 in pursuance of such Commissions And that I will not at any time endeavour any Alteration of Government either in Church or State And all such person and persons as shall take upon them to Preach in any unlawful Assembly Conventicle or Méeting under colour or pretence of any Exercise of Religion contrary to the Laws and Statutes of this Kingdom shall not at any time from and after the Four and twentieth day of March which shall be in this present year of our Lord God One thousand six hundred sixty and five unless onely in passing upon the Road come or be within Five miles of any City or Town Corporate or Burrough that sends Burgesses to the Parliament within His Majesties Kingdom of England Principality of Wales or of the Town of Berwick upon Tweed or within Five miles of any Parish Town or place wherein he or they have since the Act of Oblivion béen Parson Vicar Curate Stipendary or Lecturer or taken upon them to Preach in any unlawful Assembly Conventicle or Méeting under colour or pretence of any Exercise of Religion contrary to the Laws and Statutes of this Kingdom before he or they have taken and subscribed the Oath aforesaid before the Iustices of the Peace at their Quarter-Sessions to be holden for the County Riding or Division next unto the said Corporation City or Burrough Parish place or Town in open Court which said Oath the said Iustices are hereby Impowred there to Administer upon forfeiture for every such offence the sum of Fourty pounds of lawful English money The Penalty the one Third part thereof to His Majesty and his Successors the other Third part to the use of the poor of the Parish where the offence shall be committed and the other third part thereof to such person or persons as shall or will sue for the same by Action of Debt Plaint Bill or Information in any Court of Record at Westminster or before any Iustices of Assize Oyer and Terminer or Gaol-Delivery or before any Iustices of the Counties Palatine of Chester Lancaster or Durham or the Iustices of the great Sessions in Wales or before any Iustices of Peace in their Quarter-Sessions wherein no Essoign Protection or Wager of Law shall be allowed Provided always and be it further Enacted by the Authority aforesaid That it shall not be lawful for any person or persons restrained from coming to any City Town Corporate Burrough Parish Town or place as aforesaid or for any other person or persons as shall not first take and subscribe the said Oath and as shall not frequent Divine Service established by the Laws of this Kingdom and carry him or her self reverently decently and orderly there to Teach any publique or private-School or take any Boarders or Tablers that are Taught or Instructed by him or her self or any other upon pain for every such offence to forfeit the sum of Forty pounds to be recovered and distributed as aforesaid Provided also and be it further Enacted by the Authority aforesaid That it shall be lawful for any Two Iustices of the Peace of the respective County upon Oath to them of any offence against this Act which Oath they are hereby Impowred to Administer to Commit the Offender for Six moneths without Bail or Mainprise unless upon or before such Commitment he shall before the said Iustices of the Peace Swear and Subscribe the aforesaid Oath and Declaration Provided always That if any person intended to be Restrained by vertue of this Act shall without fraud or covin be Served with any Writ Subpoena Warrant or other Process whereby his personal appearance is required his obedience to such Writ Subpoena or Process shall not be construed an offence against this Act. CAP. III. For Uniting Churches in Cities and Towns Corporate FOrasmuch as the setled Provision for Ministers in most Cities and Towns Corporate within this Realm is not sufficient for the Maintenance of able Ministers fit for such places whereby Mean and Stipendary Preachers are entertained to serve the Cures there who wholly depending for their Maintenance upon the good will and liking of their Auditors have béen and are hereby under temptation of too much complying and suiting their Doctrine and Teaching to the humour rather then good of their Auditors which hath béen a great occasion of Faction and Schism and of the contempt of the Ministry The Lords and Commons in Parliament Assembled being deeply sensible of the ill consequence thereof and piously desiring able Ministers in such places and a competent setled Maintenance for them by the Vnion of Churches which is also become necessary by reason of the great Ruine of many Churches and Parishes in the late ill times and otherwise Do therefore most humbly beséech Your most Excellent Majesty That it may be Enacted and be it Enacted by the Kings most Excellent Majesty In what Cities and Towns and how Churches and Chappels may be united 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 in every City or Town Corporate and their Liberties within the Kingdom of England and Dominion of Wales which
the East-Indies or any part beyond the Equinoctial shall be and are hereby Attainted of High Treason and shall suffer and forfeit to all intents and purposes as persons Attainted of High Treason ought to do CAP. VI. Damage Cleere taken away WHereas the moneys which are taken by Prothonotaries of Your Majesties Courts of Kings Bench and Common Pleas and by the Clerk of Your Majesties Court of Exchequer at Westminster and the Prothonotary of Your Majesties Court of Common Pleas at Lancaster and the Prothonotaries and Clerks of other Your Majesties Courts within the Realm of England and Dominion of Wales in the name of Damna Clericorum or Damage Cléere Damna Clericorum are an unnecessary charge and burden to all Your Majesties Subjects who have good cause and are put to Sue for Damages in Actions where Damages are recoverable For avoiding of which inconveniencies for the future and that Your Majesties Subjects may have an easier means for the recovery of their damages and just rights which are unjustly detained from them May it please Your most Excellent Majesty that it may be Enacted And the Kings most Excellent Majesty being willing upon all occasions to ease His Subjects of all unnecessary charges and burdens is graciously pleased That it be Enacted And be it Enacted by the Kings most Excellent Majesty Shall determine and not be taken after the 29 day or September 1672. 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 immediately from and after the Twenty ninth day of September which shall be in the year of our Lord One thousand six hundred seventy two no Damage Cléere shall by any Title or Precept whatsoever be due payable taken or received from any person or persons in any Action whatsoever sued or prosecuted in any of His Majesties Courts at Westminster or elsewhere within the Kingdom of England or Dominion of Wales by any Prothonotary Clerk or Clerks or other Officer or Officers of the said Courts respectively And that from and after the day and year aforesaid the said Fée of Damna Clericorum or Damage Cléere shall wholly cease and be for ever abolished in the said Courts And that if any Prothonotary Clerk or Clerks or other Officer in any of the said Courts The Penalty shall take or exact any sum or sums of money in the name of Damna Clericorum or Damage Cléere or any thing in lieu thereof after the day and year above mentioned Or if any of the said Prothonotaries Clerk or Clerks or their Deputies at any time before the said Twenty ninth day of September in the year aforesaid shall exact or take any Damage Cléere or sum of money Bond or Security in lieu thereof from any Plaintiff or Plaintiffs Demandant or Demandants in any Action where Damages have béen or hereafter shall be recovered in any of the said Courts or shall refuse or delay to Sign any Iudgement until Damage Cléere be first paid by the Plaintiff or Demandant which are not to be paid unless forth of the moneys levied from or paid by the Defendants as is herein after provided and mentioned He or they so offending shall forfeit treble the sum so taken exacted or demanded to the party or parties grieved to be recovered by Bill Plaint or Information in any of the said Courts wherein no Essoyn Protection or Wager of Law shall be allowed Provided and be it further Enacted That until the Nine and twentieth day of September which shall be in the year of our Lord God In what cases only they may be taken until the 29 September 1672. One thousand six hundred seventy and two and no longer the Damage Cléere shall be paid answered and allowed out of such sum and sums of money onely as shall be actually levied or otherwise paid by or from the Defendants and onely for the proportion of the Sum and Sums of money which shall be so levied or otherwise paid as aforesaid and no more or otherwise CAP. VII For a more speedy and effectual proceeding upon Distresses and Avowries for Rents FOrasmuch as the ordinary Remedy for Arrearages of Rents is by Distress upon the Lands chargeable therewith And yet nevertheless by reason of the intricate and dilatory proceedings upon Replevins that Remedy is become ineffectual For remedy thereof It is Enacted by the Kings most Excellent Majesty with the Advice and Assent of the Lords Spiritual and Temporal Plaintiff in Replevin being nonsuit before issue joyned and Commons in this present Parliament Assembled and by Authority of the same That whensoever any Plaintiff in Replevin shall be Non-suit before Issue joyned in any Suit of Replevin by Plaint or Writ lawfully returned How the Defendant may Avow removed or depending in any of the Kings Courts at Westminster That the Defendant making a Suggestion in nature of an Avowry or Cognizance for such Rent to ascertain the Court of the cause of Distress The Court upon his Prayer shall award a Writ to the Sheriff of the County where the Distress was taken to enquire by the Oaths of Twelve good and lawful men of his Bayliwick touching the Sum in Arrear at the time of such Distress taken and the value of the Goods or Cattel distrained And thereupon notice of Fiftéen days shall be given to the Plaintiff or his Attorney in Court of the sitting of such Enquiry and thereupon the Sheriff shall enquire of the truth of the matters contained in such Writ by the Oaths of Twelve good and lawful men of his County And upon the Return of such Inquisition the Defendant shall have Iudgement to recover against the Plaintiff the Arrearages of such Rent in case the Goods or Cattel distrained shall amount unto that value And in case they shall not amount to that value then so much as the value of the said Goods and Cattel so distrained shall amount unto The Plaintiff nonsuit after Avowry made c. together with his full Costs of Suit and shall have Execution thereupon by Fieri facias or Elegit or otherwise as the Law shal require And in case such Plaintiff shal be nonsuit after Cognisance or Avowry made and Issue joyned or if the Verdict shall be given against such Plaintiff then the Iurors that are Impannelled or Returned to inquire of such Issue shall at the prayer of the Defendant inquire concerning the Sum of the Arrears and the value of the Goods or Cattel distrained And thereupon the Avowant or he that makes Cognisance shall have Iudgement for such Arrearages or so much thereof as the Goods or Cattel distrained amount unto together with his full Costs and shall have Execution for the same by Fieri facias or Elegit or otherwise as the Law shall require Iudgement upon Demurrer for the Avowant And be if further Enacted by the Authority aforesaid That if Iudgement in any of the Courts aforesaid
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 Ma●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
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 ●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 P●na●●s c. General ●ss●● Limitation of this act●on The Ecclesiastical ●●●●●diction 〈◊〉 abridge● 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
all Statutes and Acts of Parliament Acts that are to have continuance shall remain in fo●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
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
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 Ra●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
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
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
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
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
Territories to His Majesty in Africa Asia or America belonging or in his possession That it is alwayes to be understood and Provided that the Master and thrée fourths of the Mariners of the said Ships at least be also English And that where it is required that the Master and thrée fourths of the Mariners be English that the true intent and meaning thereof is that they should be such during the whole voyage unless in case of sickness Death or being taken Prisoners in the Voyage to be proved by the Oath of the Master or other chief Officer of such ships Goods of the growth or manufacture of Muscovy or Russia And it is further Enacted by the Authority aforesaid That no Goods or Commodities of the Growth production or Manufacture of Muscovy or of any the Countries Dominions or Territories to the great Duke or Emperor of Muscovy or Russia belonging As also that no sort of Masts Timber or Boards no foreign Salt pitch Tar Rozin Hemp or Flax Raisins Figs Prunes Olive Oyls no sorts of Corn or Grain Sugar Pot-ashes Wines Vinegar or Spirits called Aquavite or Brandy Wine shall from and after the First day of April which shall be in the year of our Lord One thousand six hundred sixty one be imported into England Ireland Wales or Town of Berwick upon Tweed in any Ship or Ships Vessel or Vessels whatsoever but in such as do truly and without fraud belong to the people thereof or of some of them as the true Owners and proprietors thereof and whereof the Master and Thrée Fourths of the Mariners at least are English Othoman or Turkish Emperor and that no Currants nor Commodities of the growth production or Manufacture of any the Countries Islands Dominions or Territories to the Othoman or Turkish Empire belonging shall from and after the first day of September which shall be in the year of our Lord One thousand six hundred sixty one be imported into any the forementioned places in any Ship or Vessel but which is of English built and Navigated as aforesaid and in no other Except only such forrain ships and vessels as are of the built of that Country or place of which the said Goods are the growth production or Manufacture respectively or of such port where the said Goods can only be or most usually are first shipped for transportation and whereof the Master and Thrée Fourths of the Mariners at least are of the said Country or place under the penalty and Forfeiture of ship and Goods to be disposed and recovered as in the foregoing clause Frauds in concealing Aliens goods how to be prevented Provided alwayes and be it hereby Enacted by the Authority aforesaid That for the prevention of the great frauds daily used in colouring and concealing of Aliens Goods all Wines of the growth of France or Germany which from and after the Twentieth day of October One thousand six hundred and sixty shall be Imported into any the Ports or places aforesaid in any other Ship or Vessel then which doth truly and without fraud belong to England Ireland Wales or Town of Berwick upon Tweed and Navigated with the Mariners thereof as aforesaid shall be déemed Aliens goods and pay all Strangers Customs and Duties to His Majesty his Heirs and Successors as also to the Town or Port into which they shall be Imported And that all sorts of Masts Timber or Boards as also all forraign Salt Pitch Tar Rozin Hemp Flax Raisins Figs Prunes Olive Oyls all sorts of Corn or Grain Sugar Pot-ashes Spirits commonly called Brandy Wine or Aqua-vitae Wines of the growth of Spain the Islands of the Canaries or Portugal Madera or Western Islands and all goods of the growth Production or Manufacture of Moscovy or Russia which from and after the First day of April which shall be in the year of Our Lord one thousand six hundred sixty one shall be Imported into any of the aforesaid places in any other then such shipping and so Navigated and all Currants and Turky Commodities which from and after the first day of September One thousand six hundred sixty one shall be Imported into any the places aforesaid in any other then English built shipping and Navigated as aforesaid shall be déemed Aliens Goods and pay accordingly to his Majesty His Heirs and Successors and to the Town or Port into which they shall be Imported And for prevention of all frauds which may be used in colouring or buying of Forein Ships How to prevent Frauds in colouring and buying Forrein ships Be it Enacted by the Authority aforesaid and it is hereby Enacted That from and after the first day of April which shall be in the Year of our Lord One thousand six hundred sixty one no Forein built ship or Vessel whatsoever shall be déemed or pass as a ship to England Ireland Wales or Town of Berwick or any of them belonging or enjoy the benefit or Priviledge of such a ship or Vessel untill such time that he or they claiming the said ship or Vessel to be theirs shall make appear to the chief Officer or Officers of the customs in the Port next to the place of his or their aboad that he or they are not Aliens and shall have taken an Oath before such chief Officer or Officers who are hereby Authorized to Administer the same That such Ship or Vessel was bona fide and without fraud by him or them bought for a valuable consideration expressing the sum as also the time place and persons from whom it was bought and who are his part Owners if he have any all which part-owners shall be liable to take the said Oath before the chief Officer or Officers of the Custom-house of the Port next to the place of their aboad and that no Forreiner directly or indirectly hath any part interest or share therein and that upon such Oath he or they shall receive a Certificate under the Hand and Seal of the said chief Officer or Officers of the Port where such person or persons so making Oath do reside whereby such Ship or Vessel may for the future pass and be déemed as a Ship belonging to the said Port and enjoy the priviledge of such a Ship or Vessel And the said Officer or Officers shall kéep a Register of all such Certificates as he or they shall so give and return a Duplicate thereof to the chief Officers of the customs at London for such as shall be granted in England Wales and Berwick and to the Chief Officers of the customs at Dublin for such as shall be given in Ireland together with the Names of the person or persons from whom such Ship was bought and the sum of Money which was paid for her as also the Names of all such persons who are part-owners of her if any such be And be it further Enacted by the Authority aforesaid Officers of the custom not to allow any priviledge to any forrein built ship untill certificate or proof
c. That if any Officer of the Customs shall from and after the said First day of April allow the priviledge of being a Ship or Vessel to England Ireland Wales or Town of Berwick or any of them belonging to any Forreign built Ship or Vessel untill such Certificate be before them produced or such Proof and oath taken before them or if any Officer of the Customs shall allow the priviledge of an English built ship or other Ship to any the aforesaid places belonging to any English or Forrien built Ship coming into any Port and making entry of any Goods untill Examination whether the Master and thrée Fourths of the Mariners be English or shal allow to any Forreign built ship bringing in the Commodities of the Growth of the Country where it was built the priviledge by this Act to such Ship given untill Examination and Proof whether it be a ship of the built of that Country and that the Master and thrée Fourths of the Mariners are of that Country or if any Person who is or shall be made Governor of any Lands Islands Plantations or Territories in Africa Asia or America by his Majesty His Heirs or Successors shall suffer any Forrein built Ship or Vessel to load or unload any Goods or Commodities within the Precincts of their Goverments untill such Certificate be produced before them or such as shall be by them appointed to view the same and Examination whether the Master and thrée Fourths of the Mariners at least be English that for the first offence such Officer of the Customs and Governors shall be put out of their places Offices or Governments Provided alwayes That this Act or any thing therein contained extend not Proviso for goods of the Streights or Levant or be meant to restrain and prohibite the Importation of any the Commodities of the Streights or Levant Seas loaden in English built shipping and wherof the Master and thrée fourths of the Mariners at least are English from the usual Ports or places for lading of them heretofore within the said Streights or Levant Seas though the said Commodities be not of the very growth of the said places Provided also that this Act or any thing therein contained extend not or be meant to restrain the Importing of any East India Commodities loaden in English built shipping and whereof the Master and thrée fourths of the Mariners at least are English from the usual place or places for lading of them in any part of those Seas to the South-Ward and Eastward of Cabo bona speranza although the Ports be not th●●bery Places of their growth Provided also That it shall and may be lawful to and for any of the people of England Ireland East India Commodities Proviso for goods imported from Spain Portugal Azores Madera or Canary Islands Wales Islands of Guernsey or Jersey or town of Berwick upon Tweed in Vessels or Ships to them belonging and whereof the Master and thrée fourths of the Mariners at least are English to load and bring in from any of the Ports of Spain or Portugal or Western Islands commonly called Azores or Madera or Canary Islands all sorts of Goods or Commodities of the Growth Production or Manufacture of the Plantation or Dominions of either of them respectively Proviso for Bullion and goods taken by way of Rep●isal Provided That this Act or any thing therein contained extend not to Bullion nor yet to any Goods taken or that shall be bona fide taken by way of Reprisal by any Ship or Ships belonging to England Ireland or Wales Islands of Guernsey or Jersey or Town of Berwick upon Tweed and whereof the Master and thrée Fourths of the Mariners at feast are English having Commission from his Majesty his Heirs or Successors Proviso concerning goods of Scotland Provided alwayes That this Act or any thing therein contained shall not extend or be construed to extend to lay Aliens Duties upon any Corn of the growth of Scotland or to any Salt made in Scotland nor to any Fish caught saved and cured by the People of Scotland and Imported directly from Scotland in Scotch built Ships Goods of Russia and whereof the Master and thrée Fourths of the Mariners are of His Maiesties Subiects nor to any Seal Oyl of Russia Imported from thence into England Ireland Wales or Town of Berwick upon Tweed in shipping bona fide to some of the said places belonging and whereof the Master and three Fourths of the Mariners at least are English The duty payable upon goods in French ships Provided also and it is hereby Enacted That every Ship or Vessel belonging to any the Subjects of the French King which from and after the Twentieth day of October in the year of our Lord one thousand six hundred and sixty shall come into any Port Creek Harbor of Road of England Ireland Wales or Town of Berwick upon Tweed and shall there lade or unlade any Goods or Commodities or take in or set on Shore any passengers shall pay to the Collector of His Majesties Customs in such Port Créek Harbor or Road for every Tun of which the said Ship or Vessel is of burthen How long to continue to be computed by such Officer of the Customs as shall be thereunto appointed the sum of five shillings currant money of England And that no such Ship or Vessel be suffered to depart out of such Port Créek Harbor or Road until the said Duty be fully paid And that this Duty shall continue to be Collected Levied and paid for such time as a certain Duty of Fifty Solls per Tun lately imposed by the French King or any part thereof shall continue to be Collected upon the shipping of England lading in France and thrée Moneths after and no longer Sugars tobacco c. of the growth of America Asia or Africa And it is further Enacted by the Authority aforesaid That from and after the First day of April which shall be in the year of our Lord One thousand six hundred sixty one noe Sugars Tobacco Cotton-wooll Indicoes Ginger Fustick or other dying wood of the growth Production or Manufacture of any English Plantations in America Asia or Africa shall be shipped carried conveyed or transported from any the said English Plantations to any Land Island Territory Dominion Port or place whatsoever other then to such other English Plantations as do belong to His Majesty His Heirs and Successors or to the Kingdom of England or Ireland or Principality of Wales or Town of Berwick upon Tweed there to be laid on shore under the penalty of the Forfeiture of the said Goods or the full value thereof as also of the Ship with all her Guns Tackle Apparel Ammunition and Furniture The one Moyety to the Kings Majesty His Heirs and Successors and the other Moyety to him or them that shall seize inform or sue for the same in any Court of Record by Bill Plaint or Information wherein no Essoign
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
direction or true intent of any Act or Ordinance or reputed Act or Ordinance of one or both houses of Parliament or of any Convention sitting at Westminster under the Name Stile or Title of a Parliament or assuming that Name Stile or Title shall be and shall be adjudged estéemed and taken to be and to have béen of the same and no other force and effect as if such Marriages had béen had and solemnized according to the Rites and Ceremonies established or used in the Church or Kingdom of England any Law Custom or Vsage to the contrary thereof notwithstanding Issues upon lawfulness of marriages already joyned shall be cryed by Iury And be it further Enacted that where in any Suit commenced or to be commenced in any of the Courts of the common Law any issue hath béen joyned and not already tryed or determined or shall be joyned upon the point of Bastardy or unlawfulness of marriage for or concerning the marriages had and solemnized as aforesaid the same issues shall be tryed by Iury of Twelve Men according to the course of Trial of other issues tryable by Iury at the Common Law and not otherwise Bastardy any Law Statute or Vsage to the contrary thereof in any wise notwithstanding Stat. 13 Car. 2. cap. 11. CAP. XXXIV The Planting Setting or Sowing of Tobacco in England and Ireland prohibited YOur Majesties Loyal and Obedient Subjects The Lords and Commons in this present Parliament assembled considering of how great concern and importance it is That the Colonies and Plantations of this Kingdom in America be defended Protected Maintained and kept up and that all due and possible encouragement be given unto them and that not not only in regard great and considerable Dominions and Countries have béen thereby gained Importance of the plantations of America and added to the Imperial Crown of this Realm But for that the strength and welfare of this Kingdom do very much depend upon them in regard of the employment of a very considerable part of its Shipping and Seamen and of the vent of very great quantities of its Native Commodities and Manufactures as also of its supply with several Commodities which it was wont formerly to have only from Forraigners and at far dearer Rates And forasmuch as Tobacco is one of the main products of several of those Plantations and upon which their Welfare and Subsistence and the Navigation of this Kingdom and vent of its Commodities thither do much depend and in regard it is found by experience That the Tobaccoes Planted in these parts are not so good and wholsome for the Takers thereof And that by the Planting thereof your Majesty is deprived of a considerable part of your Revenue arising by Customs upon Imported Tobacco Do most humbly pray That it may be Enacted by your Majesty And it is hereby Enacted by the Kings most Excellent Majesty and the Lords and Commons in this present Parliament Assembled and by Authority of the same No person after the 1. Ianuary 1660. shall set or plant any Tobacco That no Person or Persons whatsoever shall or do from and after the first day of January in the year of our Lord One thousand six hundred and sixty Set Plant improve to grow make or cure any Tobacco either in Séed Plant or otherwise in or upon any Ground Earth Field or Place within the Kingdom of England Dominion of Wales Islands of Guernsey or Jersey The penalty or Town of Berwick upon Tweed or in the Kingdom of Ireland under the penalty of the Forfeiture of all such Tobacco or the value thereof or of the sum of forty shillings for every Rod or Pole of Ground so Planted set or Sowen as aforesaid and so proportionably for a greater or lesser quantity of Ground one Moyety thereof to His Majesty His Heirs and Successors And the other Moyety to him or them that shall Sue for the same to be recovered by Bill Plaint or Information in any Court of Record wherein no Essoigne Protection or wager in Law shall be allowed All Sheriffs and other officers may destroy any Tobacco planted contrary to this Act. And it is hereby further Enacted That all Sheriffs Iustices of the Peace Mayors Bailiffs Constables and every of them upon Information or Complaint made unto them or any of them by any the Officers of the Customes or by any other Person or Persons whatsoever That there is any Tobacco set sowen planted or growing within their Iurisdictions or Precincts contrary to this Act shall within ten daies after such Information or Complaint cause to be burnt plucked up consumed or utterly destroyed all such Tobacco so set sowen planted or growing The penalty of any person resisting this act And it is hereby further Enacted That in case any Person or Persons shall resist or make forcible Opposition against any person or persons in the due and through Execution of this Act that every such person or persons for every such Offence shall forfeit the sum of five pounds to be divided and recovered in manner aforesaid And in case any person or persons shall not pay the sums of money by them to be paid by vertue of this Act That in every such case Distress shall be made and Sale thereof returning the Over-plus to the Owners And in case no Distress be to be found That then every such party shall be committed to the Common Goal in the County where such Offence shall be committed there to remain for the space of two moneths without bail or main-prize Proviso for private Gardens Provided alwayes and it is hereby Enacted That this Act nor any thing therein contained shall extend to the hindring of the planting of Tobacco in any Physick Garden of either Vniversity or in any other private Garden for Physick or Chirurgery only so as the quantity so planted excéed not one half of one Pole in any one Place or Garden Stat. 13 Car. 2. cap. 14. CAP. XXXV A Post-Office erected and established WHereas for the maintenance of mutual Correspondencies and prevention of many Inconveniencies happening by private Posts The well ordering of postage and letters of great concernment to Trade several publick Post-Offices have béen heretofore erected for carrying and recarrying of Letters by Posts to and from all parts and places within England Scotland and Ireland and several parts beyond the Seas the well Ordering thereof is a matter of general concernment and of great advantage as well for preservation of Trade and Commerce as otherwise To the end therefore that the same may be managed so that spéedy and safe dispatches may be had which is most likely to be effected by erecting one general Post-Office for that purpose Be it therefore Enacted by the Kings most Excellent Majesty A Letter-office erected in London the Lords and Commons in this present Parliament assembled and by the Authority of the same That there be from henceforth one general Letter-Office erected and
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
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-Mar●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
County of Southampton being parcel of the Mannor of Husband Priors which by order and decrée of the High-Court of Chancery of the one and twentieth of June One thousand six hundred sixty one she is to be forthwith restored unto and put into possession of and to quietly hold and enjoy the same during her Widowhood with the mean profits thereof taken by the said Mr Wallop But that it shall and may be lawful to and for the said Rachel Powre to hold and enjoy the same according to the said Decrée Proviso for Sir John Bourchier Provided alwayes and it is hereby further Enacted That it shall and may be lawfull to and for Barrington Bourchier Esquire Son and Heir of Sir John Bourchier herein before mentioned to hold and enjoy all and singular the Lands Tenements and Hereditaments to him lately granted and conveyed or mentioned to be granted and conveyed in and by certain Letters Patents under the Great Seal of England bearing date the Two and twentieth day of March in the thirtéenth year of His Majesties Reign against His Majesty His Heirs and Successors for ever according to the full intent and meaning of the said Letters Patents Any thing in this present Act contained to the contrary thereof in any wise notwithstanding Anno XIII Car. II. Regis ACTS made at the second meeting in this present Parliament begun at Westminster the 8th day of May Anno Dom. 1661. And there continued untill the 20th of December and from that day adjourned unto the seventh of January next ensuing as followeth CAP. I. An Act for the well Governing and Regulating of Corporations impowring the King to issue Commissions for the removing placing and restoring certain Officers and Members there FOr and within the several Cities Corporations and Burroughs and Cinque-Ports and their Members and other Port-Towns within the Kingdom of England Dominion of Wales and Town of Berwick upon Tweed viz. All Mayors Aldermen Recorders Bailiffs Town-Clerks Common-Councel-men and other persons then bearing any Office or Offices of Magistracy or Places or Trusts or other Imployment relating to or concerning the Government of the said respective Cities Corporations and Burroughs and Cinque-ports and their Members and other Port-Towns and for tendring to all such the Oaths of Allegiance and Supremacy and this Oath following I A. B. do declare and believe That it is not lawful upon any pretence whatsoever to take 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 Commissioned by Him So help me God And also for subscribing this following Declaration I A. B. do declare That I hold that there lies no Obligation upon me or any other person from the Oath commonly called The Solemn League and Covenant 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 the Kingdom EXP. 25. March 1663. as to the Power of the said Commission and Commissioners But None to be chosen any Officer in any Corporation that shall not have taken the Sacrament within a year next before Provided also and Enacted by the Authority aforesaid That from and after the expiration of the said Commissions no person or persons shall for ever hereafter be placed elected or chosen in or to any the Offices or Places aforesaid that shall not have within one year next before such Election or Choice taken the Sacrament of the Lords Supper according to the Rights of the Church of England and that every such person and persons so placed elected or chosen shall likewise take the aforesaid thrée Oaths and subscribe the said Declaration at the same time And shall take the said three Oaths and subscribe the said Declaration when the Oath for the due execution of the said Places and Offices respectively shall be administred And in default hereof every such placing election and choice is hereby Enacted and Declared to be void CAP. II. Vexations and Oppressions by Arrests and of Delayes in Suits of Law prevented WHereas by the Ancient and Fundamental Laws of this Realm The antient fundamental Law in proceeding to arrests upon Suits to express the true cause of Action in the Processe in case where any person is Sued Impleaded or Arrested by any Writ Bill or Process issuing out of any of His Majesties Courts of Records at Westminster in any Common Plea at the Suit of an● Common person the true cause of Action ought to be set forth and particularly expressed in such Writ Bill or Process whereby the Defendant may have certain knowledge of the cause of the Suit and the Officer who shall execute such Writ Bill or Process may know how to take Security for the Appearance of the Defendant to the same and the sureties for such Appearances may rightly understand for what cause they become engaged And whereas there is a great Complaint of the People of this Realm that for divers years now last past very many of His Majesties good Subjects have béen arrested upon general Writs of Trespass quare clausum fregit Bills of Middlesex Latitat's and other like Writs issued out of the Courts of Kings Bench and Common-Pleas not expressing any particular or certain cause of Action and thereupon kept prisoners for a long time for want of Bail Bonds with Sureties for Appearances having béen demanded in so great sums that few or none have dared to be security for the Appearances of such persons so arrested and imprisoned although in truth there hath béen little or no cause of Action and often times there are no such persons who were named Plaintiffs but those Arrests have béen many times procured by malitious persons to vex and oppress the Defendants or to force from them unreasonable and unjust Compositions for obtaining their Liberty And by such evil practices many men have béen and are daily undone and destroyed in their Estates without possibility of having Reparation The Actors imployed in such practises having béen for the most part poor and lurking persons and their Actings so secret that it hath béen found very difficult to make true discoveries or proof thereof For remedy and prevention of which so great growing evils and mischiefs and also for discouraging all frivolous and uniust Suits and Causeless Arrests 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 the Authority of the same That from and after the Twelfth day of February in the year of our Lord Persons arrested by Process out of the Kings Bench or Common Pleas not expressing the cause of Action how to be bailed and set to liberty upon their own Bonds for appearance One thousand six hundred sixty and one no person or persons who shall happen to be arrested by any Sheriff Vnder-sheriff
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 di●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 con●●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
used by Act of Parliament holden in the said first year of the said late Quéen 2 El. cap. 2. Entituled An Act for the Uniformity of Common Prayer and Service in the Church and Administration of the Sacraments very comfortable to all good people desirous to live in Christian conversation and most profitable to the Estate of this Realm upon the which the Mercy Favour and Blessing of Almighty God is in no wise so readily and plentifully poured as by Common Prayers due using of the Sacraments and often Preaching of the Gospel with Devotion of the Hearers And yet this notwithstanding a great number of people in divers parts of this Realm following their own sensuality and living without knowledg and due fear of God do Wilfully Schismatically abstain and refuse to come to their Parish-Churches and other publick places where Common Prayer Administration of the Sacraments and preaching of the Word of God is used upon the Sundays and other days ordained and appointed to be kept and observed as Holy-days And whereas by the great and scandalous neglect of Ministers in using the said Order or Liturgy so set forth and enjoyned as aforesaid great mischiefs and inconveniences during the times of the late unhappy Troubles have arisen and grown and many people have béen led into Factions and Schisms to the great decay and scandal of the Reformed Religion of the Church of England and to the hazard of many souls For prevention whereof in time to come for setling the Peace of the Church and for allaying the present distempers which the indisposition of the time hath contracted The Kings Declaration and Commission for reviewing the Book of Common Prayer and Alterations to be propounded therein The Kings Majesty according to his Declaration of the Five and twentieth of October One thousand six hundred and sixty granted his Commission under the Great Seal of England to several Bishops and other Divines to review the Book of Common Prayer and to prepare such Alterations and Additions as they thought fit to offer And afterwards the Convocations of both the Provinces of Canterbury and York being by His Majesty called and assembled and now sitting His Majesty hath béen pleased to Authorize and require the Presidents of the said Convocations and other the Bishops and Clergy of the same to re-view the said Book of Common Prayer and the Book of the Form and manner of the Making and Consecrating of Bishops Priests and Deacons And that after mature consideration they should make such Additions and Alterations in the said Books respectively as to them should séem méet and convenient And should exhibit and present the same to his Majesty in writing for his further allowance or confirmation since which time upon full and mature deliberation they the said Presidents Bishops and Clergy of both Provinces have accordingly re-viewed the said Books and have made some Alterations which they think fit to be inserted to the same and some Additional Prayers to the said Book of Common Prayer to be used upon proper and emergent occasions And have exhibited and presented the same unto his Majesty in writing in one 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 All which His Majesty having duly considered hath fully approved and allowed the same and recommended to this present Parliament that the said Books of Common Prayer and of the Form of Ordination and Consecration of Bishops Priests and Deacons with the Alterations and Additions which have béen so made and presented to His Majesty by the said Convocations be the Book which shall be appointed to be used by all that Officiate in all Cathedral and Collegiate Churches and Chappels and in all Chappels of Colledges and Halls in both the Vniversities and the Colledges of Eaton and Winchester and in all Parish-Churches and Chappels within the Kingdom of England Dominion of Wales and Town of Berwick upon Tweed and by all that Make or Consecrate Bishops Priests or Deacons in any of the said places under such Sanctions and Penalties as the Houses of Parliament shall think fit Now in regard that nothing conduceth more to the setling of the Peace of this Nation which is desired of all good men nor to the honour of our Religion and the propagation thereof The Peace and Honour of Religion much advanced by Vniform agreement in the Publique Worship of God then an Vniversal argréement in the publique Worship of Almighty God and to the intent that every person within this Realm may certainly know the rule to which he is to conform in Publique Worship and Administrations of Sacraments and other Rites and Ceremonies of the Church of England and the manner how and by whom Bishops Priests and Deacons are and ought to be Made Ordained Consecrated 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 and by the Authority of the same That all and singular Ministers in any Cathedral Collegiate or Parish-Church or Chappel or other place of Publique Worship within this Realm of England Dominion of Wales and Town of Berwick upon Tweed The Book of Common Prayer shall be used shall be bound to say and use the Morning Prayer Evening Prayer Celebration and Administration of both the Sacraments and all other the Publique and Common Prayer in such order and form as is mentioned in the said Book annexed and ioyned to this present Act and 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 or manner of Making Ordaining and Consecrating of Bishops Priests and Deacons And that the Morning and Evening Prayers therein contained shall upon every Lords Day and upon all other dayes and occasions and at the times therein appointed be openly and solemnly Read by all and every Minister or Curate in every Church Chappel or other place of publique Worship within this Realm of England All Parsons Vicars and Ministers to read and declare their assent to use the same and places aforesaid And to the end that Vniformity in the publique Worship of God which is so much desired may be spéedily effected Be it further Enacted by the Authority aforesaid That every Parson Vicar or other Minister whatsoever who now hath and enjoyeth any Ecclesiastical Benefite or Promotion within this Realm of England or places aforesaid shall in the Church Chappel or place of publique
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
the Defendant as aforesaid And whereas the Custom hath béen retained time out of mind and found expedient that there should be a cessation of weaving every year in the time of Harvest in regard the Spinners of Yarn which the said Weavers do use No weaving of Stuffs in time of Harvest are at that time chiefly imployed in Harvest-work Be it Enacted That no Weaver under the Regulation of the said Trade and Manufacture shall set any Loom on work for the weaving of any Stuffs under the said Regulation in the time of Harvest yearly from the Fiftéenth day of August in every year until the Fiftéenth day of September then next following upon pain of forfeiting to the Kings Majesty the sum of Forty Shillings for every Loom which shall be used in work within the said time And be it further Enacted by the Authority aforesaid Trut accompts to be made at the 4 assemblies of all fines and forfeitures That a true accompt shall be made at the four Assemblies to be held quarterly as aforesaid by the Wardens before the Mayor of the City of Norwich for the time being and one of the Iustices of the Peace of the said City and County of Norwich and two Iustices of the Peace of the County of Norfolk of all such Fines and Forfeitures as shall be received and had belonging to the said Trade and Manufacture and of the necessary Charges and Disbursements touching the same Trade and Manufacture and that the Over-plus which shall remain after the said necessary Charges and Disbursments are deducted shall be devided into two equal parts the one Moyety thereof to be disposed of by the Wardens and Assistants of the said City of Norwich or the greater part of them and the other Moyety thereof by the Wardens and Assistants of the said County of Norfolk or the greater part of them for the use of the Poor of the said Trade and Manufacture in such manner as the said Mayor and Iustices aforesaid respectively shall order and direct and no other any thing in this Act to the contrary thereof in any wise notwithstanding And that all Mayors Iustices Sheriffs Bayliffs Constables and all other Officers All Mayors bayliffs c. to be ayding and assisting shall be aiding and assisting to the said Wardens and Assistants or any of them as often as they shall be thereunto required 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 shall or may plead the general Issue of not guilty In Action the defendant may plead the general issue 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 Nonsuit therein Provided alwayes That this Act nor any thing therein contained Double costs shall extend to compel the Weavers of the Towns of Great Yarmouth and Lyn in the said County of Norfolk to bring their Wares to Notwich to be Sealed or be prejudicial to the Weavers of the said Towns Proviso for the Weavers of Great Yarmouth and Lyn. or either of them to deprive them or either of them of such Liberties or Priviledges as are granted unto them by an Act of Parliament made in the Fourtéenth Year of King Henry the Eight or by any other Act of Parliament or Grant or Charter whatsoever This Act to begin and take effect from the Fiftéenth day of May One thousand six hundred sixty and two CAP. VI. For Enlarging and repairing of Common High-ways VVHereas the former Laws and Statutes for the Mending and Repairing of the Common and publick High-wayes of this Realm have not béen found so effectual as is desired by means whereof and the extraordinary Burthens carried upon Wagons and other Carriages divers of the said High-ways are become very dangerous and almost unpassable For remedy whereof Be it Enacted by the Kings most Excellent Majesty by Surveyors of the High-wayes to be chosen yearly the Munday or Tuesday in Easter week 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 Church-wardens and Constables or Tything-men of every Parish Town Village or Hamlet for the time being within the Kingdom of England Dominion of Wales and Town of Berwick upon Tweed shall upon Munday or Tuesday in the Easter wéek yearly whereof notice shall be publickly given the Sunday foregoing in the Church immediately after the end of Morning Prayer with the advice and consent of the major part of the Inhabitants which shall be then present choose Two or more sufficient and able persons residing and inhabiting within their Parish Town Village or Hamlet to be Surveyors of their High-ways for the year next ensuing and give notice thereof in writing to the persons chosen and for default of such choice so to be made as aforesaid The penalty the Church-wardens Constables or Tything-men and Inhabitants of every such Parish Town Village or Hamlet shall forfeit and lose the sum of Five pounds And be it Enacted by the Authority aforesaid That all and every Surveyor and Surveyors The duty of the Surveyors within twenty days next after notice given unto him or them of his and their Election as aforesaid or of the publication of this Act shall upon the penalty of Five pounds Veiw and Survey all the Common and Publick High-ways and Bridges within the Parish Town Village or Hamlet wherein he or they are respective Surveyor or Surveyors and all Water-courses Causeys and Pavements therein which are to be Repaired and Amended at a Publick Charge of the said Parish Town Village or Hamlet and shall consider what reparations shall be néedful to be made and what sum or sums of money will be requisite to be raised for the Amending Repairing and Enlarging of the same over and above what will be done by the other Laws made for the Amending of the said High-ways and thereupon shall together with two or more substantial Housholders of the said Parish Town Village or Hamlet called by the Surveyors to their Assistance within ten days after such Survey made lay one or more Assessment or Assessments How and upon whom to lay Assessment for mending or Enlarging the High-wayes upon every Inhabitant rated to the Poor and upon every Occupier of Lands Houses Tythes Impropriate or Appropriat Portions of Tythes Coal-mines and other Mines saleable Vnderwoods Stock Goods or other personal Estate not being Houshold-stuff within the said said Parish Town Village or Hamlet for the Repairing Amending and Enlarging of the said publick and common High-ways as they the said Surveyors and other the substantial Housholders or the Major part of them shall think fit méet and necessary which said Assessment
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 pa●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
build Cottages and the most Woods for them to burn and destroy and when they have consumed it then to another Parish and at last become Rogues and Vagabonds to the great discouragement of Parishes to provide Stocks where it is liable to be devoured by strangers Be it therefore Enacted by the Authority aforesaid That it shall and may be lawful How to be setled coming to any Tenement under ten pounds yearly value upon complaint made by the Church-wardens or Overseers of the poor of any Parish to any Iustice of Peace within Forty dayes after any such person or persons coming so to settle as aforesaid in any Tenement under the yearly value of Ten pounds for any two Iustices of the Peace whereof one to be of the Quorum of the Division where any person or persons that are likely to be chargeable to the Parish shall come to inhabit by their Warrant to remove and convey such person or persons to such Parish where he or they were last legally setled either as a native Housholder Sojourner Apprentice or Servant for the space of forty dayes at the least unless he or they give sufficient security for the discharge of the said Parish to be allowed by the said Iustices Persons grieved may appeal to the Quarter Sessions Provided alwayes That all such persons who think themselves agrieved by any such Iudgement of the said two Iustices may appeal to the Iustices of the Peace of the said County at their next Quarter-Sessions who are hereby required to do them justice according to the merits of their Cause Persons going to work in harvest Provided also That this Act notwithstanding it shall and may be lawfull for any person or persons to go into any County Parish or place to work in time of Harvest or at any time to work at any other work so that he or they carry with him or them a Certificate from the Minister of the parish and one of the Churchwardens and one of the Overséers for the poor for the said year that he or they have a dwelling house or place in which he or they inhabit and hath left wife and children or some of them there or otherwise as the condition of the person shall require and is declared an Inhabitant or Inhabitants there And in such case if the person or persons shall not return to the place aforesaid when his or their work is finished or shall fall sick or impotent whilst he or they are in the said work it shall not be accounted a Settlement in the cases abovesaid but that it shall and may be lawful for two Iustices of the Peace to convey the said person or persons to the place of his or their habitation as aforesaid under the pains and penalties in this Act prescribed And if such person or persons shall refuse to go or shall not remain in such parish where they ought to be setled as aforesaid but shall return of his own accord to the parish from whence he was removed it shall and may be lawful for any Iustice of the Peace of the City County or Town-Corporate where the said Offence shall be committed to send such person or persons offending to the House of Correction there to be punished as a Vagabond or to a publick Work-house in this present Act hereafter mentioned there to be imployed in work or labour And if the Church-wardens and Overséers of the Poor of the Parish to which he or they shall be removed refuse to receive such person or persons and to provide work for them as other Inhabitants of the Parish any Iustice of Peace of that Division may and shall thereupon bind any such Officer or Officers in whom there shall be default to the Assizes or Sessions there to be Indicted for his or their Contempt in that behalf And for the further redress of the mischiefs intended to be hereby remedied Corporations or work houses in the Cities of London and Westminster Middlesex Surrey Be it Enacted by the Authority aforesaid That from thenceforth there be and shall be one or more Corporation or Corporations Work-house or Work-houses within the Cities of London and Westminster and within the Burroughs Towns and places of the County of Middlesex and Surrey scituate lying and being within the Parishes mentioned in the Wéekly Bills of Mortality consisting of a President a Deputy to the President and a Treasurer And that the Lord Mayor of the City of London for the time being be President of the Corporation or Corporations Work-house or Work-houses within the said City and the Assistants to be the Aldermen of the said City of London for the time being and fifty two other Citizens to be chosen by the Common-Council of the said City And that the said President and Assistants or the major part of them shall and may elect a Deputy-President and Treasurer and all other necessary Officers hereby constituted and authorized to execute the powers and Offices by this Act appointed And that upon the vacancy by death or otherwise of any Assistant the power to elect in their rooms be in the said Common-Council and the Election of the Deputy-President or Treasurer and all other Officers in the said President and major part of the Assistants as aforesaid And that a President a Deputy-President a Treasurer and Assistants be nominated and appointed by the Lord Chancellor or Lord Kéeper of the Great Seal of England for the time being out of the most fit persons inhabiting in the City of Westminster or the Liberties thereof for the Corporation or Corporations Work-house or Work-houses within the same And for the said places within the Wéekly Bills of Mortality in the said Counties of Middlesex and Surrey respectively President Deputy-president Treasurer and Assistants for Middlesex Surrey how to be elected there shall be elected and chosen by the major part of the Iustices of the Peace for the said Counties in their respective Quarter-Sessions assembled out of the most able and honest Inhabitants and Fréeholders of every of the said Counties of Middlesex and Surrey respectively a President a Deputy-President a Treasurer and Assistants for the Corporation or Corporations Work-house or Work-houses of the places aforesaid in Middlesex and Surrey And that upon the vacancy by death or otherwise of any of the Presidents Deputy-Presidents Treasurers or Assistants in the City of Westminster and places aforesaid in Middlesex and Surrey City of Westminster the power to elect others in their rooms be in the major part of the respective Iustices of Peace who in their General Quarter-Sessions from time to time shall accordingly supply such vacant places And that at every Quarter-Sessions they shall require and take an account in writing of all the Receipts Charges and Disbursements of the Officers and Treasurer of such Corporation or Corporations Work-house or Work-houses how many Poor people have béen imployed and set to work in the year last past and what stock there was
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
ease of Sheriffs in passing their Accompts Seizures of Lands remaining charged Michaelmas 1660. Be it Enacted and Declared That from henceforth every Seizure for or concerning any Lands Tenements and Hereditaments now remaining charged in the Foreign accompt of any Sheriff or Sheriffs within the Kingdom of England for the year ended at Michaelmas One thousand six hundred and sixty shall be from the said Foreign accompt charged particularly in the great Roll of the Exchequer And that the several Remembrancers of the said Court or their respective Deputies do in their respective Officers forthwith Seizures hereafter taken or returned and so from time to time for the future write and make true and perfect Copies of all and every such other Seizure and Inquisition as already are or hereafter shall be certified into their respective Offices without certifying the Copy of the Writ or Commission at large upon which such Seizure or Inquisition is or shall be so taken or returned mentioning only in brief the Date of the said Writ or Commission and shall deliver the said Copies well and truly examined and attested under his or their Hands to the Engrosser of the said great Roll And that all such of the said Seizures and Inquisitions as now are returned into any of their respective Offices shall be delivered before the first day of February next coming And that all such other seizures as shall hereafter be returned or certified into their respective Offices shall be delivered so examined and attested as aforesaid to the said Engrosser before the first day of the next Term after the said Remembrancers shall have received the same so as the same may be charged in the great Roll To the end that the Processe of the Court may from thence issue for levying the Issues and Profits thereof to the use of the Crown unto which said Remembrancers or their Deputies shall be from time to time paid for every Sheet which they or their respective Clerks shall so write and deliver the sum of eight pence Fees to the Remembrancers the same to be paid unto them by the aforesaid respective Sheriffs who shall be allowed the same by the Barons upon their respective Accompts out of the Issues and Profits arising out of the Premisses so seized and no Sheriff or Sheriffs for this persent year One thousand six hundred sixty and one Sheriffs shall not answer illeviable seizures Farm Rents c. nor any Sheriff or Sheriffs to be hereafter made or appointed within this Kingdom of England shall be charged in accompt to answer any illeviable Seizure Farm Rent or Debt or other Seizure Farm Rent Debt matter or thing whatsoever which was not writ in Processe to him or them to be levied wherein the persons of whom or the Lands or Tenements out of which together with the cause for which the same shall be so levied shall be plainly and particularly expressed but shall be thereof wholly discharged without Petition Plea or other trouble or charge whatsoever And it is hereby further Enacted and Declared Seizures before 1 Jac. and divers others to be left out of the Sheriffs accompt That all Seizures heretofore made before the first Year of the Reign of the late King James of ever blessed memory now remaining in the Accompts of the Sheriffs and all Seizures and Debts which are pardoned shall be and are hereby fully discharged And that the same and every of them shall hereafter be left out of Sheriffs accompts without further Order Plea Petition or other Charge to any Sheriff or Sheriffs whatsoever And that no Processe shall from henceforth be written forth to any Sheriff for the levying of the same or any of them nor for any other Rent or Farm which cannot be explained by setting forth the particulars thereof or which have been unanswered by the space of forty years last past And that all other dead Farms and Seizures and all desperate illeviable and unintelligible Debts shall be removed out of the Annual Roll and Sheriffs Charge into the Exannual Roll there to remain untill by Commission they shall be revived and made answerable Process for Debts to be sent forth in convenient time And to the end that all new Debts arising and coming into the Exchequer for the future may be sent forth in Processe within convenient time Be it also Enacted and Declared That the aforesaid several Remembrancers do forthwith inrol and certify to the said Ingrosser of the great Roll all such Debts as any Sheriff or Sheriffs of this Realm are or hereafter shall be charged withall either by vertue of their respective Retorns made to the Barons of the said Exchequer upon his Majesties Writs of Fieri facias Levari facias Capias or other Processe and also of all Fines and Amerciaments which are or shall be set and imposed by the Court of Exchequer upon any Sheriff or Sheriffs for his or their contempts or neglects that is to say That all and every such Debts Fines and Amerciaments as now are returned set or imposed in any of the said Offices shall be delivered as aforesaid before the First day of February next ensuing And all such Debts Fines and Amerciaments as shall hereafter be returned set or imposed in any of the respective Offices shall be also delivered by the First day of the next Term after such Retorns made The penalty upon officers for doing any thing against this Act. or such Fines or Amerciaments so set or imposed that so they may be all charged in the Sheriffs Accompts respectively and comprehended within his or their Quietus est upon pain that every Officer or Officers in the said Exchequer who shall in any thing offend contrary to this present Act shall forfeit the sum of Forty pounds for every such offence whereof one moyety shall be to the King his Heirs and Successors and the other moyety to the party or parties who shall be thereby agrieved to be recovered by Action of Debt Bill Plaint or Information in any of his Majesties Courts at Westminster wherein no Essoin Protection Priviledge or Wager of Law shall be allowed or admitted 9 E. 2. St. Lincoln 4 E. 3. cap. 9. 5 E. 3. cap. 4. And it is hereby further Provided and Ordained That no person shall be assigned to be Sheriff of any County within this Realm except such as have Lands within the same County sufficient to answer the King and his people And whereas by an Act made in the One and twentieth year of the Reign of our late Soveraign Lord King James over England 21 Jac. cap. 5. It was provided That whensoever any Sheriff upon passing his Accompts A Quietus est to be a sufficient discharge for a Sheriff if not questioned within four years after grant thereof should have his Quietus est that he should be thereby absolutely discharged of all sums of Money by him Levied and Received and pretended not to be accompted for
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
as aforesaid shall not procéed to Election within one moneth after such vacancy then it shall be lawful to and for the respective Archbishop Bishop or Ordinary of the Diocess under his hand and Seal to Elect and nominate a discréet person of the respective Parish in such vacant room which person so to be elected and nominated after his making and subscription in manner and time aforesaid shall be and shall to all intents and purposes be reputed déemed and taken to be a Vestry-man or member of such Vestry in like manner as if he had béen chosen by the respective Electors Any Law Custom or Vsage to the contrary notwithstanding And be it Enacted by the Authority aforesaid That the respective Arch-bishop Bishop or Ordinary Vicar-General or Chancellor of the Diocess shall upon request to him made by any Vestry-man so making and subscribing the said Declaration and Acknowledgment aforesaid deliver a Certificate of his so doing for which no Fée shall be paid Provided always That nothing in this Act shall be construed to give any new power to any Select Vestry-man or to confirm any usurped power heretofore exercised by any Select Vestry-man which before the making of this Act is not Warranted by the Law of the Land Provided also The continuance of this Act. That this Act shall continue in force to the end of the first Session of the next Parliament and no longer CAP. VI. An Act for Relief of such Persons as by Sickness or other Impediment were disabled from Subscribing the Declaration in the Act of Uniformity and Explanation of part of the said Act. VVHereas by an Act of this present Parliament Entituled An Act for Uniformity of Publick Prayer and Administration of the Sacraments and other Rites and Ceremonies 14 Car. 2. c. 4. and for establishing the Form of Making Ordaining and consecrating Bishops Priests and Deacons in the Church of England It was Enacted That every Dean Canon and Prebendary of every Cathedral or Collegiate Church and all Masters and Fellows of any Colledg Hall House of Learning or Hospital and every Parson Vicar Curate and every other person in Holy Orders who upon the first day of May which should be in the year of our Lord God One thousand six hundred sixty and two or at any time thereafter should be Incumbent or have possession of any Deanry Canonry Prebendry Mastership Fellowship Parsonage Vicarage or any other Ecclesiastical Dignity or Promotion should before the Feast day of Saint Bartholomew which should be in the year of our Lord One thousand six hundred sixty and two subscribe the Declaration or acknowledgment in the said Act mentioned and expressed before their respective Archbishops Bishops Ordinaries or Vice-Chancellors of the respective Vniversities upon pain that all and every of the persons aforesaid failing in such subscription should lose and forfeit such respective Deanry Canonry Prebendry Mastership Fellowship Parsonage Vicarage Ecclesiastical Dignity or Promotion and should be utterly disabled and ipso facto deprived of the same And that every such respective Deanry Canonry Prebendry Mastership Fellowship Parsonage Vicarage Ecclesiastical Dignity or Promotion should be void as if such person so failing were naturally dead And that after such subscription made every such Parson Vicar Curate and Lecturer should procure a Certificate under the hand and Seal of the respective Archbishop Bishop or Ordinary of the Diocess and should publickly and openly read the same together with the Declaration or acknowledgment aforesaid upon some Lords-Day within thrée moneths then next following in his Parish Church where he was to officiate in the presence of the Congregation there assembled in the time of Divine-Service upon pain that every person failing therein should lose such Parsonage Vicarage or Benefice respectively and should be utterly disabled and ipso facto deprived of the same And that the said Parsonage Vicarage or Benefice should be void as if he were naturally dead And whereas divers persons of eminent Loyalty to his Majesty and of known affection to the Liturgy of the Church of England who by the said Act were required to subscribe the said Declaration or Acknowledgment at the time of the passing of the said Act were out of this Realm in Ireland or other parts beyond the Seas upon lawful and justifiable occasions and had no knowledg or notice thereof until their return into England being after the said Feast of St. Bartholomew And divers other of the said Loyal and wel-affected persons by reason of sickness imprisonment disability of body or otherwise could not or did not resort unto their respective Archbishops Bishops or Ordinaries or Vice-Chancellors of the respective Vniversities before whom such subscription was appointed by the said Act to be made All which said persons are by force of the said Act utterly disabled and ipso facto deprived of their respective Deanries Canonries Prebendries Masterships Fellowships Parsonages Vicarages or other Ecclesiastical Benefices or Promotions by reason of such their omission For remedy whereof and for the relief of such persons 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 all Deans Canons Prebendaries Masters and Fellows of any Colledges Halls or other Houses of Learning and all Parsons Vicars and other Ecclesiastical persons aforesaid who at the time of the passing of the said Act being in Ireland or any the parts beyond the Seas did not return into this Kingdom before the said Feast of Saint Bartholomew One thousand six hundred sixty and two or who being in England by Imprisonment Sickness Disability of Body or otherwise did not resort unto their respective Archbishop Bishop Ordinary or Vice-Chancellor of the said respective Vniversities to subscribe the said Declaration and Acknowledgment before the said Feast in the year of our Lord aforesaid shall be and are hereby declared to be restored unto and preserved in their respective Deanries Canonries Prebendries Masterships Fellowships Parsonages Vicarages and other Ecclesiastical Benefices and Promotions whereunto no other person or persons before the first day of August in the year of our Lord One thousand six hundred sixty and thrée were or shall be lawfully Instituted Inducted Collated or placed And shall and may hold and enjoy the same according to his and their former right The aforesaid Act or any thing therein contained to the contrary notwithstanding Provided That every such Dean Canon Prebendary Master and Fellow of any Colledg Hall or House of Learning and all Parsons Vicars and Curates and other Ecclesiastical persons who are or shall by vertue of this Act be restored to or preserved in their said several and respective Promotions shall before the Feast of the Nativity of our Lord next ensuing if he be in England or if beyond the Seas within forty dayes after his return into England subscribe the said Declaration or
hereby further Enacted That if any Officer of the Customs in England Wales or Town of Berwick upon Tweed shall give any Warrant for or suffer any Sugar Tobacco Ginger Cotton-wool Indico Speckle-wood or Jamaica Wood Fustick or other Dying Wood of the growth of any of the said Lands Islands Colonies Plantations Territories or Places to be carryed into any other Countrey or place whatsoever until they have béen first unladen bona fide and put on shore in some Port or Haven in England or Wales or in the Town of Berwick That every such Officer for such offence shall forfeit his place and the value of such of the said goods as he shall give Warrant for or suffer to pass into any other Countrey or place the one moyety to his Majesty his Heirs and Successors and the other moyety to him or them that shall inform or sue for the same in any Court of Record in England or Wales wherein no Essoign Protection or Wager in Law shall be allowed Encouragement of Plantations and encrease of Shipping And for the better encouragement of the said Plantations and the increase of the Shipping and Navigation of this Kingdom Be it Enacted and it is hereby Enacted by the Authority aforesaid That from and after the five and twentieth day of March one thousand six hundred sixty and four it shall and may be lawful out of any Port of England or Wales or out of the Town of Berwick Sea-coals to ship and lade Sea-coals for any part of them paying for the Chalder Newcastle measure one shilling eight pence and for the Chalder London-measure one shilling and no more in full of all Custom and Poundage for the same Any Law Statute or Prohibition to the contrary in any wise notwithstanding Provided That such Sea-coals be shipped in such shipping and so Navigated as abovesaid And that good security be given to the Officers of the Customs in such Port in which they are shipped for the landing them in the said Plantations and not elswhere And forasmuch as several considerable and advantagious Trades cannot be conveniently driven and carried on without the Species of Money or Bullion and that it is found by experience that they are carried in greatest abundance as to a common Market to such places as give frée liberty for exporting the same and the better to kéep in and increase the current Coins of this Kingdom Be it Enacted and it is hereby Enacted That from and after the first day of August one thousand six hundred sixty and thrée it shall and may be lawful to and for any person or persons whatsoever to Export out of any Port of England or Wales in which there is a Customer or Collector or out of the Town of Berwick all sorts of Foreign Coyn or Bullion of Gold or Silver Foreign coin or bullion may be exported first making entry thereof in such Custom-house respectively without paying any Duty Custom Poundage or Fée for the same Any Law Statute or Vsage to the contrary notwithstanding And lastly Whereas a very great part of the richest and best Land of this Kingdom is and cannot so well be otherwise imployed and made use of as in the Féeding and Fattening of Cattel And that by the coming in of late of vast numbers of Cattel already fatted such Lands are in many places much fallen and like daily to fall more in their Rents and Values and in consequence other Lands also to the great prejudice detriment and impoverishment of this Kingdom Be it further Enacted by the Authority aforesaid and it is hereby Enacted That for every head of great Cattel except such as are of the bréed of Scotland that shall be imported or brought into England Penalties upon importation of Foreign cattel at certain times Wales or the Town of Berwick upon Tweed after the first day of July and before the twentieth day of December in any year And for every head of great Cattel of the bréed of Scotland that shall be imported or brought into England Wales or the Town of Berwick after the four and twentieth day of August and before the twentieth day of December in any year there shall be paid to his Majesty his Heirs and Successors the sum of twenty shillings And the sum of ten shillings to him or them that shall inform or seise the same And the sum of ten shillings to the Poor of the Parish where such Seisure or Information shall be made to be recovered and levied by Bill Plaint or other Action wherein no Essoign Protection or Wager in Law shall be allowed And moreover That there shall be paid to his Majesty his Heirs and Successors for every Shéep which shall be Imported into England Wales or the Town of Berwick aforesaid after the First day of August and before the Twentieth day of December in any year the sum of Ten shillings of lawful money of England to be recovered and levied in manner aforesaid Provided always That this Act in so far as it relates to great Cattel or Shéep The continuance of this Act as to importation of cattel Encouragement of Herring Fisheries shall not take place till the First day of July One thousand six hundred sixty and four nor continue longer then the end of the First Session of the next Parliament And for the encouragement of the Herring and North-Sea Island and Westmony Fisheries Be it Enacted and it is hereby Enacted 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 four no Fresh Herring Fresh Cood or Haddock Coal-fish or Gull-fish shall be Imported into England Wales or the Town of Berwick but in English-built Ships or Vessels or in Ships or Vessels bona fide belonging to England Wales or the Town of Berwick and having such Certificate thereof as is abovesaid and whereof the Master and thrée Fourths at the least of the Mariners are English and which hath béen fished caught and taken in such Ships or Vessels and so navigated and not being ●ought or had of any strangers born or out of any strangers Bottoms under the pain of the forfeiture of all such Herring Codd Haddock Coal-fish or Gull-fish imp●●ted contrary to the true intent and meaning hereof and of the Ship or Vessel in which it was Imported One moyety of which forfeitures shall be to his Majesty his Heirs and Successors and the other moyety to him or them that shall inform seise or sue for the same to be recovered by Bill Plaint or other Action wherein no Essoign Protection or Wager in Law shall be allowed And be it further Enacted and it is hereby Enacted by the Authority aforesaid Duties to be paid upon importation of salted or dried Fish That for the following sorts or kinds of salted or dried Fish which from and after the said First day of August shall be imported into England Wales or
and by the Authority thereof That from and after the first day of October next ensuing It shall and may be lawful for any person or persons whatsoever Native or Foreigner fréely and without paying any Acknowledgement Fee or other Gratuity for the same in any place of England and Wales In the occupation of dressing and ustng of Hemp and Flax. priviledged or unpriviledged Corporate or not Corporate to set up and exercise the Trade Occupation or Mystery of breaking hickling or dressing of Hemp or Flax as also for making and whitening of Thread as also of Spinning Weaving Making Whitening or Bleching of any sort of Cloth whatsoever made of Hemp or Flax only As also the Trade Occupation or Mystery of making of Twine or Nets for Fishery or of Stoving of Cordage As also the Trade Making of tapestry hanginge Foreigners may use those trades and enjoy all priviledges as natura born subjects Oath of Allegeance and Supremacy Occupation or Mystery of making any sort of Tapistry-Hangings Any Law Statute or Vsage to the contrary in any wise notwithstanding And all Foreigners that shall really and bona fide set up and use any of the Trades and Manufactures aforesaid by the space of thrée years in this Kingdom of England Dominion of Wales and Town of Berwick upon Tweed shall from thenceforth taking the Oaths of Allegiance and Supremacy before two Iustices of the Peace near unto their dwellings who are hereby authorized to administer the same enjoy all Priviledges whatsoever as the Natural born Subjects of this Kingdom And it is hereby Enacted and Declared That such Foreigners as shall exercise any of the Trades aforesaid by vertue of this Act shall not at any time be lyable to any other or greater Taxes Payments or Impositions then such as are or shall be paid by his Majesties Natural born Subjects unless in case they shall use and exercise Merchandize into and from Foreign parts in which case they shall be lyable to pay such Customs as have usually béen paid by Aliens during the space of Five years next ensuing and no longer CAP. XVI Herring and other Fisheries Regulated And a Repeal of the Act concerning Madder FOr the prevention of abuses in the packing and ordering of Herrings and bringing that Commodity into Credit in Foreign parts beyond the Seas Be it Enacted and it is hereby 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 first day of August One thousand six hundred sixty four No white or red Herrings of English catching shall be put to sale in England Wales How herrings shall be packed or in the Town of Berwick upon Tweed but what shall be packed in lawful Barrels or Vessels and which shall be well truly and justly laid and packed And shall be of one time of Taking Salting Saving or Drying and equally well packed in the midst and every part of the Barrel or Vessel and by a sworn Packer And the Barrel or Vessel marked or branded by such sworn Packer with a mark or brand denoting the gage of the Barrel or Vessel and the quantity quality and condition of the Herrings packed therein and the Town or place where they were packed And the Bailiffs of Great Yarmouth for the time being and the Mayor Bailiffs or other Head-Officer for the time being of every Port Haven or Créek out of which any vessels or ships do procéed to fish for Herrings are hereby authorized and required before the first day of July Able packers to be appointed and sworn in the year One thousand six hundred sixty four and before the first day of July in every year after to appoint for their respective Haven Port or Créek a competent number of able and experienced Packers to view and pack all such white or red Herrings of English catching as shall be brought into their Port Haven or Créek and well and truly to mark and brand the Barrels or Vessels into which they shall be packed with such mark or brand as is above directed and to administer to them yearly an Oath which Oath they are hereby authorized and appointed to give to them for the well and true doing thereof according to this Act. Penalty for not appointing and swearing packers And in case the said Bailiffs of Great Yarmouth or the Mayor Bailiffs or other Head-Officer for the time being of any such Port Haven or Créek shall not appoint and swear such Packers before such time in every year as is by this Act required they shall for every default forfeit the sum of One hundred pounds of lawful money of England one moyety to his Majesty his Heirs and Successors and the other moyety to him or them that shall inform or sue for the same in any Court of Record by Bill Plaint or other Action wherein no Essoign Protection or Wager in Law shall be allowed And for the better regulating of the Island and Westmony Fisheries We●y Island and Preservation of the Spawn of fish there Be it Enacted and it is hereby Enacted by the Authority aforesaid That from and after the five and twentieth day of December One thousand six hundred sixty thrée no ship or vessel shall procéed upon a Fishing-Voyage for Island or Westmony out of any Port Haven or Créek in England or Wales or out of the Port of Berwick upon Tweed until the tenth day of March in any year upon the pain of the forfeiture of every such ship or vessel with all her Furniture Tackle and Apparel and of all the fish caught in such ship or vessel And it is hereby further Enacted by the Authority aforesaid That no person or persons whatsoever do collect levy or take or cause to be collected levyed or taken in New-found-land any Toll New-found-land or other duty of or for any Cod or Poor John or other fish of English catching under pain of the loss of double the value of what shall be by them levied collected or taken or caused to be collected levied or taken And that no Planter or other person or persons whatsoever do cast or lay any Seme or other Net in or near any Harbour in New-found-land whereby to take the spawn or young Fry of the Poor John or for any other use or uses except for the taking of Bait only upon pain of the loss of all such Semes or Nets and of the fish taken in them or of the value thereof to be recovered in any of his Majejesties Courts in New-found-land or in any Court of Record in England or Wales by Bill Plaint or other Action wherein no Essoign Protection or Wager in Law shall be allowed And it is hereby further Enacted by the Authority aforesaid That no Planter or other person or persons whatsoever None may destroy houses or spoil nets c.
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 com●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
upon Tweed At which Conventicle Méeting or Assembly there shall be five persons or more assembled together over and above those of the same Houshold Then it shall and may be lawful to and for any two Iustices of the Peace of the County The punishment and manner of proceeding against them for the first offence Limit Division or Liberty wherein the Offence aforesaid shall be committed or for the Chief Magistrate of the place where such Offence aforesaid shall be committed if it be within a Corporation where there are not two Iustices of the Peace And they are hereby required and enjoyned upon proof to them or him respectively made of such offence either by confession of the party or oath of Witness or notorious evidence of the Fact which Oath the said Iustices of the Peace and Chief Magistrate respectively are hereby impowred and required to administer to make a Record of every such offence and offences under their hands and seals respectively which Record so made as aforesaid shall to all intents and purposes be in Law taken and adjudged to be a full and perfect Conviction of every such Offender for such offence And thereupon the said Iustices and Chief Magistrate respectively shall commit every such Offender so convicted as aforesaid to the Gaol or house of Correction there to remain without Bail or Mainprise for any time not excéeding the space of thrée Moneths unless such Offender shall pay down to the said Iustices or Chief Magistrate such sum of money not excéeding five pounds as the said Iustices or Chief Magistrate who are hereby thereunto authorized and required shall Fine the said Offender at for his or her said offence which money shall be paid to the Church-wardens for the relief of the Poor of the Parish where such Offender did last inhabit And be it further Enacted by the authority aforesaid The second offence That if such Offender so convicted as aforesaid shall at any time again commit the like offence contrary to this Act and be thereof in manner aforesaid convicted Then such Offender so convict of such second offence shall incur the penalty of Imprisonment in the Gaol or house of Correction for any time not excéeding six months without Bail or Mainprise unless such offender shal pay down to the said Iustices or Chief Magistrate such sum of money not excéeding Ten pounds as the said Iustices or Chief Magistrate who are thereunto authorized and required as aforesaid shall Fine the said Offender at for his or her said second offence the said Fine to be disposed in manner aforesaid And be it further Enacted by the Authority aforesaid The third offence That if any such Offender so convict of a second offence contrary to this Act in manner aforesaid shall at any time again commit the like offence contrary to this Act Then any two Iustices of the Peace and Chief Magistrate as aforesaid respectively shall commit every such Offender to the Gaol or house of Correction there to remain without Bail or Mainprise until the next General Quarter Sessions Assizes Gaol-delivery great Sessions or sitting of any Commission of Oyer and Terminer in the respective County Limit Division or Liberty which shall first happen when and where every such Offender shall be procéeded against by Indictment for such offence and shal forthwith be arraigned upon such Indictment and shall then plead the General Issue of not guilty and give any special matter in Evidence or confess the Indictment And if such Offender procéeded against shall be lawfully convict of such Offence either by Confession or Verdict or if such Offender shal refuse to Plead the General Issue or to confess the Indictment then the respective Iustices of the Peace at their General Quarter-Sessions Iudges of Assize and Gaol-delivery at the Assizes and Gaol-delivery Iustices of the great Sessions at the great Sessions and Commissioners of Oyer and Terminer at their sitting are hereby enabled and required to cause Iudgement to be entred against such Offender That such Offender shall be Transported beyond the Seas to any of His Majesties Foreign Plantations Virginia and new-New-England onely excepted there to remaine Seven years And shall forthwith under their Hands and Seals make out Warrants to the Sheriff or Sheriffs of the same County where such Conviction or Refusal to Plead or to Confess as aforesaid shall be safely to convey such Offender to some Port or Haven néerest or most commodious to be appointed by them respectively And from thence to Embarque such Offender to be safely Transported to any of his Majesties Plantations beyond the Seas as shall be also by them respectively appointed Virginia and New-England onely excepted Whereupon the said Sheriff shall safely Convey and Embarque or cause to be Conveyed and Embarqued such Offender to be Transported as aforesaid under pain of forfeiting for default of so Transporting every such Offender the sum of forty pounds of lawful money the one Moyety thereof to the King 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 or Information In any of which no Wager of Law Essoign or Protection shall be admitted And the said respective Court shall then also make out Warrants to the several Constables Headboroughs or Tythingmen of the respective places where the Estate real or personal of such offender so to be Transported shall happen to be commanding them thereby to Sequester into their hands the profits of the Lands and to distrain and sell the Goods of the offender so to be Transported for the reimbursing of the said Sheriff all such reasonable charges as he shall be at and shall be allowed him by the said respective Court for such Conveying and Embarquing of such offender so to be Transported rendring to the party or his or her Assigns the overplus of the same if any be unless such offender or some other on the behalf of such offender so to be Transported shall give the Sheriff such Security as he shall approve of for the paying all the said Charges unto him And be it further Enacted by the Authority aforesaid How Seditious Sectaries convicted may be transported That in default of defraying such Charges by the parties so to be Transported or some other in their behalf or in default of Security given to the Sheriff as aforesaid It shall and may be lawful for every such Sheriff to Contract with any Master of a Ship Merchant or other person for the Transporting of such offender at the best rate he can And that in every such case it shall and may be lawful for such persons so Contracting with any Sheriff for Transporting such offender as aforesaid to detain and employ every such offender so by them Transported as a Labourer to them or their Assigns for the space of Five years to all intents and purposes as if he or she were bound by Indentures to such person for
Earl of Lindsey Lord Great Chamberlain of England Robert B●tie Edward Russel Bannestre Maynard Esquires Sir John Barrington Knight and Baronet Sir Henry Appleton Sir William Ailoffe Sir William Hicks Sir Andrew Jennour Sir William Wiseman Sir Richard Everard Baronets Sir Capel Luckin Knight and Baronet Sir Martin Lumley Baronet Sir Thomas Abdy Sir Robert Abdy Sir William Wiseman Knights and Baronets Sir Thomas Smith Sir Thomas Cambel Baronets Sir James Altham Sir John Bramstone Knigh●s of the Bath Sir John Tyrel Sir Erasmus Delafontain Sir Thomas Bowes Sir Cranmer Herris Sir Henry Clarke Sir Edmond Pierce one of the Masters of the Chancery Sir Anthony Brown Sir Richard Wiseman Sir William Battin Sir John Shaw Sir Robert Brooke sir Richard Everard sir Thomas Littleton sir Robert Barington sir Thomas Gardner sir Moundeford Br●mstone sir William Glascock two of the Masters of the Chancery sir Thomas Fanshaw sir Thomas Byde sir William Hicks sir Edward Beaucock Knights John Bendish Charles Fytche Gamaliel Capel Richard Samms Thomas Meade Peter Soame John Tyrrel Thomas Arg●l Oliver Reymond John Atwood Henry Woolaston Henry Pert John Eldred senior John Eldred junior John Paschall John Godbolt Robert Joselyn William Glascock Tristram Conyers Thomas Luther VVilliam Umphrevil Thomas Roberts John James George Pert William Colecroft William Webb Robert Leigh William Appleton John Berners Robert Clerk John Turner Richard Kirkby Carew Harvy Mildmay Robert Cheeke Francis Bramstone Edward Bullock Stephen Smith Robert Mildmay Henry Weight Gilbert Pierce _____ Hare of Lee James Norfolk Cutbert Martin Thomas Talcot Esquires Philip Eldred Henry Ailoff George James Thomas King VVilliam Harris John Thorowgood William Palmer Richard Stanss Alexander Prescot Thomas Legate John Sorrel Edward Glascock William Ashley Gentlemen Thomas Wharton Anthony Maxie and Thomas Garret Esquires Anthony Knightbridge of Writtle Gent. Captain Richard Stams sir Richard Browne Knight and Baronet and Jeremy Lacy. Colchester For the Town of Colchester the Mayor for the time being sir John Shaw Knight Recorder Sir Edmond Peirce Knight Gilbert Peirce Thomas Talcot Esquires Thomas Reynalds Andrew Fromanteel Henry Lambe Robert Legg William Moore Aldermen John Robinson George Sandford James Norfolke Esquires and Thomas Creffeild Alderman Maldon For the Town of Maldon The Bailiffs for the time being Reuben Robinson Samuel Plumbe Francis Gourney James Starling John Hart Aldermen and Bartholomew Brickwood Harwich For the Town of Harwich The Mayor for the time being Sir Capel Luckin Baronet George Colman Richard Fuller Henry Wright Aldermen _____ Gerard Daniel Smith Thomas King Anthony Woolward Samuel Newton and Miles Hobart Gentlemen Gloucester For the County of Gloucester Henry Lord Herbert of Ragland son and heir apparent to Edward Marquis of Wo●cester James Earl of Newburgh in the Kingdom of Scotland John Viscount Scudamore of the Kingdom of Ireland John Viscount Tracy of the Kingdome of Ireland Sir Matthew Hal● Knight Lord Chief Baron of His Majesties Court of Exchequer Sir Henry Capell Knight of the Bath sir Bainham Throckmorton Knight and Baronet sir Henry Frederick Thynne sir William Ducy sir Richard Ashfeild sir Edward Bathurst sir Robert Jenkinson sir John Howe sir Christopher Guise sir Edward Fulse sir William Keyte sir Richard Cox Baronets sir William Moreton Knight one of His Majesties Serjeants at Law sir Robert Po●●● sir Robert Atkins Knights of the Bath sir William Catchmay sir Edward Bray sir Edward Mas●ey sir Thomas Stephens Sir Thomas Overbury Sir Gabriel Lowe sir John Newton sir Humphrey Hooke sir Thomas Howe Knights John Grubham Howe Esquire Evan Seyes Sergeant at Law Francis Baber Doctor of Law George Mountague VVilliam Dutton William Cooke John Chamberlaine John Stephens William Cope John Codrington Richard Atkins Henry Powle William Selwyn Duncombe Cholcester Hen-Benedicte Hall Thomas Masters Thomas Escourt John George John Smith Richard Stephens William Morgan Edward Rich Andrew Barker Richard Whitemore William Stafford John Winter Fleetwood Dormer Samuel Codrington Thomas Chester Henry Syms Philip Shepard Richard Sackevil Giles Fettiplace Thomas Thynne Robert Pleydal Thomas James William Stratford Richard Dowdeswell Miles Rutter Thomas Horton Sylvanus Wood William Leigh Francis Norwood David Williams John Berrowe Tho. Seymour Will. Try Will. Bourchier Charles Cox John Guyse Rich. Berkley Rich. Daston Will. Jones Robert Oldsworth Richard Baugh John Robins Thomas Marriott Esquires Thomas Riche William Hinson VVilliam Lawrence William Dowdeswell Henry Browne Robert Heydon Nicholas Veale John Wyniat Thomas Walle William Thorpe John Driver Conway Whitterne VVilliam Winter Richard Machen John Coles Thomas Ayleway James Hawkins Christopher Woodward and the Bailiffs of Tewkesbury for the time being Anthony Sambich William Batson Sir John Baker Knight William Stafford junior City of Gloucester For the City and County of the City of Gloucester Henry Lord Herbert of Ragland Son and Heir apparent of Edward Marquis of Worcester Robert Feilding the present Mayor and the Mayor for the time being Sir William Morton Knight one of His Majesties Sergeants at Law Recorder of the said City Sir Edward Massey Knight Evan Seys Sergeant at Law John Grubham-Howe Edward Nurse Thomas Williams Esquires Henry Cugley James Stephens William Russel John Powel Thomas Yate Thomas Price John Woodward Anthony Arnold Henry Ockold John Wagstaffe and Henry Fowler Aldermen Hereford For the County of Hereford Henry Lord Herbert of Ragland son and heir apparent to Edward Marquis of Worcester John Lord Viscount Scudamore of the Kingdome of Ireland James Scudamore Wallop Brabazon Esquires Sir James Bridges Sir John Kerle Sir William Powell Sir Thomas Morgan Baronets Sir Thomas Hanbury Knight Sir Edward Harley Knight of the Bath Sir John Scudamore Baronet Sir Herbert Perrot Knight Sir Edward Hopton Sir Thomas Tomkins Sir Job Charleton Knights Fitz-William Coninsby Thomas Cornwall Thomas Whitney Herbert Aubrey senior John Price senior Thomas Price Walter Pye Roger Vaughan Herbert Westfaling Herbert Aubrey junior John Scudamore senior Humphrey Cornwall John Scudamore junior John Barnaby de Canon Pyon Reynald Graham Thomas Cox Edward Cornwall John Skippe Bennet Hoskins Richard Hopton Giles Bridges Thomas Geers Thomas Carpenter John Hoskins de Harewood Humphrey Howorth William Gregory Francis Unett John Hanford Humphrey Baskervill John Birch John Barnaby de Brockhampton John Vaughon John Booth de Hereford Thomas Harley Ambrose Elton Robert Pye Budhale Gwilline Richard Wigmore John Nourse Nicholas Walwyn VVilliam Whittington Thomas Rod John Booth de Braynton Thomas Wigmor William Westfaling Robert Rod Richard Reed Timothy Coles VVilliam Brydges Henry Milbourne Herbert Masters William Brome John Dancy John Gwyllym de Wellington Richard Walwyn de Hellens Humphrey Tayler de Withington John Kidley de Bromeley Thomas Marrer de Kings Capel Thomas Gomond de Kilpeck George Carver de Buthouse Esquires the Bailiff for the Borough of Leominster for the time being John Tomkins Richard Rodd de Rodd Edward Rodd Thomas Blaney Edward Freeman Thomas French and Thomas Duppa de Earsley Esquires City of Hereford For the City of Hereford Robert Simonds Esquire the present Mayor and the Mayor for the time
Thurban Gentleman and George Bowerman Esquire Sir John Henden Knight William Campion William Hammon John Andrews Edward Gulstone Reynald Peckham Esquires The Mayor of Sandwich for the time being Tobias Cleere Phineas Elwood John Verrier Valentine Jekin Jeoffrey Wells Jeoffrey Saket The Mayor of Dover for the time being Richard Jacob Nicholas Eaton William Eaton John Watson John Loome Richard Barley Walter Brames Esquires The Mayor of Rumney for the time being Robert Winill Jeremy Stanford Stephen Brett Thomas Chalcross The Mayor of Heith for the time being John Finch James Pashlie The Mayor of Feversham for the time being John Trouts Esquire John Upton Robert Watson Thomas Southouse The Mayor of Tenderden for the time being Edward Finch Esquire Captain Plomer Thomas Short The Bayliff of Lydd for the time being John Bateman Thomas Bedingfield Michael Childwicke The Mayor of Folkeston for the time being The Mayor of Fordwitch for the time being Thomas Bigg William Norton senior Thomas Norton junior Esquires and John Luckin Canterbury For the City of Canterbury The Mayor for the time being Sir William Man Sir Edward Master Knights Thomas Hardresse Esquire Recorder of the said City John Best Edward Master Squire Beverton Esquires William Stanley Henry Twyman Avery Hills and Leonard Browne Alderman Lancaster For the County of Lancaster Charles Earl of Ancram in the Kingdom of Scotland VVilliam Stanley William Spencer Esquires Sir Richard Houghton Sir George Midleton Sir Robert Binloss Sir Edward Stanley Sir Edward Mosley Sir Ralph Ashton of Whaley Sir Ralph Ashton of Midleton Baronets Sir Gilbert Ireland Sir Roger Bradsheigh Sir Henry Slater Sir Jeoffery Shakerley Sir John Heath Knights John Mollineux Richard Kirkby Roger Nowell Edward Fleetwood Henry Bainstre VVilliam Farrington Robert Holt Laurence Rawstorne Hugh Dickenson William Radley Nicholas Townley John Parker Nathaniel West Thomas Preston John Girlington Daniel Fleming Robert Rawlinson Jeoffrey Rishton Alexander Osbaldeston Alexander Rigby of Middleton John Lightbonne Edward Rigby Francis Lindley Thomas Bradill Christopher Parker Thomas Norres Richard Legh Richard Penington Richard Fleetwood of Rossall Thomas Butler Nicholas Mosley John Halsted of Banckhouse Major John Byrom Robert Heywood James Duckenfeild Matthew Richardson Peers Legh John Entwisley John Risley Cuthbert Ogle Henry Houghton John Birch of Ordsdall Bartholomew Hesketh Captain Byrom Thomas Ashton George Hilton Henry Porter Thomas Caruss William Fife Thomas Greenehalgh Thomas Holt junior Roger Ke●non VVilliam Daniel Peter Adlington Ambrose Ludsay Thomas Ashurst VVilliam Kirkby William Banckes junior Richard Leigh Esquires John Aynsworth Thomas Leigh Nicholas Fezackerly Captain Brabin Captain Longworth Nicholas Pennington William Wall Seth Blackhurst James Hodgkinson Joseph Rigby Luke Hodgkinson Ralph Mercer Alexander Woodward Alexander Rigby of Layton John Tatlock Gentleman Edward Dobson Esquire The Mayor of Wiggan for the time being The Mayor of Lancaster for the time being The Mayor of Leverpoole for the time being The Mayor of Preston for the time being John Chandler Gent. Leicester For the County of Leicester Thomas Lord Beaumont of the Kingdom of Ireland John Lord Roos son and heir apparent to John Earl of Rutland Bennet Lord Sherard of the Kingdom of Ireland John Grey Esquire Sir George Villiers Sir Erasmus de la Fountain Sir Tho. Halford Sir Thomas Cave Sir Jeoffry Palmer Sir Woolstan Dixie Sir Henry Hudson sir George Prettyman Baronets sir William Hartop sir John Heath Knights John Crew Philip Sherard Henry Neville George Faunt Tho. Menye Matthew Babington William Noell William Boothby Samuel Jarvis John Fountaine Walter Rudings Thomas Armstone Roger Roe William Whalley Richard Brudenell William Roberts Captain Burton VVilliam Hartop Richard Orton John Needham of Osbaston John Morton Thomas Bradgate Richard Bradgate William Streete William Halford John Turvile William Belgrave John Needham VVilliam Skevington Iohn Hackett Thomas Stavely George Ashby Richard Verney John Cave Stanhope Whalley William Leake Iohn Danvers Thomas Bennet William Bent Roger Smith William Trimnel Henry Farneham Francis Chamberlain Robert Barnard Iohn Barwel Henry Bigland Neale Hewett William Cole Esquires Leicester For the Borough of Leicester William Callis Mayor of Leicester Sir John Prittiman Baronet Sir William Hartopp Knight Walter Rudeings Esquire Richard Palmer Richard Lincoln Alexander Coats Thomas Freeman Thomas Overing Thomas Brown Daniel Abney John Franks Francis Noble Gent. and Thomas Stavely Esquire Lincoln For the County of Lincoln and City and County of the City of Lincoln George Lord Viscount Castleton of the Kingdome of Ireland Robert Lord Willoughby of Earsby Son and Heir apparent to Mountague Earl of Lindsey Lord Great Chamberlain of England William Mountague William Pierpoint Esquires Sir Philip Tyrwhitt Sir Edward Barkham Sir Humphry Winch Sir Henry Massingbord Baronets Sir Francis Goodrick Sir John Moreton Sir Francis Dallison Knights Philip Tyrwhit Henry Fines William Metham Willam Marwood George Sanderson John Ogle Edward Merberry Esquires William Willoughby Esquire Sir John Mounson senior Sir John Bolles Sir William Hickman Sir Robert Dallison Sir Edward Lake Sir John Anderson Baronets Sir John Mounson junior Knight of the Bath Sir Thomas Meres Knight Charles Pelham senior Edward Tourney senior Cycil Turwhitt William Godfrey William Brownlow George Healey William Anderson John Farmary of Northrop Edward Tourney junior John Stow Esquires Sir Henry Bellasis Knight of the Bath Sir Thomas Bernardiston Sir William Wray Sir George Wynne Baronets Sir Edward Aiscough Knights Charles Pelham junior Jervas Hollis Master of Requests William Wentworth William Broxholme Marmaduke Dorrel junior William Bard Alexander Emerson John Nelthrop John Boswel Charles Newcomen Esquires Sir Thomas Ellis Baronet Sir Adrian Scroop Knight of the Bath Sir Martin Lister Sir Robert Christopher Knights John South John Bolles William Fitz-William John Hanby Isaac Knight Charles Radley William Woley William Ballet senior Robert Long Thomas Ely Dymocke Walpoole George Osney Henry Midlemore Esquires Sir Francis Fane Knight of the Bath George Sherard Esquire Sir Thomas Hussey Sir William Thorold Sir John Newton Sir Richard Rothwel Baronets Sir John Walpoole Knight Charles Dymocke Lewis Palmer Anthony Thorold Molleneux Disney Christopher Nevil Richard Brownlow Thomas Ellis William Lister John Hobson Richard Ryley Thomas Petchel Stephen Rothwel John Wilson Henry Stone Anthony Williams VVilliam Thornton VVilliam Rivett Esquires Robert Laming John Colthurst John Trafford Gentlemen Sir Michael Armin Sir John Brownlow Sir Robert Markham Sir VVilliam Brownlow Sir VVilliam Trollop Sir John Bucke Baronets Sir Thomas Orpe sir Christopher Clapham Knights Thomas Hatcher William Stafford Erasmus De Ligne John Hatcher Thomas Harrington William Blyth John Saunders William Savile Edward Skipwith Francis Wingfield Thomas Trollop Adam Cleypoole Philip Dalloe Thomas Skipwith William Hyde William Trollop William VVelby Lister Teigh Esquires Robert Garland Gentleman Thomas Grantham Peregrine Berley sir Anthony Oldfield Baronet sir Henry Heron Knight of the Bath sir Anthony Irby sir Robert Carr Knights sir VVilliam Humble Baronet sir John Brown Knight Thomas Thory Thomas Hall John Jay Charles Skipwith John Lockton Esquires Thomas Brown Gentleman Matthew VVoolmer
Anthony Oldefield Esquires John Empson Esquire Joseph VVhiting Charles Rushworth Samuel Jackson Anthony Hall Doctor Sturton Richard Balder Robert Bisle VVilliam Dickinson Gentlemen Adlard VVelby David Bonnel Esquires John Jelson Daniel Rhodes George Caverne Henry Morley Israel Jackson Gentlemen Thomas Marham Doctor Richer Robert Melish Esquires Richard Milner Gentleman the Mayor of the City of Lincoln for the time being and the four senior Aldermen viz. VVilliam Bishop Edward Blowe Richard Wetherel Robert Wrose the Mayor and the thrée senior Aldermen of Boston viz. John Ellis George Slee Samuel Beeston the Mayors of Stamford and Great Grimsby and the Alderman of Grantham for the time being Doctor Thomas Saunderson William Perkins and Richard Leemine Daniel Thorowgood Richard Butcher George Hill Gentlemen John Humphreys Esquire Charles Bawds Stephen Mason Esquire Samuel Burton John VVimberly Gent. London For the City of London sir John Lawrence Knight Lord Mayor and the Lord Mayor for the time being sir Thomas Adams sir Richard Brown sir Thomas Alleyn sir John Robinson sir VVilliam VVild Recorder Knights and Baronets sir Richard Chiverton sir John Frederick sir Anthony Bateman sir Thomas Soame sir Thomas Bludworth sir VVilliam Bolton sir VVilliam Peake sir VVilliam Turner sir Richard Ford sir Richard Reeves sir VVilliam Thompson sir Theophilus Biddulph sir John Shaw sir VVil. VVale Knights Francis Meynel Samuel Sterling Robert Hanson VVilliam Hooker Thomas Bonfoy Roger Hatton Nicholas Bonfoy John Bence Richard Shelbury Aldermen and the Aldermen and Recorder of the said City for the time being George Waterman Charles Doe Sheriffs and the Sheriffs for the time being John Jones John Jolliffe Thomas Thurgis Henry Dunstar VValter Lap Esquires James Abernoite Middlesex Sir Edward Turnor Knight Speaker of the Honourable House of Commons sir Thomas Ingram Chancellor of the Dutchy of Lancaster Hugh Lord Colrain in the Kingdom of Ireland sir Orlando Bridgman Chief Iustice of the Common-Pleas Henry Lord Cornebury son and heir apparent to Edward Earl of Clarendon Lord Chancellor of England Edward Russel George Mountague Christopher Hatton Thomas Coventry William Mountague Robert Spencer Henry Seymour Esquires sir Henry Bennet Principal Secretary of State John Ashburnham esquire one of his Majesties Bedchamber Edward Progers esquire one of his Majesties Bedchamber Thomas Elliot esquire one of his Majesties Bedchamber sir Harbottle Grimston Baronet Master of the Rolls sir Heneage Finch Knight and Baronet his Majesties Solicitor General sir Gilbert Gerard sir Thomas Fisher sir Henry Wood sir John Robinson sir Jeremy Whichcot sir William Waller sir Richard Franklin sir Joseph Ash sir Reginold Foster sir William Roberts sir Hugh Smithson Baronets sir John Brampston sir Robert Atkins sir John Bennet Knights of the Bath sir Henry Herbert sir Thomas Allen sir Nicholas Crisp sir Thomas Roe sir William Bateman sir Lancelot Lake sir Henry Wroth sir Francis Gerard sir John Glyn sir John Maynard sir John Heath Attorney of the Dutchy sir Winston Churchil sir John Cropley sir Charles Harbord sir Robert Hyde Lord Chief Iustice of the Kings Bench sir Edmond Boyer sir Thomas Clergies sir James Smith sir Ellis Leighton sir Thomas Player junior sir Thomas Byde sir William Rider sir Clifford Clifton sir Gilbert Gerard of Harrow sir Gilbert Gerard of St. James sir John Nicholas sir Philip Warwick sir Christopher Eyres sir John Birkenhead one of his Majesties Masters of Requests sir Cycil Wich sir Robert Car sir Edmond Barker sir John Colliton sir Edmond Peirce sir Justinian Lewin sir Thomas Escourt sir Edward Wingfield sir Henry Wernon sir Paul Painter Knights William Ashburnham Cofferer of his Majesties Houshold Sergeant Wynham Sergeant Waller Charles Cornwallis Humphrey Weld Francis Crawley Edmond Waller George Pit Sydney Bere John Carey Henry Barker John Brown Edwin Rich Francis Bloomer Joseph Ayloffe Thomas Swallow Richard Peacock Charles Cheyne John Trevor Francis Philips Robert Jacob William Hill John Heydon George Day George Marsh William Page Andrew Ellis John Page William Meggs Thomas Collet Ralph Hawtry Thomas Povey Giles Hungerford Thomas Lake Richard Dunton James Hawley Erasmus Moise Charles Pitfield Thomas Kendal Thomas Harrison Thomas Wharton John Jones Henry Osborn John Smith William Goldsborough Richard Abel John Wilford David Walter Richard Cheney Richard Procter James Norfolk John James John Fetherley William Northrey John Philips Auditor Edmund Warcup Roger Jennings Robert Child William Marshall Thomas Ardin Jasper Churchil Daniel Procter John Baldwin VVilliam Bowles VValter B●othby Nicholas Ranton John Gouldsmith Henry Murrey John Hutchinson Edward Rich Robert Peyton Pawlet St. John VVilliam Dormer Edmond Draper Doctor VVilliam Quarterman esquires sir Thomas Bird one of the Masters of Chancery sir Frederick Hyde Sergeant at Law Robert Hanson Lestrange Colthrop esquires sir Charles Cotterel sir John Birkenhead Richard Atkins James Hambleton one of his Majesties Bed-chamber Edward Trussel Maximilian Bard VVilliam Harpham esquires Mr. Bathurst of Edmonton John Layney John Pawlet Mr. VVood of Littleton Mr. Roberts of Hayes John VValker Mr. Thomas Diconson of Hillingdon Robert Hampton Robert Shoredith Gentlemen Captain Harrington of Staynes Major John Bill Michael Holman Henry Row esquires Mr. Leigh of Greenford Mr. Claxton of Sudbury Mr. Brigginshal of Hayes Mr. Chute of VVilsdon Thomas Nevet Mr. Farrington of South-mims VVilliam Bockenham John Thorp John Norwood John Lloyd Gentlemen sir Richard Napier Robert Napier Tho. Henshaw Griffith Bodurda esquires sir Thomas Thorowgood Knight Frederick Cornwallis Francis Cornwallis and Henry Murrey Esquires Westminster For the City of VVestminster Thomas Lord Richardson Baron Cramond in the Kingdom of Scotland sir VVilliam Morrice Knight Principal Secretary of State sir Henry Bennet Principal Secretary of State sir Edward Nicholas Knight one of his Majesties most honourable Privy Councel George Mountague esquire sir Heneage Finch Knight and Baronet his Majesties Solicitor-General sir VVilliam Plaiters Baronet sir Robert Long sir Lancelot Lake sir Robert Pye sir Charles Harbord sir Cycil VVich Knights sir Edmond Pye Knight and Baronet sir John Cotton Baronet sir Henry Herbert sir John Nicholas Knight of the Bath sir Philip VVarwick sir Richard Everard sir Edward Filmer sir Allen Apsley sir Henry VVood sir Thomas M●res sir John Talbot sir Charles Cotterel sir Thomas Higgons Knights sir Thomas Littleton Baronet sir VVilliam Poultney Knight sir John Bennet Knight of the Bath sir VVilliam VVheeler Baronet sir Thomas Clergies Knight sir John Birkenhead one of his Majesties Masters of Requests sir VVilliam Clerke sir Anthony I●by sir Robert Howard Knights sir Edward Greavers Baronet sir John Baber Knight sir John Collaton Knight and Baronet sir Edward Broughton Baronet Iohn Ashburnham Bernard Greenvile Stephen Fox Cecil Tufton Iohn Trevor sir Richard Oately Reignald Graham Doctor VVilliam Quarterman esquires sir Theodore le Vaux sir Hugh Carteret Knights Colonel VVhitley George Pitts Richard Newman Mr. Dolbin Steward of VVestminster Robert Scawen Iohn Browne Thomas Povey Richard Atkins Richard Mason Thomas Coppin VVilliam Glascock Bulleyn Reymes Edmond-Bury Godfrey Francis Lucy Thomas Morrice Robert Filmer Matthew Lock Thomas Russel
Francis Cory Christopher Jay Suckling Jay Leonard Mapes Henry Clifton Clement Herne Nathaniel Showldham Richard Nixon Edmond Doyley John Thugton John Cock Tho. Browne of Elsing Tho. Corey John Kendall Lawrence Oxburgh John Shadwell Robert Coney Rob. Haughton Rich. Godfrey John Anguish Anthony Fisher Edward Barber Tho. Drury Nich. Rookewood Anth. Drury Robert Drury Tho. Talbot Nich. Styleman Jacob Preston Bassingbourne Gaudy Charles Gaudy VVilliam Davy of Ellingham Nathaniel Knevet Edmond Britiff Simon Britiff Tho. Wright of Kilverston Munford Spelman Edmond de Grey Tho. Wright of Ovington William Brampton and Robert Buxton Gentlemen Kings Lynn For the Burrough of Kings Lynn The Mayor for the time being Robert Steward Recorder Walter Kerby John Basset Thomas Greene John Bird Benjamin Holly Henry Bell William Wharton Thomas Robinson Thetford For the Borough of Thetford The Mayor for the time being sir John Holland and sir Will. Gaudy Baronets sir Allen Apsly Knight Maurice Shelton Esq John Kendall Robert Tyrrell Edmund Hunt Burrage Martin and Osmond Clerk Gentlemen Great Yarmouth For the Burrough of Great Yarmouth The Bayliffs for the time being sir Thomas Meadow Thomas Pufflet John Cubitt Richard Jermin John Hall Abraham Castell Thomas Gooch Nathaniel Ashby John Row George England John Woodroff Edmund Thaxter Arthur Bacon Aldermen For the City of Norwich The Mayor for the time being sir Joseph Payne Knight Francis Cory Esquire Recorder Hen. Watts John Rayley Bernard Church John Man John Salter Christopher Jay Richard Wenman John Osborne John Croshold Will. Haward Esquires The two Sheriffs for the time being Augustine Briggs Tho. Wisse Robert Bendish Richard Couldham John Larrance Hen. Hirne Francis Norris Matthew Markham John Manser Henry VVoods Henry VVatts junior Thomas Thacker Thomas Chickeringe Northumberland For the County of Northumberland Henry Lord Viscount Mansfeild Son and Heir apparent to William Marquess of Newcastle Thomas Grey Ralph Grey Edward VVidrington Esquires sir VVilliam Fenwick sir Ralph Delaval Baronets sir VVilliam Forster sir Henry VViddrington sir Francis Lyddal Knights Edward Grey of Heaton Robert Delaval Cuthbert Heron Ralph Grey of Bradford Thomas Forster of Etherston VVilliam VVidrington William Fenwick of Beywell Ralph Heborn of Heborn John Clark Robert Shafto of Benwell Ralph Jenison John Salkeld the elder of Rock Thomas Benwick of the Closhouse Daniel Collingwood of Branton Richard Stote VVilliam Delaval of Benwick John Rodham of Little Houghton Nicholas Whitehead and Ralph Anderson Esquires VVilliam Warren and Michael Widrington of Morpeth Gentlemen For the Town of Berwick upon Tweed Colonel Edward Grey the Mayor for the time being Thomas Watson Andrew Moore Mark Armorer John Duglas Aldermen and Anthony Afton Bailiff For the Town and County of Newcastle upon Tine the Mayor for the time being sir John Marley and sir Francis Anderson Knights John Clarke and Henry Brabant Esquires Oxon. For the County of Oxon Thomas Earl of Downe in the Kingdome of Ireland Henry Lord Viscount Cornebury son and heir apparent to Edward Earl of Clarendon Lord Chancellor of England Philip Lord Wenman Viscount Tuam in the Kingdom of Ireland James Herbert John Lovelace Esquires sir Anthony Cope sir Henry Lee sir Thomas Spencer sir Thomas Penniston sir William Walter sir Anthony Craven sir Thomas Cleyton Warden of Merton Colledge sir Thomas Chamberlain sir Compton Read Baronets sir VVilliam Fleetwood sir VVilliam Morton one of his Majesties Sergeants at Law sir John Glyn one of his Majesties Sergeants at Law sir Francis Wenman sir Edward Norris sir Henry Jones sir John Robinson Lieutenant of the Tower sir Timothy Terryl sir Thomas Tipin sir John Clarke sir Edmund Bray sir George Croke sir Littleton Osbaldiston sir Robert Jenkinson sir Allen Apsly sir VVilliam Glyn sir Philip Harecourt sir Thomas Cob sir Samuel Jones Knights sir Edward Hungerford Knight of the Bath James Herbert John Lovelace David Walter one of the Grooms of his Majesties Bed-chamber Lewellin Jenkins Doctor of Laws Principal of Jesus Colledge Broome Whorwood Richard Crooke William Cope James Hyde Doctor of Physick President of Magdalen Colledge Thomas Willis Doctor of Physick Thomas Saunders Anthony Libb Vincent Barry Henry Allnut John Stone Francis Martin Edmund Lenthal John Clarke VVilliam Lenthal VVilliam Legg one of the Grooms of his Majesties Bed-chamber VVilliam Dormer John Cartwright George Chamberlain Thomas Wheate VVilliam Sheppard William Cartwright Rowland Lacy Arthur Jones Henry Allworth Doctor of Laws Richard Hollaway Counsellour at Law John Clitherow Gentleman Robert Dormer Raynald Bray William Bayley Thomas Hord John Doyley Charles Hollaway Sergeant at Law Charles Hollaway Thomas Coventry Matthew Skinner Doctor of Physick Samuel Sandys junior William Gamcock Robert Vesey Robert Perrot junior _____ Sheppard of Rosewright Edward Vernon John West William Oakeley Esquires William Wright and John VVickham Gentlemen The Mayor of VVoodstock for the time being Master Alexander Johnson the Mayor of Banbury the Warden of Henley the Bailiffs of Burford and Chipping-Norton and the chief Magistrates to act in their several Corporations only For the Vniversity and City of Oxford the Vice-Chancellor and the two Proctors for the time being sir Thomas Cleyton Knight Warden of Merton Colledge Richard Bayley Doctor of Divinity President of St. Johns Colledge John Fell Doctor of Divinity Dean of Christ-Church John Meredith Doctor of Divinity Warden of All-Souls Colledge Thomas Barlow Doctor of Divinity Provost of Queens Colledge Thomas Yates Doctor of Divinity Principal of Brazen-Nose Colledge Walter Blandford Doctor of Divinity Warden of Wadham Colledge Luellin Jenkins Doctor of the Laws Principal of Jesus Colledge Joseph Crowther Doctor of Divinity Principal of Saint Mary Hall James Hyde Doctor of Physick Principal of Magdalen Hall Richard Lydal Doctor of Physick Thomas Elliot Doctor of Physick Henry Alworth Doctor of Laws Benjamin Cooper Master of Arts Richard Witt Batchelor of Law Nicholas Vilet Batchelor of Law Richard Holway Esquires Martin Lipyard John Cross VVilliam Flexney John Haslewood Joseph Goodwin William Day Richard Davis William Finch Matthew Leech The Mayor of the City for the time being sir Anthony Cope and sir Francis Wenman Baronets sir William Morton sir Sampson White Knights Broom Whorwood Sergeant Hollaway Charles Hollaway Richard Cooke Recorder George Low Esquires Francis Harris Leonard Bowman William Wright Roger Griffin and John White Aldermen John Harris William Bayley Francis Grenoway Francis Heyward John Townsend William Cornish Henry Mallory John Painton Town-clerk Robert Whorwood John Lamb Thomas Rowney Richard Prat and Edward Astin Gentlemen Rutland For the County of Rutland John Lord Roos Son and Heir apparent to John Earl of Rutland Bennet Lord Sherard of the Kingdom of Ireland Edward Noel Henry Noel Philip Sherard Esquires sir Thomas Mackworth Baronet sir Edward Heath Knight of the Bath sir Francis Mackworth sir Edward-Maria Wingfield sir Eusebius Pelsant Knights William Palmes Alexander Noell Christopher Browne Beaumont Bodenham Richard Halford Abel Barker Samuel Brown VVilliam Hyde Edward Faukner Robert Mackworth Esquires Charles Halford Ezekiel Johnson Gentlemen Salop. For the County of Salop VVilliam Pierripont
Thomas Nutt sir George Courthop sir Henry Peckham sir Henry Onslow and sir William Craven Knights George Parker George Nevil Thomas Sackvil Henry Goring Percy Goring VVilliam Garway Iohn May Herbert Morley John Eversfeild junior Nisel Rivers Anthony Shurley John dela Chambers Charles Bret John Peckham John Garway Samuel Gott Edward Polhill Roger Showswell Robert Anderson John Forrington Brewen Bichley Edward Morley Allen Carr Richard Bridges Peter Courthop Edward Keeling Henry Shelley Benjamin Culpeper Henry Bill VVilliam Spence Edward May Mr. Simon Smith Alexander Jermin of Luddington Robert Fowle Thomas Collings Walter Everden William Dyke Sackvil Graves Nicholas Gildridge Thomas Foster Henry Chown Edward Payne Henry Bish Edward Michelburn Philip Packer John Steward John Baker of Withiam William Gratwick Richard Shepherd Stephen French and Thomas Henshaw junior of Billingh●rst Esquires Richard May Abraham Chapman Thomas Palmer Richard Cooper Thomas Bebsworth Matthew Young Thomas Levit Richard Young Alderman John Luxford of Ocley Ambrose Trayton Henry Shelley William Lane William Vinal John Oliver Thomas Peckham John Fuller of VValdron Robert Pickering John Baker junior John Hay of Glindborn Roger Bish Robert Palmer Francis Gratwick William Palmer Richard Nash William Westbrook Christopher Coles John Munck Thomas Barnard Thomas Payne John Payne Arthur Lovet Thomas Bromfeild senior Richard Alchorn Thomas Bromfeild junior Bray Chown Anthony Eversfeild Edward Chowney John Gratwich of Eatons Joseph Newington John Dive William Hartridge Alexander Stapeley Robert Brooke senior Gentlemen The respective Mayors of Chichester Arundel Hasting Rye and Winchelsey for the time being The Bailiffs of Seaford and Davensey for the time being Thomas Middleton Gent. John King and Henry King Esquires Warwick For the County of Warwick Sir Francis Compton Knight Foulk Grevil Charles Leigh Esquires Sir Robert Holt Sir Richard Temple Sir Henry Puckering alias Newton Sir Edward Boughton Sir Roger Burgoyne Sir John Knightley Sir Clement Fisher Sir Herbert Price Sir Thomas Norton Baronets Sir William Bromley Sir Stephen Hales Knights of the Bath Sir George Devereux Sir Francis Willoughby Sir Charles Adderley Sir Charles Lee Sir William Palmer Sir Arthur Caley Sir VVilliam Underhil Sir Comb Wagstaffe Sir Richard Hopkins Sir Richard Bishop Sergeant at Arms Knights Amos Walrond Walter Chetwin senior VVilliam Booth of Witton John Bridgeman John Ferrers Richard Lucy Thomas Archer Clement Throckmorton VVilliam Somervile Francis Willoughby Seabright Rippington VVilliam Dilkes Havey Bagot George Fielding Richard Newdigate Serjeant at Law Thomas Flint Thomas Temple Thomas Boughton John Rous VVilliam Purifoy John Clopton Henry Ferrers Charles Newsham John Lisle of Moxal Richard Verney of Kingston Charles Bentley Giles Palmer Nicholas Overby Edward Underhill Thomas Marriot Humphrey Jennings Thomas Corbin John Fetherston George Sacheverel James Prescut Thomas Rawlins of Stratford Esquires The Mayor of Warwick for the time being The Mayor of Stratford for the time being The Bayliffs of Tamworth for the time being Coventry For the City and County of the City of Coventry The Mayor for the time being Sir Thomas Norton Baronet Sir Clement Fisher Sir Arthur Caley Sir Richard Hopkins Sir Charles Adderley Knights Thomas Flint Edmund Palmer Esquires Henry Smith Matthew Smith Julius Billers Aldermen Humphrey Burton Coroner Worcester For the County of Worcester Sir John Packington Sir William Russel Sir Henry Littleton Sir Edward Seabright Sir William Kyte Sir Thomas Rouse Baronets Sir Ralph Clare Knight of the Bath Sir Henry Herbert Sir Rowland Berkley Sir John Talbot Sir John Windford Knights Colonel Samuel Sandys Samuel Sandys junior William Sandys Sharington Talbot Tho. Savage Edward Pitts Francis Russel Francis Finck Edward Carey Joseph Welch VVilliam Wasborn Thomas Child Henry Townshend Thomas Wild John Nanfan Thomas Street Henry Parker Leonard Simpson Theophilus Andrews Richard Dowdeswel Henry Bromley of Upton William Mucklo Littleton Clent Edward Bushel Richard Vernon Charles Cornwallis Walter Savage Thomas Jolliffe Thomas Symmons Humphrey Littleton Thomas Foley Philip Parsons Anth. Crump William Baldwin Henry Evett William Hancock John Charlet Thomas Watson of Bengworth Henry Spiller VVilliam Ligon Henry Bromley of Holt Edward Dingly Henry Jefferies Broom Whorwood Philip Brace Francis Sheldon John Bearcroft Bridges Nanfan Esquires The Mayor of Evesham for the time being The Bailiffs of Droitwich for the time being The Bailiffs of Bewdly for the time being John Barnaby of Bockleton Esquire Worcester City For the City and County of the City of Worcester The Mayor Aldermen and Sheriff for the time being Sir John Packington Baronet sir Rowland Berkley Knight sir William Moreton Knight one of his Majesties Sergeants at Law Thomas Hall Thomas Street Thomas Wild Tho. Vernon Thomas Harris Esquires Humphrey Wildy Richard Beddoes Thomas Harrison Wintour Harris John Bearcroft Francis Hughes Humphry Tirer Gent. Wilts For the County of Wilts Henry Lord Herbert Son and Heir apparent to Edward Marquess of Worcester the Lord John Seymour VVilliam Lord Herbert of Cardiffe Son and Heir apparent to Philip Earl of Pembrooke and Mountgomery Henry Viscount Cornbury Son and Heir apparent to Edward Earl of Clarendon Lord Chancellor of England Sir Edward Nicholas Knight one of His Majesties most Honourable Privy Council Sir Robert Hyde Knight Chief Iustice of the Kings-Bench Edward Howard Philip Howard Esquires Sir Walter St. John Sir Seymour Pile Sir George Grubham-How Sir Walter Ernle Sir Giles Tooker Baronets Sir John Coventry Sir John Nicholas Sir Edward Hungerford Sir Edward Baynton Knights of the Bath Sir Wadham Windham Knight one of the Iustices of the Kings Bench Sir Iames Thynne Sir John Eveline Sir Iohn Talbot Sir Edward Pool Sir George Hungerford Sir John Weld Sir John Low Sir Tho. Escourt Sir Henry Coker Sir Tho. Ivy Sir William Cawley Sir Tho. Mompesson Sir John Ernle Sir VVilliam Eyre Knights Alexander Popham Edward Seymour Richard Gr●bham-How Robert Phillips Francis Wroughton John Pleyddal William Glanvile Henry Clarke William Jordan John Hall Esquires John Morton Baronet Richard Lewis George Ailiffe Edward Nicholas Edward Hungerford Edw. Hyde Ralph Freak Wil. Pawlet Wil. Ducket Tho. Mompesson William Broncker Walter Backland Henry Hungerford Henry Baynton Walter Long George Bond Gilbert Rawleigh Edmund Warneford Richard Harrison Richard Aldworth Alex. Thislethwart junior William York Stephen Fox Edward Goddard of Standen Thomas Bennet of Salthrop James Long Thomas Wancklin Jeoffrey Danyel John Collins John Kent Thomas Gore VVilliam Willoughby John Foyle John Norden Henry Long James Ash Edward Topp Thomas Hawles Joseph Stockman Giles Eyre Joseph Eyre Samuel Eyre Iohn Long Iohn Bowles Richard Bowles William Kent Edward Manning William Swanton Thomas Lambert Thomas Pile Robert Chaundler Thomas Hungerford VVilliam Bowles John Eyre Richard Southby Seymour Bowman Richard Escourt Rowland Plott Edward Goddard of Ogbourn John Danvers John Glanvile Henry Wallis Doctor Hierst John Escourt Benjamin Gifford Nevil Masculine Oliver Nicholas Edmund Webb Isaac Burgis Richard Long John Mompesson Henry Trenchard Symon Spatchurst Richard Davy George Ivy Samuel Ash John Davenant John Bennet Robert Challoner William Sadler Robert Hippesly Ephraim Westley
the Coals which shall be otherwise sold or exposed to sale by any Woodmonger or Retailer of Coals and the double value thereof to be recovered by any person or persons that will prosecute for the same in any Court of Record or by way of complaint made unto the Lord Mayor of London for the time being and Iustices of Peace within the City of London and Liberties thereof or to any two of them or to the Iustices of Peace of the several and respective Counties and Places where such Coals shall be exposed to sale or any of them who are hereby Impowred and Required to call the Parties before them and to hear and examine such Complaint upon Oath which by vertue of this Act is to be administred by them or any Two of them and upon due proof thereof made to their satisfaction to Convict the Offenders and to give Warrant under their Hands and Seals for levying the Forfeitures accordingly the one half thereof to be to and for the use of the person or persons so prosecuting or complaining and the other half to and for the use of the Poor or repairing of the High-wayes within the same Parish or any other adjoyning Parish or Parishes to be appointed and apportioned by the direction of the said Lord Mayor and Iustices by such their Warrant as aforesaid And the said Lord Mayor of London and the Court of Aldermen for the time being Who may set Rates upon Coals in London and the Iustices of Peace of the several Counties respectively or any thrée or more of them whereof one to be of the Quorum are hereby impowred to set the Rates and Prises of all such Coals as shall be sold by Retail as they from time to time shall judge reasonable allowing a competent profit to the said Retailer beyond the price paid by him to the Importer and the ordinary charges thereupon accruing And that if any Ingrosser or Retailer of such Coals shall refuse to sell as aforesaid Ingrossers or Retailers refusing to ●ell at the said Rates That then the said Lord Mayor and Aldermen and Iustices of Peace respectively are hereby authorised to appoint and impower such Officer or Officers or other persons as they shall think fit to enter into any Wharf or other place where such Coals are stored up And in case of refusal taking a Constable to force entrance and the said Coals to sell or cause to be sold at such Rates as the said Lord Mayor and Aldermen and Iustices respectively shall judge reasonable rendring to such Ingrosser or Retailer the money for which the said Coals shall be so sold necessary charges being deducted The continuance of this Act. Provided That this Act shall continue for thrée years next ensuing and thenceforth to the end of the next Session of Parliament and no longer Provided also That no person or persons that shall be sued by vertue of this Act for not observing thereof shall be sued upon any other Act or Law now in force for the same offence And if any Action shall be commenced against any Iustice of Peace Persons sued upon this Act may plead the general issue Constable or other Officer or Person for any thing done by colour of this Act the Defendant in every such Action may plead the general Issue and give the special matter in Evidence And if the Verdict be found for him or the Plaintiff become Non-suited shall recover and have his Damages and double Costs of suit for his unjust Vexation in that behalf Who may not act in setting Rates upon Coals Provided always That no Person having any Interest in any Wharf used for the receiving or uttering of Coals or that doth or shall Trade by himself or others in his own or any other name in the sale of any Coals or the Engrossing the same in order to sell the same and not for his own private use onely shall act or otherwise intermeddle in the setting the Price of Coals Any thing in this Act to the contrary in any wise notwithstanding CAP. III. For the Returning of able and sufficient Jurors FOr the returning of more able and sufficient Iurors for Trials hereafter to be had betwéen Party and Party and for reformation of abuses in Sheriffs and other Ministers who for reward do oftentimes spare the ablest and sufficientest and return the poorer and simpler Fréeholders less able to discern the Causes in question and to bear the charges of appearance and attendance thereon 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 Iurors for trials of issues shall have 20 l. per annum Freehold That all Iurors other then Strangers upon Tryals per medietatem linguae who are to be returned for the Tryals of Issues joyned in any of the Kings Majesties Courts of Kings Bench Common-Pleas or the Exchequer or before Iustices of Assize or Nisi Prius Oyer and Terminer Gaol-Delivery or General or Quarter-Sessions of the Peace from and after the twentieth day of April which shall be in the year of our Lord One thousand six hundred sixty five in any County of this Realm of England shall every of them then have in their own name or in trust for th●● within the same County twenty pounds by the year at least above reprises in their own or their wives right of Free-hold Lands or of ancient Demesne or of Rents in Fee Fee-tail or for life And that in every County within the Dominion of Wales every such Iuror shall then have within the same eight pounds by the year at the least above reprises in manner aforesaid All which Persons having such Estate as aforesaid are hereby enabled and made lyable to be returned and to serve as Iurors for the Tryal of Issues before the Iustices aforesaid Any Law or Statute to the contrary in any wise notwithstanding And if any of a lesser Estate and value shall be respectively returned upon any such Iury or Tales in default of such Iurors it shall be a good cause of Challenge and the Party returned shall be discharged upon the said Challenge or his own Allegation and Oath thereof And that no Iury-mans Issues making default shall be saved but by special Order of the Iudge or Iudges before whom the Issue is to be tryed Issues of Iurors upon default for some just and reasonable cause proved upon Oath before the same Iudge or Iudges And all such Issues shall be duly estreated and levied The Ven ' fac And that the Writ of Venire facias which from and after the aforesaid time shall be awarded and directed for the impannelling of Iuries in cases aforesaid within any County of England shall be in this form Rex c. Praecipimus c. quod venire fac coram c. duodecem liberos legales homines
made for the said Thomas L●vel repealed other then such as are herein after mentioned Enacted Ratified and confirmed shall be and are hereby repealed and made void to all intents and purposes whatsoever And inasmuch as the Right Honourable Thomas Earl of Berkshire and the Lady Elizabeth his Wife and Charles Lord Howard of Charlton commonly called the Lord Viscount Andover their Eldest son and heir apparent The Right Honourable Robert Lord Bruce Baron of Wharlton in the Kingdom of England and Earl of Elgin in the Kingdom of Scotland and the Lady Diana his wife The Right Honourable Anne Countess of Stamford and Thomas Lord Grey of Groby have formerly held and derived to themselves with remainders over to several other persons by several Conveyances from or under the Right Honourable William late Earl of Exeter and Elizabeth late Countess of Exeter or one of them several interests in the said third part of the said Lands allotted to the said Lovel his heirs and assigns and to other proportions by subsequent Decrées of Sewers and towards the Dreyning and maintaining thereof they the said Right Honourable William late Earl of Exeter and Elizabeth late Countess Dowager of Exeter under whom or one of whom they claim and Thomas late Earl of Exeter from whom the said William late Earl and Elizabeth late Countess Dowager of Exeter derived their title have expended several great sums of money but have not so fully effected the said works nor introduced those beneāts and advantages which were expected And for reason do alledg that the third part and subsequent allotments are not Recompence sufficient to answer the charge of a more perfect performance of the said work but offer to procéed and perfectly to effect the same if they may have a sufficient recompence and compensation for their Hazard Charge and Pains therein Be it Enacted by the Authority aforesaid Trustees and undertakers made for dreyning the said Fens That Edward Earl of Manchester Lord Chamberlain of his Majesties Houshold William Earl of Devonshire John Lord Berkley of Stratton Anchatil Grey Esquire Henry Grey Esquire and their Heirs and Assigns and the Survivor of them shall be and are hereby declared to be the Vndertakers for the Dreining of the said Fens and every of them in trust to and for such person and persons and to such intents and purposes as are herein after mentioned And that within the space of seven years next ensuing they their heirs and assigns shall and will at their proper costs and charges recover and make dry the said Fens and every of them and make the same firm and depasturable for Cattel at all times of the year except two or thrée hundred Acres or thereabouts in the said Fens called Deeping-Fen and Goggisland and forty Acres or thereabouts in the said Fens called Thursby-Fen and Bourn-South-Fen which are to be left for Lakes and Sykes for the receipt of Waters within the same And also except such Drains and Sewers as now be or hereafter shall be made within the said Fens or any of them for the Dreyning thereof and so much of the grounds adjoyning to the Rivers Dreyns and Sewers within the said Fens as lye or shall lye betwéen the said Rivers Dreyns or Sewers and the Banks made or to be made for kéeping the Waters lying in the said Rivers Dreyns or Sewers from overflowing the rest of the said Fens And also shall for ever hereafter at their own costs and charges not only repair exalt maintain and keep as néed shall require the Banks environing and encompassing the said Fens and every of them but also the Bank on the East-side of the River of Welland from a place in Crowland called Brother-house to Spalding high-bridg And also the Bank on the North-side of the River Glean from Gutheram Coat to a place called Dovehum in Pinchbeck and thereof and of all and every the said Banks above-named shall for ever hereafter exonerate acquit discharge and save harmless as well the Kings Majesty his Heirs and Successors as the Quéen Dowager her Tenants and under-Tenants and all other person and persons their Heirs and Assigns of and for their repairing and amending of their several parts and allotments of the same but also that they the said Trustées their Heirs and Assigns and the Survivor of them at their own proper Costs and Charges shall for ever maintain and kéep the Rivers of Glean and Welland with sufficient Dyking Roading Scowring and Banking viz. the River of Welland from the Outgang at the East end of East-Dieping leading into the said Fens Glean and Welland Rivers unto the Out-fall thereof into the Sea and to preserve and maintain the Navigation thereof without Imposition or paying any thing whatsoever for the same but with liberty to alter and divert the Course and Channel of the same into any other part or parts of the said Fens before it cometh to the said Corner of Dieping-Fen abutting upon Hawthorne-Bank from whence through the said Town of Spalding as it now passeth to the Sea it shall not be lawful to divert the Course thereof And with like liberty to divert the said River of Glean before it cometh to the place called Pinchbeck-Barrs or Dovehurne in Pinchbeck from which place called Dovehurne through the said Town and the Town of Surflet as it now passeth to the Sea it shall not be lawful to divert the same or prejudice the Navigation thereof And all manner of Dreins Sewers and Passages for Waters and other Water-works whatsoever which now are or hereafter shall be made within or without the said Fens for the draining of the said Fens or any of them which shall be necessary to be made or continued in order to the preserving the said Fens from Surrounder And thereof and of all and every the said Rivers to discharge exonerate acquit and save harmless as well the Kings and the said Quéens Majesties his Heirs and Successors their Tenants and Vnder-tenants as all other person and persons their Heirs and Assigns of and for the repairing and amending of their several parts and allotments in them and every of them Be it further Enacted by the Authority aforesaid That the said Trustées their Heirs and Assigns or the Survivor of them shall at their own proper Costs and Charges make Sufficient Gates and Bridges to be made set down and maintain such reasonable and convenient Bridges with Gates unto the same in wideness not excéeding twelve foot being well and sufficiently railed or walled against the sides as well over any Drain or Ditch now made or hereafter to be made whereby passage may be had into the Fens in such and so many fit and convenient places as shall be thought fit and ordered by any six Commissioners of Sewers for the said County of Lincoln in their publick and open Sessions and the same shall for ever kéep and maintain for convenient and ready passage with Carts and Carriages and all sorts of Cattel
adjudg necessary for the carrying on and effecting the said work and to limit and appoint such certain dayes and places for the respective payments thereof to their Treasurer or Treasurers for the time being as they the said Vndertakers their heirs executors administrators or assigns or any three or more of them under their hands and seals shall appoint so as every of the said Vndertakers who shall at any time or times hereafter assess rate tax and charge the said sums of money be really then owner of two hundred and fifty Acres of Land or more within the said Fen. How the ●●me may be levied And be it further Enacted upon default made by any person or persons so assessed rated taxed and charged as aforesaid in his or their respective payments to be limited and appointed as aforesaid by the space of three moneths after the time limited for payment thereof That it shall and may be lawful to and for any three or more of the said Adventurers their heirs executors administrators or assigns to bargain sell convey and assure all or so much of the said Defaulter or Defaulters Lands respectively within the said Fen for raising the sum or sums of money so assessed rated or charged as aforesaid to any other person or persons their heirs and assigns for such estate or estates as the said defaulter or defaulters had in him or them respectively at the time of the said default or defaults made as aforesaid as to them or any three or more of them the said Adventurers their heirs executors administrators or assigns shall seem meet subject nevertheless to the conditions and forfeitures in this Act contained and exprest And all and every Conveyance thereof is and shall be adjudged good and available in Law and equity against all and every such Defaulter and Defaulters respectively and against his or their respective heirs executors administrators and assigns so as the same be inrolled in the High Court of Chancery within six moneths after the making thereof How owners and commoners may improve and inclose their shares And be it further Enacted by the Authority aforesaid That it shall and may be lawful for any person or persons Bodies Politick or Corporate their heirs and successors Owner or Owners of the Soil of the said Fens or Wastes or who may or ought to have Common in any of the same to improve set out inclose divide and sever such quantity or quantities of the said Fens or Wastes other then such of the same as by the tenure of this Act are appointed or allotted to the said Vndertakers as aforesaid as shall be proportionable to his or their respective Interest or to his or their Lands and Tenements whereunto or in respect whereof the said Common or Waste may or ought to be had or enjoyed and such quantity or quantities to have and to hold in severalty by and according to such Tenures Estate Right Title and Interest as such person or persons have or shall have in such Manors Lands and Tenements subject nevertheless to all the Powers and Liberties given by this Act to the said Trustees their heirs and assigns and the survivor of them for Dreyning the said Fens as if the said Lands had remained common and uninclosed leaving and allowing convenient passages and ways in and to the said Vndertakers ground in the said Fen. Who may determine of boundaries improvements and inclosures And it is further Enacted That the Boundaries of the said Wastes so to be inclosed Approvements and Inclosures shall from time to time and at all times upon request of any person or persons concerned be determined and adjudged and finally ended by the persons hereafter named that is to say Thomas Lord Beaumont of Cole-Orton Sir George Villiers of Bruxby Baronet Sir VVilliam Hartopp of Rotherby Knight VVilliam Hartopp of Little-Dalby Esquire Sir Henry Hudson of Melton-Mowbray Baronet Sir Edward Smith of Edmundthorpe Knight Richard Lister of Thorpe Esquire John Hacket of Ketleby Esquire William Gilbert of Melton-Mowbray Esquire all of the County of Leicester Baptist Lord Viscount Campden Sir Edward Heath of Cottesmore Knight of the Bath William Palmes of Ashwel Esquire Abel Barker of Hambleton Esquire Samuel Browne of Stockins Esquire Robert Mackeworth of Empingham Esquire Philip Sherard Esquire Alexander Noel of Whitwel Esquire Christopher Browne of Towlthorpe Esquire Edward Falkener of Uppingham Esquire Sir Thomas Mackeworth of Normanton Baronet Henry Noel Esquire of Exton Andrew Noel Esquire of Whitwel Charles Halford Esquire of Weston Thomas Pilkington Esquire of Belton Beaumont Bodenham Esquire of Ryhall and Henry Mackeworth Esq of Normanton all of the County of Rutland Mildmay Earl of Westmerland Obrian Lord Cockaine William Stafford Esquire of Blatherwicke Lewis Palmer Esq of Corlton Edward Palmer Esq of Stoake Walter Kirkham of Finshead Esq Christ Thursby Esq Humphrey Orme Esq Sir Henry Yelverton Baronet Tho. Dove of Upton Esq VVilliam Mountague Esq Francis Quarles Esquire George Quarles junior of Ufford Esq Francis Kirkham Esq of Finshead John Lynn Esq of Southwick all of the County of Northampton Robert Lord Willoughby of Erisby eldest Son to Mountague Earl of Lindsey Lord Great Chamberlain of England Sir Thomas Meres Knight Sir John Newton Baronet Sir Anthony Irby Knight Peregrine Bartue Esq Anthony Thorold of Marston Esq William Blythe of Straston Esq Philip Dallow of Bitchfield Esq Thomas Harrington of Boothby Esq Charles Bawdes of Somerby Esq Sir Edward Barkham Baronet all of the County of Lincolne or by any seven or more of them Which said persons or any seven or more of them are hereby constituted and appointed Commissioners for that purpose upon their view or examination of witnesses upon Oath which Oath they are hereby authorised to administer or both or other good and sufficient proof by matter of Record Writings or Evidences and hearing the parties concerned if they be present and desire it which determination and Iudgment being certified in writing under the hands and seals of the said Iudicature or any seven or more of them into the Petty-bag there to be filed and kept on Record shall be final and conclusive unto all parties Provided always That in case any person or persons Bodies Politick or Corporate Appeals in cases of adjudication shall find him or themselves agrieved with such Iudgment and determination of the said Iudicature and shall thereof within six Moneths next after the same appeal to any thirtéen or more other persons of the said Iudicature Then such determination as the said thirtéen more shall make being certified by writing under the hands and seals of the said thirtéen or more into the Petty-bag aforesaid there to be filed and kept on Record as aforesaid shall be final and conclusive to all parties the said former Iudgment or Determination notwithstanding And the Inclosures and Proportions so adjudged or decréed as aforesaid to such person or persons Bodies Politick and Corporate shall be held by him or them and his
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
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
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
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 3● 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 ha●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 ●●e●r the penalty provided by 2 Jac. ● 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
any thing contrary to the purport true intent and meaning of this Law Then he or they shall for such offence forfeit the sum of Five hundred pounds of lawful Money of England unto any party grieved his Executors or Administrators who shall really prosecute for the same and first obtain Iudgment thereupon to be recovered in any Court of Record 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 prayed granted or allowed nor any more then one Imparlance And if any person against whom any such Iudgment or Recovery shall be had as aforesaid shall after such Iudgment or Recovery offend again in the same then he Second offence or they for such offence shall forfeit the sum of One thousand pounds of lawful money of England unto any party grieved his Executors or Administrators who shall really prosecute for the same and first obtain Iudgment thereupon to be recovered in any Court of Record at Westminster by Action of Debt Bill Plaint or Information in which no Essoin Protection Wager of Law Aid-Prayer Priviledg Iniunction or Order of Restraint shall be in any wise prayed granted or allowed nor any more then one Imparlance And if any person against whom any such second Iudgment or Recovery shall be had as aforesaid shall after such Iudgment Third offence or recovery offend again in the same kind and shall be thereof duly convicted by Indictment Information or any other lawful way or means that such person so convicted shall be from thenceforth disabled and become by vertue of this Act incapable Ipso facto to bear his and their said Office and Offices respectively and shall be likewise disabled to make any Gift Grant Conveyance or other disposition of any of his Lands Tenements Hereditaments Goods or Chattels or to take any benefit of any Gift Conveyance or Legacy to his own use And every person so offending shall likewise forfeit and lose unto the party grieved Treble damages to the party grieved by any thing done contrary to the true intent and meaning of this Law his treble damages which he shall sustain and be put unto by means or occasion of any such Act or thing done the same to be recovered in any of his Majesties Courts of Record 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 Prayed Granted or Allowed nor any more then one Imparlance Every person committed contrary to this Act shall have an Habea● Corpus And be it also provided and Enacted That if any person shall hereafter be committed restrained of his Liberty or suffer imprisonment by the Order or Decrée of any such Court of Star-Chamber or other Court aforesaid now or at any time hereafter having or pretending to have the same or like Iurisdiction power or authority to commit or imprison as aforesaid Or by the command or Warrant of the Kings Maiesty his Heirs or Successors in their own Person or by the command or Warrant of the Councel-board or of any of the Lords or others of his Majesties Privy Councel That in every such case every person so committed restrained of his liberty or suffering imprisonment upon demand or motion made by his Counsel or other imployed by him for that purpose unto the Iudges of the Court of Kings Bench or Common Pleas in open Court shall without delay upon any pretence whatsoever for the ordinary Fées usually paid for the same have forthwith granted unto him a Writ of Habeas Corpus to be directed generally unto all and every Sheriffs Gaoler Minister Officer or other person in whose custody the party committed or restrained shall be and the Sheriffs Gaoler Minister Officer or other person in whose custody the party so committed or restrained shall be shall at the return of the said Writ and according to the command thereof upon due and convenient notice thereof given unto him at the charge of the party who requireth or procureth such Writ and upon security by his own bond given to pay the charge of carrying back the prisoner if he shall be remanded by the Court to which he shall be brought as in like cases hath béen used such charges of bringing up and carrying back the prisoner to be alwayes ordered by the Court if any difference shall arise thereabout bring or cause to be brought the body of the said party so committed or restrained unto and before the Iudges or Iustices of the said Court from whence the same Writ shall issue in open Court and shall then likewise certify the true cause of such his detainer or imprisonment and thereupon the Court within thrée Court-dayes after such return made and delivered in open Court shall procéed to examine and determine whether the cause of such commitment appearing upon the said return be iust and legal or not and shall thereupon do what to Iustice shall appertain either by delivering bailing or remanding the prisoner And if any thing shall be otherwise wilfully done or omitted to be done by any Iudg Iustice Officer or other person aforementioned contrary to the direction and true meaning hereof That then such person so offending shall forfeit to the party grieved Treble damages in default his treble damages to be recovered by such means and in such manner as is formerly in this Act limited and appointed for the like penalty to be sued for and recovered To what Courts this Act shall extend Provided alwayes and be it Enacted That this Act and the several clauses therein contained shall be taken and expounded to extend only to the Court of Star-Chamber and to the said Courts holden before the President and Councel in the Marches of Wales and before the President and Councel in the Northern parts and also to the Court commonly called the Court of the Dutchy of Lancaster holden 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 And to all Courts of like Iurisdiction to be hereafter erected ordained constituted or appointed as aforesaid And to the Warrants and directions of the Councel-boards and to the commitments restraints and imprisonments of any person or persons made commanded or awarded by the Kings Majesty his Heirs or Successors in their own person or by the Lords and others of the Privy Councel and every one of them Offenders of this Act shall be impleaded within two years after any offence And lastly provided and be it Enacted That no person or persons shall be sued impleaded molested or troubled for any offence against this present Act unless the party supposed to have so offended shall be sued or impleaded for the same within two years at the most after such
raised levyed collected 12 Car. 2. c. 2. ● and paid unto Your Maiesty during Your Life for Beer Ale Sider and other Liquors herein after mentioned The several Rates Impositions Duties and Charges herein after expressed and in manner and form following That is to say Beer and Ale above 6 s. the barrel For every Barrel of Beer or Ale above six shillings the barrel brewed by the Common Brewer or any other Person or Persons who doth or shall sell or tap out beer or Ale publickly or privately to be paid by the common Brewer or by such other person or persons respectively and so proportionably for a greater or lesser quantity One shilling three pence XV. d. Beer and Ale of ● s. the barrel For every barrel of Six shillings Beer or Ale or under brewed by the common Brewer or any other person or persons who doth or shall sell or tap out such Beer or Ale publickly or privately to be paid by the said common Brewer or by such other person or persons respectively as aforesaid and so proportionably for a greater or lesser quantity three pence iij. d. Sider Perry For all Syder and Perry made and sold by retail upon every Hogshead to be paid by the Retayler thereof and so proportionably for a greater or lesser measure One shilling three pence XV. d. Metheglin Mead. For all Metheglin or Mead sold whether by Retail or otherwise to be paid by the maker thereof upon every Gallon One half-penny Ob. Vinegar-beer For every Barrel of Beer commonly called Vinegar-Beer brewed by any common Brewer in any common Brew-house six pence Vi. d. Strong water For every Gallon of Strong-water or Aquavitae made and sold to be paid by the maker thereof One penny i. d. Beer and Ale Imported For every barrel of Beer or Ale Imported from beyond the Seas Three Shillings iij. s. Syder Perry Imporced For every Tun of Syder or Perry Imported from beyond the Seas and so proportionably for a greater or lesser quantity Five shillings V. s. Spirits Imported For every gallon of Spirits made of any kind of Wine or Syder Imported Two pence ij d. Strong-water Imported For every gallon of Strong-water perfectly made Imported from beyond the Seas Four pence iiij d. Coffee For every Gallon of Coffee made and sold to be paid by the maker Four pence iiij d. Chocolatte For every gallon of Chocolatte Sherbet and Tea made and sold to be paid by the maker thereof ●ight pence Viij d. The Excise upon forreign liquors imported to be paid by the importers in money upon entries made before landing Common brewers to accompt weekly and other retailers of beer ale c. monthly And be it further Enacted and Ordained by the Authority aforesaid That the several Rates Duties and Charges of Excise or New Impost above mentioned hereby set or imposed upon all and every the said Forreign Liquors which shall be Imported or brought into all or any the Ports of this Kingdom and Dominions thereof aforesaid from and after the five and twentieth day of December next shall be from time to time satisfied and paid by the Merchant or Merchants Importer or Importers of the same in ready money upon his or their Entry or Entries made and before the landing thereof The penalty for not accounting as aforesaid And be it further Enacted by the Authority aforesaid That all common Brewers of Béer and Ale shall once in every Wéek And all Inn-kéepers Victuallers and other Retaylers of Béer Ale Syder Perry Metheglin or Strong-water Brewing Making or Retailing the same shall once in every moneth make true and particular Entries at the Office of Excise within the limits of which the said Commodities and Manufactures are made of all Béer Ale Perry Syder Metheglin Strong-Water or other the Liquors aforesaid which they or any of them shall Brew make or Retail in that Wéek and Moneth respectively as aforesaid The penalty for not accounting as aforesaid And be it further Enacted by the Authority aforesaid That all such common Brewers who do not once a Wéek make due and particular Entries shall forfeit five pounds And that every such Inn-kéeper who doth not make true and particular Entries once a Moneth shall forfeit five pounds And that every Alehouse-kéeper Victualler or other Retailer who doth not once a moneth make due and particular Entries shall forfeit twenty shillings And be it further Enacted by the Authority aforesaid That every Common Brewer who shall not pay and clear off 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 No person to be compelled by the Commissioners of Excise to go further for making their entries then the next market-Town The Commissioners for execution of this act impowred to appoint gagers The power of the gagers 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 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 Syder 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
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