Coronor Steward or Bailiff of any Franchise or Liberty or by any other Officer Minister Vnder-bailiff or other person or persons whatsoever within this Realm having or pretending to have Authority or Warrant in that behalf by force or colour of any Writ Bill or Process issuing or to be issuing out of His Majesties said Courts of Kings Bench and Common Pleas or either of them in which said Writ Bill or Process the certainty and true cause of Action is not expressed particularly and for which the Defendant or Defendants in such Writ Bill or Process named is and are bailable by the Statute in that behalf made in the thrée and twentieth year of the Reign of the late King Henry the sixth shall be forced or compelled to give security or to enter into Bond with Sureties 23 H. 6. ca. 10. for the Appearances of such person or persons so arrested at the day and place in the said Writ Bill or Process specified or contained in any penalty or sum of money excéeding the sum of Forty pounds of lawful money of England to be conditioned for such Appearances and that all Sheriffs and other Officers and Ministers aforesaid shall let to bail and deliver out of Prison and from their and every of their Custodies respectively all and every person and persons whatsoever by them or any of them arrested upon any such Writ Bill or Process wherein the certainty and true cause of Action is not particularly expressed upon Security in the sum of Forty pounds and no more given for Appearance of such person or persons so arrested unto the said Sheriff or Officer aforesaid according to the said Statute in the said thrée and twentieth year of the Reign of the said late King Henry the sixth in that behalf made and provided And be it further Enacted by the Authority aforesaid That upon Appearance to be Entred in the Term wherein such Writ Bill or Process is retornable with the respective Officer in that behalf for the said person or persons by Attorney or Attorneys in the said respective Courts from whence the said Writ Bill or Process issued unto such Writ Bill or Process the Bond or Bonds so given for Appearance thereunto Bonds given for discharged upon appearance Nonsuit for want of a Declaration before the end of the next term after appearance and judgment and costs against the Plaintiff be and are hereby satisfied and dischargeed And that after such Appearance so entred no Amerciaments be set or Estreted upon or against any Sheriff or other Officer aforesaid or any other person whatsoever concerning the want of such Appearance and unless the Plaintiff or Plaintiffs in any such Writ Bill or Process named shall put into the Court from whence such Writ Bill or Process did issue his or their Bill or Declaration against the person or persons so Arrested in some personal Action or Ejectione firmae of Lands or Tenements before the end of the Term next following after Appearance That then a Non-suit for want of a Declaration may be Entred against the said Plaintiff or Plaintiffs in the said Courts respectively And that every Defendant in every such Writ Bill or Process named shall or may have Iudgment to recover Costs against every such Plaintiff or Plaintiffs to be Assessed Taxed and Levied in such manner and according as it is provided by the Statute for Costs made in the thrée and twentieth year of the Reign of the late King Henry the Eighth 23 H. 8. ca. 15. any former or other Act Statute Ordinance Law Custome Order Course or Vsage of either of the said Courts to the contrary thereof heretofore had made admitted or used in any wise notwithstanding Provided alwayes that this Act nor any Clause or thing herein before specified or contained shall not extend Arrests upon Capias utlagatum Attachments upon Rescous Contempts and of Priviledg excepted nor be construed or taken to extend unto any Arrests hereafter to be made upon or by Vertue of any Writ of Capias utlagatum Attachment upon Rescous or Attachment upon any Contempt or of any Attachment of Priviledge at the Suit of any priviledged person or of any other Attachment for Contempt whatsoever issuing or to be issing out of either of the said Courts although there be no particular certainty of the cause of Action expressed or contained in the said Writs But that nevertheless no Sheriff nor Vnder-sheriff nor any of the Officers or Ministers aforesaid shall discharge any person or persons taken upon any Writ of Capias utlagatum out of Custody without a lawful Supersedeas first had and received for the same and that upon the said Writs of Attachment such lawful course be taken for Security for Appearance therein as hath béen heretofore used any thing herein before expressed to the contrary thereof in any wise notwithstanding And whereas many persons out of ill intent to delay their Creditors from recovering their Iust Debts continue Prisoners in the Fléet who cannot be procéeded against in such manner as they might be if they were at Large Now for the better enabling all persons to recover their just Debts and Demands against such Prisoners How Persons having cause of action may proceed against Prisoners in the Fleet. Be it further Enacted by the Authority aforesaid That every person or persons whatsoever who now hath or have or which at any time hereafter shall have cause of any personal Action against any person being a Prisoner in the prison of the Fléet may Sue forth an Original Writ upon his or their cause of Action And that a Writ of Habeas Corpus be granted to every such person or persons being Plaintiff or Plaintiffs desiring the same to be directed to the Warden of the same Prison to have the Body of such prisoner before the Iustices of the Common Pleas at some certain day in any Term to answer the said Plaintiff or Plaintiffs upon his or their said Cause of Action And that if the said Plaintiff or Plaintiffs at the said day put into the said Court his or their Declaration according to the said Original Writ against the said prisoner being present at the Barr the said prisoner shall be bound to appear in person or to put in an Attorney to appear for him in the said Action And unless the said Defendant plead upon a Rule given to be out at eight daies at the least after such Appearance Iudgment by Nihil dicit may be entred against such Defendant as appearing in person which shall be good and effectual in Law And such charge in Court by Declarations signified by Rule unto the said Warden shall be a good cause of detention of such prisoner in his Custody from which he shall not be discharged without a lawful Supersedeas or Rule of Court And if the said Warden shall do otherwise he shall be Responsible to the Court and to the party grieved for Damages by Action upon the case to be brought
against him for discharging such prisoner Delayes in Suites by reason of 15 dayes between the Teste and Retorn of writs remedyed in actions personall And whereas very many Suits Commenced by Original Writs have béen protracted and long delayed from Iudgment and Execution by reason of the necessity of having fiftéen dayes at the least betwéen the dayes of the Teste and the dayes of Return of Writs now used in personal Actions and also in Actions of Ejectione Firmae for Lands and Tenements For remedy thereof and for the more easie expediting Trials and the better and more spéedy executing of Iudgments for the time to come Be it further Enacted by the Authority aforesaid That in all Actions of Debt and all other personal Actions whatsoever and also in all Actions of Ejectione firmae Ejectione firmae for Lands or Tenements now depending or which at any time hereafter shall be depending by Original Writ in either of His Majesties Courts aforesaid after any issue therein ioyned to be tried by a Iury and also after any Iudgment had or obtained or to be had or obtained in either of the Courts aforesaid Venire facias Habeas Corpora Jurator Distringas Jurator Fieri fac Capias ad satisfaciendum Capias ad satisfaciendum where Exigent lyeth after Iudgment or to make the Bail appear excepted 3. Jac. cap. 8. Touching staying executions by Supersedeas or Writs of Errour and what actions it may be stayd There shall not néed to be fiftéen dayes betwéen the Teste day and the day of Retorn of any Writ or Writs of Venire facias Habeas Corpora Juratorum or Distringas Juratores Writs of Fieri facias or Writs of Capias ad satisfaciendum and that the want of Fiftéen dayes between the Teste day and the day of Retorn of any such Writ shall not be nor shall be assigned taken or adjudged to be any matter or Cause of Errour any Law Custome Statute Course or Vsage to the contrary thereof in any wise notwithstanding Provided nevertheless that this Act nor any thing therein contained shall not Extend or be construed to Extend to any Writ of Capias ad Satisfaciendum whereon a Writ of Exigent after Iudgment is to be awarded nor to Capias ad Satisfaciendum against the Defendant in Order to make any Bail liable but that the same continue and be as if this Act had never béen made And whereas by an Act of Parliament made in the third year of the Reign of our late Soveraign Lord King James of Blessed Memory a very good Law was made for avoiding unnecessary delayes of Execution Whereby it is Enacted That no Execution shall be stayed or delayed upon or by any Writ of Errour or Supersedeas thereupon to be sued for the reversing of any Iudgment to be given in any Action or Bill of Debt upon any single Bond for Debt or upon any Obligation with Condition for payment of money onely or upon Action or Bill of Debt for Rent or upon any Contract sued in any of His Highness Courts of Record at Westminster or in the Counties Palatine of Chester Lancaster or Durham or in His Highness Courts of Great Sessions in any of the Twelve Shires of Wales unless such person or persons in whose name or names such Writ of Error shall be brought with two sufficient Sureties such as the Court wherein such Iudgment is or shall be given shall allow of shall first before such stay made or Supersedeas to be awarded be bound to the party for whom any such Iudgment was or should be given by Recognizance to be acknowledged in the same Court in double the sum adiudged to be recovered by the said former Iudgment to prosecute the said Writ of Error with effect and also to satisfie and pay if the said Iudgment shall be affirmed all and singular the Debts Damages and Costs adjudged or to be adjudged upon the former Iudgment And all Costs and Damages to be also awarded for the same delaying of Execution which Law hath béen found by experience to be very good and beneficial to the Common-Wealth And forasmuch as divers other Cases within the same mischief by delayes and staying of Execution by Writs of Error and Supersedeas thereupon are not provided for by the said Statute For further remedy against delayes and staying of Executions in the several Actions hereafter specified Be it further Enacted and Ordained by the Authority aforesaid In what Actions execution may be stayed by writ of Error by this Statute That from and after the twentieth day of January in the year of our Lord One thousand six hundred sixty and one no Execution shall be stayed in any of the Courts aforesaid by any Writ or Writs of Error or Supersedeas thereupon after any Verdict and Iudgment thereupon obtained in any Action of Debt grounded upon the Statute made in the second year of the Reign of the late King Edward the sixth for not setting forth of Tythes nor in any Action upon the Case upon any promise for payment of money Actions sur Trover Action of Covenant Detinue and Trespass unless such Recognizance and in such manner as by the said recited former Act is directed shall be first acknowledged in the said Court where such Iudgment is given And be it also Enacted by the Authority aforesaid The Defendant to have double Costs for delays of his Execution by writ of Error That if any person or persons after the said day shall Sue or Prosecute any Writ or Writs of Error for Reversal of any Iudgment whatsoever given after any Verdict in any of the Courts aforesaid and the said Iudgment shall afterwards be affirmed then every such person or persons shall pay unto the Defendant or Defendants in the said Writ or Writs of Error his or their double Costs to be assessed by the Court where such Writ of Error shall be depending for the delaying of Execution Provided nevertheless that this Act nor any thing therein contained Popular actions or upon a penal Law Indictments c. not within this Statute shall not extend to any Action Popular nor unto any other Action which is or hereafter shall be brought upon any penal Law or Statute except Debt for not setting out Tythes as aforesaid nor to any Indictment Presentment Inquisition Information or Appeal any thing herein before expressed to the contrary thereof notwithstanding CAP. III. An Act for Granting unto the Kings Majesty Twelve hundred and threescore thousand pounds to be Assessed and Levied by an Assessment of Threescore and ten thousand pounds by the Moneth for Eighteen Moneths EXP. CAP. IV. For enabling the Kings Majesty to make Leases Grants and Copies of Offices Lands Tenements and Hereditaments parcel of his Highness Dutchy of Cornwall or annexed to the same and for Confirmation of Leases and Grants already made WHereas a great part of the Lands part of and annexed to the Dutchy of Cornwall Stat. 22 Jac.
In what cases Gravel Stones c. may be digged in mens several grounds That where there is not sufficient Gravel Chalk Stones Cinders and Sand or other Materials for to repair the High-ways within the Common or Waste grounds of any Parish Township or Hamlet for to amend and repair the High-ways therein it shall and may be lawful for the said Surveyor or Surveyors or such as they shall appoint to enter into the several ground not being an House Orchard Garden Court-yard Park with Déer in it or Meadow of any person or persons within the said Parish Township or Hamlet near adjoyning to the High-ways to be repaired where any such Materials are or may be found and to dig take and carry away from time to time such quantities thereof as the said Surveyor or Surveyors shall judge necessary for the said reparations without paying any thing for the said Materials except only where they have formerly béen paid for by Custom or Composition and at such rates as heretofore were paid for the same rendring only such damages to the Occupier or Owner thereof as he shall sustain by the digging and carriage thereof to be assessed by two Iustices of Peace near the said Parish in cases of difference about the same Provided That the pits and holes so digged be filled up in such manner and under such penalties as are prescribed in the Statute made in the Fifth year of Quéen Elizabeth concerning the amending of High-ways And be it further Enacted by the Authority aforesaid What number of Horses or Oxen may be used in Carts and Carriages upon the High-ways That from and after the Nine and twentieth day of September which shall be in the year of our Lord One thousand six hundred sixty and two no travelling Waggon Wain Cart or Carriage wherein any Burthens Goods or Wares are or shall be carried or drawn for hire other then such Carts and Carriages as are imployed in and about husbandry and manuring of Lands and in the carrying of Hay Straw Corn unthreshed Coal Chalk Timber for Shipping Materials for Building Stones of all sorts or such Ammunition or Artillery as shall be for His Majesties Service shall at any one time travel be drawn or go in any Common or Publick High-way or Road with above seven Horse-beasts whereof six shall draw in pairs and not with above eight Oxen And what Weight or six Oxen and two Horse-beasts nor shall at any time carry above Twenty hundred weight betwéen the first day of October and the first of May nor above Thirty hundred weight betwéen the first of May and the first of October except such particulars as aforesaid nor above five Quarters of Wheat Meal Messine Rye Pease Beans and Tares nor above eight Quarters of Barley Malt or Oats and after that proportion nor shall any Waggon Wayn No Wheels to be under 4. inches breadth in the Tyre Cart or Carriage for the uses aforesaid be imployed the Whéels whereof are less in breadth then four Inches in the Tyre upon pain that every Owner of such Waggon Wayn Cart Carriage Horse-beasts or Oxen shall forfeit for every of the said offences the sum of Forty shillings The Penalty and how to be disposed to be divided into thrée equal parts One part thereof to the Surveyors of the High-ways of the Town Village or Hamlet where any of the said Offences shall be committed to be imployed in the Repairs of the said High-ways One other part to the Overséers of the poor of the Parish where any of the said Offences shall be committed for the relief of the poor of the said Parish and the other part thereof to him that shall discover and prosecute for any of the said offences the said penalty to be levied by distress of all or any of the said Horse-beasts or Oxen and to be distributed as aforesaid by the Constable Surveyor or Surveyors of the said High-ways Overséer or Overséers of the poor or any of them And in case the said penalties shall not be paid within thrée days after such distress that then it shall be lawful to and for the said persons so distraining as aforesaid to sell the same and to restore the overplus to the Owner the charges of kéeping selling first deducted And be it further Enacted That all and every the said offences shall be The offences declared common Nusances All Suits upon this Act shall be laid in their proper County and the Defendant may plead the general Issue and are hereby declared and adjudged to be common Nusances And be it further Enacted That if any Suit shall be commenced against any person for any thing done in pursuance of this Act that in every such case the Action shall be laid in the proper County where the fact was done and not elsewhere and the Defendant may plead the general Issue and give this Act and the special matter in evidence at the Tryal and if it shall so appear to be done or that it was not done in the County where the said Suit is commenced that then the Iury shall find for the Defendant and in such case as also if the Plaintiff shall be non-suit or discontinue his Action after the Defendant hath appeared or if upon Demurrer Iudgment be given against the Plaintiff or if upon Tryal a Verdict pass for the Defendant the Defendant shall have his double Costs and the like remedy for the same as any Defendant hath in any other case by Law And be it further Enacted by the Authority aforesaid All Moneys raised by Assessment Issues forfeited c. shall be levied and imployed for mending the High-ways That all sums of money so rated and assessed as aforesaid and all charitable Gifts formerly given or to be given for the making amending and kéeping in repair of any common and publick High-ways Pavements and Cawseys except as hereafter is excepted and all Fines Penalties Forfeitures and other sums of money arising by Assessment or otherwise by this Act not otherwise by this Act disposed of and all Issues to be forfeited for not appearing to any Information or Indictment for not repairing any High-ways or removing Nusances out of the same and all Fines and Amerciaments to be imposed upon any Parish Town Village or Hamlet or upon any private person for not repairing of common and publick High-ways which are not otherwise disposed by this Act shall be employed and bestowed by the said Surveyors within the respective Parishes Towns Villages and Hamlets to which such charitable Gifts are given and bestowed and within which such Assessment Fines Penalties Forfeitures Issues and Amerciaments are imposed happened or made in paying for Materials Workmens wages and for such other employments as are hereby appointed to be done and performed and be levied collected and gathered by the said Surveyors or any of them by Warrant under the Hands and Seals of any two Iustices of Peace within the County City Riding Town Corporate
Merchant and of the Staple VVHereas the Security by Statute-Merchant and of the Staple is now become of little use and benefit by the fraud of the Conusors thereof in sundry Cases who to prevent the payment of their Debts secretly assign small parts of their Lands to several and unknown persons And it having been used that if the Creditor take Execution on such Statute yet if the Lands of any one or more person or persons to whom such alienation was made and liable to such Execution be omitted out of such extent The same execution hath been avoided by Audita Quaerela Executions avoided by Audita Quaerela and the party extending lost his Costs and was delayed of his iust Debt and so again upon any new extent toties quoties And if any one Acre or Parcel of Land happened to descend to an Infant the whole execution was deferred till full age of such Infant And if afterwards other part of the Lands or Tenements liable to such Debt descended to another Infant then also a farther delay happened during that Infancy also 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 For what causes extents upon Iudgments or Statutes shall not be avoided or delayd and by the Authority of the same That when any Iudgment Statute or Recognizance shall be extended the same shall not be avoided or delayed by occasion that any part of the Lands or Tenements extendible are or shall be omitted out of such extent saving alwayes to the Party and Parties whose Lands shall be extended his and their Heirs Executors and Assigns his and their remedy for contribution against such person and persons whose Lands are or shall be omitted out of such extent from time to time Proviso for Heirs within age Provided always that this Act or any thing therein contained shall not be construed to give any Extent or Contribution against any Heir within the age of one and twenty years during such Minority of such Heir for or in respect of any Lands to such Heir descended farther or otherwise then might have béen before the making of this Act. To what statutes and extents only this Act shall extend The continuance of this Act. Provided that this Act extend only to such Statutes as are or shall be for payment of Moneys And to such extent as shall be within twenty years after the Statute Recognizance or Iudgment had and obtained Provided that this Act shall continue for the space of thrée years and from thence to the end of the next Session of Parliament and no longer CAP. VI. Part of an Act of Parliament Entituled An Act directing the prosecution of such as are accomptable for Prize-goods repealed 14 Car. 2. cap. 14. Directions for recovery of Prize-goods not accompted â—or WHereas by an Act made in this present Parliament entituled An Act directing the prosecution of such as are accomptable for Prize-goods It is amongst other things Enacted That all and every Admirals Vice-Admirals Captains of Ships Officers and Mariners that did surprise or receive to or for the publique use or by pretence thereof any Ships Plate Iewels Bullion Money Silver Gold Arms Ammunition Waxes Merchandizes or any manner of Goods whatsoever seized or taken for Prize betwixt the thirtieth of January One thousand six hundred fourty two and the nine and twentieth day of May One thousand six hundred sixty And that had not at the making of the said Act truly Accompted for and paid in the same or the just Provenues thereof should be chargeable to His Majesty for the said premisses and convened and sued for in His Majesties Court of Admiralty and called to accompt or otherwise by such Suit and in such manner as should be most available to His Majesty And in case of defect of Iurisdiction in the said Court of Admiralty then upon Certificate thereof from the said Court of Admiralty made into His Majesties Court of Exchequer spéedy procéedings were to be had in the said Court of Exchequer for the recovering and levying of the Prizes Goods matters and things as by the said Act relation being thereunto had more plainly fully and at large appears Whereupon divers Captains and Officers of His Majesties Fleets and several others the Commanders Officers and Mariners imployed in the Sea-service have been sued or may possibly be sued concerning the several Prizes and Prize-goods by them heretofore seized and taken at Sea or in Ports since the Moneth of January One thousand six hundred forty two and before the twenty ninth of May One thousand six hundred sixty contrary to the grace and favour extended towards them not onely in and by His Majesties most gracious Act of Frée and general Pardon Indempnity and Oblivion but also by a Proclamation since made by His Majesty bearing Date the Fourteenth day of July One thousand six hundred sixty two in the Fourteenth year of His Majesties Reign Declaring His Majesties grace and favour towards all Commanders and Seamen in relation to Prizes and Prize-goods seised and taken since the moneth of January One thousand six hundred forty two untill the nine and twentieth of May One thousand six hundred sixty His Majesty thereupon willing that His Grace and Favour towards all Admirals Vice-Admirals Commanders Sea-men and Mariners should take its full effect And being fully satisfied of their dutiful affections unto His Majesties Royal Person and Government and for their future incouragement to persevere loyally in His Majesties Service is most graciously pleased 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 14 Car. 2. cap. 4. Repealed as to all Admirals Officers Mariners and Souldiers at Sea and by the Authority of the same That the said Act entituled An Act for directing the prosecution of such as are accomptable for Prize-Goods and all and every Branches Clauses Powers and Articles and every matter and thing therein contained for so much onely and as for and concerning all and every Admirals Vice-Admirals Captains of Ships Officers of Ships or Vessels Seamen and Mariners and every of them shall be and is hereby from henceforth repealed annulled and made void and of no effect to all intents and purposes whatsoever And that all and singular Process and proceedings whatsoever which before this time have been now are or may be at any time hereafter had sued forth and prosecuted in any of His Majesties Courts at Westminster or in the High Court of Admiralty of England or elsewhere within any His Majesties Dominions against any Admirals Vice-Admirals Captains of Ships Officers of Ships or Vessels Seamen and Mariners or any of them by force and vertue of the said Act or any Article or Clause therein contained be forthwith
and for ever hereafter superseded surceased stayed and discharged And that none of the said Admirals Vice-Admirals Captains or Officers of Ships or Vessels Seamen or Mariners shall from henceforth by vertue force or colour of any Process or procéedings whatsoever in any of His Majesties said Courts or elsewhere be in any wise Arrested disquieted questioned or troubled either in their Persons Lands or Goods for or by reason of the said Act or any thing therein contained But that all and every the said Admirals Vice-Admirals Captains and Officers of Ships or Vessels and all Seamen and Mariners and every of them shall by vertue of this Act stand and be for ever discharged and acquitted in all Courts and Places and of and from all Suits and Proceedings whatsoever sued or begun or to be sued or begun against them or any of them for any manner of Prizes Ships or Goods whatsoever by them or any of them seised surprized or any ways taken betwixt the said thirtieth of January One thousand six hundred forty two and the nine and twentieth of May One thousand six hundred sixty and of and from all Accompts Troubles Articles and Suits whatsoever concerning the same And that this Act shall be taken and expounded in the most large and beneficial manner for the said Admiralls Vice-Admirals Commanders Captains and Officers of Ships and Vessels and Seamen and Mariners and every of them and for their best advantage for the final free and absolute acquitting and discharging of them and every of them of and from all the said Prizes and every part thereof and all Ships and Vessels and Goods whatsoever or of what nature or kind soever by them or any of them seized surprised or in any sort taken betwixt the said thirtieth of January One thousand six hundred forty two and the said nine and twentieth of May One thousand six hundred sixty Provided always And be it Enacted That this Act or any thing therein contained The said Act not repealed as to any Collectors Treasurers c. of such Prize-goods shall not extend or be construed to extend to discharge any other persons whatsoever but onely the said Admirals Vice-Admirals Commanders Captains of Ships and Officers of Ships or Vessels and Seamen and Mariners but 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 Casheers Deputies Officers and Receivers other then such person or persons who are discharged by the Act of Frée and General-Pardon Indempnity and Oblivion that have not yet truly accompted or paid in the Provenues of the Prizes or Moneys arising thereout seized or taken betwixt the said thirtieth of January One thousand six hundred forty two and the said nine and twentieth of May One thousand six hundred sixty and all and every other person and persons by whom or to whom or to or for whose use any Prizes or Prize-Ships Plate Iewels Arms Ammunition Wares Merchandizes or any manner of Goods whatsoever seized or taken for Prize betwixt the said thirtieth of January One thousand six hundred forty two and the said nine and twentieth of May One thousand six hundred sixty were disposed or sold or to whose hands they came and who had and enjoyed the same or any part thereof and are still behind and have not paid in the moneys contracted for and arising or due upon such Sales or Dispositions or any of them and all securities by them and every of them given for or touching the premisses 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 or Exchequer and shall be procéeded upon in the said Court of Admiralty or Exchequer in Your Majesties Name and to and for Your Majesties use according to the said Act directing the prosecution of such as are accomptable for Prize-Goods and as fully and entirely as if this Act had never béen Any thing in this present Act notwithstanding CAP. VII A former Act for Regulating Printing continued BE it Enacted by the Kings most Excellent Majesty by and with the Consent of the Lords Spiritual and Temporal and Commons in this present Parliament assembled That an Act made in the fourteenth year of the Reign of Our Soveraign Lord the King that now is Entituled An Act for preventing abuses in Printing Seditious Treasonable and unlicensed Books and Pamphlets and Regulating of Printing and Printing-Presses shall be continued and remain in force untill the end of the next Session of Parliament continued 17 Car. 2. cap. 4. CAP. VIII Arrests of Judgment and superseding Executions prevented WHereas great delay trouble and vexation hath béen and still is occasioned to the people of this Realm as well by arresting and reversing of Iudgments as by staying Executions by Writs of Error and Supersedeas For remedy thereof Be it Enacted by the Kings most Excellent Majesty by and with the Advice and Consent of the Lords Spiritual and Temporal and Commons in this present Parliament assembled and by the Authority of the same That if any Verdict of Twelve men shall be given in any Action In what court and cases Iudgment after verdict shall not be stayed for default of form in pleading Suit Bill or Demand to be commenced from and after the Five and twentieth day of March which shall be in the year of our Lord One thousand six hundred sixty and five in any of His Majesties Courts of Record at Westminster or in the Courts of Record in the Counties-Palatine of Chester Lancaster or Durham or in His Majesties Courts of the Great Sessions in any of the twelve Shires of Wales Iudgement thereupon shall not be stayed or reversed for default in form or lack of form or by reason that there are not Pledges or but one Pledge to prosecute returned upon the Original Writ or because the Name of the Sheriff is not returned upon such Original Writ or for default of entring Pledges upon any Bill or Declaration or for default of alledging the bringing into Court of any Bond Bill Indenture or other Déed whatsoever mentioned in the Declaration or other Pleading or for default of Allegation of the bringing into Court of Letters Testamentary or Letters of Administration or by reason of the omission of Vi armis or Contra pacem or for or by reason of the mistaking of the Christian Name or Sirname of the Plaintiff or Defendant Demandant or Tenant sum or sums of Money Day Moneth or Year by the Clerk in any Bill Declaration or Pleading where the right Name Sirname Sum Day Moneth or Year in any Writ Plaint Roll or Record preceding or in the same Roll or Record where the Mistake is committed is or are once truly and rightly alledged whereunto the Plaintiff might have demurred and shewn the same for Cause nor for want of the Averment of Hoc
paratus est verificare or Hoc paratus est verificare per Recordum or for not alledging Prout patet per Recordum or for that there is no right Venue so as the Cause were tried by a Iury of the proper County or Place where the Action is laid Nor any Iudgment after Verdict Confession by Cognovit Actionem or Relicta verificatione shall be reversed for want of Misericordia or Capiatur or by reason that a Capiatur is entred for a Misericordia or a Misericordia is entred where a Capiatur ought to have been entred Nor for that Ideo concessum est per Curiam is entred for Ideo consideratum est per Curiam nor for that the Increase of Costs after a Verdict in an Action or upon a Nonsuit in Replevin are not entred to be at the request of the party for whom the Iudgement is given nor by reason that the Costs in any Iudgment whatsoever are not entred to be by consent of the Palintiff but that all such Omissions Variances Defects and all other matters of like nature not being against the right of the matter of the suit nor whereby the Issue or Trial are altered shall be amended by the Iustices or other Iudges of the Courts where such Iudgements are or shall be given or whereunto the Record is or shall be removed by Writ of Error Proviso for Appeals Indictments Actions upon penal Laws other then for Customs and Subsidies Provided alwayes and be it further Enacted by the Authority aforesaid That this Act or any thing therein contained shall not extend to any Writ Declaration or suit of Appeal of Felony or Murder nor to any Indictment or Presentment of Felony Murder Treason or other matter nor to any Processe upon any of them nor to any Writ Bill Action or Information upon any penal Statute other then concerning Customes and Subsidies of Tunnage and Poundage Any thing in this Act contained to the contrary thereof in any wise notwithstanding And be it further Enacted by the Authority aforesaid That from and after the Twentieth day of March III. In what cases execution shall not be stayed by Writ of Error but upon Recognizance entred according to ◠Jac. cap. 8. in the Year of our Lord One thousand six hundred sixty and four no Execution shall be stayed in any of the aforesaid Courts by Writ of Error or Supersedeas thereupon after Verdict and Iudgment thereupon in any Action personal whatsoever unless a Recognizance with Condition according to the Statute made in the Third year of the Reign of our late Soveraign Lord King James shall be first acknowledged in the Court where such Iudgement shall be given And further That in Writs of Error to be brought upon any Iudgement after Verdict in any Writ of Dower or in any Action of Ejection◠Firmae no execution shall be thereupon or thereby stayed unless the Plaintiff or Plaintiffs in such Writ of Error shall be bound unto the Plaintiff in such Writ of Dower or Action of Ejectione firmae in such reasonable sum as the Court to which such Writ of Error shall be directed shall think fit with Condition that if the Iudgment shall be affirmed in the said Writ of Error or that the said Writ of Error be discontinued in default of the Plaintiff or Plaintiffs therein or that the said Plaintiff or Plaintiffs be nonsuit in such Writs of Error that then the said Plaintiff or Plaintiffs shall pay such Costs Damages and sum and sums of Money as shall be awarded upon or after such Iudgment affirmed Discontinuance or Nonsuit had And to the end that the same sum and sums and damages may be ascertained Proviso touching judgment in Dower and Ejectione firmae It is further Enacted That the Court wherein such Execution ought to be granted upon such Affirmation Discontinuance or Nonsuit shall issue a Writ to enquire as well of the mean profits as of the damages by any Waste committed after the first Iudgment in Dower or in Ejectione firmae And upon the Return thereof Iudgment shall be given and Execution awarded for such Mesne-profits and damages and also for Costs of Suit Provided That this Act nor any thing therein contained shall not extend to any Writ of Error to be brought by any Executor or Administrator nor unto any Action popular To what actions this Act shall not extend nor unto any other Action which is or hereafter shall be brought upon any Penal Law or Statute except Actions of Debt for not setting forth of Tythes nor to any Indictment Presentment Inquisition Information or Appeal Any thing herein before expressed to the contrary thereof in any wise notwithstanding Provided always That this Act shall continue in force for three years The continuance of this Act. and to the end of the next Session of Parliament after the expiration of the said thrée years and no longer CAP. IX The Chancellour of the Dutchy impowred to grant Commissions for taking Affidavits within the Dutchy-Liberties FOr the greater ease and benefit of the Inhabitants within the County Palatine of Lancaster and other places within several other Counties of this Kingdom within the Survey of the Court of Dutchy-Chamber at VVestminster in the taking of Affidavits in the County to be made use of and read in Causes depending and to be depending within the said Court Be it Enacted by the Kings most Excellent Maiesty by and with the advice and consent of the Lords Spiritual and Temporal and Commons in this present Parliament assembled and by the Authority of the same That the Chancellor of the said Dutchy and County Palatine of Lancaster for the time being shall and may by one or more Commission or Commissions from time to time as need shall require impower what and as many persons as he shall think fit and necessary within the said County Palatine and other Dutchy Liberties to take and receive all and every such Affidavit or Affidavit's as any person or persons shall be willing and desirous to make before any of the persons so impowred in or concerning any cause matter or thing depending or hereafter to be depending in the said Court of Dutchy-Chamber as Masters of Chancery in Extraordinary do use to do which said Affidavits shall be filed in the Office of the Clerk of the Court of the Dutchy and then be read and made use of in the said Court to all intents and purposes as other Affidavits taken in the said Court now are Provided That for the taking of every such Affidavit the person or persons so impowred and taking the same shall for so doing receive only the Sum or Fée of Twelve pence and no more CAP. X. An Act for Repairing the High-ways within the County of Hertford continued WHereas by a late Act of Parliament Intituled An Act for repairing the High-ways within the Counties of Hertford Cambridg and Huntington It was Enacted 15 Car. 2. c. 1. That for the Repairing of
Term shall be and be called A die Sancti Martini in quindecem dies And that the same dayes of Return shall be observed in all the High Courts of Record of our Soveraign Lord the King his Heirs and Successors hereafter to be holden at Westminster or other place or places at the assignment or appointment of our Soveraign Lord the King His Heirs and Successors And that from and after the Feast of Saint Michael the Archangel next coming The Return dayes to be observed there shall not be nor be called any dayes of Return in Octabis Sancti Michaelis nor a die Sancti Michaelis in quindecem dies nor either of them And that the said Term of Saint Michael yearly for ever from and after the said Feast of Saint Michael the Archangel next coming begin in and upon the said Tres septimanas Sancti Michaelis whensoever it shall happen to fall except it be on the Lords day commonly called Sunday and then on the morrow next after for the keeping of the Essoins Proffers Returns and other Ceremonies heretofore used and kept in like manner and form Two return dayes taken away as hath been used to be done in the day of the Return commonly called Octabis Sancti Michaelis and that the full Term of Saint Michael shall yearly for ever When the term shall begin from and after the Feast of Saint Michael next coming in all the aforesaid Courts of Recâ—â—d begin and take his commencement upon the quarto die of the said tres septimanas Sancti Michaelis and not before as formerly it hath been used upon the quarto die of Octabis Sancti Michaelis except it be on the Lords day commonly called Sunday and then on the morrow next after And be it further enacted by the authority aforesaid that if after the Feast of Saint Michael the Archangel next coming Hâ—w dayes shall â—e given or Wâ—â—ts in real actions other then writs of entry right or advowson or dower any Writ in any real Action other then Writs of Entry for common Recoveries and writs of right of Advowson and writs of Dower Unde nihil habet hereafter mentioned come in and be returnable in His Majesties Court of Common Pleas in the day of Return of Tres septimanas Sancti Michaelis then day shall be given in Crastino Purificationis beatae Mariae And if a die Sancti Michaelis in unum mensem then in Octabis Purificationis beatae Mariae if in Crastino animarum then in Quindena Paschae if in Crastino Sancti Martini then a die Paschae in tres septimanas if in Octabis Sancti Martini then a die Paschae in unum mensem if in Quindena Sancâ— Martini then in quinque septimanas Paschae if in Octabis Sancti Hillarii then in Crastino Ascensionis Domini if in Quindena Sancti Hillarii then in Crastino Sanctae Trinitatis if in Crastino Purificationis beatae Mariae then in Octabis Sanctae Trinitatis if in Octabis Purificationis beatae Mariae then in Quindena sanctae Trinitatis if in Quindena Paschae then a die sanctae Trinitatis in tres septimanas if a die Paschae in tres septimanas then a die Sancti Michaelis in tres septimanas if a die Paschae in unum mensem then a die Sancti Michaelis in unum mensem if a die Paschae in quinque septimanas then in Crastino animarum if in Crastino Ascensionis Domini then in Crastino Sancti Martini if in Crastino sanctae Trinit then in Octabis sancti Martini if in Octabis sanctae Trinitatis then in Quindena sancti Maâ—â—ini if in Quindena sanctae Trinitatis then in Octabis sancti Hillarii if a die sanctae Trinitatis in tres septimanas then in Quindena Sancti Hillarii How dayes shall be given in theâ—â— writs And for the more speedy proceeding in Writs of Dower and Writs of Entry for common Recoveries to be sued and prosecuted by Writs of Entry or Writs of Right of Advowson Be it further enacted by the Authority aforesaid That if after the said Feast of Saint Michael the Archangel next coming any Writ of Dower unde nihil habet or any writ of Entry whereupon a common Recovery is to be sued or Writs of Right of Advowson be returnable a die Sancti Michaelis in tres septimanas then a day shall be given in Octabis Sancti Martini if a die Sancti Michaelis in unum mensem then in Quindena Sancti Martini if in Crastino animarum then in Octabis Sancti Hillarii if in Crastino Sancti Martini then in Quindena Sancti Hillarii if in Octabis Sancti Martini then in Crastino Purificationis beatae Mariae if in Quindena Sancti Martini then in Octabis Purificationis beatae Mariae if in Octabis Sancti Hillarii then in Quindena Paschae if in Quindena Sancti Hillarii then a die Paschae in tres septimanas if in Crastino Purificationis beatae Mariae then a die Paschae in unum mensem if in Octabis Purificationis beatae Mariae then a die Paschae in quinque septimanas if in Quindena Paschae then in Crastino Ascentionis Domini if a die Paschae in tres septimanas then in Crastino Sanctae Trinitatis if in Mense Paschae then in Octabis Sanctae Trinitatis if in Quinque septimanas Paschae then in Quindena Sanctae Trinitatis if in Crastino Ascentionis Domini then a die Sanctae Trinitatis in tres septimanas if in Crastino Sanctae Trinitatis then a die Sancti Michaelis in tres septimanas if in Octabis Sanctae Trinitatis then a die Sancti Michaelis in unum mensem if in Quindena Sanctae Trinitatis then in Crastino Animarum if a die Sanctae Trinitatis in tres septimanas then in Crastino Sancti Martini Provided nevertheless and be it likewise enacted by the Authority aforesaid In writs of Dower after issue joyned fifteen dayes between the Teste and return sufficient that in all writs of Dower Unde Nihil habet after issue joyned it shall not be néedful or requisite to have above fifteen dayes betwixt the Teste and Return of the Venire facias or any other Process to be sued out for the trial of the said issue but that the Writ of Venire facias and other Process after Issue joyned untill judgment be given having only fifteen dayes betwéen the Teste and Return thereof shall be good and effectual in Law as is used in personal Actions any Law Statute or usage to the contrary heretofore notwithstanding And be it further enacted by the Authority aforesaid Crastino Ascentionis a good return that from and after the Feast of Saint Michael the Archangel now next coming the said day of Return called Crastino Ascentionis Domini shall be a good and perfect Return to all intents and purposes as any other of the said dayes of Return before mentioned is or hath béen used notwithstanding there be not fiftéen dayes between the quarto die of the said Return of Crastino Ascentionis Domini
The Essoin dayes and the Essoin day of the Return of Crastino Sanctae Trinitatis And be it further enacted Writs in personal actions hauing day from tres Michaelis till Crastino Ascentionis good Proviso for writs returnable 1641. Exp. That all Writs and Process in personal Acttions hereafter to be made out of any of his Majesties said Courts at Westminster and having day from tres Michaelis untill Crastino Animarum shall be good and effectual in Law notwithstanding there be not fiftéen dayes betwixt the quarto die of the said tres septimanas sancti Michaelis and the dayes of Essoin of Crastino Animarum Any Law Statute or Vsage to the contrary heretofore notwithstanding Provided alwayes and be if further Enacted by the Authority aforesaid that all writs and Process to be made from and after the Feast of Easter in the year of our Lord God 1641. Returnable in Octabis or Quindena sancti Michaelis now next ensuing or having dayes betwixt any of the said Returns shall by force of this Act have day unto tres septimanas sancti Michaelis next and the parties to the said writs and Process shall then appear and plead and procéed thereupon to all intents and purposes as if the said Writs and Process had béen made returnable a die sancti Michaelis in tres septimanas And whereas before the making of this Act Writs of summons ad Warrantizandum upon common recoveries and writs of Right of Advowson abridged to five Returns all Writs of Summons ad Warrantizand against the Vouchées upon Common Recoveries had in writs of Entry and writs of Right of Advowson were made for nine Returns inclusive Now for the more spéedy perfecting of such Recoveries Be it Enacted by the Authority aforesaid that from and after the said Feast of Saint Michael the Archangel next all and every such writs of Summons ad Warrantizand upon the appearance of the Tenant to every such writ of Entry and writ of Right of Advowson shall and may be made and abridged to five Returns as writs of Summons ad Warrantizand in writs of Dower unde nihil habet heretofore have been used and accustomed And it is further Enacted by the Authority aforesaid that all common writs and Process Common writs process to keep the aforesaid returns as well personal as mixt which shall fortune to be returnable in the said Michaelmas Term shall have and kéep the said Returns of A die sancti Michaelis in tres septimanas a die sancti Michaelis in unum mensem in Crastino animarum in Crastino Sancti Martini in Octabis Sancti Martini and a die Sancti Martini in Quindecem dies or any of them Provided alwayes And it is further Enacted by the authority aforesaid Special dayes may be appointed as have been used Dayes in assise of Darrein presentment and in plea of quare impedit and in attaint not contrary hereto shall be firm that in such and like cases and Process as special dayes have béen used to be appointed and assigned and given for the returning of writs and Process It shall be lawful to the Iustices of every of the Kings said Courts of Record for the time being in all the Process by them awarded to assign and appoint special dayes of Returns as by their discretions shall be thought convement Provided also and be it further Enacted by the Authority aforesaid That the dayes in Assise of Darrein presentment and in Plea of Quare Impedit limited and appointed by the Statute of Marlebridge and also the dayes to be given in Attaint limited in the Statute made in the fifth year of the Reign of the Noble King Edward the third And also in the Statute made in the thrée and twentieth year of the Raign of the late King Henry the eighth of worthy memory being not contrary to the Tenours of this Act shall be holden firm and stable and shall stand in their full force and effect CAP. VII 1 Stat. 12. Car. 2. cap. 1. This Parliament shall not be Dissolved Prorogued or Adjourned but by Act of Parliament EXP. CAP. VIII Tunnage and Poundage A Subsidy Granted to the King of Tunnage Poundage and other sums of Money payable upon Merchandize Exported and Imported from the 25th of May 1641. to the 14th of July next EXP. CAP. IX Provision of Money for the speedy Disbanding the Armies and setling the Peace of the two Kingdoms of England and Scotland by raising and charging several sums of Money upon persons according to their Ranks Dignities Offices Callings Estates and Qualities therein mentioned and Commissioners to issue for levying the same EXP. CAP. X. For Regulating the Privy Councel and for taking away the Star-Chamber-Court Recital of Maâ—â—-Châ—rlâ— and several Statutes St. 3. li. 7. 1. 5 E. 3. cap. 9. VVHereas by the Great Charter many times confirmed in Parliament It is Enacted That no Fréeman shall be taken or imprisoned or disseised of his Fréehold or Liberties or Frée Customs or be Outlawed or exiled or otherwise destroyed and that the King will not pass upon him or condemn him but by lawful Iudgment of his Péers or by the Law of the Land And by another Statute made in the fifth year of the Reign of King Edward the Third It is Enacted That no man shall be attached by any accusation nor fore-judged of life or limb nor his Lands Tenements Goods nor Chattels seised into the Kings hands against the form of the Great Charter and the Law of the Land and by another Statute made in the five and twentieth year of the Reign of the same King Edward the Third 25 E. 3. cap. 4. Stat. 5. It is accorded assented and established that none shall be taken by petition or suggestion made to the King or to his Councel unless it be by Indictment or Presentment of good and lawful people of the same Neighbourhood where such Déeds be done in due manner or by Process made by Writ Original at the Common Law and that none be put out of his Franchise or Free-hold unless he be duly brought in to answer and foreiudged of the same by the course of the Law and if any thing be done against the same it shall be redressed and holden for none 28 E. 3. cap. 3. And by another Statute made in the eight and twentieth year of the reign of the same King Edward the Third It is amongst other things Enacted That no man of what Estate or condition soever he be shall be put out of his Lands or Tenements nor taken nor imprisoned nor disinherited without being brought in to answer by due process of Law And by another Statute made in the two and fortieth year of the Reign of the said King Edward the Third 42 E. 3. c. 3. It is Enacted That no man be put to answer without presentment before Iustices or matter of Record or by due process and writ original according to the Old Law of
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
Majesty his Heirs or Successors And all Powers and Authorities Granted or pretended or mentioned to be Granted thereby and all Acts Sentences and Decrées to be made by vertue or colour thereof shall be utterly void and of none effect CAP. XII A Subsidy Granted to the King of Tunnage and Poundage Tunnage and Poundage and other sums of Money payable upon Merchandize Exported and Imported from the 15th of July 1641. to the 10th of August next EXP. CAP. XIII Such Monies secured as are or shall be due to the Inhabitants of the County of York and the other adjoyning Counties for the Billet of the Souldiers and to certain Officers of the Army who forbear part of their pay according to an Order in that behalf made in the Commons House of Parliament this present Session for such part of their pay as they shall so forbear EXP. CAP. XIV The late Preceedings touching Ship-money declared unlawful and all Records and Process concerning the same made void Shipâ—rits VVHereas divers Writs of late time issued under the Great Seal of England commonly called Ship-Writs for the charging of the Ports Towns Cities Burroughs and Counties of this Realm respectively Certioraries to provide and furnish certain Ships for his Majesties service Mittimus And whereas upon the Execution of the same Writs and Returns of Certioraries thereupon made and the sending the same by Mittimus into the Court of Exchequer Process hath béen thence made against sundry persons pretended to be charged by way of Contribution for the making up of certain sums assessed for the providing of the said Ships and in especial in Easter Term Scire facias against John Hampden Esquire Demurrer in the thirtéenth year of the Reign of our Soveraign Lord the King that now is a Writ of Scire facias was awarded out of the Court of Exchequer to the then Sheriff of Buckingham-Shire against John Hampden Esquire to appear and shew cause why he should not be charged with a certain sum so assessed upon him upon whose appearance and demurrer to the procéedings therein the Barons of the Exchequer adjourned the same case into the Exchequer-Chamber where it was solemnly argued divers dayes and at length it was there agréed by the greater part of all the Iustices of the Courts of Kings Bench and Common Pleas and of the Barons of the Exchequer there assembled That the said John Hampden should be charged with the said sum so as aforesaid assessed on him The main grounds and reasons of the said Iustices and Barons which so agréed being that when the good and safety of the Kingdom in general is concerned and the whole Kingdom in danger the King might by Writ under the Great Seal of England command all the Subjects of this His Kingdome at their charge to provide and furnish such manner of Ships with Men Victuals and Munition and for such time as the King should think fit for the defence and safeguard of the Kingdom from such danger and peril and that by Law the King might compel the doing thereof in case of refusal or refractorinses and that the King is the sole Iudg both of the danger and when and how the same is to be prevented and avoided according to which grounds and reasons all the Iustices of the said Courts of Kings Bench and Common Pleas and the said Barons of the Exchequer having béen formerly consulted with by his Maiesties command Extrajudicial Opinion had set their hands to an extraiudicial opinion expressed to the same purpose which Opinion with their names thereunto was also by his Majesties command inrolled in the Courts of Chancery Kings Bench Common Pleas and Exchequer and likewise entred among the Remembrances of the Court of Star-Chamber Iudgment and according to the said agréement of the said Iustices and Barons Iudgment was given by the Barons of the Exchequer That the said John Hampden should be charged with the said sum so assessed on him And whereas some other Actions and Proces depend and have depended in the said Court of Exchequer and in some other Courts against other persons for the like kind of charge grounded upon the said Writs commonly called Shipwrits all which Writs and procéedings as aforesaid were utterly against the Law of the Land Shipmoney proceedings thereupon contrary to Law Be it therefore declared and Enacted by the Kings most excellent Majesty and the Lords and Commons in this present Parliament assembled and by the Authority of the same That the said charge imposed upon the Subject for the providing and furnishing of Ships commonly called Ship-money and the said extrajudicial opinion of the said Iustices and Barons and the said Writs and every of them and the said agréement or opinion of the greater part of the said Iustices and Barons and the said judgment given against the said John Hampden were and are contrary to and against the Laws and Statutes of this Realm the right of property the liberty of the Subjects former resolutions in Parliament and the Petition of Right made in the third year of the Reign of his Maiesty that now is St. 3 Car. 1. Petition of right to be observed And it is further declared and Enacted by the Authority aforesaid That all and every the particulars prayed or desired in the said Petition of Right shall from henceforth be put in execution accordingly and shall be firmly and strictly holden and observed as in the same Petition they are prayed and expressed and that all and every the Records and remembrances of all and every the Iudgment Iudgments proceedings touching ship-money and all entries records inrolments thereof made void Inrolments Entry and procéedings as aforesaid and all and every the procéedings whatsoever upon or by pretext or colour of any of the said Writs commonly called Ship-Writs and all and every the Dependents on any of them shall be Déemed and Adiudged to all intents constructions and purposes to be utterly void and disannulled and that all and every the said Iudgment Inrolments Entries Procéedings and Dependents of what kind soever shall be vacated and cancelled in such manner and forme as Records use to be that are vacated CAP. XV. Touching Incroachments and Oppressions in the Stannary Courts WHereas King EDWARD the first of famous memory did for the Amendment of the Stannaries in the County of Devon E. 1. Charter grant divers Franchises and Liberties to the Tinners there And whereas in the Parliament in the fiftieth year of King EDWARD the third upon the petition of the Commons of the County of Devon certain Branches and Articles of the said Charter were explained in manner following That is to say whereas one Article of the said Charter is in these words following Explained 50 E. 3. viz. Sciatis nos ad emendationem Stannariarum nostrarum in Com. Devon ad tranquilitatem utilitatem Stannatorum nostrorum praedictorum earundem Concessisse pro nobis haeredibus
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
and are hereby from henceforth Discharged And also the Kings Majesty is contented That it be further Enacted by Authority of this present Parliament and be it Enacted by the Authority aforesaid That this His said Frée Pardon Indempnity and Oblivion shall be as good and effectual in the Law to every of his said Subjects Bodies Corporate and others before rehearsed in for and against all things which be not hereafter in this present Act Excepted and Foreprized as the same Pardon Indempnity and Oblivion should have béen if all Offices Contempt Forfeitures Causes Matters Suits Quarrels Iudgments Executions Penalties and all other things not hereafter in this present Act Excepted and Foreprized had béen particularly singularly especially and plainly named rehearsed and specified and also pardoned by proper and express Words and Names in their Kinds Natures and Qualities by Words and Terms thereunto requisite to have béen put in and expressed in this present Act of Frée Pardon Indempnity and Oblivion And that his said Subjects nor any of them nor the Heirs Executors or Administrators of any of them nor the said Bodies Corporate and others before named and rehearsed nor any of them be nor shall be Sued Vexed or Inquieted by or on the behalf of the Kings Majesty his Heirs or Successors in their Bodies Goods Chattels Lands or Tenements for any manner of Matter Cause Contempt Misdemeanor Forfeiture Trespass Offence or any other thing Suffered Done or committed before the said twenty fourth day of June One thousand six hundred sixty against His late Majesty King Charles or His Majesty that now is His Crown Dignity Prerogative Laws or Statutes but onely for such Matters Causes and Offences as be Excepted and Foreprized by this present Act out of the same any Statute or Statutes Laws Customs or Vsages heretofore had made or used to the contrary in any wise notwithstanding And that all and every the Kings said Subjects and all and singular Bodies Corporate and others before rehearsed may by him or themselves or by his or their Deputy or Deputies or by his or their Attorney or Attorneys according to the Laws of this Realm plead and minister this present Act of Frée Pardon for his or their Discharge of or for any thing that is by vertue of this present Act Pardoned Discharged Given or Granted without any Fée or other thing paying to any person or persons for wriiing or entry of the Iudgements or other cause concerning such Plea Writing or Entry but onely sixtéen pence to be paid to the Officer or Clerk that shall enter such Plea Matter or Iudgement for the Parties Discharge in that behalf any Law Statute Vsage or Custom to the contrary notwithstanding And furthermore the Kings Majesty is contented and pleased that it be Enacted This Pardon c. to be expounded in all Courts most beneficial for the Subject and be it Enacted by the authority aforesaid That this His said Frée Pardon Indemntty and Oblivion by the general Words Clauses and Sentences before rehearsed shall be reputed déemed adjudged expounded allowed and taken in all manner of Courts of his Highness and elsewhere beneficial and available to all and singular the said Subjects Bodies Corporate and others before rehearsed and to every of them in all things not in this present Act excepted or foreprized without any ambiguity question or other delay whatsoever it shall be to be made pleaded objected or alleadged by the King our Soveraign Lord His Heirs or Successors or by His or any of their general Attorney or Attorneys or by any person or persons for his Highness or any of His Heirs or Successors And furthermore be it Enacted by the King our Soveraign Lord The Penalty of any Officer c. that shall go about to disquiet or trouble any person pardoned by this Act. and the authority aforesaid That if any Officer or Clerk of any of His Highness Courts commonly called the Chancery Kings-Bench and Common-pleas or of his Exchequer or any other Officer or Clerk of any other of His Highness Courts within this Realm at any time of the passing of this present Act make out or write out any manner of Writs Process Summons or other Precepts whereby any of the said Subjects or of the said Bodies Corporate or others before rehearsed or any of them shall be in any wise arrested attached distrained summoned or otherwise vexed inquieted or grieved in his or their Bodies Lands Tenements Goods or Chattels or in any of them for or because of any manner of thing pardoned or discharged by vertue of this Act of Frée Pardon Or if any Sheriff or Escheator or any of their Deputy or Deputies or any Bayliff or other Officer whatsoever by colour of his or their Office or otherwise after the passing of this present Act do levy receive take or withhold of or from any person or persons any thing pardoned or discharged by this Act That then every such person so offending and thereof lawfully convicted or condemned by any sufficient testimony witness or proof shall yield and pay for recompence thereof to the party so grieved or offended thereby his or their treble damages besides all costs of the Suit and shall also forfeit and lose to the Kings Majesty for every such default ten pounds And nevertheless all and singular such Writs Process and Precepts so to be made for or upon any manner of thing pardoned or discharged by this present Act of Frée Pardon Indemnity and Oblivion shall be utterly void and of none effect Except and alwayes foreprized out of this Frée and General Pardon Exceptions out of his Pardon All Murder not comprised in the first clause of this Pardon excepted Pyracy excepted Buggery Rapes and wilful taking away any Maid excepted all Murders done or committed by any person or persons other then such which are pardoned and discharged in the first clause of pardon above mentioned And also excepted and alwayes foreprized out of this General and Frée Pardon all and every the offences of Piracy and Robbery upon the Seas not done in relation to the Diffrences and Wars aforesaid and every procuring or abetting of any such Offendors and the comforting and receiving of them or any of them or any goods taken by way of such Piracy or Robbery upon the Seas as aforesaid And also excepted the detestable and abominable Vice of Buggery committed with Mankind or Beast And also excepted all Rapes and carnal Ravishments of Woman And also excepted all Ravishments and wilful taking away or marrying of any Maid Widow or Damsel against her will or without the assent or agréement of her Parents or such as then had her in custody and also all Offences of aiding comforting procuring and abetting of any such Ravishment wilful taking or Marrying had committed or done And also excepted all Offences made Felony by a certain Act made and ordained Entiuled Double Marriages excepted Witchcraft excepted Accompts of certain Treasurers and Receivers
que use Cestuy que trust and every of them their Heirs Executors Administrators and Assigns respectively as if this Act had not béen made and as if the said person or persons had not béen excepted attainted or convicted Any Law Statute Vsage or Custome to the contrary thereof in any wise notwithstanding Provided alwayes That this Act nor any thing therein contained Fabric◠Lands Church Goods and Vtensils shall not extend to Indempnifie any person or persons whatsoever who have entred into any Messuage Lands Tenements and Hereditaments called Fabrick Lands or possest themselves of any Rent or Revenues given for the repair of any Cathedral or other Church or who have Sacrilegiously enriched themselves by converting the Plate or Vtensils and Materials of or belonging to such Churches to their own private use and advantage for or in respect of the said Crimes onely Stat. 13 Car. 2. cap. 7. CAP. XII Which Judicial Proceedings shall be good and effectual in Law and which not BE it Enacted and it is Enacted by His Majesty and the Lords and Commons in Parliament assembled and by the Authority of the same That no Fines nor final Concords Which Acts and Proceedings shall not be avoided Chirographs nor Proclamations of Fines nor any Recoveries Verdicts Iudgments Statutes Recognizances nor Inrolments of any Déeds or Wills or of any such Fines Proclamations Recoveries Verdicts Iudgments Statutes or Recognizances nor any Exemplifications of them nor any of them nor any Inquisitions Indictments Presentments Informations Decrées Sentences Probats of Wills nor Letters of Administration nor any Writs or Actings on or Returns of Writs Orders or other Procéedings in Law or Equity had made given taken or done or depending in the Courts of Chancery Kings-Bench Vpper Bench Common-Pleas and Court of Exchequer and Courts of Exchequer-Chamber or any of them sitting at Westminster or in the Courts of the Great Sessions in Wales the Courts of any Counties Palatine or Dutchy of Lancaster or Town of Berwick upon Tweed or in any other inferiour Courts of Law or Equity or by any the Iudges Clerks Officers Sheriffs Coroners or Ministers or others Acting in Obedience to them or any of them or by any the Courts of Admiralty Delegates Iustices of Assize Nisi Prius Oyer and Terminer Gaol-Delivery Iustices of the Peace Commissioners of Sewers Bankrupts or Charitable Vses nor any Actings Process Procéedings nor Executions thereupon had made given done or suffered in the Kingdom of England since the First of May One thousand six hundred forty two shall be avoided for want or defect of any Legal Power in the said Courts Iudges Commissioners Iustices or any of them or for or by reason that the Premisses or any of them were commenced prosecuted had made held or used in the Name Stile or Title of the late King or in the Name Stile Title or Test of Custodes Libertatis Angliae Authoritate Parliamenti Or in the Name Stile Title or Test of The Keepers of the Liberty of England by Authority of Parliament Or in the Name Stile Title or Test of Oliver Lord Protector of the Commonwealth of England Scotland and Ireland and the Dominions thereunto belonging Or of Oliver Lord Protector of the Commonwealth of England Scotland and Ireland and the Dominions and Territories thereunto belonging Or the Name Stile Title or Test of Richard Lord Protector of the Commonwealth of England Scotland and Ireland and the Dominions and Territories thereunto belonging or for or by reason of any alteration of the said Names Stiles or Titles Or for that the said Fines Recoveries Process Pleadings Procéedings and other things before mentioned Or the Entry and Enrolment of them or any of them were in the Latine or English But that all and every such Fines Recoveries and other things above mentioned and the Actings Doings and Procéedings thereupon shall be of such and of no other Force Effect and Vertue then as if such Courts Iudges Iustices Commissioners Officers and Ministers had acted by vertue of a True Iust and Legal Authority and as if the same and the Entry and Enrolment thereof were in Latine and as if the several Acts and Ordinances or pretended Acts or Ordinances made by both or either Houses of Parliament or any Convention assembled under the name of a Parliament or by Oliver Cromwell late stiled Protector of the Commonwealth of England Scotland and Ireland and the Dominions thereto belonging and his Council Warranting or Directing such Procéedings had béen Good True and Effectual Acts of Parliament Fines Levied without Entry of Licentia concordandi And whereas since the death of the late King several Fines have béen Levied without any Entry or due Entring of any sum paid pro licentia concordandi commonly called the Kings Silver and without Entry or due Entry of any sum given to the party for the Concord And also whereas in the Term of St. Michael last past several Fines were Levied and Recorded in the Court of Common Pleas before one Iudge onely of the said Court Be it Enacted That the said Fines and Proclamations thereupon and every of them shall be good and effectual notwithstanding the defects aforesaid Fines and Recoveries of Lands in Com Palatin Durham And be it also further Enacted That all Fines Proclamations of Fines Recoveries and other Iudicial procéedings in the Court of Common Pleas at Westminster since the death of His late Majesty King Charles the First Had Levied or Suffered of any Lands lying in the County Palatine of Durham shall be good and effectual notwithstanding the said Lands were lying in the said County Palatine The Illegal Acts and Proceedings of that High Court of Iustice not allowed Provided That this Act or any thing there in contained shall not be Construed Deemed or Adjudged to make good allow confirm or countenance any the Procéedings in the late Illegal and Vn-warranted High Courts of Iustice or so called or any of them And whereas since the first day of May in the year of our Lord One thousand six hundred forty one and before the Five and twentieth day of April in the year of our Lord One thousand six hundred and sixty there were divers persons that Adhered to both Houses of Parliament who for or in respect of such their adherence were Indicted Charged or Impeached of Treason And whereas since the said first Day of May in the Year of our Lord One thousand six Hundred Forty one and before the said Five and twentieth day of April in the Year of our Lord One thousand six hundred and sixty divers persons who adhered to His Majesty or to the late King were for such their adherence Charged Impeached or Indicted of High Treason Indictments c. and all Grants thereupon made void Be it further Provided and Enacted That the said Charges Impeachments Indictments and all Exigents Outlawries Convictions and Attainders thereupon and all Letters Patents and Grants thereupon made of any Manors Lands Tenements or
offending to Gaol till the next Sessions there to be indicted and procéeded against for the same and that the Officers and Inhabitants of the Village or Parish where such offence shall happen shall be assistant therein and moreover the party grieved shall have his Action or Actions against such offender or offenders and therein recover his treble damages and treble costs In which Action no Essoin Wager of Law Aid-prayer Priviledge Protection Imparlance Iniunction or Order of Restraint No action upon this Statute to be stayed but by Order of the Court where such action depends shall be granted or allowed And if any person or persons shall after notice given that the Action depending is grounded upon this Statute cause or procure any Action at the common Law grounded on this Statute to be delayed or stayed before Iudgment by colour or means of any Order Power Warrant or Authority save onely of the Court where such Action shall be brought and depending or after Iudgment had upon such Action shall cause or procure Execution of such Iudgment to be stayed or delayed by colour or means of any Order Warrant Power or Authority save only by Writ of Errour or Attaint or Order of such Court where such Writof Errour or Attaint shall be depending That then the person so offending shall incur the pains penalties Premunire and forfeitures ordained and provided by the Statute of Provision and Premunire made in the sixtéenth year of the Reign of King Richard the second Provided alwayes That this Act extend not to prejudice any of His Majesties Rights Titles or Duties of in or to or out of any Tinne in the Stannaries of Devon and Cornwall Proviso for the Stannaries Butserage Prisage nor to prejudice the ancient Duties of Butlerage and Prizage of Wines but that the same shall be in the same plight that the same were before the making of this Act any thing herein contained to the contrary in any wise notwithstanding Recompence to his Majesty for the Court of Wards and Purveyances And now to the intent and purpose that His Majesty His Heirs and Successors may receive a full and ample Recompence and Satisfaction as well for the profits of the said Court of Wards and the Tenures Wardships Liveries Primer-Seizins Ousterlemaines and other the Premisses and Perquisites incident thereunto and for all Arrears any way due for the same as also for all and all manner of Purveyance and Provisions herein before mentioned and intended to be taken away and abolished and all sums of money due or pretended to be due or payable for and in respect of any compositions for the same 12 Car. 2. cap. 23. Rates of the Excise Be it therefore Enacted by the Authority aforesaid That there shall be paid unto the Kings Majesty His Heirs and Successors for ever hereafter in recompence as aforesaid the several Rates Impositions Duties and Charges herein after expressed and in manner and form following that is to say 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. 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. 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. 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. For every Barrel of Beer commonly called Vinegar-Beer brewed by any common Brewer in any common Brew-house six pence Vi. d. For every Gallon of Strong-water or Aquavitae made and sold to be paid by the maker thereof One penny i. d. For every barrel of Beer or Ale Imported from beyond the Seas Three Shillings iij. s. 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. For every gallon of Spirits made of any kind of Wine or Syder Imported Two pence ij d. For every gallon of Strong-water perfectly made Imported from beyond the Seas Four pence iiij d. For every Gallon of Coffee made and sold to be paid by the maker Four pence iiij d. For every gallon of Chocolatte Sherbet and Tea made and sold to be paid by the maker thereof Eight pence Viij d. And be it further Enacted and Ordained by the Authority aforesaid That the several Rates Rates of Excise upon forreign Liquors imported to be paid in money before landing 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 And be it further Enacted by the Authority aforesaid Entries to be made at the Office of Excise by Common Brewers Inn-keepers c. That all common Brewers of Béer and Ale shall once in every Wéek And all Inn-kéepers Alehouse-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 And be it further Enacted by the Authority aforesaid That all such common Brewers The penalty for not making Entries who do not once a Wéek make due and particular Entries shall forfeit ten 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 The penalty for not paying who shall not pay and clear off
such Rate is made whereby they shall have power for their several Counties to raise upon the Parishes that lie in or near the said Road and so will have a benefit therefrom such sum or sums of money as they shall sée fit and convenient for the spéedy effecting of the said Repairs before mentioned which said sum and sums so to be rated as aforesaid shall be paid to the Surveyors for the respective County where such Rate is made or to their Receiver or Collector to be imployed for the repairing of the said Ways and places afore-mentioned and not otherwise And in case any person shall refuse to pay such rate so to be made That it shall and may be lawful for the said Surveyors or their said Receivers and Collectors to distrain for such sum or sums of money and the distress to sell rendring the overplus to the Owners Provided always and it is Enacted by the Authority aforesaid That the said money so advanced by the said several Towns in the said respective Counties shall again be repayed with Interest by the several Surveyors for the several Counties as it doth arise out of the said Toll every County paying for what is so borrowed within its own County and no further And be it further Enacted by the Authority aforesaid That if any person or persons not having any lawful cause to be allowed as aforesaid The Penalty for refusing to take the Office of Surveyor shall neglect or refuse to take upon him or them the said Office of Surveyor being thereunto nominated and chosen according as by this Act is appointed or to do or perform his or their duty in the due and spéedy execution of this present Act the said Iustices of the Peace for the several and respective Counties where such Surveyor or Surveyors dwell at their Quarter-Sessions shall and may hereby have power to impose on such person or persons so refusing or neglecting such Fine or Fines not excéeding Ten pounds upon each person so refusing or neglecting as to them shall séem méet and to cause the same to be levied by distress and sale of his or their Goods rendring to the party so distrained the overplus if any shall be Fines and Forfeitures upon this Act how to be paid and disposed And be it further Enacted by the Authority aforesaid That all Fines or Forfeitures to be imposed or incurred by vertue of this Act shall be paid to the Surveyors for the time being or any thrée of them or the Treasurers of the said Surveyors for the said respective Counties for and towards the repairing of the said High-ways and places aforesaid And in case of refusal or if any person or persons so chosen to take upon him or them the said Office shall happen to die or shall for any lawful impediment be discharged from the said Office that then some other fit person or persons within that County shall be appointed by two or more Iustices in the said County living near the said High-way and places aforesaid in the place of him or them that shall so refuse die or be discharged and the person or persons so chosen shall and are hereby required upon notice thereof to him or them given under the hands and seals of the said Iustices by whom he or they shall be so chosen to take upon him or them the said Office of Surveyor and to execute the same in such manner and under such and the like penalties as if he or they had béen chosen by the Iustices at their Sessions of the Peace in manner as aforesaid Suits upon this Act shall be laid in the proper County And the Defendant may plead the general Issue And be it further Enacted by the Authority aforesaid That if any Suit shall be commenced against any person for any thing done in pursuance of this present Act That in every such case the Action shall be laid in the said respective Counties where the Cause doth arise and not elsewhere and the Defendant in such Action so to be brought may plead the general Issue and give this Act and the special matter in evidence at any Tryal to be had thereupon and that the same was done in pursuance and by Authority of the said Act And if it shall so appear to be done and that such Action shall be brought in any other County That then the Iury shall find for the Defendant and upon such Verdict or if the Plaintiff shall be non-suited or discontinue his Action after the Defendant shall have appeared or if upon Demurrer Iudgment shall be given against the Plaintiff the said Defendant shall have and recover his double Costs Double Costs and have the like remedy for the same as any Defendant hath in any other case by Law Toll not to be paid twice in the same day Provided always That no person or persons having occasion to passe any place where the Toll is taken and return the same day with the same Horse Coach Waggon or other Carriage or with Cattel shall be compelled in the same day to pay the said Toll a second time Any thing in this Act to the contrary notwithstanding Provided also That all and every person and persons who by Law are chargeable towards the repairing of the said High-ways and places aforesaid shall still remain so chargeable Any thing in this Act to the contrary thereof in any wise notwithstanding The continuance of this Act for 11. years only Proviso for exempting certain persons and things from paying any Toll Provided also That neither this Act nor any thing therein contained shall extend to any further time or be of force any longer then the term of Eleven years to be accounted from the passing of this Act Any thing in this Act to the contrary notwithstanding Provided always That all and every person and persons passing through the respective places appointed for the receiving of Toll as aforesaid viz. at Wades-Mill for the County of Hertford at Caxton for the County of Cambridge and at Stilton for the County of Huntington and coming immediately and primarily to and from the several Parishes of Standen Thundridge Ware and Bengeo adjacent to Wades-Mill in the said County of Hertford and Stowe great Papworth little Papworth Borne and Elsley adjacent to Caxton in the said County of Cambridge and Yaxley Washingley Glatton Cunington Waddon and Stibbington adjacent to Stilton in the said County of Huntington shall have a liberty to carry any quantity or quantities of Stones Sand Stones Gravel c. Lime or Gravel Dung Mould and Compost of any nature or kind whatsoever Brick Chalk or Wood And that they and all Carts with Hay or Corn in the Straw at Hay-time Hay Corn in Harvest 〈◊〉 Pâ—â—ugh 〈◊〉 Impâ— of Hâ— or Harvest Ploughs Harrows and other Implements of Husbandry and all other things whatsoever imployed in the Husbanding Stocking and Manuring of their several and respective Lands in the said several
time or times during the space of thrée years from the Twenty fourth day of July in the year of our Lord One thousand six hundred sixty and thrée to Summon and Continue together so many of the said Trained Forces within their respective Counties and Precincts 14 Car. 2. cap. 3. and so long as they shall judge convenient in lieu of certain days appointed for Exercise and Musters by the said Act Entituled An Act for Ordering the Forces in the several Counties of this Kingdom No Troop to be kept upon duty above 14 days Provided always And be it Enacted That any Troop Company or Souldiers may be so kept upon such Duty by vertue hereof fourtéen days and no longer in any one year Commissioned Foot-Officers discharged from finding Arms. Provided always And be it Enacted That every Commissioned Foot-Officer in the Train-Bands or Militia of this Kingdom setled according to Act of Parliament shall be and is hereby exempted and excused from finding and contributing towards the finding and contributing towards the finding any Horse Horse-man or Arms or Foot-Souldier and Arms for his whole Estate if at any time it is charged but for one Horse or a less charge or for such part of his Estate as is or shall be charged with one Horse if his whole Estate be charged with a greater charge then one Horse in the County or Lieutenancy where he so serves as a Foot-Officer in respect of the expence which the said Imployment doth necessarily engage him in Any thing in the said Acts to the contrary notwithstanding The Duty of Constables in executing Warrants of the Lieutenants or Deputies Be it also Enacted and Ordained That each Constable Tything-man or other Officer of any Parish or place under the penalty for every neglect of forfeiting Forty shillings shall and do by vertue of a Warrant directed to him from the respective Lieutenants and Deputy-Lieutenants or any thrée or more of them Levy all arrears and proportions of money unpaid that were set or charged for the Raising Training and Arraying the Trained Bands and Forces actually raised and in being before the passing of the said mentioned Act by the Distress and sale of the Goods of any person or persons refusing to pay the same rendring back the overplus if any the charge of Distress and Sale being first deducted Troopers and Souldiers shall be subject to Exercise and Duty Be it also Enacted That every Trooper or Foot-Souldier at any time raised by vertue or according to the directions of this present Act shall be subject to such Exercise and Duty as others charged or raised by the said mentioned Act shal accordingly upon like pains penalties observe and kéep all the respective Orders and Directions of the said Act and of this present Act and shall suffer the same penalties for committing any of the respective crimes and offences exprest in the said Act which said pains and penalties are in the like cases to be imposed and levied in the same manner and by the same ways and means as are set down in the said Act. And whereas the fourth part of one moneths Assessment in each County A fourth part or a moneths assesment how to be disposed after the rate of Seventy thousand pounds by the moneth is by the said Act yearly appointed for furnishing Munition and other necessaries Be it Enacted and delared by the Authority aforesaid That the said respective Lieutenants and Deputies or any thrée or more of them shall from time to time have power to dispose of so much of the said fourth part to the inferiour Officers imployed in or about the said respective Forces for their pains and encouragement as to them the said Lieutenants and Deputies or any thrée or more of them shall seem expedient Provided always and be it Enacted Persons sued for matters done by this Act may plead the general issue That it shall be lawful to every person and persons that shall have any Action or Suit brought against him or them for any thing done in execution of this or the said Act to plead the General Issue and to give the special matter in Evidence and if Iudgment shall be given for the Defendant or if the Plaintiff shall become Nonsuit or discontinue his Suit then he shall recover double Costs Provided also and be it Enacted Double costs to the Defendant That no Action or Suit shall be brought against any person for any thing done in execution or by pretence of the execution of this or the said Act unless the said Action or Suit be laid in the proper County and commenced within six moneths next after such cause of Action Provided and be it further Enacted by the Authority aforesaid That one Clause contained in a certain Act Entituled An Act declaring the sole right of the Militia to be in the King 13 Car. 2. c. 6 and for the present Ordering and disposing of the same and made for the Indempnifying of all persons acting in the Militia from the four and twentieth of June One thousand six hundred and sixty to the twentieth of July One thousand six hundred sixty and one as touching the Assaulting Detaining or Imprisoning any person suspected to be a Fanatick Sectary or Disturber of the Peace Fanatick Sectaries or seizing of Arms or searching of houses for Arms or for suspected persons shall be construed to Commence and take effect and shall be good and effectual in Law for the Indempnifying of all persons whatsoever acting in the Militia of this Kingdom for any the matters aforesaid betwixt the second day of February One thousand six hundred fifty nine and the four and twentieth of June One thousand six hundred and sixty inclusive by vertue or colour of any Authority or Command whatsoever any thing in the said Act or in any other Act to the contrary thereof in any wise notwithstanding And be it further Enacted by the Authority aforesaid That the several forfeitures How the forfeitures and penalties upon this Act may be levyed Penalties and payments by this present Act Imposed Set or Directed not otherwise by this present Act provided to be Levied Sued for or Recovered shall or may in case of default be Levied or Recovered by Warrant under the hands and Seals of the respective Lieutenants and Deputy-Lieutenants or any thrée or more of them upon the Goods and Chattels of the Offender and by Sale of the same rendring the party the overplus if any be And if sufficient of the Goods and Chattels of such Offender cannot be found or had whereof to levy such forfeiture payment or penalty then the said respective Lieutenants and Deputy-Lieutenants or any thrée or more of them shall have power and are hereby authorized by like Warrant under their hands and seals to commit such Offender to Prison untill he shall make satisfaction according to the said forfeiture payment or penalty And it is further Declared and
and payable for the same be fully satisfied and paid And that every Warrant for the landing or delivering of any such Forreign Liquors shall be Signed by the hand of the said Officer or Collector of the Excise in the said Port or Place respectively upon pain that all such Foreign Liquors as shall be landed put on shore or delivered contrary to the true intent and meaning hereof or without the presence of an Officer or Waiter for the Excise or the value thereof shall be forfeited and lost the one moyety to the Kings Majesty and the other moyety to him or them who shall or will Seise Inform or Sue for the same to be recovered of the Importer or Proprietor thereof And that no person or persons whatsoever bringing any Exciseable Liquors except Béer Ale Sider Perry and Metheglin into any part or place of this Realm by Coast Cocquet Transire or Certificate nor any person or persons to whom the same or any of them shall be consigned shall land or cause any such Exciseable Liquors except before excepted to be landed or put on shore without making or causing due Entry to be made of the same with the Officer or Officers of the Excise for the time being appointed to receive and take such Entries within the Port or Place where the same shall be landed upon pain in every such case as aforesaid to forfeit double the value of the said Liquors landed or put on shore contrary to the true intent and meaning hereof Appeals in causes of Excise Provided also and be it further Enacted and Ordained by Authority aforesaid That no Appeal in any Cause of Excise whatsoever shall be admitted until the Party Appellant shall have first Deposited and laid down the single Duty of Excise in the hands of the Commissioners Farmers or Sub-Commissioners of Excise within whose Iurisdiction or Division the said Cause was originally heard and determined and have given Security to the Commissioners of Appeal or Iustice of the Peace respectively where such Cause is to be finally Adjudged for all such Fine Forfeiture and Penalty as upon such hearing and determination was Adjudged against him And that if upon the hearing and determining of any such Appeal the said Original Iudgment shall happen to be reversed and made null then and in every such case the said Commissioners Farmers or Sub-Commissioners of Excise in whose hands the said single Duty of Excise was deposited shall restore and deliver back the same or as much thereof as shall be adjudged by the Commissioners of Appeals or Iustices of the Peace respectively to the said Appellant and the party originally prosecuted shall pay him double Costs But in case the first Iudgment shall be affirmed the party Appealing shall pay the like Costs unto the Commissioner or Commissioners complained of Any thing in this Act or any other Act or Statute whatsoever to the contrary thereof contained in any wise notwithstanding Excise upon Vinegar-beer And be it further Enacted by Authority aforesaid That all and every person or persons whatsoever Brewing or Making any Béer whether in a common Brew-house or otherwise for sale or to convert into Vinegar for sale shall pay for every Barrel of such Vinegar-Béer so made and brewed the several and respective sums already imposed and set by any the Acts of Excise above mentioned upon Vinegar-Béer brewed by any common Brewer in any common Brew-house Any thing in the said Acts or either of them to the contrary notwithstanding Colledges and Halls in the Vniversity And is it hereby further Declared That every Colledge and Hall in either of the Vniversities which before the Duty of Excise was imposed did brew their own Béer and Ale within their own Precincts and size it out to their respective Members within their own Precincts only are not liable to the payment of any Duty of Excise for the same either by this or any the forementioned Acts. Provided also and be it Enacted That all Differences Appeals and Complaints that shall happen and arise betwéen party and party Complaints to be determined in the proper counties in order to the payment of the Duty of Excise shall be heard and determined in the proper County or in the several Ridings and Divisions of Yorkshire and Lincolnshire where they shall arise and not elsewhere Commissioners or Farmers may take no Fees And be it further Enacted by the Authority aforesaid That no Farmer Commissioner Sub-Commissioner or other Officer of Excise shall directly or indirectly take or receive any Mony Fée or Reward for or concerning the taking of any Bond or giving any Receipt or Note in Writing relating to the Excise to or from any person or persons whatsoever upon pain that every such person so offending shall for every such offence forfeit the sum of Ten shillings Who may hear and determine matters upon this Act. And be it further Enacted by the Authority aforesaid That the Iustices of the Peace or any two or more of them or Chief Magistrates in the several Counties Cities Divisions and Places within England and Wales respectively shall méet once in every moneth in their respective Divisions or oftner if there shall be occasion to hear determine and to adjudge all matters and offences against this or the aforesaid Acts. How the penalties upon this Act shall be disposed and recovered And be it further Enacted by the Authority aforesaid That one third part of all Fines Penalties and Forfeitures not herein otherwise disposed shall be to the Kings Majesty His Heirs and Successors one other third part to the poor of the Parish where the Offence shall be committed the other third part to him that shall inform and sue for the same And that all Fines Penalties and Forfeitures for which no remedy is Ordained for recovery thereof by this Act shall be recovered by Action of Debt Bill Plaint or Informations in any Court of Record within such County City or Corporation where the Offence shall be committed or by such other ways and means and in such manner as by the said former Act is directed and appointed Appeals for matters in London and the limits thereof Provided alwayes That after the said Third day of September no Appeal in any Matter or Cause of Excise within the immediate Limits of the Chief Office of London nor within the Limits of the present Farm of London during the continuance of such Farm shall be admitted unless the same be brought within Two Moneths next after the first Iudgment and notice thereof given or left at the Dwelling-house of the party or parties concerned therein nor shall any Appeal in any Matter or Cause of Excise in any other County City Town or Place be admitted unless the same be brought within Four Moneths after the first Iudgment and notice given as aforesaid Any thing in this Act to the contrary notwithstanding Provided nevertheless And it is hereby Enacted That no
Corporation or upon any part thereof by the way of an Acre-Tax Anno XVI Caroli II. Regis CAP. I. Parliaments shall be held once in Three years at the least And an Act for the preventing of Inconveniences happening by the long Intermission of Parliaments Repealed WHereas the Act made in the Parliament begun at Westminster the Third day of November in the Sixtéenth year of the Reign of our late Soveraign Lord King Charles of blessed memory Entituled 16 Car. 1. cap. 1. An Act for the preventing of Inconveniences happening by the long Intermission of Parliaments is in derogation of his Majesties just Rights and Prerogative inherent to the Imperial Crown of this Realm for the Calling and Assembling of Parliaments And may be an occasion of manifold mischiefs and inconveniencies and much endanger the Peace and Safety of his Majesty and all his Liege People of this Realm Be it therefore Enacted by the Kings most Excellent Majesty by and with the Advice and Consent of the Lords Spiritual and Temporal and the Commons in this present Parliament Assembled and by the Authority of the same That the said Act entituled A Repeal of the said Act. An Act for the preventing of Inconveniences happening by the long Intermission of Parliaments And all and every the Articles Clauses and Things therein contained is shall be and are hereby wholly Repealed Annulled and utterly made Void And are hereby declared to be Null and Void to all intents and purposes whatsoever as if the said Act had never béen had or made Any thing in the said Act contained to the contrary in any wise notwithstanding And because by the Ancient Laws and Statutes of this Realm 4 E. 3. cap. 14. 36 E. 3. cap. 10. made in the Reign of King Edward the Third Parliaments are to be held very often Your Majesties humble and Loyal Subjects the Lords Spiritual and Temporal and the Commons in this present Parliament Assembled most humbly do beséech Your most Excellent Majesty That it may be Declared and Enacted And be it Declared and Enacted by the Authority aforesaid That hereafter the sitting and holding of Parliaments shall not be intermitted or discontinued above Thrée years at the most but that within Thrée years from and after the determination of this present Parliament and so from time to time within Thrée years after the determination of any other Parliament or Parliaments or if there be occasion more oftner Your Majesty Your Heirs and Successors do issue out Your Writs for calling assembling and holding of another Parliament to the end there may be a frequent calling assembling and holding of Parliaments once in Thrée years at the least CAP. II. An Act for preventing of Abatements of Writs of Error upon Judgments in the Exchequer WHereas by a Statute made in the One and thirtieth year of the Reign of the late Quéen Elizabeth It is Enacted That the not coming of the Lord Chancellor 31 El. cap. 1. and Lord Treasurer or either of them at the day of Adjournment in any Suit of Error depending 31 E 3. cap. 12. by vertue of the Statute of the One and thirtieth year of the Reign of King Edward the Third therein mentioned concerning Error made in the Exchequer shall not be any Discontinuance of any such Writ of Error But if both the Chief Iustices of either Bench or any one of the said great Officers the Lord Chancellor or Lord Treasurer shall come to the Exchequer-Chamber and there be present at the day of Adjournment in such Suit of Error It shall be no Discontinuance but the Suit shall procéed in Law to all intents and purposes as if both the Lord Chancellor and Lord Treasurer had come and béen present at the day and place of Adjournment Which Statute doth not provide a Remedy in case the said Lord Chancellor and Lord Treasurer or either of them shall not be present at the Days and Times of the Returns of such Writs of Error although it be within the same mischief Iustice being delayed And the parties in such Cases being put to begin new Suits to their great Charges and prejudice by reason of the absence and not coming of the said great Officers Be it therefore Enacted by the Kings most Excellent Majesty by and with the Advice and Consent of the Lords Spiritual and Temporal and the Commons in Parliament Assembled and by Authority of the same The not comâ—ing of the Lord Chancellor or Lord Treasurer That the not coming of the Lord Chancellor and Lord Treasurer or either of them at the day of Return of any Writ of Errour to be sued forth by vertue of the said Statute made in the said One and thirtieth year of the Reign of the said King Edward the Third shall not cause any Abatement or Discontinuance of any such Writ of Error But if both the Chief Iustices of either Bench or either of them or any one of the said great Officers the Lord Chancellor or Lord Treasurer shall come to the Exchequer-Chamber and there be present at the day of Return of any such Writ of Error it shall be no Abatement or Discontinuance But the Suit shall procéed in Law to all intents and purposes as if both the Lord Chancellor and Lord Treasurer had come and béen present at the day and place of Return of such Writ Provided always That no Iudgment shall be given in any such Suit or Writ of Error unless both the Lord Chancellor and the Lord Treasurer shall be present thereat CAP. III. For Collecting the Duty arising by Hearth-Money by Officers to be appointed by His Majesty 14 Car. 2. cap. 10. WHereas by an Act made in the Parliament begun at Westminster the Eighth day of May in the Thirtéenth year of his Majesties Reign that now is Entituled An Act for Establishing an Additional Revenue upon His Majesty his Heirs and Successors for the better Support of His and their Crown and Dignity And by another Act made in the second Session of the said Parliament 15 Car. 2. cap. 14. in the Fiftéenth year of the Reign of his said Majesty Entituled An Additional Act for the better Ordering and Collecting the Revenue arising by Hearth-money It was Enacted and Ordained That from and after the Five and twentieth day of March in the year of our Lord One thousand six hundred sixty and two every Dwelling and other House and Edifice and all Lodgings in Inns of Court Inns of Chancery Colledges and other Societies that are or hereafter shall be erected within the Kingdom of England Dominion of Wales and Town of Berwick upon Tweed other then such as are therein excepted shall be and are charged with the Annual payment to the Kings Majesty his Heirs and Successors for every Fire-Hearth and Stove within every such House Edifice Chambers and Lodgings the sum of Two shillings by the year to be paid yearly at the Feasts of Saint Michael the Arch-Angel and of the
that purpose And that the respective Sheriffs shall be allowed or paid from the King upon their respective Accompts in the Exchequer all such charges by them expended for Conveying Embarquing and Transporting of such persons which shall be allowed by the said respective Courts from whence they received their respective Warrants and which shall not have béen by any of the ways aforementioned paid secured or reimbursed unto them as aforesaid How the offender may be discharged upon payment of 100 l. Provided always and be it further Enacted That in case the offender so Indicted and Convicted for the said Third offence shall pay into the hands of the Register or Clerk of the Court or Sessions where he shall be Convicted before the said Court or Sessions shall be ended the sum of One hundred pounds That then the said offender shall be discharged from Imprisonment and Transportation and the Iudgement for the same Punishment of offenders after the third offence And be it further Enacted That the like Imprisonment Indictment Arraignment and Procéedings shall be against every such offender as often as he shall again offend after such Third offence Nevertheless is dischargeable and discharged by the payment of the like sum as was paid by such offender for his or her said offence next before committed together with the additional and increased sum of One hundred pounds more upon every new offence committed the said respective sums to be paid as aforesaid and to be disposed of as followeth viz The one Moyety for the Repair of the Parish Church or Churches How the said penalty of 100 l. shall be disposed Chappel or Chappels of such Parish within which such Conventicle Assembly or Méeting shall be held and the other Moyety to the Repair of the High-ways of the said Parish or Parishes if néed require or otherwise for the amendment of such High-ways as the Iustices of the Peace at their respective Quarter-Sessions shall direct and appoint And if any Constable Headborough or Tythingman shall neglect to execute any the said Warrants made unto them for Sequestring Distraining and Selling any of the Goods and Chattels of any offender against this Act for the Levying such sums of money as shall be imposed for the first or second offence he shall forfeit for every such neglect the sum of Five pounds of lawful money of England the one moyetie thereof to the King and the other moyetie to him that will sue for the same in any of the Kings Courts of Record as is aforesaid And if any person be at any time Sued for putting in Execution any of the powers contained in this Act Persons sued for executing this Act may plead the General issue and recover treble Costs such person shall and may plead the general Issue and give the special matter in evidence And if the Plaintiff be Non-suit or a Verdict pass for the Defendant thereupon or if the Plaintiff discontinue his Action or if upon Demurrer Iudgement be given for the Defendant every such Defendant shall have his or their treble Costs Felony to escape after conviction or to returne after Transportation And be it further Enacted That if any person against whom Iudgement of Transportation shall be given in manner aforesaid shall make escape before Transportation or being Transported as aforesaid shall return unto this Realm of England Dominion of Wales and Town of Berwick upon Tweed without the special License of His Majesty His Heirs and Successors in that behalf first had and obtained That the party so escaping or returning shall be adjudged a Felon and shall suffer death as in case of Felony without benefit of Clergy and shall forfeit and lose to His Majesty all his or her Goods and Chattels for ever and shall further lose to His Majesty all his or her Lands Tenements and Hereditaments for and during the life only of such offender and no longer And that the wife of any such offender by force of this Act shall not lose her Dower nor shall any Corruption of blood grow or be by reason of any such offence mentioned in this Act But that the heir of every such offender by force of this Act shall and may after the death of such offender have and enjoy the Lands Tenements and Hereditaments of such offenders as if this Act had not béen made Seditious and Tumultuous Meetings and Conventicles And for better preventing of the mischiefs which may grow by such Seditious and Tumultuous Méetings under pretence of Religious Worship Be it further Enacted by the authority aforesaid That the Lieutenants or Deputy-Lieutenants or any Commissioned Officers of the Militia or any other of His Majesties Forces with such Troops or Companies of Horse or Foot And also the Sheriffs and Iustices of Peace and other Magistrates and Ministers of Iustice or any of them joyntly or severally within any of the Counties or Places within this Kingdom of England Dominion of Wales or Town of Berwick upon Tweed with such other assistance as they shall think méet or can get in readiness with the soonest on Certificate made to them respectively under the hand and seal of any one Iustice of the Peace or Chief Magistrate as aforesaid of his particular Information or knowledge of such unlawful Méetings or Conventicles held or to be held in their respective Counties or places And that he with such assistance as he can get together is not able to suppress or dissolve the same shall and may and are hereby required and enjoyned to repair unto the place where they are so held or to be held and by the best means they can to dissolve and dissipate or prevent all such unlawful Méetings and take into their custody such of those persons so unlawfully assembled as they shall judge to be the Leaders and Seducers of the rest and such others as they shall think fit to be procéeded against according to Law for such their Offences The penalty of suffering Conventicles in private houses And be it Enacted by the Authority aforesaid That every person who shall wittingly and willingly suffer any such Conventicle unlawful Assembly or Méeting aforesaid to be held in his or her House Out-house Barn or Room Yard or Back-side Woods or Grounds shall incur the same penalties and forfeitures as any other Offender against this Act ought to incur and be procéeded against in all points in such manner as any other offender against this Act ought to be procéeded against Gaolers may not let priso-committed upon this Act to go at large Provided also And be it Enacted by the authority aforesaid That if any Kéeper of any Gaol or House of Correction shall suffer any person committed to his custody for any offence against this Act to go at large contrary to the Warrant of his Commitment according to this Act or shall permit any person who is at large to joyn with any person committed to his Custody by vertue of
Major part of the Adventurers or Owners then present shall judge reasonable not excéeding the value of Two per cent of the Ship and Goods so defended according to the first cost of the Goods to be made appear by the Envoyce which the Owner or his Factor or Correspondent is hereby required to produce or by the Oath of the said Owner Factor or Correspondent if thereunto required which money so raised shall be paid unto the Register of the said Court who shall receive for the same Thrée pence in each pound and no more thence to be distributed amongst the Captain Master Officers and Seamen of the said Ship or Widows and Children of the slain according to the direction of the Iudge of the said Court with the approbation of Thrée or more of the Owners or Adventurers aforesaid who shall proportion the same according to their best Iudgements unto the Ships Company as aforesaid having especial regard unto the Widows and Children of such as shall have béen slain in that Service and to such as shall have béen wounded or maimed And in case the Company belonging to any English Merchant-ship shall happen to take any ship Ships which 〈◊〉 oâ— taken 〈◊〉 English which ship shall first have assaulted them the respective Officers and Mariners belonging to the same shall after Condemnation of such ship and Goods have and receive to their own proper use and benefit such part and share thereof as is usually practised in Private men of War â—mary And whereas it often happeneth that Masters and Mariners of ships having ensured or taken upon Botomary greater sums of money then the value of their Adventure do wilfully cast away burn or otherwise destroy the ships under their charge to Merchants and Owners great loss For the prevention thereof for the future Be it Enacted by the Authority aforesaid That if any Captain Master Mariner or other Officer belonging to any ship shall wilfully cast away burn or otherwise destroy the ship unto which he belongeth or procure the same to be done he shall suffer death as a Felon The continuance of this Act. Provided that this Act shall continue for Thrée years and from thence to the end of the next Session of Parliament and no longer CAP. VII Deceitful disorderly and excessive Gaming prevented The inconvenience of immoderate and unlawful use of gaming WHereas all Lawful Games and Exercises should not be otherwise used then as Innocent and Moderate Recreations and not as constant Trades or Callings to gain a Living or make unlawful Advantage thereby And whereas by the immoderate use of them many mischiefs and inconveniences do arise and are daily found to the maintaining and encouraging of sundry idle loose and disorderly persons in their dishonest lewd and dissolute course of life And to the circumventing deceiving cousening and debauching of many of the younger sort both of the Nobility and Gentry and others to the loss of their pretious time and the utter ruine of their Estates and Fortunes and withdrawing them from Noble and Laudable Imployments and Exercises 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 if any person or persons of any Degrée or Quality whatsoever at any time or times after the Nine and twentieth day of September which shall be in the year of our Lord God One thousand six hundred sixty and four do or shall by any fraud shift cousenage circumvention deceit or unlawful device or ill practice whatsoever Deceits and Cosenages in Gaming in playing at or with Cards Dice Tables Tennis Bowls Kittles Shovelboard or in or by Cock-fightings Horse-races Dog-matches or Foot-races or other Pastimes Game or Games whatsoever or in or by bearing a share or part in the Stakes Wagers or Adventures or in or by betting on the Sides or Hands of such as do or shall Play Act Ride or Run as aforesaid win obtain or acquire to him or themselves or to any other or others any sum or sums of money or other valuable thing or things whatsoever The penalty That then every person and persons so offending as aforesaid shall ipso facto forfeit and lose treble the sum or value of money or other thing or things so won gained obtained or acquired The one moyety thereof to our Soveraign Lord the King his Heirs and Successors and the other moyety thereof unto the person or persons grieved or who shall lose the money or other thing or things so gained so as every such loser and person grieved in that behalf do or shall prosecute and sue for the same within six Kalender Moneths next after such Play And in default of such prosecution the same other moyety to such person or persons as shall or will prosecute or sue for the same within one year next after the said six moneths expired And that the said Forfeitures shall or may be sued for or recovered by Action of Debt How to be sued for and recovered Bill Plaint or Information in any of his Majesties Courts at Westminster wherein no Essoign Protection or Wager of Law shall be allowed And that all and every such Plaintiff or Plaintiffs Informer or Informers shall in every such Suit and Prosecution have and recover his and their treble Costs against the person offending and forfeiting as aforesaid Any Law Statute Custom or Vsage to the contrary in any wise notwithstanding And for the better avoiding and preventing of all excessive and immoderate Playing and Gaming for the time to come Be it further Ordained and Enacted by the Authority aforesaid Prevention of excessive and immoderate gaming That if any person or persons shall at any time or times after the Nine and twentieth day of September aforesaid play at any of the said Games or any other Pastime Game or Games whatsoever other then with and for ready money or shall Bett on the Sides or hands of such as do or shall play thereat and shall lose any sum or sums of money or other thing or things so plaid for excéeding the sum of One hundred pounds at any one time or méeting upon Ticket or Credit or otherwise and shall not pay down the same at the time when he or they shall so lose the same The party and parties who loseth or shall lose the said moneys or other thing or things so played or to be played for above the said sum of One hundred pounds shall not in that case be bound or compellable to pay or make good the same but the Contract and Contracts for the same and for every part thereof and all and singular Iudgments Statutes Recognizances Mortgages Conveyances Assurances Bonds Bills Specialties Promises Covenants Agréements and other Acts Déeds and Securities whatsoever which shall be obtained made given acknowledged or entred into for security or satisfaction of
de vicineto de A. Quorum quilibet habeat viginti libras terrae tenementorum vel reddit per annum ad minus per quos c. qui nec c. And the residue of the said Writ shall be after the ancient manner And that those Writs which shall be awarded and directed for Returning of Iuries within the Dominion of Wales shall be made in the same manner altering onely the word Viginti into Octo. And that upon every such Writ and Writs of Venire facias Wales the Sheriff Coroner or other ministers of each respective County in England and Wales Penalty upon the Sheriff c. unto whom the making of the Pannel shall appertain shall not return in any such Pannel any person unless he shall then have Twenty pounds or Eight pounds respectively by the year at least as aforesaid in the same County where the Issue is to be tryed upon pain to forfeit for every person being returned in any such Pannel that shall not then have Twenty pounds or Eight pounds respectively as is aforesaid the sum of Five pounds to His Majesty His Heirs and Successors And for the better enabling the Sheriff of every County to know the value of the Estates of such persons as are by the true intent and meaning of this Act to be returned for Iury-men Be it further Enacted How the Sheriff shall find out persons fit to be returned for Iury-men That every Sheriff shall on the first day of every General Quarter-Sessions yearly held next after the Feast of Easter deliver or cause to be delivered unto the Iustices of Peace sitting at the same Sessions the names of all persons of such Estates as are by the true meaning of this Act to be returned for Iury-men to the end the Estates of such persons may be enquired after and such persons approved of by the said Iustices of Peace or the greater number of them then present to be persons of such Estates to be returnable for Iury-men for the year then next ensuing And the said Iustices shall have power to add such persons having Estates of the respective values before mentioned as they shall find to be omitted by the Sheriff amongst the names by him delivered and such competent number and no more of such persons as aforesaid shall be returnable to serve of Iuries for the year next ensuing as the said Iustices or the greater number of them as aforesaid shall think fit And that no Sheriff shall incur the penalty aforesaid for returning any of the persons so approved or added by the Iustices in case his Estate fall out to be of less value then aforesaid And it is further Enacted That no Sheriff or Bailiff of any Liberty or Franchise What time summons ought to be before appearance or any of their or either of their Ministers shall return any such person or persons as aforesaid to have been summoned by them or any of them unless such person or persons shall have been duly summoned by the space of six days at the least before the day on which they ought to make their appearance And have left with or for such persons in writing the names of all the parties in those Causes wherein they are to serve as Iurors Nothing may be taken to excuse appearance The Penalty nor shall directly or indirectly take any money or other reward to excuse the appearance of any Iuror by them or any of them to be summoned or returned upon pain to forfeit for every such offence the sum of Ten pounds Saving to all Cities and Towns Corporate their ancient Vsage of returning Iurors of such Estate and in such manner as heretofore hath béen used and accustomed And be it further Enacted by the Authority aforesaid That from henceforth upon Writs of Venire facias issued out and returned within the County-Palatine of Lancaster County-Palatine of Lancaster as of the same Assizes wherein the Issues are said to be joyned Writs of Habeas Corpora or Distringas shall be sued out like as is used in all other Counties within this Kingdom returnable at the then next Assizes And the Sheriff thereupon to return such Issues as is or ought to be done by the said Sheriffs of the said other Counties and those Issues to be duly estreated as above is provided And the better to cause and bring Iurors to appear upon Trials at Assizes within the said County-Palatine of Lancaster Be it further Enacted by the Authority aforesaid That the Sheriff of the same County-Palatine of Lancaster for the time being shall from henceforth cause twelve good and lawful men so qualified as before in this Act is appointed out of every of the six Hundreds within the said County-Palatine to be duly summoned or warned ten days at the least before the beginning of every Assizes to be and appear the first day of the then next Assizes and there to attend during the same Assizes to perform their duty and service to the Court as Iurors or Iurymen in such Causes betwéen party and party wherein they shall be respectively returned and impannelled upon pain that every of them that shall make default to appear and attend at and during the said Assizes to forfeit Ten pounds to the use and behoof of the Poor of the Town where such person or persons so making default doth inhabit and live the same to be levied recovered and had in such manner and ways as other Issues of Iurors use to be levied Provided That this Act shall continue and stand in force for the space of Thrée years The continuance of this Act. and from thence to the end of the next Session of Parliament and no longer CAP. IV. An Additional Act for the better Ordering and Collecting the Duty of EXCISE FOr the better Ordering and Collecting the Duty of Excise 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 the Commons in this present Parliament Assembled and by the Authority of the same That from and after the eighth day of November Powers given to Farmers of Excise which shall be in the year of our Lord One thousand six hundred sixty and five all Farmers of Excise or any of them within the several Circuits and Divisions of their respective Farms shall and are enabled hereby to exercise and put in Execution all such Powers and Authorities which the Commissioners or Sub-Commissioners of Excise are enabled to do and execute by the several Acts and Statutes of Excise for the levying raising receiving and managing of the said Revenue of Excise 12 Car. 2. cap. 24. 15 Car. 2. cap. 11. cap. 12 Except the Iudicial part of hearing and determining all breaches and offences against the Laws of Excise and of imposing mitigating or compounding of Fines or Penalties CAP. V. Delays in extending Statutes Judgments and Recognizances prevented Security by Statute
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
be given upon Demurrer for the Avowant or him that maketh Cognisance for any Rent the Court shall at the prayer of the Defendant award a Writ to inquire of the value of such Distress and upon the return thereof Iudgement shall be given for the Avowant or him that makes Cognisance as aforesaid for the Arrears alledged to be behind in such Avowry or Cognisance if the Goods or Cattel so distrained shall amount to that value And in case they shall not amount to that value then for so much as the said Goods or Catel so distrained amount unto together with his full Costs of Suit and shall have like Execution as aforesaid Provided always And be it Enacted That in all Cases aforesaid where the value of the Cattel distrained as aforesaid shall not be found to be to the full value of the Arrears distrained for that the party to whom such Arrears were due his Executors or Administrators may from time to time Distrain again for the Residue of the said Arrears 19 Car. 2. cap. 5. This Act made to extend to Wales and Counties Palatine CAP. VIII An Act for avoiding unnecessary Suits and Delayes FOr the avoiding of unnecessary Suits and Delayes Be it Enacted by the Kings most Excellent Majesty by and with the Advice and Consent of the Lords Spiritual and Temporal and Commons in this present Parliament Assembled and by Authority of the same Death of either party between the Verdict and Iudgment That in all Actions personal and real or mixt the death of either party betwéen the Verdict and the Iudgment shall not hereafter be alledged for Error so as such Iudgment be entred within two Terms after such Verdict And be it further Enacted by the Authority aforesaid Iudgment obtained by an Executor where any Iudgment after a Verdict shall be had by or in the name of any Executor or Administrator In such case an Administrator de bonis non may sue forth a Scire facias and take Execution upon such Iudgment This Act to continue for the space of Five years The continuance of this Act. and from thence to the end of the next Session of Parliament CAP. IX An Act for granting one Moneths Assessment to His Majesty WE Your Majesties most dutiful and Loyal Subjects the Commons Assembled in Parliament taking notice of that Heroick Courage The Heroick Courage of his Highness the Duke of York with which Your Majesties Royal Brother exposed his own Person for the Defence of Your Majesty and Your People against the Dutch Fléet and of the Glorious Victory through the blessing of Almighty God by him obtained are humble Suiters unto Your Majesty that we may have leave to make some expressions of our Humble Thanks to his Royal Highness for the same And that for this end Your Majesty would graciously please to accept from us your Loyal Subjects the sum of money herein after mentioned and to bestow the same upon Your Majesties Royal Brother Wherefore we your Majesties said Dutiful and Loyal Subjects have given and granted and by these presents do give and grant unto your most Excellent Majesty whom God long preserve the Sum of One hundred and twenty thousand nine hundred and two pounds fiftéen shillings and eight pence to be raised and levied in manner following That is to say Whereas in and by a certain Act lately passed for granting a Royal Ayd unto his Majesty of Twenty four hundred thréescore and seventéen thousand and five hundred pounds to be raised 16 17 Ca◠2. cap. 1. levied and paid within the space of thrée years It was amongst other things Enacted That the sum of Thréescore and eight thousand eight hundred and ninetéen pounds and nine shillings by the Moneth for thirty six Moneths beginning from the Five and twentieth day of December One thousand six hundred sixty four should be assessed taxed levied and paid by twelve quarterly payments in the several Counties Cities Burroughs Towns and places within England and Wales and Town of Berwick upon Tweed according to the Rates and Proportions therein expressed And whereas in and by another Act passed in this present Session of Parliament 17 Car. 2. cap. 1. It is further Enacted That the sum of Fifty two thousand fourscore and thrée pounds six shillings and eight pence by the moneth for twenty four moneths beginning from the five and twentieth day of December One thousand six hundred sixty five shall be likewise assessed taxed collected levied and paid by eight quarterly payments in the several Cities Burroughs Towns and Places within England and Wales and the Town of Berwick upon Tweed over and above the said sum of Thréescore and eight thousand eight hundred and ninetéen pounds and nine shillings as an addition to and increase of the same monethly Assessment both which Sums together amount unto the sum of One hundred and twenty thousand nine hundred and two pounds fiftéen shillings and eight pence by the Moneth It is now further Enacted by the Kings most Excellent Majesty by and with the Advice and Consent of the Lords Spiritual and Temporal and of the Commons in this present Parliament Assembled That the Sum of One hundred and twenty thousand nine hundred and two pounds fiftéen shillings and eight pence for one Moneths Assessment more beginning upon the Six and twentieth day of December One thousand six hundred sixty seven and ending upon the Six and twentieth day of January in the same year shall be assessed taxed collected levied and paid in the several Counties Cities Burroughs Towns and Places within England and Wales and the Town of Berwick upon Tweed according to the Rates and Proportions following That is to say For the County of Bedford the sum of One thousand five hundred seventy and five pounds twelve shillings six pence farthing The County of Berks the sum of One thousand nine hundred eighty nine pounds four shillings nine pence thrée farthings The County of Bucks the sum of Two thousand thrée hundred and ten pounds fourtéen shillings and thrée pence The County of Cambridge the sum of One thousand seven hundred ninety and one pounds eightéen shillings thrée half pence The Isle of Ely the sum of Six hundred and fourtéen pounds thirtéen shillings and nine pence The County of Chester with the City and County of the City of Chester the sum of One thousand four hundred and seven pounds thirtéen shillings and one peny The County of Cornwall the sum of Two thousand seven hundred and seven pounds seven pence farthing The County of Cumberland the sum of Two hundred ninety and five pounds thirtéen shillings and four pence farthing The County of Derby the sum of One thousand five hundred and fiftéen pounds one shilling and thrée pence thrée farthings The County of Devon the sum of Five thousand six hundred seventy and four pounds five shillings eleven pence farthing The City and County of the City of Exon the sum of Two hundred and four